PART II GENERAL LEGISLATION Chapter 200, ZONING, ARTICLE III, Supplementary Regulations

§ 200-12.  Zoning regulations schedule.

The following schedule entitled "Schedule A” sets forth in outline form the permitted principal uses, uses permitted upon special permit, minimum lot sizes, maximum lot coverage, maximum building heights and minimum yard dimensions. In case of conflict, the provisions of the various sections of this chapter shall supersede the provisions of this schedule, which is included for quick reference. 

§ 200-13.  Additional area regulations. 

A.  Existing lots of record. A single-family structure may be constructed on any lot in any residence district even if said lot has less than the minimum area required for building lots in the district in which it is located, subject to the following conditions: 

(1)   Adjoining vacant land. The owner of said lot owns no adjoining vacant land which would create a conforming lot if combined with the lot which is deficient in area. 

(2)   Side yards. Any structure erected on a nonconforming lot shall have a minimum side yard of five feet, or a minimum side yard of 10 feet adjacent to a side street lot line. 

(3)   Front and rear yards. Any structure erected on a nonconforming lot shall have front and rear yards conforming to the minimums required for the residence district in which said lot is located, except as said lot may meet the conditions set forth in this section of this chapter.   

B.  Lot width. The minimum width of any lot shall be measured along the minimum building setback line required for the district in which it is located. 

C.  Reduction of lot area. The minimum yards and open spaces, including lot area per family, required by this chapter shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter. 

D.  Number of dwellings on lot. Two permanent residential structures on one lot, other than group housing, shall be prohibited unless lot area and yard requirements are met for each dwelling, including required street frontage. 

E.   Corner lot. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal 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 yard and building width of a corner lot facing an intersecting street, and of record at the time of the passage of this chapter, if the yard requirements would result in a residential structure less than 24 feet wide. 

F.   Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the wider street shall be deemed the street upon which the property fronts, and no principal structures and no dwelling shall be erected on the rear of such a lot, except where such lot may be subdivided to create not less than two conforming lots. Where a single lot extends between two streets of equal width, either of the two streets may be deemed as that upon which the property fronts. The building height shall be measured from the grade of the street on which the building fronts. 

G.  Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge, or other structure of planting more than 2 1/2 feet above the finished grade on the street center line 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 30 feet distant from the point of intersection, measured along said lines. 

H.  Front yard exception. When a vacant lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard of the vacant lot may be reduced to a depth equal to the greater of the depths of the front yards of the two adjoining improved lots, but not less than 10 feet. 

I.    Transition yard requirements. 

(1)   Where a residential district abuts a nonresidential district at a street line, there shall be provided in the nonresidential district for a distance of 50 feet from the district boundary line, a front yard at least equal in depth to that required in the residential district. 

(2)   Where a district boundary line divides a lot in one ownership at the time of adoption of said district line, the regulations for the more restricted portion of such lot shall extend not more than 50 feet into the less restricted portion provided the lot has frontage on a street in the less restricted district. 

(3)   Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district, there shall be provided along such abutting line or lines in the nonresidential district, a side or rear yard at least equal in depth to that required in the residential district. In no case, however, shall the abutting side yard be less than 10 feet and the abutting rear yard less than 20 feet.   

J.    Projections into required yards. 

(1)   The space in any required yard shall be open and unobstructed except for accessory buildings in a side or rear yard and 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. 

(2)   A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets, or other form of enclosure exceeding six feet in height. 

(3)   In determining the percentage of building coverage or the size of yards for the purpose of this chapter, roofed or enclosed porches shall be considered a part of the building. 

(4)   An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line. 

(5)   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.   

K.  Walls, fences, and hedges. [Amended 12-9-1997 by L.L. No. 3-1997] 

(1)   Definitions. As used in this subsection, the following terms shall have the meanings indicated: 

FENCE  -- Any structure, regardless of composition, including a living fence, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.  

FRONT YARD  -- Applies to that portion of the yard in front of the front building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as "front yard" for the purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.  

