This chapter shall be known and may be cited
as the "Zoning Law of the Town of Caledonia."
Pursuant to the authority and power granted by Chapter 62, Article 16, of the Consolidated Laws,[1] to regulate and restrict the height, number of stories
and size of buildings and other structures; the percentage of occupancy
of lots and parcels of land that may be occupied; the size of yards,
courts and open spaces; the density of population; the location and
use of buildings, structures and land for trade, industry, residence
or other purposes and to establish zones or districts in the Town
of Caledonia, the Town Board does ordain the following regulations.
[1]
Editor's Note: See Town Law § 261
et seq.
For the purposes of this chapter, the Town of
Caledonia is hereby divided into the following nine classes of districts:
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R-R
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Agricultural and Rural Residence District
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R-1
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Residence District
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B-1
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Neighborhood Business District
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B-2
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General Business District
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B-3
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Highway Business District
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I-1
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Light Industrial District
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I-2
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Heavy Industrial District
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L-C
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Land Conservation District
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P-D
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Planned Development District
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The boundaries of these districts are hereby established on a map entitled the "Zoning Map of the Town of Caledonia," which Map accompanies and is hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Where a district boundary line, as appearing on the Zoning Map, divides a lot or land in single ownership as existing at the time of enactment of this chapter, the use authorized on and the district requirements applying to the less restricted portion of the property shall be construed as extending into the remaining portion of the property beyond the district boundary lines for a distance not exceeding 35 feet. Otherwise, unless shown to the contrary on the Zoning Map, the boundary lines of districts are:
B.
Questions concerning the exact location of the district
boundary lines shall be resolved by the Zoning Board of Appeals.
A.
The zoning regulations and districts herein set forth and as outlined upon the Zoning Map are made in accordance with a Comprehensive Plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the community.
B.
They have been designed to:
(1)
Lessen congestion in the streets.
(2)
Secure safety from fire, panic and other dangers.
(3)
Provide adequate light and air.
(4)
Prevent the overcrowding of land.
(5)
Avoid undue concentration of population.
(6)
Facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
(7)
Minimize the impact of land development on the natural
environment.
C.
They have been made with reasonable consideration,
among other things, as to the character of each district and its peculiar
suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the Town of Caledonia.
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, except as hereinafter provided.
A.
ACCESSORY BUILDING OR USE
ALLEY
AREA, LAND
AREA, TOTAL FLOOR
AREA VARIANCE
BASEMENT
BLOCK
BOARDINGHOUSE and/or ROOMING HOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING, ACCESSORY USE OF
BUILDING, ALTERATION OF
BUILDING, PRINCIPAL
BUILDING, HEIGHT OF
BUILDING OR STRUCTURE, NONCONFORMING
BUILDING OR STRUCTURE, NONCONFORMING USE OF
CAMPGROUND, COMMERCIAL
CAMPGROUND, PRIVATE
CENTER LINE OF STREET OR ROAD
CLUBHOUSE
COMMERCIAL DAY CARE
COMMERCIAL HORSE BOARDING OPERATION
CONSTRUCTION, SEMIFIREPROOF
COURT
DAY-CARE CENTER
DRIVE-IN BUSINESS
DWELLING
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, MULTIFAMILY
DWELLING, ROW OR TOWNHOUSE
DWELLING, SEMIDETACHED
DWELLING UNIT
EFFICIENCY APARTMENT
EVENT BARN
FAMILY
GARAGE, PRIVATE
GARAGE, PUBLIC
GROOMING BUSINESS
HOME DAY CARE
HOME OCCUPATION
HOME, TOURIST
HOSPITAL
HOTEL
KENNEL
LOT
LOT, CORNER
LOT OF RECORD
MOBILE HOME
MOBILE HOME PARK
MODULAR DWELLING
MOTEL
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
PORCH, OPEN
PROFESSIONAL OFFICES
RENTAL MINI-STORAGE
RETREAT
RIDING STABLE or RIDING ACADEMY
STORAGE[1]
STORY
STREET
STREET LINE
USE VARIANCE
VARIANCE
VETERINARIAN'S OFFICE
YARD, FRONT
YARD, REAR
YARD, SIDE
Certain words and terms used in this chapter are defined
for the purposes thereof as follows:
A building or use clearly incidental and subordinate to the
principal use or building and located on the same lot with such principal
use or building.
A public thoroughfare having a right-of-way width of 20 feet
or less.
