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HomeMy WebLinkAbout1969-Zoning OrdinanceVILLAGE OF DRYDEN Notice of Adoption of Zoning Ordinance Notice is hereby given that the Board 'of Trustees of the Village of Dryden, Town of Dryden, County of Tompkins, New York, at the Village Hall, 1 George Street, Dryden, New York, on the 13th day of Aug- ust, 1964, adopted a zoning ordinance for the said Village, a copy of which is set forth as follows: ORDINANCE ARTICLE I Section I'll, Definitions. For the purpose of this ordinance certain words and terms shall have the following meaning unless the' context otherwise requires: 1. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word ``structure the word "occupies" includes the words "designed or in- tended to be occupied "; the word "used" includes the words "'arranged, designed or intended to be used ". 2. A "lot" [is a parcel of land occupied by one building and the � accessory build- ings for uses customarily incident i to it, including such open spaces as are used in connection with such building. 3. A "lot line" is a boundary line of a, lot. 4. A "family" is any number Of persons maintaining a common household, except that no more than two (2) such persons may be room- ers. A roomer is a person living within the household who pays a consideration for such residence. 5. A "dwelling" is a building used wholly for habitation by one for more families. 6. A "single family dwelling" is a detached dwellinghav- ing acco;modations for only one family. 7. A "rooming house" is a building other than a hotel where more than two (2) persons are lodged for hire or where rooms for more than (2) persons are offered for hire, 8. A "tourist house" is the same as', a rooming house. 9. A "hospital" is an estab- lishmentl for temporary occupation by the sick or injured for the purpose of medical treatment and does not" include an estab- lishmentR for permanent occupation by the poor, in- firm, incurable or insane. 10.A "nursi'ng or convalescent home" i's a building other than a hospital where per- sons except insane, feeble minded, (,`drug or liquor patients, are lodged, fur- nished with meals and nursing care for hire. ILA "yard" is the space on a lot not occupied by a principal building. 12.A "front yard" is a yard between the curb line and the front line of a prin_ cipal building extended to the side lines of the lot. 13.A "rear yard" is a yard between the rear line and the front line of a princi- pal building extended to the side lines of the lot. 14.A "side between buildings line and from the rear yarc yard" is a yard the . principal and a side lot extending through front yard to the 15.The "height" of a build- ing is the vertical distance measured from the average elevation of the proposed grade line of the ground about the building to the mean height between the eaves and ridge for pitch- ed roofs, and to the high- est part of the roof for flat roof s. crops to feed domestic animals or fowl, or c. Rearing of poultry in confinement for meat or eggs, 23.A "house trailer" or "mo- bile home" is any vehicle mounted on wheels, mov- able either by its own power or by being drawn by anoth- er vehicle, and equipped to be used for living, or sleep- ing quarters or so as to permit cooking. 24.A commercial trailer is any vehicle mounted on wheels, flat bed or van type, drawn by another vehicle, and used for commercial purposes. ARTICLE II Establishment of Districts Section 2. Districts. For the purpose of this ordinance the Village of Dryden, New York, is hereby divided into four (4) types of districts as follows: 1, a.Residence Districts A b.Residence Districts B 2. Agricultural Districts 3. Commercial Business Districts 4. Industrial Districts Said districts are set forth 16.A "story" is that portion of a building included on the map entitled "Zone between the surface of any floor and roof next above; Map" dated and signed by the the first story of a wall is the lowest story which Village Clerk. Said map, and is seventy-five(75) percent or more above the average all explanatory matter thereon level of the ground about the building. is hereby made a part of this 17.An "accessory building a building subordinate clearly incidental to principal building on same lot and used for purposes customarily cindental to those of principal building. " is ordinance. and Section 3. District Bound - the the aries. Where uncertaint) the in- exists with respect to the the boundaries of the various dis- 18.A "non- conforming" use is tricts as shown on the Zone a use of land existing at the time of enactment of Map, the following rules shall this ordinance which does not conform -to the zoning apply: regulations of the district in which it is situated. 