HEIGHT  -- The distance measured from the existing grade to the top of the fence.  

REAR YARD  -- Applies to that portion of the yard in front of the rear building line of any building and to the rear of the front building line of any building.  

SIDE YARD  -- Applies to that portion of the yard in front of the rear building line of any building and to the rear of the front building line of any building.  

(2)   Approval required. No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer. 

(3)   Application for permit; issuance. Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village, and shall be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a permit shall be issued. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper village officials. The Code Enforcement Officer shall inspect any such fence and may revoke said permit if the fence does not comply with all provisions of this code. 

(4)   Height limitations in rear and side yards. No fence shall be more than six feet in height at the rear of homes or buildings situated in a residentially zoned district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 72 inches in any side yard. 

(5)   Materials and composition. Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or an obstruction to men and equipment for combating fires, which may affect public safety, is hereby expressly prohibited 

(6)   Prohibited fences. The following fences or fencing materials are specifically prohibited: 

(a)  Barbed wire. 

(b)  Short, pointed fences. 

(c)  Canvas fences. 

(d) Cloth fences. 

(e)  Electrically charged fences. (Except underground low voltage dog type.) 

(f)  Poultry fences. 

(g)  Turkey wire. 

(h)  Temporary fences. (Snow fences are allowed November 1 - April 1 as permitted by the Code Enforcement Officer.) 

(i)   Expandable fences and collapsible fences, except during construction of a building.   

(7)   Chain link fences. All chain link fences erected shall be erected with the closed loop at the top of the fence. 

(8)   Entrances and gates. All entrances or gates shall open into the property. 

(9)   Finished side; posts. Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence. 

(10) Security fences for commercial and industrial properties. Notwithstanding the provisions of this section, the Code Enforcement Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Code Enforcement Officer of the Village. The Code Enforcement Officer may deny such application if it is found that the application for such fence is not appropriate and is unnecessary. Upon such denial, the applicant may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals of the Village by notice to the same within 30 days of such denial. In the event that said Zoning Board substantiates the denial of the Code Enforcement Officer, the applicant may resort to proper legal proceedings according to the statutes of the State of New York. 

(11) Location within property line. All fences or walls must be erected no less than two feet within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property. 

(12) Visibility at intersections; enforcement authority. The Code Enforcement Officer, Superintendent of Public Works or Police Chief shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs.   

L.   Side yards. 

(1)   Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than one-half the otherwise required minimum width. 

(2)   Width of one side yard may be reduced. When authorized by the Board of Appeals, the width of one side yard may be reduced to a width of not less than five feet, provided that the sum of the width of the two side yards is not less than the required minimum for both side yards, and further provided that the distance between the proposed structure, and any structure, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of the two side yards. Such reduction may be authorized only when the Board of Appeals finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.     

§ 200-14.  Additional height requirements. 

A.  General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as otherwise provided in this chapter. 

B.  Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, and necessary mechanical appurtenances usually carried above the roof level; nor to flag poles, monuments, transmission towers and cables, 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. No advertising device 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 height limitations. 

C.  Permitted exceptions to height regulations. Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided front, side, and rear yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.   

§ 200-15.  Accessory buildings; number, height and location. 

A.  Number. On any lot intended or used for residential purposes, accessory buildings may include a garage or workshop for personal use in connection with the principal dwelling. 

B.  Height. Maximum height of accessory buildings shall be one story or 15 feet. 

C.  Location. Accessory buildings in residence districts which are not attached to a principal building may be erected within the rear yard in accordance with the following requirements: 

(1)   Rear yard. Five feet from side or rear property line, except when abutting an alley, then 10 feet. 

(2)   Side yard, street side of corner lot. Same as for principal building. 

(3)   Adjacent building. Not closer to a principal or accessory building than 10 feet.   

D.  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 chapter applicable to the principal building. 

E.   Accessory building. Nonresidential accessory buildings 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.   

§ 200-16.  Access to improved street.

In any district, a lot to be used for residential dwelling purposes shall have direct frontage on a public or private street. 

§ 200-17.  Residential living area requirements.

