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Town of St. Johnsville Land Use Law of April 2010
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TOWN
OF ST. JOHNSVILLE
MONTGOMERY COUNTY
NEW YORK STATE
LAND USE LAW
April 2010
Montgomery County, New York
LAND USE LAW
The
attached Land Use Law, including Schedule “A” and Appendix “A” was
adopted by the Town Board of the Town of St. Johnsville on April 8,
2010.
Note to
Land Use Officer/ Code Enforcement Officer
Due to the nature of this document
and the way districts exist in a virtual world as defined by the
written word, an onsite inspection of all proposed uses is warranted
before any permits are issued. Care must be taken to assure that any
new development or proposed use is in keeping with the intent of
this law, as defined in this document, as well as the letter of this
law.
Town of St.Johnsville
Montgomery County, New York
Town Board
2010
Supervisor..........……... Dominick
Stagliano
Councilman.....………... Ronald Hezel
Councilwoman.......…… Susan Handy
Councilman.........….…..William Farber
Councilman.........….…..Ronald Millington
Planning Board
Chairman....….....……...
Dean
Handy
Member..........…….…....
Paul Flanders
Member.........…….…....
Melanie Shuster
Member………………….
Melinda
Sweet
Special
thanks to James McGowen and James King (former planning board
members) for their input in creating this document.
Attorney- Norman Mastromoro Town
Clerk – Lynn Stever
TOWN OF ST. JOHNSVILLE
LAND USE LAW
TABLE OF CONTENTS
Article I.
Title
Section 1. Title
Article II.
Purposes
Section 2. Purposes and Severability
Article III.
Definitions
Section 3. General Section 4. Definitions
Article IV.
Districts and Boundaries
Section 5. Establishment of District Boundaries
Section
6.
Interpretation of District
Boundaries
Article V.
Use Regulations
Section 7. General Regulations
Garage /Lawn Sales Section 8. R- Residential District
Section
9.
A Agricultural District
Section 10.
RR-Rural
Section 11 C- Commercial Section 12. I- Industrial
Section 13.
N-P Natural Products District
Section 14. H Historic
Article VI.
Area and Height Regulations
- Lots, Yards
and Buildings
Section 15. Regulations in Schedule A
Section 16.
Area Regulations
Section 17.
Height Regulations
Article VII.
Site Plan Approval and Special
Permits
Section 18.
Purposes and Authorization
Section 19.
Developments Requiring Site
Plan Approval
Section 20.
Procedure
Section 21. Enforcement
Section 22.
Submission Requirement
Section 23. Standards for Review
Section 24.
Consultant Review
Section 25. Additional Requirements Section 26. Appeals
Section 27.
Special Permits
Article VIII.
Supplementary Regulations
Section 28.
Access to Improved Streets
Section 29.
Lots in Two Districts
Section 30.
Drive In Food Services
Section 31.
Accessory Building : Number,
Height and Location Section 32. Mineral Extraction
Section 33.
Junkyards
Section 34.
Signs
Section 35.
Permanent Building Foundations
Section 36.
Vision Clearance at Intersections
Section 37. Landscaping Requirements
Section 38
Corner and Through Lots
Section 39. Flag Lots Section 40. Environmental Quality Review
Section 41.
Dish Antennae
Section 42.
Exterior Lighting
Section 43.
Mobile Homes
Section 44.
Public Utility and Facilities
Section 45. Swimming Pools Section 45.1 Adult Oriented Businesses
Article IX.
Off-Street Parking and Loading
Section 46.
Automobile Parking Facilities
Section 47. Off-Street Loading Facilities
Article X.
Non-Conforming Uses
Section 48.
Continuation of Non-Conforming
Uses
Section 49. Non-Conforming Uses of Buildings
Section 50.
Non-Conforming Use of Land
Article XI.
Administration
Section 51. Enforcement
Section 52.
Building Permit
Section 53.
Certificate of Occupancy
Section 54.
Violations
Article XII.
Zoning Board of Appeals
Section 55.
Creation, Appointment and
Organization
Section 56. Powers and Duties
Article XIII.
Amendments
Section 57. Amendments, How Initiated
Section 58.
Referral of Amendment to Town
Planning Board
Section 59. Hearing on Proposed Amendment Section 60. Adoption of Amendment Section 61. Protect Petition
Article XIV.
Miscellaneous
Section 62. Periodic Review of Land use law Section 63. Validity Section 64. Interpretation Section 65. When Effective Section 66. Diagrams Section 67. Schedule A - Land Use Chart
Appendix A Telecommunications Tower Siting
And Special use permit
regulations.
TOWN OF St. JOHNSVILLE
MONTGOMERY COUNTY, NEW YORK
A LAW
regulating and restricting the location, construction, alteration
and use of buildings and land in the Town of St. Johnsville,
Montgomery County, New York, pursuant to the Zoning provisions of
ARTICLE 16 of the Town Law of the State of New York.
THE
TOWN OF ST. JOHNSVILLE TOWN BOARD, by virtue of the power and
authority vested in it by law, does hereby ordain and enact as
follows:
ARTICLE I - TITLE
SECTION
1 - This law shall be known and may be cited as “The Town of St.
Johnsville Land Use Law”.
ARTICLE II - PURPOSES & SEPARABILITY
SECTION
2 - This law is enacted for the following purposes:
1.
-To encourage the most appropriate
use of land throughout the
Town;
2.
-To preserve the best agricultural
land for agricultural purposes and protect the towns
agricultural base;
3.
-To provide for planned,
sustainable growth in all
classifications of land use;
4.
-To encourage aesthetically
pleasing residential
development;
5.
-To promote health and general
welfare;
6.
-To prevent overcrowding of land;
7.
-To provide adequate light and
air;
8.
-To avoid undue concentration of
population;
9.
-To secure safety from fire,
flood, panic and other dangers;
10.
-To avoid the pollution of air and
water;
11.
-To insure the gradual elimination
of non-conforming uses;
12.
-To simplify and streamline
the process of applying for
permits,
conforming to regulations, and granting
variances:
While
allowing for individual expression, creativity, and preference.
Severability:
Should any section or provision of
this law or as amended hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the law as a whole or any part thereof other than the
part so declared to be invalid.
ARTICLE III - DEFINITIONS
SECTION
3 - General
For the
purpose of this law certain words or terms used herein shall be
interpreted or defined as follows:
Words used in the present tense shall
include the future.
The singular number includes the
plural, and the plural the singular. The word “person” includes a
corporation as well as an individual.
The word “building” includes the word
“plot” or “parcel”.
The word “used” or “occupied” as
applied to any land or building shall be construed to include the
words “built, arranged or designed to be used or occupied”.
SECTION
4 - Definitions
ACCESSORY BUILDING:
An unattached building subordinate
to the main building on a lot and used for purposes customarily
incidental to those of the main building.
ACCESSORY USE:
A use customary incidental and
subordinate to the principal use or building and located on the same
lot with such principal use or building.
ADULT ORIENTED BUSINESS:
Whenever used in this law, the
words "Adult Oriented Business" or "Adult Oriented Businesses" apply
to the following types of establishments, and any others which
exclude or restrict minors by reason of age:
ADULT BOOKSTORE OR VIDEO STORE:
An establishment having as a
substantial or significant portion of its stock-in-trade books,
magazines, other periodicals, films, slides or video tapes and which
establishment excludes or restricts minors by reason of age.
ADULT ENTERTAINMENT CABARET:
A public or private nightclub,
bar, restaurant, or similar establishment which presents topless or
bottomless dancers, strippers, male or female impersonators, exotic
dancers, or other similar entertainment, and which establishment
excludes or restricts minors by reason of age.
ADULT MOTEL:
A motel which excludes or
restricts minors by reason of age, and which makes available to its
patrons in their rooms films, slide shows or videotapes, which if
presented in a public movie theatre would exclude or restrict minors
by reason of age.
ADULT THEATRE:
A theatre that customarily
presents motion pictures, films, videotapes or slide shows, and that
excludes or restricts minors by reason of age.
MASSAGE ESTABLISHMENT:
Any establishment having a fixed
place of business where massages are administered, including but not
limited to massage parlors, sauna baths and steam baths, and which
excludes or restricts minors by reason of age.
This definition shall not be
construed to include a hospital, nursing home, medical clinic, or
the office of a physician, surgeon, chiropractor, osteopath, or duly
licensed physical therapist or massage therapist, licensed masseuse
or masseur, or barbershops or beauty salons in which massages are
administered only to the scalp, face, neck or shoulders.
This definition shall also exclude
health clubs which have facilities for physical exercise, such as
tennis courts, racquetball courts or exercise rooms, and which do
not receive their primary source of revenue through the
administration of massages.
PEEP SHOW:
A theatre which presents material
in the form of live shows, films or videotapes, viewed from an
individual enclosure, and which excludes or restricts minors by
reason of age.
ALLEY:
A minor way which is used
primarily for vehicular service access to the rear or side of
properties otherwise abutting on a street.
ANIMAL HOSPITAL/VETERINARY CLINIC:
A business that treats animals and
regularly houses them on the premises overnight and for extended
periods for treatment.
APPLICANT:
The legal, real property contract
vendee, or beneficial owner or owners of a lot or of any land
included in the proposed development.
Also, the holder of an option or
contract to purchase, or any other person having enforceable
proprietary interest in such land.
AREA, BUILDING:
The total ground area of a
principal building and accessory buildings, exclusive of uncovered
porches, parapets, steps and terraces.
BASEMENT:
A space of full story height
partly below grade and having at least half of its clear
floor-to-ceiling height above the average grade, and which is not
designed or used primarily for year-round living accommodations.
BED AND BREAKFAST:
An establishment in a private
dwelling that supplies temporary accommodations to overnight guest
for a fee.
Meals may or may not be provided.
Tourist homes and inns are
included here.
BOUNDARY: Perimeter delineation of a property
a. Temporary boundary:
Includes but is not limited to:
1. Fences of all type but stone
walls
2. Hedgerows with immature trees
3. Vegetative differences or crop
delineations
4. Any other readily movable
barrier
BOARDING OR ROOMING HOUSE:
Any
dwelling in which more than three persons, either individually or as
families are housed or lodges, except those engaged in farm work,
for hire with or without meals, and/or any dwelling with ten or less
sleeping rooms in which more than three persons, either individually
or as families, are housed or lodged, except those engaged in farm
work, for hire or otherwise, without separate kitchen facilities,
with or without meals.
If there are more than ten
sleeping rooms, such buildings shall be considered hotels.