19.A "curb line" is the edge of the right of way of a street, road or highway. 20.A "junk yard" is a lot,land or structure, or part there- of, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded mater- ial; for the collecting, dis- mantling, storage and sal- vaging of machinery or vehicles not in running condition and for the sale of parts thereof. 21.A "dump" is a lot or land or part thereof used prim- arily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sew- age, trash, refuse, junk, discarded machinery, veh- icles or part thereof, or waste material of any kind. 22.A "farm" is a plot of land that exceeds one acre and is used for: motor vehicles, a. Tillage of land to pro- duce food or fibre to be consumed directly or indirectly by humans or domestic animals or fowl, or b. Grazing of land and its I. The district boundaries are lot lines unless otherwise shown, and where the des- ignation on the Zone Map Indicates a boundary ap- proximately upon a lot line, such lot line shall be con- strued to be the boundary. 2. Distances shown on the Zone Map are perpendic- ular or radial distances from street lines measured back to the zone boundary line,which lines in all cases where distances are given are parallel to the street line. 3. In other cases the boundary line shall be determined by the use of the scale of the Zone Map, 40 Where Industrial or Com- mercial Business Districts abut on Residential dis- tricts the depth of Indus- trial or Commercial Business Districts shall not exceed one -half of the depth of the block. ARTICLE III Residential Districts Section 4A. Use Regulat- ions. Residential District A. In any Residential District A. no building or premises shall be used and no building or part of a building shall be erected, altered or extended, which is arranged, intended or de- may be garaged or parked, signed to be used, except a provided, however, that no single family detached dwell- commercial vehicle or ing, or a twb- family detached commercial trailer or un- dwelling, subject to the same occupied camping trailer provisions and limitations shall be parked on any lot with regard to Accessory in a Residential District, Buildings, Yard Regulations &• In appropriate cases, Lot Area as set forth in Res- however, the Board of Ap- idential District B; insofar as peals may grant a special they apply to a single family use permit, allowing the detached dwelling or a two - parking of a commercial family detached dwelling, vehicle or commercial Section 4B. Use Regulat- trailer or 1 unoccupied ions, camping trailer on a lot Residential District B. In any in a residential district, Residential District B. no subject to the following building shall be erected, conditions: altered, or extended and no a. The applicant for such land or building or part there- special use permit shall of shall be used for other than show that there - are no any of the following purposes: garage facilities available for said commercial ve- 1. Dwelling, subject to Sec- hicle or commercial trail - tion 8. er or unoccupied camping trailer on the ,property in 2. Church or other place of question. worship, convent, paroch- b. The applicant shall show sal school, nursery school, that said commercial ve- school operated by a non- hicle or commercial trailer stock corporation under the or unoccupied camping education laws of the State; trailer is essential in the any institution of higher normal or ordinary course learning including dorms= - .._ -of his business: or employ - tory accomodations, ment. c. The maximum combined 3. Public park not conducted gross vehicle weight of the for profit, public play- commercial vehicle or ground. Field houses or commercial trailer or un- other accessory buildings, occupied camping trailer' Including necessary and shall not exceed 8,000 ; desirable concessions, are pounds. permitted, provided that no d. The permit shall issue such building shall be near- for a one -year. period, er than one hundred (100) which shall b6 renewable, feet to any lot line, and shall terminate at the end of each fiscal year. 4. Fire station orotherpublic Each application, including building necessary to the application for renewal, protection of or the ser- shall be accompanied by a vicing of a neighborhood. fee of $3.00. e. The grant of sulch per - 5. Any municipal or public mit shall not be injurious utility purpose necessary to the neighborhood or to the maintenance of Util- otherwise detrimental to ity Services except that the public welfare. substations and similar structures shall be subject Notwithstanding the foregoing, to the- sa -me- set -back re- in the case of dwellings -hous- quirements as apply to ing or designed to :house more residences in the District than three (3) families, the In which the substations or provisions of Section 23 shall similar structures are apply. constructed. 