Nothing in this chapter shall restrict the construction, use
or maintenance of public or municipal buildings, structures or facilities,
parks or other publicly owned properties, except the sewage disposal
plant, in any district, nor the installation, maintenance and operation
of such public utilities and facilities as may be essential to the
servicing of any district or area in which it is located; however,
the permit for such construction must be approved by the Board of
Appeals after public hearing upon due notice.
A.
Except as hereinafter provided:
(1)
Site plan and building approval by the Planning Board is required for all land use and/or development within the Village of Brockport, including but not limited to expansion, reorientation, reduction and/or alteration of off-street parking areas and driveways in accordance with § 58-22B and Chapter 16, Driveways, § 16-8.
[Added 12-16-1968; amended 12-20-1971; 1-19-1987 by L.L. No. 2-1987; 10-19-1987 by L.L. No.
6-1987; 10-21-1991 by L.L. No. 4-1991; 4-17-1995 by L.L. No.
4-1995; 12-16-2013 by L.L. No. 3-2013]
(2)
No building, structure or land shall be used or occupied and no building,
structure or part thereof shall be erected, moved, altered or placed
unless in conformity with the regulations for the district in which
it is located and until a permit therefor shall have been issued in
accordance with the provisions of this chapter.
(3)
No building or structure shall exceed the height, accommodate or
house a greater number of families, occupy a greater percent of lot
area or have narrower or smaller front, side or rear yards than specified
herein for the district in which such building, structure or use is
located.
(4)
No part of a yard or other open space required about any building
or structure 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 or structure. There shall
be but one principal use of any one lot.
(5)
Unless otherwise regulated, accessory structures and garages which
are necessary to a residential use and located in a side yard shall
meet the same front and side yard requirements as established for
the principal building, and accessory buildings and structures entirely
within the rear yard shall be placed not less than three feet from
a side lot line or from a rear lot line, except that a structure which
is accessory to a dwelling erected and occupied prior to the date
of the enactment of this chapter may be placed in the rear 30 feet
of the lot, not less than one foot from the side lot line. No accessory
building shall exceed 15 feet in height.
(6)
When a lot in a B District or in an I District abuts a lot in the
O District or in the T District,[1] there shall be provided in such B District or I District
lot a yard or open space abutting the residential use district lot
of not less than equal to the height of the business or industrial
building wall nearest the residential lot line.
[Amended 11-19-1973]
[1]
Editor's Note: T Residential Use Districts (T Districts) were
repealed 5-7-1984 by L.L. No. 1-1984.
(7)
Two or more abandoned, disabled, dismantled or partly dismantled
vehicles allowed to remain on any premises for a period of more than
30 days; the storage, sale or abandonment of wastepaper, rags, scrap
metal, discarded materials; or the collecting, dismantling, storage,
salvaging or abandonment of machinery or vehicles not in operating
condition shall constitute a junkyard and is a violation of this chapter,
except when located in the I District and in compliance with the provisions
for the Industrial District.
[Amended 5-7-1984 by L.L. No. 1-1984]
(8)
Used building materials which have been salvaged for use in the construction
of another building shall not be stored other than in the I District,
except when intended for use in the erection of a building or structure
on any premises for which a building permit has been issued.
[Amended 5-7-1984 by L.L. No. 1-1984]
(9)
In any district, it shall be unlawful to occupy, for sleeping purposes
or for public assembly purposes, all or any part of a one-story structure,
the floor of which is below the required yard elevation.
[Amended 5-7-1984 by L.L. No. 1-1984]
(10)
Where two or more adjacent parcels of land are, at the time of the
enactment of this chapter, in the same ownership, they shall for the
purposes of this chapter be considered as a single lot.
[Amended 5-7-1984 by L.L. No. 1-1984]
(11)
In any district, whenever a vacant lot in the same ownership as an
abutting lot or a lot fronting on the same street opposite from a
lot which is occupied at the date of the enactment of this chapter
by a legal nonconforming use and there is need for off-street parking
area for vehicles of potential clients and employees of said nonconforming
use, the Board of Appeals, after public hearing, may authorize the
granting of a permit or the issuance of a certificate of occupancy
for the use of such vacant lot for off-street parking, in accordance
with a plot plan and statement of establishment and maintenance as
submitted by the applicant and as may be approved or as may be modified
and approved by the Board of Appeals.
[Amended 5-7-1984 by L.L. No. 10-1984]
(12)
In any O District, it shall be unlawful to erect or maintain outdoor
advertising signs or billboards, except those business and professional
announcement signs as may herein be permitted.
[Amended 5-7-1984 by L.L. No. 1-1984,]
(13)
In any O or B District, the placing, location or use of house trailers,
mobile homes or other vehicles or of similar structures as dwellings
is prohibited. Such vehicles and structures may be established in
Industrial Use Districts in conformity with the provisions of the
house trailer regulations of the Village of Brockport[2] and pertinent provisions of this chapter.
[Amended 11-19-1973; 5-7-1984 by L.L. No. 1-1984]
(14)
In any district, it shall be unlawful to establish or maintain a
private dump, a waste disposal area or a facility for the depositing,
burying or otherwise disposing of or treatment of animal, vegetable,
mineral, chemical or radioactive waste materials. Incineration of
combustible materials is permitted pursuant to appropriate Village
fire regulations and laws. This prohibition shall not apply to the
composting of manure from domestic animals or fowls and vegetative
plants for the purpose of agricultural soil improvement.
[Amended 5-7-1984 by L.L. No. 1-1984]
(15)
Any parcels of land which are split by two or more different types
of zoning within a specific parcel of land (tax account number) as
of the effective date of this amendment shall, for the purposes of
zoning, carry the zoning classification of whichever type of zoning
covers the majority of the area within that parcel.
[Added 12-4-1978 by L.L. No. 9-1978; amended 5-7-1984 by L.L. No.
1-1984]
(16)
All work related to a total rehabilitation of any facade on Main
Street between the New York State Canal and State Street and Erie
Street and on Market Street from Main Street to Water Street shall
require continuation of the theme of the 1979 through 1984 Community
Development Facade Program and shall require Village Planning Board
approval.
[Added 9-4-1984 by L.L. No. 3-1984]
(17)
A variance is not required wherein a structure complies with all
setback regulations on an existing tape location map and discrepancies
are shown on a new instrument survey for said structure, provided
that the discrepancy does not exceed 12 inches. Any such violation
is waived by the Village of Brockport.
[Added 3-4-1985 by L.L. No. 4-1985]
(18)
At no time shall there be parked or stored at any premises, driveway
or yard more than one unlicensed vehicle. Any vehicle remaining on
a premises longer than 10 days after the owner has been notified by
certified mail to remove such vehicle shall be towed by orders of
the Village of Brockport at the owner's expense.
[Added 9-10-1990 by L.L. No. 1-1990]
(19)
Display of house numbers.
[Added 12-1-1997 by L.L. No. 2-1997]
(a)
All principal structures located within any residential, commercial
or industrial zoning district shall have or display at least one set
of street numbers assigned to it. Numbers must be prominently displayed
on the front of said structure and in no case shall script design
be permitted.
(b)
In the case where the principal structure is not clearly visible
from the street or more than 75 feet from the edge of the road right-of-way,
a post with the property numbers displayed upon it, not to exceed
five feet in height, shall be installed in close proximity to the
property access no less than five feet nor more than 25 feet from
the edge of the road right-of-way. All numbers must be visible from
the street away from shrubs, fence and trees.
(c)
All numbers shall be Arabic in design only, with a minimum of
five inches in height and shall sharply contrast in color from the
structure.
(d)
In the case of new construction, no temporary or final certificate
of occupancy will be issued until the Building Department verifies
that such street numbers have been properly installed. Furthermore,
no inspection for new construction will be provided until the developer
installs the lot number in a prominent location on the site prior
to construction.
(e)
The absence of address numbers, or the insecure fastening or
absence of any whole number thereof, or the use of any number not
properly assigned by the Village, or its failure to meet visibility
requirements, shall be considered to be in violation of this chapter.
(f)
Any structure having street numbers that are Arabic in design,
logical in sequence, within the distance required, a minimum of four
inches in height and of contrasting colors as of the effective date
of this section shall be deemed to be in substantial compliance with
this section.
(g)
Address numbers on mailboxes are not acceptable as a substitute
for above regulations.
B.
Area of dwelling; room size. Multiple dwellings, two-family dwellings
or rooming houses shall have a living space allocated per bedroom
to a single roomer or lodger of not less than 80 square feet, and
for each additional roomer or lodger occupying the same room, an additional
80 square feet shall be allocated. One toilet and bath shall be allocated
for six persons residing in said dwelling.
[Added 2-3-1992 by L.L. No. 1-1992; amended 4-17-1995 by L.L. No.
3-1995]
The following regulations shall apply in the O Residential Use
District.
