This chapter shall be known as the "Zoning Ordinance
of the Town of Sweden, Monroe County, New York."
The purpose of this chapter is to promote the
health, safety, morals and general welfare of the Town of Sweden by
regulating the height, number of stories and size of buildings and
other structures; the size of yards; the density of population; and
the location and use of buildings, structures and land for trade,
industry, residence or other purpose, all in accordance with a plan
for the development of said Town so as to conserve, stabilize and
protect the existing and future properties during the course of such
development, and to establish penalties for the violation of such
regulations.
Except as hereinafter provided:
A.Â
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.Â
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 have narrower
or smaller front, side or rear yards than is specified herein for
the district in which such building is located.
C.Â
No part of a yard or other open space about any building
required 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.
Nothing in this chapter shall prevent the erection
of a dwelling upon any single lot separately owned at the time of
the passage of this chapter, but, if the area of such lot is less
than sufficient to provide the yards required in the schedule herein
established, the location of such dwelling upon such lot shall be
as near to the center of the lot as may be practical.
In their interpretation, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals and general welfare
of the Town. Where conflict exists in regard to this chapter with
any existing law, ordinance, rule, regulation or permit, the more
strict law, ordinance, rule, regulation or permit shall govern.
For the purpose of this chapter, all words used
herein shall carry their customary meanings except where specifically
defined. Words used in the present tense include the future, and the
plural includes the singular; the word "lot" includes the word "plot";
the word "building" includes the word "structure"; the word "shall"
is intended to be mandatory; and "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged or designed
to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily incidental and subordinate to the principal
use or building, and located on the same lot with such principal use
or building.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
not more than one person per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations, including
CD ROM discs, video discs, software or PC images, which depict or
describe specified sexual activities or specified anatomical areas;
or
Instruments, paraphernalia or devices which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental or for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For the purposes of this definition, "principal
business purpose" shall mean 11% or more of any of the following:
The number of different titles of books, magazines,
periodicals or other printed material specified;
The number of copies or pieces of such material;
The amount of floor space devoted to the sale
and/or display of such material; or
The amount of advertising devoted to such material,
in any type of media format: verbal, electronic, print or signage.
Excepted from this category are all products
that are solely related to the prevention of conception and/or the
protection against sexually transmitted diseases.
The sale or rental of items from Subsection A above automatically categorizes a commercial establishment to be an adult use entertainment establishment.
A nightclub, bar, restaurant or similar commercial establishment
which features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A public or private establishment, or any part thereof, which
presents any of the following entertainment, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings, or both;
adult arcades; adult bookstores or adult video stores; adult cabarets;
adult motion-picture theaters; adult theaters; escort agencies; nude
model studios; and sexual encounter centers. Adult use entertainment
establishments customarily exclude minors by reason of age.
[1]Any landing area or locality, either of land or water, including
airstrips and intermediate landing fields, which is used or intended
to be used for the landing and takeoff of aircraft, for personal or
training purposes or for receiving or discharging passengers or cargo,
whether or not facilities are provided for sheltering, servicing or
repair of aircraft.
A narrow service way providing a secondary public means of
access to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The total areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces and steps.
The total areas taken on a horizontal plane at the main grade
level of the principal building, exclusive of porches, carports, terraces,
garages, steps and breezeways.
The total area within the property lines excluding external
streets.
A story partly underground but having at least 1/2 of its
clear height above average grade (see also "cellar").
An owner-occupied one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, containing at least three but not more than five bedrooms
for such lodgers.
Any dwelling in which more than three persons either individually
or as families are housed or lodged for hire, with or without meals.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
Any structure having a roof, supported by columns or by walls,
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A subordinate building or a portion of the principal building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or not enclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Includes the purchase or sale or any other transaction involving
the handling or disposition of any article, substance, commodity or
service, including animals, together with offices, and recreational
and amusement enterprises when conducted for a profit and as a general
enterprise.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Type 1: Any area of land or water on which are
located two or more cabins, tents, trailers, shelters, houseboats
or other accommodations of a design or character suitable for seasonal
or other more or less temporary living purposes, regardless of whether
such structures or other accommodations actually are occupied seasonally
or otherwise.
Type 2: Any land, including any building thereon,
used for any assembly of persons for what is commonly known as "day
camp" purposes, and any of the foregoing establishments, whether or
not conducted for profit, and whether or not occupied by adults or
by children, either as individuals, families or groups.
A private garage not completely enclosed by walls and doors.
A story partly underground and having more than 1/2 of its
clear height below the average finished grade. A cellar shall not
be considered in determining the permissible number of stories. See
also "basement."
Any place, however designated, operated for the purpose of
providing daytime care or instruction for four or more children, operated
on a regular basis. Child-care facilities shall include kindergartens,
day nurseries, day-care centers, preschool facilities and nursery
schools.
An organization catering exclusively to members and their
guests or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
See "business."
Any vehicle so licensed.
A parcel of land at the junction of and fronting on two or
more intersecting streets, roads, or thoroughfares where the front
line is indicated by the address of the building.
