Waverly Village City Zoning Code
ARTICLE III
Zoning District Regulations
§ 153-6 Residential District (R).
A.
Permitted uses: one- and two-family dwelling units, excluding manufactured homes.
[Amended 5-22-2012 by L.L. No. 2-2012]
B.
Special permit uses requiring site plan review (see Article XI for area and other requirements):
(1)
Private club.
(2)
Schools.
(3)
Private schools.
(4)
Religious institutions.
(5)
Accessory buildings.
(6)
Home occupation.
(7)
Public utility substation.
(8)
Day-care facility (within single-family structure).
(9)
Elderly apartment (within single-family structure for bona fide blood relation to resident family)
(10)
Mortuary and funeral home.
(11)
Dormitory use (only if an institution of higher learning is located with a radius of 15 miles of the Village).
(12)
Community use.
(13)
Apartment complex.
(14)
Multiple-family residences.
(15)
Golf courses and related facilities.
(16)
Assisted-living facilities.
(17)
Bed-and-breakfast.
(18)
Nursing facility.
C.
All other uses are specifically prohibited from this district.
§ 153-7 Manufactured Home District (MH).
[Amended 5-22-2012 by L.L. No. 2-2012]
A.
Permitted uses: All manufactured homes shall be located in a mobile home district subject to the minimum requirements of Part 7 of the New York State Health Law and site plan review by the Planning Board. All other locations in the Village are hereby prohibited.
B.
Manufactured home parks shall be connected to the public water and sewage systems of the Village, if available, and shall have fire hydrants located per recommendations of the Village Fire Chief.
§ 153-8 Commercial District (C).
A.
Permitted uses:
(1)
Retail stores/business.
(2)
Business offices.
(3)
Personal services.
(4)
Religious institutions.
(5)
Community center.
(6)
Private club.
(7)
Mortuary and funeral home.
(8)
Enclosed accessory use.
(9)
Parking garage.
(10)
Restaurant.
(11)
Hotel/motel.
(12)
Business school.
(13)
Commercial recreation.
(14)
Financial institutions.
B.
Special permit uses requiring site plan review (see Article XI for area and other requirements):
(1)
Drive-in fast food facilities.
(2)
Light industrial.
[Amended 7-22-2014 by L.L. No. 2-2014]
(a)
The following uses are prohibited and are not allowed as light industrial:
[1]
Manufacturing facilities for radioactive products or any other facilities which use radioactive products in their manufacturing process or which produce radioactive products.
[2]
Landfill disposal sites or operations for the disposal of household refuse, commercial and industrial garbage and waste, building and construction debris, medical waste or petroleum-based materials, including used or recycled oil disposal facilities or recycling or disposal of used tires. In addition, landfilling, dumping, injecting or disposal of hazardous material or toxic waste is prohibited.
[3]
Waste material incinerators and construction and demolition debris landfills.
[4]
Microwave, VHF, cellular phone and radar transmission towers.
[5]
All facilities which produce an end product which is a base, intermediate, secondary, primary or finished chemical product.
[6]
Industries using reportable quantities of chemicals under EPCRA (Emergency Planning and Community Right to Know Act).[1]
[1]
Editor's Note: See 42 U.S.C. § 11001 et seq.
[7]
Waste management facilities or chemical process facilities of any kind other than those incidental to light industry, other than storage for less than 90 days of waste generated by such facility on site.
[8]
Waste, construction, recycling or garbage transfer stations.
[9]
Excavation and mining, including removal of topsoil or other subsurface soils for use or sale off premises.
[10]
Any use of a similar nature but not included in this section, upon the finding of the Planning Board that such use is compatible with the same general character as those permitted and will not be detrimental to other uses within the district or to adjoining district uses.
(3)
Shopping mall (enclosed).
(4)
Residential apartments above street level (adjunct to commercial/business facility).
(5)
Other retail commercial uses, upon the finding of the Planning Board that such use is compatible with the same general character as those permitted in the Commercial District and will not be detrimental to other uses within the district or to adjoining district uses.