A.
Permitted uses.
(1)
One-family dwellings.
(2)
Churches and similar places of worship, convents and parish houses.
(3)
Public parks, playgrounds and similar recreational areas.
(4)
Public and parochial schools at all educational levels, public libraries
and other municipal building and uses.
(5)
Home occupations.
[Amended 6-12-1978 by L.L. No. 4-1978]
(a)
An occupation may be conducted in a dwelling, provided that:
[1]
No person other than members of the family residing on the premises
shall be engaged in such occupation.
[2]
Any and all home occupations shall be clearly incidental and
subordinate to the area of the dwelling unit used for residential
purposes by the residents thereof, and the total floor area of any
and all home occupations shall not exceed 25% of the floor area of
the dwelling unit.
[Amended 9-10-1990 by L.L. No. 1-1990]
[3]
There shall be no change in the outside appearance of the buildings
or premises or other visible evidence of the conduct of such home
occupation.
[4]
There shall be no exterior display or indication of the use
other than a specifically permitted sign.
[5]
No home occupation shall be extended into an accessory building.
[6]
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be provided by an off-street area located other than in a required
front yard.
[7]
No equipment or process shall be used in such home occupation,
which equipment or process creates noise, vibration, glare, fumes,
odors or electrical interference detectable to the normal senses of
persons off the lot if the occupation is conducted in a single-family
residence or outside the dwelling unit if conducted in other than
a single-family residence. In the case of electrical interference,
no equipment or process shall be used which creates visual or audible
interference with any radio or television receivers off the premises
or causes fluctuation in the line voltage off the premises.
[8]
Any type of business or stage of manufacturing or repairing
of any items whether or not the sale of same takes place in the home
shall require a home occupancy permit.
[Added 5-7-1984 by L.L. No. 1-1984]
(b)
Any person desiring to carry on a home occupation must obtain
a special conditional use permit. This permit may be granted by the
Zoning Board of Appeals.
[1]
In order to grant any conditional use, the Zoning Board of Appeals
shall find that the establishment, maintenance or operation of the
use applied for will not, under the circumstances of the particular
case, be detrimental to the health, safety or general welfare of persons
residing or working in the neighborhood of such proposed use or be
injurious to the property and improvements in the neighborhood or
to the general welfare of the Village.
[2]
The conditional use permit shall be void if the use shall cease
for more than six months for any reason.[1]
[1]
Editor's Note: Former Subsection A(5)(b)[2], which dealt
with granting of the original permit and reapplication thereafter,
was repealed 10-19-1987 by L.L. No. 6-1987. This local law also provided
for the renumbering of former Subsection A(5)(b)[3], [4] and [5] as
[2], [3] and [4].
[3]
The Zoning Board of Appeals, on its own motion, may revoke any
conditional use permit for noncompliance with conditions set forth
above.
(6)
Farms and gardens.
(7)
Accessory buildings and uses which usually accompany and are a part
of a permitted use.
(8)
Garages for storage of autos ordinarily used by occupants of the
dwelling, not to exceed a two-auto capacity.
(9)
Bed-and-breakfast establishments.
[Added 9-10-1990 by L.L. No. 1-1990]
(a)
BED-AND-BREAKFAST ESTABLISHMENT
As used in this subsection, the following terms shall have the
meanings indicated:
A residential dwelling that makes available a room or rooms
for overnight accommodations to transient paying guests, with or without
inclusion of one daily morning meal per paying guest as part of the
accommodations provided.
(b)
Bed-and-breakfast establishments shall be permitted as a home occupation as per § 58-9A(5) in the O Residential Use District, subject to the issuance of a special conditional use permit by the Zoning Board of Appeals and to the following conditions and limitations listed below and any special conditions the Zoning Board of Appeals feels appropriate:
[1]
The applicant for a special permit shall submit to the Zoning
Board of Appeals such plans of the structure and layout of the residence
as the Zoning Board of Appeals deems necessary to assure that the
bed-and-breakfast usage complies with this section.
[2]
The applicant shall be the owner of the premises and a full-time
resident of the premises.
[3]
No more than nine guests per night shall be permitted in any
bed-and-breakfast establishment, and the Zoning Board of Appeals may
fix a lower maximum in the permit. No paying guest shall stay on any
one visit for more than 15 days.
[4]
The residence in which a bed-and-breakfast establishment is
operated shall have a minimum of three off-street parking spaces,
and no permit shall be issued if a variance for off-street parking
has been granted within five years of the date of the application
for the special permit.
[5]
The residence in which a bed-and-breakfast establishment is
operated shall not contain an accessory apartment.
[6]
The only meals to be furnished shall be one daily morning meal
per paying guest.
[7]
Any new owner of the residence in which a bed-and-breakfast
establishment is operated must apply to the Zoning Board of Appeals
for a special permit to continue a bed-and-breakfast use.
[8]
Any applicant, after receiving a special permit from the Zoning
Board of Appeals, shall obtain a certificate of occupancy from the
Building Inspector prior to operating a bed-and-breakfast, which shall
be valid for 12 months, at which time a new certificate of occupancy
will be required at a fee of $50.
[9]
No permit shall be granted for a bed-and-breakfast if a bed-and-breakfast
exists or a permit has been issued for a bed-and-breakfast within
500 feet from the property for which a new permit is requested.
(c)
Conditions for the issuance of a certificate of occupancy.
C.
Building height limit. No building or structure shall exceed 35 feet
in height.
D.
Lot width and lot area. No one-family dwelling shall be established
on a lot having a width less than 85 feet and an area of less than
10,000 square feet.
E.
Percentage of lot coverage. One-family dwellings and their accessory
structures shall not cover more than 30% of the lot area. Not more
than one dwelling shall be erected, placed or occupied on one lot.
F.
Yards. Yards of the following minimum depths and widths shall be
provided for all buildings, structures and uses:
(1)
There shall be a front yard of not less than 30 feet in depth; however,
the front setback in any event shall not be less than the average
front setback established by existing residences on the same street,
to be determined by an average of the setbacks within 200 feet of
said lot.
[Amended 8-7-1961]
(2)
There shall be a rear yard of not less than 30 feet in depth.
(3)
There shall be two side yards, both of which shall be not less than
10 feet in width.
[Amended 7-7-1969]
(4)
Where a lot has, at the time of the enactment of this chapter, a
width of less than 85 feet, the side yard requirements shall be modified
in proportion of the lot width to the required lot width, so that
one side yard shall have a width of not less than four feet and the
other side yard shall have a width of not less than 11 feet.
(5)
For corner lots, there shall be a yard of not less than 30 feet in
width along the side lot line adjacent to the side street and extending
from the front line of the lot to the rear line of the lot.
(6)
Where yards have been established to greater or lesser depths or
widths than required by this chapter within 200 feet of the premises
for which a building permit is filed, the Board of Appeals may vary
the yard depth and width requirements so as to be in harmony with
the character of the development of the neighborhood.
G.
Motor vehicles parking and storage.
[Amended 11-19-1973[3]]
(1)
When at the time of application for a building permit to erect a
dwelling it is determined that the size or location of the dwelling
on the lot is such that a garage could not be erected on the lot,
within the provisions of this chapter, a notation of this fact shall
be made on the building permit.
(2)
At no time shall there be parked or stored at a dwelling's driveway
or yard more than two pickup trucks, one ton or less, or two vans,
one ton or less, or one such pickup truck and one such van. No larger
commercial or commercially used vehicles are permitted at any time
in a dwelling's driveway, yard or garage.
[Added 4-18-1983 by L.L. No. 7-1983; amended 5-7-1984 by L.L. No.
1-1984]
(3)
No disabled or partly disabled vehicles are permitted at any time,
except when housed within a closed garage or structure.
[Amended 4-18-1983 by L.L. No. 7-1983; 9-3-1985 by L.L. No.
6-1985; 9-10-1990 by L.L. No. 1-1990]
H.
Small lots. Where undue hardship is imposed by these regulations,
applicable to the size, shape, frontage, area or topography of lots
having at the time of enactment of this chapter an area or width less
than required by this chapter, the Board of Appeals shall vary the
applications of these regulations to the extent necessary to permit
reasonable use of the premises so as to be consistent with the intent
and purpose of this chapter. Sixty-five-foot building lots and above
shall be permitted by the Zoning Board of Appeals upon application;
in those areas of the Village where smaller lots are found, another
smaller lot would be consistent with the surrounding neighborhood.
Such permission shall be subject to whatever conditions the Zoning
Board of Appeals may deem appropriate to keep the new house in harmony
with the character of the development of the neighborhood wherein
it is located.
[Amended 4-18-1983 by L.L. No. 7-1983]
I.
Area of dwelling: size of room.