BUFFER ZONE:
Open spaces, landscaped areas,
fences, walls, berms or any combination thereof used to physically
separate or screen one use or property from another so as to
visually shield or block noise, lights, or other nuisances.
BUILDING:
Any roofed structure intended for
the shelter, housing or enclosure of persons, animals or property.
When a building is divided into
separate parts extending from the ground up, each part so divided is
deemed a separate building.
BUILDING LINE:
A line established by law, usually
parallel with a property line, beyond which a structure may not
extend.
BUILDING, FLOOR AREA:
The sum of the gross horizontal
area of the several floors of a building and its accessory buildings
on the same lot, including basement areas devoted to residential use
and the area of bays, dormers, roofed porches and roofed terraces.
All dimensions shall be measured
between exterior faces of walls.
CELLAR:
That space of a building which has
more than half of its height, measured from floor to ceiling, below
the average grade.
COMMUNITY PARK OR PLAYGROUND:
Land managed by the public and set
aside for public use which may or may not have developed
recreational facilities, such as playground, tennis courts, horse
and bike trails, baseball fields, picnic areas, swimming pools
and/or lavatories.
DRIVEWAYS AND PASSAGE WAYS:
Private access routes which
directly service a parking area; or serving parking spaces not
directly serving more than two (2) dwelling units, and not providing
a route for through traffic.
Minimum driveway widths shall be
as follows:
PARKING ANGLE
DRIVEWAY WIDTH
No parking
18’
Parallel
20’
45º one-way
20’
60º one-way
20’
90º one-way
24’
DWELLING, ONE-FAMILY:
A detached building, other than a
trailer or other temporary structure designed for exclusive
year-round occupancy by one family only.
DWELLING, TWO-FAMILY:
A detached building, other than a
trailer or other temporary structure, designed for exclusive
year-round occupancy by two families living independently of each
other.
DWELLING, MULTIPLE FAMILY:
A building or group of buildings,
designed for year-round occupancy by more than two families,
including apartment houses and group houses, but excluding hotels
and rooming houses.
DWELLING UNIT:
One or more rooms with provision
for living, sanitary, and sleeping facilities arranged for the use
of one family.
FAMILY:
Any number of persons or
recognized relationships maintaining a common household, including
domestic help.
FARM:
A parcel or tract of land which is
used for growing agricultural products, horticulture products,
raising livestock, raising fruits and/or vegetables or agriculture
production.
For the purposes of Section 9,
paragraph (A) an “agricultural operation” shall not include any farm
having less than $10,000.00 gross sales in the year preceding the
date on which the owner applies for a building permit to erect a
mobile home
as an accessory use.
In addition the occupant of a
mobile home as an accessory use must be a full-time employee of or
partner in the
“agricultural operation” whose
total documented compensation from such employment in agriculture is
not less than $10,000 a year in wages.
FARM PRODUCTS PLANT:
Any operation which starts with a
farm product, including but not limited to vegetables, fruits, milk,
beef, pork, lamb, chicken, eggs, turkey etc. and whose end product
packages that product in a form suitable for retail market
distribution.
This definition includes but is
not limited to dairies, cheese plants, vegetable/fruit canneries,
slaughterhouses etc.
FARM STAND:
The sale of agricultural products
that are produced on the premises.
FRONT:
That part of a parcel of land or
building abutting or facing the Principal Street or road.
In the case of corner lots on two
intersecting streets or road the parcel will be considered to have
two front yards, one side yard and one rear yard at minimum.
GARAGE, PRIVATE:
A roofed space for the storage of
one or more motor vehicles, provided that no business, occupation or
service is conducted for profit therein nor space therein for more
than one car is leased to a non-resident of the premises.
GARAGE, PUBLIC:
A building or part thereof for the
storage, hiring, selling, greasing, washing, servicing, or repair of
motor-driven vehicles, operated for gain.
GASOLINE STATION:
Any area of land, including
structures thereon, that is used or designed to be used for the sale
of gasoline or oil or other motor vehicle fuel and which may include
facilities for lubricating, washing, cleaning, or otherwise
servicing motor vehicles, not including the painting or major repair
thereof.
The term “Gasoline Station” shall
be deemed to include filling station and service station.
GREENSPACE:
Area of land with vegetative
cover.
HISTORIC BUILDING OR SITE:
A building or area which has
historic and special public value because of notable architectural
or other features relating to the cultural, historic, or artistic
heritage of the community.
HOME OCCUPATION:
An occupation or profession which
is customarily carried on in a dwelling unit or in a building or
other structure accessory to a dwelling unit; and is carried on by a
member of the family residing in the dwelling unit; and is clearly
incidental and secondary to the use of the dwelling unit for
residential purposes; and which conforms to the following additional
conditions.
1.
The occupation or profession shall
be carried on wholly within the principal building or within a
building or other structure accessory thereto.
2.
No more
than
three persons outside the
family shall be employed in the home occupation.
3.
There shall be no exterior
display, nor any exterior sign except a business sign, no exterior
storage or materials and no other exterior indication of the home
occupation or variation from the residential character of the
principal building.
The Business Sign shall comply
with Section 34 of this law.
4.
No
excessively offensive
noise, vibration, smoke, dust, odors, heat or glare shall be
produced.
A home occupation includes, but is not
limited to art studio; dress-making; barber shop or beauty parlor;
professional office of physician; dentist, lawyer, engineering,
architect, accountant, small engine / appliance repair, woodworking
, craft establishment,
or
musical instruction limited to a single pupil at a time.
HOSPITAL:
A building or structure for the
diagnosis and medical or surgical care of human aliments.
HOTEL:
Facility offering transient
lodging accommodations to the general public and providing
additional service such as restaurants, meeting rooms and
recreational facilities.
the word “hotel” includes the
words “motel”, “motel court” , “inn”, “tourist court”, or similar
names excluding rooming houses and Bed and Breakfast establishments.
JUNK YARD:
A lot, land or structure, or part
thereof, used for the collecting, storage and sale of waste paper,
rages, scrap metal or discarding material; or for the collecting,
dismantling, storage and salvaging of machinery or vehicles, and for
the sale of the parts thereof; or for the storing or abandonment of
two or more unlicensed or unregistered motor vehicles for 30 days or
more.
KENNEL:
A structure used for the harboring
for hire of four or more dogs or cats, more than six months old.
LAUNDERETTE:
A business premises serviced by
municipal sewerage or a NYSDOH approved system, equipped with
individual clothes washing or cleaning machines for use by retail
customers, exclusive of laundry facilities provided in an apartment,
fraternity, sorority, residential hotel or club.
LIGHT ASSEMBLY PLANT:
A use engaged in the creation,
predominately from previously prepared materials, of finished
products or part, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution of
such products, but excluding basic industrial processing.
LIVING AREA:
The sum of the gross horizontal
area of the several floors of a building, including areas below
grade devoted to residential use.
All dimensions shall be measured
between exterior faces of walls.
LOADING SPACE:
A paved area designed for the
parking, loading and unloading of delivery vehicles.
LOT:
A parcel of land considered as a
unit, occupied or capable of being occupied by a building or use and
accessory buildings or uses, or by a group of buildings united by a
common use or interest; and including such open spaces as are
required by this law, and having its principal frontage on a public
street or an officially approved place.
LOT AREA:
The total horizontal area included
within lot lines.
no part of the area within a
public right-of-way may be included in the computation of lot area.
LOT, CORNER:
A lot located at the intersection
of and fronting on two or more intersecting streets, and having an
interior angle at the corner of intersection of less than 135
degrees.
LOT, COVERAGE:
That portion of the lot that is
covered by buildings.
LOT, INTERIOR:
A lot other than a corner lot.
LOT, THROUGH:
A lot having frontage on two
approximately parallel, or converging streets other than a corner
lot.
LOT, DEPTH:
The mean horizontal distance
between the front and rear lot lines, measured in the general
direction of the side lot lines.
LOT, WIDTH:
The distance between side lot
lines measured parallel to the front lot line at a distance from the
front lot line equal to the front yard specified for the district,
except as noted in Section 16.
MINERAL:
any naturally formed, usually
inorganic, solid material located on or below the surface of the
earth.
For the purposes of this law, peat
and topsoil shall be considered minerals.
MINING:
the extraction of overburden and
minerals from the earth;
the preparation and processing of
minerals, including any activities or processes or parts thereof for
the extraction or removal of minerals from their original location
and the preparation, washing, cleaning, crushing, stockpiling or
other processing of minerals at the mine location so as to make them
suitable for commercial, industrial, or construction use;
exclusive of manufacturing
processes, at the mine location;
the removal of such materials
through sale or exchange, or for commercial, industrial or municipal
use;
and the disposition of overburden,
tailings and waste at the mine location.
“Mining”
shall not
include the excavation, removal and disposition of minerals from
construction products, exclusive of the creation of water bodies, or
excavations in aid of agricultural activities.
MINOR:
A person less than seventeen (17)
years of age.
MOBILE HOME:
A movable single dwelling unit
equipped with a chassis designed for and providing housekeeping
facilities for year-round occupancy including plumbing, heating,
electrical, cooking and refrigeration systems and equipment.
MOBILE HOME PARK:
A parcel of land which has been
planned and improved for the placement of two or more mobile homes
for non-transient use.
MODULAR HOME:
A prefabricated dwelling unit
capable of being delivered to a site in several sections and is
indistinguishable in appearance from conventionally built homes.
NAMEPLATE:
A plaque or sign for non business
purposes bearing the name of the owner of the residence and no
larger than eight (8) square feet.
NON-CONFORMING USE:
A structure or land lawfully
occupied by a use that does not conform to the regulations of the
district in which it is located.
NURSING OR CONVALESCENT HOME OR HOME FOR
THE AGED:
A building used for the
accommodation and care of persons with, or recuperating from,
illness or incapacity, where nursing services are furnished, or for
the accommodation and care of persons of advanced age.
OPEN SPACE:
Any parcel or area of land or
water essentially unimproved by buildings.
PARCEL:
A contiguous plot of ground owned by one individual, two or more
individuals in common, or corporation not necessarily on one deed or
with one tax number.
PARKING SPACE:
The area required for parking one
automobile which in this law is held to be an area at least nine
feet wide and 20 feet long, exclusive of passageways and driveways
thereto.
PERMANENT FOUNDATION:
Concrete or stone walls which
support the bottom floor and exterior walls of a building and
extending below the ground deeper than the average annual frost
level, or a reinforced concrete base below the bottom floor of a
building of sufficient thickness and having a suitable subway to
resist shifting and heaving from changes in temperature and moisture
conditions in the ground beneath the building.
