Chapter 297

 

Chapter 297

ZONING

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 10-8-2001 by L.L. No. 3-2001.[1] Amendments noted where applicable.]  

GENERAL REFERENCES

 Animals — See Ch. 89.

 Unsafe buildings — See Ch. 105.

 Environmental quality review — See Ch. 135.

 Fire prevention and building construction — See Ch. 151.

 Housing standards — See Ch. 179.

 Property maintenance — See Ch. 223.

 Sewers — See Ch. 237.

 Sidewalks — See Ch. 240.

 Subdivision of land — See Ch. 260.

 Trailer parks — See Ch. 269.

 Trees — See Ch. 273.

  

Part 1

Scope and Application

ARTICLE I

Definitions and Word Usage

  • 297-1.1. Usage.

     A. Except where specifically defined, all words used in this chapter shall carry their customary meanings. The following rules shall apply to the text of this chapter:

(1)    Words in the present tense include the future;  

(2)    Words in the singular include the plural and the plural the singular;  

(3)    The word “shall” is intended to be mandatory;  

(4)    The word “lot” shall include the word “plot” or “parcel”;  

(5)    The word “person” shall include an individual, firm or corporation;  

(6)    The words “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied”;  

(7)    A building or structure includes any part;  

(8)    The word “and” indicates that all connected items, conditions, provisions or events shall apply;  

(9)    The word “or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination;  

(10)  The words “either…or” indicate that the connected items, conditions, provisions or events may apply singly but not in any combination.   

     B. Any question as to the precise meaning of any word used in this chapter may be appealed to the Zoning Board of Appeals and clarified under their powers of interpretation.

  • 297-1.2. Definitions.

For the purpose of this chapter, certain terms or words used shall be interpreted or defined as follows: 

ACCESSORY USE — A use customarily incidental and subordinate to the main use or building and located on the same lot. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.  

ACCESSORY BUILDING — A subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.  

ACCESSORY STORAGE BUILDING — A subordinate storage building located on the same lot with the main building, occupied by or devoted to storage (workshop or shed).  

ACCESSORY USE OF BUILDING — A use customarily incidental to the use of a building for dwelling purposes, not occupying more than 25% of the total aboveground floor area of the main building thereof, and including:  

     A. The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, accountant, architect, engineer or teacher residing on the premises, provided that there is no advertising display visible from the street other than a small professional nameplate. The above shall not be interpreted to include the office or place of business of a mortician.

     B. Customary home occupations, provided that there is no display of goods visible from the street, there is no exterior advertising, other than an unlighted sign not over two square feet in area, and that such occupation is conducted in the main building by a person or persons residing therein. Customary home occupations shall not be construed to include those which require the presence of the customer on the premises for the performance of the occupation or those which require the presence in the home of machinery or equipment normally associated with commercial or industrial activities.

ADULT BOOK/VIDEO/MEDIA STORE — An establishment having as its stock-in-trade, books, magazines, videos and other periodicals which are distinguished or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.  

ADULT ENTERTAINMENT FACILITIES — Means and refers to any one or more of the following: any adult/video/media store, including adult newsracks, adult bookstores, adult motion pictures, exotic cabarets and sexual devices stores. Such facility shall constitute an adult entertainment facility even though it may not derive a significant part of its revenues or may not have a significant portion of its stock-in-trade devoted to such facility or store. [Amended 7-26-2004 by L.L. No. 4-2004]  

ADULT HOME — A residential setting for five or more persons having rooms with residential services (meals, housekeeping, laundry, etc.) under twenty-four-hour supervision for assistance with activities of daily living provided by a person(s) working within the facility. A facility wherein the occupants, by virtue of age or physical disability, require such twenty-four-hour supervision.  

ADULT MOTION-PICTURE/VIDEO THEATER — An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by persons within the use.  

     A. SPECIFIED SEXUAL ACTIVITIES:

          (1)    Human genitals in a state of sexual stimulation or arousal;  

          (2)    Acts of human masturbation, sexual intercourse or sodomy;  

          (3)    Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.    

     B. SPECIFIED ANATOMICAL AREAS:

          (1)    Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola;  

          (2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.      

ADULT NEWSRACK — Any machine or device, whether coin-operated or not, which dispenses material which is distinguished or characterized by emphasis depicting, describing or relating to the specified sexual activities or specified anatomical areas defined in this article.  

AGRICULTURE — The production of crops or plants or vines or trees (excluding forestry operations).  

ALLEY — A public way having a right-of-way width of 20 feet or less.  

ANTENNA — A system of electrical conductors that transmits or receives radio frequency waves. Such waves shall include, but not be limited to, radio-navigation, radio, television and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.  

APPEAL — A request for a review of the Zoning Enforcement Officer’s interpretation of any provision of the Flood Damage Prevention Regulations or a request for a variance (applicable to Flood Damage Prevention Regulations only)[2]  

AREA OF SHALLOW FLOODING — A designated zone on a FEMA map with a one-percent-or-greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow (applicable to Flood Damage Prevention Regulations only).[3]  

AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within the Village subject to a one-percent-or-greater chance of flooding in any given area. This area is commonly referred to as the “base floodplain” or “100-year floodplain.” (applicable to Flood Damage Prevention Regulations only).[4]  

AREA, LAND — When referring to the required area per dwelling unit, net land area, the area exclusive of street and other public open space.  

AREA, TOTAL FLOOR — The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area of each floor level devoted to stairwells and elevator shafts.  

ASSISTED-LIVING FACILITY — A structure, which may include shared services and facilities, which is occupied by three or more persons and which is either designed principally for housing for the aged where specific age limits are prescribed by public or private regulatory or administrative agencies, or designed for occupancy by persons who, by reason of age, senility, dementia or physical capabilities, are dependent upon varying levels of nonmedical care or supervision. This term shall include, by way of illustration, enriched housing facilities regulated by New York State laws and/or regulations but shall exclude nursing homes, homes for prenatal care, convalescent homes, hospitals, clinics, mental health facilities, and similar institutions devoted primarily to the diagnosis and/or treatment of disease or injury.  

AUTO BODY REPAIR STATION — A business premises designed and used for the repair or refinishing of motor vehicles including painting and body work.  

AUTOMATIC COIN LAUNDRY AND/OR DRY CLEANER — A business premises equipped with individual clothes washing and/or cleaning machines for the principal use of retail customers.  

AUTOMOBILE SERVICE OR REPAIR STATION — A service station with at least one dispenser island or providing repair services, including, but not limited to, tune-ups, engine repair, brake work, muffler replacement, tire repair or similar activities.  

AUTOMOBILE OR TRAILER SALES AREA — An open area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done, except minor incidental repair of vehicles to be displayed, sold or rented on the premises.  

AUTOMOBILE WASH — An establishment for the washing of motor vehicles as a principal use.  

AUTOMOBILE WRECKING — The dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts.  

BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year (also called the “100-year flood”) (applicable to Flood Damage Prevention Regulations only).[5]  

BASEMENT — That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.  

BED-AND-BREAKFAST — Owner-occupied one-family dwelling used for providing short-term overnight accommodations (not to exceed 14 days) and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.  

BILLBOARD OR SIGNBOARD — Any structure, or portion, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes other than the name and occupation of the user of such premises or the nature of the business conducted on the such premises or the products primarily sold or manufactured, or any such structure or portion, the area of which, devoted to advertising purposes, exceeds 100 square feet.  

BLOCK — The length of a street between two street intersections.  

BOARDER — A person who pays rent for residence within a dwelling which is owner-occupied and for occupying for her or his exclusive use no more than one bedroom and one bathroom. There shall be no separate entrance from the outside to the room or rooms provided for a boarder. The owner of the dwelling must obtain a certificate of compliance for the rental of any room or rooms in accordance with Chapter 151, § 151-14 of the Code of the Village of Fredonia.  

BUILDING — Any structure constructed or used for residence, business, industry or other public or private purposes or accessory thereto, including, but not limited to, tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures, whether stationary or movable. [Amended 4-14-2003 by L.L. No. 2-2003]  

BUILDING, ALTERATION OF — Any change in supporting members of a building, except such changes as may be required for its safety, any addition to a building, any change in use from one district classification to another, or removal of a building from one location to another.  

BUILDING, FLOOR AREA — The sum of the gross horizontal area of the several floors, including the basement of a building and its accessory buildings on the same lot and including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.  

BUILDING, HEIGHT OF — The vertical distance measured from the mean of the highest and lowest exposed part of the foundation to the highest point of the roof.  

BUILDING, PRINCIPAL — A building, including covered porches, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed the principal building on the lot on which the same is situated.  

BULK STORAGE — The storage of chemicals, petroleum products and other materials in containers for subsequent resale to distributors or retail dealers or outlets.  

CABIN, HUNTING AND FISHING — A structure with accommodations for living and sleeping designed for seasonal occupancy and having a floor area of less than 400 square feet.  

CARNIVAL — An amusement show, usually traveling from place to place, having sideshows, Ferris wheels, merry-go-rounds, etc.  

CELLAR — That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.  

CEMETERY — Land used or intended to be used for the disposition and memorialization of dead human beings and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries when operated with, and within, the boundary of such cemetery.  

CENTER LINE OF STREET OR ROAD — A line midway between and parallel to two street or property lines or as otherwise defined by the Planning Board.  

CHURCH OR OTHER PLACE OF WORSHIP — See “religious institution.”  

CIRCUS — An exhibition of wild animals and acrobatic feats, together with sideshows and vending concessions.  

CLINIC, DENTAL — A structure designed for the practice of dentistry, in which nonresident patients are treated.  

CLINIC, MEDICAL — A structure designed for the practice of medicine, in which nonresident patients are treated.  

CLUB, PRIVATE — A social organization whose premises are restricted to its members and their guests.  

CLUBHOUSE — A building to house a club or social organization not conducted for profit and which is not adjunct to, or operated by, or in connection with, the public tavern, cafe or other public place.  

CLUSTER DEVELOPMENT — A form of development for residential development that permits a reduction in lot area requirements, provided there is no increase in the number of lots permitted under a conventional development and the resultant land area is devoted to open space.  

COMMERCIAL USE — Activity carried out for monetary gain.  

COMMERCIAL VEHICLE — All trucks, vans, construction equipment and limousines, bearing commercial license plates, which are in excess of three tons’ net weight or over one-ton capacity.  

CONVENIENCE STORE — A small shop or store (less than 5,000 square feet) offering for sale prepackaged food products, household items and other goods commonly associated with the same; such use shall not include gas islands or service.  

COURT — An unoccupied open space, other than a yard. An outer court is one that extends to the street or to the front or rear yard. An inner court is any other court.  

CRAWL SPACE — An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces that would be experienced during periods of flooding (applicable to Flood Damage Prevention Regulations only).[6]  

DAY-CARE CENTER — Daytime care or instruction of three or more children or elderly persons away from their homes for less than 24 hours per day, by an individual, association, corporation, institution or agency, whether or not for compensation or reward.  

DEVELOPMENT — Any person-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, minimizing, dredging, filling, grading, paving, excavation or drilling operations (applicable to Flood Damage Prevention Regulations only).[7]  

DRIVE-IN BUSINESS — Includes drive-in outdoor theaters, refreshment stands, banks and the like where patrons enter the premises and are served or entertained in automobiles. Deposit and pick-up services shall not be considered drive-in businesses as defined.  

DWELLING — A building, or portion, designed or used exclusively as the residence or sleeping place of one or more persons. The word “dwelling” shall not include bed-and-breakfasts, boardinghouses or rooming houses, tourist homes, motels, hotels or other structures designed for transient residence.  

DWELLING UNIT — One or more rooms designed for occupancy for cooking, living and sleeping purposes.  

DWELLING, SINGLE-FAMILY — A detached building containing one dwelling unit and designed or used exclusively for occupancy by one family.  

DWELLING, TWO-FAMILY — A building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.  

DWELLING, MULTIFAMILY — A building, or portion, containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.  

DWELLING, CONDOMINIUM, ROW HOUSE OR TOWNHOUSE — A dwelling accommodating or designed to accommodate a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of adjoining dwellings and are party and/or lot line walls.  

DWELLING, TWO-FAMILY ATTACHED — A building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouse, row or group homes.  

DWELLING, SEMI-DETACHED — A detached building containing two dwelling units separated by a party wall and lot line, each having one side yard.  

EDUCATIONAL INSTITUTION — An accredited college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, social or athletic activities, when located on the institution’s land that is not detached from land where classroom facilities are maintained.  

ELEVATED BUILDING — A non-basement building:  

     A. Built to have the top of the elevated floor or to have the bottom of the lowest horizontal structure member of the elevated floor (depending on flood zone) elevated above the ground level by means of pilings, columns (posts/piers) or shear walls parallel to the flow of the water; and

     B. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

     (Applicable to Flood Damage Prevention Regulations only)[8]             

 

ESSENTIAL FACILITIES — The operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment, storage and transmission facilities, pumping stations or similar facilities.  

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community (applicable to Flood Damage Prevention Regulations only).[9]  

EXOTIC CABARET — An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.  

EXPANSION TO AN EXISTING MANUFACTURED HOME OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) (applicable to Flood Damage Prevention Regulations only).[10]  

FACTORY — A building or group of buildings, usually with equipment, where goods are manufactured.  

FAIR — An occasional or periodic competitive exhibition of farm products and livestock, usually accompanied by amusement features and for which an admission fee is charged.  

FAMILY — The Village of Fredonia Board of Trustees hereby determines that it is its public policy to preserve the character and quality of life in the residential districts most of which are mainly comprised of one- and two-family dwellings on relatively small lots. It is also the policy of the Board of Trustees of the Village of Fredonia to maintain and preserve the character of the residential zones which are primarily devoted to traditional family lifestyles and to avoid disturbances which conflict with the stable environment of residential districts in the Village of Fredonia. It is also the public policy of the Board of Trustees of the Village of Fredonia to reduce the parking and traffic problems in the Village, to control population density, and to prevent noise and disturbance to the residents of the Village resulting from the overcrowding of dwelling units. The use of dwellings in residential districts as fraternities, sororities, boarding or rooming houses or similar uses or for occupancy of unrelated persons not constituting the functional equivalent of a traditional family is disruptive to those public policies. Accordingly, the Board determines that it is appropriate to include a definition of “family” in the Zoning Law and to establish a presumption that three or more unrelated persons living in a dwelling unit in an R-1 or R-2 District or four or more unrelated persons living in a dwelling unit in an R-3 District living in a single dwelling do not constitute the functional equivalent of a traditional family and to provide criteria to rebut that presumption. The term “family” shall mean:  

     A. In Residential R-1 Districts and Residential R-2 Districts, “family” shall mean:

          (1)    “Traditional family”; or  

          (2)    “Functional equivalent of a traditional family”; or  

          (3)    Two persons occupying a dwelling unit and living together as a single household unit with common use of all facilities comprising the dwelling unit.    

     B. In Residential R-3 Districts, “family” shall mean:

          (1)    “Traditional family”;  

          (2)    “Functional equivalent of a traditional family” as defined below; or  

          (3)    Two or three persons occupying a dwelling unit and living together as a single household unit with common use of all facilities comprising the dwelling unit.    

     C. “Traditional family” means one or more persons occupying a dwelling unit, all of whom are related by blood, marriage, or adoption.

     D. “Functional equivalent of a traditional family” means a group of persons living together in a single dwelling unit and functioning as a traditional family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods. It shall be presumptive evidence that three or more persons living in a single dwelling unit in an R-1 or R-2 District or four or more persons living in a dwelling unit in an R-3 District who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.

     E. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

          (1)    The group is one which in size, appearance, structure and function resembles a traditional family unit, which may include bona fide domestic servants employed at the premises on a full-time basis;  

          (2)    The occupants must share the entire dwelling unit and live together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;  

          (3)    The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses;  

          (4)    The premises are being occupied in strict accordance with all applicable health, safety and fire codes;  

          (5)    The group is permanent and stable. Evidence of such permanency and stability may include:  

               (a)     The presence of minor dependant children regularly residing in the household who are enrolled in local schools;  

               (b)     Members of the household have the same address for purposes of voter’s registration, driver’s license, motor vehicle registration and filing of taxes;  

               (c)     Members of the household are employed in the area;  

               (d)     The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;  

               (e)     Common ownership of furniture and appliances among the members of the household;  

               (f)      The group is not transient or temporary in nature;  

               (g)     Any other factor reasonably related to whether or not the group is the functional equivalent of a family.      

     F. Persons residing in a fraternity, sorority, clubhouse, boarding or rooming house, dormitory, motel/hotel or inn or any other similar residence or building shall not be considered a family or the functional equivalent of a traditional family.

FARM — Any parcel of land containing at least five acres, which is used in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes fur farms, commercial stables and dog kennels.  

FEDERAL EMERGENCY MANAGEMENT AGENCY — The federal agency that administers the National Flood Insurance Program (applicable to Flood Damage Prevention Regulations only).[11]  

FENCE — Any artificially constructed barrier or vegetation, such as a hedge with purpose or intent of preventing passage or view, thus providing privacy.  

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from:  

     A. The overflow of floodwater;

     B. The unusual and rapid accumulation or runoff of surface waters from any source;

     C. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which result in flooding as defined in this definition (applicable to Flood Damage Prevention Regulations only).[12]

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An official map of the community published by the Federal Emergency Management Agency as part of the community’s Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study (applicable to Flood Damage Prevention Regulations only).[13]  

FLOOD ELEVATION STUDY — An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards (applicable to Flood Damage Prevention Regulations only).[14]  

FLOOD HAZARD BOUNDARY MAP (FHBM) — An official map of the Village, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided (applicable to Flood Damage Prevention Regulations only).[15]  

FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of special flood hazards, the floodway and the risk premium zones applicable to the community (applicable to Flood Damage Prevention Regulations only).[16]  

FLOODPLAIN or FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from any source (applicable to Flood Damage Prevention Regulations only).[17]  

FLOODPROOFING — Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents (applicable to Flood Damage Prevention Regulations only).[18]  

FLOODWAY — The same meaning as “regulatory floodway” (applicable to Flood Damage Prevention Regulations only).[19]  

FLOOR AREA — See “area, total floor.”  

FLOOR AREA RATIO — The floor area of a building divided by the area of the lot that it occupies.  

FREIGHT TERMINAL — Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.  

FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities (applicable to Flood Damage Prevention Regulations only).[20]  

FUNERAL HOME — A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.  

GARAGE, PRIVATE — A detached accessory building or portion of a main building, used by the occupants of the premises, used exclusively for the parking or temporary storage of not more than three passenger motor vehicles. No business or service shall be permitted in a private garage. A private garage shall not exceed 600 square feet of floor area.  

GASOLINE STATION — Any premises where gasoline and other petroleum products are sold. This use will also include premises where light maintenance activities such as engine tune ups, lubrication, minor repairs or carburetor cleaning are conducted.  

GRADE, ESTABLISHED — The elevation of the center line of the streets as officially established by the Director of Public Works.  

GRADE, FINISHED — The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs.  

GROSS LEASABLE AREA — The total floor area for which the tenant pays rent and which is designed for the tenant’s occupancy and exclusive use.  

HIGH-TECH BUSINESSES  

     A. Emerging technology firms engaged in clean high-tech businesses, including research, development, service and wholesale sales. The uses shall not include any which create danger from fire, explosion, toxic or nontoxic matter, offensive noise, vibration, odor or other objectionable influences or hazards.

     B. High-tech business shall include the following, provided they do not create dangers listed above:

          (1)    Data processing and computer centers, including centers for programming and software development, and sales office (excluding on-premises retail sales).  

          (2)    Laser, fiber optic, wireless or digital technology applications, production and sales office (excluding on-premises retail sales).  

          (3)    Communications equipment, service, repair and research and sales office (excluding on-premise retail sales).  

          (4)    Information.  

          (5)    Medical laboratories engaged in genetic research, experimentation, demonstration, display or testing.  

          (6)    Research testing, design, development, and training for aerospace, telecommunications, automobiles, satellites, medical, computers, electronics and robotics research and development.  

          (7)    Any uses whose primary purpose is design of pilot or experimental products.  

          (8)    Office buildings, including accessory uses within the office building which are normally necessary and incidental thereto, the purpose of the building being to house executive, administrative, professional, accounting, writing, clerical, stenographic, drafting or sales related to the products developed in the district (excluding on-premises retail sales).       

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure (applicable to Flood Damage Prevention Regulations only).[21]  

HISTORIC STRUCTURE — Any structure that is:  

     A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

     B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

     C. Individually listed on a state or local inventory of historic places.

      (Applicable to Flood Damage Prevention Regulations only).[22]         

 

HOME OCCUPATION — An occupation for gain or support conducted only by members of a family residing in the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale, except as such may be produced by members of the immediate family on the premises. Customary home occupations shall not be construed to include those which require the presence of the customer on the premises for the performance of the occupation, or those which require the presence in the home of noxious machinery or equipment normally associated with commercial or industrial activities.  

HOSPITAL — An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including a sanatorium, and shall be limited to the treatment or other care of humans.  

HOSPITAL, ANIMAL or VETERINARY CLINIC — An establishment for temporary occupancy by sick or injured animals for the purpose of medical diagnosis and treatment and shall exclude the treatment or other care of humans.  

HOTEL — A dwelling containing 12 or more sleeping rooms in which lodging is provided and offered to the public for compensation. This definition shall not be construed to affect local or state licensing provisions.  

INDUSTRY — Includes the entire range of economic activity, and, as applied to specifics, i.e., manufacturing, wholesale, retail, services, etc., shall have the meaning set forth in the Standard Industrial Classification Manual, published by the Executive Office of the President, Bureau Of Management and Budget – 1988.  

JUNK STORAGE AREA — The area of any parcel of land intended to be used for the placement or storage of junk.  

JUNK VEHICLE  

     A. Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, mini-bike or snowmobile, or any other device originally intended for travel on the public highways, which meets any of the following conditions:

          (1)    Its registration has expired; and;  

          (2)    It is either abandoned, wrecked, stored, discarded, dismantled or partly dismantled or;  

          (3)    It is not in any condition for legal use upon the public highway.    

     B. With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk vehicle.

JUNKYARD  

     A. The outdoor storage or deposit of any of the following:

          (1)    Two or more junk vehicles;  

          (2)    Two or more abandoned mobile homes or recreational camping vehicles;  

          (3)    Two or more abandoned all-terrain vehicles or snowmobiles (as defined in the New York State Vehicle and Traffic Law);  

          (4)    Five or more inoperable appliances, including, but not limited to, lawn and garden machines, washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions;  

          (5)    Five and more inoperable pieces of equipment;  

          (6)    Collection and storage of any secondhand or used material which, taken together, equal in bulk volume of 2000 cubic feet or more;  

          (7)    Any combination of the above that totals five items.    

     B. This definition shall not be construed to include the on-premises storage and maintenance of motor vehicles, machinery and equipment used in the business of farming, logging or contracting. This definition shall not be construed to include the indoor parking and storage of motor vehicles in connection with a New York State licensed new and/or used car business or a bona fide motor vehicle repair business and the parking of no more than 10 vehicles in the process of waiting for repairs.

KENNEL — Any premises in or at which three or more dogs are kept for the purpose of sale, or in connection with boarding, caring or breeding for which a fee may or may not be charged.  

LOCAL ADMINISTRATOR — The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions (applicable to Flood Damage Prevention Regulations only).[23]  

LOT — A designated parcel or tract of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.  

LOT AREA — The total area within the lot lines of a lot, excluding any road rights-of-way.  

LOT, CORNER — A parcel of land at the junction of and fronting on two or more intersecting streets.  

LOT DEPTH — The mean horizontal distance between the front and rear lot lines.  

LOT FRONTAGE — The length of the front lot line measured at the road line.  

LOT FRONTAGE ON CIRCULAR ROADS — The length of the line measured by a line 15 feet back from and parallel to the chord of the lot frontage; the chord of the lot frontage is the straight line joining the two points where the side lot lines intersect the front lot line.  

LOT, INTERIOR — A lot other than a corner lot.  

LOT LINE — A line of record bounding a lot that divides one lot from another lot or from a public or private road or any other public space.  

LOT OF RECORD — A lot for which a valid conveyance has been recorded in the office of the County Clerk prior to the effective date of the Village of Fredonia Subdivision Law of the Village of Fredonia Village Code,[24] or is either part of a subdivision plat approved by the Planning Board and filed in the County Clerk’s office, or was exempt from the Village of Fredonia Subdivision Regulations at the time of recording with the County Clerk.  

LOT, THROUGH — An interior lot having frontage on two parallel or approximately parallel streets.  

LOT WIDTH — The distance between the side lot lines measured along the front building line as determined by the front yard requirement prescribed by this chapter.  

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Article XVIII (applicable to Flood Damage Prevention Regulations only).  

MAJOR EXCAVATION, GRADING OR FILLING — Any operation (other than in connection with foundations for a structure or highway construction) involving:  

     A. A volume of earth movement exceeding the average of one cubic foot per square foot of surface area or 1,000 cubic yards, whichever is the lesser; or

     B. A change in ground elevation from previously existing grades exceeding 10 feet.

MANUFACTURED HOME — A dwelling unit fabricated in an off site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is built in compliance with the federal Manufactured Home Construction and Safety Standards or US Department of Housing and Urban Development Code; a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  

MAXIMUM BUILDING COVERAGE — The maximum percentage of a lot to be covered by buildings.  

MAXIMUM LOT COVERAGE — The maximum percentage of a lot to be covered by buildings, structures, accessory uses and impervious materials.  

MEAN SEA LEVEL — For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) to which base flood elevations on the flood insurance rate are referenced (applicable to Flood Damage Prevention Regulations only).[25]  

METES AND BOUNDS — A method of describing the boundaries of land by directions and distances from a known point of reference.  

MOBILE HOME (also known as “sectional home”) — A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home shall be construed to remain a mobile home, subject to all regulations applying, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This definition shall not be construed to include homes known as “modular homes” bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.  

MOBILE HOME PARK — Land on which are located, or which is maintained or used by two or more mobile homes.  

MOBILE HOME SITE — An area of land in a mobile home park intended for the exclusive occupancy of a single mobile home.  

