Warsaw Village City Zoning Code
ARTICLE VII
District Regulations
§ 163-34 Application of regulations.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified district;
(2)
Accommodates or houses a greater number of families;
(3)
Occupies a greater percentage of lot area; or
(4)
Has narrower or smaller yards or other open spaces than herein required or in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Code.
C.
No part of a yard or other open space or off-street parking or loading space required or provided in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use except as provided in Article XI.
D.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
§ 163-35 R-1 Residential District.
In an R-1 Residential District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein:
A.
Purpose. The purpose of the R-1 Residential District is to provide an opportunity for single-family residential development to occur at medium densities in areas where water and sewer services are available and in locations where adequate highway facilities exist. Provisions have been made to permit higher-density residential developments in areas where such densities will not adversely impact or create a burden for existing development.
B.
Permitted principal uses shall be:
(1)
Single-family dwellings, not to exceed one principal structure per lot.
C.
Permitted accessory uses.
(1)
Permitted accessory uses shall be:
(a)
One private garage or carport with a maximum capacity of 600 square feet for the parking of automobiles of residents on the premises. The use of a private garage for the repair of automobiles or other vehicles for a profit shall not constitute a permitted accessory use.
(b)
Customary accessory structures serving residential uses, including but not limited to private swimming pools, fences, storage buildings, toolhouses, greenhouses, tennis courts, pet shelters and fireplaces, all subject to the following provisions:
[1]
No more than two detached accessory buildings, excluding private garages, may be located on any single parcel of land. Detached accessory buildings with less than 50 square feet of floor area shall not be included in determining the number of accessory buildings on a property.
[2]
The total area of all detached accessory buildings on any single parcel of land, including buildings with less than 50 square feet of floor area, shall not exceed 200 square feet in area. The area of detached private garages shall not, however, be included in determining the total square footage of detached accessory buildings.
[3]
No detached accessory building shall exceed 12 feet in height, except for a detached private garage which may be up to 15 feet in height.
[4]
With the exception of detached private garages, all detached accessory buildings shall be located behind the rear foundation wall of the principal building and in accord with the setback requirements for rear and side yards specified in Schedule I.[1] Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard in accord with the setback requirements specified in Schedule I.
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
(c)
Private swimming pools subject to the provision of Article XII of this chapter.
(d)
Off-street parking subject to the provisions of Article XI of this chapter.
(e)
Signs subject to the provisions of Article XIII of this chapter.
(f)
Antennas or towers.
[1]
Not more than one ground-mounted satellite television dish antenna not more than 12 feet in diameter and 16 feet in height may be permitted for each property. The minimum setback of a ground-mounted satellite television dish antenna from all property lines shall be 16 feet. A zoning permit issued by the Code Enforcement Officer shall be required prior to placing a dish in operation. The village 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 television 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.
[2]
Other antennas or towers may be either ground-mounted, mounted on or attached to a building for support. Such antennas or towers shall not exceed 15 feet above the maximum height of the building on which it is mounted or to which it is attached or accessory thereto. A zoning permit issued by the Code Enforcement Officer shall be required prior to placing a ground-mounted antenna in operation.
[3]
An antenna or tower which is ground-mounted shall be located in rear yards only. Antennae or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than one and 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.
(2)
Other accessory uses not specified herein may be approved by the Planning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Zoning Schedule I, which is a part of this chapter.[2]
[2]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
E.
Special uses. The following uses may be permitted, consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
(1)
Essential services, excluding power plants, maintenance buildings and storage yards.
(2)
Cluster residential developments.
(3)
Townhouse developments.
(4)
Home occupations.
(5)
Public and semipublic uses and buildings.
(6)
Windmills.
§ 163-36 R-2 Residential District.
In an R-2 Residential District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.
A.
Purpose. The purpose of the R-2 Residential District is to provide for the orderly development of mixed single- and two-family dwelling units in established residential neighborhoods in the village. Higher-density residential developments may be permitted if it can be determined that such densities will not adversely impact or create a burden for existing development.
B.
Permitted principal uses shall be:
(1)
Single-family dwellings, not to exceed one principal structure per lot.
(2)
Two-family dwellings, including duplexes, may be permitted upon approval by the Planning Board, provided that the following standards and provisions are maintained:
(a)
The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in Schedule I of this chapter.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
(b)
Each residential unit shall be served with separate utility meters, shutoff valves and heating systems.
(c)
In cases where eight or more duplex structures are planned for a subdivision, the Planning Board shall carefully consider the need for two access points to the subdivision and require them, if needed.
(d)
Each structure shall have its own individual driveway access to a public street.
(e)
Each dwelling unit shall have not less than two off-street parking spaces. At least one of these off-street parking spaces shall be provided for in an enclosed garage.