PERSONAL SERVICE SHOPS:
Establishments providing services
or entertainment, as opposed to products, to the general public
including, but not limited to:
cleaning and garment services,
beauty shops, photography shops, shoe repair, barber shops, funeral
services, clothing rental, reduction salons and tanning parlors.
PERSONAL
WIRELESS SERVICES:
shall mean any person, firm, corporation, or governmental agency,
duly licensed/authorized to furnish the public, under governmental
regulation, commercial mobile services, wireless telecommunication
services, and common carrier wireless exchange access services,
including cellular radiotelephone, specialized mobile radio system
and personal communication services, which are regulated by the
Federal Communications Commissions in accordance with the
Communication Act of 1934 (47U.S.C. Sections 151-613 (1988) as it
may hereinafter be amended from time to time.
PERSONAL WIRELESS SERVICE FACILITY:
Is a facility for the provision of
Personal Wireless Services.
A Personal Wireless Service
Facility includes an Antenna, Equipment Mounting Structure, and
accessory buildings and equipment.
For purposes of this Land use law,
a Personal Wireless Service Facility shall not be included within
the definition of a "Public Utility Facility" as specified in this
Land use law.
PROFESSIONAL OFFICE:
Offices for a person or persons
whose vocation or occupation requires advanced training in a liberal
art or science and whose service usually involves non-manual work.
PUBLIC BUILDING:
Any town, county, state or
federally owned building(s) or land including but not limited to:
town halls and highway department
garages.
PUBLIC UTILITY:
Shall mean any person, firm,
corporation or governmental agency, duly authorized to furnish the
public, under governmental regulation electricity, gas, water sewage
treatment, steam, cable television, or related communication
service.
This definition shall not bestow
any special status or standing not already provided by State or
Federal Law.
PUBLIC UTILITY FACILITY:
A facility other than a Personal
Wireless Service Facility for the provision of public utility
services, including facilities constructed, altered or maintained by
utility corporations, either public or privately owned, or
governmental agencies, necessary for the provision of electricity,
gas, steam, heat,
communication, water, sewage collection,
or such service to the general public.
Such facilities shall include
poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms
and call boxes and other similar equipment, but shall not include
office or administrative buildings.
RESIDENCE:
A structure or portion thereof
used as a dwelling unit.
RESTAURANT:
A building or portion of a
building wherein food and beverages are available for on-site or
off-site consumption.
RETAIL FARM MARKET:
The sale of agricultural products
either produced on or off the premises.
RETAIL STORE:
Any building or permanent
structure or portion thereof in which one or more services or one or
more articles of merchandise are sold at retail including department
stores.
SHED:
An
accessory building which is no larger than
240 sq ft.
SIGN:
Any devise affixed to or painted
or represented directly or indirectly upon a building, structure or
land and which directs attention to an object, product, place,
activity, person, institution, organization or business, but not
including any flag, badge or insignia of any government or
government agency, school, or religious group or of any civic,
charitable, religious, patriotic, fraternal or similar organization,
nor any official traffic control devise.
Each display surface shall be
considered to be a “sign”.
SIGN, ADVERTISING:
A sign which directs attention to
a business, commodity, service or entertainment sold or offered
elsewhere than upon the premises where such sign is located, or to
which it is affixed, only incidentally on the premises, it at all.
SIGN, BUSINESS:
A sign which directs attention to
a business or profession conducted, or a commodity, service, or
entertainment sold or offered upon the premises where such sign is
located, or to which it is affixed.
A
“For Sale”
or “For Let” sign relating to the
lot on which it is displayed shall be deemed to be a business sign.
SIGN, FLASHING:
A “flashing sign” is any
illuminated sign on which the artificial light is not maintained
stationary or constant in intensity and color when such sign is in
use.
For the purpose of this law any
revolving, illuminated sign shall be considered a “flashing sign”.
SITE PLAN:
A plan of a lot or subdivision on
which is shown topography, location of all buildings, structures,
roads, right of way, boundaries, all essential dimensions and
bearings and any other information deemed necessary by the Planning
Board.
SITE PLAN REVIEW:
A review and approval process,
conducted by the Planning Board, whereby site plans are reviewed
utilizing criteria stated in the law and as authorized by Town Law.
SPECIAL PERMITTED USE:
A use or property that is
basically appropriate to a given zoning district, but which may be
incompatible in some locations within the district and therefore is
not permitted by right everywhere within such districts.
A special permitted use,
therefore, is one which is allowable only when facts and conditions
specified in the law as those upon which the use is permitted are
found to exist.
STABLE, PRIVATE:
A principal or accessory building
in which horses are kept for private use and not for hire or sale.
STABLE, PUBLIC:
A principal or accessory building
in which horses are kept for remuneration, hire or sale.
STORY:
That portion of a building
included between the surface of any floor and the surface of the
floor next above it, or it there be no floor above it, then the
space between any floor and the ceiling next above it.
STORY, HALF:
That part of a building between a
pitched roof and the uppermost full story, and having a floor area
at least half as large as the floor below.
Space with less than five feet
clear headroom shall not be considered as floor area.
STREET:
A public way which affords the
principal means of access to abutting property.
STRUCTURE:
Any building or other
construction, with or without a roof, which requires location on the
ground or attachment to something having location on the ground.
STRUCTURAL ALTERATION:
Any change in the supporting
members of a building.
SUBDIVISION:
The word "subdivision" shall mean any tract of land which is divided
into two or more parcels, after the effective date of this act,
along an existing or proposed street, highway, easement or
right-of-way for sale or for rent as residential lots ,residential
building plots, business, commercial or industrial lots or building
plots, regardless of whether the lots or plots to be sold or offered
for sale, or leased for any period of time, are described by metes
and bounds or by reference to a map or survey of the property or by
any other method of description and regardless of whether the lots
or plots are contiguous. A tract of land shall constitute a
subdivision upon the sale, rental or offer for sale or lease of the
third residential lot or residential building plot.
Determinating factors and
subsequent laws, rules and guidelines for Major and Minor
subdivision designations are contained in the Town of St. Johnsville
Subdivision Law.
THEATER, OUTDOOR:
An open lot or part thereof, with
it appurtenant structures and facilities, devoted primarily to the
showing of motion pictures or theatrical production on a paid
admission basis.
TOURIST HOME:
A dwelling where transient guests
are lodged for hire.
TOWN HOUSE:
One of several units in a building
designed for and occupied exclusively as a residence for not more
than one family living independently of any other family, separated
from other units by a party wall or walls, and erected on a lot
intended to be held in the form a condominium or in a single and
separate ownership from any adjoining units.
TRAILER:
A mobile unit designed for
camping, recreational travel, or vacation use which is equipped with
a chassis and provides partial housekeeping facilities such as
plumbing, heating, electrical, cooking or refrigeration systems or
equipment.
TRAILER CAMP:
An area occupied or designed for
occupancy by two or more trailers.
TRUCK TERMINAL:
A building or area in which
freight brought by truck is assembled and/or stored for routing or
reshipment, or in which semi-trailers, including tractor and/or
trailer units and other trucks are parked or stored.
VARIANCE:
Permission to depart from the
literal requirements of the land use law.
VARIANCE, AREA:
A departure from the area setback,
frontage, coverage, size or other requirements of the applicable
zoning district =, or a departure from any provision of this law
except use.
VARIANCE, USE:
A variance granted for a use or
structure that is not permitted in the zoning district.
WHOLESALE STORAGE OR WAREHOUSE:
A building or buildings used as a
wholesale distribution center.
YARD, FRONT:
An open unoccupied and
unobstructed space on the same lot with a main building, extending
the full width of the lot and
situated between the front property line and the front line of the
main building projected to the side lines of the lot.
YARD, REAR:
A space on the same lot with a
main building, open and unoccupied except for accessory buildings,
extending the full width of the lot and situated between the rear
line of the main building projected to the side lines of the lot and
the rear line of the lot.
YARD, SIDE:
An open unoccupied space on the
same lot with a main building, situated between the side line of the
main building and the adjacent side line of the lot extending from
the front yard to the rear yard.
Any lot line not a front line or
rear line shall be deemed a side line.
ARTICLE IV - DISTRICTS AND BOUNDARIES
SECTION
5 - Establishment of Districts
For the
purpose of this law, the Town of St. Johnsville is divided into the
following types of classes of districts:
R
Residential
A
Agricultural
C
Commercial
I
Industrial
RR
Rural
Said districts are bounded and defined as described in this document
and exist on a virtual map if not on a literal map. The virtual map
as defined by the written word in this document takes precedent over
any literal map. A literal map may be constructed to help represent
in a visual format what exists on the virtual map but care must be
taken to accurately depict what is actually developing on the ground
as the virtual map district boundaries can change by definition as
development occurs. If a literal map is constructed said map must be
updated regularly to properly reflect any such change. An adequate
and thorough on site investigation by the CEO/LUO must be undertaken
prior to the issuance of permits in order to assure that development
is in keeping with the virtual map.
SECTION 6 - Interpretation of District
Boundaries
Where uncertainty exists with respect to the boundaries of any of
the aforesaid districts as shown on the zoning map, the following
rules shall apply:
1. The written word and
the virtual map so created by said word take precedent in boundary
determination.
2. Precedence of
hierarchy of districts as defined is as follows:
a.
Historical Overlay
b.
Industrial
c.
Commercial
d.
Agricultural
e.
Residential
f.
Rural
3. Where the boundary of
a district follows a railroad line, such boundary shall be deemed to
be located midway between the main tracks of said railroad line.
4. Where the boundary of
a district follows a stream or other body of water, said boundary
line shall be deemed to be the center line of such stream or body of
water unless otherwise indicated.
5. All district boundaries unless otherwise defined will be
construed to follow property lines comprising said district.
ARTICLE V - USE REGULATIONS
The principal permitted uses of each
zoning district are permitted as of right.
All special permitted uses require
both special permit review and site plan review.
Uses not listed for a specific
zoning district are prohibited from that district and would
therefore require a use variance.
SECTION
7 - General Regulations
A. Appearance – All
classifications of use are subject to general appearance standards.
General appearance standards criteria includes but is not limited to
the following:
1. Excessive exposed miscellaneous
items including but
not limited to:
a. Used building materials
b. Old Tires
c. Used appliances
d. Junk vehicles or machinery
e. Used household items
f. Etc
2. Properly maintained grounds
including but not limited
to:
a.
Lawn Mowing
b.
Building upkeep
c.
Vegetation maintenance
d. Run off control
e. Etc
B. Garage/ lawn sales etc:
a.
No “perpetual” garage/lawn sales
b.
7 day maximum in length
c.
All items offered for sale must be removed at end
of 7 days. Simply covering
items does not comply.
c.
