Village of Geneseo, NY Regulations Applicable to All Zoning Districts

Editor's Note: This local law also provided for the redesignation of former Subsection D as Subsection E.

Outdoor furnaces shall not be permitted in any yard.

§ 130-45 Access to improved street.

No permit for the construction of any building shall be approved unless such structure has access from an improved street or a street on an official map, plan, approved subdivision or duly filed plat in accordance with Subdivision of Land, Article XIII.

§ 130-46 Widening of right-of-way.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front setback shall be measured from such proposed right-of-way line.

§ 130-47 Lots in more than one district.

All the uses, buildings and facilities, yards, open space, off-street parking and required landscaping must be contained within the district in which the use is permitted.

§ 130-48 Corner and through lots.

The locations of all buildings on corner lots and on lots extending between two parallel streets shall comply with the following requirements: any yard fronting on an improved street shall be a front yard, one other yard shall be a rear yard, and any other yards shall be a side yard.

§ 130-49 Creation of a new lot.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.

§ 130-50 Travel trailers.

Except as permitted by § 130-57, Temporary uses and structures, no person shall use or occupy any travel trailer, tent trailer, tent or motor home for living or sleeping quarters within Geneseo for more than 45 days per calendar year.

§ 130-51 Kennels.

Kennels shall be subject to the following requirements:

Demonstration that the kennel will not create nuisance conditions for adjoining properties due to noise or odor.

Demonstration that all animals will be confined to the property.

Demonstration of adequate methods for sanitation and sewage disposal.

Every kennel and its associated outside dog runs shall be located at least 200 feet from the nearest dwelling (other than the owner or user of the property) and at least 100 feet from any lot line.

§ 130-52 Dumping of waste material.

Dumping, piling or accumulation of refuse, garbage (other than in closed containers which are regularly emptied in a lawful manner), waste material, scrap or other noxious substances is prohibited.

§ 130-53 Quarries and pits; filling and excavating.

Any excavation or filling, including removal of topsoil, shall require site plan review by the Planning Board in accordance with the requirements of Article XIV.

Placement of fill must be in accordance with Planning Board approved site plans, particularly sections in relation to drainage, erosion control and flood hazard prevention. Installation or improvement of natural or constructed drainage channels may be required to assure adjacent property owners are not negatively impacted by fill activities.

Any grade alteration, which involves removal of vegetation but no built improvements on an area greater than 5,000 square feet, shall be seeded to provide an effective cover crop within the first season after initiation of the grade change operation.

Only unregulated fill materials, such as uncontaminated soil, asphalt, brick, stone, concrete, glass and organic debris from the premises, may be used in such fill activities.

Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts.

A quarry for the removal of stone or a sand or gravel pit shall be prohibited in all districts.

§ 130-54 Outdoor storage of materials and equipment.

No material of any kind shall be stored outdoors in any zoning district, except a one- or two-family lot, unless:

Allowed as part of an approved site plan;

Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than one year or not more than 60 days after completion of construction, whichever is less; or

Such outdoor storage is limited to machinery, equipment or supplies essential to the operation of a farm or storage of any products grown on the premises of a farm or nursery.

No more than one unregistered, unlicensed motor vehicle is allowed to be stored outside on any lot except in accordance with § 130-65, Motor vehicle service, sales or repair establishments. Such vehicle may not be stored outside for more than one year.

No yard, driveway or vehicular parking area shall be used for any open storage or other storage of any equipment greater than 20 feet in length, such as motor homes, camping trailers, boats, utility trailers or other similar equipment, unless by special use permit. Criteria used for this special use permit:

[Amended 5-28-2009 by L.L. No. 2-2009; 10-15-2012 by L.L. No. 2-2012]

On an improved surface.

In an area on the property that is the least visually intrusive to neighboring properties.

All enclosed storage shall be within structures, which meet the requirements of the New York State Codes, Rules and Regulations. Storage in mobile homes not connected to public utilities or tractor-trailer bodies is not allowed in any district.

No outdoor storage shall occur within 100 feet of a single-family residential or multifamily residential district. Outdoor storage shall provide a combination of distance and appropriately dense plantings or setback from residential or transitional uses or districts.

Upon written approval by the Code Enforcement Officer, the temporary outdoor display of plants, trees and landscaping materials may be permitted for a period not to exceed six months per year. Such displays shall be maintained to provide a neat, orderly appearance at all times

§ 130-55 Fences, walls and other structural screening elements.

A building permit is not required prior to installation of a fence.

Any fence shall have its most pleasant or decorative side facing the adjacent properties. The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.

Fencing erected or maintained between the facade of a building, excluding porches, and a public right-of-way shall be no more than three feet in height.