[Amended 3-29-1965; 5-7-1984 by L.L. No. 1-1984]
(1)
Dwellings shall have minimum floor areas as follows: one-story ground
floor, 1,100 square feet; two- or three-story: ground floor, 700 square
feet; split level: 1,100 square feet aboveground; raised ranch: 800
square feet aboveground. The area of porches and auto garages shall
not be included.[4]
[4]
Editor's Note: Former Subsection I(2), pertaining to
living space, which immediately followed this subsection, as amended,
was repealed 4-17-1995 by L.L. No. 3-1995.
[Added 9-19-2016 by L.L.
No. 2-2016]
A.
Permit
required. No person shall install an electric vehicle charging station
within the Village without a permit issued from the Building Department.
Charging station permits shall become invalid unless the authorized
installation is completed within six months. Upon completion of an
installation, the permittee must contact the Building Inspector and
arrange an inspection of the charging station with a third party electrical
inspector to ensure compliance with all federal, state, and local
laws. The application for a permit shall be as determined by the Board
of Trustees.
B.
Requirements.
The following requirements shall apply to all electric vehicle charging
stations.
(1)
All
installations must comply with National Electrical Code, NFPA 70,
Article 625.
(2)
All
installations must comply with the New York State Existing Building
Code, New York State Fire Code, New York State Plumbing Code, New
York State Mechanical Code, New York State Fuel Gas Code, and the
New York State Energy Conservation Construction Code.
(3)
Any
person installing a charging station must, prior to installation,
notify the utility providing electric power to the property.
(4)
Each
electric vehicle charging station shall include vehicle impact protection
(bollards) or a similar structure.
(5)
Components
for electric vehicle charging stations may encroach up to 36 inches
into a required setback or buffer.
(6)
No
more than one charging station may be installed on any parcel except
for the Business District, where two charging stations may be installed
on each parcel.
(7)
Notwithstanding
any district regulation to the contrary, electric vehicle charging
shall be a permitted accessory use in all zoning districts.
[1]
Editor's Note: Former § 58-10, T Residential
Use Districts (T Districts), as amended, was repealed 5-7-1984 by
L.L. No. 1-1984.
[Amended 12-20-1971]
The following regulations shall apply in the B Business Use
District.
A.
Permitted uses.
(1)
Single-family dwelling unit subject to all applicable regulations as defined in § 58-9.
[Amended 5-7-1984 by L.L. No. 1-1984; 9-3-1985 by L.L. No.
6-1985; 4-17-1995 by L.L. No. 3-1995; 4-1-1996 by L.L. No.
1-1996]
(2)
Stores or shops for the conduct of retail or personal service businesses.
[Amended 11-4-1974 by L.L. No. 1-1974; 5-6-1996 by L.L. No.
2-1996]
(3)
Food processing when the products are for sale exclusively on the
premises.
(4)
Dance halls, theaters, bowling alleys, billiard rooms, clubs, lodges
and similar places of recreation and hotels, motels, auto courts and
similar places of lodging.
[Amended 11-4-1974 by L.L. No. 1-1974; 5-6-1996 by L.L. No.
2-1996]
(5)
Bus stations, communication centers, banks and offices.
[Amended 7-7-1969; 11-4-1974 by L.L. No. 1-1974]
(6)
Mortuaries, hand laundries, personal service laundries.
(7)
Commercial parking lots, small animal hospitals and animal clinics.
(8)
Any use similar in character to those enumerated for which the Board
of Appeals may, in appropriate cases and after public hearing, authorize
the issuance of a permit.
(9)
Accessory buildings and uses which usually accompany and are a part
of a permitted use.
(10)
A building may be used for a combination of residential and
commercial uses, subject to the following:
[Amended 4-17-1995 by L.L. No. 3-1995]
(a)
No more than two single-family dwellings.
(b)
Maximum square feet of unit: 800.
(c)
Maximum number of bedrooms: two.
(d)
At least 25% of the total building square footage shall be allocated
as commercial space. This space shall occupy the first floor from
the front of the building toward the rear.
[Amended 12-20-1999 by L.L. No. 7-1999]
(11)
The Zoning Board of Appeals, after public hearing and subject
to conditions essential to the safety, health and general welfare
of the people of the Village, may authorize the granting of a special
permit for the establishment of membership clubs, lodges, social and
recreational centers and for the erection, alteration and use of buildings,
such as a hospital, convalescent home, home for the aged, children's
nursery, facilities for the developmentally challenged and medical
centers for the care and treatment of humans, subject to the regulations
of such agencies and departments of the State of New York having jurisdiction
relative to the establishment and operation of such facilities and
uses. Such structures and uses shall also meet the requirements of
any applicable provision of the Multiple Residence Law and such rules
and regulations as may be established by the Village Board.
[Amended 6-12-1978 by L.L. No. 4-1978; 5-7-1984 by L.L. No.
1-1984; 5-6-1996 by L.L. No. 2-1996]
(12)
Bed-and-breakfast establishments.
[Added 5-1-1995 by L.L. No. 7-1995]
(a)
BED-AND-BREAKFAST ESTABLISHMENT
As used in this subsection, the following terms shall have the
meanings indicated:
A residential dwelling that makes available a room or rooms
for overnight accommodations to transient paying guests, with or without
inclusion of one daily morning meal per paying guest as part of the
accommodations provided.
(b)
Bed-and-breakfast establishments shall be permitted as a home occupation as per § 58-9A(5) in the O Residential Use District, subject to the issuance of a special conditional use permit by the Zoning Board of Appeals and to the following conditions and limitations listed below and any special conditions the Zoning Board of Appeals feels appropriate:
[1]
The applicant for a special permit shall submit to the Zoning
Board of Appeals such plans of the structure and layout of the residence
as the Zoning Board of Appeals deems necessary to assure that the
bed-and-breakfast usage complies with this section.
[2]
The applicant shall be the owner of the premises and a full-time
resident of the premises.
[3]
No more than nine guests per night shall be permitted in any
bed-and-breakfast establishment, and the Zoning Board of Appeals may
fix a lower maximum in the permit. No paying guest shall stay on any
one visit for more than 15 days.
[4]
The residence in which a bed-and-breakfast establishment is
operated shall have a minimum of three off-street parking spaces,
and no permit shall be issued if a variance for off-street parking
has been granted within five years of the date of the application
for the special permit.
[5]
The residence in which a bed-and-breakfast establishment is
operated shall not contain an accessory apartment.
[6]
The only meals to be furnished shall be one daily morning meal
per paying guest.
[7]
Any new owner of the residence in which a bed-and-breakfast
establishment is operated must apply to the Zoning Board of Appeals
for a special permit to continue a bed-and-breakfast use.
[8]
Any applicant, after receiving a special permit from the Zoning
Board of Appeals, shall obtain a certificate of occupancy from the
Building Inspector prior to operating a bed-and-breakfast, which shall
be valid for 12 months, at which time a new certificate of occupancy
will be required at a fee of $50.
(13)
Restaurant, as defined by the Alcoholic Beverage Control Law,
Article 1, § 3, Subdivision 27: "Restaurant shall mean a
place which is regularly and in a bona fide manner used and kept open
for the serving of meals to guests for compensation and which has
suitable kitchen facilities connected therewith, containing conveniences
for cooking an assortment of foods, which may be required for ordinary
meals, the kitchen of which must, at all times, be in charge of a
chef with the necessary help, and kept in a sanitary condition with
the proper amount of refrigeration for keeping of food on said premises
and must comply with all the regulations of the local department of
health. 'Meals' shall mean the usual assortment of foods
commonly ordered at various hours of the day; the service of such
food and victuals only as sandwiches or salads shall not be deemed
a compliance with this requirement. 'Guests' shall mean
persons who, during the hours when meals are regularly served therein,
come to a restaurant for the purpose of obtaining, and actually order
and obtain at such time, in good faith, a meal therein. Nothing in
this subdivision contained, however, shall be construed to require
that any food be sold or purchased with any beverage."
[Added 5-6-1996 by L.L. No. 2-1996]
(14)
Bars, taverns, saloons and any other establishment whose primary
purpose is the retail sale of alcohol for consumption on the premises.
[Added 5-6-1996 by L.L. No. 2-1996]
B.
Prohibited uses.
[Added 9-10-1990 by L.L. No. 1-1990[1]]
(1)
All uses permitted in I Industrial Use Districts unless specifically permitted in Subsection A of this section.
(2)
Mini warehouses, also known as "self-service storage facilities."
(3)
The first floor of any building located on Main Street between State
Street/Erie Street and the New York State Canal and on Market Street
between Main Street and the east boundary line of tax account number
069.045-002.018 shall not be used for residential purposes.
[Added 4-17-1995 by L.L. No. 3-1995]
(4)
Two-family dwellings and multiple dwellings.
[Added 4-17-1995 by L.L. No. 3-1995]
C.
Building height. No building or structure shall exceed 35 feet in
height.