No more than two sales per year per location
INTENT:
Primary use of this district is
residential.
The quality of the living
experience in this district should always be paramount in all
decisions rendered as to variances and special use permits. However,
it may be necessary at times to issue variances and special use
permits as to enhance the quality of life for individuals living
within this district or to address unforeseeable
situations for a particular
parcel. This may especially be germane to areas where two districts
meet. Care should be taken to address each special situation
carefully with respect for landowner’s individual rights.
A residential district
will be construed to exist in any area of the town where housing
density exceeds 10 houses per 1000 ft of lineal road frontage (both
sides of road count) or 1 house per contiguous acre in densities of
5 houses or more. If planned project creates a situation where
either of the above scenarios will be met, all residential criteria
must be fulfilled for project to be approved. In the
Residential District no building or premises shall be used and no
building shall be erected or altered except for one or more of the
following uses:
(A)
Principal Permitted Uses:
1.
One Family Dwelling
2.
Two Family Dwelling
3.
Accessory Use and Building
4.
Home Occupation
5.
Community Park or Playground
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Multi Family Dwellings
2.
Nursing, Convalescent or Home for
the Aged
3.
Church
4.
Parish House, Convent
5.
Townhouses
6.
Bed and Breakfast Establishment
7.
Public Building
8.
Golf Course or Country Club
10.
Farm and Accessory Use or Building
SECTION
9 - A-Agricultural District
INTENT:
Primary use of
this district is agricultural. Given the economic and intrinsic
value of high quality agricultural land, and the community’s desire
to protect it for agricultural use, development potential within
this district is and should be extremely limited.
The quality of the living experience and the ability of the
farmers actively involved in production agriculture to employ
methods and technologies deemed necessary to enhance yield and or
profitability should
always be paramount in all decisions rendered as to variances and
special use permits. The farmers’ right to farm takes precedent in
this district. However, it may be necessary at times to issue
variances and special use permits as to enhance the quality of life
for individuals living within this district or address unforeseeable
situations for a particular parcel. This may especially be germane
to areas where two districts meet. Care should be taken to address
each special situation carefully with respect for landowner’s
individual rights.
All Class I and Class II
soils (as defined by USDA Soil Conservation Service) within the town
of St. Johnsville will be considered as A-Agricultural District
unless proven otherwise by on site inspection . All land currently
being actively farmed (within the last 5 yrs) will also be
considered A- Agricultural District.
Actively farmed is construed to mean capable of or currently
growing any agricultural crop including but not limited to corn,
hay, soybeans , small grains, vegetables, etc. Woodland and
non-tillable pasture is not included in this definition. Parcels
with distinct, existent, non temporary boundaries and an area of
less than 3 acres are also exempt from this definition.
In the A Agricultural
District no building or premises shall be used and no building shall
be erected or altered except for one of more of the following uses:
:
(A)
Principal Permitted Uses:
1.
Farm and Accessory Buildings and
Uses
2.
Farmer owned secondary businesses
including but not
limited to:
a. Seed sales
b. Fertilizer /Chemical
Sales
(Not Manufacture of)
c. Farm Equipment repair / Welding
d. Roadside Produce Stands
e. Sawmill (portable only)
f. Boarding Stables
g. Bio Fuel Production (for own
use)
h. Grain or hay storage facility
3.
Accessory use and building
4.
Mobile home as part of a farm
operation
5.
Nursery/Horticulture
(tree farms or timber excluded)
6.
Home Occupation
7.
One family dwelling (subject to
site plan review)
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Commercial Recreation
2.
Bed and Breakfast Establishment
3.
Personal Wireless Service Facility
4.
Public Utility Facility
5.
Farm Products Plant
6.
Radio, TV Transmitter or Receiving
Tower w/ building
7.
Radio, TV Transmitter or Receiving
Tower w/o building
8.
Commercial wind power generation
towers
9.
Tree farms or timber
10.
Commercial Sawmill
All construction or other land use in
this district shall absolutely minimize the impact or removal of
acreage from active agricultural production. Cause must be given as
to any excessive removal of, or blatant disregard for preserving
intact, agricultural land suitable for agricultural production.
Failure to do so will result in a denial of permit. (See section 66
diagram 1) (page 73)
SECTION
10 - RR-Rural
INTENT:
Primary use
of this district is mixed agricultural/residential. Due to the
nature of the land itself this district does not lend itself well to
intensive agricultural practices yet is valuable in its own right
for esthetic, environmental, and recreational activities.
The quality of the living experience in rural districts can
be enhanced by the ability of the land owner to own a larger piece
of real estate to use for a variety of uses. However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of life for individuals living within this
district or address unforeseeable situations for a particular
parcel. This may especially be germane to areas where two districts
meet. Care should be taken to address each special situation
carefully with respect for landowner’s individual rights.
All land Class III and
below (as defined by USDA Soil Conservation Service) will be
considered RR-Rural unless currently actively being farmed. Actively
farmed is construed to mean capable of or currently growing any
agricultural crop including but not limited to corn, hay, soybeans ,
small grains, vegetables, etc. Woodland and non-tillable pasture is
included in the RR- Rural definition.
In the RR - Rural district
no building or premises shall be used and no building shall be
erected or altered except for one of more of the following uses:
(A)
Principal Permitted Uses:
1.
Farm and Accessory Buildings and
Uses
2.
Farmer owned secondary businesses
including but not limited to:
a. Seed sales
b. Fertilizer /Chemical
Sales
(Not Manufacture of)
c. Equipment Sales
d. Farm Equipment repair / Welding
e. Roadside Produce Stands
f. Sawmill
g. Boarding Stables
h. Bio Fuel Production ( for own
use)
3.
One family Dwelling
4.
Accessory use and building
5.
Mobile home as part of a farm
operation
6.
Nursery/Horticulture
7.
Home Occupation
8.
Hobby Farm
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Commercial Recreation
2.
Bed and Breakfast Establishment
3.
Golf Course or Country Club
4.
Personal Wireless Service Facility
5.
Public Utility Facility
6.
Farm Products Plant
7.
Radio, TV Transmitter or Receiving
Tower w/ building
8.
Radio, TV Transmitter or Receiving
Tower w/o building
SECTION 11
C-
Commercial District
INTENT:
Primary
use of this district is commercial.
The commercial enterprises’ right to conduct business
according to generally accepted business practices takes precedent
in this district. However, it may be necessary at times to issue
variances and special use permits as to enhance the quality of, or
provide access to, certain businesses necessary or advantageous to
the community as a whole. or address unforeseeable situations for a
particular parcel. This may especially be germane to areas where two
districts meet. Care should be taken to address each special
situation carefully with respect for landowner’s individual rights.
The commercial district
will consist primarily of the Route 5 corridor. A span of 1000 ft
north of RT 5, and 1000 ft south of RT 5 or to the edge of the CSX
rail property whichever is shorter will comprise the Commercial
district.
In the C-1 Commercial
District no building or premises shall be used and no building shall
be erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Retail Store
2.
Personal
Service Shop
3.
Custom Work Shop
4.
Funeral Home
5.
Fire Station or Municipal Building
6.
Radio, Television or Household
Appliance Sales or Service
7.
Carwash
8.
Antique Shop
9.
Animal/Veterinary Hospital
10.
Feed, Lumber, Seed or Fertilizer
Building
11.
Retail Bakery
12.
Laundry or Dry Cleaning Plant
13.
Cabinet, Electrical, Heating,
Plumbing or Air Conditioner
14.
One Family Dwelling
15.
Community Park or Playground
16.
Accessory Use or Building
17.
Historic Building or Site
18.
Home Occupation
19.
Farm and Accessory Use or Building
20.
Hardware
21.
Professional Office, Studio
22.
Bank
23.
Restaurant
24.
Hotel
25.
Public Garage
26.
Public Utility Facility
27.
Automobile, Boat, Farm Implement Sales or Rental
28.
Historic Building or Site
29.
Professional Offices
30.
Self Storage Facility
(B)
Uses Permitted (but not limited
to) as a Special Permit by the Planning Board:
1.
Gasoline Station
2.
Fuel Sales and Storage
3.
Indoor Storage of non-liquid,
non-gaseous fuel
4.
Bowling Alley
5.
Multi Family Dwelling
6.
Two Family Dwelling
6.
Adult
Oriented Business / Theatre
7.
Tavern
8.
Gaming
Establishment
10.
Community Park or Playground
11.
Wholesale Storage/Warehouse
12.
Light Assembly Plant
13.
Manufacture of Electronic Devices
or Instruments
14.
Printing or Publishing Plant
15.
Tool, die, pattern, machine shop
16.
Manufacture or processing of dairy
or food products
17.
Research & Development Center
18.
Cold Storage Plant
SECTION 12 - - I-Industrial
The Industrial District
will consist of all land west of Bridge Street situated between the
CSX Rail line and the Mohawk River. We are aware that this area
contains some very valuable agricultural land. However, in keeping
with the highest and best use principal, this land would better
serve the community as an industrial district with the following
conditions:
1. Must create significant
employment opportunities.
2. Must minimize acreage used for
project. Just cause must be given for land taken out of agricultural
production. All remaining land not used in project should be made
available for agricultural use.
INTENT:
Primary use of this district is industrial.
The industrial enterprises’ right to conduct business
according to generally accepted business practices takes precedent
in this district. However, given the proximity to the river front
this does not allow for careless disregard of issues pertaining to,
but not limited to, environmental, esthetic, traffic, and strain on
existing infrastructure. All care must be taken to assure that any
facilities planned for this district create significant employment
opportunities and are as aesthetically pleasing as possible.
However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of, or provide access to, certain industries
necessary or advantageous to the community as a whole, or address
unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
In the Industrial District
no building or premises shall be used and no building shall be
erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Wholesale Storage or Warehouse
2.
Light Assembly Plant
3.
Manufacturing or assembly of
electronic devises or instruments
4.
Printing or publishing plant
5.
Tool, die, pattern or machine shop
6.
Manufacture or processing dairy or
other food products
7.
Distribution Center
8.
Research and development center
9.
Transportation services, including
automobile and truck rentals
and public garages
10.
Cold Storage Plant
11.
Farm and accessory use or building
12.
Customary accessory use or
building
13.
Manufacturing or processing of
dairy or other food products
14.
Bio fuel Facility
(B)
Uses Permitted as Special Permit
by the Planning Board:
1.
Manufacture of textile products or
leather goods
2.
Manufacture or fabrication of
metal, concrete, stone, plastic paint,
fiber or wood products
3.
Truck Terminal
4.