[Amended 5-28-2009 by L.L. No. 2-2009]

No fence shall exceed six feet in height. The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.

[Amended 5-28-2009 by L.L. No. 2-2009]

In no instance shall fences, walls, vegetation, or other structures or design elements be placed in front yards as to prohibit views to the primary frontage facade of principal structures placed along a public right-of-way.

Fences incorporating barbed wire, electric current or similar materials or devices shall be allowed only when necessary for public utility operations and shall be subject to a minimum ten-foot setback and shall include cautionary signage.

The Planning Board, as part of subdivision or site plan review, may require a fence or other screen to shield adjacent residences or other uses from undesirable views, noise or light.

Fences shall be maintained to provide functional, visual and structural integrity.

Fences designed to maim or injure prospective intruders are prohibited, except as authorized in Subsection F above.

Fences six feet or less in height, excluding dog runs, may be located along the side or rear lot line.

§ 130-56 Projections into yards.

[Added 10-15-2012 by L.L. No. 2-2012[1]]

Projection into yards shall be permitted as follows:

Fire escapes, uncovered stairs, landings, canopies, eaves or other architectural features not required for structural support may project into the side, front or rear yard not more than a total of three feet.

Porches/decks may project into the required rear yard up to 10 feet.

ADA (Americans with Disabilities Act) compliant ramps may project into the required side, front or rear yard not more than the minimum distance necessary for compliance with ADA requirements.

Editor's Note: This local law also repealed former § 130-56, Fire escapes.

§ 130-57 Temporary uses and structures.

Temporary use permits may be issued by the Code Enforcement Officer for a period not exceeding one year for nonconforming uses incident to housing and construction projects, including such structures and uses as the storage of building materials and machinery, the processing of building materials, a real estate office located on the tract being offered for sale or a temporary dwelling, such as a recreational vehicle with appropriate provisions for water supply and sewage disposal used during construction of a dwelling, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit or issuance of any applicable certificate of occupancy. Such permits may be renewed upon application to the Code Enforcement Officer for additional periods not exceeding one year.

§ 130-58 Swimming pools.

Residential swimming pools shall comply with Section 303 of the Property Maintenance Code of New York State, as well as other relevant sections of the New York Codes, Rules and Regulations. Pool and deck placement shall comply with structure setback requirements of the applicable zoning district.

§ 130-59 Home occupations.

See the definition in Article I.[1]

The occupation or profession shall be carried on wholly within the principal building, unless the Planning Board grants a special use permit to allow the home occupation in an accessory building, subject to the requirements of § 130-20D.

No more than two persons not residing in the household shall be employed in the home occupation.

There shall be no exterior display, other than a sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building. Signage regulations for home occupations are listed in § 130-89B.

In accordance with the standards set forth in § 130-67, no offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.

No more than 40% of the floor area of the residence will be allowed for the use of the home occupation.

The home occupation shall be conducted without substantial change in the appearance, character, or generation of pollution and traffic of the residence. All home occupations are subject to the special use permit process (see § 130-8C). Such special use permit shall be subject to review and revocation at the Planning Board's discretion.

Editor's Note: See § 300-5, Definitions, for the definition of "home occupation."

§ 130-60 Multifamily dwellings.

Driveways for ingress and egress shall be as required by the Village of Geneseo.

The minimum distance between buildings in a multifamily development shall be 10 feet. No multifamily dwelling or required recreation area shall be closer to a preexisting single-family or two-family dwelling than 20 feet.

Parking areas may be located in any yard other than the front yard, but no closer than 10 feet from any property line, and shall comply with all other regulations of the district in which the use is located.

Each multifamily dwelling development shall provide a recreation area or areas furnished with suitable equipment at a standard of 100 square feet for each dwelling unit, with minimum of 1,600 square feet per area.

Development applications for multifamily dwelling units shall be subject to site plan review by the Planning Board in accordance with Article XIV.

No multifamily building shall contain more than 10 dwelling units.

§ 130-61 Accessory dwelling units.

[Amended 10-15-2012 by L.L. No. 2-2012]

An accessory dwelling unit is permitted in accordance with the Bulk and Use Tables found in Article XVI,[1] subject to the following standards:

The owner(s) of the lot upon which the accessory dwelling unit is located shall reside within the principal dwelling unit.

There shall be no more than one accessory dwelling unit on any lot.

An accessory dwelling unit shall only be located in an existing principal building.

The area of an accessory dwelling unit shall not exceed 40% of the area of the principal dwelling unit or 600 square feet, whichever is smaller.

An accessory dwelling unit shall not have separate utility meters.

