West Carthage City Zoning Code
ARTICLE IV
Supplemental Uses and Regulations
§ 91-15 Floodplain and Conservation Districts.
In the Floodplain and Conservation Districts, the following shall apply:
A.
Signs. The following sign regulations shall apply:
B.
Fences shall meet the following requirements:
(1)
A building permit is required for the erection of any fence or wall.
(2)
Application for a permit shall include a plan or sketch showing the proposed location, materials to be used, and height.
(3)
No fence located in a floodplain shall be constructed such that it acts as a barrier to the passage of water.
(4)
No fence or wall shall be more than six feet in height in rear or side yards or more than 42 inches in front yards.
(5)
A fence or wall shall be located at least six inches from any adjoining property line and at least three feet from any sidewalk or street line.
(7)
Chain link fences are permitted but must be erected with closed loops at the top.
(8)
Entrances and gates shall not open outward so as to restrict or interfere with sidewalks.
C.
Swimming pools. In-ground swimming pools are prohibited in Floodplain or Conservation Districts. Aboveground swimming pools shall be so anchored or located that they will be unaffected by the one-hundred-year flood. They shall:
(1)
Not be located in a front yard.
(2)
Not be closer than 50 feet to a front lot line, five feet to a side or rear lot line nor 20 feet to any dwelling on an adjoining lot.
(3)
Have a barrier that is at least five feet tall around the entire structure at its lowest point. The barrier shall be constructed of such materials as to prevent unauthorized entrance by children or other individuals.
§ 91-16 Residential Districts.
In Residential Districts, the following shall apply:
A.
Signs. The following sign regulations shall apply:
(1)
No sign shall exceed eight square feet in area, except for church signs, which may be 24 square feet in area.
(2)
Two temporary special event signs shall be permitted. These signs shall advertise events, activities, or other similar instances that will be terminated on a set date. Yard sales, garage sales and similar on-lot sales shall be considered temporary activities and, as such, signs advertising such events shall fall under the requirements of this section. Such signs shall be removed at the end of the event by the sponsor of the event or the person who placed the sign.
(3)
Signs may be placed in required yards, provided that such placement does not interfere with traffic safety.
(4)
No sign shall be placed closer than five feet to a street or lot line.
(5)
Mechanically moving and/or flashing signs shall not be permitted unless required for public safety purposes as identified by a unit of government.
(6)
Floodlights and other external lighting fixtures used in the illumination of signs shall be permitted if located and/or shielded so as not to produce direct glare at neighboring residences and highway traffic.
(7)
Any business, enterprise, institution or other advertising entity that ceases operations shall remove its sign(s) within 90 days of such cessation.
(8)
Only one permanent sign per lot or use may be erected.
B.
Swimming pools may be located within a required side or rear yard. However, swimming pools shall:
(1)
Not be located in a front yard.
C.
Fences shall meet the following requirements:
(1)
A building permit is required for the erection of any fence or wall.
(2)
Application for a permit shall include a plan or sketch showing the proposed location, materials to be used and height.
(3)
No fence or wall shall be more than six feet in height in rear or side yards nor more than 42 inches in front yards.
(4)
A fence or wall shall be located at least six inches from any adjoining property line and at least three feet from any sidewalk or street line.
(5)
No fence or wall shall be located within any public right-of-way.
(7)
Chain link fences are permitted, but must be erected with closed loops at the top.
(8)
Entrances and gates shall not open outward so as to restrict or interfere with sidewalks.
(9)
Shrubbery and hedges utilized for the purpose of a fence/wall, such as to enclose, divide, protect or create a barrier on or to property, shall meet all of the requirements of this section, except that a building permit is not required.
§ 91-17 Business and Arterial Service Districts.
In the Business and Arterial Service Districts, the following shall apply:
A.
Signs. The following sign regulations shall apply:
(1)
Signs which are freestanding, not attached to or part of another structure, shall not exceed 20 feet in height or 24 square feet in area.
