West Carthage City Zoning Code
ARTICLE VI
Specific Requirements
§ 91-25 Specific special permit requirements.
A.
Schools: public, parochial, private.
(1)
Adequate on-site parking and walkways shall be provided to allow buses and private vehicles to discharge and pick up students. Parking for visitors, administrators, and teachers shall be provided.
(2)
Three acres per 500 students shall be provided for recreational purposes.
(3)
Adequate walkways shall be provided to accommodate the entire student populations during fire drills.
(4)
Access for emergency equipment shall be provided.
(5)
Lighting shall be provided in all parking or pedestrian areas. Bus loading areas shall have lighting levels of five footcandles.
B.
Neighborhood grocery stores.
(1)
Neighborhood grocery stores shall be located in residential areas not closer than 1,500 feet to similar such uses.
(2)
Maximum retail floor space for such uses shall not exceed 500 square feet.
(3)
Parking for such facilities shall be limited to not more than 10 spaces nor less than five spaces.
(4)
Gasoline, diesel fuel, or kerosene sales are prohibited in residential areas.
(5)
Trash receptacles shall be properly screened from public view. Outdoor areas shall be kept clean and provide for snow removal and storage.
(6)
Landscaping and screening may be required to reduce impact on the character of the neighborhood.
(7)
Lighting shall be provided to ensure the safety of the patrons, not to disturb the adjacent residential areas.
C.
Churches.
(1)
Adequate off-street parking shall be provided. One space for each four seats shall be the minimum standard.
(2)
Signs shall be permanent. They shall be located near the main entrance and shall not adversely detract from the visual appearance of the structure or neighboring properties.
(3)
Uses of the church for community programs such as day-care centers, fund-raising suppers, games of chance and the like shall be subject to separate approval by the Planning Board.
D.
Individual mobile homes.
(1)
Individual mobile homes shall have a minimum interior area of 600 square feet excluding additions or accessory structures.
(2)
Individual mobile home lots shall have the minimum lot size and width as required in the R-3 District.
(3)
The mobile home shall be placed on a concrete slab six inches thick or enclosed basement roughly the same dimensions as the mobile home with adequate anchors. Skirting of permanent materials shall be provided between the bottom of the mobile home and the ground.
(4)
Parking space shall be provided for two vehicles. The driveway shall be a minimum of 12 feet wide and shall be constructed of 10 inches of compacted gravel.
(5)
Fuel oil tanks shall be placed at the rear of the mobile home not closer than five feet to any exit.
E.
Bars.
(1)
Bars shall not be located within 500 feet of the property line of a church, school, park or playing field.
(2)
Off-street parking shall be provided as follows: one space for every 50 square feet of patron space.
(3)
All solid waste, garbage, bottles, cans, etc., shall be stored within the principal building or within a completely enclosed accessory building or container.
(4)
Screening, fencing, or buffers may be required by the Board to reduce the impact on adjacent uses or structures.
F.
Gasoline stations and commercial garages.
(1)
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree.
(2)
No pump, lubricating or other device shall be located closer to a front or side property line than 20 feet.
(3)
No major repair work shall be conducted outside of the structure. All automobile parts, dismantled vehicles and similar articles shall be stored within the structure.
(4)
Storage of fuel in underground tanks shall conform to appropriate regulations.
(5)
The site shall have frontage of at least 50 feet on any street for each curb cut requested. Curb cuts shall be no more than 40 feet in width and shall not break into the intersection radii.
(6)
No gasoline station or commercial garage shall have a vehicular entrance closer to an entrance to a public school, church, hospital, public park, playground or fire station than 200 feet.
G.
Sales, rental and/or storage operations for motor vehicles, marine uses, recreation vehicles, trailers, mobile homes, manufactured housing and agricultural implements.
(1)
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree.
(2)
Sufficient space shall be provided so as to enable pedestrian inspection of sales units.
(3)
A buffer strip shall be provided and maintained between the street pavement and the display area.
(4)
Lighting shall be provided to ensure safety of pedestrians at night and reasonable illumination of display areas. Lighting shall be provided on posts or standards. Strings of lights shall be prohibited, as shall materials designed to attract attention by reflection, flashing or movement.
(5)
Such operations shall have service facilities for the same equipment and these shall meet the special requirements for automobile service stations and public garages in Subsection F above.
(6)
The lot where the products are displayed and parking spaces on lot shall be constructed of all-weather (e.g., gravel, paved, etc.) materials.
H.
Bed-and-breakfast.
[Added 4-11-2011 by L.L. No. 2-2011]
(1)
The dwelling shall be occupied as a principal residence by its owners during any period of time in which it is also being used and occupied as a bed-and-breakfast.