Any physical alterations to an existing principal building to create an accessory dwelling unit shall not include a new exterior stairway or a new exterior entrance, unless required to comply with the New York State Uniform Fire Prevention and Building Code or to provide handicapped access.

Any physical alterations to an existing principal building to create an accessory dwelling unit shall be done in such a way so as to facilitate the assimilation of the accessory dwelling unit into the original structure when it shall cease to be a lawful accessory dwelling unit.

If an accessory dwelling unit is unoccupied for a period of longer than 12 months, it shall cease to be a lawful accessory dwelling unit.

Editor's Note: The Bulk and Use Tables are included at the end of this chapter.

§ 130-62 Mobile home parks.

All preexisting single-wide mobile homes installed and occupied pursuant to this section shall conform to the New York State Codes, Rules and Regulations.

All mobile homes installed and occupied pursuant to this section shall also comply with such additional construction regulations as may be adopted by resolution of the Village Board.

All single-wide mobile homes must be located in a mobile home park.

All mobile homes located in a mobile home park must be skirted prior to the issuance of a certificate of occupancy.

The minimum size of a mobile home park shall be five acres.

The minimum size of a lot in a mobile home park shall be 6,000 square feet.

Minimum required setbacks.

Front: 10 feet to 20 feet from an interior road.

Side: 30 feet.

Rear: 100 feet.

No mobile home or communal recreation area in a mobile home park shall be located within 50 feet of a preexisting single-family or two-family residential lot.

Private roads providing access to individual lots in a mobile home park shall have pavement as required by the Village of Geneseo Department of Public Works.

Every mobile home park shall provide common recreational open space furnished with suitable equipment at a standard of 100 square feet per dwelling unit with a minimum area of 1,600 square feet per area.

Mobile home parks shall be served by public water and sanitary sewers.

§ 130-63 Fairs, carnivals and circuses.

On the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms for a special use permit, § 130-20D, for a fair, carnival or circus for a period not to exceed three days in any calendar year.

§ 130-64 Drive-in facilities.

All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.

The length of stacking areas shall be determined by the maximum length of stacking required to serve vehicles during the facility's peak hour of operation.

All drive-in establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential or transitional district.

Any speaker system installed as part of the drive-in establishment shall be located a minimum of 30 feet from any property line adjoining a residential property.

§ 130-65 Motor vehicle service, sales or repair establishments.

In addition to the information required for site plan review as specified in Article XIV, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

All fuel pumps shall be located at least 25 feet from any street or property line.

The entire area of the site traveled by motor vehicle shall be hard-surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan. No motor vehicle parts or partially dismantled motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.

Up to five unlicensed motor vehicles may be temporarily stored, not exceeding two months, at a repair or service establishment if adequate off-street parking spaces are available.

Accessory goods for sale may be displayed outdoors on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be placed on the respective island if provided for in a suitable stand or tank.

No motor vehicle establishment with fuel-dispensing equipment shall be located within 300 feet of any public entrance to a church, school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

The architecture and color scheme of canopies over pump islands shall be consistent with and reflect the design of the primary building of the establishment. Illumination originating from a canopy shall only be directed towards the ground. Canopies shall not be any larger than is necessary to contain extinguisher systems, fuel supply systems, and other necessary utilities.

§ 130-66 Bed-and-breakfasts.

A bed-and-breakfast establishment is permitted in accordance with the Bulk and Use Tables found in Article XVI, subject to the following standards:

A bed-and-breakfast shall only be established in a single-family detached dwelling.

A maximum of five guest rooms and a maximum of 10 overnight guests at any time shall be permitted in any one bed-and-breakfast establishment.

No food preparation, except beverages, is allowed within individual guest rooms. Meal service may only be provided to overnight guests, except in the case of special events or similar functions, subject to the requirements in § 130-66G.

All parking areas on property (except driveways) shall be behind the required building setback line and shall be screened from the view of adjacent residences to a height of six feet by a solid screening fence or by dense shrubs and vegetation.

The operator of the bed-and-breakfast shall be a full-time resident of the dwelling in which the bed-and-breakfast establishment is housed.

No exterior evidence of the bed-and-breakfast establishment shall be allowed, except for parking and either one attached sign no larger than eight square feet or one freestanding sign in the yard no larger than 12 square feet. No additional advertising of any kind is allowed on site. The Planning Board shall have discretion regarding the location of the attached or freestanding sign.

Special events.

[Amended 10-15-2012 by L.L. No. 2-2012]

An event permit shall be required for special events or similar functions to be held on the premises. An event permit shall either be a single event permit or a seasonal event permit. Seasonal event permits shall expire on January 1 of the calendar year following the calendar year in which they are issued.