(2)
Signs which are part of or attached flush to the surface of another structure shall not exceed the height of the structure or project beyond the roofline of the structure and shall not exceed one square foot in area for each one linear foot of the surface on which the sign is located.
(3)
Signs which are attached to another structure and project out from that structure over the sidewalk are not permitted.
(4)
Mechanically moving and/or flashing signs are not permitted unless required for public safety purposes by a unit of government.
(5)
Floodlights and other external lighting fixtures used in the illumination of signs shall be permitted if located and/or shielded so as not to produce direct glare at neighboring residences and highway traffic.
(6)
Signs may be placed in required yards but shall not be located closer than 10 feet to any street or lot line.
(7)
Any business, enterprise, institution or other advertising entity that ceases operations shall remove its signs within 90 days of such cessation.
(8)
Any nonconforming sign existing in the Central Business District or Arterial Service District at the time of adoption of this chapter shall only be replaced by a sign conforming to the regulations of this chapter.
§ 91-18 Industrial Districts.
In the Industrial Districts, the following shall apply:
A.
Signs. The following sign regulations shall apply:
(1)
Signs which are freestanding, not attached to or part of another structure, shall not exceed 30 feet in height or 50 square feet in area.
(2)
Signs which are part of or attached flush to the surface of another structure shall not exceed the height of the structure or project beyond the roofline of the structure and shall not exceed one square foot in area for each linear foot of the surface on which the sign is located.
(3)
Signs which are attached to another structure and project out from that structure are not permitted.
(4)
Mechanically moving and/or flashing signs are not permitted unless required for safety purposes by a unit of government.
(5)
Floodlights and other external lighting fixtures used in the illumination of signs shall be permitted if located and/or shielded so as not to produce direct glare at neighboring residences and highway traffic.
(6)
Signs may be placed in required yards, but shall not be located closer than 10 feet to any street or lot line.
(7)
Any business, enterprise, institution or other advertising entity that ceases operations shall remove its signs within 90 days of such cessation.
B.
Fences shall meet the following requirements:
(1)
A building permit is required for the erection of any fence or wall.
(2)
Application for a permit shall include a plan or sketch showing the proposed location, materials to be used and height.
(3)
A fence or wall shall be located at least five feet from any street or highway right-of-way and at least five feet from the edge of any parking area. This is to accommodate the storage of snow.
(4)
No fence shall be located within any public right-of-way.
(6)
Chain link fences are permitted, but must be erected with closed loops at the top.
(7)
Entrances and gates shall not open outward so as to restrict or interfere with sidewalks.
C.
Fire and explosion hazards.
(1)
All activities or storage involving flammable and explosive materials shall have adequate safety devises against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices.
(2)
There shall be no storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks except in accordance with state regulations, and all such tanks having capacity of 10,000 gallons or more shall be properly diked with dikes having a capacity on the tank or tanks surrounded.
(3)
All buildings, structures, storage areas and accessory uses used in production, handling, storage, etc., of hazardous materials shall be located at least 300 feet from any street or lot line.
(4)
No hazardous material, waste, by-product, etc., shall be disposed of on site.
(5)
The entire lot on which the operation is conducted shall be enclosed by a fence at least 10 feet high, and all entrances and exits shall be locked, have security personnel available or employ some system which restricts access to the area.
D.
Radioactivity or electrical disturbance. There shall be no activities which emit radioactivity dangerous to health or adversely affect the operation of any equipment.
E.
Smoke. There shall be no emission at any point, from any chimney or otherwise, of visible gray smoke of a shade darker than No. 1 on the Powers-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, or as mandated by the New York State Department of Environmental Conservation, whichever is more strict.
F.
Liquid or solid waste. There shall be no discharge into any stream or into the ground of any materials of such a nature or temperature as can contaminate any watercourse or water supply or can cause any dangerous or unhealthy condition except upon approval of the New York State Department of Health and New York State Department of Environmental Conservation.
G.
Semifireproof construction. All building shall have a minimum of Type 2.2a rating as set forth in Table C 202-2, Minimum Fire-Resistance Requirements of Structural Elements, of the New York State Building Construction Code.