[Amended 5-7-1984 by L.L. No. 1984; 9-10-1990 by L.L. No. 1-1990]
E.
Yards required. Buildings shall be set back at least 47 feet from
the center of Main Street and State Street or 40 feet from the center
line of any other street within a B District, at least 11 feet from
the rear line, and need have no side yard if the rear portion of the
building is accessible by alley, street or driveway for motor vehicle
delivery and pickup. If such access is not available, a side yard
or driveway of at least 11 feet in width should be furnished.
[Amended 9-10-1990 by L.L. No. 1-1990]
F.
Sidewalk cafes.
[Added 5-6-1996 by L.L. No. 2-1996]
(1)
SIDEWALK CAFE
Definition. As used in this subsection, the following terms shall
have the meanings indicated:
Those exterior facilities adjacent to and part of establishments
selling food and/or drink that require the use of some Village-owned
property for operation, are temporary in nature and are open to the
elements, except for original awnings. Sidewalk cafes, upon approval
of the Village Board of Trustees, may be located in the Central Business
District of the Village, which district consists of Main Street from
the Canal Bridge south to Holley Street.
(2)
Permit required; restrictions.
(a)
No sidewalk or outdoor cafe shall be allowed to operate in any
outdoor area unless a permit has been obtained from the Village Clerk
and permission has been granted by the Village Board of Trustees.
(b)
Any request for a permit to operate a sidewalk cafe shall be
made, in writing, to the Village Board of Trustees.
(3)
Application for permit. The written request/application may, at the
Village Board of Trustees' discretion, contain the following
information:
(a)
The name, address and telephone number of the applicant.
(b)
The name, address and telephone number of the restaurant/business
to be the subject of the application.
(c)
The days and hours for which the permit is requested.
(d)
The number and type of tables and chairs desired for this area
and a rendering of positions of tables relative to entrances, exits
and the sidewalk.
(e)
A description of the facilities and equipment to be used, including
whether live or mechanically reproduced music is to be played, and
other devices needed for amplification of sound, when applicable.
(f)
An indication of all fixtures, such as planters to be used,
and an indication of whether or not they will be removed when the
cafe is closed.
(g)
Proof of insurance as outlined in § 58-11F(4)(g).
(h)
Any other information that the Village Board of Trustees may
find reasonably necessary for the fair determination as to whether
a permit should be issued.
(4)
Conditions for issuance of permit.
(a)
The proposed sidewalk cafe will not unreasonably interfere with
the pedestrian traffic and will occupy and use no more than 50% of
the public concrete sidewalk, with the decorative brickwork being
excluded from this calculation.
(c)
The permit holder shall be bound by all applicable rules, regulations,
ordinances, local laws and statutes and shall have a current Monroe
County Health Department permit.
(d)
The permit shall be valid for one calendar year beginning in
January and ending in December, regardless of the date of application.
April 1 shall be the earliest date for placing tables and chairs on
the sidewalk.
(e)
A fee of $200 shall be paid upon application for a permit, with
$50 being a nonrefundable administrative charge and with the remaining
$150 being refunded upon denial of a permit or at the end of the calendar
year if there are no penalties or fines imposed for violation of regulations.
(f)
The applicant shall sign an agreement to repair, at the expense
of the applicant, any damage caused to the sidewalk in the operation
of the cafe.
(g)
A hold-harmless agreement executed by the applicant and indemnifying
the Village against loss, including costs and expenses, resulting
from injury to person or property as a direct or indirect result of
the operation of the cafe or for such injury occurring on the premises
occupied by the cafe, is required. The applicant shall be required
to obtain a protective policy of insurance in the amount of $500,000
covering said hold-harmless agreement. Said hold-harmless agreement
shall be subject to the approval of the Village Attorney.
(h)
Upon the request of the Village of Brockport, tables and chairs
are to be removed from the sidewalks at any time during the season
for special events or emergencies.
(5)
Cafe regulations. A cafe authorized and operated pursuant to this
article shall:
(a)
Comply with all plans submitted to and approved by the Village
Board of Trustees.
(b)
Serve or allow to be consumed no alcoholic beverages on or at
any sidewalk cafe.
(c)
Be used only by those patrons of the cafe who are eating a meal
or dessert or consuming a beverage normally connected with the cafe.
(d)
Not open for business before 6:00 a.m.
(e)
Cease all service of any kind whatsoever at 11:00 p.m., and
all furniture, utensils, containers or any other materials used in
the operation of the cafe shall be removed from the sidewalk cafe
area no later than 11:00 p.m.
(f)
Use only paper or plastic dishes when serving patrons of the
cafe.
(g)
Remove all cafe structures by October 31 in any year for which
a permit is granted.
(6)
Maintenance of premises and furniture.
(a)
The property shall be cleaned and kept refuse-free, and the
sidewalk shall be rinsed nightly. A covered trash receptacle with
the approximate capacity of 30 gallons shall be available for the
use of patrons and shall be removed from the sidewalk each night at
closing.
(b)
Furniture shall be of uniform style and color, coordinated to
complement the facades of the Downtown Business District. The furniture
shall also be clean and in good repair.
(c)
At the expiration of the term of the permit or at the time that
the business ceases to operate a sidewalk cafe, all Village-owned
property shall be delivered to the Village in good condition, damage
by elements excepted. Public property shall not be altered in any
way during the term of the permit.
(7)
Music, lighting and outdoor cooking.
(8)
Notice of violation, fines and revocation of permit.
(a)
When a violation of any provision(s) of the Sidewalk Cafe Ordinance
occurs, the appropriate Village representative, whether it be a police
officer or the Building Inspector, shall give written notice to the
applicant to correct said violation within 24 hours of receipt of
said notice by the applicant.
(b)
A fee of not less than $25 shall be levied for each violation
of this subsection.
(c)
Any person who violates or allows his patrons to violate this subsection or Chapter 55, Noise, two times in one year shall have his permit revoked for the remainder of the calendar year.
(d)
Issuance of a permit in subsequent years shall be partially
dependent upon the history of the applicant's adherence to Village
ordinances.
(9)
Appeal of denial, revocation or issuance of permit. All appeals of
denial, revocation or issuance of permit shall go before the Village
Board of Trustees.
[Added 1-16-1995 by L.L. No. 2-1995]
A.
Statement of intent. The purpose of the Limited Industrial Use District
is to establish a district for research- and development-oriented
uses, office buildings and other compatible light industrial, manufacturing
and assembly uses which are in architectural harmony with one another
in a campus-style setting which is attractively landscaped and fitting
to a Village environment.
B.
Permitted uses.
(1)
Scientific or engineering research and/or experimental development
or materials, methods or products.
(2)
Engineering design of products.
(3)
The manufacture, processing and assembly of previously refined materials
in the following industrial categories:
(a)
Communication equipment.
(b)
Data-processing equipment and software.
(c)
Electronic systems, components and accessories.
(d)
Professional, scientific and control instruments.
(e)
Office systems and equipment.
(f)
Photographic and imaging equipment and systems.
(g)
Optics.
(h)
Surgical, medical and dental instruments, appliances and products.
(i)
Textiles.
(j)
Plastics.
(k)
Paper.
(l)
Wood.
(m)
Metal products.
(n)
Machine shops.
(o)
Pharmaceuticals.
(p)
Precious stones.
(q)
Glass.
(r)
Ceramics.
(4)
Office buildings for executive, engineering and administrative purposes.
(5)
Any other uses similar in character to those listed above, subject
to Planning Board approval.
(6)
All uses permitted in any other districts are prohibited.
C.
Permitted accessory uses.
(1)
Prototype manufacturing incidental to research and development laboratories
and corporate headquarters and offices.
(2)
Warehousing and storage, provided that such uses shall not occupy
more than 15% of the total building floor area and shall be located
within the principal building of the permitted use.
(3)
Noncommercial recreational facilities.
(4)
Restaurants, provided that such uses are located entirely within
the building to which they are accessory.
(5)
Day-care centers, provided that such uses are located entirely within
the building to which they are accessory.
D.
Prohibited uses and activities.
(1)
Research and testing laboratories for biotechnology and genetic or
gene research.
(2)
Manufacture, storage, handling and use of radiological, chemical
or biological warfare agents or of explosives or blasting agents.
The use of explosives or blasting agents which may be necessary for
construction purposes may be permitted.
(3)
Uses which would create, in any manner, noxious or offensive noise,
dust, refuse matter, odor, smoke, gas, fumes, vibration or glare.
(4)
Uses which would create a menace to neighboring properties by reason
of fire, explosion or other physical hazards to any person, building
or vegetation.
(5)
Uses which would create harmful discharge of waste materials, including
both airborne and waterborne wastes and refuse.
E.
Other requirements.