The maximum total number of guests for special events shall be limited as follows:

Maximum of 30 (including overnight guests) for bed-and-breakfasts on lots less than five acres in size.

Maximum of 100 (including overnight guests) for bed-and-breakfasts on lots of five acres or more in size but less than 10 acres in size.

(c)

Maximum of 250 (including overnight guests) for bed-and-breakfasts on lots of 10 acres or more in size.

Off-street parking.

Adequate off-street parking shall be provided for all guests.

The minimum number of off-street parking spaces provided shall be one space for every two expected guests.

(4)

Permit applications. Applications for event permits shall be made in writing to the Code Enforcement Officer upon forms prescribed by and provided by the Code Enforcement Officer and shall contain the following information:

The name, address and telephone number of the applicant.

The location of the building, structures or land where the event is to be held.

(c)

Whether the application is for a single event permit or a seasonal event permit.

(d)

A description of event, including type of event, date and time, duration, and expected number of guests.

(e)

A detailed explanation as to how the impact to surrounding properties will be mitigated. Such explanation shall address traffic and parking, visual impacts, and noise (including compliance with Chapter 77 of the Code of the Village of Geneseo.)

(f)

A map or sketch plan showing the lot and the location of buildings, temporary structures including tents, ingress and egress, parking, and event activities.

(5)

Review of permit. The Planning Board shall carefully consider the application for compliance with this article. The Planning Board shall hold a public hearing on all applications for seasonal event permits, and may, at its option, hold a public hearing on an application for a single event permit. The Planning Board shall have the authority to impose reasonable conditions to mitigate the impact on surrounding properties.

(6)

The Planning Board may, at its option, revoke a seasonal event permit due to impacts on surrounding properties. The Planning Board shall hold a public hearing before revoking a seasonal event permit.

(7)

An event permit shall be void if the property is found to be in violation of Chapter 77 or 87 of the Code of the Village of Geneseo.

The Zoning Board of Appeals shall have the authority to impose additional reasonable conditions and restrictions as are directly related to and incidental to the proposed bed-and-breakfast establishment.

§ 130-67 Performance standards.

Applicability.

Planning Board action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.

Use subject to the performance standards procedures.

All uses subject to site plan review must comply with these performance standards.

In addition, if the Code Enforcement Officer has reasonable grounds to believe that any other existing or proposed use violates any of the performance standards, such proposed use may be required to certify compliance with these performance standards or such existing use may be cited for violation of these regulations.

Performance standards procedures.

The Code Enforcement Officer as part of the sketch plan conference shall tentatively identify whether a proposed use will be required to certify compliance with any of the performance standards listed in this section. Certification may require signing a written statement or presentation of construction detail and a description of the specifications for the mechanisms and techniques to be used in restricting the emissions of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging understanding and stating agreement to conform to the same at all times. Any information which is designated by the applicant as a trade secret and submitted herewith will be treated as confidential under provisions of the New York State Freedom of Information Law. During the course of site plan review, the Planning Board will determine if the applicant's proposal falls within the performance standards based upon information provided by the applicant. The Code Enforcement Officer can require the applicant to show that the construction detail and a description of the specifications for the mechanisms and techniques are in compliance with the standards set forth below.

Vibration.

No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibrations produced exceed 0.002 g peak at up to a frequency of 50 cycles per second, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.

Vibrations occurring at higher than a frequency of 50 cycles per second or a periodic vibration shall not induce accelerations exceeding 0.001 g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.

Noise.

The maximum decibel level radiated by any use or facility at any lot lines shall not exceed the values in the designated octave bands given in Table 3. The sound-pressure level shall be measured with a second-level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound-Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sound, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)

	Table 3
	Frequency Band (cycles per second)	Maximum Permitted Sound-Pressure Level (decibels)
	0 to 75	69
	75 to 150	60
	150 to 300	56
	300 to 600	51
	600 to 1,200	42
	1,200 to 2,400	40
	2,400 to 4,800	38
	4,800 to 10,000	35

Where any use adjoins a residential or mixed-use district at any point at the district boundary, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table 3.

(4)

Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart published by the United States Bureau of Mines which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.

(5)

Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.

(6)

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 0.1 the maximum allowable concentration set forth in § 12-29 of the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.

(7)

Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources or electromagnetic radiation, except that, for all governmental regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the federal regulations shall be unlawful if such radiation causes an abnormal degradation in performances of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content or modulation of energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.

(8)

Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.

(9)

Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.

(10)

Glare. Dark Sky compliant lighting fixtures are required, as defined by the following standards:

Direct glare. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, and with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground.