The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations, The dimensional
requirements and restrictions set forth in Schedule A annexed hereto
are incorporated herein and made a part of this chapter. No building or structure shall be erected and no land
used in violation of those dimensional requirements and restrictions.
A. Buildings, uses and lots.
(1) One principal building and use per lot. There shall
not be more than one principal structure and one principal use on
any lot in the residential districts (R-1, R-2, R-3), other than multifamily
uses which may have more than one principal building.
(2) Yard and open space for every building. No part of
any yard of other open space required about any building or structure
for the purpose of complying with the provisions of this chapter shall
be included as part of the yard or other open space similarly required
for another structure. Also no yard or other open space on one lot
shall be considered as a yard or open space for a building or structure
on any other lot.
(3) Established front yard. Where front yards in any district
have been established for more than 50% of the frontage in any block
at a depth greater than the minimum required for the district, the
depth of the required front yard shall be increased to comply with
such established depth. In no case shall the depth of the required
front yard be less than that specified for the district in which it
is located.
(4) Subdivision of a lot. Where a lot is hereafter formed
from part of a lot already occupied by a building, such separation
shall be effected so as not to violate any of the requirements of
this chapter with respect to the existing building, including yards
and other required spaces in connection therewith. No zoning permit
shall be issued for the erection of a building on the new lot thus
created unless there is full compliance with all the provisions of
this chapter.
(5) Irregular lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel due to its size, shape or topography, as it relates to development of such lot (i.e. reduction of developable area due to severe slopes or excessive narrowness), the matter shall be referred to the Zoning Board of Appeals and dealt with in accordance with the applicable provision of §
215-14.
(6) Required street frontage. No zoning permit shall be
issued for any structure unless the lot which that structure is to
be built upon has the required frontage on a street, as defined herein,
which frontage provides the actual access to such structure, and which
street shall have been suitably improved to Village Board standards
or a bond posted therefor to the satisfaction of the Village Board
and Planning Board.
(7) Parts of lots not counted toward area requirements.
No part of any lot less in width than 1/2 of the minimum lot width
requirement for the district in which it is located shall be counted
as part of the minimum lot area.
(8) Adjacent lots. Where two or more adjacent lots are,
at the time of the effective date of this chapter, in the same ownership,
they shall not be considered a single lot, unless they are described
as one parcel in a deed recorded at the Genesee County Clerk's office.
(9) Supplementary yard regulations.
(a)
Porches/decks. A porch/deck shall be considered
a part of the building in determining the yard requirements (setbacks)
or amount of lot coverage. Open exterior stairways shall not be considered
part of a building.
(b)
Projecting horizontal architectural features.
Architectural features, such as window sills, belt courses, chimneys,
cornices, eaves or bay windows, shall not project more than three
feet into any required yard.
(c)
Visibility at intersections. On a corner lot
in any district other than a C-3, no fence, wall, hedge or other structure
or planting more than three feet in height shall be erected, placed
or maintained with the triangular area formed by the intersecting
street lines and a straight line joining said street lines at points
which are 20 feet distant from the point of intersection, measured
along said street lines. This subsection shall not apply to existing
trees, provided that no branches are closer than six feet to the ground.
(d)
Swimming pools. All swimming pools whose capacity
is 100 gallons or more shall be considered accessory buildings within
the provisions this section and shall set back from lot lines at least
the minimum distance required for other buildings and structures.
Pools shall be fenced and protected by an appropriate gate as set
forth in the New York State Uniform Fire Protection and Building Code.
(e)
Buffer strip. Wherever a buffer strip is required
by this chapter, it shall meet the following standards:
[1]
Be at least 10 feet in width along any commercial
or industrial lot line abutting a lot in a residential district.
[2]
Be of evergreen planting of such type, height
and spacing as, in the judgment of the Planning Board, will screen
the activities on the lot from view of a person standing at street
level on the adjoining lot. The plan and specifications for such planting
shall be filed with the approved plan for use of the lot.
[3]
A wall or fence of location, height and design
approved by the Planning Board may be substituted for the required
planting.
(10)
Open space in industrial districts. Where an
industrial district abuts a residential district, there shall be at
least 100 feet of open space within the industrial district along
such abutting line, which open space shall include a buffer strip.