MODULAR HOME — A permanent single- or multifamily dwelling unit built in accordance with plans which have obtained an architectural stamp and seal under the NYS Building Code, which is brought to the building site as two or more units on a transport trailer. Modular dwelling units have no support frames as found on mobile homes, but instead are placed on a separate foundation. Modular dwelling units contain the same utility systems as conventional dwelling units. Modular dwelling units are not designed to be moved after they have been lifted and placed onto a permanent foundation.  

MOTEL or MOTOR COURT — A public inn containing not less than eight rental units with provisions for, but not limited to:  

     A. Automobile parking space to accommodate not less than one car per unit; and;

     B. Separate toilet facilities and hot and cold running water for each rental unit.

MOTOR FREIGHT TERMINAL — Any premises used by a motor freight company regulated by the Public Utility Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported for the purpose of storing, transferring, loading and unloading such goods.  

MOTOR VEHICLE SERVICE STATION — Any area of land, including structures, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting, body and fender work, or the dismantling or replacing of engines.  

MUSEUM — A building, place or institution devoted to the acquisition, conservation, study and exhibition of objects having scientific, historical or artistic value.  

NATIONAL GEODETIC VERTICAL DATUM (NGVD) — As correct in 1929, the vertical control used as a reference for establishing varying elevations within the floodplain (applicable to Flood Damage Prevention Regulations only).[26]  

NONCONFORMING — A lot of record, structure or use of land which lawfully existed prior to the enactment of this chapter or conformed to the regulations of the district in which it was located prior to the amendment of this chapter or which does not conform to the regulations of the district in which it is located following the enactment or amendment of this chapter.  

NURSERY SCHOOL — A school designed to provide daytime care or instruction for two or more children from two to five years of age inclusive and operative on regular basis.  

NURSING OR CONVALESCENT HOME — A proprietary facility, licensed or regulated by New York State, for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the laws of the State of New York.  

OCCUPANCY — The utilization of a building, structure or land.  

OCCUPANCY, SEASONAL — Occupancy for a period not exceeding four months.  

ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD — A flood which has a one-percent annual probability of being equaled or exceeded. The 100-year flood is identical to the “base flood,” which will be the term used throughout this chapter.  

OPEN SPACE — An unoccupied space open to the sky, required by the terms of this chapter.  

PARKING AREA, PRIVATE — An unroofed, off-street area used as a private garage.  

PARKING AREA, PUBLIC — An unroofed, off-street area used for the temporary storage of self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.  

PARKING, OFF-STREET — A parking space located entirely within property lines and not within any public or private right-of-way.  

PAVED — Use of blacktop, asphalt, concrete or other similar substance to create a smooth surface, including bituminous penetration, but not the use of dirt, slag or crushed stone.  

PERMIT — Any building, zoning or other permit, including a special use permit, required to be issued by the Zoning Enforcement Officer or the Zoning or Planning Board in accordance with these regulations as a condition precedent to use, development, construction or other action dealing with real property in the Village.  

PET GROOMING ESTABLISHMENT — A personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This term shall not include establishments that board pets or provide pet day care. Such pets are allowed at the pet grooming establishment for the time it takes to groom the animal but in all cases no longer than six hours. [Added 4-3-2006 by L.L. No. 1-2006]  

PLANNED UNIT DEVELOPMENT — A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.  

PLAT — A map of a subdivided tract of land showing the boundaries and location of individual properties and roads.  

PORCH, OPEN — A porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash. A structure having a driveway running to it, under it or through it shall not be considered to be an open porch.  

PRINCIPALLY ABOVE GROUND — At least 51% of the actual cash value of the structure, excluding land value, is above ground (applicable to Flood Damage Prevention Regulations only).[27]  

PRIVATE CLUB — See “club, private.”  

PROFESSIONAL OFFICE — Offices and related spaces of a single business establishment for use as professional services as provided by medical practitioners, attorneys, architects, engineers, real estate, insurance sales, offices of brokers, musicians, dressmakers, hair dressers, tailors and similar professions.  

PUBLIC AND SEMI-PUBLIC FACILITY — Any one or more of the following uses, including grounds and accessory buildings necessary for their use: playgrounds and recreational areas, public cemeteries, schools, public libraries, fire, civic buildings, public meeting halls and community centers.  

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING — A lot or land, or part, used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building or highway construction.  

RECREATIONAL VEHICLE — A vehicle which is:  

     A. Built on a single chassis;

     B. Four hundred square feet or less when measured at the largest horizontal projections and not over 320 square feet in towage mode;

     C. Designed to be self-propelled or towed;

     D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provide in Article XVIII (applicable to Flood Damage Prevention Regulations only).[28]  

RELIGIOUS INSTITUTION — A church, synagogue or temple and minor accessory uses, but not including parish houses.  

RIDING ACADEMY — Any establishment where horses are kept for riding or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.  

ROAD — See “street.”  

ROADSIDE STAND — A stall or booth for business that shall be limited to the sale of farm products.  

SANITARIUM, SANATORIUM — A private hospital, whether or not such a facility is operated for profit.  

SATELLITE TELEVISION RECEIVING STATION/ANTENNA — An accessory structure capable of receiving or sending, for the sole benefit of the principal user, radio or television signals from a transmitter/receiver, or transmitter relay located in planetary orbit.  

SCHOOL — Any place of instruction in any branch of knowledge.  

SCHOOL, ELEMENTARY — Any school having regular sessions with regularly employed instructors who teach those subjects that are fundamental and essential in general education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a private corporation meeting the requirements of the state.  

SCHOOL, SECONDARY — Same as “elementary school,” except education provided.  

SCHOOL, VOCATIONAL — Any schools having regular sessions with regularly employed instructors who, as a principal activity, provide training in a trade or vocation and teach those subjects that are fundamental and essential in elementary or secondary education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the state.  

SETBACK — The distance between a lot line, road line or the mean high water line of a body of water and a particular development feature of a lot such as a building, structure, on-site sewage system component or parking area.  

SEXUAL DEVICES STORE — An establishment having as part of or all of its stock-in-trade any items or clothing designed to cause or enhance sexual stimulation, and may be part of any adult/video/media store. [Added 7-26-2004 by L.L. No. 4-2004]  

SHELTER — A facility that, in addition to providing food and shelter to a defined population, provides guidance or counseling services. Such services are a primary function of the facility.  

SHOPPING CENTER — A grouping of retail business and service uses on a single site with common parking facilities.  

SIGN — Any material, structure or device, or part, composed of lettered or pictorial matter which is located out of doors, or on the exterior of any building, or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public. Signs will include, but not be limited to, business signs, real estate signs, home occupation signs, political signs, pennants, etc.  

SIGN AREA — The surface contained within a single continuous perimeter which encloses the entire sign cabinet but excluding any support or framing structure that does not convey a message. Where signs are of a three-dimensional round, or other solid shape, the largest cross section viewed as a flat projection shall be used for the purpose of determining the sign area. Double-sided signs shall be considered one sign, and total sign area shall be calculated from one face. [Added 4-23-2012 by L.L. No. 1-2012]  

SITE — Any area of land to be used, developed or built upon as a unit.  

SPECIAL USE PERMIT — A permit for special uses which requires review and approval of the Planning Board prior to the issuance of a special permit by the Planning Board or a zoning permit by the Zoning Enforcement Officer.  

STABLE, PRIVATE — An accessory building in which horses are kept for private use and not for hire, remuneration or sale.  

STABLE, PUBLIC — A building in which horses are kept for remuneration, hire or sale.[29]  

STORY — That portion of a building, including a basement, between the surface of any floor and the surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof.  

STORY, HALF — That part of a building between a pitched roof and the uppermost full story, having a ceiling height of seven feet or more for not exceeding 1/2 the floor area of such full story. For purposes of side yard determination, a basement shall be counted as a half story.  

STREET — A public way established by or maintained under public authority, a private way open for public use and a private way plotted or laid out for ultimate public use, whether or not constructed.  

STREET LINE — The right-of-way line of a street as indicated by dedication or by deed of record.  

STRUCTURE — Any facility constructed or used for residence, business, industry or other public or private purposes or accessory thereto, including but not limited to tents, lunch wagons, dining cars, mobile homes, billboards, signs, swimming pools, tennis courts and storage buildings, whether stationary or moving.  

SUBSTANTIAL IMPROVEMENT  

     A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

          (1)    Before the improvement or repair is started; or  

          (2)    If the structure has been damaged, and is being restored, before the damage occurred.    

     B. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include:

          (1)    Any project for improvement of a structure to comply with existing state/local health, sanitary/safety code specifications solely necessary to assure safe living conditions.  

          (2)    Any alteration of a structure listed on the National Register of Historic Places (applicable to Flood Damage Prevention Regulations only).[30]      

SWIMMING POOL — Any body of water (excluding natural bodies of water fed by rivers, streams or brooks) or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing and constructed, installed or maintained in or on the ground outside any building.  

TELECOMMUNICATIONS TOWER — A structure on which a transmitting and/or receiving antenna(e) is located.  

THEATER — A building or part of a building devoted to presenting entertainment on a paid-admission basis.   

TRADE, VOCATIONAL OR INDUSTRIAL SCHOOL — School conducted as a commercial enterprise for teaching barbering or hairdressing or for teaching industrial skills in which machinery is employed as a means of instruction.  

TRAILER, BOAT — A vehicle designed exclusively for the transportation of one boat of less than ten-foot beam and twenty-four-foot length.  

TRAILER, CAMP — Same as definition of “recreational vehicle.”  

TRAILER, CARGO — A vehicle not over 70 square feet in floor area used for the hauling of cargo.  

TRANSIENT GUEST — A guest whose stay is temporary and does not exceed 30 days.  

USE, PRINCIPAL — The primary or predominant use of any lot.  

VARIANCE — A grant of relief from the requirement of this chapter that permits construction or uses in a manner that would otherwise be prohibited by Article XVIII (applicable to Flood Damage Prevention Regulations only).[31]  

YARD — An open space on the same lot with a building or structure.  

YARD, FRONT — An open space extending across the entire width of the front lot between the building line or front main wall of a building and the property line (street or road right-of-way), and into which space there shall be no extension of building parts other than steps, open porches (not to exceed 5 feet from the main front building line), eaves, cornices. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. [Amended 4-14-2003 by L.L. No. 2-2003]  

YARD, REAR — An open space extending the full width of the lot between the rear-most main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the rear lot line and the rear of such main building. [Amended 4-14-2003 by L.L. No. 2-2003]  

YARD, SIDE — An open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of a side yard shall be measured horizontally from the nearest part of the main building. An interior side yard is any side yard not on the street side of a corner lot.   

ARTICLE II

Title and Purpose

  • 297-2.1. Purpose.

The purpose of this Zoning Law is to provide for the orderly growth in the Village of Fredonia in accordance with the Village’s Comprehensive Plan, as may be amended by this Zoning Law and Map. The Zoning Law offers guidance on the use, height and bulk of uses; areas have been designated for residential, commercial and industrial growth. This protects the overall character of the Village, develops cohesive neighborhoods and minimizes conflicts among land uses. The Zoning Law is developed to: 

     A. Secure safety from fire, flood and other dangers;

     B. Provide adequate light, air and outdoor uses to include public, common and private open space areas;

     C. Prevent overcrowding of land and ensure structure and land use arrangements are aesthetically harmonious to surrounding areas and structures;

     D. Avoid undue concentration of population or sparse, uncoordinated development;

     E. Facilitate the adequate provision of transportation, water, sewer, schools, parks and other public services;

     F. Protect the character and values of residential, institutional, public, business, commercial and industrial uses and to ensure their orderly and beneficial development;

     G. Regulate the location of buildings and intensity of uses in relation to streets to ensure minimal interference with and by traffic movements, reduce congestion on Village streets and improve public safety;

     H. Preserve and protect significant natural features and vegetation, thereby preventing ecological damage and visual blight which occur when those features or vegetation are eliminated or substantially altered to serve development purposes only;

     I. Accommodate solar energy systems and equipment and access to necessary sunlight;

     J. Promote the health, safety and general welfare of the general public.

  • 297-2.2. Title.

     A. This chapter shall be known as “The Village of Fredonia Zoning Law for the Village of Fredonia in the County of Chautauqua, State of New York.”

     B. This Zoning Law has been made with consideration, among other things, for the character of each district and its suitability for specific uses, conserving the property values and the direction of building development, enhancing the value of land and encouraging the most appropriate use of land throughout the Village of Fredonia.

  • 297-2.3. When effective.

This chapter shall be effective upon the filing thereof in the office of the Secretary of State of the State of New York as provided by the Municipal Home Rule Law of the State of New York. 

  • 297-2.4. Compliance required; revocation of building permits; interpretation.

     A. No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located.

     B. All building permits issued prior to the effective date of this chapter which are in violation of this chapter are hereby revoked, unless substantial construction has commenced prior to the effective date pursuant to a valid building permit.

     C. Wherever the requirements of this chapter are at variance with the requirements of any other applicable law or ordinance, the more restrictive or that imposing the higher standard shall govern.

     D. In interpreting and applying the provisions of this chapter, its provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare.

     E. Titles and headings have been inserted for convenience of reference and are not intended to define or limit the scope of or otherwise affect any provision in this chapter.

  • 297-2.5. Repeal of existing chapter.

Unless otherwise provided in this chapter, Chapter 297 of the Code of the Village of Fredonia (Zoning Law and Map), the Zoning Ordinance and Zoning Map of the Village of Fredonia enacted in 1938, the Amended Zoning Ordinance and Zoning Map of the Village of Fredonia enacted September 8, 1969, and all other amendments thereto are hereby repealed on the effective date of this new Chapter 297. 

  • 297-2.6. Comprehensive Plan.

     A. The Planning Board of the Village of Fredonia, on January 19, 1994, adopted a Comprehensive Plan in accordance with § 7-722 of the Village Law. The Board of Trustees has reviewed the Comprehensive Plan extensively and the Board of Trustees has substantially followed the Comprehensive Plan; however, a few provisions of this chapter may not have been contemplated by the Comprehensive Plan. This Chapter has been enacted after considerable discussions and deliberations and meetings with members of the Board of Trustees of the Village of Fredonia, Village of Fredonia Planning Board and Zoning Board since 1994 with the objective of controlling land for the benefit of the entire Village of Fredonia. Some of the provisions not contemplated by the Comprehensive Plan but which are included in this chapter are areas for assisted-care facilities and high-tech uses. Also, additional areas have been designated R-1 Residential Districts to take into account areas which have become predominantly single-family homes and to preserve the character of areas containing older architecturally significant homes along Central Avenue and Temple Street. The Comprehensive Plan and the changes to the Comprehensive Plan made by this chapter are in accordance with a Comprehensive Plan designed to promote and enhance the growth and development of the Village of Fredonia, preserve the character of existing neighborhoods and protect the health, safety and welfare of the residents of the Village of Fredonia.

     B. Pursuant to the authority granted to local governments by § 10(1)(ii)(e)(3) of the Municipal Home Rule Law of the State of New York, any provision of § 7-700 or 7-722 of the Village Law of the State of New York which might impose any additional requirements on the Village of Fredonia as a condition to the adoption of this chapter is hereby specifically superseded in its application to the Village of Fredonia.

  • 297-2.7. Severability.

If any portion of this chapter is for any reason held to be unconstitutional or otherwise unenforceable, such determination shall not affect the validity of the remaining portions of this chapter. The enacting body declares that it would have, and does approve and enact each subsection, subdivision, paragraph, sentence, clause and phrase, irrespective of the fact that any one or more portions be held unconstitutional or otherwise unenforceable.   

Part 2

Zoning Districts and Requirements

ARTICLE III

Zoning Districts Established

  • 297-3.1. Establishment of districts.

For purpose of this chapter, the Village is hereby divided into the following new classes of districts:

R-1 District Single-Family Residential District
R-2 District General Residential District
R-3 District Multiple-Family Residential District
C-1 District General Business District
C-2 District Highway Business District
M-1 District Light Industrial District
O-S District Open Space District

 

 

  • 297-3.2. Zoning Map. [32]

The boundaries of the zoning districts are hereby established on a map entitled “Zoning Map of the Village of Fredonia,” dated July 2001, which is on file in the office of the Village Clerk and is hereby declared to be a part of this chapter. The Zoning Map shall show the date of the enactment of this chapter from which this chapter was derived and of each subsequent amendment to said map. A copy of said map shall also be filed and kept up to date in the office of the Zoning Enforcement Officer. 

  • 297-3.3. District boundaries.

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning Map, the following rules shall apply: 

     A. Where the designation on the Zoning Map indicates a boundary approximately upon a road, the center line of the road shall be construed to be the boundary;

     B. Where the designation on the Zoning Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary;

     C. The Zoning Map is based on the Village of Fredonia Tax Map as of July 25, 2001, from the Chautauqua County Tax Map Department. The Tax Map of July 25, 2001, should be referred to for clarification of property boundaries, street center lines, and the center lines of Canadaway Creek as they relate to the zoning districts.

     D. Agricultural districts established in accordance with Article 25-AA of the Agriculture and Markets Law are recognized by this chapter. The activities allowed by said article are permitted by this chapter except as follows: no livestock, sales of livestock or livestock products shall be permitted in any such District. Any alteration or expansion of agricultural activities shall be by special use permit as provided by this chapter. These exceptions are necessary to protect the health and safety of residences and business which are in close proximity to said Districts.

  • 297-3.4. Contiguous parcels.

When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one lot for such use.  

ARTICLE IV

R-1 Single Family Residential District

  • 297-4.1. Purpose.

The R-1 District is designed to provide for the development of neighborhoods that are occupied primarily by single-family residences. The areas designated R-1 District will result in neighborhoods that provide opportunities for larger yards and larger houses. The following regulations shall apply in all R-1 Districts in the Village of Fredonia. 

  • 297-4.2. Permitted uses and structures.

The following are permitted uses: 

     A. Single-family dwelling.

  • 297-4.3. Accessory uses.

The following are the accessory uses, building and structures permitted in the R-1 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. Not more than one of each of the following: accessory storage building, private detached garage, carport, gazebo, patio cover and pool house;

     B. Off-street parking for residents and guests of the principal use. (See Article XIX, § 297-19.3);

     C. Not more than one commercial vehicle; however, commercial vehicles over three tons’ net weight or one-ton capacity are prohibited;

     D. Private family swimming pools as regulated in Article XXI, § 297-21.20, and/or tennis courts, not operated for gain and not operated by a not-for-profit organization;

     E. Not more than one from any two of the following subsections owned by the occupant of the premises and used for personal use only (stored behind the main front building line):

          (1)    Camp trailer stored in travel mode (but not mobile homes as defined in Article I, Definitions);  

          (2)    Cargo trailer;  

          (3)    One boat/trailer;  

          (4)    Recreational vehicle;   

     F. Signs subject to the provisions of Article XVI, Sign Restrictions;

     G. Not more than one satellite television receiving station/antenna subject to the provisions of Article XXI, § 297-21.17, Supplemental regulations;

     H. Fences, walls and hedges subject to the provisions of Article XXI, § 297-21.8, Supplemental regulations;

     I. Other uses and structures that are customarily incidental and clearly subordinate to permitted uses;

     J. Not more than 1 (one) accessory use of a building as defined by Article I;

     K. Not more than one boarder as defined by § 297-1.2 of this chapter.

  • 297-4.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-4.4.1 of this article: 

     A. Churches and other religious institutions;

     B. Municipal facilities, including the following municipally owned facilities: parks, recreational areas, cemeteries, schools, libraries, safety buildings, meeting halls and community centers;

     C. Any form of commercial agriculture or horticulture, excluding commercial greenhouses for retail sales.

  • 297-4.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-4.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-4.4 shall be permitted uses without site plan review. 

  • 297-4.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. Essential facilities.

  • 297-4.6. Lot, area and yard requirements. [33]

The following lot, area and yard requirements apply to the R-1 District: 

     A. Lot requirements.

  Use Minimum Lot Frontage Along Side of Street
(feet)
Minimum Lot Frontage at Building Line
(feet)
  Single-family 30 80
  Other uses 70 80
 

 

 

     B. Area requirements.

          (1)    Minimum lot area: 10,000 square feet.

              NOTE: Minimum land area of a lot shall not apply to prevent the construction of a one-family dwelling on a lot existing prior to the date of enactment and not adjoined at the side by other unoccupied land in the same ownership having an area of not less than 6,000 square feet of unoccupied land and a width at the front building line of not less than 60 feet.              

 

          (2)    Maximum building coverage: 35%.  

          (3)    Maximum lot coverage: 50%.   

     C. Yard requirements.

  Use Minimum Front Yard Depth
(feet)
Minimum Side Yard
(feet)
Minimum Combined Width of Two Side Yards
(feet)
Minimum Rear Yard
(feet)
  Single-family 1 7.5 20 25
  Accessory use   7.5 20  
  Other uses 50 15 50 50
  Accessory uses   7.5 20 7.5
  1NOTE: Average front yard depth of building(s) within 200 feet or 30 feet, whichever is less, but in no case more than 5 feet larger than the average of the front yard depth on buildings on the two adjacent lots.
 

 

 

     D. Corner lots. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 90 feet. Additional yard requirements, for both yards abutting streets, shall be determined as provided in this chapter. Both yards abutting streets shall be considered front yards.

  • 297-4.7. Buildings. [34]

The following requirements apply to buildings constructed in the R-1 District: 

     A. Height.

  Use Maximum Building Height
(stories)
  Single-family 2, not to exceed 35 feet
  Other uses 2, not to exceed 35 feet
  Accessory uses 1, not to exceed 18 feet
 

 

 

     B. Floor area.

          (1)    Single-family.  

               (a)     Minimum floor area, one-story dwelling: 900 square feet.  

               (b)     Minimum floor area, two-story dwelling: 800 square feet, main floor.    

          (2)    Accessory use.  

               (a)     Maximum floor area, accessory building and accessory storage building: 800 square feet. [Amended 4-14-2003 by L.L. No. 2-2003]       

  • 297-4.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the R-1 District in the Village of Fredonia.

 

 

Lot, Area, Yard and Building Requirements Diagram R-1 Single-Family Residential District (for illustrative purposes only)

 

 

 

ARTICLE V

R-2 General Residential District

  • 297-5.1. Purpose.

The R-2 District is established to provide for the development of residential neighborhoods that include a mixture of single- and two-family housing and complementary services. Lot sizes are generally smaller than the R-1 District to accommodate the smaller housing types that are allowed in the R-2 District. Limited types of commercial uses are allowed in the District to ensure the residential character is protected and enhanced. The following regulations shall apply in all R-2 General Residential Districts in the Village of Fredonia. 

  • 297-5.2. Permitted uses and structures.

The following are permitted uses: 

     A. All uses permitted in the R-1 District under § 297-4.2.

     B. Two-family attached or semi-detached dwellings.

  • 297-5.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the R-2 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. All accessory uses permitted in the R-1 District under § 297-4.3.

  • 297-5.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-5.4.1 of this article: 

     A. All uses permitted subject to site plan review in the R-1 District under § 297-4.4;

     B. Row or townhouse dwellings or multiple-family dwellings;

     C. Accessory use of building;

     D. Assisted-living facility.

  • 297-5.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-5.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-5.4 shall be permitted uses without site plan review. 

  • 297-5.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. All uses permitted subject to special permits in the R-1 District under § 297-4.5.

     B. Bed-and-breakfasts.

  • 297-5.6. Lot, area and yard requirements. [35]

The following lot, area and yard requirements apply to the R-2 District: 

     A. Lot requirements. [Amended 4-14-2003 by L.L. No. 2-2003]

  Use Minimum Lot Frontage
(feet)
Minimum Lot Frontage at Building Line
(feet)
  Single-family and two-family 25 70
  Other dwellings and other residential uses 25 90
  Other uses 70 90
 

 

 

     B. Area requirements.

(1)    Minimum lot area.

  Use Minimum Lot Area
(square feet)
  Single-family 9,000
  NOTE: Minimum land area of a lot shall not apply to prevent the construction of a one-family dwelling on a lot existing prior to the date of enactment and not adjoined at the side by other unoccupied land in the same ownership having an area of not less than 6,000 square feet of unoccupied land and a width at the front building line of not less than 60 feet.
  Two-family 10,000
  Multiple-family 4,000 per dwelling unit
  Other residential uses 2,500 per sleeping unit
  Other uses 9,000
 

 

 

          (2)    All uses.  

               (a)     Maximum building coverage: 35%.  

               (b)     Maximum lot coverage: 50%.     

     C. Yard requirements. [Amended 4-14-2003 by L.L. No. 2-2003]

  Use Minimum Front Yard Depth
(feet)
Minimum Side Yard
(feet)
Minimum Combined Width of Two Side Yards
(feet)
Minimum Rear Yard
(feet)
  Single-family and two-family 1 7.5 20 25
  Other residential uses 50 15 50 50
  Accessory use   7.5 20 7.5
  1NOTE: Average front yard depth of building(s) within 200 feet or 30 feet whichever is less but in no case more than 5 feet larger than the average of the front yard depth on buildings on the two adjacent lots.
 

 

 

     D. Corner lots. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 80 feet. Additional yard requirements, for both yards abutting streets, shall be determined as provided in this chapter. Both yards abutting streets shall be considered front yards.

  • 297-5.7. Buildings. [36]

The following requirements apply to buildings constructed in the R-2 District: 

     A. Height.

  Use Maximum Building Height
(stories)
  Single-family and two-family 2, not to exceed 35 feet
  Multiple-family 3, not to exceed 40 feet
  Other uses 3, not to exceed 40 feet
  Accessory use 1, or 18 feet
 

 

 

 

     B. Floor area. [Amended 4-14-2003 by L.L. No. 2-2003]

 

  Type of Dwelling Minimum Floor Area
(square feet)
Maximum Floor Area
(square feet)
  One-story 800  
  Two-story, main floor 720  
  Two-family or multiple- family, per unit 500  
  Other residential uses (includes bath, but not common areas) Per single sleeping unit 200  
  Per double sleeping unit 300  
  Other dwellings, per unit 500  
  Accessory building and accessory storage building   800

 

 

  • 297-5.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the R-2 District in the Village of Fredonia.