4. A temporary building for 6. Such accessory uses as are customarily incidental 'to the above used, subject to the provisions of Section 5 and 6. 7. Gardens and accessory appurtenances. Section 5. Accessory Uses. Permitted accessory uses in Residential Districts shall in- elude the following: 1. The office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect, or mem- ber of other recognized profession. 2. Customary home occupa- tion, such as dressmaking, hairdressing, laundering, or homecooking, conducted by one person only, resident In the dwelling, provided that no goods or products are publicly displayed or offered for sale, and fur- ther provided that no of- fensive noise, odor, or dust are created, and provided that there shall be no ex- ternal evidence of such occupations except a small announcement or profess- ional sign not over two square feet in area, 3. Garage space or parking space for not more than two (2) motor vehicles, provided that for each two thousand (2,000) square feet that the area of the lot exceeds eleven thousand (11,000) square feet, one additional motor vehicle commerce or industry in a Residential District where such building is necessary or incidental to the devel- opment of a residential area. Such building may not be continued for more than one year 'except upon special approval of the Board of Appeals. 5. Living quarters in a�private garage for domestic em- ployees of the resident of the principal building. 6. The taking of not more than four (4) non - transient adult roomers, provided ' that no sign is displayed. 7. A tourist home shall be permitted upon'Yssuance of a special annual j permit from the Board'' of Appeals. Section 6. A',c c e s s o ry Buildings. Accessory Build- ings may not occupy any re- quired open space other than a rear yard except as noted: below and any such accessory building may occupy not more than forty (40) per cent of any required rear yard and shall not be less than three (3) ,feet from any side or rear lot line, except that la pri- ; vate garage may be built ac- ross a common lot line with a party wall by mutual agree- ment between adjoining pro- perty owners. An' accessory building on a corner lot shall not be less than five (5) feet from the rear lot line. Acces- sory buildings shall in no case exceed twenty (20) feet in height. Where the natural slope of the ground exceeds a twenty (20) per, cent rise directly from. the curb line, a private garage, not over one story in height may be located in the front yard not less than five (5) feet from said curb line. On a corner lot, no accessory building may be nearer the side curb line than the required front yard depth on the side street. The area occupied by a garage attached to a dwelling directly or by means of a covered passageway shall not be included in the computation for building coverage. Section 7. Yard Regula- tions, In Residential Districts, yards of at least the following depths are required, exceptas provided by Section 21, 22, and Paragraph 3, Section 8. Front yard -- Forty (40) feet from the curb line. Not less than the average'depth of the yards of building lots immediately adjacent. Side Yard -- Ten (10) feet from the lot line on both sides. Rear Yard -- Not less than thirty (30) feet in depth. Section 8. Lot area. Except as provided in Section 21, no building shall be erected, al- tered, or extended upon any lot with less than seventy -five (75) feet frontage and each lot shall consist of a minimum of eleven thousand, two hundred fifty (11,250) square feet. Fif- ty (50) per cent more lot area shall be provided for each additional family over one. 1. Building Floor Area. No dwelling shall be erected or altered so as to provide for less than seven hundred (700) square feet of en- closed foundation area. 29 Parking Facilities. Every building housing or de- signed to house more than three families shall pro- vide in connection with it and on the same lot garage space or off - street parking space for automobiles equal to the number of the dwelling units provided in such dwellings. Every church or other place of .worship shall provide in connection with it off - street parking facilities for at least one automobile for each eight (8) pews. Every school or other educational institution shall provide in connection with it off. 'Street parking space for at least two automobiles for each class room. 3. Every hospital, sanitarium, or nursing home or con- valescent home shall pro- vide in connection with it off - street parking space for at least one automobile for each five (5) beds pro- vided in the building. 