[Added 2-9-2021 by L.L.
No. 1-2021]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
That percentage of the plot or lot area covered by the building
area.
A building designed or used exclusively as the living quarters
for one or more families.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats and group
houses.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families,
living independently of each other.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association which furnishes or offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
The removal of sand, gravel, stone, ore, earth, including
topsoil, consolidated or unconsolidated material, or other natural
deposits or minerals from the ground by blasting, stripping, subterranean
or surface digging, mining, quarrying or other means.
The use of any land or other premises for the excavation
of consolidated or unconsolidated materials or other natural deposits
or minerals from the ground by blasting, stripping, subterranean or
surface digging, mining, quarrying or other means and by the cutting,
crushing, screening, washing, stockpiling and processing of materials.[2]
Any parcel of land containing at least 10 acres which is
used for gain 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 the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
Any area of land, including any structure or structures thereon,
that is used or designed to be used for the supply of gasoline or
oil or other fuel for the propulsion of vehicles. For the purpose
of this chapter, there shall also be deemed to be included within
this term any area or structure used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such motor vehicles.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior faces of
exterior walls or from the center line of walls separating two buildings.
In particular, the floor area of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory
off-street parking.
However, the floor area of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment with
structural headroom of less than seven feet six inches.
Uncovered steps.
Terraces, breezeways and open spaces.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Accessory off-street parking spaces.
Accessory off-street loading docks.
The maximum horizontal area of a building at the ground level,
exclusive of porches, steps and attached garages.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor space therein for more than one car is leased
to a nonresident of the premises.
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of motor
vehicles.
[Amended 8-22-2006 by L.L. No. 3-2006]
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
An occupation or profession which is carried on in a dwelling
unit, or accessory structure to a dwelling unit, by a member of the
family residing in the dwelling unit and which is clearly incidental
and secondary to the use of the dwelling unit for residential purposes.
[Amended 2-9-2021 by L.L.
No. 1-2021]
Unless otherwise specified, includes a sanitarium, sanatorium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place for the diagnosis, treatment or other care of ailments,
and shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
Manufacture of a raw product or commodity into a saleable
product, including those manufacturing or other operations through
which marketable commodities are produced.
A lot, land or structure, or a part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded materials or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
Any lot or premises on which any number of traditional domestic
animals are kept for commercial purposes not related to agriculture.
The Sweden Town Planning Board may permit land banking of
up to 25% of the required parking spaces through the site plan process.
Sufficient evidence shall be provided by the applicant that supports
the reduced parking needs. The area proposed for land banking of parking
spaces shall be an area suitable for parking at a future time. Landscaping
of the land banked area shall be in full compliance with the zoning
regulations and, at a minimum, landscaped with turf. As a result of
the site plan review, additional landscaping of the land banked area
may be required. The land banking area cannot be used for any other
purpose. The land banked parking area cannot be used to fulfill any
other landscaping requirements. As a part of the site plan review
process, the applicant shall show the area to be banked on the site
plan and marked as "Land Banked Future Parking." The Sweden Town Planning
Board, on the basis of increased parking demand for the use, shall
require the conversion of all or part of the land banked area to off-street
parking spaces. Nothing shall prevent the applicant from converting
the land banked area to parking prior to Town notification. Where
land areas are reserved for future connections to adjacent parcels,
all improvements (i.e., sanitary, storm, water, roads) are to be constructed
to the common property line.
[Added 2-9-2021 by L.L.
No. 1-2021]
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment or hotel.
The dividing line between the street and the lot.
A building in which three or more rooms are rented and in
which no table board is furnished.
A parcel of land occupied or capable of being occupied by
one building, and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
[Added 2-9-2021 by L.L.
No. 1-2021]
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the street right-of-way line to the
rear lot line measured in the general direction of the side lines
of a lot.
[Amended 2-9-2021 by L.L. No. 1-2021]
The linear distance along a lot line which adjoins the road
or highway providing access to a lot.
[Added 2-9-2021 by L.L.
No. 1-2021]
Property lines bounding a lot.
[Amended 2-9-2021 by L.L. No. 1-2021]
The line separating a lot from a street right-of-way.
[Added 2-9-2021 by L.L.
No. 1-2021]
The line opposite and most distant from a front lot line.
[Added 2-9-2021 by L.L.
No. 1-2021]
Any lot line other than a front or rear lot line.
[Added 2-9-2021 by L.L.
No. 1-2021]
The width of a lot between the side lot lines at the front
building line as prescribed by front yard and setback regulations.
[Amended 2-9-2021 by L.L. No. 1-2021]
Any installation which provides any accommodations or facilities
for watercraft, including mooring, docking, storing, leasing, sale
or servicing of watercraft located adjacent to waters of the State
of New York within the Town of Sweden.
A portable unit less than five years old designed and built
to be towed on its own chassis, comprised of a frame and wheels, connected
to utilities and designed without a permanent foundation for year-round
living. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity, as well as two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. Mobile units can
be designed to be used for residential, commercial, educational or
industrial purposes, excluding, however, travel trailers, motorized
homes, pickup coaches and camping trailers.[3]
[Amended 8-22-2006 by L.L. No. 3-2006]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient motor vehicle[4] travelers and providing for accessory off-street parking
facilities. The term "motel" includes buildings designated as tourist
courts, motor lodges and similar appellations.