 

 

Lot, Area, Yard and Building Requirements Diagram R-2 General Residential District (for illustrative purposes only)

 

 

ARTICLE VI

R-3 Multiple-Family Residential District

  • 297-6.1. Purpose.

The R-3 District is established to provide for uses similar to those of the R-2 District but with higher densities. The R-3 District is designed to provide for the development of neighborhoods that include a mixture of all housing types, neighborhood commercial and complementary uses. While the residential character of the R-3 District is protected by the standards in this article, commercial uses and activities are located in or near the District to service the higher concentration of population. In the R-3 District, lots are generally smaller and housing types are more varied. Commercial uses that do not diminish the quality of the neighborhood are also allowed in the R-3 District. The following regulations shall apply in all R-3 Districts in the Village of Fredonia. 

  • 297-6.2. Permitted uses and structures.

The following are permitted uses: 

     A. All uses permitted in the R-2 District under § 297-5.2.

  • 297-6.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the R-3 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. All accessory uses permitted in the R-2 District under § 297-5.3.

  • 297-6.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-6.4.1 of this article: 

     A. All uses permitted subject to site plan review in the R-2 District under § 297-5.4;

     B. Public garage;

     C. Nursing home;

     D. Mobile home park under § 297-21.12;

     G. Convenience stores with no gasoline service;

     H. Professional offices for doctors, dentists, or other health care practitioners, accountants, lawyers, architects and engineers.

  • 297-6.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-6.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-6.4 shall be permitted uses without site plan review. 

  • 297-6.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. All uses permitted subject to special permits in the R-2 District under § 297-5.5;

     B. High-tech business.

  • 297-6.6. Lot, area and yard requirements. [37]

The following lot, area and yard requirements apply to the R-3 District: 

A. Lot requirements.

  Use Minimum Lot Frontage
(feet)
Minimum Lot Frontage at Building Line
(feet)
  Single-family 25 60
  Two-family Multiple-family and other residential uses 25 25 75 75
  Other uses 60 90
B. Area requirements.

(1) Minimum lot area.

  Use Minimum Lot Area
(square feet)
  Single-family 6,000
  Two-family 9,000
  Multiple-family 3,500 per dwelling unit
  Other residential uses 2,500 per sleeping unit
  Other uses 6,000
(2) All uses.

(a) Maximum building coverage: 35%.
(b) Maximum lot coverage: 50%.
C. Yard requirements. [Amended 4-14-2003 by L.L. No. 2-2002]

  Use Minimum Front Yard Depth
(feet)
Minimum Side Yard
(feet)
Minimum Combined Width of Two Side
(feet)
Minimum Rear Yard
(feet)
  Single-family 1 7.5 20 25
  Other residential uses 50 15 50 50
  Other uses 50 15 50 50
  Accessory use   7.5 20 7.5
  1NOTE: Average front yard depth of building(s) within 200 feet or 30 feet, whichever is less, but in no case more than 5 feet larger than the average of the front yard depth on buildings on the two adjacent lots.
D. Corner lots. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 70 feet. Additional yard requirements, for both yards abutting streets, shall be determined as provided in this chapter. Both yards abutting streets shall be considered front yards.

 

  • 297-6.7. Buildings.

The following requirements apply to buildings constructed in the R-3 District: 

     A. Height.

  TABLE I
  Use Maximum Building Height
(stories)
  Single-family and two-family 2, not to exceed 35 feet
  Multiple-family 5 or 55 feet, whichever is greater
  Other residential uses 3, not to exceed 40 feet
  Other uses 3, not to exceed 40 feet
 

 

 

     B. Floor area. [Amended 4-14-2003 by L.L. No. 2-2002]

  Type of Dwelling Minimum Floor Area
(square feet)
Maximum Floor Area
(square feet)
  One-story 800  
  Two-story, main floor 720  
  Two-family or multiple- family, per unit 500  
  Other dwellings, per unit 500  
  Other residential uses (includes bath, but not common areas) Per single sleeping unit Per double sleeping unit 200 300  
  Accessory building and accessory storage building   800

 

 


  • 297-6.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the R-3 District in the Village of Fredonia.

Lot, Area, Yard and Building Requirements Diagram R-3 Multiple-Family Residential District (for illustrative purposes only)

 

 

 

ARTICLE VII

C-1 – General Business District

  • 297-7.1. Purpose.

The C-1 District is established to provide districts to accommodate general retail, service, finance, insurance and real estate and related structures and uses. The C-1 District often surrounds or is adjacent to the residential districts to ensure the population in the Village is serviced; this includes the central business district surrounding Barker Commons. Under usual circumstances, these districts will be established only in areas served by public water and sewage disposal facilities. The following regulations shall apply in the C-1 District. 

  • 297-7.2. Permitted uses and structures. [Amended 4-14-2003 by L.L. No. 4-2003]

The following are permitted uses: 

     A. All uses permitted in the R-3 District under § 297-6.2, except dwelling, dwelling unit, bed-and-breakfast, rooming house or boardinghouse, or any other residential use shall be prohibited on the first floor of any building.

  • 297-7.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the C-1 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. All accessory uses permitted in the R-3 District under § 297-6.3.

     B. Off-street parking, subject to the applicable provisions of Article XIX (Parking, Loading, Stocking Requirements) of this chapter. [Added 4-14-2003 by L.L. No. 3-2003]

  • 297-7.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-7.4.1 of this article: 

     A. All uses permitted subject to site plan review as outlined in Article XII, Site Plan Review; except dwelling, dwelling unit, bed-and-breakfast, rooming house or boardinghouse, or any other residential use shall be prohibited on the first floor of any building. [Amended 4-14-2003 by L.L. No. 2-2003]

     B. Professional offices (e.g., attorneys, engineers, researchers, business management consultants, data processing consultants, decorators, counselors, psychologists, etc.) and administrative and executive office buildings, facilities and uses;

     C. Barbershops and beauty parlors;

     D. Florists, greenhouses and nurseries;

     E. Hotel;

     F. Dance, art, music or photo studio;

     G. Book, videocassette rental, stationery and art supply stores;

     H. Tobacco, magazine, photo processing and camera shops;

     I. Gift, boutique, jewelry, novelty, greeting card and poster shops;

     J. Hobby and handicraft shops;

     K. Antique and second-hand shops;

     L. Nursery school, day-care center;

     M. Restaurants, excluding drive-in restaurants, but including restaurants with outdoor patios;

     N. Custom shops for woodworking;

     O. Hardware store, implement and tool rental, sales, storage and service;

     P. Ice cream parlor;

     Q. Taverns/bars/nightclubs;

     R. Bakery shops;

     S. Candy kitchen;

     T. Clothing, shoes or other retail sales operations;

     U. Commercial swimming pools or health clubs;

     V. Indoor recreation uses such as bowling alleys or tennis courts;

     W. Automatic coin laundry and/or dry cleaning;

     X. Sporting goods, bicycle and toy stores;

     Y. Trophy, stamp and coin, jewelry and watch shops;

     Z. Drug stores, pharmacies and optical shops;

     AA. Electronic equipment stores;

     BB. Medical and dental offices;

     CC. Furniture stores;

     DD. Appliance stores;

     EE. Trade or industrial school;

     FF. Theaters;

     GG. Mortuaries or funeral homes;

     HH. Liquor stores;

     II. Clubs and clubhouses;

     JJ. Banks;

     KK. Shopping centers;

     LL. Pet grooming establishment. [Added 4-3-2006 by L.L. No. 1-2006]

  • 297-7.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-7.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-7.4 shall be permitted uses without site plan review. 

  • 297-7.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. All uses permitted subject to special permits in the R-3 District under § 297-6.5;

     B. Amusement enterprises not conducted within a completely enclosed building, including a carnival or circus.

  • 297-7.6. Lot, area and yard requirements. [38]

The following requirements apply to the C-1 District: 

     A. Lot requirements.

          (1)    Residential. All buildings solely intended for residential use constructed after October 8, 2001, shall comply with the lot requirements of the R-3 District. [Amended 4-14-2003 by L.L. No. 2-2003]  

          (2)    Other uses.  

               (a)     Minimum lot frontage: 40 feet.  

               (b)     Minimum lot area: 4,000 square feet.  

               (c)     Maximum lot coverage: 80%.     

     B. Yard requirements.

          (1)    Residential. All buildings solely intended for residential use constructed after October 8, 2001, shall comply with the lot requirements of the R-3 District. [Amended 4-14-2003 by L.L. No. 2-2003]  

          (2)    Other uses.  

               (a)     Minimum front yard depth: average front yard depth of building(s) within 100 feet or five 5 feet, whichever is less, but in no case more than one foot larger than either of the front yard depths of buildings on the two adjacent lots.  

               (b)     Minimum side yard, abutting nonresidential district: zero feet.  

               (c)     Minimum rear yard, abutting nonresidential district: 10 feet.  

               (d)     Minimum side yard and rear yard, abutting residential district: 25 feet.       

  • 297-7.7. Buildings. [39]

The following requirements apply to buildings constructed in the C-1 District: 

     A. Height.

  Use Maximum Building Height
  Residential 40 feet
  Other uses 40 feet
  Accessory 1 story or 18 feet
 

 

 

     B. Floor area.

          (1)    Residential. All buildings intended for residential use, in whole or in part, shall comply with the floor area requirements of the R-3 District.  

          (2)    Other uses. Maximum floor area to lot coverage ratio: 3:1.  

          (3)    Accessory use. Maximum floor area, accessory building and accessory storage building: 800 square feet. [Amended 4-14-2003 by L.L. No. 2-2003]     

  • 297-7.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the C-1 District in the Village of Fredonia.

 

 

Lot, Area, Yard and Building Requirements Diagram C-1 General Business District (for illustrative purposes only)

 

 

ARTICLE VIII

C-2 Highway Business District

  • 297-8.1. Purpose.

The C-2 District is established to provide districts to accommodate those activities that are particularly orientated to the automobile. The following summarizes the C-2 District requirements. 

  • 297-8.2. Permitted uses and structures.

The following are permitted uses: none except those uses and structures as regulated by § 297-8.3 (Accessory uses), § 297-8.4 (Site plan review) and § 297-8.5 (Special permitted uses) of this chapter. 

  • 297-8.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the C-2 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. Off-street parking, subject to the applicable provisions of Article XIX (Parking, Loading and Stacking Requirements) of this chapter.

     B. Signs, subject to the applicable provisions of Article XVI (Sign Restrictions) of this chapter.

     C. Fences and walls, subject to the applicable provisions of Article XXI, § 297-21.8, of this chapter.

     D. Other uses and structures that are customarily incidental and clearly subordinate to permitted uses and subject to any applicable provisions of this chapter.

  • 297-8.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-8.4.1 of this article: 

     A. All uses permitted subject to site plan review in the C-1 District under § 297-7.4;

     B. Drive-in business, including restaurants and banks;

     C. Medical and dental clinics;

     D. Department and retail stores;

     E. New or used car or trailer sales and accessory repair departments;

     F. Automobile wash;

     G. Self-service gas stations;

     H. Motor vehicle service stations;

     I. Boat or marine sales and service;

     J. Hospital;

     K. Hospital, animal or veterinary clinic;

     L. Motel or motor court;

     M. Pet grooming establishment. [Added 4-3-2006 by L.L. No. 1-2006]

  • 297-8.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-8.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-8.4 shall be permitted uses without site plan review. 

  • 297-8.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. All uses permitted subject to special permits in the C-1 District under § 297-7.5;

     B. Sanatorium;

     C. Kennel;

     D. Adult entertainment facility (see Article XVII of this chapter, Adult Entertainment Facilities); adult entertainment facilities shall not violate any provisions of the New York State Penal Code.

  • 297-8.6. Lot, area and yard requirements. [40]

The following requirements apply to the C-2 District: 

     A. Lot requirements.

          (1)    Minimum lot frontage: 200 feet.  

          (2)    Minimum lot area: one acre.  

          (3)    Maximum lot coverage: 80%.   

     B. Yard requirements.

          (1)    Minimum front yard depth: average front yard depth of building(s) within 100 feet or five feet, whichever is less, but in no case more than one foot larger than either of the front yard depths of buildings on the two adjacent lots.  

          (2)    Minimum side yard, abutting nonresidential district: zero feet.  

          (3)    Minimum rear yard, abutting nonresidential district: zero feet.  

          (4)    Minimum side yard and rear yard, abutting residential district: 100 feet.     

  • 297-8.7. Buildings. [41]

The following requirements apply to buildings constructed in the C-2 District: 

     A. Height. Maximum building height: 40 feet.

     B. Floor area. Maximum floor area to lot coverage ratio: 3:1.

  • 297-8.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the C-2 District in the Village of Fredonia.

Lot, Area, Yard and Building Requirements Diagram C-2 Highway Business District (for illustrative purposes only)

 

 

ARTICLE IX

M-1 Light Industrial District

  • 297-9.1. Purpose.

The M-1 District is primarily for heavy commercial and light industrial uses and associated administrative offices whose activities would not in any other way constitute a nuisance or be detrimental to neighboring properties. The districts are established to encourage the development of non-noxious industry that provides employment in the Village of Fredonia and expands the local tax base. The M-1 district is established to attract nonpolluting industry. The following outlines regulations that apply to the M-1 District. 

  • 297-9.2. Permitted uses and structures.

The following are permitted uses: none, except those uses and structures as regulated by Sections 297-9.3 (Accessory uses), § 297-9.4 (Site plan review) and § 297-9.5 (Special permitted uses) of this chapter. 

  • 297-9.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the M-1 District, provided that such accessory uses and buildings shall not be constructed until the main building has been constructed: 

     A. Signs, subject to the provisions of Article XVI (Sign Restrictions) of this chapter;

     B. Satellite television receiving antennas subject to the provisions of Article XXI, § 297-21.17, of this chapter;

     C. Fences, walls and hedges, subject to the provisions of Article XXI, § 297-21.8, of this chapter;

     D. Utility buildings and facilities incidental to permitted uses and uses requiring site plan review or special permits;

     E. Other uses and structures that are customarily incidental and clearly subordinate to permitted use or uses that require site plan review or special permits.

  • 297-9.4. Site plan review. [Amended 9-9-2002 by L.L. No. 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site Plan Review, of this chapter, unless excepted from site plan review as provided by § 297-9.4.1 of this article: 

     A. All uses permitted in the C-2 Highway Business District (C-2 District) under § 297-8.4 of this chapter. [Added 10-22-2007 by L.L. No. 4-2007[42]]

     B. Executive or administrative offices of industrial uses;

     C. Uses of a light-manufacturing nature;

     D. Contractor’s offices, showrooms and storage yards;

     E. Laboratories and related facilities for research, experimentation, testing and product development when conducted entirely within a building;

     F. Warehouses, including mini-storage facilities;

     G. Bottling works for milk or soft drinks;

     H. Saw, knife and tool sharpening shops, small equipment repair (chain saws, lawn mowers, outboard motors, hedge trimmers, etc.), equipment and household supply rental shops;

     I. Wholesale establishments, packaging, distributing and parcel delivery services, including retail incidental to wholesale;

     J. Wholesale bakeries (including on- and off-site sale);

     K. When developed in conjunction with industrial uses:

          (1)    Drive-in business including restaurants and banks;  

          (2)    Convenience stores;  

          (3)    Day-care facility;   

     L. Trade or industrial schools;

     M. Bulk storage facilities;

     N. Manufacturing, packaging and processing of:

          (1)    Apparel and finished fabrics and leather goods.  

          (2)    Furniture and household fixture products.  

          (3)    Professional equipment, scientific instruments and precision consumer products.  

          (4)    General consumer products.  

          (5)    Food and kindred products.  

          (6)    Textile mill products.  

          (7)    Lumber and wood products.  

          (8)    Paper and allied products.  

          (9)    Stone, clay and glass products.  

          (10)  Metal and metal fabricating products.  

          (11)  Cabinetmaking.  

          (12)  Similar manufacturing uses.   

     O. Lumber yards, building materials, welding supply shops and supplies stores;

     P. Planing or woodworking mills;

     Q. Storage, sorting or baling wastepaper or rags;

     R. Gunsmith, locksmith, engraving and taxidermy shops;

     S. Caretaker or watchperson residence;

     T. Recycling centers and recyclable material processing center.

  • 297-9.4.1. Exceptions to site plan review. [Added 9-9-2002 by L.L. No. 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-9.4, provided the permitted use is to be conducted in an existing building or where the floor area is increased not more than 20% to accommodate the permitted use or where there is no new building or addition thereto but the land area to be used in conjunction with an existing permitted use is increased by not more than 20% of the existing lot area upon which the permitted use is located; in such cases the uses listed in § 297-9.4 shall be permitted uses without site plan review. 

  • 297-9.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. Quarries, sand and gravel pits, topsoil removal, excavating, grading and filling.

  • 297-9.6. Lot, area and yard requirements. [43]

The following lot requirements apply to the M-1 District: 

     A. Lot requirements.

          (1)    Minimum lot frontage: 100 feet.  

          (2)    Minimum lot area: 10,000 square feet.  

          (3)    Maximum lot coverage: 80%.   

     B. Yard requirements.

          (1)    Minimum front yard: 20 feet.  

          (2)    Minimum side yard, abutting nonresidential district: 15 feet.  

          (3)    Minimum rear yard, abutting nonresidential district: 25 feet.  

          (4)    Minimum side and rear yard, abutting residential district: 50 feet.     

  • 297-9.7. Buildings. [44]

The following requirements apply to buildings constructed in the M-1 District: 

     A. Height. Maximum building height: 60 feet.

     B. Floor area. Maximum floor area to lot coverage ratio: 3:1.

  • 297-9.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the M-1 District in the Village of Fredonia.

Lot, Area, Yard and Building Requirements Diagram M-1 Light Industrial District (for illustrative purposes only)

 

 

ARTICLE X

O-S Open Space District

  • 297-10.1. Purpose.

The purpose of the O-S Open Space District is to delineate those areas where substantial development of the land in the way of buildings or structures is not desirable because of: 

     A. Special or unusual conditions of topography, drainage, floodplain or other natural conditions, whereby considerable damage to buildings or structures and possible loss of life may occur due to the processes of nature;

     B. The lack of proper facilities or improvements resulting in the land not being suitable for development at the present time, and where such facilities or improvements must be undertaken on an area-wide, rather than an individual parcel, basis, in order to serve adequately at a reasonable cost to the Village.

     C. Its designation as land for park, recreation and open space uses of the Village of Fredonia and to ensure their continuation as parks, recreation and open space.

  • 297-10.2. Permitted uses and structures.

The following are permitted uses: None, except those uses and structures as regulated by § 297-10.4 (Site plan review) of this chapter. 

  • 297-10.3. Accessory uses.

The following are the accessory uses, buildings and structures permitted in the O-S District, provided that such accessory uses and buildings are subject to site plan review and shall not be constructed until the main building has been constructed: 

     A. Signs, subject to the provisions of Article XVI, Sign Restrictions;

     B. Fences, walls and hedges, subject to the provisions of Article XXI, Supplemental Regulations;

     C. Other uses and structures that are customarily incidental and clearly subordinate to a permitted use or uses that require site plan review or special use permits.

  • 297-10.4. Site plan review.

The following uses are permitted subject to site plan review as outlined in Article XII, Site Plan Review: 

     A. Public parks, playgrounds, play lots and tot lots;

     B. Public play fields, athletic fields and facilities, including, but not limited to: baseball/softball diamonds, basketball courts, volleyball courts, tennis courts, golf courses, bicycle courses and swimming pools;

     C. Other similar recreation and park uses;

     D. Public or private boat docking facilities, boat ramps, fishing and boating pond and lake access facilities;

  • 297-10.5. Special permitted uses.

The following are special permitted uses subject to the conditions outlined in Article XIII, Special Use Permits: 

     A. None.

  • 297-10.6. Lot, area and yard requirements. [45]

The following lot requirements apply to the O-S District: 

     A. Lot requirements. Minimum lot frontage at building line: to be determined in conjunction with site plan or special use permit review.

     B. Minimum lot area: to be determined in conjunction with site plan or special use permit review.

     C. Maximum lot coverage: to be determined in conjunction with site plan or special use permit review.

     D. Yard requirements.

          (1)    Minimum front yard depth: to be determined in conjunction with site plan or special use permit review.  

          (2)    Minimum side yard: to be determined in conjunction with site plan or special use permit review.  

          (3)    Minimum rear yard: to be determined in conjunction with site plan or special use permit review.     

  • 297-10.7. Buildings. [46]

The following requirements apply to buildings constructed in the O-S District 

     A. Height. Maximum building height: to be determined in conjunction with site plan or special use permit review.

     B. Floor area. Maximum floor area ratio: to be determined in conjunction with site plan or special use permit review.

  • 297-10.8. Supplemental regulations and exceptions.

See Part 3, entitled “Regulations Applying to All Districts,” for additional regulations applying to the O-S District in the Village of Fredonia.

 

 

Lot, Area, Yard and Building Requirements Diagram O-S Open Space District (for illustrative purposes only)

 

 

Part 3

Regulations Applying to All Districts

ARTICLE XI

Nonconforming Uses

  • 297-11.1. Purpose.

     A. Within the districts established by this chapter or any subsequent amendments, there exist lots, structures, uses of land and characteristics of use which were lawful before this Zoning Law was enacted, but which would now be prohibited, regulated or restricted under terms of this chapter, including future amendments. The regulations are established to create cohesive neighborhood characters, and the eventual elimination of nonconforming uses is desired.

     B. Regulations for the continuance, change in use, repairs and alterations, restoration, enlargements and extensions, discontinuance and nonconformance due to reclassification of zoning districts are established to:

          (1)    Permit these nonconformities to continue, but to minimize any adverse effect on the adjoining properties and development;  

          (2)    Regulate their maintenance and repair;  

          (3)    Restrict their rebuilding if substantially destroyed;  

          (4)    Require their permanent discontinuance if not operated for certain periods of time;  

          (5)    Require conformity if they are discontinued, to bring about eventual conformity in accordance with the objectives of the Village’s Comprehensive Plan and Zoning Law.     

  • 297-11.2. Continuation of existing uses.

Except as provided in this article, any use of land or a building or structure or part thereof existing at the time that this chapter or any amendment hereto become effective may be continued as provided in this article although such building or structure or use does not conform to the provisions of the district in which it is situated. 

  • 297-11.3. Change of use.

A nonconforming use shall not be changed to another use, except: 

     A. In any R District, a nonconforming use may be changed to a use of a more restricted classification, including a conforming use.

     B. In any C District or M District, a nonconforming use may be changed to a use in the same use group or a use of a more restricted classification, including a conforming use. This provision shall not apply to a nonconforming residential use.

     C. In any M District, a nonconforming residential use may be changed to a conforming use.

     D. Once changed to a conforming use or to a more restricted use, no use thereafter shall revert to a less restricted use.

  • 297-11.4. Repairs and alterations.

     A. Normal maintenance of a building or other structure containing a nonconforming use shall be permitted, including nonstructural repairs and incidental alterations not extending the nonconforming use.

     B. No structural alterations shall be made in a building or other structure containing a nonconforming use except:

          (1)    When required by law;  

          (2)    To restore to a safe condition any building or structure declared unsafe by the Zoning Enforcement Officer;  

          (3)    To permit enlargements as provided in this article.     

  • 297-11.5. Restoration.

     A. No nonconforming building or other structure which has been damaged or destroyed by any means where the cost of repairs exceeds 50% or more of its fair sales value immediately prior to damage shall be rebuilt or repaired except in conformance with the regulations of this chapter. In any reconstruction of a nonconforming building or structure, neither the floor area nor the cubical content shall be increased from the original.

     B. In the event that the Zoning Enforcement Officer’s estimate of the extent of damage or fair sales value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the extent of damage or fair sales value shall be determined by a board of three arbitrators, one of whom shall be named by the Planning Board, one by the applicant and one by the first two arbitrators named. In the event that the first two arbitrators cannot agree upon a third member within 30 days, the Board of Trustees shall name the third arbitrator. A decision in which at least two arbitrators concur shall be deemed the official decision.

     C. Application for a building permit to repair, replace or reconstruct a partially destroyed or damaged use of a nonconforming structure must be made within six months of the occurrence, and the repair, replacement or reconstruction must be completed within six months following the issuance of the permit or the nonconforming status of the use or structure shall be terminated and nonconforming structures shall be brought into conformance.

  • 297-11.6. Enlargements and extensions.

A nonconforming use shall not be enlarged or extended, except as follows. In any C or M District, any nonconforming use, other than dwellings, may be enlarged to an extent not exceeding 25% of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use. When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargement shall be permitted. 

  • 297-11.7. Discontinuance.

     A. When a nonconforming use has been discontinued for a period of not less than 12 months, the use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.

     B. Discontinuance of the active and continuous operation of a nonconforming use, or a part or a portion of the operation of the nonconforming use for a period of twelve consecutive months is construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, then the abandonment shall be construed and considered to be completed within a period of less than six months, and all rights to reestablish or continue such nonconforming use shall terminate.

  • 297-11.8. Prior approved construction.

Nothing in this article shall prevent the construction of a building for which a building permit has been issued for a building made nonconforming by this chapter or subsequent amendments, provided that such building permit shall be void unless construction of such building shall have been diligently begun within six months of the date of such permit and shall be completed within 18 months from the date such building was made nonconforming. 

  • 297-11.9. Termination due to nonconformance.

The following nonconforming uses may be continued for a period of three years, provided that after the expiration of such period any such nonconforming use shall become an unlawful use and shall be terminated: 

     A. In any R District, a nonconforming use not in an enclosed building, including, but not limited to, auto wrecking and dismantling and the storage of motor vehicles which do not qualify for a New York State motor vehicle inspection sticker.

  • 297-11.10. Nonconformity due to reclassification of zoning districts.

The foregoing provisions of this article shall also apply to buildings, structures, land, premises or uses that become nonconforming due to any reclassification of districts under this chapter or any subsequent change in the regulations of this chapter. Where a period of years is specified in this article for the removal of nonconforming buildings, structures or uses, said period shall be computed from the effective date of such reclassification or change.  

ARTICLE XII

Site Plan Review

  • 297-12.1. Purpose.