4, Side Yard on a Corner Lot. On a corner lot in a Res- idential District, the side yard on the street side shall be at least one -half the re- quired front yard. 5. Motor Vehicle Parking in Front Yard. No required front yard shall be used for the open -air parking of motor vehicles except in established driveways. 6. Unlicensed motor vehicles shall not be parked or stor- ed out of doors in any res- idential district except by existing licensed_ dealers. Section 99 Location. With the approval of the Village Board, a presently undevelop- ed area which is classified as residential District B may, upon development, be re- classified as Residential District A. ARTICLE IV Agricultural Districts Section 9. Use Regulations. In agricultural districts the lands and buildings may be used for any lawful farm pur- pose except any use that is so noxious or offensive by reason of emission of odor, dust, smoke, fumes, noise or vi- bration as to be dangerous to public health and safety. 1. Any building in which farm animals are kept shall be at least one hundred (100) feet from any dwelling. 2. No manure shall be stored. 3. No greenhouse heating pl- ant shall be operated with- in fifty (50) feet of any lot line. 4. No products may be sold at the roadside or be publicly displayed for sale, except by permission of the Board of Appeals. 5. The provisions of Section 7 and 8 shall apply to this article. ARTICLE V Commercial Business Districts Section 10.Use Regulations. In Commercial Business Dis- tricts, no building shall be erected, altered, or extended and no land, or building or part thereof, shall be used for other than one or more of the following uses: 1. Any use permitted by Arti- cle III, Section 4. 2. Retail Store, 3. Business or professional office. 4. Restaurant or other place for the serving of food. In granting approval the Board of Appeals shall de- termine that a need for such exists for the convenience of the neighborhood and that the general welfare of the community will be served. 5. Bank or other monetary Institution, 6. Gasoline sales station but only on special permit of the Board of Appeals. 7. Place of business of the following and business of a similar and no more objectionable nature, pro- vided that any manufacture or processing of goods on the premises is clearly incidental to a retail bus- iness conducted on the premises. Baker Barber Caterer Cleaner Confectioner Decorator Dressmaker Dyer Florist Furrier Hairdresser Hand Laundry Manicurist Milliner Nursing or convalescent home Optician Photographer Printer Shoeshiner, shoemaker or repairer Tailor Telegraph and Telephone office Undertaker Upholsterer Section l l .Outdoor Storage. There shall be no outdoor storage of rubbish or refuse. Section 12. Yard Regula- tions. In Commercial Business Districts, yards of at least the following depths must be provided: Front Yard -- Ten (10) feet from curb line. Rear Yard -- Ten (10) feet from lot line. Section 13. Signs, In Com- mercial Business Districts there shall be permitted one exterior overhanging sign only for each business conductea on the premises, Such sign shall not exceed thirty (30) square feet. Iron, steel, brass, orcopper foundry or fabrication plant Junk yard Lamp Black manufacture Paint, oil, shellac, turpen- tine, or varnish manu- facture Paper and pulp manufacture Petroleum products refin- ing or reclaiming Potash works Pyroxylin manufacture Rolling mill Rubber or gutta percha manufacture or treat- ment Shoe polish manufacture Smelting of metal ores Soap manufacture Soda and compound man- ufacture Stock feeding pen Stockyards or slaughter of animals Stone crusher or quarry Storage of gasoline, oil or other inflammable liquids Storage or baling of rags, scrap paper, scrap met- al or junk, including automobile, building ma- terials, salvage yards Tanning, curing or storage of raw hides or skins Tar roofing or waterproof- ing manufacture Wool pulling All uses of land, buildings, and structures or industrial pro- cesses that may be noxious or injurious by reason of the pro- duction or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or con- ditions, provided, however, that any uses may be per- mitted if approved by the Board of Appeals and subject to the securing of a permit therefor and to such Condit= ions, restrictions, and safe- guards as may be) deemed necessary by said Board for the purpose of protecting the health, safety, morals or the general welfare of the com- munity. ARTICLE VI Industrial Districts Section 14.Use Regulations. In Industrial Districts, build- ings and land may be used for any lawful purposes except the following trades, industries or uses may be permitted only upon special approval of the Board of Appeals. Acid Manufacture Alcohol Manufacture Ammonia, bleaching