(1)
If an existing use within a Limited Industrial Use District is proposed
to be changed to a separate, different and distinct use, an application
must be made for site plan approval to the Planning Board. As part
of the review of said application, the Planning Board, after a public
hearing, may require changes in the development of the site. These
changes may include but shall not be limited to off-street parking,
loading areas, landscaping and screening, lighting, signage and access
which would be necessary to accommodate the proposed new use.
(2)
All uses, including equipment for the handling of processes, shall
be conducted in a completely enclosed building. The actual loading
and unloading of materials shall not be restricted to indoor locations.
(3)
No materials, supplies or equipment shall be permitted to be permanently
stored outside any building. Company vehicles may be parked out of
doors overnight, provided that they are stored on the property to
which they are accessory and adequately screened from public view.
A signed permit is required from the Planning Board for the temporary
placement of construction trailers.
(4)
All waste, scrap, refuse, empty containers, dry bottles and cartons
shall be stored and handled in suitable containers inside an accessory
structure.
(5)
Any building or site that has been abandoned or left vacant shall
be maintained or the Village shall take any action to secure the building
and maintain landscaping at the owner's expense. This includes,
but is not limited to, mowing of lawn, trimming shrubs, etc.
F.
Area, lot and bulk requirements.
(1)
No buildings or parking areas are permitted within 100 feet of a
residential district.
(2)
No buildings are permitted within 80 feet of any public or private
street. No buildings are permitted within 40 feet of rear property
lines or within 25 feet of any side yard property line.
(3)
No parking areas are permitted within 25 feet of any property line
or private street.
(4)
The maximum aggregate coverage of any lot by impervious surfaces,
including but not limited to buildings, walks, drives, parking and
loading areas, etc., shall not exceed 60% of the total area of said
lot.
(5)
The maximum floor area ratio (FAR) on any lot shall be:
|
Building Size
(gross square feet)
|
Maximum Lot Coverage
(percent)
| |
|---|---|---|
|
25,000 or less
|
0.25
| |
|
25,001 to 75,000
|
0.30
| |
|
75,000 or more
|
0.35
|
(a)
Examples.
[1]
A single-story building with 25,000 square feet (250 feet x
100 feet) would require a lot with a minimum area of 100,000 square
feet, or 2.30 acres.
[2]
A single-story building with 40,000 square feet (200 feet x
200 feet) would require a lot with a minimum area of 133,333 square
feet, or 3.06 acres.
[3]
A single-story building with 60,000 square feet (250 feet x
240 feet) would require a lot with a minimum area of 200,000 square
feet, or 4.59 acres.
[4]
A two-story building with 80,000 square feet (200 feet x 400
feet) would require a lot with a minimum area of 228,571 square feet,
or 5.25 acres.
(6)
Lot width shall not be less than 150 feet.
(7)
Lot area shall not be less than one acre.
(8)
No building within a Limited Industrial Use District shall exceed
35 feet in height as measured from the average finished grade at the
perimeter of the building. Building appurtenances and/or service facilities
located on the roof shall be excluded from the thirty-five-foot height
limitation. The maximum height of any structure, including appurtenances,
shall be 50 feet.
(9)
Features on the roof, such as water tanks, cooling towers, mechanical
devices and accessory equipment and bulkheads, shall be enclosed within
walls of a material in harmony with that of the main walls of the
building of which they are a part. Such material and design shall
be subject to approval by the Planning Board.
(10)
Radio and television antennas, masts, aerials, horns, parabolic
reflectors or similar communication devices located on buildings shall
not extend more than six feet above the roof or ridge of such lines
of such buildings and shall not, as measured in plane view area, occupy
more than 10% of the square footage of the building.
(11)
The minimum parking ratio for each lot in a Limited Industrial
Use District shall be three parking spaces per 1,000 square feet of
gross building floor area. The Planning Board may reduce the actual
number of parking spaces to be provided based upon evidence supplied
which would support the specific parking needs of individual uses.
In granting such a reduction, the Planning Board shall reserve the
authority to require additional spaces to meet actual needs.
(12)
The maximum parking ratio for each lot in a Limited Industrial
Use District shall be four parking spaces per 1,000 square feet of
gross building floor area.
G.
Site plan review and approval. No building permit shall be issued
for the construction of any building or structure, nor shall any site
improvements, grading or alteration of the physical landform or change
in use be undertaken within the Limited Industrial Use District, until
a site plan has been approved by the Planning Board after a public
hearing.
H.
Site design and improvement standards for site plan review.
(1)
All private-street parking areas and driveways shall be curbed and
shall be paved with bituminous concrete pavement, concrete or unit
pavers.
(2)
Retaining or freestanding walls shall be finished with contemporary
material compatible with adjacent buildings. Retaining and freestanding
walls shall be landscaped as part of the overall site landscaping
plan.
(3)
Sidewalks shall be constructed of concrete or unit pavers such as
brick or stone and shall be a minimum of five feet in width.
(4)
Access and services drives shall not be less than 24 feet nor more
than 40 feet in width.
(5)
No lot shall have more than two access drives from any public or
private street.
(6)
All exterior service areas shall be located at the side or rear of
buildings. Under no circumstances shall such exterior service areas
be located between any building and a public or private street except
for access drives to individual lots.
(7)
All building service areas shall be sufficiently screened with plants
to conceal the service area activity from off-lot view.
(8)
Dumpsters shall be completely enclosed in an accessory building.
(9)
One business sign shall be permitted for each lot in the Limited
Industrial Use District. Business signs shall be limited to information
which identifies the address of the building and the name of the business.
(10)
The limitations on the number of signs shall not apply to parking
lot markers, directional signs, entrance and exit signs, and other
such signs which are erected on the premises, provided that such signs
shall not exceed two square feet in area on one side and do not contain
any advertising material. The number and location of such signs shall
be approved by the Planning Board as part of the site plan review
process.
(11)
Business signs shall not exceed 20 square feet.
(12)
Directory signs shall not exceed 32 square feet.
(13)
No sign or structure support for any sign shall be more than
six feet in height or within 20 feet of any public or private street
or within 15 feet of any lot line.
(14)
Signs may be internally or externally illuminated, provided
that no direct light is directed toward or visible from any street
or other lot.
(15)
A landscaping plan shall be submitted with each site development
plan. The landscaping plan shall be designed to achieve the following:
(a)
The existing tree cover should be retained to the maximum extent
feasible. Particular emphasis shall be given to retaining existing
trees which are located along the perimeter of a Limited Industrial
Use District. The maintenance of existing tree cover will serve to
conceal proposed buildings and assist in maintaining a human scale
in Limited Industrial Use Districts.
(b)
Proposed landscaping should consist of an appropriate mix and
use of vegetation which is indigenous to this area of New York. Nonindigenous
landscape materials should be limited to use for accent purposes only.
(c)
Plant materials shall serve to provide continuity between lots.
(d)
Where the lot lines of the subject lot coincide with that of
another lot in residential or business or commercial use or the subject
lot abuts or is traversed by a nonindustrial zoning district boundary,
there shall be planted or installed along the lot lines thereof berms,
trees, shrubs and/or fencing of such type and spacing as shall be
required by the Planning Board to adequately screen all operations
on the lot from the viewed adjoining properties. Generally, such screening
shall be a minimum of eight feet in height and, if composed of plants,
shall not be less than four feet in height but capable of reaching
eight feet in height at maturity.
(e)
New plantings should be selected and arranged to complement
existing site vegetation.
(16)
All developed lots which contain unbuilt areas shall be landscaped
with a combination of trees, shrubs, perennials and turf grass.
(17)
Landscaping along public or private streets in a Limited Industrial
Use District should have an organized formal planting scheme. A formal
planting scheme with trees lining the street in definite sequence
will define the edges of individual properties and the boundaries
of functional space. New trees shall be planted 50 feet on center
along designated streets. Plantings should be deciduous shade trees
approved by the Planning Board.
(18)
Plantings for the space between buildings and parking areas
and at building entrances should be selected and arranged with the
intent of creating human scale outdoor space which recognizes the
pedestrian activity in the Limited Industrial Use Districts and the
need to identify building entrances. Although the Planning Board shall
approve the use of all plantings proposed, a wide range of ground
cover, shrubs and trees are encouraged in Limited Industrial Use Districts
to create interest and a degree of landscape appropriate to the pedestrian
use.
(19)
All buildings with exposed foundations shall have foundation
plantings. The purpose of foundation plantings is to screen exposed
foundations and to provide a soft transition between the walls of
a building and the landscape.
(20)
All unpaved surfaces not planted with trees, shrubs or ground
cover shall be turf grass.
(21)
Lighting shall be placed in a logical manner and shall be appropriate
in style and intensity to provide illumination and security for each
lot. Lighting shall be provided in areas that would be dangerous if
unlit, such as ramps, intersections and abrupt changes in grade. A
lighting plan shall be developed in a manner that contains and directs
lighting into a Limited Industrial Use District and away from adjacent
areas.
I.