Future development in the Village will influence the quality of life for all residents in Fredonia. To ensure the health, safety and welfare, no building permit shall be issued for a use requiring site plan review unless the following procedures for site plan approval have been complied with. 

  • 297-12.2. Required site plan review.

     A. Unless otherwise provided by the Village of Fredonia Subdivision Law,[47]site plan review and site plan approval shall be required for all uses, buildings and structures that require site plan review and approval as outlined in this chapter. Fees outlined and adopted by the Village of Fredonia will apply to all site plan reviews. 

     B. Unless otherwise provided and as regulated by the Village of Fredonia Subdivision Law, site plan approval shall be required:

          (1)    For new construction of commercial or industrial uses;  

          (2)    For the erection or enlargement (over 20% of total floor space) of all buildings except one- or two-family structures;  

          (3)    For all new construction of multiple-family dwellings, including conversions of existing buildings to multiple-family dwellings and adding dwelling units to existing multiple-family dwellings;  

          (4)    Mobile home parks;  

          (5)    For any application for a rezoning;  

          (6)    For all other uses, buildings and structures that require site plan review and approval by this chapter.     

  • 297-12.3. Procedure for review and approval.

     A. The application and appropriate fees for site plan review shall be submitted to the Village Zoning Enforcement Officer. The content of the site plan shall be reviewed by the Village Zoning Enforcement Officer prior to filing and distribution to the Planning Board to ensure completeness. The applicant shall submit 10 of copies of all plans and supplementary information to the Zoning Enforcement Officer; additional copies may be requested for additional review agencies. The Building Department will distribute copies of the plans for review, report and recommendations to the following:

          (1)    Department of Public Works;  

          (2)    Fire Department;  

           (3)    Police Department;  

          (4)    Planning Board: one per member;  

          (5)    Other agencies, departments or persons as may be required by law or as the Planning Board or Zoning Enforcement Officer may deem appropriate.   

      B. Any department may submit a report to the Planning Board seven days prior to the scheduled Planning Board meeting. Any department shall submit a report if required by resolution of the Planning Board. Failure of a department to submit a report or recommendation shall not preclude the Planning Board from completing the site plan review and making a determination. The Planning Board shall review the application, site plan and supporting data and, after a public hearing, and at a regular meeting or special meeting of the Board and after determining that all requirements have been met, shall approve; or approve with modifications or conditions; or disapprove, the site plan. The Planning Board’s action shall be in the form of a written report of approval or disapproval of the site plan. In approving the site plan, conditions limiting the use and the occupancy of the land or proposed buildings consistent with the intent and purposes of this chapter and other applicable laws may be imposed on the development. If the site plan is denied approval, the Planning Board shall state its reasons for disapproval.

     C. Approval of any site plan shall remain in effect for a period of not more than 12 months from the date of approval by the Planning Board unless a successful application for a zoning permit has been made within that period. One six-month extension may be granted to obtain the zoning permit.

     D. The site plan application shall be subject to the provisions of § 297-23.2C of this chapter in addition to all other applicable provisions of this chapter.

  • 297-12.4. Submission of site plan and additional information.

The site plan should include the following information, as deemed appropriate by the Zoning Enforcement Officer. The Zoning Enforcement Officer may waive requirements set forth in this section as deemed appropriate, unless the Planning Board determines that said requirement(s) is necessary for its review. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following: 

     A. Completed application form;

     B. Title of drawings, including the name of the development, name, telephone number and address of applicant and the name of the person who prepared the drawings;

     C. Key plan, North point, professional stamp, scale (1″ = 20′ or other appropriate scale) and date;

     D. Zoning, land use and ownership of all adjacent properties, and any other properties within 200 feet of the proposed development for which site plan approval is sought, and the location of structures shall be shown on such properties;

     E. A boundary survey of the proposed development, plotted to scale and existing topographic features including contours, spot elevations, large trees, buildings, structures, streets, property lines, utility easements, rights-of-way and land use;

     F. Layout, number and dimensions of any proposed lots;

     G. The dimensions of all proposed lots, including, but not limited to, lot frontage, lot area, building coverage, lot coverage, front yard, side yard, rear yard, building heights and floor area ratio, where applicable;

     H. All improvement dimensions, including, but not limited to, access roads, snow removal/storage areas, parking areas, walkways, buildings, etc.;

     I. Existing and proposed streets, sidewalks and pedestrian paths immediately adjoining and within the proposed site and the names of all proposed streets;

     J. Location and dimensions of all parking, loading and stacking areas and access drives;

     K. Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways and bikeways;

     L. Location, proposed use, height, building elevations, floor plans and finished floor elevations of all structures;

     M. Colors, materials, dimensions, access and rooftop plans of all structures;

     N. Location and proposed development of all open spaces, including parks, playgrounds, etc.;

     O. Existing and proposed watercourses, direction of flow and the impact on the watershed;

     P. Drainage plan showing existing and finished grades, stormwater management plan and the impact on the watershed;

     Q. Water supply plan, including existing and proposed location of fire hydrants;

     R. Sewage disposal method;

     S. Landscape plan indicating location, type and size of existing trees and vegetation, identifying those to be preserved or removed as well as the location, type and size of trees, vegetation and amenities to be provided;

     T. Location and design of outdoor lighting facilities;

     U. Location and dimension of all signs;

     V. Garbage screening and enclosures (see § 297-21.19);

     W. Methods of barrier-free access;

     X. Applicable pollution control;

     Y. Size and location of hazardous storage areas;

     Z. Location of bus stops and shelters;

     AA. Proposed easements, restrictions, covenants and provisions for homeowners’ associations and common ownership;

     BB. Estimated construction schedule and phasing plan for buildings, earth work and landscaping;

     CC. Tentative budgeting and financing sources.

  • 297-12.5. Additional information requirements; payment of costs.

In addition to the required site plan and supporting data indicated in Article XII, Site Plan Review, the Planning Board may request, of a property owner or their agent, additional supporting data or plans deemed necessary and relevant to carry out its responsibility for site plan review and provided in this chapter. The Planning Board may request review and report from its consulting engineer or other professional or expert as it may deem necessary to complete the review of the proposed site plan and the cost incurred by the Planning Board shall be charged to the applicant who shall be liable for all costs. The Planning Board may require the applicant to pay to the Village in advance the estimated cost for such professional or expert review of the site plan. 

  • 297-12.6. Criteria for review and recommendations.

In considering and acting upon site plan reviews and approvals, the Planning Board shall consider the public health, safety, welfare and comfort and convenience of the public in general, the residents of the proposed development and the residents of the immediate surrounding area. The Planning Board may prescribe such appropriate conditions and safeguards as may be required in order that the results of its action shall, to the maximum extent possible, further the following: 

     A. Vehicular access: the number of proposed access points are not excessive, all access points are adequate in width, grade alignment and visibility, access points are not located too close to intersections or places of public assembly and similar safety considerations are reviewed for all site plan approvals.

     B. Parking: adequate off-street parking, queuing and loading spaces are provided to minimize the number of cars parked or standing on public roads.

     C. Pedestrian circulation: the interior circulation system is adequate to provide safe accessibility to all parking areas and ensure adequate separation of pedestrian and vehicular traffic.

     D. Landscaping and screening: all parking, storage, loading and service areas on properties adjacent to residential areas are reasonably screened, and the general landscaping of the site reflects the character of the neighborhood and surrounding area.

     E. Natural features: the proposed use is compatible with geologic, hydrologic and soil conditions of the site and adjacent areas, and the existing natural scenic features are preserved to the greatest possible extent.

     F. Public facilities: the public facilities that service the proposed use, including water, sanitary sewer, drainage, roads and related facilities, parks and open space are adequate for the intended level of use.

     G. Avoidance of nuisance: the proposed use will not create noise, odor, dust or smoke as to create a nuisance or be detrimental to adjoining properties.

  • 297-12.7. Review, public hearing and decision on site plan.

     A. The site plan and supporting information shall be reviewed to ensure the plan is in conformance with this chapter, the approved development plan, if one exists, and all other applicable laws. Within 30 days of its receipt of the application for site plan approval, staff and other review authorities shall review the plan and notify the Planning Board, in writing, of their comments or recommendations.

     B. Within 62 days of its receipt of the application for site plan approval or renewal, the Planning Board shall hold a public hearing; this time period may be extended by mutual consent of the applicant and Planning Board. In determining the action, the Planning Board may seek advice from additional agencies deemed appropriate.

     C. The public hearing and decision procedures set forth in § 7-725-(a)8 of the Village Law, as may be amended from time to time, shall be followed by the Planning Board.

  • 297-12.8. Performance bond as condition of approval.

For all commercial and industrial uses, the Planning Board may require, as a condition of site plan approval, the property owner to file a performance bond or other security in such amount and form as determined by the Planning Board to ensure that the proposed development is built in compliance with the approved plans. 

  • 297-12.9. Site plan revisions.

Property owners wishing to make any changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval. 

  • 297-12.10. Planning Board procedure.

     A. The Planning Board shall adopt rules and regulations deemed necessary to administer this article, and all applications for site plan approval shall be submitted and reviewed in compliance with the submission requirements and review procedures of the Village of Fredonia Planning Board and the requirements of this article.

     B. The Planning Board shall have such further powers as set forth in § 7-725-(a) of the Village Law, as may be amended from time to time, and the Planning Board decisions shall be revisable by court as set forth in § 7-725-(a) of the Village Law.

     C. The Planning Board may waive any requirements of the site plan review as authorized by § 7-725-(a) of the Village Law where such requirements are found not to be requisite in the interest of the public health, safety or general welfare or are inappropriate to a particular site plan. The Planning Board may set forth appropriate conditions to granting such waiver.

ARTICLE XIII

Special Use Permits

  • 297-13.1. Purpose.

     A. Uses that require special use permit approval have a special character that makes their establishment as a permitted or accessory use without prior review impractical and undesirable. This review shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses.

     B. Unless otherwise provided, the special uses outlined in the zoning districts of this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards outlined in this chapter to assure that the proposed use is in harmony with this Zoning Law and will not adversely affect the neighborhood if such requirements are met.

  • 297-13.2. Application procedure and administration.

The procedure outlined below allows the Zoning Board of Appeals the opportunity to include special conditions as may be necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with surrounding areas. No building permit shall be issued for a use requiring a special use permit unless the following procedures for special use permit approval have been complied with: 

     A. A site plan for the proposed development of a site for a special permitted use shall be submitted with an application for a special permitted use. The plan shall show all requirements outlined for site plan approval in Article XII,- Site Plan Review, of this chapter.

     B. The application and appropriate fees shall be submitted to the Zoning Enforcement Officer. The applicant shall submit 10 of copies of all plans and supplementary information to the Zoning Enforcement Officer; additional copies may be requested for additional review agencies. The Building Department will distribute copies of the plans for review, report and recommendations to the following:

          (1)    Department of Public Works;  

          (2)    Fire Department;  

          (3)    Police Department;  

          (4)    Planning Board;  

          (5)    Building Department;  

          (6)    Zoning Board of Appeals – one per member;  

          (7)    Other agencies, departments or persons as may be required by law or as the Zoning Board of Appeals may deem appropriate.   

     C. Any department may submit a report to the Zoning Board seven days prior to the scheduled Zoning Board meeting. Any department shall submit a report if required by resolution of the Zoning Board. The failure of any Department to submit a report shall not preclude the Zoning Board from completing the site plan review and making a determination.

     D. Applications for special use permits shall be acted upon by the Village of Fredonia Zoning Board of Appeals following a public hearing.

     E. All special use permit applications shall be subject to the criteria for review and recommendations required for site plan reviews as set forth in § 297-12.6, and any special use permit shall also be subject to the provisions of § 297-23.2F(5) of this chapter (special use permit review) in addition to all other requirements of this chapter.

  • 297-13.3. Findings.

In approving a special use permit, the Zoning Board of Appeals in the Village of Fredonia must make the following findings: 

     A. The proposed use, building, structure or development is consistent with the intent of each land use zone.

     B. Special use permits may be authorized by the Zoning Board of Appeals only upon satisfaction, in each instance, of the following conditions being considered:

          (1)    The general character, height and use of a structure or structures;  

          (2)    The provision of surrounding open space and the treatment of the grounds;  

          (3)    The general fitness of the structure;  

          (4)    The provision of automobile parking or storage;  

          (5)    The street capacity and uses as, in the opinion of the Zoning Board of Appeals, may be necessary to safeguard public health, comfort and convenience to limit air pollution.   

     C. The proposed use or structure will not be detrimental to the public health, safety and welfare of the community.

  • 297-13.4. Additional requirements.

     A. General screening requirements for special permitted uses include:

          (1)    Open storage areas, exposed machinery and outdoor areas used for the storage and collection of solid waste shall be visually screened from roads and surrounding land uses. Suitable types of screening include opaque and semi-opaque fences of a height necessary to screen the intended use. Where planted hedges are proposed, plant species, size and layout should be developed to provide an effective screen within three years of the time of installation. Native and naturalized trees and shrubs shall be planted wherever possible.  

          (2)    In locations where potential health or safety hazards may arise, such as solid waste storage/collection areas, a solid wooden fence, a minimum of six feet in height, may be required to deter children and animals from entering the premises.  

          (3)    Where new fencing would create a continuous surface greater than ten feet in length, the visual expanse of bare fence shall be minimized with plant groupings consisting of trees and shrubs as outlined in Article XX, Landscaping Requirements.   

     B. Lighting. Exterior lighting proposed for the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public roads. The light source shall not be higher than 20 feet and shall not be directed onto adjacent properties or public roads. High intensity lighting shall not be permitted.

     C. Drainage.

          (1)    Surface water runoff shall be minimized and detained on site as long as possible and practical to facilitate groundwater recharge. When available, municipal stormwater sewers may be employed to handle excess runoff.  

          (2)    If stormwater can not be channeled into municipal stormwater sewers, stormwater runoff shall be detained on site. In no case shall increased runoff due to development activity be directed onto adjacent property. Techniques for delaying surface stormwater runoff shall be developed to effect no additional runoff rate as a result of storms with a twenty-five-or-less recurrence frequency.  

          (3)    The natural state of watercourses, swales or rights-of-way shall be maintained as much as possible. All drainage facilities shall be designed for a 100-year storm minimum. The Zoning Board of Appeals may require facilities sized for more intensive storms should development conditions in the vicinity of the site warrant a greater degree of protection.   

     D. Erosion and sediment control. Where significant soil erosion or sediment deposition may occur as a result of the disturbance of the land, the Zoning Board of Appeals may require that application for special permit be accompanied by an erosion and sediment control plan conforming to the standards and practices contained in the USDA Soil Conservation Service Engineering Field Manual (ESM) and the New York Guidelines for Urban Erosion and Sediment Control, or other erosion and sediment control manual recognized by the Department of Public Works and the Zoning Board of Appeals.

     E. Adult entertainment uses. All adult entertainment uses shall require review and issuance of a special permit pursuant to the regulations outlined in this article and Article XVII of this chapter.

  • 297-13.5. Expiration.

A special permit shall be deemed to authorize only one special use and shall expire if the special permitted use shall cease for more than one year.  

ARTICLE XIV

Planned Unit Developments

  • 297-14.1. Purpose.

     A. Provision for the Planned Unit Development (PUD) District is included herein to permit the establishment of areas in which diverse uses may be brought together in a unified plan of development. This flexibility will lead to more creative design of development than what is currently allowed in the conventional zoning districts. The PUD is further intended to promote:

          (1)    The most appropriate use of the land;  

          (2)    A more efficient and economical arrangement of streets, utilities, buildings and open space;  

          (3)    The utilization of topography and other natural features to the best advantage of both aesthetic and conservation practices;  

          (4)    Integration of all aspects into one cohesive and compatible unit.   

     B. In PUD Districts, land and buildings may be used for any lawful purposes as determined by the Board of Trustees, subject to the following limitations and procedures.

  • 297-14.2. Uses.

No uses, buildings or structures shall be allowed which are not in accordance with the PUD approved scheme and the Village of Fredonia Comprehensive Plan. 

  • 297-14.3. Location.

     A. The PUD District shall be applicable to any area of the Village of Fredonia where the applicant can demonstrate that the characteristics of the development will satisfy the intent and objectives of this article.

     B. Where a PUD is deemed appropriate, the rezoning of land to a PUD District will replace all uses and dimensional specifications contained elsewhere in this chapter. All PUD Districts shall comply with the provisions of this chapter.

  • 297-14.4. Minimum area.

PUD’s shall comprise not less than three acres. Public roads shall be permitted to divide such acreage, provided that a minimum of 1 acre of contiguous land area must exist in any portion. 

  • 297-14.5. Open space.

A minimum of 25% of the site shall be used as open space, including walkways, plazas, landscaped areas and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space. 

  • 297-14.6. Common areas.

Common property in a PUD is a parcel or parcels of land together with improvements, the use of which is shared by the owners or occupants of the individual building sites. The landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved nor shall it dispose of any common property by sale or otherwise, with the exception that such land may be dedicated to the Village of Fredonia for public use, provided that the Village agrees to accept such property. 

  • 297-14.7. Site and structure requirements.

The Board of Trustees shall approve a PUD District only if it finds that the planned unit development will satisfy standards of this chapter, including the following: 

     A. The PUD is an efficient and unified treatment of the development possibilities on the project site while remaining consistent with the Village of Fredonia Comprehensive Plan. The PUD shall make provisions for the preservation of natural features such as streams and shorelines, ponds, lakes, trees, grasses, wooded cover and rough terrain.

     B. The PUD must be compatible with the surrounding area. The development shall not unduly burden existing Village facilities and services.

     C. The developer shall ensure that sufficient financing and capability are available to complete the project as presented.

     D. The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities, off-street lighting and make reasonable provisions for utility service connections with adjoining properties and other ownerships. The developer shall demonstrate to the satisfaction of the Planning Board that the PUD shall not create any significant adverse impact upon the surrounding neighborhood.

     E. The right-of-way and pavement widths for internal roads serving all development shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs of the development. There shall be adequate access for fire-fighting equipment, police and other emergency vehicles. Such pavement shall meet all applicable Village standards.

     F. All electric, telephone, cable television and similar equipment shall be installed underground in accordance with the New York State Public Service Commission Standards.

     G. The gross residential density, measured over the entire tract, but exclusive of any land to be occupied by nonresidential uses or public or quasi-public institutional or recreational facilities open to the general public, shall not exceed the density set forth in the underlying district or consistent with the Comprehensive Plan. Additional density may be considered for outstanding development as deemed appropriate by the Planning Board.

  • 297-14.8. Application procedure.

The developer shall submit a preliminary plan of the proposed PUD with the rezoning application. The preliminary plan shall be to scale and shall clearly illustrate the following: 

     A. Various types of land uses required and the areas covered by each;

     B. Outline of the interior road system and all existing and proposed public or private rights-of-way and easements;

     C. Delineation of the various residential areas, if any, indicating the number and size of dwelling units by each housing type plus a calculation of the residential density;

     D. Area, location and degree of development of common open space with a statement of how the property will be maintained;

     E. Interior drainage system and how it is proposed to be connected to the drainage systems of adjoining areas and its effect on the drainage systems of adjoining surrounding areas;

     F. If the PUD is to be phased, a general indication of how the phasing is to proceed;

     G. Evidence, in the applicant’s own behalf, demonstrating the developers competence to carry out the plan to completion and the developers awareness of the scope of such project, both physical and financial;

Site plan in conformance with Article XII, Site Plan Review.

  • 297-14.9. Planning Board recommendation.

     A. The Planning Board shall review the preliminary site plan and application and, within 30 days of submission, shall submit it to the Board of Trustees along with its recommendations that the PUD be approved, modified or disapproved.

     B. If, in any such evaluation, the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this chapter are inapplicable because of unusual conditions of the PUD, or the nature and quality of the proposed design, it may recommend to the Board of Trustees that adjustments in such regulations, standards or criteria be made.

     C. A report to the Board of Trustees shall include the following findings:

          (1)    The development project meets the intent and objectives of the PUD District;  

          (2)    The proposal is conceptually sound in that it meets community needs in the:  

               (a)     Layout of the proposed roadway system, land use configuration, open space and drainage systems;  

               (b)     Scale and relationship of the elements of the plan;  

               (c)     Proposed uses are of such location, size and character that, in general, they will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties;    

           (3)    There are adequate public facilities, services and utilities available or proposed to be made available to serve the development.   

     D. Should a recommendation be made to the Board of Trustees to deny the PUD, the Planning Board shall issue a statement that contains the reasons for the unfavorable recommendation. The Planning Board may also recommend further study of the preliminary site plan and resubmission after revisions or redesign.

  • 297-14.10. Rezoning process.

     A. Application for establishment of a PUD District shall be made to the Board of Trustees. The Board of Trustees shall refer the application to the Planning Board for consideration.

     B. The Board of Trustees shall hold a public hearing on the proposal, with public notice, as provided by law in the case of an amendment to this chapter. The Board of Trustees shall hold a public hearing on the rezoning application within 62 days of the Planning Board’s recommendation; this time frame may be extended if agreed upon by all parties.

     C. The Board of Trustees may then approve, deny or approve with conditions the application for a PUD. If an approval or disapproval with conditions is granted, the Board of Trustees may then amend this chapter so as to define the boundaries of the PUD. Such action shall have the effect only of granting permission for development of the specific proposal, in accordance with this chapter, within the area so designated and in accordance with specifications, plans, and elevations as submitted by the applicant and approved by the Planning Board.

  • 297-14.11. Final site plan.

     A. The final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the Board of Trustees. The final site plan shall conform to all requirements of Article XII, Site Plan Review. The rezoning shall not become effective until final site plan approval has been secured.

     B. The application for final site plan approval shall be made within 12 months from the date of the Board of Trustees’ approval of the rezoning.

     C. No construction or site improvement work may commence until final site plan approval has been granted.

     D. No zoning permits or building permits shall be issued for construction within a PUD District until improvements are installed or performance bonds or other security is posted with the same procedures outlined in Article XII, Site Plan Review.

ARTICLE XV

Clustering Provisions

  • 297-15.1. Purpose.

     A. The Planning Board of the Village of Fredonia is authorized to approve a cluster development in accordance with the provisions of § 7-738 of the Village Law and the provisions of this article.

     B. This article provides for flexibility for development of unique or under-utilized parcels of land. The application of this article to future housing development will lead to more creative design solutions to ensure the character of the community is protected. The purpose of the cluster development is to:

          (1)    Permit a procedure for development which will result in improved living and working environments;  

          (2)    Promote more flexible subdivision layout without increasing densities;  

          (3)    Encourage a variety of types of residential dwellings;  

          (4)    Encourage ingenuity and originality to subdivision and site design;  

          (5)    Preserve open space to serve recreational, scenic and public service purposes;     

  • 297-15.2. Authority.

     A. The Planning Board of the Village of Fredonia is authorized to modify applicable provisions of this chapter simultaneously with the approval of any plat within the Village subject to the conditions set forth in this article.

     B. Cluster housing shall be permitted within all R Districts as defined in this chapter.

  • 297-15.3. Clustering requirements.

The minimum development area for cluster housing shall apply to a land area of not less than three acres. 

  • 297-15.4. Density transfer.

     A. In each zone allowing cluster development (R Districts), the lot requirements may be reduced from the lot requirements established in this chapter as deemed acceptable to the Planning Board. All such lot reductions shall be compensated for by an equivalent amount of land in cluster open space to be preserved and maintained for its scenic value, recreation or conservation purposes.

     B. In the approval of a cluster subdivision, in no case shall the maximum density specified for the applicable zone be increased, nor shall the other applicable regulations or use limitations for the zone be changed or modified.

     C. Subject to the approval of the Board of Trustees of the Village of Fredonia, the Planning Board may require that 10% of the entire cluster housing subdivision be set aside or otherwise permanently dedicated for park and recreation purposes and provisions for maintenance of said area shall be established to the satisfaction of the Board of Trustees. Under certain conditions, the Board of Trustees may require the payment of a recreational fee per dwelling unit rather than the dedication of parkland. In either instance, the park space or fee shall be in addition to the private land assembled in common as the result of the clustering process referred to in these regulations.

     D. The land set aside shall be provided in such a manner that the area is usable for recreation or other activities and is accessible to all residents of the subdivision or, where the land has been dedicated to the Village, to the general public.

  • 297-15.5. Review criteria.

The owner shall submit an application for a cluster development in accordance with the applicable provisions of this chapter and the Subdivision Regulations of the Village of Fredonia.[48] Cluster development shall be allowed only if evidence is presented to the Planning Board which establishes: 

     A. That the proposed development will be in harmony with the general purpose, goals, objectives and standards of this chapter and the Village of Fredonia Subdivision Regulations;

     B. That the proposed building or use complies with all applicable regulations of this chapter except as modified pursuant to the authority of this article;

     C. That the proposed building or use will not have a substantial impact upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare of Village residents;

     D. That the proposed development will be served adequately by essential public facilities and services such as highways, roads, parking, sidewalks/trails, police and fire protection, drainage structures, refuse disposal, water and sewers and schools;

     E. That the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.

  • 297-15.6. Open space requirements.

     A. At least 25% of the total acreage is to be devoted to common, permanent open space. The open space shall be reserved and maintained as a natural area, landscaped park or recreational space. This 25% is exclusive of the 10% dedication of land for park and recreation purposes or recreational fees.

     B. If cluster open space is not dedicated to the Village, the land shall be protected by legal arrangements, satisfactory to the Planning Board, sufficient to assure its maintenance and preservation for whatever purpose intended. Covenants or other legal arrangements shall specify:

          (1)    Ownership of the cluster open space;  

          (2)    Method of maintenance;  

          (3)    Responsibility for maintenance;  

          (4)    Maintenance taxes and insurance;  

          (5)    Compulsory membership and compulsory assessment provisions;  

          (6)    Guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Planning Board;  

          (7)    Any additional specifications deemed necessary by the Planning Board.   

     C. All cluster open space shall be considered taxable unless deeded to the Village of Fredonia. No cluster open space shall be dedicated to the Village without the prior approval of the Board of Trustees of the Village of Fredonia.

  • 297-15.7. Lot, area, yard and building requirements.