(11)
Excavation. In any construction, open excavations
shall be limited to a maximum of 30 days, with appropriate fencing,
barricades or covering.
B. Location of accessory building, structures and satellite
dish.
(1) Accessory buildings are permitted as follows:
(a)
A one-story accessory building having a total
floor area of 150 square feet or less and a building height of not
more than nine feet may be located not closer than three feet to the
rear and side lot lines in the rear yard areas and shall not be located
in front of the principal building, i.e., the front yard.
(b)
The location of accessory buildings having a
total floor area greater than 150 square feet or a building height
of greater than nine feet shall be located in compliance with the
required yard areas of the respective district and shall not be located
in front of the principal building, i.e., the front yard.
(2) Accessory structures, other than buildings, are permitted as follows (for fences, see §
215-49):
(a)
Accessory structures, other than buildings,
equal to or less than 15 feet in height, may be located not closer
than three feet to the rear and side lot lines in the rear yard area
and shall not be located in front of the principal building, i.e.
the front yard.
(b)
Accessory structures, other than buildings,
greater than 15 feet in height, shall be located in compliance with
the required yard areas of the respective district and shall not be
located in front of the principal building, i.e., the front yard.
(c)
Antennas, including satellite dish antennas,
shall not occupy a front yard or be located any closer than three
feet to any side or rear lot lines.
C. Nonconforming uses, structures and lots.
(1) Lawful existing uses or structures. Except as otherwise
provided in this section, the lawful use of land or structures existing
at the effective date of this chapter may be continued, although such
use or structure does not conform to the regulations specified in
this chapter for the zone in which such land or structure is located;
provided, however that:
(a)
No nonconforming lot shall be further reduced
in size.
(b)
No nonconforming building be enlarged, extended
or increased, unless such enlargement would tend to reduce the degree
of nonconformance.
(c)
No nonconforming use may be expanded.
(d)
No existing conforming use shall be changed
to a nonconforming use.
(2) Abandonment. A nonconforming use or uses, other than signs, shall be adjusted or abandoned when there occurs a cessation of any such use or activity and a failure on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Where multiple uses exist, partial abandonment shall take place for those specific uses which meet the aforementioned criteria. Nonconforming signs shall be considered abandoned whenever the circumstances set forth in §
215-48C(7) occur, irregardless of time limits.
(3) Restoration and repair. No building damaged by fire
or other causes to to the extent of more than 50% of its assessed
valuation shall be repaired or rebuilt except in conformity with the
regulations of this chapter. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition of any wall, floor
or roof which has been declared unsafe by the Code Enforcement Officer.
(4) Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
(5) Alterations. A nonconforming building may not be structurally
altered during its life to an extent exceeding, in aggregate cost,
50% of the assessed value of the building, unless said building is
changed to conform to the requirements of this chapter.
(6) District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming use existing therein or created thereby.
D. Uses not permitted. Uses which are not specifically
allowed by this chapter are prohibited.
E. Minimum dimensional criteria. All one- and two-family
dwelling units located on individual lots shall have a minimum outside
width of at least 16 feet. This provision shall not prohibit the construction
of smaller additions or projections from larger units (less than 16
feet wide), provided that a sixteen-foot minimum width is clearly
established for the overall unit.
F. Minimum enclosed living area.
(1) One-family dwellings shall have a minimum enclosed
living area, not including garage but also not limited to only habitable
floor area, of at least 750 square feet.
(2) Two-family dwellings shall have a minimum enclosed
living area of at least 750 square feet per unit.
(3) Multiple-family dwellings shall have a minimum enclosed
living area per unit as follows:
Number of Bedrooms Per Unit
|
Minimum Square Footage
|
---|
Efficiency
|
300
|
1
|
550
|
2
|
650
|
3
|
800
|
4
|
1,000
|
5 or more
|
As determined by Planning Board
|
G. Stabling farm animals and storage of fertilizer, agriculture
chemicals and manure.
(1) There shall be no stabling of farm animals, poultry,
or storage of manure within the Village.
[Amended 1-27-2021 by L.L. No. 2-2021]
(2) There shall be no storage of bulk quantities of fertilizer,
pesticides and/or herbicides, or similar odor- or dust-producing or
hazardous substances within the residential or commercial districts.