(f)
The minimum living area to be provided in each residential unit shall equal or exceed the minimum area required for single-family dwellings.
(g)
Each structure shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.
(h)
The Planning Board shall determine that the neighborhood character of the site proposed for the development of two-family dwellings is appropriate for such use and that plans for water supply, sewage disposal and storm drainage are capable of serving the proposed use.
(i)
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
(j)
The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.
(k)
No site preparation or construction shall commence until final site development plan approval has been granted and permits issued by all governmental agencies involved.
(3)
Residential conversions, which provide for the conversion of an existing structure for occupancy by up to two families living as separate and independent housekeeping units, may be permitted upon approval by the Planning Board, provided that the following standards and provisions are maintained:
(a)
Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.
(b)
The conversion shall comply with the requirements of the Uniform Code and this chapter.
(c)
For each dwelling unit proposed to be created by a conversion, the minimum lot size shall exceed the minimum for a single-family dwelling by 10%.
(d)
The minimum bulk requirements and setbacks for structures proposed for residential conversions shall comply with the standards specified in Schedule I of this chapter.[2]
[2]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
(e)
The minimum habitable floor area for living units shall be 550 square feet for efficiency units; 650 square feet for one-bedroom units; 900 square feet for two-bedroom units; and 1,000 square feet for three-bedroom units.
(f)
The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.
(g)
The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.
(h)
Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.
(i)
The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided.
C.
Permitted accessory uses shall include:
(1)
All uses, provisions and regulations specified for the R-1 Residential District.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Zoning Schedule I, which is made a part of this chapter.[3]
[3]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
E.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
(1)
All uses, provisions and regulations specified for the R-1 Residential District.
(2)
Bed-and-breakfast establishments.
(3)
Multiple-family developments.
(4)
Rooming houses.
§ 163-36.1 Restricted Business (R-B) District.
[Added 9-16-1996 by L.L. No. 3-1996]
A.
Purpose. The purpose of this district is to provide suitable areas for the location of professional and administrative offices and related nonretail activities which provide employment opportunities and/or broaden the tax base. Restricted business uses generally have low volumes of traffic compared to commercial and industrial uses. They are further typified by limited hours of operation and low noise characteristics.
B.
Permitted principal uses.
(1)
Offices of architects, engineers, accountants, real estate brokers, insurance agents, financial planners, lawyers, travel agents or manufacturer's representatives.
(2)
Offices and clinics of New York State licensed health-care professions, including but not limited to dentists, chiropractic, optical, physicians, veterinarians or other health-care professions, excluding overnight occupancy, provided that there are no more than four professionals per office or clinic.
(3)
Corporate offices.
(4)
Data processing or computer service centers which do not include retail sales.
(5)
Offices for public service utility companies, excluding any warehouse, garage or storage areas.
(6)
Subject to the approval of the Planning Board, other types of professional offices which are consistent with the purpose of this district.
C.
Permitted accessory uses.
(1)
A restaurant or cafeteria within the principal building for supplying meals only to employees and guests of the principal use.
(2)
An assembly hall for meetings incidental to the business of the principal use, provided that there be available off-street parking space for all persons in attendance at any such meeting.
(3)
Pharmacies when included within a medical services building.
(4)
Storage facilities incidental to the principal use, provided that all storage of materials and equipment is enclosed and secured from adverse weather.
(5)
Subject to the approval of the Planning Board, dish antennae.
D.
Dimensional requirements.
(1)
For all sites that are less than 40,000 square feet in area, the dimensional requirements of the R-2 Zone shall apply.
(2)
For all sites that are equal to or greater than 40,000 square feet in area, the following dimensional requirements shall apply:
(a)
Principal structures shall not exceed two stories nor shall they exceed 35 feet in height.
(b)
All building or structures shall be set back from the front street line a minimum of 100 feet.
(c)
Each side yard in this district shall have a minimum width of not less than 50 feet.
(d)
The rear yards in this district shall have a minimum depth of not less than 50 feet.
(e)
When a side or rear yard abuts a residential district, such side or rear yard shall be screened by a solid wall, fence or evergreen hedge approved by the Planning Board.
(f)
Principal structures shall not exceed 30% coverage of the total lot area.
(g)
Total lot coverage, including structures, parking areas and other impervious surfaces shall not occupy more than 75% of the total lot area. The remainder of the lot shall be landscaped area.
E.
Additional conditions and requirements.
(1)
Site plan approval shall be secured from the Planning Board as required in Article III of this chapter.
(2)
No use shall be permitted to be established or maintained which, by reason of its nature or manner of operation, is or may become noxious or offensive by reason of odor, dust, smoke, cinders, gas, fumes, noise, glare, vibration, refuse or water-carried waste.