Minimum living areas, measured from exterior faces of exterior walls, exclusive of garages, cellars and unenclosed porches, shall be as follows for dwelling units hereafter established:

§ 200-18.  Screening and fencing regulations. 

A.  Enclosed uses. For any use required by this chapter to be screened in accordance with this section, the owner shall provide a fence, screen, or landscaping sufficient to obscure such uses from view from abutting properties in residence districts or from the public right-of-way. 

B.  Unenclosed uses. Any commercial or industrial use which is not conducted within a completely enclosed building, including, but not limited to, junkyards, storage yards, and used building material yards and which use is in, abuts, or is adjacent to a residence district, or fronts on a public right-of-way, shall be screened from view from such residence districts and public rights-of-way in an effective manner. 

C.  Approval by the Planning Board. Plans and site design for the installation of such fencing or screening as are required by this chapter shall be reviewed and approved by the Planning Board prior to issuance of a building permit. Any fencing or screening installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing, screening or plant material shall be considered a violation of this chapter.   

§ 200-19.  Signs.

Signs shall comply with the following regulations: 

A.  Residential districts. In R-1, R-2 and R-3 Districts, nonadvertising signs are permitted, but not in any required yard, as follows: [Amended 2-9-1976 by L.L. No. 1-1976] 

(1)   One nameplate, identification or professional sign not to exceed two square feet of sign area, showing the name and address of the resident or a permitted home occupation of the resident of the premises. In the case of a corner lot, such sign shall be located on the principal street frontage of the dwelling unit. For multiple dwellings, fraternities or sororities, a sign shall not exceed 12 square feet of sign area. 

(2)   One nonilluminated sale or rental sign not to exceed six square feet of sign area during and pertaining to the sale, lease, or rental of the land or building. Such sign shall be removed after the premises have been sold or rented. 

(3)   One temporary artisan's sign not to exceed six square feet of sign area during and pertaining to construction, repairs or alterations on the property. Such sign shall be removed promptly upon completion of the work. 

(4)   Institutional or religious announcement sign not to exceed 15 square feet in area. 

(5)   Signs advertising the sale or development of a tract of land may be erected upon the tract by the developer, builder, contractor or owner. The size of sign shall not exceed 20 square feet and not more than two signs shall be placed upon the tract. 

(6)   Signs advertising functions, uses, products or services not pertaining to the premises on which they are located, and mobile advertising or attracting devices shall not be permitted in any "R" residence district.   

B.  Commercial districts. In the C-1 and C-2 Commercial Districts the applicable signs above are permitted, and, in addition, the following: 

(1)   Any business sign erected hereafter in the C-1 District shall not project into a public way and shall not be located or placed within five feet of any public way. No sign shall be higher than the building to which it is attached, and no sign shall be erected above the roof of any building. The gross surface area of business signs in the C-1 District shall not exceed one square foot per lineal foot of building frontage for nonilluminated signs or 1/2 square foot per lineal foot of building frontage for illuminated signs. 

(2)   Any business sign erected hereafter in the C-2 District shall not be located within any required yard in the district. No sign shall be higher than the building to which it is attached, and no sign shall be erected above the roof of any building. The gross surface area of any sign shall not exceed six square feet per lineal foot of the building frontage for nonilluminated signs nor three square feet per lineal foot for illuminated signs.   

C.  Manufacturing districts. In the M-1 Manufacturing Districts the applicable signs above are permitted, and, in addition, the following: 

(1)   Business signs are permitted, provided that such signs shall not exceed 300 square feet in area, and if illuminated, the light shall not be directed toward any public street or adjacent residential property. 

(2)   Advertising signs and commercial billboards are permitted as follows: 

(a)  The maximum size of any advertising sign or commercial billboard shall be 12 feet in height and 50 feet in length, and the bottom of such sign shall be at least four feet from the ground and no more than six feet above ground. 

(b)  Any advertising sign or commercial billboard shall be located at least 50 feet from the edge of the pavement of the nearest street or highway. No such sign or billboard shall be erected or established within 200 feet of any street or road intersection. 