powder or chlorine manufacture Arsenal Asphalt manufacture or re- fining Automobile wrecking Bag cleaning Blast Furnace Boiler works Bottled Gas storage Brick tile or terra cotta manufacture Candle manufacture Cement, lime gypsum. or plaster of Paris man- ufacture Central mixing plant for cement, mortar, plaster or paving materials Coke oven Creosote treatment or manufacture Disinfectants manufacture Distillation of bones, coal, or wood Dyestuffs manufacture Explosives manufacture or storage Extermination and insect poison manufacture Emery cloth and sandpaper manufacture ]Fat rendering Fertilizer manufacture Garbage, offal, ordeadani- coal reduction or dumping Gas manufacture or storage ARTICLE 'VII Non - Conforming Uses Section 15. Continuation of Existing Uses. Except as pro- vided in Sections 16, 17, 18, 19, 20 any use of land, or a building or part thereof, ex- isting at the time that this ordinance becomes effective, may be continued, althougt such building for use does not conform to the provisions hereof. This section shall not apply to Article III, Section 8, Paragraphs 5 and 6. Section 16. Abandonment of Use. When a non - conforming use has been discontinued fox a period of at least one year, it shall not thereafter be re- established, and the future use shall be in conformity with th e provisions of this ordinance Section 17, Junk Yards Notwithstanding any other provisions of this ordinance, any automobile or other jun k yard or any dump in exis- tence at the time of the adop- tion of this ordinance shall be discontinued within on year of such date. Section 18. Alterations. N non - conforming building shal t be altered or extended excep t as authorized by the Board o f Appeals. Section 19. Changes. A non- conforming use may be changed to another non -con- forming use of a more re- strictive classification and when so changed to a more restrictive use, it shall not again be changed to a less restrictive use. The order in which the various districts are named in Section 2 shall be taken as the order of the classification of restrictive- ness from the most restrict- ive to the least restrictive. Section 20, Restoration. Nothing herein shall.prevent the substantial restoration within six (6) months and con- tinued use of a nonconform- ing building damaged less than seventy-five (75) per cent of the assessed valuation of such building immediately prior to such damage by fire, flood, earthquake, act of God, or act of public enemy. The time limit for restoration may be extended by the Board of Ap- peals in cases of practical difficulty or unnecessary hardship. ARTICLE VIII Supplementary Provisions Section 21, Existing Lots. Other provisions of this or- dinance notwithstanding, noth- ing shall prohibit the use of a lot of less than the required area for a single - family dwelling in any district ex- cept an Industrial District, provided that all the other pro- visions of this ordinance are complied with, when such lot at the time of the passage of this ordinance was owned or leased by persons other than those owning or leasing any adjoining lot. Section 22. Front Yard Ex- ceptions. Other provisions of this ordinance notwithstand- ing, no building in any district need have a front yard greater in depth than the average of the front yards of the lots next thereto on either side, a va- cant lot or lot mith a front yard greater than the minimum re- quired depth being counted as if it were the minimum front yard for the district in which it is located. Section 23. This ordinance is intended to provide guidance in the construction of res- idential dwellings for less than three families. In addition to the ordinance herein, the Mul- tiple Residence Law of the State of New York must be fully complied with in the construction, enlargement or alteration of any dwelling cov- ered by the Multiple Resi- dence Law. Section 24. Side and Rear Yard Transition. On every lot in a Commercial'iBusiness or Industrial District that abuts directly on a Residential Dis- trict, there shalt! be provided a yard of at least fifteen (15) feet on such lot along the line or lines where. it abuts such Residential District, Section 25. Open Porches. In determining the floor area, the percentage of building cov- erage or the size of yards for the .purpose l of -this or- dinance, porches open atthe sides, but roofed, shall not be considered a p part of the building. e Section 26. Fences and Walls. The provisions of this ordinance shall not apply to fences, or walls n'ot over four (4) feet. high above the natural grade, nor to terraces, steps, unroofed porches, or other similar features jl not over three (3) feet high above the level of the floor of the ground e story, except as' limited by Section 