(2)
There shall be no separate kitchen facilities for the use of registered guests.
(3)
No meal may be served or provided in any manner except breakfast to registered guests.
(4)
No special exception approval shall be issued except after the Village Planning Board's receipt and consideration of written inspection reports from the Jefferson County Fire Prevention and Building Codes Officer, stating that the premises is safe for bed-and-breakfast use, and no such special exception shall be approved except with a condition authorizing continued inspections as need arises by the Jefferson County Fire Prevention and Building Codes Officer.
(5)
Each floor and each guest bedroom shall be equipped with a working smoke alarm and carbon monoxide detector.
(6)
No guest may be registered for more than seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Jefferson County Building Codes Officer or his designee.
(7)
The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes, as well as Sections AJ701.1 to AJ701.4 of the Residential Code of the state for such use.
(8)
The dwelling shall not be altered in a manner that would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations. Applicants shall provide drawings approved by the Jefferson County Building Codes Officer for any proposed interior renovations affecting rooms which are to be rented.
(9)
Outbuildings detached from the principal dwelling shall not be for the purpose of a bed-and-breakfast establishment.
(10)
Parking shall be in a designated area, excluding front yards and terraces. The area is to be constructed of blacktop, concrete, or compacted stone. At least two off-street parking spaces shall be required for the family residing on the premises, in addition to not less than one off-street parking space for each lodging room. Each parking space must be a minimum of nine feet by 18 feet. A parking area constructed of an impervious material that contains greater than eight parking spaces will require a drainage plan.
(11)
No bed-and-breakfast establishment shall be permitted in an individual mobile home or mobile home park.
(12)
The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.
(13)
Such uses shall not be granted if the essential character of a lot or structure within the residential district, in terms of use, traffic generation or appearance, will be changed in the slightest degree by the occurrence of such occupations or activities.
(14)
The Planning Board shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.
(15)
A zoning permit shall be obtained from the Zoning Enforcement Officer. Such permit shall be revoked should the home occupation at any time not meet the above conditions. Further, any permit shall become null and void after one year from the date such permit is granted unless the home occupation has been established and operating within said one-year period.
§ 91-26 Adult entertainment use requirements.
A.
Authority. The Village Board of Trustees of the Village of West Carthage, pursuant to the authority granted by Article 7 of the Village Law and Articles 2 and 3 of Municipal Home Rule Law of the State of New York, hereby enacts as follows.
B.
Statement of purpose and findings. The Village Board of Trustees of the Village of West Carthage has determined adult entertainment businesses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community and that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Village of West Carthage in that adult entertainment businesses often result in influences on the community which increases the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Therefore, the Village Board of Trustees of the Village of West Carthage recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community.
C.
Title. This section shall be known as "adult entertainment use regulations."
D. ADULT BOOKSTORE ADULT ENTERTAINMENT USES GENERALLY ADULT MOTION-PICTURE THEATER BUSINESS DISSEMINATION MASSAGE MASSAGE ESTABLISHMENT MASSAGE TECHNICIAN NET FLOOR AREA SEXUAL ACTIVITIES SPECIFIED ANATOMICAL AREAS
Definitions. For the purpose of this section, the following phrases and words shall have the meanings assigned below, except in those instances when the context clearly indicates a different meaning:
A business, whether retail or wholesale, having more than 10% of its net floor space aside for or 10% of the value of its stock-in-trade recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or specified anatomical areas.
Any business, including but not limited to those specifically enumerated in this section, which has more than 10% of its net floor space set aside for or 10% of the volume of its stock-in-trade devoted to the display, viewing or dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activity or specified anatomical areas, including but not limited to any establishment that allows or promotes dancers, performers or employees, whether male or female, to display specified anatomical areas.
An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or specified anatomical areas for observation by patrons.
Any person, firm, association, partnership, corporation or other entity for profit.
The transfer of possession, custody, control or ownership of, or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or specified anatomical areas.
A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include hospital, nursing home, medical clinic or the office of any health-care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health-care practitioner duly licensed by the State of New York.
That portion of the building devoted to display, whether for viewing or dissemination, of a business's stock-in-trade. This shall not include entry areas, stockrooms, closets, storage area, cash register areas or any area from which the public is excluded or rest rooms whether public or private.
Any set of masturbation, fellatio, sadomasochism, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttock or, if such person be female, breast.
Human male or female genitals, pubic area or buttocks with less than a full opaque covering or female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or covered male genitals in a discernibly turgid state.
E.
Regulations. All adult entertainment uses shall be subject to the following regulations:
(1)
All provisions of this chapter of the Code of the Village of West Carthage applicable to any use located in the Arterial Service District.