[Amended 7-22-2014 by L.L. No. 2-2014]
(6)
Service stations (automobiles).
(7)
Car wash.
(8)
Motor vehicle sales.
(9)
Other uses upon the finding of the Planning Board that such use is compatible with the same general character as those permitted and will not be detrimental to other uses within the district or to the adjoining district(s).
§ 153-9 Industrial District (I).
[Amended 3-24-2009 by L.L. No. 1-2009]
A.
Purpose. The purpose of this district is to provide for the establishment of industrial uses essential to the development of a balanced economic base and to regulate its development so it will not be detrimental or hazardous to the surrounding community.
B.
Permitted uses with site plan review.
(1)
Enclosed manufacturing industries.
(2)
Enclosed warehouse or wholesale use.
(3)
Public utility.
(4)
Enclosed service and repair.
(5)
Machinery and transportation equipment, sales, service and repair.
(6)
Enclosed industrial processes and service.
(7)
Freight or trucking terminal.
(8)
Contractor's yard.
(9)
Garage.
(10)
Parking.
(11)
Accessory building use.
(12)
Business offices.
C.
The following uses are permitted after issuance of a special use permit by the Planning Board:
(1)
Aviation landing field, helicopter landing pad.
(2)
Grade improvement.
(3)
Development in flood area.
(4)
Extraction of natural products, including but not limited to drilling for gas or oil.
(5)
Adult entertainment business.
(6)
Telecommunications facilities.
(7)
Sanitary landfill.
(8)
Other industrial uses upon the finding by the Planning Board that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.
§ 153-10 Planned Unit Development District (PUD).
A.
Permitted uses: All uses permitted in the Planned Unit Development District may occur either as residential, commercial or industrial, or any combination of these, in the district as shown by the Zoning Map. In addition, provision is herein provided for the establishment of Planned Unit Development Districts in any other mapped district except in the Residential District (R) as shown on the Zoning Map.
B.
Special permit uses: All Planned Unit Development District uses shall have a site plan review by the Planning Board. In the case of an existing Planned Unit Development District, the Planning Board shall issue a special permit after site plan approval. Wherein a new Planned Unit Development District is proposed, the Planning Board shall issue a report to the Village Board of Trustees whereupon said Board shall hold a public hearing on the proposed project and follow such rules as are proper for a zone change. The Zoning Map shall be accordingly amended.
§ 153-11 Prohibited uses in all districts.
The following uses of land and/or buildings are prohibited:
A.
Junkyards.
B.
Machinery wrecking yards.
C.
Smelters or smelting.
D.
Blast furnaces, except in enclosed areas within the Industrial A District.
E.
Rendering plants.
F.
Hide tanning or curing.
G.
Manufacture or processing of fertilizer, bone, rubber, asphalt, ammonia, chlorine.
H.
Manufacture or refining of petroleum, gas or explosives.
I.
Bulk storage of explosives.
J.
Sanitary landfills.
K.
Unenclosed manufacturing or processing of goods and/or material except in the Industrial District with Planning Board approval and issuance of a special permit where required.
§ 153-12 Flood hazard areas.
Wherein prescribed, any district containing a flood hazard area as shown on the Federal Insurance Rate Map, such area is subject to the further regulations of the Flood Hazard Ordinance as duly adopted by the Village of Waverly.[1]
[1]
Editor's Note: See Ch. 80, Flood Damage Prevention.
§ 153-13 Open Space Zone.
A.
The following types of use are allowed within the Open Space District as a permitted use:
(1)
Parks, public or private, active or passive, including playgrounds, ball fields, trails, educational exhibits, and the like.
(2)
Recreational facilities such as swimming pools and tennis courts.
(3)
Golf courses (public or private) including clubhouses with restaurants, meeting rooms, pro shops, and similar facilities.
(4)
Picnic facilities.
B.
The following uses are allowed by special permit in the Open Space District: cemeteries and mausoleums, public or private.