Area of Village affected. The following tax accounts, presently zoned
I Industrial Use District, shall be rezoned LI Limited Industrial
Use District, and this rezoning classification shall supersede any
other classification referenced anywhere in the Village of Brockport
Code: 1011-000; 1017-000; 1018-000; 1019-000; 1020-000.
[1]
Editor's Note: Former § 58-12, P Business Use
Districts (P Districts), was repealed 12-20-1971.
The following regulations shall apply in the I Industrial Use
Districts.
A.
Uses permitted.
(1)
Production of farm and garden crops.
(2)
Manufacturing and processing.
(3)
Public utility structures and services.
(4)
Terminal facilities for transportation services.
(5)
Motor vehicle sales, service, storage, repair and parking.
(6)
Animal sales lots and storage barns.
(7)
Wholesale trades and businesses.
(8)
Commercial greenhouses.
(9)
Processing of food products.
(10)
Laundries, dry-cleaning and dyeing establishments.
(11)
Storage and sale of motor vehicle and domestic fuels, both wholesale and retail, subject to securing a permit under the procedure defined under Subsection A(15) of this section.
[Amended 7-7-1969]
(12)
Storage and sale of building and construction supplies.
(13)
Stores and shops for the conduct of retail or personal service
business, dance halls, theaters, bowling alleys, billiard rooms, clubs,
lodges and similar places of recreation, hotels, motels, auto courts,
restaurants and similar places of lodging and entertainment that do
sell alcoholic beverages for on-the-premises consumption.
[Added 11-4-1974 by L.L. No. 1-1974[1]]
[1]
Editor's Note: This local law also provided for the renumbering
of former Subsection A(13) and (14) to (14) and (15), respectively.
(14)
Accessory buildings and accessory uses which usually accompany
and are a part of the above permitted uses.
(15)
Any other industrial use when authorized by the Board of Appeals,
and subject to securing a permit therefor and to such conditions,
restrictions and safeguards as may be deemed necessary by said Board
of Appeals, after a public hearing, for the purpose of protecting
the health, safety, morals or general welfare of the community, except
that such authorization by the Board of Appeals shall not be required
for the expansion or extension of present industrial uses in accordance
with I District requirements.
(16)
Mini warehouses, also known as "self-service storage facilities."
[Added 9-10-1990 by L.L. No. 1-1990]
B.
Uses prohibited.
(1)
All uses permitted in all other districts are prohibited in the I
District unless expressly permitted in the Industrial Use District.
When unnecessary hardship is imposed by this regulation prohibiting
residence and business uses, the Board of Appeals shall, after public
hearing, vary the application of this section so as to permit the
use of such lands, structures and uses for residential or business
purposes in accordance with the provisions specified for such uses
in the Residential Use District or in the Business Use District.
(3)
All uses of land, buildings and structures or industrial processes
that may be noxious or injurious by the reason of the production or
emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration
or similar substances or conditions; provided, however, that any uses
may be permitted if approved by the Board of Appeals, and subject
to the securing of a permit therefor and to such conditions, restrictions
and safeguards as may be deemed necessary by said Board, after a public
hearing, for the purpose of protecting the health, safety, morals
or the general welfare of the community.
C.
Building height. No building or structure shall be erected in excess
of three stories or 45 feet in height, except that this provision
shall not apply to chimneys, water tanks or towers, elevators, silos,
ventilators and other accessory industrial facilities.
D.
Required lot area and dimensions: none.
F.
Off-street parking.
(1)
There shall be provided off-street parking space of at least one
parking space for each 400 square feet of gross floor area or for
each two workers, as shall be determined by the Board of Appeals.
(2)
There shall be provided sufficient additional area for the unloading,
loading and storage of motor vehicles used in the conduct of the industrial
activities. For uses other than an industrial use granted as a variance
by the Board of Appeals, there shall be provided sufficient space
for off-street parking or storage of motor vehicles which shall congregate
as a result of the use of such land, buildings or structures.
G.
Yards. Buildings must be set back from lot lines a minimum distance
equal to the principal height of the structure.
H.
The following tax accounts, presently zoned I Industrial Use District,
shall be rezoned LI Limited Industrial Use District, and this rezoning
classification shall supersede any other classification referenced
anywhere in the Village of Brockport Code: 1011-000; 1017-000; 1018-000;
1019-000; 1020-000.
[Added 1-16-1995 by L.L. No. 2-1995]
[Added 1-3-1971; amended 4-3-2000 by L.L. No. 1-2000]
The following regulations shall apply to the undeveloped portion
of the Q District as it existed at the time of the adoption of this
amendment.
A.
Permitted uses.
(1)
All uses permitted in the B Business District as they are regulated
by that district, except for the following:
(a)
Setbacks shall be regulated by the Planning Board.
(2)
All uses permitted in the O Residential as they are regulated
by that district.
(3)
Multiple dwellings, provided that:
(a)
There are no more than four dwelling units per building.
(b)
They are no more than two stories in height, including basement
level, if basement level is used for living space.
(c)
Apartments shall be limited to no more than three bedrooms.
(d)
Minimum lot size shall be 20,000 square feet.
(e)
Percentage of lot coverage shall be 30% for structures and 50%
for structures and parking areas.
(f)
Multiple dwellings shall not total more than 35% of the total
number of dwellings, single-family and multiple-family dwellings in
the Q District.
B.
The Planning Board shall have the right to regulate any other areas
not covered by this chapter.
A.
The surface grade of the front yard of the principal building in
a residential use district or in a multiple-dwelling use district
shall be at the front wall of such principal building on a gradient
of not less than 1 1/2% above the established grade of the sidewalk
or curb.
B.
Where unnecessary hardship due to topographic conditions is proven,
the Board of Appeals shall vary the front yard gradient requirements,
except that minus gradients shall not be established closer than 12
feet to the front building line. Where the principal building is established
on a terrace, the lot shall be graded so that surface water will not
be discharged on adjacent lots.
[Amended 8-7-1961]
No fence, hedge or other obstruction to a clear view shall be
maintained to a height greater than 30 inches measured from the sidewalk
grade in the triangular-shaped area of a corner lot adjacent to the
intersecting streets. The dimensions of said triangular-shaped area
shall be determined by establishing a point on the side lot line so
that each such point shall be an equal distance from the corner of
the intersection of the street lines, and they shall be connected
by a straight line which touches the corner or face of a structure
if there be a structure, except that the two points as established
on the front and side lot lines need not be more than 60 feet from
the corner intersection.
No person shall strip, excavate or otherwise remove topsoil,
muck, marl or humus for sale or for use other than on the premises,
except as a necessary part of a farm or garden operation or for the
construction or alteration of a building or structure on the premises,
and for which a building permit has been issued.
[Added 5-1-1995 by L.L. No. 6-1995]
A.
No persons shall fill low-lying areas of any land in the Village
of Brockport without applying for and receiving a permit for such
filling.
B.
Permits shall be issued by the Planning Board after the applicant
has submitted sufficient documentation demonstrating that as a result
of such filling all of the items listed have been addressed to the
satisfaction of the Board and any other agency or department employed
by the Village.
C.
This list includes, but is not limited to, the following:
D.
The Planning Board reserves the right to require a public hearing
prior to making a decision on the application.
Open excavations shall not be maintained, except those excavations
made for the erection of a building or structure or swimming pool
for which a building permit has been issued.
[Amended 2-7-1966; 5-7-1984 by L.L. No. 1-1984; 6-12-1989 by L.L. No. 1-1989]
A.
General requirements. Outdoor swimming pools shall be provided with
an enclosure which shall comply with the following:
(1)
The enclosure shall be at least four feet in height and have a maximum
vertical clearance to grade of two inches.
(2)
Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed 3 1/2 inches.
(3)
Where a chain-link fence is provided, the openings between links
shall not exceed 2 3/8 inches.
(4)
The enclosure shall be constructed so as not to provide footholds.
(5)
Pickets and chain-link twists shall extend above the upper horizontal
bar.
(6)
Such enclosures shall have railings and posts within the enclosure,
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between the posts and at the top of posts, respectively.
(7)
The enclosure, fence material or fabric shall be capable of withstanding
a concentrated lateral load of 50 pounds applied anywhere between
supports on an area 12 inches square without failure or permanent
deformation.
(8)
Gates, provided in the enclosure, shall be self-closing and self-latching
with the latch handle located within the enclosure and at least 40
inches above grade.
(9)
A wall of a dwelling is permitted to serve as part of the enclosure
under the following conditions:
(10)
Setbacks. Pools located in the side yard shall meet the same
front and side yard requirements as established for its principal
building. Pools entirely in the rear yard shall be placed not less
than three feet from the side or rear lot line.
B.
C.
Swimming pools, as defined herein, shall require building permits.
D.