(3)
No outside storage of material or merchandise shall be permitted.
(4)
There shall be a minimum of one parking space for each 200 feet of gross floor area or fraction thereof of the principal structure.
(5)
Signs within the Restricted Business (RB) District shall conform to § 163-85B (Residential districts).
(6)
The front yard of all lots and the exterior side of a corner lot shall be landscaped and shall include the provision of vegetation of suitable levels of maturity to enhance the overall quality of the environment. In the case of lots where the real or side yard is visible from a public highway or residential area, the Planning Board, through its site plan review authority, may impose a similar requirement where appropriate.
(7)
Off-street parking may be permitted in front yards as long as that parking is set back no less than 25 feet from the front lot line and is located in a paved area designed for that purpose.
§ 163-37 C-B Central Business District.
In a C-B Central Business District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.
A.
Purpose. The purpose of the C-B Central Business District is to provide a variety of retail and service uses to satisfy the needs of individual consumers and households as well as to meet the requirements of other businesses, industries and institutions. The proximity to nearby residences requires that commercial operations be conducted at a scale commensurate with nearby residential development and possess a minimum of characteristics and effects which may be detrimental or create a nuisance to nearby residences.
B.
Permitted principal uses shall be:
(1)
Retail business establishments such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and other such food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales and service.
(f)
Restaurants and taverns.
(g)
Office supplies and equipment.
(h)
Furniture and home furnishings.
(2)
Personal service establishments such as but not limited to the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Business and professional offices, including but not limited to medical, legal, engineering, architectural, planning, real estate and insurance offices and banks. Banks with drive-in facilities shall be permitted, provided that at least five car-length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.
(d)
Dry cleaning stores and laundromats.
(3)
Bowling alleys.
(4)
Hotels and motels.
(5)
Assembly halls and theaters, excluding drive-in theaters.
(6)
Newspaper printing, including incidental job printing. Such operations shall be limited to having not more than 15 full-time persons engaged therein at any one time and using not more than 30 horsepower in electric motor power.
(7)
The sale of new and used automobiles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building located on the same lot and having a building area of not less than 3,000 square feet devoted to the sales and services of automobiles.
(b)
Accessory to such building, the sale of new and used automobiles may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building; be in a C-B Central Business District; and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained and shall be maintained in a neat and orderly manner and in good order and condition.
[3]
All exterior illumination shall be approved by the Planning Board and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.
[4]
Suitable landscaping and/or fencing of such unenclosed area shall be required.
[5]
A minimum area of 200 square feet shall be provided on the lot for each automobile displayed, parked or stored in any unenclosed area. Each automobile stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts, and such automobiles shall be arranged in an orderly manner in such spaces.
(c)
As used in this section, the sale of new automobiles shall be deemed to mean only the sale of such automobiles under a franchise granted to the person, firm or corporation conducting such business by an automobile manufacturer. Used automobiles shall be sold only in connection with the sale of new automobiles.
(d)
No establishment for the sale of new and used automobiles shall be opened, conducted or maintained except as provided above. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of new and used automobiles, provided that any change in the nature of said use shall be subject to the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
(8)
Bus stations.
(9)
Assembling, converting, altering, finishing, cleaning or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;
(c)
Except in connection with newspaper printing, electric motor power not exceeding a total of 10 horsepower shall be used exclusively. An installation of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Code Enforcement Officer that said installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses; and
(d)
Not more than two persons shall be engaged in such production/processing at any one time.
(10)
Funeral parlors.
(11)
Other business uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.
(12)
Upon the approval of the Planning Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required in Schedule I.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
C.
Permitted accessory uses shall be:
(1)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(2)
Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article XI of this chapter.
(3)
Signs subject to the provisions of Article XIII of this chapter.
(4)
Satellite television dish antennas subject to the provisions of § 163-35C(6)(a); however, a building-mounted antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
(5)
Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Zoning Schedule I, which is a part of this chapter.[2]
[2]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
E.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
(1)
Essential services, excluding power plants, maintenance buildings and storage yards.
(2)
Motor vehicle service stations, including filling stations and auto repair shops.
(3)
Public and semipublic uses.
(4)
Produce markets.
(5)
Windmills.
(6)
Car wash establishments.
(7)
Multiple-family developments.
F.
Other provisions and requirements for uses in the C-B District. Except as otherwise provided herein, all permitted uses, whether principal or accessory, including all storage, shall be carried on in a fully enclosed building. Such provisions shall not apply to parking of registered vehicles, outdoor loading or other service activities.
§ 163-38 G-B General Business District.
A.