Bulk Storage of inflammable
liquids
5.
Public Utility Facility
6.
Marina
7.
Campground
8.
Residences of any kind
9.
Recreational
Facilities
SECTION
13 - N-P-Natural Products
INTENT:
Due to certain inherent characteristics of Natural Product
type industries creation of a district or overlay is not feasible.
However this does not
mean they are unregulated . Neither does it
allow for careless
disregard of issues pertaining to, but not limited to,
environmental, esthetic, traffic, and strain on existing
infrastructure. Given the nature of these businesses to greatly
alter large tracts of land, and to substantially affect the
surrounding area, great care and extreme diligence must be used in
granting any permits for new enterprises of this type. However, it
may be necessary at times to issue variances and special use permits
as to enhance the quality of, or provide access to, certain
industries necessary or advantageous to the community as a whole, or
address unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
All current and future N-P
facilities are therefore subject to all applicable rules and laws.
Any facility should at a minimum meet the following criteria:
a.
Not
utilize Class I or Class II soils
b.
Minimize impact on any surrounding districts especially residential.
c.
Demonstrate long term positive impact on town
d.
Not
be in a residential district or Historic overlay
All
activity in this industry is allowed only by special use permit and
Site plan review.
(A)
Special permit :
1.
Earth, sand, gravel or mineral
excavation
2.
Bituminous concrete mixing plant
3.
Ready-mix concrete plant
4.
Concrete products manufacture,
including blocks, staves, pipe
beams and structure, and
construction equipment
5.
Agricultural lime manufacture
6.
Inorganic fertilizer manufacture
7.
Accessory use or building
8.
Farm
and accessory building
9.
Rock quarry operation
SECTION
14 - H-Historic Overlay
INTENT:
In order to preserve our
heritage and provide for a unique educational experience a
historical overlay was formed. The Historic Overlay encompasses all
land situate between Rt 5 and the CSX railroad starting with all
property of the Nellis Tavern Parcel and continues east to the town
line. North of Rt 5 the historic overlay starts at the Easterly
boundary of La Coppola Building Supplies and extends east to the
town line a depth of 1000 Ft. All
structures and enterprises allowed for in this area should be “in
keeping” with the historical genre of the area. However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of, or provide access to, certain businesses
necessary or advantageous to the historical district as a whole, or
address unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
A Historic overlay
takes precedent over underlying districts.
In any H Historic Overlay
no building or premises shall be used and no building shall be
erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Historic building or site
2.
One family Dwelling
3.
Community Park or Playground
4.
Bed and Breakfast Establishment
5.
Farm and Accessory use or building
6.
Accessory uses or building
7.
Museum
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Antique Store
2.
General Store
3.
Gift Shop
4.
Retail Shop
5.
Restaurant
6.
Professional Office, Studio
7.
Home Occupation
ARTICLE VI - AREA AND HEIGHT REGULATIONS
LOTS, YARD AND BUILDINGS
SECTION
15 -Regulations in Schedule A
Regulations governing lot area and lot
width; front, side and rear yards; building coverage and building
height are specified in Schedule A and in the additional regulations
of Article VI, and supplementary regulations of Article VII.
Schedule A accompanies, and is
hereby made a part of this law.
SECTION
15 - Area Regulations
1.
Lots of Less Than required
Dimensions
(a)
Any lot with an area or a width
less than that required in the district in which said lot is located
may be used for any permitted principal use in the district,
provided that all other regulations prescribed for the district
shall be complied with, and further provided that said lot was held
under separate ownership at the time of the adoption of this law and
the owner thereof owned no adjoining land that could be combined
with said lot to meet the dimension requirements.
6.
In the event that compliance with the yard and coverage requirements
of the district would result in a residential structure of less
width than 24 feet, the Board of Appeals shall determine and fix
yard and coverage requirements for said lot to permit its reasonable
utilization for a permitted use.
2.
Reduction of Lot Area
The
minimum yards and open spaces, including lot area per family,
requiring by this law shall not be encroached upon or considered as
yard or open space requirements for any other building, no shall any
lot be reduced below the district requirements or this law.
3.
Corner Lots
On a corner lot in any district
where a front yard is required, a yard shall be provided on each
street equal in depth to the required front yard on each such
street.
One rear yard shall be provided on
each corner lot and the owner shall designate the rear yard on his
application for a permit.
The Board of Appeals shall
determine the yards and building width of a corner lot facing an
intersecting street, and of record at the time of the passage of
this law, if the yard requirements would result in a residential
structure less than twenty-four (24) feet wide.
4.
Visibility at Street Corners
On a corner lot in any district
where a front yard is required, no fence, hedge, wall or other
structure or planting more than three feet in height shall be
erected, placed or maintained so as to obstruct visibility of
vehicular traffic within the triangular area formed by the
intersecting street right-of-way lines and a straight line joining
said lines at points 20 feet distant from the point of intersection,
measured along said lines.
Intersections with county or state
road shall be in accordance with corresponding transportation
department regulations and restrictions imposed by this law.
5.
Front Yard Exceptions
The minimum front yard of all
principal buildings and structures hereafter constructed within a
Residential District shall conform with Schedule A; and in addition
shall be not less than the average front yard of all principal
buildings in the block for a distance of 300 feet on each side of
such building.
A vacant lot within the 300 foot
distance shall be considered as having the minimum front yard
required in the district for the purpose of computing such average
front yard.
6.
Transition Yard Requirements
(a)
Where two districts abut on the
same street between two intersecting streets, and the front yard
requirements of one district are less than those of the other
district, there shall be provided for buildings hereafter
constructed or structurally altered within a distance of 50 feet
from the district boundary line in the less restricted district a
front yard equal in depth to the average of the required depth in
the two districts.
(b)
Where the side or rear year of a
lot in a Residential District abuts a side or rear yard of a lot in
a Commercial District, there shall be provided along such abutting
line or lines in the Commercial District a side or rear yard equal
in depth to that required in the more restricted district; and in
addition, a planing buffer at least 10 feet wide, having evergreen
vegetative screening and/or opaque fencing at least 8 feet high may
be required by the Town Planning Board in an easement in any
Commercial District.
7.
Projecting Architectural
Features, Terraces, Porches, Fire Escapes
(a)
The space in any required yard
shall be open and unobstructed except for the ordinary projections
of window sills, belt courses, cornices, eaves and other
architectural features, provided, however, that such features shall
not project more than two feet into any required yard.
(b)
A paved terrace shall not be
considered as part of a building in the determination of yard size
or lot coverage, provided that such terrace is without a roof and
without walls, parapets, or other form of enclosure exceeding six
feet in height.
(c)
In determining the percentage of
building coverage or the size of yards for the purpose of this law,
enclosed porches, or porches open at the side but roofed, shall be
considered a part of the building.
(d)
An open fire escape may extend
into any required yard no more than four feet six inches, provided
such fire escape shall not be closer than 4 feet at any point to any
lot line.
(e)
Unenclosed entrance steps or
stairways providing access to the first story of a building may
extend into any required yard a distance not to exceed six feet.
8.
Walls, Fences and Hedges
The yard requirements of this law
shall not prohibit any necessary retaining wall nor any fence, wall
or hedge permitted by the Town Law, provided that it complies with
visibility at street corners as provided in this Article.
SECTION
17 - Height Regulations
1.
Chimneys, Spires, etc.
The height limitations of this law
shall not apply to belfries, church spires, cupolas, and domes which
are not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks or other storage tanks/silos and necessary
mechanical appurtenances usually carried above the roof level; not
to flag poles, monuments, transmission towers and cables, non
commercial radio and television antennae or towers and similar
structures.
Such features, however, shall be
erected only to such height as is necessary to accomplish the
purpose for which they are intended, and are subject to planning
board review and approval.
No advertising devise of any kind
whatsoever shall be inscribed upon or attached to that part of any
chimney, tower, tank or other structure which extends above the roof
limitations. Agricultural
structures are exempt from height
regulations except for minimum distance to a residence. All farm
structures must be 1.5 times the height away from any residence.
All non agricultural structures over 100 feet high are subject to
site plan review and require a special use permit.
2.
On Through Lots
On through lots 120 feet or less
in depth, the height of a building may be measured from the grade of
either street.
On through lots more than 120 feet
deep, the height regulations and basis of height measurement for the
street permitting the greater height shall apply to a depth of not
more than 120 feet from that street.
ARTICLE VII - SITE PLAN APPROVAL AND SPECIAL PERMITS
SECTION
18 - Purpose and Authorization
The
purpose of site plan approval and special permit approval is to
ensure compliance with the objectives of this law, thereby promoting
the public health, safety and general welfare.
This section of the St.Johnsville Land
Use Law is enacted under the authority of Section 274-a of the Town
Law of the State of New York to protect the health, safety,
convenience and general welfare of the inhabitants of the Town.
This Section regulates the
development of structures and sites in a manner which considers the
following concerns and, where necessary, requires modification of
development proposals to eliminate or minimize potential problems
and nuisances.
The power to approve, approve with
conditions, or deny site plans and special permits as required by
this article is rested in the planning board.
All site plan and special permit
applications shall comply with the adopted, current requirements and
procedures of the planning board.
SECTION
19 - Developments Requiring Site Plan Review
All non agricultural projects in an
Agricultural district require site plan review.
In addition all special permits
require site plan review.
Site plan review and special
permit review should be conducted jointly by the planning board.
SECTION
20 - Procedure
A.
Prior to the submission of a
formal site plan, a pre-submission conference may be held wherein
the applicant shall meet in person with the Code Enforcement Officer
to discuss the proposed site plan so that the necessary subsequent
steps may be undertaken with a clear understanding of the Town’s
requirements in matters relating to the development of the site.
B.
Within six (6) months following
the pre-submission conference, five (5) copies of the site plan and
any related information shall be submitted to the Code Enforcement
Officer, accompanied by a fee in accordance with the schedule of
fees of the Town of St Johnsville, payable to the Town Clerk.
If the application is not
submitted within this six-month period, another pre-submission
conference may be required.
An Environmental Assessment Form,
as required by the State Environmental Quality Review Act, shall
also be submitted with the application.
C.
The Code Enforcement Officer shall
certify on each site plan or amendment whether or not the
application is complete in accordance with the requirements of this
section, and whether the plan meets the requirements of all land use
law provisions other than those of this section, such as setbacks,
number of parking spaces, etc.
The Code Enforcement Officer shall
act to certify the application or return it to the applicant for
completion or revision within ten (10) days of submission by the
applicant.
D.
Following certification of a
complete application, the Code Enforcement Officer shall forward the
application to the Planning Board no later than ten (10) days prior
to its next meeting.