When referring to the required area per dwelling unit, means
net land area, the area exclusive of street and other public open
space.
The area of all floors of a building, including finished
attics, finished basements and enclosed porches.
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 this chapter.
Finished space below the first main floor of the building
having a ceiling not more than four feet above the average outside
ground level.
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of the block for purposes
of this chapter.
A dwelling, other than a hotel, wherein more than three people
are sheltered and/or fed for profit.
Any structure constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes and similar
structures whether stationary or movable.
A building the use of which is customarily incidental to
that of a dwelling and which is located on the same lot as that occupied
by the main building.
A use customarily incidental to the use of a building for
dwelling purposes.
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 location to another; or creation of additional
dwelling units within a building.
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.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof or
a dome intended for human occupancy; to the deckline of a mansard
roof; and to the mean height level between the eaves and ridge of
a gable, hip or gambrel roof.
An established building or structure lawful prior to and
at the time of adoption of this chapter which, because of its inherent
nature or construction, does not conform to the provisions of this
chapter for the district in which it is located.
An established use of a building or structure or use of land
lawful prior to and at the time of the adoption of this chapter that
does not conform to the permitted use provisions of this chapter for
the district in which it is located.
Accommodations provided to the public for a fee which includes
such facilities as permanent or temporary structures for living purposes
or sites tailored for handling recreational vehicles of a short-term
duration not exceeding six months per year, recreational activity
areas and structures, water, sewage and waste disposal systems meeting
Department of Environmental Conservation and County Health Department
standards, off-street parking areas, etc.
Same as "commercial campground," except that it is not intended
for general public use. No fee is charged and water and sewerage facilities
must meet the same requirements as for residential uses.
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Zoning Board of Appeals.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
Care for more than 14 children under age 14 and unrelated
to a resident adult for less than 24 hours at a time.
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production, not including operations whose
primary on-site function is horse racing.
[Added 9-14-2017 by L.L.
No. 3-2017]
Construction in which all bearing walls, supporting members
and exterior walls are made of masonry, concrete, steel or other equally
fire-resistant material and in which the roof is of asbestos shingle
or other similarly fire-resistant material.
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.
A facility which provides care for six or more children less
than 14 years of age and unrelated to a resident adult for less than
24 hours each day.
A business where patrons may enter the premises and be served
or entertained in automobiles, including drive-in outdoor theaters,
refreshment stands, banks and the like. Deposit and pickup services
shall not be considered "drive-in businesses."
A house, apartment building or other building designed or
used primarily for human habitation. The word "dwelling" shall not
include boardinghouses or rooming houses, tourist homes, motels, hotels
or other structures designed for transient residence.
A detached building designed for the use of a single household,
including one or more people living as a family.
A building having two side yards and accommodating two families.
A dwelling or group of dwellings on one plot containing separate
living units for three or more families, but which may have joint
services or facilities, or both.
A dwelling accommodating or designed to accommodate but 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 or lot line walls.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
An apartment which includes the following separate rooms
or combination thereof: a combination living room and bedroom with
a combination kitchen and dining room; or a combination living room,
bedroom and dining room with a separate kitchen, provided that the
kitchen can be closed off from the remainder of the room, and the
bathroom, with a toilet and bath facilities, is in a separate room.
No additional room shall be permitted, except hallways and suitable
closet and storage space.
A usually large wooden or stone outbuilding constructed on
or before 1950, previously or presently used for agricultural purposes
such as the storage of crops or feed and the housing of livestock
or farm equipment that will now he used for gatherings and events
such as, but not limited to weddings, parties, fundraisers, where
the event barn is a permanent business.
[Added 9-14-2017 by L.L.
No. 3-2017]
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption, shall
not be considered to constitute a family.
A garage not conducted as a business or used for storage
space for more than one commercial vehicle which shall be owned by
a person residing on the premises.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
Any commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
[Added 9-14-2017 by L.L.
No. 3-2017]
Care for more than six but less than 14 children under age
14 in an individual's home, who are not related to the individual
in residence, for less than 24 hours each day.
An occupation conducted in a dwelling unit or customary accessory
structure, provided that the home occupation shall be clearly incidental
and subordinate to the property's use for residential purposes by
its occupants and does not involve the sale of goods or the keeping
of stock-in-trade unless handcrafted on the premises.