Purpose. The purpose of the G-B General Business District is to provide sufficient space in appropriate locations for a wide variety of business, commercial and miscellaneous service activities, particularly along certain existing major thoroughfares. It is the further purpose of this district to provide for attractive and efficient retail shopping facilities of integrated design in appropriate locations which are laid out and developed as a unit.
B.
Permitted principal uses shall be:
(1)
Any use permitted in the C-B Central Business District.
(2)
Drive-in restaurants and eating establishments where a substantial percentage of sales are to takeout customers, provided that such uses shall not be closer than 200 feet to a residential district.
(3)
Hotels and motels.
(4)
Printing, publishing and engraving establishments.
(5)
Building supply and farm equipment stores.
(6)
Electrical, heating, plumbing or woodworking shops.
(7)
Wholesale establishments, provided that all sales activities are conducted in a completely enclosed building.
(8)
Automobile sales establishments subject to the provisions of § 163-37B(7), except that used car sales shall not be required to be conducted in conjunction with the sale of new cars.
(9)
Material storage yards in connection with retail sales of products where storage is incidental to the approved occupancy of a store or other permitted use, provided that all products and materials used or stored are in a completely enclosed building or enclosed by a masonry wall fence or hedge not less than six feet in height. The storage of all materials and equipment shall not exceed the height of the wall. The storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls, but not including the storage of heavy equipment such as road-building or excavating equipment.
(10)
Commercial storage buildings providing space for rent.
(11)
Veterinary animal clinics or offices with interior operations only.
(12)
Other business uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.
C.
Permitted accessory uses shall include:
(1)
All uses and regulations specified herein for the C-B Central Business District.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Zoning Schedule I, which is a part of this chapter.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
E.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services, excluding power plants.
(2)
Motor vehicle service stations, including filling stations and auto repair shops.
(3)
Public and semipublic uses.
(4)
Produce markets.
(5)
Planned business centers.
(6)
Windmills.
(7)
Car wash establishments.
§ 163-39 L-I Light Industrial District.
In an L-I District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be or used in whole or in part for any uses except as specified herein.
A.
Purpose. The purpose of the L-I Light Industrial District is to provide for the establishment of industrial uses essential to the development of a balanced economic base in an industrial environment and to regulate such development so that it will not be detrimental or hazardous to the surrounding community and to the general health, safety and well-being of the Village of Warsaw.
B.
Permitted principal uses. The following shall be permitted principal uses:
(1)
Any use of a light-industrial nature which involves only the processing, assembly, compounding or packaging of previously prepared or refined materials, provided that at no time shall such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or odor or other atmospheric pollution, objectionable noise, glare or vibration that will be evident beyond the property line.
(b)
Hazard of fire or explosion or other physical hazard to any adjacent building or any land area adjacent to the site of the use.
(c)
Violation of applicable standards or regulations adopted and enforced by any federal, state, county or village environmental or health agency or legislative body. Violation of such standards shall result in the revocation of an existing certificate of occupancy and/or certificate of compliance and the immediate cessation of operations. The correction of the violation and new certificates shall be a prerequisite to the resumption of such industrial operations.
(2)
The following uses which are indicative of those which are intended to be permitted:
(a)
Manufacture of machinery such as cash registers, sewing machines, typewriters, calculators and other office machines.
(b)
Fabrication of metal products such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet metal products and toys.
(c)
Fabrication of paper products such as bags, book bindings, boxes and packaging materials, office supplies and toys.
(d)
Fabrication of wood products such as bolts, boxes, cabinets and woodworking, furniture and toys.
(e)
Food and associated industries such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
(f)
The warehousing or storage of goods and products such as building materials, farm supplies and the like which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(3)
Office buildings for executive, engineering and administrative purposes.
(4)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(5)
The compounding and processing of pharmaceutical and cosmetic products.
(6)
Commercial storage buildings.
(7)
Other uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.
C.
Permitted accessory uses shall be:
(1)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.
(2)
Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article XI of this chapter.
(3)
Signs subject to the provisions of Article XIII of this chapter.
(4)
Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Zoning Schedule I, which is a part of this chapter.[1]
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
E.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services, excluding power plants.
(2)
Motor vehicle service stations, including filling stations and auto repair shops.
(3)
Car wash establishments.
(4)
Windmills.
(5)
Retail businesses and personal service establishments.
(6)
Transfer stations/recycling uses.
(7)
Adult bookstores, cabarets and theaters as defined and regulated in Chapter 36 of this Code.
(8)
Public and semipublic uses and buildings.
[Added 6-26-2003 by L.L. No. 2-2003]
F.
Other provisions and requirements for uses in the L-I Light Industrial District.
(1)
Residential uses shall be prohibited except for a caretaker's residence on-site.
(2)
The manufacturing of all goods, including but not limited to the processing, assembly, compounding and packaging of materials shall be performed in a fully enclosed building.