The lot and building requirements will be determined in conjunction with site plan review of the proposed development

 

 

 

ARTICLE XVI

Sign Restrictions

  • 297-16.1. Purpose.

     A. The purpose of this article is to provide standards for the regulations of the height, size, location and appearance of signs to:

          (1)    Protect and enhance property values and neighborhood character;  

          (2)    Protect public and private investment in buildings and open spaces;  

          (3)    Preserve and improve the appearance of the Village of Fredonia as a place to live and work and as an attraction to visitors;  

          (4)    Encourage sound signing practices to aid business and provide information to the public;  

          (5)    Prevent excessive and confusing sign displays;  

          (6)    Reduce hazards to motorists and pedestrians;  

          (7)    Protect the public health, safety and general welfare.   

     B. The regulations outlined shall apply to signs in all districts in the Village of Fredonia. No signs shall be permitted in any residential district unless specifically authorized by this chapter or as may be authorized by the Zoning Board of Appeals of the Village of Fredonia.

  • 297-16.2. Exceptions.

For the purposes of this chapter, the term “sign” does not include: 

     A. Signs erected and maintained pursuant to any governmental function;

     B. Signs, not exceeding four square feet per face, directing and guiding traffic and parking on private property and bearing no advertising. The location shall be approved as a part of a site plan or special permit submitted to the Planning Board or Zoning Board of Appeals;

     C. Signs, not exceeding one square foot per face advertising the cost of gasoline when attached to a gasoline dispenser or service island canopy;

     D. Directional signage erected by the Village of Fredonia.

  • 297-16.3. General provisions.

Signs are an accessory use only; signs are not permitted as a principal use in any area in the Village of Fredonia. Signs shall be erected or maintained in accordance with the following: 

     A. Illumination. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity and no sign, other than that part used to report time, temperature, stock market and/or news reports, shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced. Overhead wires or exposed wires on a sign or its supporting members are prohibited.

     B. Signs on public property. No private sign shall be placed in any street right-of-way or on other public property. No private sign shall be allowed in the triangle formed from measuring back on both street rights-of-way from an intersection nine feet.

     C. Roof signs. No signs, except such direction devices as may be required by the Federal Aeronautical Authorities, shall be placed, inscribed or supported upon or above the height part of the facade line.

     D. Traffic safety. No sign shall create a traffic hazard by obstructing the view at any street intersection or by design resemblance through color, shape or other characteristics common to traffic control devices.

     E. Maintenance of signs.

          (1)    Every sign shall at all times be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting and cleaning. The Village Zoning Enforcement Officer shall require compliance with all standards of this chapter. If the sign does not comply with adequate safety standards, the sign shall be removed at the property owner’s expense.  

          (2)    No person shall maintain, or permit to be maintained, on any premises owned, occupied or controlled by them, any sign which is either not structurally sound or creates an electrical hazard. Any such sign shall be removed or repaired by the owner or user of the sign or the owner of the premises.   

           F. Abandoned signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.

          G. Unlawful signs. No person shall erect on any premises owned or controlled by them or use any sign which does not comply with the provisions of this chapter.

          H. Off-site signs. No off-site signs shall be permitted in the Village of Fredonia.

          I. Awning signs. The area of awning signs shall be included in calculations for allowed signage.

          J. Distance from property line. No attached sign shall extend within a street or road property line unless said line is the building line, in which case, signs may extend over the street or road property line for a distance not exceeding four feet.

          K. Freestanding signs. No freestanding sign larger than eight square feet shall have less than three feet of open space at the bottom that extends the entire length.

          L. Height. No sign shall exceed 25 feet in height or extend above the facade of the building to which it is attached.

          M. Building advertising. Advertising displayed upon a building or other surface shall be regarded as coming within the regulations of this article.

          N. Nonconforming signs. Any nonconforming sign which is portable in nature (e.g., banners, pennants, spinners, portable signs, etc.) shall be removed within 180 days of the effective date of this chapter. Any nonconforming sign painted, pasted or otherwise applied to a fence, wall or facade of a building shall not be repainted, restored or replaced.

  • 297-16.4. Zoning district sign restrictions.

    A. Accessory signs in all districts. In all districts, the following signs shall be considered permitted accessory uses to the principal use of the premises on which they are located: [Amended 4-14-2003 by L.L. No. 2-2003]

          (1)    A single sign not over two square feet in area attached to a building or detached and located in the front yard describing a home occupation authorized by this chapter located on site.  

          (2)    A single real estate sign not over 12 square feet in area attached to a building or detached when located in the front yard of the property for sale. Rental or lease signs shall not exceed four square feet in area.  

          (3)    Plaques or markers indicating that a building or property is an historic resource.  

          (4)    One sign indicating the name and address of the occupants of a dwelling, not exceeding two square feet. An address sign shall not be permitted if a sign permitted for the office of a resident professional is in use.  

          (5)    One sign indicating the project name and the names of the architect, engineer, contractor and participation public and private governmental agencies and officials, placed on the premises where construction, repair or renovation is in progress, not exceeding 32 square feet in face area (except in residential districts the square feet of face area shall not exceed 16 square feet), 15 feet in height (except in residential districts the height shall not exceed six feet) nor located less than 25 feet from the lot line and 75 feet from any dwelling not within the project. Said sign shall be removed within seven days after completion or termination of construction, repair or renovation.  

          (6)    One sign for each property line prohibiting trespassing not exceeding two square feet.   

     B. R-1, R-2 and R-3 Residential Districts. In all residential districts, the following signs shall be considered accessory to the principal use of the premises on which they are located. No signs shall be illuminated, except for church bulletin boards as authorized in Subsection B((3) below:

          (1)    A single sign not over eight square feet in area attached to a building or detached and located in the front yard describing an apartment house or a conforming nonresidential building or use.  

          (2)    Vehicles bearing signs more than two square feet in area shall not be permitted to park as a customary operation in a residential area so as to be visible from the street.  

          (3)    Bulletin boards not exceeding 20 square feet in area for a church.   

     C. C-1 and C-2 Districts. The following signs shall be permitted in the C-1 and C-2 Commercial Districts. Special requirements for signage related to adult entertainment shall follow the provisions set forth below:

          (1)    Attached signs.  

               (a)     Attached signs identifying uses or services on the premises, totaling 1.5 square feet in area for every foot of an occupant’s building frontage to a maximum of 150 square feet in the C-1 District and 200 square feet in the C-2 District of each premises. Where a building fronts on more than one street, the frontage shall not exceed the length of the longest side of one street.  

               (b)     Attached signs may be painted on or affixed to any wall of a building, or signs composed of individual letters without a background may be located on the edge of a roof or wall on a flat roof or at the line of the eaves on other types of roof, but not projecting above the edge of the facade or wall or line of the eaves. The area of signs composed on individual letters without a background shall be taken as that enclosed by a series of lines joined to form a perimeter bounding all parts of the display. Such signs shall not face an adjoining lot in a residential zone and may be illuminated only by a shielded nonflashing light. Animated or revolving signs shall be prohibited.    

          (2)    Detached signs shall not be permitted in the C-1 and C-2 Districts unless the following provisions are met:  

               (a)     The overall height of pole-mounted detached signs, inclusive of any base or base structure, shall not exceed eight feet above the grade in the C-1 District and 25 feet above grade in C-2 Districts;  

               (b)     Detached pole-mounted signs shall be set back a minimum of five feet from the street right-of-way;  

               (c)     No detached signs shall be permitted to create a hazard or obstruction to vehicular or pedestrian circulation or to interfere with traffic sight lines;  

               (d)     Detached signs shall be limited in display surface area to a maximum of 30 square feet in the C-1 District and 50 square feet in the C-2 District per side of sign, with such sign area to be included within the 200 square feet overall maximum sign area permitted in the C-1 and C-2 District;  

               (e)     Detached signs shall be limited in number to one sign (single- or double-sided) per lot;  

               (f)      All detached signs shall be fixed in place and of a permanent nature. Such signs shall not be revolving nor of an animated nature, nor shall they contain flashing lights.    

          (3)    See § 297-17.3 for additional sign requirements for adult entertainment facilities.   

     D. M-1 District. The following signs shall be permitted in the M-1 District:

          (1)    Attached signs.  

               (a)     Attached signs identifying uses or services on the premises, totaling one square foot in area for every foot of an occupant’s building frontage to a maximum of 200 square feet of each premises. Where a building fronts on more than one street, the frontage shall not exceed the length of the longest side of one street.  

               (b)     Attached signs may be painted on or affixed to any wall of a building, or signs composed of individual letters without a background may be located on the edge of a roof or wall on a flat roof or at the line of the eaves on other types of roof, but not projecting above the edge of the facade or wall or line of the eaves. The area of signs composed of individual letters without a background shall be taken as that enclosed by a series of lines joined to form a perimeter bounding all parts of the display. Such signs shall not face an adjoining lot in a residential zone and may be illuminated only by a shielded nonflashing light. Animated or revolving signs shall be prohibited.    

          (2)    Detached signs shall not be permitted in the M-1 District unless the following provisions are met:  

               (a)     The overall height of the pole-mounted detached signs, inclusive of any base or base structure, shall not exceed 25 feet above grade;  

               (b)     Detached pole-mounted signs shall be set back a minimum of five feet from the street right-of-way;  

               (c)     No detached signs shall be permitted to create a hazard or obstruction to vehicular or pedestrian circulation or to interfere with traffic sight lines;  

               (d)     All detached signs shall be fixed in place and of a permanent nature. Such signs shall not be revolving nor of an animated nature, nor shall they contain flashing lights.    

          (3)    A maximum of two signs on each lot identifying the name of the company and product or services rendered shall be allowed. These signs shall not exceed a surface area of 100 square feet in each sign and shall be located only on the face of the building. Illuminated signs shall be erected so as not to create a nuisance to abutting properties or safety hazards on adjacent public streets.   

      E. OS Open Space District. The following are permitted in the OS District:

          (1)    A sign of an appropriate nature, but not larger than 20 square feet, identifying any building or use permitted under this chapter.     

  • 297-16.5. Temporary or portable signs.

      A. A “portable sign” is defined as any movable sign not permanently attached to the ground, a building or other permanent fixture on a parcel of land. A sign on a registered motor vehicle is not defined as a “sign” within the meaning of this section. Temporary or portable signs shall be used for the following purposes only:

          (1)    New business enterprises;  

          (2)    Celebration of the anniversary date of a new business enterprise;  

          (3)    Business enterprises which have lost the use of an existing sign by reason of fire or other catastrophe;  

          (4)    Limited activities in connection with the principal use or activity on the premises.   

     B. Temporary and portable signs shall be permitted only in the C-1, C-2 and M-1 Districts. In no instance will they be permitted to be so located that they will interfere with the sight distance of traffic passing through a heavily traveled intersection, as determined by the Director of Public Works and Zoning Enforcement Officer.

     C. The Zoning Enforcement Officer shall issue permits for temporary or portable signs of not more than 30 days in duration. Successive permits not to exceed three in number may be obtained. In no case shall a temporary or portable sign remain on the premises for more than 90 days during the calendar year.

     D. No more than one temporary or portable sign may be maintained on any parcel or upon any number of contiguous parcels of land under common ownership. A permit from the Zoning Enforcement Officer must be obtained prior to the display of such sign.

     E. No temporary or portable sign shall be more than five feet by eight feet in size.

     F. Portable signs shall conform to the front yard setback requirement inasmuch as the signs shall not be allowed to encroach on the public sidewalk or the Village street right-of-way. Signs shall in no instance be placed within the public right-of-way so as to interfere with the sight distance at a heavily traveled intersection or with the free passage of pedestrians on the public sidewalk.

     G. No permanent, temporary or portable sign shall be illuminated by flashing lights of any kind or color.

  • 297-16.6. Window signs.

No signs erected or maintained on the window of a building shall occupy more than 30% of the area of said window. 

  • 297-16.7. Political signs.

     A. Political signs are permitted in all zoning districts, provided that they comply with the conditions and restrictions of this chapter. Political signs advertising a candidate or candidates for public office shall be permitted not earlier than 21 days prior to a general, state, national, local or special election and shall be removed not later than seven days after said election.

     B. No political signs shall be allowed between the sidewalk and traveled or surfaced area of any street or where no sidewalk exists, no political signs shall be nearer than 10 feet to the traveled or surfaced area of any street.

     C. No political sign shall exceed eight square feet in size. No political sign shall be placed in any street right-of-way or on other public property. No political sign shall be allowed in the triangle formed from measuring back on both street rights-of-way from an intersection nine feet.

  • 297-16.8. Commercial electronic variable messaging signage. [Added 4-23-2012 by L.L. No. 1-2012]

     A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANIMATION — The movement of any light used in conjunction with a sign.  

COMMERCIAL ELECTRONIC VARIABLE MESSAGING SIGNAGE (hereinafter referred to as “CEVMS”) — Signs capable of displaying words, symbols, figures, or images that can be electronically changed by remote or automatic means.  

NIT — A unit of luminance in the meter-kilogram-second system of units.  

OFF-PREMISES ADVERTISING — Advertising for a business (goods or services) not conducted on the premises.  

SIGN AREA — See § 297-1.2 of the Fredonia Zoning Law for definition of “sign area.”  

      B. Location of CEVMS. CEVMS shall be permitted only in the following area within the C-2 District: those parcels adjoining New York State Route 60 from the intersection of Route 20 northerly to the Village boundary line. Also the parcel adjacent to Route 20 (West Main Street) which adjoins the parcel located on the northerly corner of Route 60 and Route 20. Said area within the C-2 District is shown on the Chautauqua County Tax Map for the Village of Fredonia as 96.20-1-6, 96.20-1-7, 96.20-1-8, 96.20-1-9, 96.20-1-10, 96.20-1-11, 96.20-1-12, 96.20-1-13, 96.20-1-14, 96.20-1-15, 114.05-1-1, 114.05-1-2, 114.05-1-3, 114.05-1-4.1 and 114.05-1-4.2, 114.05-1-5, 114.05-1-6, 114.05-1-7 and 114.05-1-8.

      C. CEVMS shall comply with the following:

          (1)    Transition methods. The transition between messages shall not exceed two seconds;  

          (2)    Message frequency. Each message shall show no less than 10 seconds;  

          (3)    Intensity/brightness. All CEVMS shall be equipped with technology that automatically dims the electronic variable message displays according to ambient light conditions to a luminance of not more than 0.3 footcandles (as measured using a footcandle meter at 100 feet). The nighttime brightness level shall not exceed 500 NIT and the daytime brightness level shall not exceed 5,000 NIT (meets FHWA Administration guidelines);  

          (4)    Animation. Animation is permitted, except letter and/or texts which are scrolling, blinking, flashing or changing of any light movement are prohibited (continuously lighted is permitted);  

          (5)    Orientation. CEVMS may be placed parallel or perpendicular to the street (single- or double-sided); setback: CEVMS must be at least 10 feet from the street right-of-way;  

          (6)    Height. The maximum height of a CEVMS shall not exceed 25 feet measured from ground level;  

          (7)    Size. The maximum size of the CEVMS shall not exceed 50 square feet per side.  

          (8)    Political signage shall be subject to the same time restrictions as set forth in § 297-16.7 of the Fredonia Zoning Law.  

          (9)    Off-Premises advertising is prohibited, unless a permit is issued by the New York State Department of Transportation. Off-premises advertising is not prohibited if the advertising is for a not-for-profit organization or a business which is included within the activities of a not-for-profit organization.     

  • 297-16.9. Sandwich board signs. [Added 10-10-2016 by L.L. No. 6-2016]

     A. A sandwich board sign for the purposes of this Section is defined as a portable frame sign not to contain or expose more than two individual sign panels at one time and to be no larger than 48 inches vertical by 28 inches horizontal. The sign shall be hinged at the top with a stop, safety chain or lock to prevent overextension (opening) of the framework. The actual sign panel or graphic area shall not exceed 36 inches vertical by 24 inches horizontal. The sign shall be weather-resistant material and of construction to withstand normal weather conditions.

     B. No sandwich board sign shall be placed upon the sidewalks without first obtaining a permit from Village Code Enforcement Office or his designee. The application for the permit shall be signed by the owners or lessees of the premises in front of which the sandwich board is to be placed. The application shall state the name and phone number of the applicant, show the location and size of the sign and any other information the Village Building Inspector determines necessary. The applicant for the permit shall agree to hold harmless and indemnify the Village from damage or expenses arising from the use of the Village sidewalk for a sandwich board sign. The applicant shall provide the Village with an insurance certificate with limits for liability for personal injury of at least $1 million naming the Village of Fredonia as an additional insured. The permit fee as established by resolution from time to time by the Village Board and as set forth in Chapter A312 of the Code of the Village of Fredonia shall be paid upon application for the permit, which permit shall be valid for a period of one year after issuance of the permit; however, at the time of the enactment of this section, no permit fee is required.

     C. Sandwich board signs are permitted only on the sidewalks of the Village within the C-1 Commercial District as shown on the Zoning Map of the Village of Fredonia in connection with a commercial establishment and provided that the sign size, location, sidewalk space and all other requirements regarding sandwich board signs comply with all provisions of this section.

     D. Only one sandwich board sign per establishment shall be permitted.

     E. The hours of use of the sidewalks for a sandwich board sign shall be 1/2 hour after sunrise until the time the business closes, but in no event later than 10:00 p.m. of the same day. At close of business but not later than 10:00 p.m. as aforesaid. the sandwich board sign shall be removed from the sidewalk.

     F. Sandwich board signs shall be removed from the sidewalk when Village snow plows are in use or during periods of high winds or when construction or repair of sidewalks is undertaken.

     G. There must be at least five-feet-wide unobstructed sidewalk space in front of the entire width of the property available for pedestrian passage and for vehicle loading and unloading. The five-feet-wide unobstructed area shall be in the center area of the sidewalk. The sign shall be located along the side of the building or along the curb or side of street, but not so close to the curb or street as to interfere with the opening of vehicle doors. Sandwich board signs shall be moved when necessary so as not to interfere with any loading or unloading.

     H. Any Village Code Enforcement Officer or any Village Police Officer is hereby authorized to remove or move any sandwich board sign not in compliance with this section.

     I. Granting of a permit under this section shall not vest any permanent rights to continue the use of the Village sidewalk for a sandwich board sign. The Code Enforcement Officer or his designee shall have the right to suspend or revoke any permit where the sign does not comply with the provisions of this section or any other applicable regulation. In addition the Village Board of Trustees shall have the right to discontinue at any time the use of’ Village sidewalks or any portion thereof’ for sandwich board signs. Any permit issued under this law shall be subject to applicable rules and regulations of the New York State Department of Transportation.

     J. Owners of existing sandwich board signs shall make application for a permit to the Village of Fredonia no later than November 1, 2016.

     K. Any person, firm, corporation or other entity who violates any part of § 297-16.9 of this Code of the Village of Fredonia shall upon conviction be subject to a fine not exceeding $250.

ARTICLE XVII

Adult Entertainment Facilities

  • 297-17.1. Purpose.

     A. The operation of adult entertainment facilities may have serious operational characteristics and damaging effects upon their surroundings as a result of their siting and concentration within the facilities. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These regulations will help ensure that adverse effects on the public health, safety, morals, comfort, convenience and general welfare are mitigated.

     B. The development and proliferation of adult entertainment facilities without regulation as to siting and concentration may result in the deterioration of residential and business neighborhoods. If placed near schools and other youth-related facilities, adult entertainment facilities may adversely affect the welfare and morals of minors residing within the Village of Fredonia.

  • 297-17.2. Location.

The following provisions shall apply to the location of adult entertainment facilities: 

     A. Adult entertainment facilities shall be permitted only in that portion of the C-2 Commercial District located along Route 60 (Bennett Road) from Route 20 northerly to the Village line, and the westerly line of said portion shall be a line parallel to the westerly line of Route 60 and 480 feet westerly therefrom and only upon approval of a special use permit from the Zoning Board of Appeals; [Amended 10-22-2007 by L.L. No. 4-2007]

     B. No adult entertainment facilities shall be permitted within 500 feet of any lot with a residential use;

     C. No adult entertainment facility shall be permitted within 1000 feet of any of the following:

          (1)    A school;  

          (2)    A religious institution;  

          (3)    A public park or public recreation facility.     

  • 297-17.3. Additional sign requirements.

The following provisions shall apply to signs erected or maintained in connection with an adult book store or an adult motion picture theater: 

     A. No off site signs shall be permitted.

  • 297-17.4. Public display of certain matter prohibited.

Materials offered for sale from adult newsracks shall not be displayed or exhibited in a manner which exposes to the public view any pictures or illustrations depicting any specified sexual activity or any specified anatomical area. Materials offered for sale or viewing at any adult entertainment facility shall not be displayed or exhibited in a manner which exposes any depiction of any specified sexual activity or any specified anatomical area to the view of persons outside the building or off the premises on which such store or theater is located. 

  • 297-17.5. Restrictions cumulative.

The restrictions set forth in this article are in addition to any other applicable provision of this chapter. In the event of any conflict between any such provisions, the more restrictive shall apply.  

ARTICLE XVIII

Flood Damage Prevention Regulations

  • 297-18.1. Purpose; objectives.

     A. Floodplain damage prevention regulations are established to regulate and standardize the protection of people and property from the hazards of development of the floodplain of Canadaway Creek and its tributaries. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

          (1)    Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;  

          (2)    Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;  

          (3)    Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood damages;  

          (4)    Control filling, grading, dredging and other development which may increase erosion or flood damages;  

          (5)    Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and  

          (6)    Qualify for and maintain participation in the National Flood Insurance Program.   

     B. The objectives of this article include:

          (1)    Protecting the public health, safety and welfare of individuals potentially affected by flood hazards;  

          (2)    Reducing the costs incurred by the community at large from inappropriate and unsuitable development located in the floodplain;  

          (3)    Minimizing the need for rescue and relief efforts associated with flooding;  

          (4)    Minimizing prolonged business interruptions;  

          (5)    Minimizing damage to public facilities and utilities;  

          (6)    Helping maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;  

          (7)    Providing that developers are notified that property is in an area of special flood hazard; and  

          (8)    Ensuring that those who occupy the areas of special flood hazard assume responsibility for their actions.   

     C. The flood damage prevention regulations also implement the regulations of the National Flood Insurance Program and related regulations that are administered by the Federal Emergency Management Agency (FEMA). The floodplain management regulations are established to implement the policies of the safety element of the Comprehensive Plan regarding flood hazards associated with Canadaway Creek and its tributaries.

     D. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations; in no circumstances is development allowed in the floodway as defined by the Federal Emergency Management Agency. Larger floods will occur on rare occasions. Flood heights may be increased by person-made or natural causes.

     E. These regulations do not imply that land outside the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages. These regulations shall not create liability on the part of the Village, any officer or employee, or the Federal Insurance Administration, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made.

  • 297-18.2. Applicability; compliance required; penalties for offenses.

     A. The flood damage prevention regulations shall apply to all areas and lots within the 100-year flood boundary (all marked “Zone A”) designation on the map entitled “Flood Insurance Rate Map – Village of Fredonia, New York – Chautauqua County,” dated November 1989, as they exist now or may be amended, on file in the Building Department. These regulations are not intended to supersede the regulations of FEMA, and as the FEMA regulations are changed or amended, these regulations will continue to conform with their restrictions.

     B. These regulations shall be in addition to other regulations established by this chapter. In the event of a conflict in regulations, the flood damage prevention regulations shall apply.

     C. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties outlined in this chapter. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Fredonia from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

  • 297-18.3. Floodplain administration.

     A. The Zoning Enforcement Officer in the Village of Fredonia is appointed to administer and implement these regulations. The duties and responsibilities of the Zoning Enforcement Officer shall include, but not be limited to:

          (1)    Reviewing all development permit applications to determine that the requirements of this chapter have been satisfied;  

          (2)    Reviewing all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;  

          (3)    Reviewing all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purpose of this chapter, “adversely affects” means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose;  

               (a)     If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter;  

               (b)     If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit;    

          (4)    Reviewing all development permits for compliance with the provisions of this article;  

          (5)    Obtaining, reviewing and reasonably utilizing any base flood elevation and floodway data available from a federal, state or other source;   

          (6)    Obtaining and recording the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures, and whether or not the structure contains a basement or cellar;  

          (7)    For all new or substantially improved floodproofed structures:  

               (a)     Obtaining and recording the actual elevation, in relation to mean sea level, to which the structure has been floodproofed;  

               (b)     Maintaining the floodproofing certificates required in this article;    

          (8)    Making interpretations, when needed, as to the exact location of the boundaries of the areas included in the 100-year flood area;  

          (9)    Maintaining, for public inspection, the certificates of elevation and construction and other information and records required pursuant to the National Flood Insurance Program and the Village’s flood damage prevention regulations;  

          (10)  Maintaining for public inspection all records pertaining to the provisions of this chapter, including variances, when granted, and certificates of compliance;  

          (11)  Notifying adjacent communities and the NYS Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Regional Director of the Federal Emergency Management Agency;  

          (12)  Requiring that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;  

          (13)  Making periodic inspections, in conjunction with the developer’s licensed engineer, at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the permit or approved variance.   

     B. When FEMA has designated areas of special flood hazard but has neither produced water surface elevation data (designated Zone A or Z on the FEMA maps) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source. When base flood elevation data are not available, the local administrator may use flood information from any other authoritative sources, such as historical data, to establish flood elevations within the areas of special flood hazard.

  • 297-18.4. Permit review required.

     A. The applicant shall provide the following information, as appropriate. Additional information may be required on the permit application form:

          (1)    The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE, AH or Zone A identified on the FEMA maps. Upon completion of the lowest floor, the applicant shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.  

          (2)    The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the applicant shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.  

          (3)    A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in this article.  

          (4)    A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in this article.  

          (5)    A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by FEMA to revise the documents enumerated in this article, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.  

          (6)    A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.  

          (7)    In Zone A identified on the FEMA maps, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed development (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.   

     B. The following provisions shall apply to the review and approval for projects on lands to which this article is applicable:

          (1)    The review and approval by the Zoning Enforcement Officer shall be required prior to the issuance or approval of the special permit by the Zoning Board of Appeals or site plan approval by the Planning Board. Information necessary to determine compliance with the Flood Damage Prevention Regulations, together with any information, plans, diagrams, etc. for the requested permit, shall be submitted to the Zoning Enforcement Officer for review and approval;  

          (2)    The following activities shall require the review and approval of the Zoning Enforcement Officer when located in the floodplain:  

               (a)     Construction, enlargement, alteration, repair, improvement or moving any building or structure;  

               (b)     Any person-made change to improved or unimproved real estate, including, but not limited to: constructing buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling;  

               (c)     Placement of a manufactured home on improved or unimproved real estate;   

               (d)     Subdivision of any property;  

               (e)     Establishment of a manufactured home development or mobile home park;    

          (3)    A licensed civil engineer shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with the accepted standards of practice. A licensed civil engineer or licensed land surveyor shall certify the specific elevation, in relation to mean sea level;  

          (4)    All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Zoning Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties outlined in this chapter;  

          (5)    All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Zoning Enforcement Officer. Disregard of a stop-work order shall be subject to the penalties described in this chapter.     

  • 297-18.5. Application to historic structures.

The Zoning Enforcement Officer may waive requirements for minimum floor elevations, floodproofing or other provisions of this article for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or designated as landmarks by the State of New York or Village of Fredonia. 

  • 297-18.6. General development standards and requirements.

The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in this article. 

     A. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

          (1)    Proposals shall be consistent with the need to minimize flood damage;  

          (2)    Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage; and  

          (3)    Adequate drainage shall be provided to reduce exposure to flood damage.   

     B. Encroachments.

          (1)    Within FEMA map zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:  

               (a)     The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or  

               (b)     The Village agrees to apply to the Federal Emergency Management Agency (FEMA.) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village for all the costs related to the final map revision.    

          (2)    On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:  

               (a)     A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or  

               (b)     The Village agrees to apply to the Federal Emergency Management Agency (FEMA for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village for all costs related to the final map revisions.     

     C. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

     D. Construction materials and methods.

          (1)    New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.  

          (2)    New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.  

          (3)    For enclosed areas below the lowest floor of a structure within FEMA map zones A1-A30, AE or AH, and also FEMA map Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:  

               (a)     A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and  

               (b)     The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.    

          (4)    Openings may be equipped with louvers, valves, screens or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted.   

     E. Utilities.

          (1)    Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air-conditioning equipment, hot water heaters, appliances, elevator lift machinery, and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer’s or architect’s certification of the design is required;  

          (2)    New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;  

          (3)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building’s exterior wall; and  

          (4)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.   

     F. Residential structures. The following standards apply to structures located in areas of special flood hazard as indicated:

          (1)    Within FEMA map Zones A1-A30, AE and AH, and also FEMA map Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level.  

          (2)    Within FEMA map Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.  

          (3)    Within FEMA map Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Village’s Flood Insurance Rate Map enumerated in this article (at least two feet if no depth number is specified)  

          (4)    Within FEMA map Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.   

     G. Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in this article:

          (1)    Within FEMA map Zones A1-A30, AE and AH, and also FEMA map Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:  

               (a)     Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or  

               (b)     Be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.    

          (2)    Within FEMA map Zone AO, new construction and substantial improvements of nonresidential structures shall:  

               (a)     Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Village’s FIRM (at least two feet if no depth number is specified); or  

               (b)     Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in this article.    

          (3)    If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this article, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.  

          (4)    Within FEMA map zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.  

          (5)    Within FEMA map Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.   

     H. Manufactured homes and recreational vehicles. These standards apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

          (1)    Recreational vehicles placed on sites within FEMA map zones A1-A30, AE and AH shall either:  

               (a)     Be on site fewer than 180 consecutive days,  

               (b)     Be fully licensed and ready for highway use, or  

               (c)     Meet the requirements for manufactured homes in this article. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.    

          (2)    A manufactured home that is placed or substantially improved in FEMA map Zones A1-A30, AE and AH that is on a site either outside of an existing manufactured home park or subdivision as herein defined; in a new manufactured home park or subdivision as herein defined; in an expansion to an existing manufactured home park or subdivision as herein defined; or in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.  

          (3)    A manufactured home to be placed or substantially improved in FEMA map Zones A1-A30, AE and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be:  

               (a)     Elevated in a manner such as required in this article; or  

               (b)     Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.    

          (4)    Within FEMA map Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.  

          (5)    Within FEMA map Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in this article (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.   

     I. Floodplain variance procedure.

          (1)    The Zoning Board of Appeals as established by the Village Board shall hear and decide appeals and requests for variances from the requirements of this chapter.  

          (2)    The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.  

          (3)    Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the New York Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.  

          (4)    In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors and standards specified in other areas of this chapter:  

               (a)     The danger that materials may be swept onto other lands to the injury of others;  

               (b)     The danger to life and property due to flooding or erosion damage;  

               (c)     The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;  

               (d)     The importance of the services provided by the proposed facility to the Village;  

               (e)     The necessity to the facility of a waterfront location, where applicable;  

               (f)      The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;  

               (g)     The compatibility of the proposed use with existing and anticipated development;  

               (h)     The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;  

               (i)      The safety of access to the property in times of flood for ordinary and emergency vehicles;  

               (j)      The costs to local governments and the dangers associated with conducting search-and-rescue operations during periods of flooding;  

              (k)     The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and  

               (l)      The costs of providing governmental services during and after flood conditions, including search-and-rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.    

          (5)    Upon consideration of the factors of this article and the purpose of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.  

          (6)    The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.   

     J. Conditions for floodplain variances.

          (1)    Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (l) in § 297-18.6I4) in this article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.  

          (2)    Variances may be issued for the repair or rehabilitation of historic structures upon determination that:  

               (a)     The proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure.  

               (b)     The variance is the minimum necessary to preserve the historic character and design of the structure.    

         (3)    Variances may be issued by the Village for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:  

               (a)     The criteria of this article are met;  

               (b)     The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.    

          (4)    Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.   

          (5)    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.  

          (6)    Variances shall only be issued upon receiving written justification of:  

               (a)     A showing of good and sufficient cause;  

               (b)     A determination that failure to grant the variance would result in exceptional hardship to the applicant; and  

               (c)     A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.    

          (7)    Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of the Village official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

 

 

 

ARTICLE XIX

Parking, Stacking and Loading Requirements

  • 297-19.1. Purpose.

Off-street parking, stacking and loading requirements must meet the standards set forth in this article. As permitted uses in certain zones, they shall be considered an accessory use when required or provided to serve conforming uses in any zone. The following off-street parking, loading and stacking requirements are established to: 

     A. Relieve congestion and facilitate the movement of vehicular traffic;

     B. Promote the safety and convenience of pedestrians by locating parking areas so as to reduce the impact of vehicles;

     C. Protect adjoining residential uses from negative impacts of on-street parking;

     D. Promote the general convenience, welfare and prosperity of commercial, service, research, production and industrial development;

     E. Ensure parking facilities are designed and consider orderly arrangement, topography, landscaping and ingress/egress as part of the overall site design;

     F. Provide regulations and standards for development of off-street parking to protect the character of the Village of Fredonia.

  • 297-19.2. General provisions.

     A. Employee parking. Whenever parking requirements are based on the number of employees, it shall mean the maximum number of employees on duty in the premises at one time or any two successive shifts.

     B. Net floor area. The net floor area is defined as the total floor area less permanent concourses, stair halls, lobbies, elevator shafts, areas permanently devoted to warehousing and rooms housing equipment servicing the entire building.

     C. Fractional requirements. When units of measurements used in computing the number of required off-street parking, loading and stacking spaces result in the requirement of the fractional space, the nearest whole number of off-street parking spaces shall be required.

     D. Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be reduced or encroached upon in any manner. No required front yard, or portion thereof, in any residential district or for any residential uses in other districts shall be utilized to provide parking required in this chapter.

     E. If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Zoning Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

     F. Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space or any required loading and unloading space be substituted for a parking space.

     G.  The parking spaces provided, along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Zoning Enforcement Officer at the time applications for building permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provisions must be made for the adequate drainage of parking areas.

  • 297-19.3. Residential districts or residential uses in other districts. [Amended 5-13-2002 by L.L. No. 1-2002; 4-14-2003 by L.L. No. 3-2003]

     A. Front yard parking. Front yard parking in residential-zoned districts or for residential uses outside of residential-zoned districts is prohibited, except for parking in the driveway accessing a garage or designated parking area in compliance with this chapter. For the purpose of this chapter, “driveway” shall be defined as the surface leading from the garage to the roadway or designated parking space in a straight line. If there is no garage, then parking shall be suitably located, but not in the front yard setback.

          (1)    Exceptions. Front yard parking is permitted for not more than one vehicle for an existing owner-occupied residence, provided the Zoning Enforcement Officer (ZEO) determines that no driveway exists or can be constructed because of insufficient space and that the parking will not violate any other law, rule or regulation of the Village of Fredonia or create any threat to safety. The owner of the residence shall first submit a written application for front yard parking to the ZEO, which shall include all information requested by the ZEO and also a survey showing the location of the proposed parking and location of all buildings and boundaries of the premises. The location of the parking is subject to approval of the ZEO.     

  • 297-19.4. Commercial and industrial districts.

     A. Off-street parking, stacking and loading improvements:

          (1)    Will not increase the congestion on adjoining residential streets in such a way as to promote a traffic hazard or a nuisance to adjoining residents;  

          (2)    Will be properly screened, lighted and designed so as to prevent nuisance to adjoining residents;  

          (3)    Will be landscaped as required by this chapter;  

          (4)    Will be used for the purpose of passenger automobiles or commercial vehicles only;  

          (5)    No commercial repairs, sales or services shall be conducted;  

          (6)    Shall be located not less than 10 feet from any adjacent residential lot line.   

     B. There shall be no required off-street parking for the C-1 District as established on the Zoning Map of the Village of Fredonia, provided that the use of the premises is in compliance with this chapter, and provided, further, that the structure in which the use is conducted is in existence and does not require a site plan review, special permit, rezoning or variance as outlined in this chapter.

     C. Parking requirements for the C-1 District may be waived by the Planning Board, providing the proposed use is within 400 feet of a municipally operated off-street parking facility. The Planning Board shall, at the time of approval of the site plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity to accommodate the need generated by the use.

  • 297-19.5. Special parking restrictions.

     A. Civic uses and places of assembly. Parking areas serving churches, clubs, community centers and other public facilities within or adjacent to a residential district shall be located within the side and rear yards. Driveways may be located within the front yard. Driveways and parking areas shall be located not less than 10 feet from any adjacent residential lot lines.

     B. Motor vehicle service station. Unenclosed parking of motor vehicles at gasoline service stations shall be limited to four vehicles, and no vehicle shall remain so parked in excess of 24 hours. Unenclosed overnight parking of motor vehicles at automobile washing establishments is prohibited.

  • 297-19.6. Exceptions.

The requirements of this article may be reduced to the extent that the applicant can demonstrate that less parking is required for one of the following reasons: 

     A. Unique use times: uses operate at times other than “normal” business hours and, thus, could make arrangements with surrounding landowners to utilize their parking facilities through a formal agreement;

     B. Overlap coverage: adjacent uses may operate at different times and could, thus, develop a shared parking facility;

     C. The regulation is excessive for proposed development, as applied to the individual landowner;

     D. The new development is in close proximity to a public parking facility.

  • 297-19.7. Off-street parking requirements.

In all zones, the following minimum off-street parking requirements shall be provided and maintained in the case of new construction, alterations which increase the number of required parking units and changes in use that require a site plan review, special use permit, rezoning or variance and require additional parking spaces:

Use Number of Required Off-Street Parking Spaces
Amusement facilities (including, but not limited to, recreation centers and facilities, skating rinks) 1 for every 5 customers computed on the basis of maximum servicing capacity at any 1 time, plus 1 additional space for every 2 persons regularly employed on the premises
Assisted-living facilities 1 for each 2 beds, plus 1 parking space for each employee
Auditoriums, theaters, gymnasiums and other places of public assembly 1 for each 5 seats
Automobile repair shops 2 per bay, with a minimum of six parking spaces
Automobile (new and used) facilities 2 for each employee
Barber shops/beauty parlor 2 per barber or beauty chair
Boarding or rooming houses 1 for each sleeping room occupied by roomers or boarders, plus 1 for each dwelling unit on the premises, and plus 1 additional space for every 2 persons regularly employed on the premises
Bowling alleys 2 spaces per alley
Church 1 for each 5 fixed seats; if no fixed seats, 1 parking space for each 25 square feet of net floor area
Civic center Parking or storage space for all vehicles used directly in the operation of such establishment, plus 4 parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area
Clubhouses and permanent meeting places of veterans, business, civic, fraternal, organizations labor and other similar 1 for every 50 square feet of net floor area in the auditorium, assembly hall and dining room of such building, plus 1 for every 2 persons regularly employed on the premises
Colleges and universities 1 for every 5 seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, 1 space shall be provided for each person regularly employed at such institution, plus 5 additional spaces for each classroom.
Convalescent home (see “nursing home”)  
Convenience store 1 for every 150 square feet of gross floor area
Dancing studios 1 per 75 feet of net floor area devoted to the activity
Dormitories: 1 for every 2 beds, computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking requirement for colleges and universities
Dwelling (single- and two-family, townhouse, row house, condominium) 2 per dwelling unit
Dwelling (multiple-family) 2 per dwelling unit
Dwelling (senior) 1 per dwelling unit
Dry cleaning 1 for each 300 square feet of gross floor area
Funeral homes: 1 for each 100 square feet of gross floor area
Health spas and swimming pools 1 per 50 square feet of net floor area and pool area devoted to activity
Hospitals 1 for each patient bed
Hotels 1 for each guest room, plus 1 per 6 seats for the restaurant/bar area
Industrial plants, wholesale distribution, laboratories, etc. 1 per employee
Laundromats (self-service) 1 for each 200 square feet of gross floor area used by the general public
Libraries: 1 for each 1000 square feet of gross floor area
Medical and dental offices/clinics 1 for each employee, plus 1 space for each examining room
Miniature golf 1 for each hole
Museums 1 for each 1000 square feet of gross floor area
Nursing homes 1 for each 5 beds, plus 1 parking space for each employee
Offices (general) 1 for each 400 square feet of net floor area
Private clubs 1 per 3 seats, and one parking space per 150 square feet for customer area or takeout services
Public and semi-public buildings 1 per 200 square feet of net floor area; if devoted to uses other than office, 1 space per 5 seats
Restaurant and banquet hall 1 per 3 seats, and 1 per 150 square feet for customer area or takeout services
Retail stores 1 for each 250 square feet of sales floor area
Schools (nursery and primary) 1 for each teacher, employee and administrator
Schools (secondary) 1 for each 10 seats used for purposes of instruction; if no fixed seats, 1 for each 100 square feet used for purposes of instruction
Shelters 1 for every 2 employees
Shopping centers 6 for each 1,000 square feet of net floor area
Taverns, bars 1 for every 50 square feet of total floor area
Tennis clubs 3 per court
Tourist home, motel: 1 for each sleeping room

 

 

  • 297-19.8. Stacking requirements.

In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required. The size of a stacking or queuing space shall be 20 feet in length by nine feet in width.

 

 

Use Number of Required Stacking Spaces
Car wash (coin-operated) 2 per stall
Car wash (rapid) 10 per stall
Drive-in bank 5 per lane
Drive-in photographic facility 2 per service window
Drive-in oil change and quick-lube facility 3 per bay
Drive-in facilities (General) 5 per booth, customer facility or service window

 

 

  • 297-19.9. Loading requirements. [49]

     A. On the same premises with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property.

     B. Off-street loading, as required above, shall be provided and maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this article. Space required and allocated for any off-street loading facility shall not be used to satisfy the space requirements for off-street parking or stacking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.

     C. Requirements.

          (1)    Location of facility. All required loading facilities shall be related to the building and provide for loading and off-loading of delivery and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of access ways, parking or stacking facilities, public streets or sidewalks. A required loading space shall not face or be visible from the frontage street and shall not be located in a required front yard or a required side or rear yard if adjoining a residential district.  

          (2)    Access driveway. Each required off-street loading space shall be designed for vehicular access by means of a driveway, or driveways, to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation.  

          (3)    Minimum size criteria. Off-street loading space shall be at least 20 feet in length by 12 feet wide. The area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least 14 feet.  

          (4)    Required loading facilities. The following off-street loading facilities shall be provided as required:

  Use Size of Use
(square feet)
Required Number of Off-Street Loading Bays
  Retail stores and services Under 5,000
5,001 to 40,000
40,001 to 50,000
50,001 +
1
2
3
4
  Wholesale and industrial operations Under 40,000
40,001 to 100,000
100,001 +
1
2
3
  Office buildings, hotels 100,000 + 1
  Hospitals and nursing homes   2, 1 of which is for emergency vehicles

 

 

  • 297-19.10. Design guidelines. [50]

     A. Each space shall be provided access to a public street through a drive or aisle not less than 10 feet wide.

     B. Dimensions.[51]

          (1)    Parking shall be designed in dimensions according with the following:

  Angle Stall Length Stall Width Aisle Width Total Width
  90° 19′ 00″ 9′ 00″ 24′ 00″ 62′ 00″
  60° 21′ 00″ 10′ 05″ 18′ 00″ 60′ 00″
  45° 19′ 10″ 12′ 09″ 13′ 00″ 52′ 08″
 

 

 

          (2)    Parking for the physically handicapped shall be in accordance with all applicable state regulations.   

     C. Grading and paving. Parking, stacking and loading areas and access shall be graded and drained so that surface water shall not be allowed to flow onto adjacent properties.

     D. Maintenance. Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the final approved site plan in order to provide for orderly and safe parking, storing and loading of vehicles. The Planning Board or Zoning Board of Appeals may also require structural or landscape features, including, but not limited to, bumper guards, curbs, walls or fencing, landscaping or berming, to ensure protection of property and persons and privacy screening for adjacent land uses with visual, noise and air standards.

     E. Illumination. Parking, stacking and loading areas shall be illuminated only to the extent necessary to ensure public safety. Illumination shall not be used for the purpose of advertising or attracting attention to the principal use. Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or persons using adjacent public streets.

     F. Pedestrian walkways. Walkways will be provided to link parking areas and buildings on the site to ensure pedestrian safety. Special consideration will be given when drive-throughs are incorporated in the design to ensure safety for pedestrians as vehicles are moving.

     G. Driveways to parking areas. Entrance and exit driveways serving parking facilities, drive-in businesses and other parking areas shall be provided in location, size and number so as to minimize interference with uses on adjacent properties and the flow of traffic on adjacent streets.

 

 

 

 

 

 

 

 

 

ARTICLE XX

Landscaping Requirements

  • 297-20.1. Purpose.

Landscaping requirements in the Village of Fredonia are established to: 

     A. Promote the public health, safety and welfare of all residents in the Village of Fredonia by requiring all nonresidential developments to landscape their lands, including parking areas;

     B. Establish minimum landscaping standards and criteria for all nonresidential developments;

     C. Minimize the unnecessary clearing and disturbing of land to ensure protection of natural, existing flora and replace native flora that has been removed;

     D. Reduce the effects of wind and air turbulence, heat, noise and the glare of lighting;

     E. Provide unpaved areas of a development and regulate the amount of impervious surface to ensure absorption of stormwater;

     F. Prevent soil erosion;

     G. Provide shaded areas in developments;

     H. Protect property values and character of neighborhoods in the Village of Fredonia;

     I. Ensure the development of new parking areas has minimal visual effects on the neighborhood.

  • 297-20.2. Applicability.

All nonresidential uses and residential uses requiring site plan approval or a special use permit are subject to the provisions of this article. All planting strips, yards, setbacks and other required open space area shall be landscaped in accordance with a landscaping plan, prepared by a landscape architect, architect or engineer and approved by the Planning Board or Zoning Board of Appeals. 

  • 297-20.3. Maintenance of plantings.

All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning. All required fences and walls shall be maintained and, when necessary, repaired or replaced. 

  • 297-20.4. Guidelines for landscaping plan.

Prior to the issuance of zoning permits, site plan approval, special use permits, etc., 10 copies of the landscaping plan shall be submitted to the Village of Fredonia as part of the application package. The following guidelines shall be used in developing the landscaping plan: 

     A. Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged by the Village of Fredonia.

     B. Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.

     C. Decorative water features should use recirculating water, when possible.

     D. Landscaping shall provide privacy and screening for adjacent land uses, with visual, noise and air quality factors considered.

  • 297-20.5. Landscaping plans and additional information. [52]

Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate the following: 

     A. Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group;

     B. Property lines and street names;

     C. Streets, driveways, walkways and other paved areas;

     D. Pools, ponds, water features, lighting fixtures, fences and retaining walls;

     E. Existing and proposed buildings and structures, including elevation, if applicable;

     F. Natural features, including, but not limited to, rock outcroppings, existing plant materials that will be preserved;

     G. Tree staking, plant installation, soil preparation details and all other applicable planting and installation details;

     H. Calculation of the total landscaped area;

     I. Designation of recreation areas, if applicable.

  • 297-20.6. Landscaping plan standards – general. [53]

For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be observed for all projects subject to this article: 

     A. A minimum ground area of not less than 12 percent of the total lot area shall be landscaped;

     B. A landscaped area shall have a minimum width of five feet, excluding curbs, retaining walls or similar enclosing structures;

     C. Landscaping materials shall be contained so as not to spill or intrude into the public right-of-way;

     D. All trees shall be staked and all planting areas mulched;

     E. The use of synthetic vegetation (turf, plastic plants, etc.) shall not be allowed for any required landscaping;

     F. The minimum size for shrubs and trees shall be determined during site plan or special use permit review.

  • 297-20.7. Landscaping plan standards – residential. [54]

The following standards shall be observed in residential projects that are subject to this article: Nursery-grown trees of a caliper size of at least two inches shall be selectively sited throughout all common open areas to naturalize the site. The number shall be determined by requiring one tree for every 40 feet of perimeter of the lot. 

  • 297-20.8. Landscaping plan standards – parking lots and areas. [55]

The following standards shall apply to all parking lots and parking areas subject to the provisions of this article: 

     A. A minimum of one landscaped area with a minimum size of 171 square feet (approximately nine feet by 19 feet) shall be provided for every nine parking spaces.

     B. The following standards shall apply to the screening of parking lots, parking areas and other open storage areas subject to this article:

          (1)    Parking lots and parking areas shall be screened from public streets, alleys, paths and private streets by dense landscaping having a minimum height of three feet. An earth berm may be credited toward the height required. At all intersections and driveways, screening shall be restricted to a maximum height of two feet and trees shall be maintained to a clearance of seven feet above ground to ensure sight lines remain unobstructed.  

          (2)    Parking lots and parking areas shall be screened from abutting lots with a minimum height of five feet. An earth berm may be credited toward the required height. At all intersections and driveways, screening shall be restricted to a maximum height of two feet and trees shall be maintained to a clearance of seven feet above ground to ensure sight lines remain unobstructed.   

     C. Equipment and open storage areas shall be screened from public streets, alleys, paths, private streets and abutting lots to a minimum height of six feet.

 

 

 

 

 

 

ARTICLE XXI

Supplemental Regulations

  • 297-21.1. Purpose.

The supplemental regulations contained in this article address uses that are allowed, allowed following site plan review or as a special permitted use or other uses that may be restricted or prohibited in various zoning districts. These regulations consider the unique characteristics of each use and the potential impacts they may have on the community and its residents. 

  • 297-21.2. Accessory buildings.

Unless otherwise specified, all accessory buildings shall observe the same yard requirements as principal buildings except for the following: 

     A. In all residential districts, accessory buildings lying wholly within a rear yard may extend not closer than 7.5 feet to the side and rear lot line.

     B. n commercial and industrial districts, accessory buildings lying wholly within a rear yard shall be a minimum of five feet from side or rear lot lines, except that accessory buildings used for business or individual purposes shall be a minimum of 25 feet from any residential district boundary.

     C. In any district, the distance between the main building and the accessory building shall be a minimum of 10 feet.

  • 297-21.3. Animals.

     A. The keeping of hogs, cows, horses, other farm animals, exotic animals or wild animals is prohibited in all zoning districts.

     B. Not more than a total two dogs and two cats may be kept on any one premises except kennels as defined by this article as are permitted in the C-2 District.

  • 297-21.4. Cesspools and septic tanks.

     A. No cesspool or septic tank shall be permitted in the Village of Fredonia except as provided in this article.

     B. In residential districts where a public sanitary sewer main is not reasonably accessible in the opinion of the Planning Board, other proper provisions approved by the Planning Board shall be made for the disposal of sanitary waste. Individual septic tanks may be permitted in the case of lots of not less than one acre, provided that:

          (1)    No such septic tank shall be permitted in low swampy areas with a high water table (permanent, fluctuating or seasonal), areas with ledge rock or areas that are subject to flooding.  

          (2)    All septic tank installations shall otherwise conform to the requirements of the Chautauqua County Health Department.     

  • 297-21.5. Corner visibility.

Within the triangle formed by two intersecting street line rights-of-way and a line joining points on such street lines 30 feet from the intersection, no fence, wall, hedge or dense foliage shall be erected, planted or maintained in excess of three feet. 

  • 297-21.6. Drive-in businesses.

Plans for the erection or structural alteration of drive-in establishments, as herein defined, shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties. 

  • 297-21.7. Dwelling units.

     A. Cellar occupancy. Cellar occupancy is prohibited. It shall be unlawful to occupy all or part of any cellar for sleeping purposes.

     B. Basement occupancy. Any basement area used for living purposes shall have not fewer than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have no less than 8% natural light and 4% natural ventilation based on the gross floor area.

     C. Slope of yards. No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered so as to contain dwelling units, unless the surface grade of the front yard at the front wall of such building is more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade of the front of the front wall of the dwelling shall not be less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Zoning Enforcement Officer may accept a substitute gradient, providing that no minus gradient its established within 15 feet of the front wall or within six feet of either side of the rear wall of the dwelling.

     D. Access roads. Any access road or driveway serving a multifamily dwelling shall conform to the requirements for a minor road, as defined in the Subdivision Regulations of the Village of Fredonia.[56]

  • 297-21.8. Fencing and walls.

The Planning Board or Zoning Board of Appeals may require fences, vegetation or other appropriate material in nonresidential districts where they abut residential districts to assure privacy for adjacent land uses with visual, noise or air quality factors considered. The following shall apply to all fences and walls in the Village of Fredonia: 

The height of all fences or walls shall be measured from the average finished grade of the lot.

     A. No fence or wall in a residential district shall exceed six feet in height.

     B. A fence of 12 feet shall be allowed to enclose a tennis court.

     C. In residential districts, fences not more than sixty-percent solid may be located in any front yard or in any yard with street frontage.

     D. In no event shall fences or walls in nonresidential districts abutting residential districts exceed six feet in height.

     E. Within a nonindustrial district, no fence or wall, other than a necessary retaining wall, over three feet in height shall extend into the front yard of any lot.

     F. All solid fences shall be so installed so that the better side shall face outward; all bracing shall be on the inside of the fence.

     G. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding three feet in height shall be erected or maintained on any lot within the triangle formed by the street lines on such lot and a line drawn between points along such street line rights-of-way 30 feet distant from their point of intersection.

  • 297-21.9. Gas wells.

     A. No person, firm, corporation or other entity shall begin construction of a gas well without first giving at least three days’ prior written notice to the Zoning Enforcement Officer together with a copy of a valid permit issued by the New York State Department of Environmental Conservation permitting the construction of the gas well.

     B. No building shall be constructed nearer than 50 feet to an existing gas well.

     C. The owner/seller of a parcel of land shall disclose in writing to the purchaser of said parcel the location of any existing gas well located on the remaining adjacent lands of the owner/seller which is within 200 feet of the parcel of land that is sold. The owner/seller shall obtain from the purchaser an acknowledgement that the purchaser has been so informed. The acknowledgment shall be provided to the Zoning Enforcement Officer prior to the issuance of any building permit for the parcel of land that is sold.

  • 297-21.10. Hotels.

Hotels, motor courts or motels, where allowable under this chapter, shall conform to the following requirements: No rental structure or part thereof shall be placed closer to any street or road line than 100 feet, closer to any other property line than 50 feet or closer to any other residential district boundary than 200 feet. 

  • 297-21.11. Mobile homes.

The following shall apply in addition to all other regulations of the Village: No mobile home shall be parked and/or occupied in any district except in an approved mobile home park. 

  • 297-21.12. Mobile home parks.

The following shall apply in addition to all other regulations of the Village of Fredonia regarding mobile home parks: 

     A. Permit. It is unlawful within the Village of Fredonia for any person or persons to construct or operate a mobile home park without first securing a written permit from the Village of Fredonia and complying with the regulations of this chapter.

     B. Application. Any applicant for a mobile home park license shall state that as agent or owner, he or she shall be responsible for the proper maintenance and upkeep of the proposed park and shall furnish the following information:

          (1)    Boundaries of plot area;  

          (2)    Entrances, exits and walkways;  

          (3)    Trailer sites or lots;  

          (4)    Method and plan of sewage disposal;  

          (5)    Method and plan of garbage disposal;  

          (6)    Water supply;  

          (7)    Electric lighting;  

          (8)    Owners’ and operators’ name and address.   

     C. Park plan. The park plan shall include the following:

          (1)    In the R-3 Zone, a mobile home park shall have an area of not less than seven acres.  

          (2)    In the R-3 Zone, no mobile home lot or office or service building shall be closer to a street, road or other property line than 100 feet.  

          (3)    In all other zones where mobile home parks are allowed, no mobile home or trailer lot, office or service building shall be closer to any street or road line than 100 feet or closer to any other property line than 50 feet.   

     D. Additional requirements. Wherever located, a mobile home park shall conform to the following additional requirements:

          (1)    The park shall be located on a well-drained site suitable for the purpose, with an adequate entrance road at least 20 feet wide;  

          (2)    Individual mobile home lots shall have an area of not less than 3000 square feet, with a minimum width of 40 feet and a minimum depth of 75 feet;  

          (3)    The total number of mobile home lots shall not exceed 12 per gross acre;  

          (4)    Margins alongside of the rear property line shall be densely planted with trees and shrubs for a depth of not less than 25 feet;  

          (5)    Each mobile home shall have an entrance platform to conform with the overall plan;  

          (6)    Each mobile home park shall provide sanitary services and conveniences, including water supply, sewage disposal, lighting, garbage disposal and incinerator, according to the regulations in this article.   

     E. Water supply. A sufficient supply of water obtained from the Village of Fredonia water system shall be provided to each mobile home.

     F. Sewage and refuse disposal. Waste from showers, toilets and laundries shall be connected to the Village of Fredonia wastewater system in a manner approved by the Director of Public Works. All kitchen sinks, washbasins, lavatories, baths and showers in the mobile home located in any mobile home park shall empty into the Village of Fredonia sanitary sewer system.

  • 297-21.13. Motor vehicle use areas – general.

     A. Any portion of a lot used for open off-street parking for open sales, service or storage areas for motor vehicles, contractor’s equipment or boats shall be deemed to be a motor vehicle use area. No building, fuel dispenser, motor vehicle or any other equipment or storage shall be closer than 25 feet to a residential district, nor 20 feet to a street line.

     B. New motor vehicle use areas or alterations of existing motor vehicle use areas shall be subject to the following requirements:

          (1)    Surfacing. Every motor vehicle use area and access driveway shall be surfaced with a durable and dustless material and shall be so graded and drained as to dispose of surface water accumulations.  

          (2)    Lighting. Any fixture used to illuminate any motor vehicle use area shall be arranged so as to direct the light away from the street and from adjoining lots in any residential district.  

          (3)    Screening. Every motor vehicle use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any residential district by a landscaped buffer of no less than five feet in width. Such buffer shall be landscaped and maintained by the owner.  

          (4)    Access. No entrance or exit to a motor vehicle use area shall be permitted within 30 feet of any intersecting street lines and, except for permitted residential off-street parking areas in the residential districts, no entrance or exit shall be permitted within 10 feet of a lot in any residential district.  

          (5)    Restriction. No motor vehicle use area shall be used for auto wrecking or for storage of wrecked, partially dismantled or equipment, or motor vehicles which do not qualify for New York State motor vehicle registration.     

  • 297-21.14. Motor vehicle service stations and garages.

     A. No motor vehicle service station or garage shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on the same side of the street or within the same square block.

     B. All motor vehicle service stations shall be so arranged and all fuel dispensers shall be so placed as to require all servicing on the premises and outside the public way; no fuel dispenser shall be placed closer to any side property line than 50 feet.

     C. No inoperative motor vehicles shall be kept on the premises of motor vehicle service stations for longer than two weeks unless enclosed or fenced in an area not visible from off the property.

     D. All waste material will be stored within a structure or enclosed within fencing so as not to be visible from off the property.

  • 297-21.15. Quarries, gravel pits, topsoil removal, major excavations, grading and filling.

A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Zoning Board of Appeals, with appropriate approvals from the NYS Department of Environmental Conservation, provided that: 

     A. No excavation, blasting or stockpiling of materials shall be located within 300 feet of any public road, property line or any creek.

     B. No power-activated sorting machinery or equipment shall be located within 600 feet of any public road or other property line, and all such machinery shall be equipped with satisfactory dust-elimination devices.

     C. All excavation slopes in excess of one or two shall be adequately fenced as determined by the Zoning Enforcement Officer.

     D. Extension of an existing nonconforming operation shall not be permitted.

     E. Major excavating, grading or filling, as defined herein, shall not be permitted in any district except when done by a duly constituted public body.

     F. No quarry, sand or gravel pit shall be permitted in any residential district.

  • 297-21.16. Shopping centers.

The Planning Board or Zoning Board of Appeals may authorize the issuance of a permit or permits for the construction of a shopping center in applicable zones provided the center conforms to the following requirements: 

     A. Plan. The proposed development shall be in accordance with a site plan submitted to the Village of Fredonia and approved by the Planning Board. It shall not be required that the entire development be in a single ownership, built or financed by a single party if satisfactory evidence is shown that all parties financially or otherwise concerned in the development are legally bound to conform to the submitted site plan.

     B. Vehicular access. All vehicular entrances and exits upon public roads shall be approved by the proper highway authority and the Director of Public Works.

  • 297-21.17. Satellite television receiving antennas.

Satellite television receiving antennas are allowed in any zoning district as an accessory use to any permitted use, provided: 

     A. No more than one satellite television receiving antenna is allowed per residential lot;

     B. In all zoning districts, except residential districts, the roof-mounted satellite television receiving antenna can be no more than 10 feet in diameter and must be accompanied by drawings stamped by a licensed engineer indicating wind load imposed, roof structure design or redesign of roof structure to carry added wind/weight load;

     C. In residential districts, ground-mounted satellite antennas are allowed only in rear yards and their overall height shall not be greater than 12 feet in height. Its perimeter shall adhere to all setback requirements set forth in this chapter;

     D. In residential districts, rooftop-mounted satellite antennas larger than 18 inches shall be prohibited;

     E. In commercial and industrial districts, satellite antennas shall not be more than 25 feet above grade. Ground mounted systems in commercial districts shall be screened with appropriate fencing or landscaping indicated in Article XX, Landscaping Requirements.

  • 297-21.18. Solar efficiency.

To promote and protect the use of solar efficiency in the Village of Fredonia, the following shall apply: 

     A. The placement of structures or modification of existing structures containing solar structures shall be by special use permit. If no protection from adjacent development is sought for a system, then no permit shall be required for the installation unless the floor space is increased. Consideration will be given to locating the structures the furthest distance from adjoining properties, on the southern exposure, which is reasonably possible. This distance shall be a minimum of 100 feet and may be required to be more if the slope so dictates.

     B. The placement of structures, trees, towers, etc. which have the potential of blocking the sun from adjacent solar collectors established by special use permit shall only be allowed by special use permit. The placement of said potential obstruction shall be such that it least interferes with the adjacent solar collectors while still allowing reasonable use of the land.

      C. If protection is sought, owners of all properties within 200 feet of the property on which the solar collector is to be placed will be notified, in writing, of the intent to place a system in the neighborhood and the possible effects this could have on future development. The date, time and location of any public hearings shall be included in the notification.

  • 297-21.19. Storage.

To provide visual protection from the storage of equipment and materials, all such storage in any District shall be within completely enclosed buildings or, if left open to the sky, shall be effectively screened from public view; this screening shall be a combination of walls, fencing and landscaping. Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times. 

  • 297-21.20. Swimming pools.

A private swimming pool, installed or maintained as an accessory use in a residential district, shall meet the following requirements: 

     A. The pool shall be used only as an accessory use to a dwelling or to a special permit use in a residence district for the private use of the owner or occupant of such dwelling or building and their family, guests or employees. The water surface area of the pool shall not exceed 600 square feet.

     B. All pools shall be completely enclosed by a security fence in accordance with the applicable regulations of the New York State Uniform Fire Prevention and Building Code and shall be maintained at all times in accordance with said regulations as amended from time to time.

     C. Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

     D. Pools equipped with an integral filtration system and filter pumps or other mechanical devices shall be so located and constructed so as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.

     E. No permission shall be granted for the installation of any swimming pool until the Zoning Enforcement Officer has filed a statement that provisions for the drainage of such pool are adequate and will not interfere with the public water supply system or existing sanitary facilities.

  • 297-21.21. Telecommunications.

     A. Legislative intent. The Village of Fredonia recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to regulate the location, construction and modification of these facilities in accordance with sound land use planning by:

          (1)    Minimizing the adverse visual effect of towers and/or similar facilities through careful design, siting and vegetative screening and/or buffering.  

          (2)    Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures.  

          (3)    Maximizing the use of any new and/or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needed in the Village.  

          (4)    Providing for the general health, safety and welfare of the Village in and by the regulation of these facilities as such regulation is permitted under applicable federal and/or state law.  

          (5)    Accommodating and allowing wireless service providers to meet their service objectives insofar as they can be accommodated consistent with these regulations and/or other applicable federal or state laws.   

     B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE — A uninhabitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility or antenna and located on the same lot as the communications tower or antenna. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.  

ANTENNA — A system of electrical conductors that transmits or receives radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication services (PCS) and microwave communications.  

BOARD or ZONING BOARD — The Zoning Board of Appeals of the Village of Fredonia.  

COLLOCATED ANTENNAS — Telecommunications facilities that utilize existing towers, buildings or other structures for placement of antennas and do not require construction of a new tower.  

FAA — The Federal Aviation Administration.  

FALL-DOWN ZONE — The radius around a tower within which all portions of the tower and antennas would fall in the event of a structural failure of the tower.  

FCC — The Federal Communications Commission.  

TELECOMMUNICATIONS FACILITIES — Towers and/or antennas and accessory structures together used in connection with the provision of cellular telephone service, personal wireless communication services (PWCS), paging services, radio and/or television broadcast services, microwave transmission and/or similar or like broadcast services.  

TOWER — A structure designed to support antennas. It includes, without limitation, freestanding towers, guyed towers, monopoles and similar structures that do, or do not, employ camouflage technology.  

     A. Permit required.

          (1)    No telecommunications facility shall be sited, located, constructed, erected or modified without the issuance of a special use permit as prescribed by this article.  

          (2)    The Zoning Board of Appeals is hereby authorized, after public notice and a hearing, to review and approve, approve with modifications or disapprove special use permits pursuant to this chapter. The Zoning Board of Appeals shall have the authority to impose such reasonable restrictions and conditions as are directly related to or incidental to the proposed antenna, tower or accessory structures.  

          (3)    The Zoning Board of Appeals may waive any provision of this article for telecommunications facilities whose total height above ground does not exceed 30 feet from ground level.  

          (4)    Notwithstanding any inconsistent provisions of Chapter 297, Zoning, of the Code of the Village of Fredonia, towers and antennas shall be permitted and regulated only in accordance with the provisions of this article.   

     B. Zoning districts permitted. Telecommunications facilities shall be permitted only in the Highway Business District C-2 and the R-3 Residential District and only upon the issuance by the Zoning Board of Appeals of a special use permit under this article. All applications will require a site plan as provided herein.

     C. General standards.

          (1)    No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunications facility shall be authorized by the Zoning Board of Appeals unless it finds that such telecommunications facility:  

               (a)     Is necessary to meet current or expected demands for the services supported by the telecommunications facility.  

               (b)     Conforms with all applicable regulations promulgated by the Federal Communications Commission and/or any other applicable state or federal regulatory agency.  

               (c)     Is designed and constructed in a manner which minimizes its visual impact.  

               (d)     Complies with all other requirements of the Zoning Law of the Village, including this article.  

               (e)     Is the most appropriate site within the immediate area for the location of a telecommunications facility. It is preferred that telecommunications facilities be collocated as provided in this article unless the Zoning Board of Appeals finds collocation not to be appropriate under the circumstances.  

               (f)      The applicant shall provide a report which establishes to the satisfaction of the Zoning Board of Appeals that the applicant is required to provide service to locations which it is not able to serve through existing facilities within a one-mile search radius of the proposed tower and which are located either within or outside of the Village. The search radius may be reduced to 1/2 mile for towers under 120 feet and 1/4 mile for towers under 80 feet. Said report shall show the specific locations and/or areas the applicant is seeking to serve which cannot be served through existing facilities.    

          (2)    The report shall set forth an inventory of existing facilities and/or structures within or outside of the Village which might be utilized or modified in order to provide coverage to the locations the applicant is seeking to service and shall include a report on the possibilities and opportunities for collocation as an alternative to a new site.  

          (3)    The applicant must demonstrate to the satisfaction of the Zoning Board of Appeals that, despite good-faith efforts, the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Village, due to one or more of the following reasons:  

               (a)     The proposed equipment would exceed the existing and reasonable potential structural capacity of existing facilities or structures within or outside of the Village, considering existing and planned use for those facilities or structures.  

               (b)     The existing or proposed equipment would cause interference with other existing or proposed equipment that could not reasonably be mitigated or prevented.  

               (c)     Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good-faith efforts, to reach agreement with the owner or owners of such facilities or structures.     

     D. Collocated antennas preferred.

          (1)    The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunications facility permit or renewal thereof or modification of the conditions of a current telecommunications facility permit shall include proof that reasonable efforts have been made to collocate with an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures within a one-mile radius from the proposed site if the application is for cellular telephone personal communication use and outlining opportunities for shared use as an alternative to the proposed location. The application must demonstrate that the proposed telecommunications facility cannot be accommodated on all sites in the inventory due to one or more of the reasons set forth in above Subsection E.  

          (2)    Any proposed tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.  

          (3)    The applicant shall submit to the Zoning Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless communications services (PWCS) providers in the future. The issuance of a permit (assuming the tower is approved according to this article) shall commit the new tower owner and its or his or her successors in interest to:  

               (a)     Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.  

               (b)     Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless communications services (PWCS).  

               (c)     Allow shared use of the new tower if another PWCS provider agrees in writing to pay the charges.  

               (d)     Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.    

          (4)    In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Zoning Board of Appeals shall require that:  

               (a)     An applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Village of Fredonia and the County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.  

               (b)     Documentation of this notification shall be submitted to the Zoning Board of Appeals at the time of application.     

     E. Special use permit.

          (1)    All applicants for special use permit for telecommunications facilities towers and/or antennas shall make a written application to the Zoning Board of Appeals of the Village. This application shall include:  

               (a)     Tower special permit application form, supplied by the Village.  

               (b)     Long environmental assessment form. All applications for telecommunications facilities shall be considered a Type I Action under the State Environmental Quality Review Act.  

               (c)     Site plan in form and content acceptable to the Village, prepared to scale and in sufficient detail and accuracy, showing at a minimum: 

                       [1]    The exact location of the proposed tower and appurtenances. 

                       [2]    The maximum height of the proposed tower. 

                       [3]    A detail of tower type (monopole, free or other). 

                       [4]    The color or colors of the tower. 

                       [5]    The location, type and intensity of any lighting on the tower. 

                       [6]    The property boundaries. (A copy of a property survey must also be provided.) 

                       [7]    Proof of the landowner’s consent if the applicant will not own the property. (A copy of the lease agreement must also be provided if the applicant will not own the property.) 

                       [8]    The location of all structures on the property and all structures on any adjacent property within 50 feet of the property line, together with the distance of these structures to the tower. 

                       [9]    Names and addresses of adjacent land owners. 

                      [10]  The location, nature and extent of any proposed fencing, landscaping or screening. 

                      [11]  The location and nature of proposed utility easements and/or access roads, if applicable. 

                      [12]  Building elevations of accessory structures or immediately adjacent buildings.    

               (d)     “Before” and “after” propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.  

               (e)     A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target area or cell. The applicant must be prepared to explain to the Board why it selected the proposed site, discussing the availability or lack of availability of a suitable location within the search ring which would have allowed for collocated antennas and to what the extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.  

               (f)      The applicant must submit a copy of its policy regarding collocation of this proposed tower with other potential applications. Such policy should allow collocations if new antennas and/or equipment do not or will not exceed structural loading requirements, interfere with tower space use or pose any technical or radio frequency interference with existing equipment.  

               (g)     A report prepared by a New York State licensed professional engineer which describes the tower’s height and design, including a cross section of the structure, demonstrates the tower’s compliance with applicable structural standards and describes the tower’s capacity, including the number and type of antennas it can accommodate. In the case of an antenna or antennas mounted on an existing structure, the report shall indicate the existing structure’s suitability to accept the antenna and proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.  

               (h)     An agreement by the applicant, in writing, to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 12 consecutive months.    

          (2)    The applicant, at the time of obtaining a special use permit, if one is obtained, must provide a financial security bond, with the Village of Fredonia as assignee, in an amount not less than 125% of the cost of removal and restoration of the facility pursuant to a written estimate provided by the applicant from a licensed New York State engineer, which estimate shall be subject to approval of the Zoning Board of Appeals.  

          (3)    The Village reserves the right to request reasonable, additional, visual and aesthetic information it deems appropriate on a case-by-case basis and as it may pertain to residential zone, historic district, agricultural use or other special situations.  

          (4)    The Zoning Board of Appeals shall determine the application for a telecommunications tower special use permit in accordance with its requirements established for determining a special use permit under the Village’s Zoning Law and under this article. Any and all grants of a special use permit for a telecommunications facility under this article shall be nonassignable and nontransferable and shall not run with the land, notwithstanding anything in the general Zoning Laws of the Village to the contrary.   

     H. Performance standards.

          (1)    Proof of noninterference from antennas. Each application for installation of an antenna shall include either a preliminary or a certified statement that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event that only a preliminary statement is submitted with the application, a final certified statement of noninterference will be provided to the Zoning Board of Appeals prior to the issuance of a permit. The statement shall be prepared by a licensed professional engineer.  

          (2)    Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with FCC standards on a yearly basis. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Board of Trustees of the Village of Fredonia. The cost of verification of compliance shall be borne by the owner and operator of the tower.  

          (3)    Tower lighting. Towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration or the Village. If lighting is required, the lighting alternative and design chosen must cause the least disturbance to the surrounding view. The towers shall be of a nonreflective finish and the color subject to Village approval unless otherwise required by the FAA. Any lighting that may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.  

          (4)    Signs and advertising on towers. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.  

          (5)    Tower height limitations. The maximum height of a tower is limited to 150 feet above the ground upon which the tower is placed.  

          (6)    Tower building requirements.  

               (a)     The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design shall utilize an open framework or monopole configuration. Permanent platforms or structures, exclusive of antennas that serve to increase off-site visibility, are prohibited. The Zoning Board of Appeals may require only a monopole tower if it determines that a monopole tower best meets the purpose and intent of this article.  

               (b)     The base of the tower shall occupy no more than 500 square feet, and the top of the tower shall be no longer than the base.  

               (c)     Minimum spacing between tower locations is 1/4 mile.    

          (7)    Access to towers. A road and parking will be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.  

          (8)    Setbacks for towers.  

               (a)     Telecommunications towers shall be set back the height of the tower plus 75 feet from the lot lines upon which the tower is located.  

               (b)     No telecommunications tower shall be located nearer than 500 feet or five times the height of the tower, whichever is greater, to a residential building, school or place of public worship.    

          (9)    Screening and security of towers and accessory structures.  

               (a)     Existing on-site vegetation shall be preserved to the maximum extent practicable.  

               (b)     The base of the tower and any accessory structures shall be landscaped.  

               (c)     Towers and auxiliary structures shall be surrounded by a fence or wall, at least eight feet in height, of a design approved by the Board so as to make intrusion difficult. Barbed wire is not to be used in a residential area or on public property unless specifically permitted by the Board. There shall be no permanent climbing pegs within 15 feet of the ground on any tower or facility. 

                    [1]    Design of antennas, towers and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site. 

                    [2]    Frequency and power levels. The Zoning Board of Appeals may impose as a condition on the applicant that the antennas be operated only at FCC-designated frequencies on power levels and/or EPA technical exposure limits and that the applicant provide competent documentation that the maximum allowable frequencies, power levels and exposure limits will not be exceeded.      

          (10)  Other requirements and conditions.  

               (a)     The Zoning Board of Appeals may impose such other reasonable requirements or conditions on the applicant to ensure that the telecommunications facilities shall be located and buffered to the maximum extent practicable and technologically feasible to help ensure compatibility with surrounding land uses in order to minimize to the extent possible any adverse aesthetic impact on neighboring residents.  

               (b)     The Zoning Board of Appeals may further impose any other reasonable requirements or conditions on the applicant to ensure that the public health, welfare and safety are protected.     

     I. Telecommunications facilities maintenance. All telecommunications facilities, both predating this article and otherwise, shall fulfill the requirements of this section. The Village Zoning Enforcement Officer and/or Building Inspector is empowered to enforce these regulations.

          (1)    The sufficiency of the bond removal shall be confirmed at least every five years by an analysis of the cost of removal and property restoration performed by a licensed New York State professional engineer with the results to be communicated to the Village. If the bond amount in force is insufficient to cover the cost of removal, It shall be immediately increased to cover such amount.  

          (2)    The owner and/or operator of the telecommunications facility shall have said facility inspected at least every two years for structural integrity by a New York State licensed professional engineer, and a copy of the inspection report shall be submitted to the Village.  

          (3)    All telecommunications facilities shall be maintained in good order and repair, and all such work shall comply with all applicable code requirements of any governmental body issuing such rules and/or regulations.  

          (4)    Any additional antennas, reception or transmission devices or other similar receiving or transmitting device proposed for attachment to an existing facility shall require review in accordance with this article. The intent of this requirement is to ensure the structural integrity, visual aesthetic and land use compatibility of communications towers upon which additional antennas, reception or transmission devices are to be installed.  

          (5)    No outside storage of vehicles, materials or waste shall be allowed except for the limited periods when the facility is undergoing construction, repair or maintenance.   

     J. Exemptions.

          (1)    Towers and antennas may be repaired and maintained without restriction.  

          (2)    Amateur ham radio towers meeting the following requirements are exempt:  

               (a)     A tower shall not exceed 70 feet in height from ground level for noncommercial private use by a federally licensed amateur radio operator living on the same premises upon which the tower is proposed to be located. Said tower shall be set back from all property lines by a minimum distance equal to 35% of the tower height. The applicant shall submit such information or certifications to the Zoning Enforcement Officer as may be necessary for the Zoning Enforcement Officer to determine if the safety and welfare of the neighborhood properties is safeguarded. No lighting or signs shall be permitted on the tower.  

               (b)     No tower shall be located in the area between the front line of the house and the street.  

               (c)     Towers shall be maintained by the property owner and/or operator in a safe condition and good repair.  

               (d)     The tower shall be removed by the property owner within 90 days after expiration of the operator’s license.  

               (e)     The applicant for the tower shall submit to the Zoning Enforcement Officer such information as shall be necessary to make any determinations.  

               (f)      Every antenna and tower shall be of neutral colors that are harmonious with and that blend with the natural features, buildings and structures surrounding the tower.     

     K. Cost of studies or reports. The cost of any engineering studies or reports required by this article or required by the Zoning Board of Appeals shall be borne by the owner and/or operator of the tower.

     L. Removal of obsolete/unused facilities.

          (1)    The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused towers shall take place after 12 months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunications facility.  

          (2)    Bond/security.  

               (a)     The applicant shall be required to execute and file with the Village Clerk a bond or other form of security acceptable to the Zoning Board of Appeals and Village Attorney as to form, content and manner of execution, in an amount sufficient to insure the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the tower during its lifetime and provide for the removal and restoration of the site subsequent to its removal. The amount required shall be determined by the Zoning Board of Appeals in its special use permit procedure and shall be subject to approval of the Board of Trustees of the Village of Fredonia. The amount of the bond or security shall be no less than 125% of the cost of removal of the tower and restoration of the site and shall be reviewed and adjusted at five-year intervals.  

               (b)     In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to the Village of Fredonia, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure and site restoration.  

               (c)     The Village of Fredonia, at its option, may cause the removal of any tower or antenna which violates any provisions of this article or which becomes unsafe or hazardous as determined by the Zoning Enforcement Officer or the Building Inspector of the Village of Fredonia. Prior to said removal, the Village shall cause at least seven days’ notice to be served by certified mail or personally or by any other method reasonably designed to give notice to the owner of the tower or antenna that a violation exists or that the telecommunications facility is unsafe or hazardous and that the Village intends to remove the tower or antenna and assess the entire cost against the owner of the property upon which the antenna or tower is located and/or upon the owner of the tower or antenna. The Village is authorized to petition the County Court or Supreme Court through a special proceeding to obtain an order of removal and to assess the entire cost thereof against the owner of the premises, which cost shall be assessed and collected in the same manner as a Village tax.     

     M. Penalties for offenses.

          (1)    This section is adopted pursuant to the zoning and planning powers granted to the Village of Fredonia under the Village Law of the State of New York and other applicable laws, rules and regulations. In the event of any violation of this section or any permit issued hereunder, the Village may seek enforcement by any legal or equitable remedy.  

          (2)    Any applicant, upon receipt of a special use permit for telecommunications facilities that substantially do not meet any of the requirements and/or conditions of that permit, shall have its permit revoked and the telecommunications facilities removed within 90 days of notification by the Village of such violation.   

     N. Miscellaneous.

          (1)    In the event of any conflict or inconsistencies between this section and any other article of the Village Zoning Law or other local law ordinance, rule or regulation, the more restrictive shall apply.  

          (2)    The term “special use permit” as used in this section shall be deemed to be a telecommunications facilities special use permit.  

          (3)    The procedural requirements for a special use permit for a telecommunications facility shall be as other special use permits in the Village of Fredonia, e.g., public hearing, notice, time limits, etc., and shall be as set forth in the Zoning Law for the Village of Fredonia and the Village Law of the State of New York.     

  • 297-21.22. Temporary uses and structures.

Temporary permits may be issued by the Zoning Enforcement Officer for a period not to exceeding one year, for nonconforming uses incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed yearly upon application to the Zoning Enforcement Officer for an additional period not to exceed one year.   

Part 4

Administration and Enforcement

ARTICLE XXII

Exceptions and Modifications

  • 297-22.1. Purpose.

Because each property is unique and possesses different characteristics, modifications will sometimes be allowed. These exceptions and modifications are granted on an individual basis if the landowner or use meets the requirements set forth in this article. 

  • 297-22.2. Exceptions to yard requirements.

     A. Rear yard exceptions for through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where the front yard equivalent is required.

     B. Side yard exceptions for corner lots. On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall be a minimum of 25 feet; the required width of the interior side yard shall be a minimum of five feet.

  • 297-22.3. Exceptions to area requirements.

Any lot separately owned and recorded on the Tax Map of the Village of Fredonia at the time of enactment of this chapter which has a frontage of less than the prescribed number of feet permitted in an applicable district may be used as a building lot if it has sufficient area to permit the required setbacks within such district. 

  • 297-22.4. Exceptions to height limitations.

The following are exceptions to height restrictions in the Village of Fredonia: 

     A. Chimneys, flues, spires and belfries;

     B. Flagpoles, radio or television antennas, masts or aerials, located on a building and extending not more than 20 feet above the roof of such building;

     C. Elevator or stair bulkheads, provided that such structures do not occupy more than 10% of the roof area;

     D. Solar energy systems not more than one-half story above the roof of such building.

ARTICLE XXIII

Administration

  • 297-23.1. Purpose.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Village of Fredonia. 

  • 297-23.2. Administrative procedure.

      A. Zoning Enforcement Officer. The provisions of this chapter shall be administered and enforced by the Zoning Enforcement Officer, also known as the “Code Enforcement Officer” or “Chief Inspection Officer,” appointed by the Board of Trustees who shall have the power to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter. In addition, any other Code Enforcement Officer or Inspection Officer of the Village of Fredonia shall have the powers and the duties of the Zoning Enforcement Officer, subject to the direction of the Chief Inspection Officer.

          (1)    The duties of the Zoning Enforcement Officer shall include:  

               (a)     Keeping records of all applications for permits;  

               (b)     Keeping records of all permits issued with a notation of all special conditions involved.  

               (c)     Keeping permanent official records of all transactions and activities conducted by him/her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him/her with the consent of the Village Board and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.    

          (2)    No permit shall be issued for the construction of any building or use of any property unless such building or use conforms to all other ordinances and local laws of the Village of Fredonia, and the New York State Uniform Fire Prevention and Building Code, or any other applicable building code.   

     B. Zoning/Building permits; certificate of occupancy, stop-work orders.

          (1)    Zoning/Building permits (any permit or approval authorized to be issued by this chapter).  

               (a)     It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building or structure, including accessory buildings, until the Zoning Enforcement Officer has issued a permit for such work.  

               (b)     In applying to the Zoning Enforcement Officer for a zoning permit, the applicant shall submit specifications and a dimensioned plan to scale indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved and of any building or structure on the lot. This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the building, street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Zoning Enforcement Officer to ensure that the provisions of this chapter are being observed. If the proposed excavations or construction or alterations or moving as set forth in the application are in conformity with the provisions of this chapter and other ordinances of the Village of Fredonia then in force, the Zoning Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving.  

               (c)     If a zoning permit is refused or if additional approvals are required, the Zoning Enforcement Officer shall state such refusal, in writing, with the cause and shall immediately mail notice of such refusal or indication that additional approvals are required to the applicant at the address indicated on the application.  

               (d)     The issuance of a permit shall in no case be constructed as waiving any provision of this chapter.  

               (e)     A zoning permit or any other permit authorized by this chapter shall become void 12 months from the date of issuance unless substantial progress has been made by that date on the project described therein; provided, however, that the building permit may be renewed for an additional six months upon application therefor without the payment of an additional fee.    

          (2)    Certificate of occupancy.  

               (a)     Requirement. No land or building or other structure or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the Zoning Enforcement Officer shall have issued a certificate of occupancy stating the such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter.  

               (b)     Issuance. Within five days of notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, structure or part thereof is found to conform to the provisions of this chapter.  

               (c)     Refusal. If the Zoning Enforcement Officer, after final inspection, refuses to issue a certificate of occupancy, he shall state such refusal, in writing, with the cause and immediately thereupon mail notice of such refusal to the applicant to the address indicated on the application.    

          (3)    Stop-work orders.  

               (a)     Whenever any construction is being done contrary to the provisions of this chapter, the applicable building code or a permit issued thereunder, the Code Enforcement Officer may order the work stopped by notice in writing served on anyone engaged in such work or causing such work to be done, and such person shall forthwith stop such work until notice is received in writing that such stop-work order has been withdrawn or cancelled.  

               (b)     In the event that there is a violation of a stop-work order by the owner, agent, occupant, contractor or builder, any building permit, certificate of occupancy, special permit or use or area variance therefor issued for such property shall become null and void and new permits, as the case may be, shall be required for further occupancy or use of such building or land.     

     C. Site plan review. The Village Planning Board is authorized to review and approve, approve with conditions or disapprove site plans prepared in accordance with such standards outlined in this chapter:

          (1)    Application. Application for site plan review shall be made to the Planning Board on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees.  

          (2)    Staff review.  

               (a)     A sketch plan conference should be held between the Zoning Enforcement Officer and the applicant prior to the preparation and submission of a formal site plan to the Planning Board. Preparing a sketch plan offers an opportunity for the applicant to determine the issues and satisfy staff that the site plan is in conformance with the Zoning Law. The conference also enables the Zoning Enforcement Officer to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the specific information to be required on the site plan. The project’s status under the State Environmental Quality Review Act will be determined at this time.  

               (b)     The applicant should submit a preliminary sketch of the proposed development and an area map showing the location of the site and the general area. Applicants are encouraged to proceed through the sketch plan conference to avoid possible future delays. The preliminary sketch plan should include, but not be limited to, abutting land uses, circulation systems, all existing and proposed public or private rights-of-way and easements, residential areas and general phasing plans.    

          (3)    Preliminary/Final site plan.  

               (a)     As required in this chapter, an application for site plan approval shall be made, in writing, to the Chairperson of the Planning Board and shall be accompanied by a preliminary site plan as outlined in Article XIII, Site Plan Review. The plan shall be reviewed by the Planning Board, which shall approve, approve with conditions or disapprove the preliminary site plan.  

               (b)     A final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the staff or Planning Board. The final site plan shall conform to all requirements of Article XII, Site Plan Review. The application for final site plan approval shall be made within six months from the date of the preliminary approval. An extension may be granted if agreed to by both the applicant and Planning Board.    

          (4)    Public hearing. The Planning Board shall conduct a public hearing within 62 days after receipt by the Zoning Enforcement Officer of a complete application for site plan review. The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing. Notices of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 feet from the property line. The public hearing shall be advertised at least once in the official paper or in a newspaper of general circulation at least five days before the hearing.  

          (5)    Planning Board action.  

               (a)     Within 62 days after such hearing, the Planning Board shall make a decision on the application for site plan review. This time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The Planning Board shall have the authority to approve the application, disapprove the application or approve the application with conditions.  

               (b)     Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.    

          (6)    Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant.  

          (7)    Waiver of requirement. The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the local law adopted pursuant to this chapter, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.  

          (8)    The Planning Board shall comply with the applicable requirements regarding notices to the County Planning Board or other applicable agencies and with the requirements of the State Environmental Quality Review Act as set forth in § 7-725-a (9) and (10) of the Village Law.   

     D. Zoning Board of Appeals and Planning Board.

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

AREA VARIANCE — The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.  

USE VARIANCE — The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.   

          (2)    Appointment of members. Each Village Board of Trustees which adopts a local law and any amendments thereto pursuant to the powers granted by this article shall create a Board of Appeals consisting of three or five members as shall be determined by such local law. The Mayor shall appoint the Board of Appeals and the Chairperson, thereof, subject to the approval of the Board of Trustees. In the absence of a Chairperson the Board of Appeals may designate a member to serve as Acting Chairperson. The Board of Trustees may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose. In making such appointment, the Village Board of Trustees may require Board of Appeals’ members to complete training and continuing education courses in accordance with any local requirements for the training of such members.  

          (3)    Board of Trustees ineligible. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals.  

          (4)    Terms of members first appointed. In the creation of a new Board of Appeals, or the reestablishment of terms of an existing Board, the appointment of members to the Board shall be of terms so fixed that one member’s term shall expire at the end of the Village official year in which such members were initially appointed. The remaining members’ terms shall be so fixed that one member’s term shall expire at the end of each official year thereafter. At the expiration of each original member’s appointment, the replacement member shall be appointed by the Board of Trustees for a term which shall be equal in years to the number of members of the Board.  

          (5)    Terms of members now in office. Members now holding office for terms which do not expire at the end of a year shall, upon the expiration of their term, hold office until the end of the year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.  

          (6)    Increasing membership. Any Board of Trustees may, by local law, increase a three-member Board of Appeals to five members. Additional members shall be first appointed for single terms as provided by resolution in order that the terms of members shall expire in each of five successive years, and their successor shall thereafter be appointed for full terms of five years. No such additional members shall take part in the consideration of any matter for which an application was on file with the Board of Appeals at the time of his or her appointment.  

          (7)    Decreasing membership. A Board of Trustees which has increased the number of members of the Board of Appeals to five may, by local law, decrease the number of members of the Board of Appeals to three, to take effect upon the next two expirations of terms.  

          (8)    Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the expired term.  

          (9)    Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board of Trustees by local law.  

          (10)  Chairperson duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.  

          (11)  Training.  

               (a)     Purpose and intent. The Village Board finds that the appropriate training of the Zoning Board of Appeals and Planning Board of the Village of Fredonia is essential. The State of New York has recognized the importance of training in its recent amendments to the Zoning Board and Planning Board statutes. It is the purpose of this subsection to assist the Zoning and Planning Board members in obtaining training to enhance their ability to carry out their duties under law and to pay the costs of such training as a Village charge. It is also the purpose of this subsection to establish minimum training and continuing education course requirements for such members.  

               (b)     Minimum training requirements. 

                    [1]    All members of the Zoning Board of Appeals and Planning Board of the Village of Fredonia, hereinafter referred to as “Boards,” shall be required to attend training courses as follows: 

                         [a]     Members of said Boards who have not served on their respective Boards for five years by January 1, 2000, shall be required to take eight hours of training each calendar year commencing January 1, 2000, until said members shall have served five years on said Board and shall be required to take four hours of training during each calendar year commencing January 1, 2000, until said member shall have served five years on said Board and shall be required to take four hours of training during each calendar year thereafter. 

                         [b]     Members of said Boards who have served five years by January 1, 2000, on their respective Board shall be required to take four hours of training by December 31, 2000, and four hours of training during each calendar year thereafter. 

                         [c]     The Village Board of Trustees reserves the right to waive any training requirements if the member has shown to the satisfaction of the Board to possess the necessary experience and knowledge or, for good cause, is unable to meet the training requirements.   

                    [2]    Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office. 

                    [3]    The cost of such seminars, workshops or continuing education courses so designated shall be a Village charge. Members shall also be reimbursed for travel and meal expenses according to Village policies. Such training sessions shall be approved in advance by the Village Board.    

               (c)     Approved training courses. Training sessions which relate to the duties of members of the Zoning Board and Planning Board may include programs offered by the New York State Department of State, New York State Mayor’s Conference, Planning Federation and other such entities, as well as in-house updates or seminars.  

               (d)     Lack of training not to affect validity of members’ actions. Notwithstanding the foregoing, the failure of a member of the Zoning Board or Planning Board to obtain such training shall not affect said person’s qualifications to entertain applications, to vote on such applications or the validity of such member’s actions.  

               (e)     Procedure for removal of a member. The Chairperson of the Zoning Board and Planning Board shall notify the Village Board in writing on or about January 15 of any year of any member who fails to comply with the minimum requirements for training in any calendar year. In the event that a member of the Zoning Board and Planning Board had failed to complete the minimum training requirements set forth in § 297-23.2D(11)(b), such member may be removed for cause as provided by law.    

          (12)  Alternate Planning Board and Zoning Board of Appeals members. [Added 7-14-2008 by L.L. No. 5-2008[57]]  

               (a)     Applicability. This Subsection D(12) shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and the Zoning Board of Appeals of the Village of Fredonia.  

               (b)     Findings. It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals because members are ill or on extended vacation or they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted which may delay or impede adherence to required timelines. The use of alternate members in such instances would avoid such difficulties.  

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

ALTERNATE MEMBER — An individual appointed by the Mayor subject to approval of the Board of Trustees to serve on the Planning Board or the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board.  

MEMBER — An individual appointed by the Mayor subject to approval of the Board of Trustees to serve on the Planning Board or the Zoning Board of Appeals pursuant to the provisions of the applicable law, local law or ordinance that established each respective Board.  

PLANNING BOARD — The duly constituted Planning Board of the Village of Fredonia.  

VILLAGE BOARD — The duly constituted Village Board of Trustees of the Village of Fredonia.  

ZONING BOARD OF APPEALS — The duly constituted Zoning Board of Appeals of the Village of Fredonia.   

               (d)     Purpose; appointment, designation and term of office. 

                    [1]    This Subsection D(12)(d) is enacted to provide a process for appointing one alternate member of the Planning Board and one alternate member of the Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application matter before the respective Board. 

                    [2]    Alternate members of the Planning Board and the Zoning Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for a term of two years. There shall be one alternate member appointed for the Zoning Board and one alternate member appointed for the Planning Board. 

                    [3]    The Chairperson of the Planning Board or the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board or Zoning Board of Appeals meeting at which the substitute is made. 

                    [4]    Alternate members shall serve at a fee of $25 per meeting attended by such alternate member. 

                    [5]    All provisions of state law relating to Planning Board or Zoning Board Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any local law or ordinance relating to training and continuing education, shall also apply to alternate members.    

               (e)     Supersession of New York State Village Law. This subsection is adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Village Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of: 

                    [1]    New York State Village Law § 7-718 relating to the appointment of members to village planning boards; 

                    [2]    New York State Village Law § 7-712 relating to the appointment of the members to village zoning boards of appeals.       

     E. Zoning Board of Appeals procedure.

          (1)    Meetings, minutes, records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of the proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The Chairperson of the Zoning Board or, in is his absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.  

          (2)    All meetings of the Board of Appeals shall be held at the call of the Chairperson or, in the absence of the Chairperson, at the call of the Acting Chairperson or any two Board members.  

          (3)    Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant.  

          (4)    Assistance to Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board of Trustees. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.  

          (5)    Hearing appeals. Unless otherwise provided by local law, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this article. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.  

          (6)    Filing of administrative decision and time of appeal.  

               (a)     Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of the zoning local law shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record. Alternately, the Village Board of Trustees, may, by resolution, requires that such filing instead be made in the Village Clerk’s office.  

               (b)     An appeal shall be taken within sixty days after the filing of any order, requirement, decision, interpretation or determination of the administrative official, by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.  

               (c)     An application for an appeal shall be made to the Zoning Board of Appeals on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees.     

          (7)    Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of acts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.  

          (8)    Public hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a newspaper of general circulation in the Village at least five days prior to the date thereof. In addition, notice of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 hundred feet from the property lines for the premises for which the appeal is requested. The cost of sending or publishing any notice relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.  

          (9)    Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.  

         (10)  Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.  

          (11)  Notice to Park Commission and county planning board or agency or regional planning council. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties, to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal and to the county planning board or agency or regional planning council as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in subdivision one of § 239-m of the General Municipal Law.  

          (12)  Compliance with state environmental quality review set. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.  

          (13)  Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.   

     F. Permitted action by Zoning Board of Appeals.

          (1)    Orders, requirements, decisions, interpretations, determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.  

          (2)    Use variances.  

               (a)     The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein.  

               (b)     No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: 

                    [1]    The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; 

                    [2]    The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; 

                    [3]    The requested use variance, if granted, will not alter the essential character of the neighborhood; and 

                    [4]    The alleged hardship has not been self-created.    

                (c)     The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.    

          (3)    Area variances.  

               (a)     The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein.  

               (b)     In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the board shall also consider: 

                    [1]    Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 

                    [2]    Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 

                    [3]    Whether the requested area variance is substantial; 

                    [4]    Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 

                    [5]    Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.    

               (c)     The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.    

          (4)    Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.   

          (5)    Special use permit review. The Zoning Board of Appeals is authorized to review and approve, approve with conditions or disapprove special use permit applications prepared in accordance with such standards outlined in this chapter.  

               (a)     Application. Application for special use permits shall be made to the Zoning Board of Appeals on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees.  

               (b)     Review. 

                    [1]    A sketch plan conference shall be held between Zoning Enforcement Officer and the applicant prior to the preparation and submission of a formal special use permit application to the Zoning Board of Appeals. The conference also enables Zoning Enforcement Officer to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the specific information to be required on the site plan. The project’s status under the State Environmental Quality Review Act will be determined at this time. 

                    [2]    The applicant shall submit a preliminary sketch of the proposed development and an area map showing the location of the site and the general area. Applicants are encouraged to proceed through the sketch plan conference to avoid possible future delays. The preliminary sketch plan should include, but not be limited to, abutting land uses, circulation systems, all existing and proposed public or private rights-of-way and easements, residential areas and general phasing plans.    

               (c)     Site plan. 

                    [1]    As required in this chapter, an application for special use permits shall be made, in writing, to the Zoning Board of Appeals and shall be accompanied by a site plan as outlined in Article XIII, Special Use Permits. 

                    [2]    As part of the approval process, within 10 days of receipt of the complete application for special use permit approval, the Zoning Enforcement Officer shall refer the project to the Village Planning Board for review. The Planning Board may make recommendations to the Zoning Board of Appeals within 21 days from the date of referral from the Zoning Enforcement Officer. This time period may be extended by mutual consent of the applicant, the Planning Board and the Zoning Board of Appeals. The failure of the Planning Board to make recommendations or the Zoning Board of Appeals’ refusal to adopt any of the recommendations of the Planning Board shall not affect the validity of the Zoning Board of Appeals’ decision in the matter.    

               (d)     Public hearing. After reviewing the site plan and recommendations, if any, from other involved Village or county agencies, the Zoning Board of Appeals shall hold a public hearing, which public hearing shall be held within 62 days from the day the application is received by the Zoning Enforcement Officer. Notices of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 feet from the property line. The public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before the hearing.  

               (e)     Final special use permit and site plan. A final site plan for the special use permit application shall substantially conform to the site plan that has been approved, incorporating any revisions or other features recommended by the Zoning Enforcement Officer or the Zoning Board of Appeals.  

               (f)      State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.  

               (g)     Zoning Board of Appeals action. Within 62 days from the date of the public hearing, the Zoning Board of Appeals shall render a decision of approval, conditional approval or disapproval. This time period may be extended by mutual consent of the applicant and the Board. The decision of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.  

               (h)     Conditions attached to the issuance of special use permits. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.  

               (i)      Reimbursable costs. Costs incurred by the Zoning Board of Appeals for consultation fees or other extraordinary expense in connection with the review of a proposed special use permit shall be charged to the applicant.    

          (6)    Notice to applicant and Chautauqua County Planning Board. At least 10 days before such hearing, the authorized board shall mail notices thereof to the applicant and to the county planning board or agency or regional planning council, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision one of § 239-m of the general municipal law.  

          (7)    Fees. The applicant for any permit or variance or certificate required under this chapter shall pay to the Village of Fredonia a fee as shall be fixed from time to time by resolution of the Board of Trustees of the Village of Fredonia. See Chapter A312 of the Code of the Village of Fredonia and any amendments thereto.  

          (8)    Article 78 proceeding. Application to Supreme Court by aggrieved persons. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk.     

  • 297-23.3. Penalties for offenses.

     A. Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint, in writing. All such complaints must be filed with the Zoning Enforcement Officer, who shall properly record such complaint and investigate in a timely manner.

     B. Penalties for violation. Any person who violates any provision of this chapter, or any regulation adopted, is guilty of an offense punishable by a fine not exceeding $350 or imprisonment for period not to exceed 15 days, or both, for conviction of a first offense. For conviction of a second offense, both of which were committed within a period of five years, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days or both. Whenever such person shall have been notified by the Zoning Enforcement Officer or any other Code Enforcement Officer of the Village of Fredonia by service of summons or appearance ticket or in any other way that they are committing such violation of this chapter, each day that they shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law.

  • 297-23.4. Remedies.

In case any building or structure is about to be erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is or is about to be used in violation of this chapter, the Board of Trustees of the Village of Fredonia, in addition to the other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alterations, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises. All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings.  

ARTICLE XXIV

Amendments

  • 297-24.1. Procedures set forth in applicable state law.

The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified or repealed by local law in accordance with the procedures provided by §§ 7-706 and 7-708 of the Village Law of the State of New York, as the same may be amended from time to time or in accordance with the Municipal Home Rule Law of the State of New York.   

[1].  Editor’s Note: This local law also repealed former Ch. 297, Zoning, adopted 9-8-1969, as amended.

[2].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[3].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[4].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[5].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[6].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[7].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[8].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[9].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[10].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[11].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[12].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[13].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[14].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[15].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[16].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[17].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[18].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[19].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[20].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[21].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[22].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[23].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[24].  Editor’s Note: See Ch. 260, Subdivision of Land.

[25].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[26].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[27].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[28].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[29].  Editor’s Note: The definition of “start of construction,” which immediately followed this definition, was repealed 4-14-2003 by L.L. No. 2-2003.

[30].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[31].  Editor’s Note: See Art. XVIII, Flood Damage Prevention Regulations.

[32].  Editor’s Note: A copy of the Zoning Map is included in a pocket at the back of the Code.

[33].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the R-1 District is included at the end of this article.

[34].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the R-1 District is included at the end of this article.

[35].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the R-2 District is included at the end of this article.

[36].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the R-2 District is included at the end of this article.

[37].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the R-3 District is included at the end of this article.

[38].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the C-1 District is included at the end of this article.

[39].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the C-1 District is included at the end of this article.

[40].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the C-2 District is included at the end of this article.

[41].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the C-2 District is included at the end of this article.

[42].  Editor’s Note: This local law also redesignated former Subsections A through S as Subsections B through T, respectively.

[43].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the M-1 District is included at the end of this article.

[44].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the M-1 District is included at the end of this article.

[45].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the O-S District is included at the end of this article.

[46].  Editor’s Note: A diagram illustrating lot, area, yard and building requirements for the O-S District is included at the end of this article.

[47].  Editor’s Note: See Ch. 260, Subdivision Regulations.

[48].  Editor’s Note: See Ch. 260, Subdivision regulations.

[49].  Editor’s Note: A diagram illustrating a typical loading area is included at the end of this article.

[50].  Editor’s Note: A diagram illustrating a typical parking lot is included at the end of this article.

[51].  Editor’s Note: A diagram illustrating typical parking dimensions is included at the end of this article.

[52].  Editor’s Note: Diagrams illustrating a typical landscaping plan and landscaping standards are included at the end of this article.

[53].  Editor’s Note: Diagrams illustrating a typical landscaping plan and landscaping standards are included at the end of this article.

[54].  Editor’s Note: Diagrams illustrating a typical landscaping plan and landscaping standards are included at the end of this article.

[55].  Editor’s Note: Diagrams illustrating a typical landscaping plan and landscaping standards are included at the end of this article.

[56].  Editor’s Note: See Ch. 260, Subdivision Regulations.

[57].  Editor’s Note: This local law also amended the title of § 297-23.2D to include the Planning Board.