E.
The Planning Board may, at its
discretion, hold a public hearing on the application.
Said hearing shall be held within
sixty-two (62) days of submission to the Planning Board of said
complete application.
The Planning Board shall give
notice of the hearing in a newspaper of general circulation in the
Town at least ten (10) days prior to the hearing.
In addition, the applicant shall
give notice in writing by certified mail, return receipt required to
all property owners of the land immediately adjacent to, extending
five hundred feet (500’) therefrom, and directly opposite thereto,
extending five hundred feet (500’) from the street frontage of the
land in said application.
The applicant shall mail these
notices at least ten (10) days in advance of the hearing and furnish
the Planning Board with such Post Office receipts as have been
received as of the date of such hearing.
F.
The Planning Board shall make a
determination of significance of the proposed site plan according to
SEQR.
The time limitations of paragraph
H of this section shall not apply until the conclusion of the SEQR
process.
G.
Whenever any Site Plan involved
real property in an area described in Section 239-m of the General
Municipal Law, said Site Plan shall be referred to the County
Planning Board, which Board shall report is recommendations to the
Town Planning Board.
Failure of the County Planning
Board to report within thirty (30) days may be construed to be
approval.
The concurring vote a majority plus one
of the Town Planning Board shall be necessary to override County
Planning Board recommendations of approval with modification or
disapproval.
In the event that the County
Planning Board recommends modifications or disapproval of a referred
matter and the Town Planning Board acts to the contrary, the Town
Planning Board shall file a report of its final action with the
County Planning Board within seven (7) days after final action.
H.
The Planning Board shall, within
62 days of the public hearing, if one is held, or within 62 days of
the receipt of a complete site plan application either:
1.
Approve the site plan if the Board
finds that the plan meets the requirements of this law and any other
applicable rules and regulations; or
2.
Condition approval of the site
plan upon the applicant making certain changes or modifications to
the plan, said conditions to be set forth in writing by the Board;
or
3.
Disapprove the site plan, the
reasons for such action to be set forth in writing by the Board.
Failure to act by the Planning Board
within the required time shall be deemed approval.
Should the Planning Board need an
additional amount of time to consider the application, then they may
do so with the consent of the applicant.
Said agreement shall be recorded
in the minutes
I.
Review of amendments to an
approved site plan shall be acted upon in the same manner as the
review of an original plan.
SECTION
21 - Enforcement
A.
The Planning Board may require the
posting of a bond or other similar performance guarantee to ensure
compliance with the plan and stated conditions of approval.
The Code Enforcement Officer may
suspend any permit or license when work is not performed as
required.
B.
Any Special Permit issued under
this section shall lapse within one year if a substantial use
thereof has not commenced, except for good cause.
The time required to pursue and
await determination of a judicial appeal pursuant to Chapter 274-b
of the Town Law shall be included within the one-year time limit.
C.
The Planning Board may adopt
additional detailed design guidelines and performance standards, as
it deems necessary by majority vote of the Planning Board, after
conducting a public hearing to receive comments on any proposed
revisions.
Such hearing shall be advertised
once in a newspaper of general local circulation, at least seven (7)
days prior to the hearing.
Such standards and guidelines
shall not become effective until adopted by the Town Board following
a public hearing.
D.
No topsoil, tree, shrubs or other
vegetation shall be removed from the site until a site plan has been
approved for the property in question.
SECTION 22 -
Submission Requirements
(Does not apply to
agricultural structures and single family residences)
A.
The site plan shall include the
following data, details and supporting plans.
The number of pages submitted will
depend on the proposal’s size and complexity.
All of the requirements must be
met in each plan except in accordance with Section 21, B, below.
B.
The Planning Board may waive any
of the requirements of Section 21, C or D or parts thereof, prior to
the submission of a formal site plan, when such requirements are not
material to the project under review.
C.
Site plans shall be prepared by a
surveyor, registered professional engineer, architect, or landscape
architect at a scale of one inch (1”) equals twenty feet (20’) or
less, on standard 24” x 36” sheets, with continuation on 8 1/2 x 11”
sheets as necessary for written information.
D.
Items required for submission
include:
1.
Name of the project, boundaries,
location maps showing site’s location in the town, date, north arrow
and scale of the plan.
This title block shall be located
in the lower right hand corner of the Site Plan.
2.
Name and address of the owner of
record, developer, and seal of the engineer, architect, surveyor or
landscape architect. 3. Name
and address of all owners of record of abutting parcels and those
within five hundred feet (500’) of the property line.
4.
All existing lot lines, easements,
and rights-of-way.
Include areas in acres or square
feet, abutting land uses, and the location and size of structures
within five hundred feet (500’) of the site.
5.
The location and use of all
existing and proposed buildings and structures within the
development.
Include all dimensions of height
and floor area, and shown all exterior entrances, and all
anticipated future additional and alterations.
6.
The location of all present and
proposed public and private way, parking areas, driveways,
sidewalks, ramps, curbs, fences, paths, landscaping and walls.
Location, type and screening
details for all waste disposal containers shall also be shown.
7.
The location, height, intensity
and bulk type (e.g. fluorescent, sodium incandescent) of all
external lighting fixtures.
The direction of illumination and
methods to eliminate glare onto adjoining properties must also be
shown.
8.
The location, height, size,
materials and design of all proposed signage.
9.
The location of all present and
proposed utility systems including:
a.
Sewage or septic systems
b.
Water supply system
c.
Telephone, cable and electrical
systems
d.
Storm drainage system including
existing and proposed
drainage lines, culverts, catch basins,
headwalls, end walls,
hydrants, manholes, and drainage
swales
The
Planning Board may also require soil logs, soil profile analysis
(deep hole test pits), percolation tests and storm water run-off
calculations for large developments or developments in
environmentally sensitive areas.
10.
Plans to prevent the pollution of
surface or groundwater, erosion of soil both during and after
construction, excessive run-off, excessive raising or lowering of
the water table, and flooding of other properties, as applicable.
There shall be pre and post
drainage calculations for the site done by a certified engineer.
From this the engineer must show
how there will be no increase in runoff from the site.
The use of ponds, dry wells, etc.
shall be used, but all sites shall have zero increase in runoff so
as not to disturb neighboring properties.
11.
Existing and proposed topography
at five foot (5’) contour intervals.
All elevations shall refer to the
nearest United States Coastal and Geodetic Bench Mark.
If any portion of the parcel is
within the 100-year floodplain, the area will be shown, and base
flood elevations given.
Indicate areas within site where
ground removal or filling is required, and give its approximate
volume in cubic yards.
12.
A landscape plan showing all
existing natural land features, trees, forest cover and water
sources, and all proposed changes to these features, including size
and type of plant material, and erosion control measure.
Water sources will include ponds,
lakes, brooks, streams, wetlands, floodplains, and drainage
retention areas.
13.
Zoning district boundaries within
two hundred feet (200’) of the site’s perimeter shall be drawn and
identified on the plan.
14.
Traffic flow patterns within the
site, entrances and exits, loading and unloading area, curb cuts on
the site and within two hundred feet (200’) of the site.
The
Planning Board may require a detailed traffic study for large
developments or for those in heavy traffic areas to include:
a.
The projected number of motor
vehicle trips to enter or leave the site, estimated for daily and
peak hour traffic level;
b.
The projected traffic flow pattern
including vehicular movements at all major intersections likely to
be affected by the proposed use of the site;
c.
The impact of this traffic upon
existing abutting public and private ways in relation to existing
road capacities.
Existing and proposed daily and
peak hour traffic levels as well as road capacity levels shall also
be given.
15.
For new construction or
alterations to any existing building, a table containing the
following information must be included:
a.
Area of building to be used for a
particular use such as
retain operation, office, storage,
etc.
b.
Maximum number of employees;
c.
Maximum seating capacity , where
applicable;
d.
Number of parking spaces existing and
required for the
intended use
e.
Dimensions, materials, and designs of all structures
16.
Elevation plans at a scale of 1/4”
= 1’ for all exterior facades of the proposed structures) and/or
existing facades, plus addition(s) showing design features and
indicating the type and color of materials to be used.
E.
An Environmental Assessment Form
(either a short or long form, depending upon the nature of the
proposal) shall be submitted with the site plan to insure compliance
with the New York State Environmental Quality Review Act (6 NYCRR
617), to identify the potential environmental, social, and economic
impacts of the project.
SECTION
23 - Standards for Review
The Planning Board shall review the site
plan and supporting documents, taking into consideration the
reasonable fulfillment of the objectives listed below.
Pursuant to Section 20, Paragraph
C, detailed design guidelines and performance standards may be
adopted by the Planning Board to guide decisions with respect to
these objectives, and to help ensure consistency in the review of
all applications.
A.
Land Classification
If project in consideration is to
be located on agricultural land as defined
on
page 25 , on site inspection to determine impact on remaining
portion of property must be carried out by LUO/CEO and or planning
board. ( See Section 66, diagram 1)
A.
Legal
Conformance with the provisions of
the Local Laws and Laws of the Town, the Town Law of New York State,
and all applicable rules and regulations of State and Federal
agencies.
B.
Traffic
Convenience and safety of both
vehicular and pedestrian movement within the site and in
relationship to adjoining ways and properties.
C.
Parking
Provision for off-street loading
and unloading of vehicles incidental to the normal operation of the
establishment, adequate parking, adequate lighting, and internal
traffic.
D.
Public Services
Reasonable demands placed on
public services and infrastructure.
E.
Pollution Control
Adequacy of methods of sewage and
refuse disposal and the protection from pollution of both surface
waters and groundwater.
This includes minimizing soil
erosion both during and after construction.
F.
Nuisances
Protection of abutting properties
and town amenities from any undue disturbances caused by excessive
or unreasonable noise, smoke, vapors, fumes, dust, odors, glare,
storm water runoff, etc.
G.
Existing Vegetation
Minimize the area over which
existing vegetation is to be removed.
Where tree removal is required,
special attention shall be given to planting of replacement trees.
H.
Amenities
The applicant’s efforts to
integrate the proposed development into existing landscape through
design features, such as vegetative buffers, roadside plantings, and
the retention of open space and agricultural land.
I.
Town Character
The building setbacks, area and
location of parking, architectural compatibility, signage, and
landscaping of the development, and how these features harmonize
with the surrounding landscape and the natural landscape.
SECTION
24 - Consultant Review
In it’s review, the Planning Board
may consult with the Town Building Inspector, Fire Commissioners,
Highway Superintendent and other local and county officials, and its
design private consultants, in addition to representatives of
federal and state agencies including, but not limited to, the Soil
Conservation Service, the State Department of Transportation, the
State Department of Environmental Conservation, and the NYS
Department of Health.