27. No Section 27, Corner Visi- bility. In any Residential Dis- trict, no structure, fence or planting over three (3) feet in height above street level shall be maintained on any corner lot within a triangular area formed by the curb lines along the streets to the points on such lines a distance of thirty (30) feet from their inter- section, and a line connecting such points. Any fence or planting that does" not)conform to the requirements of this Section shall be made to con- form within one year ,from the date that this ordinance be- comes effective. Section 28: Projections in Yards. Every part - of a re- quired yard shall.be open from its lowest point to the sky un- obstructed except for the or- dinary projection of .sills, pil- aster, leaders, chimneys, cornices, eaves and orna- mental features, provided that no such projection may extend more than four (4) feet into any required yard. Bays, including their cor- nices and eaves,; may extend not more than four '; (4) feet Into any required yard pro -. vided that the sum 'IlPf such projections on any wall shall not exceed one -third the length of such wall. An open fire balcony or fire escape may extend n;ot more than four (4) feet into any required yard. Section 29. Reduction of Lot Area. Whenever III a lot upon which stands a building is changed in size or shape so that the area and yard re- quirements of thi's ordinance are no longer complied with such building shall not there- after be used until it is al- tered, reconstructed.1 or re- located so as to ;comply with those requirements. The pro- visions of this Section shall not apply when a !portion of a lot is taken for al' public pur- pose. Section 30. More than One Building on a Lot.l' When there is more than one principal building on a lot 'in any dis- trict the space between such buildings must be at least equal to the sum !l of the side yards required 1l by'I such buildings or the sum of the rear and the front °yar l�s as the case may be, Section 31. Location of Certain Activities:'' Otherpro- visions of this ordinance-not- withstanding, the', following uses or activities shall not be permitted nearer ]to any Residential District than the following specified distances: I. Garage or shop 4for the painting of automobiles' or for- N `- Ffttv,Laa =1II810` m a I .:': . :.•.. go ..: N 'RD. Toll FREEM14 m a I .:': . :.•.. go ..: N Toll .. • I v�segitE�do►R 00009 so* o • lEE 4W • ' •: O 0 Do see 60606000 *see • 1: :' I :c. I • ••'•' t r �t I D I� Y Ric AY Ago' r. N , VII o N.Y. i3 .J .. .:. Is 6 OR Dg a o rovesqw� :: •. •... • .• i<lIINL jjESIDEMTI AL. B ,:..::....".. :::•::.:...:.... ::: .CQMMfRCIRL .:4 _ . ..: :: ::::.:,•.:::::• '..'i AGRICULTURAL- L::. W. Main St. North Side Commercial- Business Dist. Parcel # 11- 1 through ll- 9 W. Main St. South Side Commercia - Business Dist, Parcel # 10- 3 through 10 -20 Parcel # 13- 6 through 13 -15 Q at 0 OA C Z s 6 Eo Main St. South Side olmnerc a - siness fist. Parcel # 3-8 and 3 -9 George Street North Side I I _J South Street East Side Comnercia - Business at. Parcel # 3- 9 through 3 -12 Parcel # 11 -18 through 11 -22 E. Main St. North Side ormercia - siness Dist, South Street West Side Parcel # 12- 4 through 12- 8 Commercial- Business fist. Parcel # 10- 1 rum ercial- uuiness is t. Parcel # lli- li through 1!i- 6 Parcel # 2-5 Parcel # 10 -23 through 10 -27 Parcel # 10 -1 through 10 -3 the repairing of automobile except by a watchman, shall comply with these re- to the neighborhood or per safety measures shall be bodies or fenders involving quirements within one year otherwise detrimental to applied such as fencing r hammering or other work 2• No part of any building thereafter. the public welfare. other adequate g causing loud or unusual noise used as a public garage or q protection for gasoline service station and Section 36. Trailers. There 5. The permit shall issue existing hazard. or fumes or odors -- three g shall be no house trailer or for a one -year period, hundred (300) feet, no filling pump, lift or other mobile home located within which shall be renewable, ARTICLE IX. 2. Animal hospital, kennel, service appliance shall be the village. There shall be no and shall terminate at the Administration or place for the board of erected within one hundred house trailer park or mobile end of each fiscal year, animals, two hundred (200) (100) feet of any Residential home park located within the Each application, including Section 38. Building Per - feet. District, Village, In appropriate cases, application for renewal, mite No building in any dis- 3. Theatre, dance hall, no oiling gasoline or oil pump, however, the Board of Appeals shall be accompanied by a trict shall be begun,' altered or bowling alley, skating rink -- g or