Bulk storage of such substances within the Industrial District is
permitted only after site plan approval.
H. In the Central Business District (C-2 Zone) the following
restrictions apply to any new construction, exterior repairs or remodeling
commenced after November 13, 2002:
[Added 1-24-2003 by L.L. No. 1-2003]
(1) New construction shall have a zero setback from the
New York State right-of-way. Relief from this requirement may be granted
by the Village of LeRoy Zoning Board of Appeals through the variance
process for pedestrian amenities such as recessed entries or chamfered
corners.
(2) New construction shall be at least two stories or
greater in height but no greater than five stories. The height and
appearance of new structures should be consistent with and compliment
adjacent structures. Corner buildings may be granted variances for
heights due to prominent locations in the District.
(3) New construction shall extend to both side property
lines; i.e., side yard setbacks shall be zero. Any driveways shall
open into the nearest side or back street or alley.
(4) New construction or exterior remodeling shall incorporate
rooflines and forms which coordinate with the style of adjacent buildings.
Cornices at the tops of buildings are encouraged. The Village of LeRoy
Planning Board may approve other roof types if they do not conflict
with the overall style and appearance of the Central Business District.
(5) Front entry points to buildings shall be located to
afford direct access to and from the front sidewalks. Corner buildings
may have entry points on both streets.
(6) All exposed sides of buildings shall be architecturally
consistent regarding building materials and architectural style with
the facade of the buildings.
(7) On site parking, if any, for buildings in the Central
Business District shall be provided at the rear of the building. Any
portion of parking areas that would otherwise remain visible from
Main Street shall be shielded from such view by utilizing decorative
walls or vegetation.
I. Any demolition of an existing building or structure
in the C-2 Zone shall be deemed to be an unlisted action for purpose
of complying with the New York State Environmental Quality Review
Act (SEQRA).
[Added 1-24-2003 by L.L. No. 1-2003]
J. Any new construction, reconstruction or remodeling
in the C-2 Zone which includes drive-up or drive-through service shall
be permitted only upon the issuance of a specific use permit.
[Added 1-24-2003 by L.L. No. 1-2003]
The Village of LeRoy is hereby divided into
the following zoning districts and overlay zone:
R-1
|
Residential 1 District
|
R-2
|
Residential 2 District
|
R-3
|
Residential 3 District
|
C-1
|
Neighborhood Commercial District
|
C-2
|
Central Commercial District
|
I
|
Industrial District
|
LC
|
Land Conservation District
|
PUD
|
Planned Unit Development District
|
FPO
|
Floodplain Overlay Zone
|
In order to promote orderly development and the general welfare of the community, where land is newly annexed but before legislative action can be taken to zone said land designating said land as being in one of the districts referred to in §
215-22 of this article, such newly annexed land shall not be improved or developed in any manner, including the erection of any buildings or other structures or alteration of any existing buildings or other structures thereon or change of any use with respect thereto until such legislative action is taken; provided, however, that if such legislative action is not taken and such designation is not made within 180 days of the effective date of the annexation, the restrictions contained in this section shall no longer apply.
The zoning districts are shown, defined and
bounded on the Zoning Map accompanying this chapter, which map is
made a part of this chapter. The Zoning Map is hereby made a part
of this chapter and shall be on file in the Village Clerk's office.
Yard and area requirements for previously undeveloped
lots of record existing prior to the effective date of this chapter,
which cannot conform to existing area requirements, shall be determined
by the Zoning Board of Appeals. In making their determination, the
Zoning Board of Appeals shall take into consideration the yard and
area requirements for the zoning district in which the undeveloped
lot is located in and the existing yard and area dimensions found
for other lots in the general vicinity.
The R-1 District is designed to accommodate
primarily single-family residential uses. The primary purposes of
this district are to preserve the character of existing single-family
neighborhoods and to encourage quality residential development in
those newly developed or still undeveloped areas of the Village.
A. The following uses are permitted in R-1 Districts:
(4) Swimming pool, tennis court (noncommercial).
B. The following uses are permitted in the R-1 District
upon the issuance of a special use permit:
(1) Educational and cultural institution.
(2) Church and other similar places of worship.
(3) Rectory, convent and/or cemetery.
(7) Public utility structure.
(9) Adult care facilities.