(3)
Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent residential districts by fencing, landscaping or other appropriate measures determined by the Planning Board.
(4)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(5)
Parking areas may be located in any of the required yard areas, provided that they are not less than 50 feet from a right-of-way line or 20 feet from a property line.
(6)
As an exception to Subsection F(5) above, no industrial activities associated with an approved use, including off-street parking, loading or outdoor storage, shall be located within 50 feet of an adjacent residential district.
(7)
The development of industrial areas shall be designed so as to minimize the interference of electrical transmissions to nearby properties.
§ 163-40 FP-O Floodplain Overlay District.
A.
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3)
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
(4)
Control filling, grading, dredging and other development which may increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(6)
Qualify for and maintain participation in the National Flood Insurance Program.
B.
Objectives. The objectives of this section are to:
(1)
Protect human life and health.
(2)
Minimize the expenditure of public money for costly flood-control projects.
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4)
Minimize prolonged business interruptions.
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard.
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.
(7)
Provide that developers are notified that property is in an area of special flood hazard.
(8)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply to all areas of special flood hazard within the Village of Warsaw.
(2)
Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency as follows: (single panel) No. 360951 0003B, dated November 18, 1981. This document is hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Village Office, 15 South Main Street, Warsaw, New York 14569.
(3)
Interpretation; conflict with other laws.
(a)
This section has been developed in response to revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws and ordinances adopted for the purpose of establishing and maintaining eligibility for flood insurance.
(b)
In their interpretation and application, the provisions of this section shall be held to be the minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
(4)
Overlay district. The FP-O District shall not be independently mapped upon the Zoning Map, but shall be mapped in conjunction with an underlying district. The area within the FP-O District shall be identical to the areas of special flood hazard within the Village of Warsaw. The Zoning Map serves to provide a close approximation of the special flood hazard area. The FIRM Maps and the Flood Boundary and Floodway Map shall be used to determine the exact legal boundaries of the special flood hazard area.
(5)
Uses permitted; dimensional requirements. The uses permitted and the dimensional requirements for the FP-O District shall be determined by the regulations specified in this Article for the primary or underlying zone district.
(6)
Penalties for noncompliance. Penalties for noncompliance with these regulations are specified in Article XIV of this chapter. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Subsection G will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
(7)
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Warsaw, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Designation of the local administrator. The Code Enforcement Officer is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permit applications in accordance with its provisions.
(2)
Review of application.
(a)
Prior to approving a floodplain development permit for the construction, expansion, demolition or substantial alteration of any building or the change in use of any land area or building within an area of special flood hazard, the Code Enforcement Officer shall refer all information and documentation to the Planning Board. The Planning Board shall review the information and recommend approval or denial of the permit, in writing, to the Code Enforcement Officer.
(b)
The Planning Board, prior to reaching its decision, may request an advisory opinion from the Village Engineer and/or the Village Attorney. The Planning Board shall notify the Code Enforcement Officer of its decision, and the Code Enforcement Officer, acting on the written direction of the Planning Board, shall either approve or deny the permit.
(3)
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any development, including the placement or replacement of manufactured dwellings, mobile homes or recreational vehicles, within the area of special flood hazard as established in Subsection C(2). Application for a floodplain development permit shall be made on forms furnished by the Code Enforcement Officer and may include but not be limited to plans, in quadruplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; and existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(a)
Application stage. The following information is required where applicable:
[1]
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.
[2]
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
[3]
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of Subsection E(1)(c).
[4]
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Subsection E(2)(c).
[5]
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(b)
Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the Code Enforcement Officer a certificate of the elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Code Enforcement Officer shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(4)
Duties and responsibilities of the Code Enforcement Officer. The duties of the Code Enforcement Officer shall include but not be limited to:
(a)
Permit application review. He shall:
[1]
Review all floodplain development permit applications to determine that the requirements of this section have been satisfied.
[2]
Review all floodplain development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3]
Review all floodplain development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.
[a]
If there is no adverse effect, then the permit shall be granted consistent with the provisions of this section.
[b]
If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.
[4]
Review all floodplain development permits for compliance with the provisions of Subsection E(1)(e), Encroachments.
(b)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer Subsection E(2), Specific standards, and Subsection F, Floodways.
(c)
Information to be obtained and maintained. He shall:
[1]
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar.
[2]
For all new or substantially improved floodproofed structures:
[a]
Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
[b]
Maintain the floodproofing certifications required in Subsection E.
[3]
Maintain for public inspection all records pertaining to the provisions of this section, including variances when granted and certificates of compliance.
(d)
Alteration of watercourses. He shall:
[1]
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.
[2]
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e)
Interpretation of FIRM boundaries.