greasingmechan- may grant a special use per- fee of $3.00 carried on without a building three hundred (300) feet, ism and no other service ap. mit allowing a house trailer or permit authorized and issued 4. Any use listed in Section pliance installed inconnection mobile home to be placed on Section 37. Abandoned Cel- by the Building Inspector. No 14- -five hundred (500) feet- with any gasoline sales sta- a separate parcel of land in lar Holes and Buildings. With- such permit shall be issued Section 32. Extraction of tion or public garage shall be other than the residential in six (6) months after work except upon written order of Natural Products. In any Dis- within fifteen (15) feet from district, subject to the follow- on any excavation for a build- the Board of Appeals, where trict, the removal of sod, loam, any curb line. ing conditions, ing has begun, any excavation the proposed construction, al- sand,gravel, or quarried atone Section 35. Gasoline and for a building shall be covered teration, or use would be in for sale, except when incident- Oil Storage Tanks. Any tanks 1. Health and sanitary re- over or refilled by the owner violation of any provision of al to, or in connection with, used for the storage of gas - gulations must be strictly to the normal grade. Any this ordinance. Every appli- the construction of a building oline, oil or other inflammable complied with along with all building substantially des- cation for a building permit shall be prohibited. liquid in excess of 100 gallons, appropriate general ordin- troyed by any cause shall be shall state the intended use of Section 33, Access to Bus- any portion of which have been ances. demolished within sixty (60) the building, and shall beacc­, iness or Manufacturing Use, erected above ground level, 2. The lot shall consist of days after such destruction or ompanied a plot pla drawn No driveway or other means shall have constructed under at least seventy five (75) restoration shall be commen- to scale and with all dimen- of access for vehicles, other said tank or tanks a dike or feet frontage and shall con- ced within sixty (60) days after sions shown indicating the size than a public street, shall be subject to the sist of a minimum of eleven such destruction and shall be and shape of the lot and build - maintained or used in any approval of the Board of Ap- thousand two hundred fifty completed within one year ings, Unless there has been Residential District for the Peals to prevent discharge (11,250) square feet, and after such destruction. The substantial progress in the servicing of a business or of liquid from endangering must have access to a pub- time limit for such restor- work for which the building manufacturing use located in adjoining property or reach- lic road, ation may be extended by the permit was issued, said build - Commercial Business or In- ing waterways. Where a diked 3: The applicant shall agree Board of Appeals in cases of ing permit shall expire one dustrial District, enclosure is required under that if the area is rezoned practical difficulty or un- year from the date of issue, the paragraph, it shall have residential, the house tra- necessary hardship. Any ex- No permit shall be issued when capacity not less than of the filer or mobile home shall cavation or cellar hole re- the estimated cost of the pro. Section 34, Public Garages tank or tanks served by the be removed within ninety maining after the demolition and Gasoline Sales Station, enclosure. Any such area (90) days after such re= or destruction of a building posed structure obviously in- 1. No part of any public where there is a tank or tanks zoning, from an cause shall dicates that it is materially garage shall be used for re- existing at the time this or- 4. The grant of such per- covered over or filled b the inferior to the buildings which sidential or sleeping purposes dinance becomes effective mit shall not be injurious owner within one month• by fisting in the district in which it is proposed that it is to be constructed, ro the detriment of existing. property owners and the devaluation of their properties. In any case of question the permit shall not be granted except upon written order of the Board of Appeals. Section 39. Enforcement. This ordinance shall be enfor- ced by the Building Inspector who shall in no case, except under written order of the Board of Appeals, grant any building permit or certificate of occupancy for any building or premises where the pro- posed construction, alteration or use thereof would be in violation of any provision of this ordinance. Section 40. Certificate of Occupancy. It shall be unlaw- ful to use or permit the use of any building or land or part thereof hereafter