ARTICLE II, Districts

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ARTICLE II, Districts

§ 250-3. Establishment of districts; Zoning Map.

A. For the purpose of promoting the public health, safety, morals and general welfare of the community, the village is hereby divided into the following types of districts:

RA Residence Agricultural District

R-10 Residence District

R-6 Residence District

R-3 Residence District

R-3-M Residence District

OP Office and Professional District

BN Neighborhood Business District

B-1 Retail Business District

B-2 General Business District

M-1 Manufacturing District

PDR Planned District Residential

PDB Planned District Business

PDC Planned District Commercial

PDM Planned District Manufacturing

PRD Planned District Recreational

PDS Planned District Special

B. Said districts are bounded and defined as shown on a map entitled "Zoning Districts, Village of Ilion, New York," adopted simultaneously herewith and certified by the Village Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.

§ 250-4. Interpretation of boundaries.

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

A. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.

B. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries

C. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or the center lines of right-of-way lines of the highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on said Zoning Map.

D. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

E. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the village unless otherwise indicated.

§ 250-5. Application of regulations.

A Except as herein provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.

B No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to leave narrower or smaller rear yards, front yards or inner or outer courts than are specified herein for the district in which such building is located.

C No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

§ 250-6. RA Residence Agricultural District.

The following use regulations shall apply in any RA Residence Agricultural District:

A. Permitted uses:

(1) One- or two-family dwellings.

(2) Farm, including commercial woodlots or reforestation areas.

(3) Nurseries or fruit or truck gardens.

(4) Churches or other places of worship, parish houses, rectories or convents.

(5) Public or private schools accredited by New York State.

(6) Public parks or playgrounds, forests, recreation areas or fish hatcheries.

(7) Federal, state or municipal public buildings, structures, or uses.

(8) Fire stations or community buildings.

(9) Conventional golf courses or country clubs.

(10) Cemeteries.

(11) Home occupations.

(12) Antique sales, where accessory to a dwelling.

(13) Customary accessory uses or structures, including private garages, private swimming pools or ponds, toolhouses or storage sheds, greenhouses, stock shelters, barns, silos or cold storage.

B. Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utilities.

(2) Private recreation areas or uses of land involving firearms or archery ranges, organized camps, ski facilities, hunting preserves or model airplane areas.

(3) Golf driving ranges or pitch-and-putt golf courses.

(4) Riding stables.

(5) Animal pounds, commercial kennels or animal hospitals.

(6) The extraction and processing of sand, gravel, rock or other natural mineral products in accordance with § 250-18B and C.

(7) A mobile home for use as a residence in conjunction with a farm.

(8) Airports, provided that there are adequate and safe approach areas.

§ 250-7. R-10 Residence District.

The following regulations shall apply in all R-10 Residence Districts:

A Permitted uses:

(1) One-family residences.

(2) Churches or places of worship.

(3) Public parks and playgrounds, golf courses and recreational areas not operated for gain.

(4) Public schools and institutions of higher education, libraries and municipal buildings.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Cemeteries and necessary incidental structures, upon approval of the Board of Appeals and subject to such conditions and safeguards as deemed appropriate by such Board and upon securing of a permit therefor.

(2) Customary agricultural operations, including gardens, nurseries, greenhouses and usual frame buildings, subject to the following restrictions:

a) No building or corral in which farm animals, horses, etc., are kept shall be closer than one hundred (100) feet to any adjoining lot line.

b) No storage of manure or odor- or dust-producing substance or use shall be permitted within one hundred (100) feet of an adjoining lot line.

c) No greenhouse heating plant shall be operated within fifty (50) feet of any adjoining lot line.

d) no product shall be publicly displayed or offered for sale from the roadside.

(3) Public utility structures necessary for the service of the area upon approval of the Board of Appeals.

(4) Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement or professional sign attached to the building not over two (2) square feet in area.

(5) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

a) Any accessory building or use shall be located on the same lot with the principal building.

b) Such permitted accessory uses shall include the following:

(1) living quarters in any accessory garage for domestic employees of the resident of the principal building.

§ 250-8. R-6 Residence District.

The following regulations shall apply to all R-6 Residence Districts:

A Permitted uses:

(1) R-10 District uses.

(2) Two-family dwellings.

(3) Boarding, lodging, rooming or tourist homes but not tourist cabins or motels.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Cemeteries and necessary incidental structures, upon approval of the Board of Appeals and subject to such conditions and safeguards as deemed appropriate by such Board and upon securing of a permit therefor.

(2) Customary agricultural operations, including gardens, nurseries, greenhouses and usual frame buildings, subject to the following restrictions:

a) No building or corral in which farm animals, horses, etc., are kept shall be closer than one hundred (100) feet to any adjoining lot line.

b) No storage of manure or odor- or dust-producing substance or use shall be permitted within one hundred (100) feet of an adjoining lot line.

c) No greenhouse heating plant shall be operated within fifty (50) feet of any adjoining lot line.

d) No product shall be publicly displayed or offered for sale from the roadside.

