A.
For the purpose of promoting the public health, safety,
morals and general welfare of the community, the Village of Middleport
is hereby divided into the following types of districts:
(1)
R-1 District: One- and Two-Family Residential Districts.
(2)
R-2 District: More than Two-Family Residential Districts.
(3)
B-1 Districts: Business Districts.
(4)
F-1 Districts: Factory or Industrial Districts.
(5)
I-1 Districts: I-2, Light Industrial Districts.
[Added 4-15-2002 by L.L. No. 4-2002]
B.
Said districts are defined as shown on a map entitled
"Zoning Map of the Village of Middleport 2001" prepared by Wendel-Duchscherer
and certified by the Village Clerk of the Village of Middleport, which
map accompanies and, with all explanatory matter thereon, is hereby
made a part of this chapter.
[Added 4-15-2002 by L.L. No. 5-2002]
C.
Where uncertainty exists with respect to the boundaries
of any of the aforesaid districts as shown on the Zoning Map, and
if no distance is given on said map, such dimension shall be determined
by the use of the scale shown on said Zoning Map.
After the date when this chapter becomes effective,
no building or premise, or any part thereof, shall be used or maintained
for any purposes other than the uses permitted therefor by this chapter,
no building or part of a building shall be erected, enlarged, altered
or maintained except in conformity with the provisions of this chapter
and no building or part of a building shall be used or maintained
if erected, enlarged or altered other than in conformity with the
provisions of this chapter.
The following regulations shall apply to all
R-1 Districts:
A.
Uses permitted.
(1)
One- and two-family dwellings.
(2)
Churches or similar places of worship, parish houses
and convents.
(3)
Public parks, public playgrounds and recreational
areas operated by membership organizations for the benefit of their
members and not for gain.
(4)
Schools and institutions of higher education and libraries
and municipal buildings.
(5)
Customary agricultural operations; provided, however,
that no storage of manure or odor- or dust-producing substance or
use shall be permitted within 100 feet of any property line.
(6)
Customary home occupations, provided that there shall
be no external evidence of such occupations except a small announcement
or professional sign not over two square feet in area.
(7)
Other customary accessory uses and buildings, provided
that such uses are incidental to the principal use and do not include
any activity commonly conducted as a business. Any accessory building
shall be located on the same lot with the principal building and shall
not be used for residence purposes.
B.
Building height limit. No building shall be erected
to a height in excess of 35 feet.
C.
Width and area of lot. The minimum width of a lot
shall be 75 feet and the minimum area 7,500 square feet, the depth
of the lot for making such computation to begin at the street line
adjacent to the lot.
D.
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 30% of the area of
the lot.
E.
Yards required. Each lot shall have front, side and
rear yards not less than the depth or width following:
F.
No motor vehicle shall be parked, stopped or left
standing between the curb or paved edge of any street, road or highway,
and the front facade, as extended to the side boundaries, of the main
dwelling located on any lot or parcel of land located in a residential
district. This provision shall not apply to vehicles parked in driveways
leading to garages or areas on the side or rear of the dwelling for
parking of vehicles. Whenever this subsection shall cause undue hardship
because of the lack of parking room in existing dwellings, the owner
or occupant thereof may apply for a permit from the Zoning Enforcement
Officer, on forms provided by him, for parking in designated areas.
Such permit shall be granted only where existing property lines and
building locations prevent parking in accordance with the terms of
this subsection.
[Amended 6-16-1986 by L.L. No. 3-1986[1]]
[1]
Editor's Note: This local law also repealed
former Subsection G, regarding regulation of R-1 Districts, which
immediately followed this subsection.
G.
Where existing construction has established a different
setback on any street, not less than the average setback of buildings
already in existence shall be used.
The following regulations shall apply to all
R-2 Districts:
A.
Uses permitted.
(1)
All uses permitted in R-1 Districts.