If a consultant is retained by the
board, the developer shall agree to pay his/her fees.
An estimate of his/her fees shall
be provided at the beginning of the project.
The developer will be required to
pay one-third at this time, another third at the time of the public
hearing and a final third before a decision is rendered by the
Board.
SECTION
25 - Additional Requirements
The Planning Board may require
such additional provisions and conditions that appear necessary for
advancement of the public environment.
Such shall include but shall not
be limited to the following:
A.
REIMBURSABLE COSTS:
Reasonable costs incurred by the
Planning Board for private consultation fees or other extra ordinary
expense in connection with the review of a proposed site plan shall
be charged to the applicant.
Such reimbursable costs shall be
in addition to the fee required in the Town Schedule of Fees for
site plan review.
B.
PERFORMANCE GUARANTEE:
No Certificate of Occupancy shall
be issued until all improvements shown on the final site plan are
installed or a performance guarantee, a letter of credit or a
certificate of deposit has been posted for improvements not yet
completed.
Such performance guarantee, letter
of credit or certificate of deposit shall be posted in accordance
with procedures specified within Section 277 of the Town Law
relating to subdivisions.
Other requirements relating to
performance guarantees may be established from time to time by the
Town Board.
The amount and sufficiency of such
performance guarantee shall be established by the Planning Board
after consultation with the Building Inspector, Attorney(s) for the
Town and the Planning Board’s designated consultants, or other
competent persons.
C.
INSPECTION OF IMPROVEMENTS:
The Code Enforcement Office shall
be responsible for the overall inspection of site improvements,
including coordination with the Town’s private consultants, as may
be appropriate on multi-family residential, commercial and
industrial projects.
SECTION
26 - Appeals
APPEALS:
Any person or persons, jointly or
severally aggrieved by any decision of the planning board concerning
review of a site plan may bring a proceeding to review in a manner
provided by Article Seventy-Eight of the Civil Practice Laws and
Rules in a court of record.
SECTION
27 - Special Permits
On application and after public notice
and hearing by the Planning Board, said board may authorize, by
resolution, the issuance of a special permit only for those uses in
a district where this law requires such a permit.
In authorizing the issuance of a
special permit, the Planning Board shall take into consideration the
public health, safety, and general welfare and shall prescribe
appropriate conditions and safeguard to insure the accomplishment of
the following objectives, unless otherwise provided all special
permits shall be valid for a period as determined by the Planning
Board.
OBJECTIVES:
1.
That all proposed structures,
equipment, or material shall be readily accessible for fire and
police protection.
2.
That the proposed use is of such
location, size, and character that, in general, it will be in
harmony with the appropriate and orderly development of the district
in which it is proposed to be situated and will not be detrimental
to the orderly development of adjacent properties in accordance with
the zoning classification of such properties.
3.
That, in addition to the above, in
the case of any use located in, or directly adjacent to a
residential district:
a.
The location size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access street shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or incongruous with, the said residential district or
conflict with the normal traffic or the neighborhood and use of
adjacent land and buildings or diminish the value thereof.
b. The location and height of buildings
and structures, the location, nature, and height of walls and
fences, and the nature and extent of screening and landscaping on
the site shall be such that the use will not hinder or discourage
the appropriate development
B.
PROCEDURE:
Since all special permits require site
plan review, the procedure for a special permit shall be the same as
specified for a site plan review, Section 17-25 except that a public
hearing is mandatory.
Site plan and special permit
review should be conducted jointly to save time, effort, and
repetition of information.
C.
CONDITIONS AND SAFEGUARDS:
In authorizing the issuance of a special
permit it shall be the duty of the Planning Board to attach such
conditions and safeguards as may be required in order that the
results of its action may, to the maximum extent possible, further
the general objectives of this law.
The Planning Board may require
that special permitted uses be periodically renewed.
Such renewal shall be granted
allowing due public notice and hearings, and may be withheld only
upon determination that such conditions as may have been prescribed
by the Board in conjunction with the issuance of the original permit
have not been, or are no longer being complied with.
In such cases, a period of 60 days will
be granted the applicant for full compliance prior to the revoking
of the said permit.
Any use for which a special permit
may be granted shall be deemed to be a conforming use in the
district in which such use is located providing that:
a. The
provision in this law under which such
exception
was issued is still in effect.
b. Such
exception was issued in conformity with the
provisions of
this law.
c. Such use
shall be deemed to affect only the lot or portion thereof for which
such permit shall have been granted.
D.
APPEALS:
Any
person or personal, jointly or severally aggrieved by any decision
of the Planning Board concerning review of a special permit may
bring a proceeding to review in a manner provided by Article
Seventy-Eight of the Civil Practice Laws and rules in a court of
record.
ARTICLE VIII - SUPPLEMENTARY REGULATIONS
SECTION
28 - Access to Improved Street
In any district, a lot to be used for
building purposes shall have direct frontage on a improved street,
or highway, or on a street in a subdivision plot approved by the
Planning Board.
SECTION
29 - Lots in Two Districts
Where a
district boundary line divides a lot in one ownership at the time of
adoption of said district line, the regulation for either district
may be used up to 100 feet into the other district provided the lot
has the minimum required frontage on a street.
SECTION
30 - Drive-In Food Services
Any drive-in food service building shall
be located 60 feet or more from any public right-of-way.
Such businesses, where persons are
served in automobiles, shall not be closer than 200 feet to a
Residential District.
Arrangements of ingress and egress
of vehicles, lights, fences and screening shall be approved by the
Planning Board in such a way as not to interfere with uses in the
Residential District.
SECTION 31 - Accessory Building:
Number, Height and Location
1.
Number:
On any lot intended or used
primarily for residential purposes, an accessory building such as
private garage for use in connection with the principal dwelling is
permitted.
2.
Height:
Maximum height of accessory
buildings shall be 25 feet, except that there shall be no height
limitation on barns, silos and other farm structures.
3.
Location:
Accessory private garage buildings
in Residential Districts which are not attached to a principal
building may be erected within the rear yard accordance with the
following requirements:
(a)
Rear Yard:
Five feet from side or rear
property line, except when abutting an alley, then 10 feet,
(b)
Side Yard:
Street side of corner lot - same
as for principal building.
(c)
Not closer to a principal or
accessory building than 10 feet
(d) In any district, accessory
buildings other than private garages shall comply with front and
side yard requirements for the principal building to which they are
accessory and shall be not closer to any rear property line than 10
feet.
4.
Attached Accessory Building in Residence
District:
When an accessory building is
attached to the principal building, it shall comply in all respects
with the requirements of this law applicable to the principal
building.
5.
Maximum lot coverage is to include
all principal and accessory structures
SECTION
32 - Mineral Extraction
In the N-P-Natural Products district, the
mining of more than one thousand tons or seven hundred fifty cubic
yards, whichever is less, of minerals from the earth within twelve
successive calendar months shall require a
New York State Department of
Environmental Conservation (DEC) permit and approval.
Local
review by the planning board is
not
authorized.
The Town
Board will be sent a copy of the applicant’s proposal and may make
suggestions
on ingress, egress and hours of operation, but final decisions are
that of the DEC.
In the
R-Residential, RR-Rural, A-Agricultural, C-Commercial, I-Industrial,
and H-Historic Districts the mining of more than five hundred tons
or three hundred seventy five cubic yards, whichever is less, of
minerals from the earth within any twelve successive calendar months
is prohibited.
SECTION
33 - Junkyards
All
junkyards, wrecking yards, or places for the collection of
recoverable materials or inoperable equipment shall conform to the
following requirements:
A.
All such yards, enclosures or
areas used for such collection or storage shall be enclosed by a
opaque fence, designed to obstruct view from outside, which is at
least eight feet in height and entirely surrounds such yard or area.
B.
Materials shall not be collected
or stored on a hillside of greater than 10 percent slope, on a
floodplain, or within 100 feet of any stream bed.
C.
Materials stored and collected
shall not be stacked or piled to a height greater than the closest
eight-foot fence.
D.
Operation of junkyard is
conditional upon the granting of an annual operating license from
the Town Board in accordance with Section 136 of the General
Municipal Law and this Section of this Law.
E.
The outdoor storage of two or more
unregistered motor vehicles no longer intended or in condition for
legal use, or major portions of such vehicles and/or a comparable
quantity of inoperable machines, implements, or appliances, or two
or more unregistered travel trailers or camping vehicles shall
require licensing as a junkyard.
The outdoor storage of one or more
inhabitable mobile homes shall require licensing as a junkyard
unless structures are in use for permitted nonresidential or
accessory auxiliary uses.
F.
Inoperable agricultural equipment
or machinery stored on an operating farm for further restoration or
for use as a source of spare parts for other equipment in use on the
farm shall not be subject to the above provisions of this Section
but care should be taken as to not create an eyesore. LUO/CEO
reserves right of judgment in this instance.
SECTION
34 - Signs
Signs
shall comply with the following regulations:
1.
In R-1 and R-M Residential and H
Historic, non-illuminated and non-advertising signed are permitted
as follows:
(a)
One business sign, not to exceed
an aggregate of twenty-four (24) square feet of sign area, showing
the name or permitted home occupation of the occupant of the
premises.
(b)
One sign not to exceed an
aggregate of twenty-four (24) square feet of sign area, during and
pertaining to the sale, lease or rental, of the land or building.
(c)
One temporary sign not to exceed
an aggregate of twenty-four (24)
square feet of sign area, during and pertaining to
construction, repairs, or
alterations to the property.
(d)
Institutional or religious
announcement sign, not to exceed sixty-four (64) aggregate feet in
area.
(e)
The above signs can be located in
any required yard provided that the sign is setback at least fifteen
(15) feet from the road right-of-way.
(f)
Two farm product signs, each not
exceeding sixty-four (64) aggregate feet in area, may be displayed
on the property, but only when such products are on sale.
2.
In
A-Agricultural, C- Commercial, I-Industrial and N-P-Natural Products
Districts, non-flashing, non-advertising signs are permitted as
follows:
(a)
A business sign or signs directing
attention to a business or profession conducted, or a commodity,
service or entertainment offered or sold on the premises shall be
permitted.
Such sign can be two sided with a
maximum of thirty-two (32) square feet on each side.
The size of the sign may increase
if the road frontage, on which the sign is displayed, is over five
hundred (500) feet.
For each additional five hundred
(500) feet of road frontage, the sign may increase twenty-five (25)
square feet on each side with a maximum total of one hundred (100)
square feet on each side.