Any and all electrical work to be done in connection with the installation
and construction of any pool shall be inspected by an electrical inspection
agency approved by the Village of Brockport and a copy of compliance
filed with the Building Department of the Village. Approved electrical
agencies are:
In any district the establishment, maintenance or operation
for compensation of small animal hospitals, clinics, boarding stables,
dog kennels or similar facilities for the housing, boarding, service,
treatment, care, breeding or sale of animals or fowl, and the keeping,
feeding, breeding and production of rabbits or poultry for sale either
alive or dressed or for the sale of eggs, is prohibited. This prohibition
shall not include the housing, care, service, breeding and sale of
animals or fowl, or animal or fowl products, which are a part of a
farm operation, nor shall it include the establishment and operation
of small animal hospitals and clinics in the B Business Use Districts,
as provided in this chapter.
A.
The following shall apply to all nonconforming uses:
[Amended 7-1-1996 by L.L. No. 3-1996]
(1)
Any nonconforming use existing at the time of the enactment of this
chapter may be continued, and upon application to and approval by
the Zoning Board of Appeals, the Zoning Board of Appeals may direct
the Building Inspector to issue a certificate of occupancy extending
said nonconforming use within the premises as prescribed by the Zoning
Board of Appeals to conform as nearly as practical to the requirements
for the district in which the building, structure or use is situated.
(2)
A nonconforming use, if changed to a permitted use for the district
in which it is located, shall not thereafter be changed to a nonconforming
use, nor shall one nonconforming use be substituted for another simply
because it is generically similar to an existing nonconforming use.
(3)
A nonconforming structure, when removed from any premises, shall
not be relocated on the premises except in conformity with the provisions
of this chapter applicable to the district in which it is located.
(4)
Restoration and repairs. Nothing in this chapter shall prevent the
restoration or repair of a building destroyed or partly destroyed
by fire, explosion, act of God or act of public enemy subsequent to
the enactment of this chapter, nor shall this chapter prevent the
continuance of such use as existed at the time of the destruction
or partial destruction of such building, provided that restoration
is commenced within six months after the date of destruction and is
completed within nine months of the date of destruction. Any major
restoration to the facade of any nonconforming use shall be approved
by the Historic Preservation Board.
(5)
Whenever a nonconforming use has been discontinued for a period of
nine months, such nonconforming use shall not thereafter be reestablished,
and future use shall be in conformity with the provisions of this
chapter.
[Added 3-29-1965]
For the sake of convenience of reference, the summary of principal
requirements has been attached.[1]
[1]
Editor's Note: The original Zoning Code with all attachments
is on file in the Village records.
[Added 3-29-1965; amended 11-19-1973, effective 1-1-1974]
A.
In order to better provide for the health, safety and welfare of
the inhabitants of the Village, it is the intention of this section
of the section that all structures and land uses in present existence
or those to be altered or erected be provided with sufficient off-street
automobile parking for those persons making use of such structures.
It is the further intention of this section of the chapter to ensure
particularly that fire-protection, firefighting and other emergency
services be able to operate and provide for the benefit of the inhabitants
of this Village unhindered by undesignated and unlimited parking areas
on the premises subject to this chapter.
(1)
No permit for the erection or substantial alteration of a structure
or for the development of a land use shall be issued unless off-street
automobile parking shall have been planned in accordance with this
section.
(2)
Required parking facilities for the enlargement or extension of an
existing structure or use shall be provided as a condition for the
issuance of any building permit for such enlargement or extension
in the future. In the case of practical difficulty or unnecessary
hardship to such properties arising out of this requirement, appeal
may be made to the Zoning Board of Appeals, which shall require that
degree of compliance as it may deem reasonable for that part of the
structure or use that is legally nonconforming, but shall not waive
any part of the requirement for that part of the structure or use
that constitutes an enlargement or extension thereof. However, in
no event shall consideration be given nor a decision be determined
on whether to issue a building permit, certificate of occupancy or
the granting of a variance by the Zoning Board of Appeals by the fact
that maximum economic benefit from the premises may not be derived
because of the requirements of this section.
[Amended 7-20-1987 by L.L. No. 5-1987]
(3)
This section is applicable to the present O Residential Use District,
those structures in the B Business Use Districts whereby this section
may be reasonably applied to such a structure located in said district,
and to all other use districts presently existing or future use districts
augmenting or replacing those districts presently in existence whereby
this section can be reasonably applied.
[Amended 5-7-1984 by L.L. No. 1-1984]
B.
Schedule of requirements. Off-street parking facilities shall be
provided as follows:
[Amended 5-7-1984 by L.L. No. 1-1984; 9-4-1984 by L.L. No.
3-1984; 9-10-1990 by L.L. No. 1-1990; 9-8-1998 by L.L. No.
8-1998; 5-1-2000 by L.L. No. 2-2000]
(1)
Preexisting parking.
(a)
Legal preexisting uses shall be deemed to comply with the parking
regulations of this section. However, if any legal preexisting use
is replaced by another use or if any said legal preexisting use is
expanded, the new or expanded use shall comply with the parking regulations
of this section.
(b)
All other preexisting uses shall comply with the parking regulations
of this section.
(c)
For preexisting uses, parking requirements computed from the
regulations established in this section may be reduced by the number
of parking spaces that must be eliminated in order to comply with
the legally established requirements for handicap access or enclosure
of outdoor refuse containers.
(2)
General requirements applicable to all districts.
(a)
Parking space location. All parking spaces shall be located
on the same lot as the use for which they are provided.
(b)
Parking space size. The minimum size for each parking space
shall be 10 feet wide by 20 feet deep.
(c)
If the use of the building lot is replaced by a use for which
more parking is required by this section, said new use shall comply
with the new parking requirement.
(d)
If the parking requirement for a use is greater than the general
parking requirements established for the district in which said use
is located, the parking requirement which is specified by this section
for said use shall apply.
(e)
The Planning Board shall determine the parking requirements
for a use which is not specified herein. The applicant shall provide
any information deemed necessary by the Planning Board to determine
the number of required parking spaces.
(f)
Parking space requirements computed from the regulations established
in this section shall be rounded to the nearest whole number to establish
the actual number of parking spaces required.
(g)
Unless otherwise stated, references to parking required for
employees shall be based upon the greatest number of employees on
the premises at any one time.
(h)
A public highway shall not be used for maneuvering directly
into or out of any parking space provided in accordance with this
section.
(i)
For residential use, such off-street parking shall not occupy
any part of any required front yard except that portion of the front
yard which may be construed as the logical extension of the side yard,
being in particular that area running perpendicular from the extreme
or side of a structure on the premises or garage thereon to a street
or alleyway. No more than 50% of any side yard, or 25% of any rear
yard other than the required driveway, shall be permitted for a parking
area. Such off-street parking space may be included as part of a required
open space for side or rear yards.
(j)
On corner or through lots, parking space may not be included
as part of the required yards lying adjacent to either street.
(k)
All parking spaces and access driveways, when used in compliance
with this section, shall be paved or otherwise surfaced with an all-weather,
dustproof material, to be graded and drained as to dispose of surface
water conditions.
(l)
In the case of multiple dwellings, two-family dwellings or boardinghouses,
all such parking shall not be less than five feet from any of the
aforementioned dwelling places so that a constant access area is present
for emergency response vehicles and/or equipment.
(m)
In any district, for every building built, altered, enlarged
or increased in capacity, off-street parking shall be provided as
follows:
[1]
One parking space per bedroom for lodgers, roomers and/or student
accommodations.
[2]
Two parking spaces per unit for a family.
[3]
Buildings located on Main Street between the New York State Canal and State Street and Erie Street and on Market Street between Main Street and Water Street shall provide parking as mandated by the Village Planning Board and are exempt from the foregoing provisions of Subsection B(2)(m)[1] and [2]; however, where an area is available, such area shall be devoted to parking.
(3)
Minimum requirements.
(a)
Day-care centers and adult day-care centers shall provide one
space for each six persons, based on maximum occupancy, plus one space
for each employee.
(b)
Adult care facilities, nursing homes and health-related facilities
shall provide one space for each six beds, plus one space for each
employee.
(c)
Hospitals shall provide three spaces for each bed.
(d)
Churches or other places of worship shall provide one space
for each three seats (equivalent to six feet of bench or pew length)
in the place of assembly that has the highest permitted occupancy.
(e)
Charitable or civic organizations shall provide one space for
each three persons permitted at maximum occupancy.
(f)
Office uses.
[1]
Offices of health-care professionals licensed by the State of
New York, including but not limited to those of veterinarians, physicians,
dentists or other health-care professionals, shall provide five spaces
for each 1,000 square feet of gross floor area.
[2]
All pharmacies, laboratories, radiology and physical therapy
spaces located within the hospital shall provide five spaces for each
1,000 square feet of gross floor area.
(g)
Industrial uses shall provide one space for each employee.
C.