[1]
The Code Enforcement Officer shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.
[2]
Base flood elevation data established pursuant to Subsection C(2) and/or Subsection D(4)(b), when available, shall be used to accurately delineate the areas of special flood hazard.
[3]
The Code Enforcement Officer shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
(f)
Stop-work orders.
[1]
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIV of this chapter.
[2]
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIV of this chapter.
(g)
Inspections. The Code Enforcement Officer and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the floodplain development permit or the approved variance.
(h)
Certificate of compliance.
[1]
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Code Enforcement Officer stating that the use of any building or land is in conformance with the requirements of this section.
[2]
All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the Code Enforcement Officer.
[3]
All certificates shall be based upon the inspections conducted subject to Subsection D(4)(g) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
E.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazards the following standards are required:
(a)
Anchoring.
[1]
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2]
All manufactured dwellings shall be installed using methods and practices which minimize flood damage. Manufactured dwellings must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured dwellings shall be elevated in accordance with the provisions of Subsection E(2)(b)[1]. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[3]
All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated and anchored to resist flotation, collapse or lateral movement. Recreational vehicles shall be elevated in accordance with the provisions of Subsection E(2)(b)[4].
(b)
Construction materials and methods.
[1]
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2]
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c)
Utilities.
[1]
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
[2]
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[3]
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
[4]
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent with the need to minimize flood damage.
[2]
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
[3]
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[4]
Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.
(e)
Encroachments.
[1]
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in Subsection D(4)(a), Permit application review. This may require the submission of additional technical data to assist in the determination.
[2]
In all areas of special flood hazard in which base flood elevation data is available pursuant to Subsection C(2) or D(4)(b) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
[3]
In all areas of the special flood hazard where floodway data is provided or available pursuant to Subsection C(2), the requirements of Subsection F, Floodways, shall apply.
[4]
Notwithstanding any other provisions of this chapter, certain development in Zones A1 through 30, AE and AH may be permitted to increase the water surface elevation of the base flood (e.g., dams, levees, etc.), provided that the Village Board endorses an application to the Federal Emergency Management Agency (FEMA), the permit application provides all necessary data and analyses and pays all fees and FEMA approval is received.
[5]
The Code Enforcement Officer shall require within Zones AH and AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(2)
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazards, and Subsection D(4)(b), Use of other base flood and floodway data, the following standards are required:
(a)
Residential construction. New construction and substantial improvements of any resident structure shall:
[1]
Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.
[2]
Have fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are in an area of special flood hazard, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[b]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[3]
Within any AO Zone, have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM [at least two feet if no depth number is specified].
[4]
Within any A Zone, when no base flood data is available, have the lowest floor elevated at least three feet above the highest adjacent grade.
(b)
Manufactured dwellings and recreational vehicles.
[1]
A manufactured dwelling that is placed or substantially improved on a site in an A1 through 30, AE or AH Zone that is either outside of a manufactured dwelling park or subdivision, in a new manufactured dwelling park or subdivision, in an expansion to an existing manufactured dwelling park or subdivision or in an existing manufactured dwelling park or subdivision on which a manufactured dwelling has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
[2]
A manufactured dwelling to be placed or substantially improved on a site located in an A1 through 30, AE or AH Zone, in a manufactured dwelling park or subdivision as herein defined, that is not subject to the provisions of Subsection E(2)(b)[1], shall be elevated so that either:
[a]
The lowest floor of the manufactured home is at or above the base flood elevation; or
[b]
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system.
[3]
New construction or substantial improvements of manufactured dwellings in Zone A, where no base flood elevation data is available, shall be elevated at least three feet above the highest adjacent grade.
[4]
All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated in accordance with Subsection E(2)(b)[1], [2] or [3].
[5]
Manufactured dwellings and recreational vehicles on-site for longer than 180 consecutive days, with fully enclosed areas below the lowest floor, must meet the requirements of Subsection E(2)(a)[2].
(c)
Nonresidential construction. In Zones A1 through 30, AE and AH, new construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
[1]
In an AO Zone, all new construction and substantial improvements shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM [at least two feet if no depth number is specified].
[2]
In an A Zone, when no base flood data is available, have the lowest floor elevated at least three feet above the highest adjacent grade.
[3]
Within any AO Zone, have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM [at least two feet if no depth number is specified].
[4]
Within an A Zone, when no base flood data is available, have the lowest floor elevated at least three feet above the highest adjacent grade.
[5]
If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
[a]
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[b]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
[6]
If the structure is to be flood proofed:
[a]
A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[b]
A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
[7]
The Code Enforcement Officer shall maintain on record a copy of all such certificates noted in this subsection.
F.
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Subsections C(2) and D(4)(b), all encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
G.
Variance procedure.