(3) Public utility structures necessary for the service of the area upon approval of the Board of Appeals.

(4) Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement or professional sign attached to the building not over two (2) square feet in area.

(5) Multiple-family dwellings.

(6) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

a) Any accessory building or use shall be located on the same lot with the principal building.

b) Such permitted accessory uses shall include the following:

(1) Living quarters in any accessory garage for domestic employees of the resident of the principal building.

§ 250-9. R-3 Residence District.

The following regulations shall apply in all R-3 Residence Districts:

A Permitted uses:

(1) All uses permitted in the R-6 Residence District, subject to the provisions of that district.

(2) Multiple-family dwellings.

(3) Boarding, lodging, rooming or tourist homes but not tourist cabins or motels.

(4) Clubs, lodges and social and recreational centers except those operated primarily for gain.

(5) Nursing or convalescent homes; provided, however, that no such building shall be located within fifty (50) feet of any adjoining lot line. See Schedule A.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Funeral parlors.

(2) Residential hotels, including customary incidental accessory services therein.

§ 250-10. R-3-M Residence District.

The following regulations shall apply in all R-3-M Residence Districts:

A Permitted uses:

(1) All uses permitted in the R-3 Residence District, subject to the provisions of that district.

(2) Mobile home parks.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utility structures.

§ 250-11. OP Office and Professional District.

The following regulations shall apply in all OP Office and Professional Districts:

A Permitted uses:

(1) Uses permitted in the R-3 Residential District, subject to the provisions of that district.

(2) Professional offices.

(3) Real estate and insurance offices with no outside display.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utility structures.

§ 250-12. BN Neighborhood Business District.

The following regulations shall apply in all BN Neighborhood Business Districts:

A Permitted uses:

(1) Grocery stores.

(2) Drugstores.

(3) Beauty parlors or barbershops.

(4) Variety stores.

(5) Radio and television repair and sales.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utility structures.

§ 250-13. B-1 Retail Business District.

The following regulations shall apply in all B-1 Retail Business Districts:

A Permitted uses:

(1) Existing residences.

(2) Stores and shops for the conducting of any retail business.

(3) Banks, offices, studios and hotels.

(4) Restaurants, tearooms, cafes and other places serving food or beverages.

(5) Theaters, billiard or pool parlors, bowling alleys, skating rinks or similar recreational uses or places of assembly.

(6) Private schools conducted for gain.

(7) Personal service shops, such as barber- and shoe shine shops and beauty parlors

(8) Caterers.

(9) Undertakers.

(10) Telegraph offices or telephone and express offices.

(11) Baking, confectionary, dressmaking, dyeing, laundry, printing, tailoring, upholstering and similar establishments and businesses of a similar and no more objectionable character, subject to the following provisions:

a) All goods or products manufactured or processed shall be sold at retail on the premises.

b) All such manufacturing or processing shall be done on the premises, and not more than five (5) persons shall be so employed at any one (1) time.

(12) Public garages, automobile repair shops, automobile service stations where general repairing is done, automobile parking lots and used car lots.

(13) Accessory buildings and accessory uses.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utility structures.

§ 250-14. B-2 General Business District.

The following regulations shall apply in all B-2 General Business Districts:

A Permitted uses:

(1) All uses permitted in the B-1 Retail Business District.

(2) Wholesale, storage and warehouse facilities.

(3) Lumber, wood, feed or other similar storage yards but not salvage yards, coal yards or junkyards.

(4) Uses of a light manufacturing nature, employing electricity or other unobjectionable motive power, utilizing hand labor or unobjectionable machinery or process and free from any objectionable odors, fumes, dirt, vibration or noise.

(5) Electric substations and freight yards.

B Permitted uses upon issuance of a special permit by the Board of Appeals:

(1) Public utility structures.

§ 250-15. M-1 Manufacturing District.

The following regulations shall apply in all M-1 Manufacturing Districts:

A Permitted uses:

(1) Existing manufacturing.

(2) All uses not otherwise prohibited by law.

(3) Junkyards or automobile wrecking yards or scrap iron, scrap paper or rag storage, sorting or baling, provided that they are conducted within a building or where entirely enclosed within a fence or by other means approved by the Board of Appeals.

B Uses prohibited:

(1) All uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substance or conditions; provided, however, that any uses may be permitted if approved by the Board of Appeals and subject to the securing of a permit therefor and to such conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, morals or general welfare of the community.

§ 250-16. Planned development districts.