(3)
Such uses shall be a minimum of 500 feet from schools, churches, public parks and recreation lands, municipal boundary lines and other adult uses. Measurements of distances shall be from the property lines of the uses, except in the separation from other adult uses, in which case, the distance shall be measured from structure to structure.
(4)
Such uses shall be subject to a special permit issued by the Village Planning Board in accordance with Article V of this chapter, as amended to time to time.
(5)
Such uses shall be subject to site plan review by the Planning Board in accordance with Article V of this chapter, as amended from time to time. In addition, the following specific site plan criteria shall apply to any adult use:
(a)
No exterior sign shall contain any photographic or artistic representation of specified anatomical areas.
(b)
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of way or adjacent property.
(c)
No adult use shall be established in any building of which any part is used for residential purposes.
(d)
No residential use shall be established in any building of which any part is used as an adult use establishment.
(e)
Stairways, sloping or rising paths, building entrances and exits shall be illuminated. Spotlight type fixtures attached to buildings should be avoided.
(f)
Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes.
(g)
Parking.
[1]
One parking space for every 200 square feet of gross floor area devoted to the adult use shall be provided.
[2]
All adult uses shall be provided with off-street parking for all vehicles during typical peak use periods. Off-street parking may be located off site, but must be within 300 feet of the site. If the property on which such parking will be permitted is not owned by the business operating the adult use then evidence, in writing, must be submitted to the Village Planning Board indicating the owner's agreement to allow patrons of the adult use access to such off-site parking facilities.
§ 91-27 Additional criteria for particular site plan review uses.
A.
Multiple-structure housing developments.
(1)
The maximum density shall not exceed 10 dwelling units per gross acre.
(2)
All on-site traffic access roads shall be composed of all-weather materials and shall be built to Village standards. The interior roadways shall enter or exit onto state, county, or local highways only with the permission of those respective Highway Departments. The curb cuts for such entrances shall not be closer than 125 feet to any street intersection. Visibility on interior roadways or at exits and entrances shall not be impeded so as to cause unsafe traffic conditions as determined by the Village Planning Board.
(3)
The interior roadway circulation system shall not be congested and shall allow for two-way flow of traffic. Common pedestrian walks should be used to move people within the development so as to avoid contact with vehicles. When residential development occurs along major streets, the use of a buffer strip and marginal access street shall be employed. There shall be two parking spaces for each dwelling unit. All units shall have ready access to the interior roadways and parking spaces. No interior roadway shall be closer than 20 feet to any building.
(4)
Buildings shall be arranged in relation to each other so that adequate provision for light, air, access and privacy is made. Each dwelling unit shall have a minimum of two exterior exposures; whenever possible, building units should be staggered.
(5)
Within one month of completion of construction, all bare grounds must be seeded. Preservation of existing vegetation should be considered in the initial design; the amount of grading on the site shall be kept to a minimum. Where adjacent land use districts are of a commercial, industrial or business nature, the Board may require that proper screening and buffer zones be required to reduce noise, dust and disturbances.
(6)
Recreational facilities shall be provided for all housing developments. The following standards shall apply:
(7)
Man-made features such as stone walls, fences, etc., shall follow ridges and vales rather than straddle hills perpendicular to contours; areas with poor drainage should be avoided. Drainage shall be constructed to handle the capacity flows at any time.
(8)
Exterior lighting shall be in accordance with standards established by the Planning Board to promote safety in parking areas, interior roadways and on the lot adjacent to the dwellings.
B.
Mobile home parks.
(1)
All on-site traffic access roads shall be composed of all-weather materials and should be built to Village standards. The interior roadways shall enter or exit onto state, county or local highways only with permission of those respective Highway Departments. The curb cuts for such entrances shall not be closer than 125 feet to any street intersection. Visibility on interior roadways or at exits and entrances shall not be impeded so as to cause unsafe traffic conditions.
(2)
The interior roadway circulation system shall not be congested and shall allow for two-way traffic. Common pedestrian walks should be used to move people within the park so as to avoid contact with vehicles. Two parking spaces shall be provided for each trailer space. At least two independent entrances and access roads shall be required to serve any mobile home park having 20 or more mobile homes. All mobile home sites shall face on an be serviced by such internal roads.
(3)
Straight, uniform gridiron road patterns should be avoided unless they can be relieved by mobile home clustering, landscaping and an open space system. Culs-de-sac shall be provided in lieu of closed-end roads with a turnaround having an outside roadway diameter of at least 90 feet.