Penalties for offenses. Enforcement of this section shall be accomplished
as follows:
(1)
The owner of the property where a violation of this section occurs
or who fails to provide parking facilities as per the requirements
of this section shall be subject to a penalty in the sum of $50, and
in addition, such violators shall pay all costs and expenses incurred
by the Village in determining such violation, and when such violation
is continuous each day thereof shall constitute a separate and distinct
violation.
(2)
The owner of any motor vehicle that is parked in disregard of the
provisions of this section and in any other way fails to comply with
this section shall be subject to a fine of $10, and in addition, such
motor vehicle owner shall pay all costs and expenses incurred by the
Village in determining such violation, and when such violation is
continuous each day thereof shall constitute a separate and distinct
violation.
(3)
Penalties for such violations shall be collected, and violations
of this section shall be prosecuted in the manner prescribed by the
Village Law of the State of New York.
[Added 9-10-1990 by L.L. No. 2-1990]
A.
Recognizing that the Village of Brockport's rich and varied
history and vibrant present are evident in its commercial and residential
buildings and surroundings and recognizing that the preservation,
protection, enhancement and continued use of these structures and
sites serves the best interest of all the people, this section is
intended to:
(1)
Preserve, protect and promote the use of historic landmarks which
reflect the Village's cultural, social, economic, political and
architectural history.
(2)
Safeguard the property rights of owners.
(3)
Stabilize and improve property values.
(4)
Foster civic pride.
(5)
Strengthen the economy.
(6)
Protect and enhance the appeal of the Village for residents, tourists
and visitors and for use in educational purposes.
(7)
Encourage the harmonious, orderly and efficient growth and development
of the Village.
B.
Historic Preservation Board. The Village Historic Preservation Board
will identify historic landmarks and districts and will issue certificates
of appropriateness. The Board shall be seven to nine members, all
Village residents, including, to the extent available in the community,
but not limited to as follows: one architect, two members of the
Historical Society, one real estate broker, one member from the community
at large, one attorney, one historian, one historic archaeologist
and one prehistoric archaeologist. All members shall have a known
interest in historic preservation and shall serve for terms of three
years, provided that two of the initial members be appointed for terms
of one year, two for a term of two years, and three for terms of three
years, and that subsequent members shall be appointed for terms of
three years.
[Amended 12-18-1995 by L.L. No. 9-1995; 9-19-2016 by L.L. No. 1-2016]
C.
Designation of landmarks and historic districts.
(1)
For the purpose of effecting and furthering the goals and purpose
of this section and the preservation, protection, perpetuation and
use of landmarks and historic areas, the Historic Preservation Board
shall select:
[Amended 12-18-1995 by L.L. No. 9-1995]
(a)
Landmarks for designation which shall be identified by a description
setting forth the general nature, characteristics and location thereof.
(b)
Historic districts for designation which shall be identified
by a description setting forth the general nature, characteristics,
location and boundaries thereof.
(2)
In identifying any area, place, building, structure or similar object
as a landmark, the Historic Preservation Board shall apply one or
more of the following criteria:
[Amended 12-18-1995 by L.L. No. 9-1995]
(a)
It possesses special character, historic or aesthetic interest
or value as part of the cultural, political, economic or social history
of the Village.
(b)
It is identified with an historic personage.
(c)
It embodies the distinguishing characteristics of an architectural
style.
(d)
It exemplifies the cultural, economic, social or historic heritage
of the Village.
(e)
It is the work of a significant designer, architect or builder.
(f)
It is an established and familiar visual feature of the neighborhood.
(3)
Identification.
(a)
In identifying a group of properties as an historic district,
the Historic Preservation Board shall apply the following criteria:
[1]
Geographically, within a clearly identifiable area, are a number
of structures which give it distinct historic or aesthetic character.
[2]
Although not within a clearly defined geographic area, the structures
constitute a thematic group by virtue of their distinguishing common
characteristics of use or historic or aesthetic value.
(b)
The boundaries of the historic district so designated shall
be specified in detail and shall be filed in the Village Clerk's
office for public inspection.
(4)
The procedure for application for landmark designation is as follows:
(a)
Application.
[1]
The application may be obtained at the Village Office.
[2]
A completed application shall be submitted to the Village Clerk
to be forwarded to the Historic Preservation Board.
[3]
The applicant shall be notified of the Historic Preservation
Board's decision as to whether the property should be designated.
[Amended 12-18-1995 by L.L. No. 9-1995]
(b)
A public hearing shall be held by the Historic Preservation
Board. The Historic Preservation Board and other interested parties
may present testimony or documentary evidence at the hearing which
will become part of the record regarding the proposed landmark or
historic district.
[Amended 12-18-1995 by L.L. No. 9-1995[2]]
[2]
Editor's Note: Former Subsection C(4)(c), which immediately
followed this subsection and dealt with testimony presented at a public
hearing, was repealed 12-18-1995 by L.L. No. 9-1995.
(5)
The Village Clerk shall forward notice of each property designated
as a landmark and the boundaries of each designated district to the
office of the Monroe County Clerk. The Village Clerk shall also send
the owner of said property or properties a copy of the ordinance and
a copy of said notice.
[Amended 12-18-1995 by L.L. No. 9-1995]
(6)
Appeal. Any person aggrieved by reason of hardship by the decision
of the Historic Preservation Board to designate a landmark or by disapproval
of an application for designation as a landmark may, within 30 days
of receiving such an application or disapproval notice, file a written
application with the Village Board for review of said decision. The
Village Board shall, after public notice, hold a public hearing to
which the Historic Preservation Board, the owners of the property
in question and other interested parties shall be invited. Within
30 days after the conclusion of that hearing, the Village Board shall
either confirm or disallow the decision of the Historic Preservation
Board.
[Amended 12-18-1995 by L.L. No. 9-1995]
D.
Certificate of appropriateness. Regulation of any alteration, construction,
reconstruction or demolition.
(1)
No person shall alter, construct, remove, reconstruct, demolish or
otherwise significantly change the exterior of any property designated
a landmark or within the historic district without first obtaining
a certificate of appropriateness from the Historic Preservation Board.
Exterior improvements which need the approval of the Board include:
(a)
Erection of a new building.
(b)
Demolition of a building, porch, garage or any part thereof.
(c)
Additions, alterations or enclosures of porches.
(d)
Replacement of windows or doors with different size, type or
design.
(e)
Erection of a new fire escape, fence or new sign or replacement
sign.
(f)
Sandblasting or other chemical treatment of brick or stone.
(g)
Any other exterior changes requiring a building permit.
(h)
Any major change in landscaping and changes in the amount of
paving in parking areas and their screening.
(2)
The following procedures shall apply in regard to such a change in
any such property:
(a)
Any application to the Village of Brockport for a building permit
for a change as described above shall also be deemed an application
for a certificate of appropriateness and shall be forwarded to the
Historic Preservation Board with copies of all detailed plans, elevations,
specifications and documents relating thereto. An application may
also be filed with the Historic Preservation Board in lieu of filing
for a building permit if no permit is required by the Village for
the change. The Historic Preservation Board shall act on such applications
within 15 working days. No building permit shall be issued for the
work until a certificate of appropriateness has been issued by the
Historic Preservation Board.
(b)
Any request for change which would require a variance shall
be handled as specified in this chapter.
(c)
Issuance.
[1]
If the Historic Preservation Board finds that the change proposed
by the applicant will not adversely affect any significant historic
or aesthetic feature of the property and is appropriate and consistent
with the spirit and purposes of this section or will remedy any conditions
imminently dangerous to life, health or property, as determined by
the Building Inspector or the Fire Department, then the Historic Preservation
Board shall issue a certificate of appropriateness.
[2]
No building permit shall be issued until a certificate of appropriateness
has been issued by the Historic Preservation Board.
[3]
This certificate shall be in addition to, not in lieu of, any
building permit or variances required by the Village.
(d)
If the Historic Preservation Board finds that the change proposed
by the applicant will adversely affect any significant historical
or aesthetic feature of the property or is inappropriate or is inconsistent
with the spirit and purpose of this section, the Historic Preservation
Board shall disapprove the application and so advise the applicant,
in writing, and a copy shall be filed with the Village Clerk's
office within 30 days after receiving the application.
(e)
Appeals. Any person aggrieved by the decision of the Historic
Preservation Board by reason of hardship or by disapproval of an application
for a certificate of appropriateness may, within 30 days of the decision,
file a written application with the Village Zoning Board for review
of the decision.
E.
Maintenance and repair. Nothing in this section shall be construed
to prevent the ordinary maintenance and repair of any exterior feature
of a landmark property or property within an historic district which
does not involve a change in design, material or outward appearance
thereof nor prevent any change that the Building Inspector shall certify
is required by public safety.
[1]
Editor's Note: Former § 58-23, Fences and hedges,
added 3-29-1965, was repealed 5-7-1984 by L.L. No. 1-1984.