No such sign shall project into or
over the public right-of-way.
In the case of a retail store or
other group of related buildings, in addition to the general sign,
each individual unit may display an identification sign affixed flat
against the building.
Said sign may be a maximum of ten
(10) percent of the vertical square feet of the side of the building
it is attached to.
(b)
If illuminated, the source of
light shall not be visible.
(c)
Non-illuminated real estate signs,
not over sixteen (16) square feet in aggregate area, advertising the
sale, rental or lease of the premises on which they are located are
permitted, but not in any required yard.
3.
For N-P-Natural Products Businesses advertising signs are permitted
as follows:
(a)
Such sign shall be a maximum of 250 square feet.
(b)
Only one advertising sign per lot is allowed.
(c)
If illuminated, the source of light shall not be visible.
SECTION
35 - Permanent Building Foundations
All
dwellings, including One-family, Two-Family, Multiple-Family, Board
or Rooming Houses, Mobile Homes, and Modular homes shall be placed
upon a permanent foundation, except for mobile homes located within
a mobile home court and temporary mobile homes permitted by special
permit by the Planning Board.
SECTION
36 - Vision Clearance at Intersections
No
obstructions to vision, such as shrubbery, brush, trees, earth, or
structure, shall be permitted at road intersections within the
triangle formed by the intersections of road center lines and a line
drawn between points along such lines 20 feet distance from their
point of intersection.
SECTION
37 - Landscaping Requirements
A.
Where any permitted
non-residential land use, multiple-family development or mobile home
park abuts an existing residential parcel or vacant parcel where
residential development could occur, a strip of land at least 20
feet wide shall be maintained as a landscaped area in the front,
side and/or rear yard which adjoin these uses.
B.
Required landscaping shall be
installed and maintained in a healthy growing condition and shall
take the form of any or all of the following:
shade trees, deciduous shrubs,
evergreens, well-kept grassed areas or ground cover.
In any case, all such landscaping
shall be a minimum of four (4) feet in height.
SECTION
38 - Corner and Through Lots
Front yard setbacks and minimum road
frontages are required on both road fronts.
The two remaining yards shall be
designate by the applicant as to which will be the rear yard and
which will be the side yard.
SECTION
39 - Flag Lots
A.
The access strip of land shall be
a minimum of 50 feet wide .
B.
The minimum lot area, lot width
and lot depth requirements shall be met exclusively of the land
contained in the access strip.
C.
Minimum front, side and rear
setback requirements shall be met, excluding the narrow access
strip.
D.
No more than one flag lot shall be
served by a single access strip.
E.
Access strips shall be a minimum
distance apart of at least the minimum lot width in the zoning
district.
F.
Access strip shall not be a
right-of-way, but shall be owned in fee title by the owner of the
flag parcel.
G.
No more than 10 percent of the
lots in a new residential subdivision approved after the date of the
adoption of these zoning revisions shall be flag lots.
SECTION
40 - Environmental Quality Review
The State Environmental Quality Review
requires that local government examine the environmental impact of
all actions they permit, fund or construct.
Article 8 and Part 617 of Title 6
of the New York Code of Rules and Regulations are hereby adopted by
reference.
SECTION
41 - Dish Antennae
A.
All dish antennae over 36 inches
shall be located in either the side or rear yards, unless the owner
can prove his/her only “window of reception” is in the front yard.
In the event that no “window of
reception” is available on the ground, such antennae may be placed
on the roof of the dwelling structure.
B.
The location and design of dish
antennae shall minimize the visual impact on adjacent property as
determined by the Code Enforcement Officer, appealable to the Zoning
Board of Appeals.
SECTION
42 - Exterior Lighting
In no
case shall any exterior lighting be directed toward the highway so
as to interfere with the vision or attract the attention of the
driver of a motor vehicle, nor shall the light be directed toward
any other lot or cause excessive illumination of adjacent lots.
SECTION
43 - Mobile Homes
Individual mobile homes shall be subject to all the regulations
pertaining to detached, one-family dwellings, in addition to the
following standards:
A.
The mobile home shall be provided
with anchors or tie-downs at least at the corners, attached to
concrete footing installed below the frost line or embedded in
concrete runners or a concrete slab or a suitable substitute as
deemed acceptable by the Building Inspector.
B.
The mobile home will be provided
with skirts or screen the space between the mobile home and the
stand.
Such skirts shall be made of
concrete block
or a permanent material similar to
that used in the mobile home and providing a finished exterior
appearance, and shall be installed within four months from date of
issuance of permit for the mobile home.
C.
Any construction or storage space,
additional rooms or enclosed patios or carports shall have a
finished exterior appearance.
No exposed building paper,
wallboard or other impermanent and unfinished material will be
permitted.
D.
The mobile home shall bear the
seal required by the State of New York or an equivalent acceptable
to the State of New York.
E.
No additions shall be made to a
mobile home except a canopy and/or porch open on three sides, or an
addition made by the mobile home manufacturer and/or built in
conformance with New York State uniform Fire Prevention and Building
Code Regulations.
F.
All mobile homes installed in the
Town shall meet current US Department of Housing and Urban
Development (HUD) standards and shall have a seal by HUD designating
and verifying the age of the mobile home.
G.
All mobile
homes installed in the town shall be less than ten years old.
SECTION
44 - Public Utility Facility Personal Wireless Service Facility
Public
utility substations and similar structures, shall comply with the
following:
A.
Facility shall be surrounded by a
fence set back from property lines in conformance with district
regulations for front, side and rear yards.
B.
Landscaped area at least 20 feet
wide shall be maintained in front, side and rear yards.
C.
There shall be no equipment
visible from surrounding property.
D.
Public Utility Services' line
poles and attendant lines will be allowed, as necessary, in all
districts.
SECTION
45 - Swimming Pools
A.
Accessory to Single Family
Dwellings
Swimming pools, whether permanent or portable, having depth of at
least two (2) feet, shall meet the front, rear, and side setback
requirements.
B.
Accessory to Residential
Developments
Swimming pools accessory to residential developments, whether
clustered single-family dwellings, seasonal dwelling, bungalow
colonies, camps or multi-family dwelling, shall be of permanent
construction and shall be located not closer than 10 feet to any lot
line and closer than 10 feet to any dwelling unit and shall meet the
setback of the existing house.
C.
Non-Residential
Swimming pools that are part of non-residential uses, whether
commercial or non-commercial, such as hotels, motels, clubs,
campgrounds, day-use recreational facilities or institution, shall
be of permanent construction and shall be located not closer than
the setback requirements for the district in which it is located.
D.
Fencing
Fencing
of swimming pools shall comply with the New York State Uniform Fire
Prevention and Building Construction Code requirements.
SECTION 45.1
Adult Oriented Businesses Overlay
A.
Adult Oriented Businesses have
secondary effects that can have a significant impact on the
neighborhood and community in which they are located, particularly
when concentrated in any one area.
The special regulations deemed
necessary to regulate these secondary effects are set forth below.
The primary purpose of these
regulations is to preserve the community character and quality of
life in the Town of St. Johnsville.
The provisions of this section
have neither the purpose nor the effect of imposing a limitation or
restriction on the contact of any communicative materials, or to
deny access by adults to Adult Oriented Businesses.
B.
No Adult Oriented Business shall be located within one thousand
(1000) feet of the property line of the parcel of land upon which
any residence is located.
C.
No Adult Oriented Business shall be located within one thousand
(1,000) feet of the property line of the parcel of land upon which
any school, child care facility, church or other place of religious
worship, public or private park, playground or playing field, bike
path, cemetery, youth center or library, is located.
D.
No Adult Oriented Business shall be located within one thousand
(1000) feet of the Town of St. Johnsville municipal boundary.
E.
No Adult Oriented Business shall be located on the same parcel as
another Adult Oriented Business, or within one thousand (1000) feet
of the property line of the parcel of land upon which any other
Adult Oriented Business is located.
F.
Any building or structure in which an
Adult Oriented Business is located may have one exterior sign
limited to text to identify the name and purpose of said business,
and conforming to all sign regulations in Article VIII Section 34 of
this law.
In addition, no interior sign,
display or advertising of any kind shall be visible from the
exterior of such building.
ARTICLE IX - OFF STREET PARKING AND LOADING
SECTION
46 - Automobile Parking Facilities
Where one or more motor or other vehicle
recurrently parks by reason of the use and occupancy of the
premises, there shall be provided on or in convenient connection
therewith adequate garage or vehicular parking spaces for the number
and in proportion to the vehicular parking spaces for the number and
in proportion to the size of the vehicles which so park, the minimum
to be not less than one hundred eighty square feet per automobile,
in addition to driveway and backing and turning space.
The recurrent parking of any such
vehicle shall be evidence of the failure to provide adequate and
suitable garage or parking source on or in convenient connection
with such premises.
Parking requirements for certain uses are
specified in Schedule B.
For uses not specified, the Board
of Appeals shall establish parking requirements, after
recommendation of the Planning Board.
For any
building having more than one use, parking shall be required for
each use.
SECTION
47 - Off-Street Loading Facilities
Off-street loading facilities shall be provided for each commercial
or industrial establishment hereafter erected or substantially
altered and shall be so arranged as not to interfere with pedestrian
or motor traffic on the public street or highway.
Loading space requirements for certain
uses are specified in Schedule B.
For uses not specified, the Board
of Appeals shall establish loading requirements, after
recommendation of the Planning Board.
Loading
requirements apply to each separate occupancy and are exclusive of
driveways, aisles and other necessary circulation areas.
SCHEDULE B - OFF-STREET PARKING & LOADING
PARKING
SPACES REQUIRED
1.
Dwelling
2 spaces for each dwelling
unit or 1 1/2 space per
dwelling w/3+ units
2.
Rooming house,
1 space for each guest room
Tourist home,
Hotel, motel
3.
Administrative,
1 space for each 400 square
Professional, utility,
ft of floor space
Governmental office or
Eleemosynary (charitable
Institution)
4.
Funeral Home
10 spaces, plus space for all
employees and resident
personnel
5.
Church
1 space for each 3 seating
spaces in main assembly
room
6.
Elementary School
2 spaces for each classroom
7.
High School
4 spaces for each classroom
8.
Theater or other place
1 space for each 2 seating
spaces of assembly plus one
for each employee
9.
Hospital
3 spaces for each bed
10.
Nursing or convalescent
1 space or each 4 beds plus
Home
one for each staff member
(max. shift)
11.
Retail store or bank
3 spaces for each 300 square
feet of
floor space
devoted to customer use
12. Clubs or Restaurants 1 space for each two customers seats plus 1 for each employee based on max. working s |