(c)  No commercial billboard shall be erected or established without first filing with the Village Clerk an application in writing and obtaining a permit. The application shall be made by the person proposing to erect or establish the billboard. At least once annually, the Zoning Officer shall inspect each billboard and shall cause any unsafe or unlicensed billboards to be removed. The annual inspection fee shall be as set from time to time by resolution of the Board of Trustees, and shall be paid on or before the first day of July each year to the Village Clerk. The annual inspection and fee shall apply to all existing and future billboards.     

D.  Planned development district. In any planned development district the Planning Board shall review and approve any proposed business signs. No advertising signs shall be permitted in any planned development district. 

E.   General regulations. The following regulations shall apply to all permitted sign and billboard uses: 

(1)   Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. Temporary or superfluous signs shall not be permitted. 

(2)   Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street. 

(3)   Signs shall not project beyond property lines nor over public sidewalk areas, except as noted. 

(4)   A permit shall not be required for the erection, alteration or maintenance of any permitted signs in an R District. 

(5)   A permit shall be required for the erection, alteration, or reconstruction of any business or advertising sign. 

(6)   All temporary signs erected for a special event shall be removed by the property owner when the circumstances leading to their erection no longer apply. 

(7)   In all districts, nonconforming signs shall be required to terminate in three years. 

(8)   There shall be no restrictions on signs erected by property owners of property located on Commercial Drive in the Village of New York Mills and the above provisions shall not apply to such signs. [Added 3-11-1985 by L.L. No. 2-1985] 

(9)   All flashing signs are prohibited in this municipality. [Added 3-11-1985 by L.L. No. 2-1985]     

§ 200-20.  Off-street parking. 

A.  Off-street parking space. Off-street parking space shall be required for all buildings constructed or substantially altered after the effective date hereof, except nonresidential uses in the C-1 Retail Commercial District. Each off-street space shall consist of at least 180 square feet with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Required off-street parking areas shall be so arranged and regulated as not to interfere with pedestrian or motor traffic on the public street or highway and no parking or maneuvering incidental to off-street parking shall be on any public street right-of-way or walkway. Parking requirements are specified in Schedule B, which is hereby made a part of this chapter. 

B.  Unspecified uses. For uses not specified, the Board of Appeals, shall, and after recommendation of the Planning Board, establish parking requirements in specific cases consistent with those specified in Schedule B. 

C.  Multiple use buildings. For any building having more than one use, parking space shall be required for each use. 

D.  Residential districts. In residential districts, the required off-street parking established in Schedule B shall be located only in the side or rear yard of the lot and not between the street and the building setback line. Any additional off-street parking over and above that required by Schedule B shall be limited to a designated driveway as defined in § 200-3. [Amended 9-12-2000 by L.L. No. 2-2000] 

E.   Commercial or industrial districts. Required off-street parking in commercial or industrial districts shall be located within 250 feet of the commercial or industrial use but not in any residence district, and, if such parking area abuts a dwelling or a residence district, the parking area shall be screened in accordance with § 200-18. 

F.   Computation of floor areas. Floor areas for the purposes of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service. 

G.  Travel-trailers or boats in residence districts. Parking or storage in residence districts of travel-trailers or boats out-of-doors shall be confined to the side or rear yard and not within five feet of any property line or in plain view facing a public street or highway.  [Amended 2-9-1976 L.L. No. 1-1976] 

H.  Commercial vehicles restricted in residence districts. Overnight parking or storage out-of-doors in any residence district of any vehicle licensed for commercial purposes shall be prohibited. 

I.    Parking lots for five or more vehicles; Planning Board approval. Off-street parking lots for five or more cars or trucks shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, pedestrian walkways, ingress and egress, and shall be developed as an integral part of an overall site design, and the plan shall be submitted to and approved by the Planning Board.

§ 200-21.  Off-street loading.

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 and shall be adequately screened if adjacent to a dwelling or a residential area. Such off-street loading space shall be logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. Any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.