(2)
Multiple residences for nontransients, subject to
the regulations and provisions of the New York State Multiple Residence
Law. One- and two-family dwellings in existence at the time of the
enactment of this chapter may be altered or enlarged for multiple
dwelling use, except that existing conforming yards shall not be reduced
to a width or depth less than required by this section and nonconforming
yards shall not be reduced to a width or depth less than required
by this section, and nonconforming yards shall not be further reduced
in width or depth; and, provided, further, that there shall be not
less than 1,500 square feet of lot area for each family occupying
such dwelling.
B.
Building height limit shall be three stories, but
not exceeding 40 feet.
C.
Required lot area. No dwelling shall be established
on a lot having an area or width less than specified for one-family
residences in the R-1 Residential Districts.
D.
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 40% of the area of
the lot.
F.
Automobile storage or parking space. In connection
with every multiple-family dwelling there shall be provided automobile
storage or parking space equal to not less than 300 square feet for
each family unit in such dwelling; provided, however, that no front
yard shall be used for the open-air parking or storage of any motor
vehicle.
The following regulations shall apply to all
B-1 Districts:
A.
Uses permitted.
(1)
All uses permitted in any residential district subject
to all the provisions specified for such residential districts.
(2)
Stores and shops for the conducting of any retail
business.
(3)
Personal service shops, including hand laundries.
(4)
Banks, offices and studios.
(5)
Shops for custom work and shops for making articles
or products to be sold at retail on the premises.
(6)
Restaurants, cafes, tea rooms and similar establishments.
(7)
Theaters, assembly halls, billiard or pool parlors,
bowling alleys and any public recreation use.
(8)
Lodging house, motels, hotels and tourist homes.
(9)
Motor vehicle sales and service.
(10)
Garage or filling stations.
(11)
Undertaking establishments.
(12)
Bus passenger stations, telegraph offices, express
offices, electric substations and printing plants.
(13)
Wholesale businesses. Storage in bulk of, or
warehouse for, such material as building material, contractor's equipment,
clothing, cotton, drugs, dry goods, feed, food, furniture, hardware,
ice, machinery, metals, oil and petroleum in quantities less than
tank car lots, paint and paint supplies, pipe, rubber, shop supplies,
tobacco or wood.
(14)
Accessory buildings and accessory uses.
B.
Building height limit. No building shall be erected
to a height in excess of 35 feet.
C.
Required lot area. Any building used for residence
purposes shall have a lot area and lot width equal to that required
in the least restricted residence district for the same type of dwelling.
D.
Percentage of lot coverage. Any building used for
residential purposes, including accessory buildings, shall not cover
more than 40% of the area of the lot.
The following regulations shall apply to all
F-1 Districts:
A.
Uses permitted.
(1)
Wholesale trades and businesses and the processing
of food products; factories, mills and similar uses for the processing,
preparation for use, and/or fabrication of wood, metal, concrete and
similar materials; warehousing of commodities; junk industry or motor
vehicle wrecking operations and similar uses when conducted within
a structure and under license when provided by Village local law;
any industrial use or trade which is not, by reason of emission of
noise, dirt, odors or vibrations, noxious or dangerous to health,
safety or general welfare when authorized by the Board of Appeals
as a variance, after public hearing, and subject to such conditions,
restrictions and safeguards as may be deemed necessary by said Board
of Appeals for the purpose of protecting the health, safety, morals
or the general welfare of the residents of the Village, except that
such authorization, by the Board of Appeals, shall not be required
for the expansion or extension of present industrial uses within the
Industrial District in accord with the Industrial District requirements;
agricultural operations; public utilities and services; transportation
terminals and storage facilities; motor vehicle fabrications, servicing
and storing.
(2)
House trailer courts or house trailer parks when laid
out, constructed and serviced in a manner consistent with the provisions
of the regulations established by the New York State Department of
Health for such areas, except that the area provided for each house
trailer or other similar vehicle shall be not less than 2,000 square
feet and that there shall be a yard of not less than 15 feet in width
or depth between any area occupied by such use and an adjacent property
or street line.
B.
Uses prohibited. All other uses are prohibited.
[Amended 5-16-2005 by L.L. No. 1-2005]
C.
Building height limit: no restriction.
D.
Yards required.
(1)
Each lot shall have a front yard of not less than
25 feet in depth.
(2)
There shall be a side yard along the side of every
lot in an F-1 District of not less than 10 feet; provided, however,
that if the lot borders a residence district on a side yard, said
side yard shall have a side yard of a width not less than the minimum
width required in said adjacent residence district.
(3)
There shall be a rear yard on every lot of an F-1
District of not less than 25 feet.
(4)
Every building or portion thereof which is designed,
intended to be used for or is used for dwelling purposes, shall comply
with the front, side and rear yard requirements of the R-2 Districts.
E.
Lot area and percentage of lot coverage for dwellings.
All regulations as to required lot area and percentage of lot coverage
which are prescribed for R-2 Residential Districts shall apply to
all dwellings hereafter erected in any F-1 District.
[Added 4-15-2002 by L.L. No. 4-2002]
The following regulations shall apply to all
I-1 Districts:
A.
Intent. The intent of the Light Factory or Light Industrial
District is to provide areas within the Village for the location of
light industrial, manufacturing, assembly, compounding, processing,
fabrication and packaging facilities, wholesale warehouses and storage
facilities and research, development and laboratory facilities and
certain compatible uses. This district is for selective uses that
do not adversely impact the environment and quality of life of the
residents and property owners of the Village or create an impact that
is injurious to public health, safety or general welfare.
B.
Uses permitted.
(1)
Uses of a light industrial nature are permitted,
which involves only the manufacture, processing, assembly, packaging
or storage of previously refined materials, provided that at no time
will such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes or odors or other atmosphere pollution, objectionable noise,
glare or vibration.
(b)
A hazard of fire or explosion or chemical or
nuclear pollution or other physical hazard to any adjacent building
or to any plant growth on any land adjacent to the site or to any
person working on the site, or working or living adjacent thereto.
(2)
Office buildings for executive, engineering
and administrative purposes; scientific or research laboratories devoted
to research, design and/or experimentation in the processing and fabricating
incident thereto; the indoor warehousing and/or storage of goods and
products, such as building materials, farm supplies and the like,
which may be stored or sold from the premises to the general public;
facilities for printing and/or publishing; essential services; and
facilities for testing and development of processes planned for use
in production elsewhere, stores and shops for the conducting of any
retail business (except motor vehicles sales), personal service shops,
banks, restaurants and similar establishments, theaters and assembly
halls for a public recreation use, lodging house, motels, hotels,
undertaking establishments.
(3)
School district uses, including, but not limited to, use by a public
or private school district for athletic or recreational purposes.
[Added 12-20-2021 by L.L. No. 5-2021]
C.
Uses prohibited. All other uses are prohibited; including,
but not limited to, the junk industry or motor vehicle wrecking operations;
and any heavy industry, and motor vehicle sales.
D.
Permitted accessory uses. The following are permitted
accessory uses in the Light Factory and Light Industrial Use Districts:
(1)
Garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises, used
in connection with the principal use.
(2)
Signs in accordance with this chapter.
(3)
Off-street parking and loading.
(4)
Other reasonable accessory uses incidental to
the permitted principal use.
F.
Yards required.
(1)
Each lot shall have a front yard of not less
than 25 feet in depth.
(2)
There shall be a side yard along the side of
every lot in an F-2 District of not less than 10 feet; provided, however,
light factory or light industrial uses shall be located so as to be
a minimum of 50 feet from any property line abutting a nonindustrial
district. This fifty-foot buffer strip shall be perpetually maintained
with plantings to provide a visual screen between the industrial use
and the adjoining nonindustrial use.
(3)
There shall be a rear yard on every lot of an
I-1 District of not less than 25 feet.