A private residence in which overnight accommodations are
provided for not more than 10 transient paying guests; includes bed-and-breakfast
establishments.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and shall be limited to the treatment or other care of
humans.
A public inn in which there are 12 or more rental rooms without
provisions for cooking in any individual room or suite.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling dogs or cats.
[Amended 9-14-2017 by L.L. No. 3-2017]
A piece, parcel or plot of land occupied or to be occupied
by a principal building and its accessory building or buildings and
including the yards and other open spaces required by this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at its points of beginning within the lot or at the points
of intersection of the side lot lines with the street line intersect
at an angle of less than 135°.
Any lot which has been established as such by plat, survey,
record or deed prior to the date of adoption of this chapter as shown
on the records of the Livingston County Clerk.
A portable structure designed to be transported on its own
wheels which is used, designed to be used and capable of being used
as a detached single-family residence and which is intended to be
occupied as permanent living quarters containing sleeping accommodations,
flush toilet, tub or shower, kitchen facilities and plumbing and electrical
connections for attachment of outside systems. The definition of a
mobile home includes all additions made subsequent to the installation
of the principal structure. This definition does include double-wide
manufactured homes but does not include modular dwellings placed on
a standard foundation or a travel trailer.
See Chapter 86, Mobile Home Parks.
A housing unit constructed off site consisting of more than
one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meets all the
standards of the New York State Uniform Fire Prevention and Building
Code. The definition of "modular dwelling" shall not include "mobile
home."
A public inn containing not less than eight rental units
with provisions for but not limited to automobile parking space to
accommodate not less than one car per rental unit and separate toilet
facilities and hot and cold running water for each rental unit.
An established use of a building or structure or of land
lawful prior to and at the time of adoption of this chapter that does
not conform to the permitted use provisions of this chapter for the
district in which it is located.
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either a permanent
or a 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.
The office or place of business where professional services
are offered and does not involve the sale of goods or the keeping
of a stock-in-trade. Professional offices include but are not limited
to those of doctors, dentists, surgeons, attorneys, real estate brokers,
architects, engineers, planners, surveyors, insurance brokers, accountants,
psychologists and chiropractors.
A building or a group of buildings in a controlled-access
and fenced compound that contains varying sizes of individualized,
compartmentalized and controlled access stalls or lockers for the
dead storage of customers' goods or wares.
Any home or other structure used for formal or informal gatherings
of 20 or more people at one time staying overnight at the facility
on a regular basis (six or more overnights during any sixty-day period).
"Retreat" shall not include hotel, motel, campground, boardinghome,
nursing home or other institutional use.
Includes any place or enclosure in which is placed or maintained
one or more riding horses for the purpose of offering the same for
riding either to the public or to the members of a private riding
group or club.
[Added 9-14-2017 by L.L.
No. 3-2017]
The accessible area within a building not used as living
space. It can include a basement or usable attic but shall not include
breezeways or porches.
That part of a building included between any floor, other
than a basement, and the floor or roof next above.
Any public way dedicated to public travel greater than 20
feet in width. The word "street" shall include but not be limited
to the words "road," "highway" and "thoroughfare."
The right-of-way line of a street as indicated by dedication
or by deed of record.
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 this chapter.
See the definitions of "area variance" and "use variance."
An establishment for the medical and/or surgical care of
sick or injured animals, including facilities for their temporary
housing and confinement, and, when operated as an accessory use by
the licensed veterinarian, facilities for short-term boarding of animals,
sales of animal supplies, and food and equipment; also known as an
"animal hospital."
[Amended 9-14-2017 by L.L. No. 3-2017]
An open space extending across the entire width of the lot
between the building line or front main wall of a building and the
front property line (street or road right-of-way line) and into which
space there shall be no extension of building parts other than steps,
open porches, eaves, cornices and similar fixtures.
An open space extending across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot and unoccupied except for accessory buildings and open
porches, which in the aggregate, shall occupy not more than 35% of
the area.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard, into which
space there shall be no extension of building parts other than eaves
with an overhang of not more than two feet, rainwater leaders, window
sills and other such fixtures and open steps for a distance not exceeding
four feet.
[1]
Editor’s Note: The former definition of “satellite
antenna,” which immediately preceded this definition, was repealed
9-14-2017 by L.L. No. 3-2017.
B.
Word usage. The present tense shall include the future,
the singular number shall include the plural and the plural the singular.
The word "shall" is always mandatory.