erect- ed, -changed, altered or ex- tended in whole or in part, until a certificate of occup- ancy shall have been applied for and issued by the Build- ing Inspector. Section 41, Fees. Each application for a buildingper- mit for a principal building shall be accompanied by a fee of $5.00. The fee for access- ory building or alterations shall be $2.00. All fees collected by the Building Inspector shall be turned over to the Village Treasurer at the end of each month. The Village Board shall by resolution provide for the compensation and expenses of the Building Inspector and de- termine the disposition of the fees collected. The collection of the fees authorized in this section shall become non - operative at such time as the Village Board may adopt a Building Code with a schedule of fees for building permits and certificates of occupancy. Section 42. Board of Appeals. A. Creation, Appointment and Organization. A Board of Appeals is here- by created. Said Board shall consist of three (3) members appointed by the Board of Trustees, each for a three year term. Vacancies shall be filled for the unexpired term. The Board shall elect a chairman from its member- ship, shall appoint a secre- tary, and shall prescribe rules for the conduct of its affairs. B. Powers and Duties The Board of Appeals shall have all the power and duties prescribed by law and by this ordinance, which are more particularly specified as follows: 1. Interpretation. Upon appeal from a de- cision by the Building Inspect- or to decide any question in- volving the interpretation of any provision of this ordin- ancc, including determination of the exact location of any district boundary if there is uncertainty with respect thereto. 2. Special Use Permits. To issue special use per- mits for any of the users for which this ordinance requires the obtaining of such permits from the Board of Appeals. No such special use permit shall, -tie granted by the Board of Appeals unless it finds that the use for which such permit is sought will not, in the cir- cumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. Variances. To vary or adapt the strict application of any of the re- quirements of this ordinance the case of exceptionally ir- regular, narrow, shallow or steep lots, or other except- ional .physical conditions, whereby such strict applic- ation would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable .use of the land or building involved, but in no other case. No variance in the strict application of any provision of this ordinance shall be granted by the Board of Appeals unless it finds: a. That there are special circumstances or conditions fully described inthefindings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building. b. That for reasons fully set forth in the findings, the granting of the .variance is necessary for the reasonable use of the land or building and that the variance as grant- ed by the Board is the-min. imum variance that will ac-4 complish this purpose. c. That the granting of the variance will be in har- mony with general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise de- trimental to the public wel- fare. In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable. C. Procedure The Board of Appeals shall act in strict accordance with the procedure specified bylaw and by this ordinance. All appeals and applications made to the Board shall be in writ- ing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the or- dinance involved, and shall ex- actly set forth the interpre- tation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office. of the Village Clerk by case number under one oran- other of the following head- ings: Interpretations; Special Use Permits; Variances; to- gether with all documents per- taining thereto. The Board of Appeals shall notify the Board of Trustees of each special use permit and each variance under the provisions of this ordinance. Section 43. Violations and Penalties: Any person, firm, corporation or other, violat- ing any provision of• this or- dinance shall be deemed guilty of a -misdemeanor and upon conviction thereof shall be subject to a fine of not exceeding fifty (50) dollars, or to imprisonment for not exceeding fifty (50) days, or both such fine and imprison- ment, for each and every vi- olation and for each day and every day that such violation continues. Section 44. Amendments. This ordinance maybe amend- ed as provided by law. Section 45. Validity. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. Section 46.Short Title. This ordinance shall be known as Zoning Ordinance of the Vill- age of Dryden. Section 47, When Effective. This ordinance shall be in force and effect immediately upon adoption and publication, as provided by law.