(1)
Appeals Board.
(a)
The Board of Appeals as established by the Village Board shall hear and decide appeals and requests for variances from the requirements of this section.
(b)
The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this section.
(c)
Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(d)
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:
[1]
The danger that materials may be swept onto other lands to the injury of others.
[2]
The danger to life and property due to flooding or erosion damage.
[3]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
[4]
The importance of the services provided by the proposed facility to the community.
[5]
The necessity to the facility of a waterfront location, where applicable.
[6]
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
[7]
The compatibility of the proposed use with existing and anticipated development.
[8]
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
[9]
The safety of access to the property in times of flood for ordinary and emergency vehicles.
[10]
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
[11]
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
[12]
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
(e)
Upon consideration of the factors of Subsection G(1)(d) above and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The Code Enforcement Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection G(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance would normally increase.
(b)
Variances may be issued for the repair or rehabilitation of historic structures upon the determination that:
[1]
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
[2]
The variance is the minimum necessary to preserve the historic character and design of the structure.
(c)
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
[1]
The conditions specified in this Subsection G(2)(a), (d), (e) and (f) are met.
[2]
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
(d)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f)
Variances shall only be issued upon receiving written justification of:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(g)
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.
§ 163-41 PRD Planned Residential Development District.
A.
Purpose. The PRD Planned Residential District has been designed to encourage innovations in residential development so that desirable residential living areas can be accomplished. This section recognizes that while standard zoning changes are appropriate for the regulation of land use in neighborhood areas that are already substantially developed, these techniques represent a type of regulatory rigidity and uniformity which will not permit the type of land development envisioned in the PRD Planned Residential Development District. Thus, where Planned Residential Development District techniques are deemed appropriate through the rezoning of land to a Planned Residential Development District by the Village Board, the set of use and dimensional specifications specified herein in Schedule I[1] shall be replaced by the approval process in which an approved plan becomes the basis for establishing land use controls.
[1]
Editor's Note: Zoning Schedule I is included at the end of this chapter.
B.
Objectives. In order to carry out the intent of this section, the PRD Planned Residential Development District shall be designed to achieve the following objectives:
(1)
The proposed residential development shall be in harmony with the general purpose, goals and objectives of the Comprehensive Plan and this chapter.
(2)
The proposed residential development shall comply with all applicable regulations of this chapter except as modified by the authority of this section.
(3)
The proposed residential development shall not have a substantial adverse effect upon adjacent properties, utility facilities, traffic conditions and other matters that would affect the public health, safety and general welfare.
(4)
The proposed residential development shall be constructed, arranged and operated so as to not interfere with the development and use of neighboring properties.
(5)
The proposed residential development shall be adequately served by essential public facilities and services, such as but not limited to sanitary sewers, public water supply, stormwater drainage facilities and highway capacity.
(6)
The proposed residential development shall provide for the effective development of the project site, making appropriate provisions for the preservation of trees, streams, wetlands, natural topography and geological features and the prevention of soil erosion.
C.
General requirements.
(1)
All types of residential uses are encouraged to be included in this district, but are not necessarily required to obtain PRD zoning. In order to develop a balanced community, the use of a variety of housing types and densities shall be deemed to be consistent with the objectives of this section.
(2)
Accessory uses, such as private garages, storage buildings and recreational and community activities, shall also be permitted as appropriate to the PRD Planned Residential Development District.
(3)
The PRD Planned Residential Development District shall be applicable to any area in the village where the applicant can demonstrate that the characteristics of the property proposed for such use will meet the objectives of this section.
(4)
The minimum area required to qualify for a PRD Planned Residential Development District shall be 20 contiguous acres of land. However, if an applicant can demonstrate that the characteristics of the property proposed for such use can meet the objectives of this section, projects with less acreage will be considered.
(5)
Where an applicant proposes the use of a portion of the site as common property, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities. For the purpose of this section, the term "common property" shall be defined as a parcel of land, together with improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the PRD Planned Residential Development District.
(6)
Commercial, service or other nonresidential uses may be permitted or required where such uses are scaled primarily to serve the residents of the PRD Planned Residential Development District.
(7)
The Village Board shall determine the appropriate dwelling unit density for proposed PRD Planned Residential Development Districts on an individual case basis.
(8)
Individual buildings within a PRD Planned Residential Development District shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
(9)
The treatment of all building facades within a PRD Planned Residential Development District shall be comparable in amenity to provide a visually and physically integrated development.
(10)
Each dwelling unit shall be located, constructed and served by utilities in such a manner that each dwelling unit may be sold individually as a subdivision lot, condominium unit or in a similar fashion as approved by the Village Board. Dwelling units located in a building common to other dwelling units shall be separated from such dwelling units by a fire wall. Such fire wall shall extend from the foundation to the roof and shall be unpierced.