(4)
In addition to the two parking spaces per mobile home site, one additional off-street parking space shall be provided for each three mobile homes to accommodate guest parking, service or delivery vehicles, boat or camp trailer storage or other parking or storage demands. Such spaces shall be in centrally located parking areas without interfering with traffic circulation on internal roads.
(5)
Recreational areas and open space shall be easily accessible and shall have a total area equal to at least 15% of the gross land area of the park and shall be fully maintained by the park owner.
(6)
Each mobile home park shall be divided and marked off into mobile home sites numbered consecutively, the numbers being conspicuously posted on each lot with such number to correspond to the lot shown on the site plan submitted.
(7)
Each mobile home site shall be 10,000 square feet. In special cases where innovative park designs for mobile home parks of 10 or more mobile homes provide clustering and allow for wide roads or a greater amount of usable recreation area or open space, exceptions may be granted. In no case, however, shall the site area be reduced below 7,500 square feet. Minimum site width shall be 100 feet except where exceptions noted above occur. The minimum site depth shall be 100 feet.
(8)
All mobile homes admitted to the park shall bear a manufacturer's label which certifies, to the best of his belief, that the home is in compliance with all applicable federal construction and safety standards.
(9)
Each mobile home shall be provided with a skirt to screen the space between the mobile home and the ground. The skirt shall be of a permanent fire-resistance material and provide a finished exterior appearance.
(10)
Each mobile home site shall be provided with a concrete stand six inches thick with hold-down anchors at each corner.
(11)
Each mobile home site shall be provided with at least two twenty-gallon metal or plastic garbage cans with tight-fitting covers. It shall be the responsibility of the park owner to ensure that rubbish and garbage shall be collected and properly disposed of outside the mobile home park.
(12)
Fuel oil supply systems.
(13)
Every mobile home shall be provided with not less than a one-hundred-ampere electrical system. All wiring fixtures must have the Insurance Services Organization approval. All electrical distribution lines shall be underground.
(14)
Adequate lighting shall be provided to illuminate streets, driveways, and walkways for safe movement of vehicles and pedestrians at night.
(15)
Service buildings, housing sanitation facilities, and/or laundry shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations, and plumbing and sanitation systems. One lavatory and one flush toilet shall be provided each for males and females for emergency use. They shall be heated, well-ventilated, and have a sound-retardant wall separating male and female facilities.
C.
Drive-in facilities.
(1)
Drive-in facilities shall include but not be limited to gasoline service stations, banks, fast-food establishments and grocery stores. These uses should be so designed as to minimize traffic congestion for traffic entering or leaving the facility, as well as through traffic on the adjacent street or highway.
(2)
Parking spaces should be arranged for ease of parking and shall not interfere with free movement of vehicles and pedestrians entering or exiting the property. Recommended minimum standards for drive-in facilities shall be as follows:
(a)
Drive-in banks: one space per 200 square feet of gross floor area, plus five stacking spaces (of nine feet by 18 feet) per drive-in teller and two exiting spaces.
(b)
Shopping and convenience: one space per 200 square feet of gross floor area for goods, personal services and repair.
(c)
Drive-in restaurants: one space per 50 square feet of gross floor area, plus five stacking spaces per drive-in window and two exit spaces.
(3)
Pedestrian walkways shall be well-defined by raised walks and paving materials. Outdoor sitting areas and other amenities for the pedestrian should be considered.
(4)
Buffer strips shall be provided between the street and parking areas. They shall be landscaped using trees or shrubs native to the northern climate.
(5)
Trash receptacles shall be properly screened from public view. Service areas shall be kept clean and areas should be provided for snow removal and storage.
D.
Shopping centers.
(1)
A proposed shopping center development shall be in accordance with a unified site plan and architectural scheme. A site plan proposed showing the layout of the center, occupancy commitments, parking, drainage, utilities, landscaping, walkways and other similar features shall be provided by the applicant.
(2)
Off-street parking shall be provided as follows:
Shopping Center Site (square feet, gross floor area) | Spaces | |
|---|---|---|
25,000 to 400,000 | 1 per 250 square feet of gross floor area | |
400,000 to 600,000 | 1 per 225 square feet of gross floor area | |
600,000 or more | 1 per 200 square feet of gross floor area |
(4)
Entrances and exits shall be of reinforced concrete where vehicular turning movements are required.
(5)
Adequate lighting shall be provided in parking areas to ensure public safety at night. In parking areas a lighting level of one footcandle shall be provided. At building entrances five footcandles shall be provided.
(6)
Parking spaces for handicapped shall be near building entrances. Curb cuts shall be provided for wheelchairs.
(7)
Where large parking areas are present, landscaping shall be employed to soften the visual impact. Evergreens should be employed as a general rule. Space shall be provided for snow removal.