[Added 5-27-1998 by L.L. No. 1-1998]
(10) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]
The R-2 District is designed to accommodate
primarily single- and two-family dwellings. The primary purpose of
this district is to encourage the retention of a positive community
character within those developed residential areas of the Village.
A. The following uses are permitted in R-2 Districts:
(5) Swimming pool, tennis court (noncommercial).
B. The following uses are permitted in R-2 Districts
upon the issuance of a special use permit:
(1) Educational and cultural institution.
(2) Church and other similar places of worship.
(3) Rectory, convent and/or cemetery.
(7) Public utility structure.
(10)
Volunteer fire department/ambulance service.
(11)
Club, social organization.
(12)
Health, medical and related institutional use.
(13)
Adult-care facilities.
[Added 5-27-1998 by L.L. No. 1-1998]
(14) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]
The R-3 District is designed to accommodate
single- and two-family dwellings, together with a mixture of multifamily
dwellings. It is recognized that conversion of existing one- and two-family
dwellings into multifamily dwellings will take place within this district.
In order to retain a positive community character, such conversions
should comply with all appropriate guidelines.
A. The following uses are permitted in R-3 Districts:
(5) Swimming pool, tennis court (noncommercial).
B. The following uses are permitted in R-3 Districts
upon the issuance of a special use permit.
(1) Educational and cultural institution.
(2) Church and other similar places of worship.
(3) Rectory, convent and/or cemetery.
(7) Public utility structure.
(10)
Volunteer fire department/ambulance service.
(11)
Club, social organization.
(12)
Health, medical and related institutional use.
(14)
Adult-care facilities.
[Added 5-27-1998 by L.L. No. 1-1998]
(15) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]
The C-1 District is designed to accommodate
primarily commercial uses. The primary purpose of this district is
to provide areas for small- to medium-sized commercial uses. Site
plan review is required of all uses in C-1 Districts.
A. The following uses are permitted in C-1 Districts:
(3) Warehouse/storage (enclosed, no hazardous materials).
(5) Business and professional office.
(8) Church and other similar places of worship.
(10)
Laundromat.
[Added 3-17-2021 by L.L.
No. 3-2021]
B. The following uses are permitted in C-1 Districts
upon the issuance of a special use permit.
(4) Motor vehicle sales and service.
(9) Self-service storage facility.
(12) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]
The C-2 District is designed to accommodate
primarily concentrated commercial development. Site plan review is
required of all uses in C-2 Districts.
A. The following uses are permitted in C-2 Districts:
(2) Business and professional office.
(11)
Church and other similar places of worship.
(12)
Laundromat.
[Added 3-17-2021 by L.L.
No. 3-2021]
B. The following uses are permitted in C-2 Districts
upon the issuance of a special use permit.
(4) Motor vehicle sales and service.
(7) Self-service storage facility.
(9) Drive-up or drive-through facilities.
[Added 1-24-2003 by L.L. No. 1-2003]
(10) Car wash.
[Added 1-13-2021 by L.L.
No. 1-2021]
(11) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]
The I District is designed to accommodate industrial
uses. Site plan review is required of all uses in the I District.
A. The following uses are permitted in I Districts:
(1) Enclosed manufacturing industry.
(2) Enclosed warehouse or wholesale use.
(3) Public utility structure.
(4) Enclosed service and repair.
(5) Machinery and transportation equipment, sales, service
and repair.
(6) Enclosed industrial processes and service.
(7) Freight or trucking terminal.
(14) Business and professional offices.
[Added 3-17-2021 by L.L.
No. 3-2021]
(15)
Laundromat.
[Added 3-17-2021 by L.L.
No. 3-2021]
B. The following uses are permitted in I Districts upon
the issuance of a special use permit:
(1) Manufacturing use (not enclosed).
(2) Warehouse or wholesale use (not enclosed).
(3) Service and repair (not enclosed).
(5) Self-service storage facility.
(9) Tennis courts, volleyball courts, basketball courts
or other recreational facilities in confined areas which are found
by the Planning Board to be not incompatible with the other industrial
uses in the area or residential uses in adjacent zones.
[Added 5-23-1995 by L.L. No. 2-1995]
(10) Detention/Retention pond.
[Added 1-27-2021 by L.L.
No. 2-2021]