(11)
Utility lines providing electric, telephone, television or other services shall be installed underground.
D.
Application procedure.
(1)
Application for the establishment of a PRD Planned Residential Development District shall be made to the Village Board by filing an application with the Village Clerk. The Village Board shall refer the application to the Planning Board for consideration.
(2)
In order for the Planning Board and the developer to reach an understanding on basic design requirements, the developer shall submit a plan describing the proposal to the Planning Board. Such plan shall be to scale and shall be supplied in such form and quantity as the Planning Board may require and shall include the following information in addition to any other information which the applicant deems necessary to support the application:
(a)
The principal physical characteristics of the site, including an analysis of the soils and subsoils and the location of major physical features, including streams, floodplains, rock outcroppings, major stands of trees, etc.
(b)
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; and portions of the site with a moderate to high susceptibility to erosion, flooding or ponding.
(c)
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land, and the character of nearby built-up areas.
(d)
Principal ties to the community at large with respect to circulation, water supply, sewage disposal, drainage and other pertinent public facilities and services.
(e)
A general description of the relationship of the proposal to other community facilities, such as schools, fire protection and cultural facilities, if any, and some indication as to how these needs are to be met.
(f)
The proposed land use plan indicating the location, number and types of dwelling units; parks, playgrounds, recreational structures and facilities; open spaces; common property and all other uses; and the circulation pattern with all existing right-of-way and easements, parking areas and pedestrianways.
(g)
A generalized grading and landscaping plan and plans for stormwater drainage.
(h)
If the development is to be staged, an indication of how the staging is to proceed.
(i)
Any other information deemed necessary by the Planning Board to evaluate the consistency of the proposed PRD Planned Residential Development with the purpose and objectives of this section.
E.
Review of development plan by Planning Board. The Planning Board shall review the development plan and related documents and shall provide a written report to the Village Board within 60 days of the date following the receipt of a complete application. The Planning Board may conduct a public hearing on the development plan to assist in the preparation of its report. If the Planning Board does not submit a written report to the Village Board within this sixty-day period, the applicant may proceed on the basis that the Planning Board is in favor of the proposed action. The Planning Board may, however, by official action, extend this time period for an additional 60 days. The Village Board shall be so informed as to the status of the review by the Planning Board.
(1)
A favorable report shall be based on the following findings which shall be included as part of the report:
(a)
The proposal implements the goals and policies of the village's Comprehensive Plan more effectively than would the use of conventional zoning techniques.
(b)
The proposal meets all of the requirements of this section.
(c)
The proposal represents a creative approach to the use of land through innovation and flexibility.
(d)
The proposal is conceptually sound in that it meets a community need and that it conforms to accepted design standards in the proposed roadway system, land use configuration, open space system and drainage and utilities systems.
(e)
Adequate services and utilities are available or are proposed to be made available to serve the development.
(2)
An unfavorable report shall clearly state the reasons therefor and, if appropriate, point out to the applicant what may be necessary to receive a favorable report.
F.
Application for Planned Residential Development District. Upon receipt of a report from the Planning Board, the Village Board may consider the application for a PRD Planned Residential Development District as it would any other application for amendment to the Zoning Map and may establish a date for and conduct a public hearing for such an amendment as provided by Village Law.
G.
Zoning for PRD Planned Residential Development.
(1)
If the Village Board approves the establishment of a PRD Planned Residential Development District, the Zoning Map shall so be amended. When rezoning land for such use, the Village Board shall establish the maximum number and type of dwelling units therein and may, if it feels it necessary in order to protect the public health, safety and welfare of the community, attach to its zoning resolutions any additional requirements for the applicant to meet. Such requirements may include, but not be limited to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems, availability of sites within the area for needed public services, parks and open spaces and the protection of natural and/or historic sites. Any application for the establishment of a PRD Planned Residential Development District shall be subject to site development plan review as provided in Article III of this chapter. The Planning Board shall approve the final site development plan prior to effectuation of the Zoning Map amendment and the issuance of a building permit by the Code Enforcement Officer. Such site development plan may constitute the entire development or, if staged, only a portion thereof. If the project is to be constructed in stages, only that portion receiving site development plan approval may be effectuated.
(2)
The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to create a presumption that the proposed development would result in a more efficient and desirable development than may be accomplished by the use of conventional zoning categories or that it would ensure compatibility with surrounding development; nor shall such compliance, by itself, be sufficient to require the approval of the development plan or the approval of the zoning amendment to create a PRD Planned Residential Development District. Such rezoning shall be recommended or rejected by the Planning Board on a finding that the proposed action is or is not proper for the comprehensive and systematic development of the Village of Warsaw.