§ 91-19 Regulations applicable in all districts.
In all districts, or specific districts as noted, the following uses and regulations apply:
A.
In the case of a corner lot, both yards fronting on streets shall be considered front yards and must meet the appropriate setbacks.
B.
In determining the yard requirements of a lot, porches, carports or similar attached structures are considered a part of the principal building.
C.
Structures, fences, signs or shrubbery over four feet in height above street level are not permitted to be maintained in a triangular area of any corner lots. This area is formed by lines along both streets to points 40 feet distant from the intersection and then a line connecting these points.
D.
Off-street loading requirements.
(1)
In all districts, in connection with every building or building group or part thereof having a gross floor area of 4,000 square feet or more which is to be occupied by a new manufacturing use similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building off-street loading berths or unloading berths as follows:
Building Area (square feet) | Number of Berths | |
|---|---|---|
4,000 to 25,000 | 1 | |
25,001 to 40,000 | 2 | |
40,001 to 60,000 | 3 | |
Each additional 50,000 | 1 |
(2)
The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height and may occupy all or any part of any required yard. Such space may also be a part of a required parking area.
E.
All streets or roadways that are constructed by private individuals or enterprise and which serve or are intended to serve the public as a public thoroughfare shall meet highway and road standards as established by the Village Board. Such standards include grade, horizontal curves, right-of-way, width of surface, type of surface, line of sight, tangents, shoulders, driveways and drainage.
F.
Uses in all districts shall meet the following off-street parking requirements. The applicant may count adjacent or nearby parking spaces that are not on-lot (or owned by the applicant) to meet the following requirements. These off-lot spaces, however, must be within 300 feet and not already in use during the proposed time of use by the applicant. The owner of such parking spaces must agree to this counting of spaces. All such proposals shall be first approved by the Village Planning Board as meeting the intent of these regulations.
Uses | Required Parking Spaces | |
|---|---|---|
Churches or synagogues | 1 for 3.5 seats | |
Community buildings and social halls, places of public and private assembly | 1 for each 200 square feet of gross floor area, or 1 for each 3.5 seats, whichever is greater | |
Doctor or dentist office | 10 for each office, plus 1 per employee | |
Dwellings and mobile homes | 2 for each dwelling unit | |
Home occupation | Minimum of 3 spaces | |
Industrial operations | 1 for each employee in the maximum working shift | |
Motels, hotels, resorts, boarding- or rooming houses and tourist homes | 1 for each sleeping room or dwelling unit | |
Offices, general | 1 for each 200 square feet of gross floor area on first floor, plus 1 for each 300 square feet of gross floor area on each floor above | |
Restaurants, bars, nightclubs, recreation facilities | 1 for each 50 square feet of patron space | |
Retail stores, store groups, shops, commercial enterprises and business uses | 1 for each 200 square feet of floor space, plus 1 for each employee in maximum working shift | |
Wholesale establishments and warehouses | 1 for each employee in the maximum working shift |
G.
If the required off-street parking involves four or more parking spaces, they shall not be located closer than 10 feet to any lot or street line and shall be constructed of all-weather materials.
H.
Parking spaces shall be a minimum of nine feet wide and 18 feet long, except curbside spaces shall be nine feet by 22 feet long.
I.
The placement or storage of building materials, firewood, debris, litter, etc., in front yards is prohibited unless so authorized by other sections of this chapter or other Village law. Placement or storage of such materials in side or rear yards is permitted.
J.
Home occupation uses shall meet the following requirements:
(1)
Not more than two people outside the immediate family shall be employed at such a use.
(2)
The use shall be incidental or accessory to the principal use of the lot.
(3)
One identification sign is permitted and shall meet the sign requirements for the district in which it is located.
(4)
Off-street parking space requirements, as identified in this article, shall be adhered to.
(5)
No unsafe traffic conditions shall be produced by vehicles at the use, sign placement, etc.
(6)
No objectionable odors, noise, or unsightly conditions shall be encountered by neighboring properties.