See "garage, public."
Use of a building or of land which was lawful prior to the
adoption or amendment of this chapter but which does not conform to
the regulations as to use for the district in which it is situated
by reason of such adoption or amendment.[5]
Any place, other than an art class accredited by the State
of New York, where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn,
painted, sculptured or photographed or similarly depicted by other
persons who pay money or any form of consideration.
The appearance of one or more of the following: human bare
buttocks, anus, male genitals, female genitals or fully exposed female
breasts.
See "hospital."
An unoccupied space open to the sky on the same lot with
the building.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto and having direct access to a street or alley.
The signed placard to be obtained by an owner, lessee, licensee
or any other principal user of land, as required by this chapter.
[Amended 8-22-2006 by L.L. No. 3-2006]
See "lot."
A platform attached to a house, covered by a roof.
Paper or cardboard advertising media of a temporary nature,
widely distributed and applied to vertical surfaces.
A lot or land, or part thereof, used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
Any establishment where horses are kept for riding, driving
or stabling for compensation, or incidental to the operation of any
club, ranch, association or similar establishment.
The offering of agricultural products raised only on the
premises from which they are sold.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolas of the female breast, as well as
portions of the body covered by supporting straps or devices.
See "filling station, public gasoline."
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, escort agency, nude model studio
or sexual encounter center.
A group of at least four or more existing or proposed nonresidential
establishments managed as a unit and which are usually within the
same building, or in contiguous units or in separate units that are
using integrated parking facilities and have a common access to the
public way.
[Added 3-25-2008 by L.L. No. 3-2008;
amended 10-29-2013 by L.L. No.
2-2013]
Any structure, vehicle or part thereof or any device attached to a structure, vehicle, or part thereof or painted or represented on a structure, vehicle or part thereof which shall display or include any letter, word, model, banner, flag, insignia, device, or representation used as or which is in the nature of an announcement, direction or advertisement. A sign does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit. See § 175-30 for specifics.
[Amended 8-22-2006 by L.L. No. 3-2006; 10-29-2013 by L.L. No. 2-2013]
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a business sign.
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
FLASHING SIGNAny illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
CAMPAIGN SIGNAny sign which directs attention to a political candidate or to a nonprofit organization fund-raising event.
An authorization of a particular land use which is permitted
in this chapter, subject to conditions imposed by this chapter to
assure that the proposed use is in harmony with this chapter and will
not adversely affect the neighborhood if such conditions are met.
The male genitals and/or the vulva or more intimate parts
of the female genitals.
Any of the following:
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the distance from the top surface of the floor to the top
surface of the ceiling joists.
A public or private way which affords the principal means
of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The strip of land occupied by a dedicated roadway under the
jurisdiction of a governmental agency.
[Added 2-9-2021 by L.L.
No. 1-2021]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
The increase by more than 11% of any of the following:
The number of different titles of books, magazines,
periodicals or other printed material specified;
The number of copies or pieces of such material;
The amount of floor space devoted to the sale
and/or display of such material; or
The amount of advertising devoted to such material,
in any type of media format: verbal, electronic, print or signage.
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches (610 millimeters) deep.
This includes in-ground, aboveground and on-ground pools, hot tubs,
spas and fixed-in-place wading pools.
[Amended 8-22-2006 by L.L. No. 3-2006]
A building or part of a building devoted to the showing of
motion pictures or legitimate theater on a paid admission or free
basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of motion pictures or theatrical
productions, on a paid admission basis, to patrons seated in motor
vehicles or on outdoor seats.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A building or structure, or portion thereof, to which any
one or more of the following apply:
[Added 2-9-2021 by L.L.
No. 1-2021]
Unoccupied and/or unsecured.
Unoccupied and/or unsecured by other than normal means.
Unoccupied and unsafe as determined by the Sweden Town Code
Enforcement Officer.
Unoccupied subject to a prior court order(s) and/or an order(s)
from the Sweden Town Code Enforcement Officer.
Illegally occupied.
Unoccupied for a period of time of over 90 days, except where
an owner maintains residency in another location during winter months
or otherwise is absent for an extended period of time due to travel,
illness or other exigent circumstances.
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 requirements.
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.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
An unoccupied space open to the sky, on the same lot with
a building or structure.
An open, unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open, unoccupied space on the same lot with the building
situated between the rear line of the building and the rear line of
the lot and extending the full width of the lot.
An open, unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
[1]
Editor's Note: For regulations pertaining to adult use entertainment establishments, see § 175-49.
[2]
Editor's Note: The definitions of "family,"
as amended, which followed this definition, was repealed 3-24-2009
by L.L. No. 1-2009.
[4]
Editor's Note: Throughout this chapter, the
term "automobile" was amended to "motor vehicle" 8-22-2006 by L.L.
No. 3-2006.
