This chapter shall be known and may be cited as the "1959 Zoning
Ordinance of the Village of Brockport."
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future tense; the singular shall include
the plural; the word "lot" includes "plot" and "parcel"; the word
"building" includes the word "structure"; the word "shall" is intended
to be mandatory; "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged or designed to be used
or occupied."
When used to modify buildings, structures or uses, those
buildings, structures or uses customarily incidental to and on the
same lot with the permitted use.
A building containing more than two dwelling units with not
more than six lodgers or boarders per family, but not more than 20
individuals.
[Added 11-19-1973]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. A restaurant, tea room or similar establishment
located on the same premises as an "auto court" shall be considered
as an accessory use. The term "auto court" includes facilities designated
as tourist courts, motor lodges, motels and similar uses.
A story partly underground and having more than 1/2 of its
height above the level of the adjoining ground.
[Added 3-29-1965]
A multiple dwelling in which there are fewer than 30 sleeping
rooms, occupied primarily by individuals whose permanent residency
is without the Village of Brockport, transients or otherwise temporary
residents, in which there are provided services incidental to its
use as a temporary residence. Said services may include the providing
of meals or kitchen facilities, but the provision of said services
is not mandatory for purposes of this definition.
[Amended 11-19-1973]
A barrier of wood, metal, transite, fabricated materials
or natural vegetative growth maintained on or without two feet of
a property boundary line.
Any structure other than a boundary fence or boundary wall.
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.
A line parallel to the lot line or to the major portion thereof,
transecting that point in the building face which is closest to such
lot line. The building face includes sun parlors, breezeways and porches,
whether enclosed or unenclosed, but does not include steps, patios
and terraces. Where the overhang of a roof is greater than two feet
measured from the face of the building, the "building line" shall
be established as the eave of the building. The "building line" of
any accessory building shall be the eave line.
A story partly underground and having more than 1/2 of its
height below the level of the adjoining ground.
[Added 3-29-1965]
A change from nondwelling or private dwelling use to multiple
dwelling or mixed occupancy.
[Added 5-7-1984 by L.L. No. 1-1984]
A structure used for the harboring of more than three dogs
that are more than six months old.[1]
A dwelling used or designed for uses as defined as a multiple
dwelling in the New York State Multiple Residence Law.[2]
A building designed for and occupied by two families living
independently of each other.
[Amended 12-7-1970]
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with living, sanitary
and sleeping facilities.
[Added 11-19-1973]
The use of an electric vehicle charging station by which
electric vehicles are fueled through the transfer of electricity
into the vehicle battery.
[Added9-19-2016 by L.L.
No. 2-2016]
A system for the charging of an electric vehicle. Components
typically include a charging kiosk and transformer.
[Added9-19-2016 by L.L.
No. 2-2016]
The open space on the premises and on adjoining property
under the control of the owner or operator of such premises.
[Added 11-19-1973]
[Amended 12-7-1970; 4-17-1995 by L.L. No. 3-1995]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school.
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
Common ownership of the furniture and appliances among the members
of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Any area of land, including any structure or structures thereon,
that is or are used or designed to be used for the supply of gasoline
or oil 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.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches.
Uncovered steps.
Terraces, breezeways and open spaces.[3]
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.
See "unit, single-family dwelling."[4]
[Added 4-17-1995 by L.L. No. 3-1995]
The definitions of the terms "house trailer," "trailer camp" and "camp unit" shall be those definitions as given in Chapter 51, Trailers and Trailer Camps, of the Code of the Village of Brockport.
A lot or structure or part thereof, used primarily for the
collection, storage and sale or abandonment of wastepaper, rags, scrap
metal or discarded materials, or for the collection, dismantling,
storage and salvaging or abandonment of machinery or vehicles not
in operating condition and for the sale of parts thereof.
A building, structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
of the district or zone in which it is situated.
A dwelling in which overnight accommodations are provided
or offered for use by transient guests for compensation.
An off-street space other than a one-lane driveway available
for the parking of one motor vehicle and having an area of not less
than 200 square feet and a width of not less than nine feet exclusive
of passageways and driveways appurtenant thereto, and giving access
thereto and having direct access to a street or an alley.
Areas of land five acres or more in size on which it is proposed
to erect at least three buildings and general development by one owner
without subdivision of ownership. Such districts are designated by
amendment of this chapter by the Board of Trustees to add such area
as districts.
[Added 1-3-1971]
A single-family dwelling having two principal floors, one
above ground level and one below ground level. The entrance vestibule
is at ground level.[5]
[Added 3-29-1965]
The established grade of the street upon which the lot fronts,
the grade being the grade as established by the Village.
The dividing line between the street and the lot. For the
purposes of this chapter, where the street line is not readily determinable,
the street line shall be that line as shall be established by the
Superintendent of the Street Department of the Village.
An area adjacent to a dwelling, open to the sky, and may
extend into a required yard, and elevated not more than 18 inches
above average ground grade.
A building designed for and occupied by one family.
[Added 4-17-1995 by L.L. No. 3-1995]
Whenever the words "workmanlike state of maintenance and
repair" are used, they shall mean that such maintenance and repair
shall be made in a reasonably skillful manner.
[Added 11-19-1973]
An unoccupied space open to the sky.
That area of the lot extending across the entire front of
the lot, bounded by the street line and the front building line between
the two side lot lines.
That area of the lot extending across the entire rear of
the lot, bounded by the rear lot line and the rear building line and
between the two side lot lines.
That area of the lot between the side building line and its
related side lot line and between the front yard and rear yard.
[1]
Editor's Note: The definitions of "dwelling" and of "dwelling,
one-family," as amended, which followed in this section, were repealed
4-17-1995 by L.L. No. 3-1995.
[3]
Editor's Note: The definition of "garden apartments," added
3-29-1965, which immediately followed this definition, was repealed
12-20-1971.
[4]
Editor's Note: The definition of "home occupation," which
immediately followed this definition, was repealed 6-12-1978 by L.L.
No. 4-1978.
[5]
Editor's Note: The definition of "rooming house," added 12-7-1970,
which immediately followed this definition, was repealed 11-19-1973.