A Purpose. The regulations for planned development districts are intended to provide a means for the development of residential, business, commercial, manufacturing or recreational subdivisions, or combinations thereof, in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties.

B PDS Planned District Special. "PDS Planned District Special" shall mean a development not otherwise distinguishable under any previous classification, occupying a district consisting of any quantity of land area and containing less than the stated minimum proportions of any single or dominant use or function and in which the proposed uses of interior and exterior spaces, although diverse or mixed, bear extraordinary design qualities, resulting in a completely logical and complementary conjunction of uses and functions not ordinarily encountered in normal development.

C Minimum areas. Planned development districts shall have the following minimum areas:

(1) PDR Planned District Residential: five (5) acres.

(2) PDB Planned District Business: five (5) acres.

(3) PDC Planned District Commercial: three (3) acres.

(4) PDM Planned District Manufacturing: ten (10) acres.

(5) PRD Planned District Recreational: twenty-five (25) acres.

(6) PDS Planned District Special: none required.

D Procedures. Planned development districts shall be established only in accordance with the following procedures:

(1) The calculation of area for a planned development district shall not include easements, parks, existing streets or otherwise dedicated land, water areas in excess of five percent (5%) of the minimum gross acreage, lands designated on the Official Map for public purposes or land undesirable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for a combination of two (2) or more use classifications shall consist of the total land area required for each such use. The proposed development shall conform to the Village Master Plan.

(2) Application for establishment of a planned development district or a development project within such a district shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within thirty (30) days from receipt of the application. The application shall furnish to the Planning Board basic site data pertaining to the boundaries of the proposed planned development, existing zoning, topography and subsoil conditions and such preliminary plans as may required for an understanding of the proposed development, with a petition for the desired zoning change, if required.

(3) Planned development districts shall be considered as a single parcel for the purpose of applying the regulations for exterior yard dimensions as specified in Schedule A Individual building projects within such districts shall conform to the interior yard regulations of Schedule A. The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified by the Planning Board in conformance with Schedule B.

(4) The Planning Board may require such changes in said preliminary plans as are found to be necessary to meet the requirements of this chapter. The Planning Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the village. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:

a) The need for the proposed land use in the proposed location.

b) The existing character of the neighborhood.

c) The location of principal and accessory buildings on the site in relation to one another.

d) The pedestrian circulation and open space in relation to structures.

e) The traffic circulation features within the site and the amount, location and access to automobile parking areas.

f) The height and bulk of buildings and their relation to other structures in the vicinity.

g) The proposed location, type and size of display signs, driveways, loading zones and landscaping.

h) The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.

i) Storm drainage and sanitary waste disposal in and adjacent to the area.

j) A signing plan for Planned Business and Commercial Districts.

(5) The Planning Board shall approve, approve with modifications or disapprove such application and shall report its findings to the Village Board within forty-five (45) days following the date of referral by the Village Board to the Village Planning Board.

(6) The Village Board shall, in case of approval and if the applicant so requests, hold a public hearing on a proposal to create or change a planned development district, with public notice, as provided by law as in the case of any amendment to a zoning ordinance.

(7) The Village Board may amend this chapter after the public hearing so as to define the boundaries of the planned district. Such action shall have effect only on establishing a planned development district for the use proposed in the preliminary plans filed with the Village Board. Such planned district shall be designated as Planned District Residential, Planned District Business, Planned District Commercial, Planned District Manufacturing, Planned District Recreational or Planned District Special according to the type of development. Such amendment of this chapter shall not constitute or imply a permit for construction or approval of construction plans.

(8) Any permit for a building project within a planned development shall be issued only after approval of the project and preliminary plans thereof by the Village Planning Board, except as hereinafter provided.

(9) In the event that the Planning Board disapproves a planned development district proposal or approves with modifications which the applicant is unwilling to make, the applicant may request the Village Board, nontheless, to hold a public hearing on the proposal or modification thereof as shall be acceptable to said applicant; and the Village Board may, in its discretion, hold a public hearing thereon and amend this chapter as provided by law, as in the case of any amendment to a zoning ordinance.

(10) In the event that the Planning Board disapproves a project within a planned development district, the applicant may appeal to the Board of Appeals as hereinafter provided.

E Expiration. In the event that the Planning Board has not approved the final plans and specifications for development in a planned development district within one (1) year from the date when amendment to the Zoning Map by the Village Board became effective or in the event that development authorized by the Planning Board in a planned development district has not been commenced and diligently prosecuted within one (1) year from the date when the final plans and specifications were approved by the Planning Board, then and in that event the planned development district zoning shall automatically lapse and be null and void, and the land shall revert to the previous zoning district designation in effect prior to the amendment, except that the one-year limitation provided above may, upon written application by the proponent or developer stating reasons or excuse for delay, be extended by the Village Board for such additional periods of time as it deems appropriate.