This chapter shall constitute and be known as
"The Zoning Ordinance of the Village of Geneseo," New York, heretofore
known as the "Geneseo Zoning Ordinance," and may be cited as such.
A.
The intent of this chapter is to encourage appropriate
and orderly physical development; to promote public health, safety,
convenience and general welfare; to classify, designate and regulate
the location and use of buildings, structures and land for mixed-use,
residential, commercial, industrial or other uses in appropriate places;
and, for said purpose, to divide into districts of such number, shape
and area as may deemed best suited to carry out these regulations
and provide for their enforcement.
B.
This chapter is one of the key mechanisms for implementing
the Village's long-term planning goals which will guide development
in Geneseo to provide a balance of developed uses and open space throughout
the Village; to create residential neighborhoods close to but not
negatively impacted by recreation, employment and shopping opportunities;
and to avoid the negative impacts of uncontrolled access and demands
for inefficient expansion of public utilities.
C.
These regulations are in accordance with the Village's
long-term planning goals and have been made with reasonable concern
for the character of each district and their suitability for particular
uses.
D.
For the purposes of this chapter, all terms used in
the present tense include the future tense. All terms in the plural
number include the singular number, and all terms in the singular
number include the plural number, unless the natural construction
of the term indicates otherwise. The term "person" includes a firm,
association, organization, partnership, trust, company or individual.
Any gender specific term, such as "he" or "chairperson," is inclusive
of both male and female. The term "shall" is mandatory and directory.
The term "may" is permissive. The term "used" includes the term "designated,
intended or arranged to be used."
A.
Except as herein provided, no building or land in the Village of Geneseo shall be used or occupied, nor shall any building or part thereof be erected, moved or altered, unless in conformity with the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article VIII of this chapter relating to nonconformities.
B.
The provisions of this chapter shall be separable
in accordance with the following rules:
(1)
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, the Village will promptly
revise said provision, and such judgment shall not affect any other
property, building or structure.
(2)
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter.
(3)
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building or structure, such judgment shall not affect the
application of said provision to any other property, building or structure.
A.
This chapter shall become effective 30 days from the
date of adoption.
B.
Any variance or special use permit which was lawfully issued under the most recent provisions of this chapter shall continue to be valid. Any variance or special use permit which could not be issued after the effective date of these regulations shall be allowed to continue subject to the provisions of Article VIII relating to nonconformities.
C.
Any construction or alteration of a building or structure which has not yet obtained a certificate of occupancy but which has commenced construction at least 90 days before the effective date in accordance with a valid building permit shall be allowed to complete construction. If such building or use is not in conformance with the regulations of this chapter, it shall be subject to the provisions of Article VIII relating to nonconformities.
D.
This chapter and any amendments thereof shall apply
to all applications pending and not yet finally decided on the date
of adoption, except that in any case where a public hearing has been
held, the application shall be decided in accordance with the law
in effect on the date of such hearing.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person 18 years of age or older. (A minor is any person
under the age of 18.)[1]
An establishment devoting more than 10% of its stock-in-trade
books, magazines, videos, computer software, or other periodicals,
films or viewing on the premises by use of motion-picture devices
or any other coin-operated means, and materials which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or male or female genitalia,
anatomical areas or an establishment with a segment or section devoted
to the sale or display of such material, and which establishment customarily
excludes any minor by virtue of age.
A public or private establishment, or any part thereof, which
presents any of the following entertainments or services on one or
more occasions for observation by patrons therein and which is operated
for profit: topless female dancers; strippers; male or female impersonators;
exotic dancers; topless waitressing, bussing or service; or service
or entertainment where the servers or entertainers wear pasties or
G-strings or both.
A theater which presents material, characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, in the form of live shows, films or
videotapes, viewed from an individual enclosure, for which a fee is
charged and which is not open to the public generally but excludes
any minor by reason of age.
An enclosed structure or portion of a structure used for
presenting materials having as a dominant theme material characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons within the theater.
See "adult bookstore," "adult entertainment cabaret," "adult
theater" and "adult peep show."
Any business that is designed to directly support a farm,
farm operation, or multiple farms within the community. Agricultural-based
businesses may include: farm markets, farmers markets, agritourism,
machinery and vehicle sales, and direct marketing businesses. All
agricultural-based businesses must be consistent with New York State
Department of Agriculture and Market rules and regulations.
Any farm operation or related agricultural use consistent
with New York State Department of Agriculture and Market rules and
regulations. Includes the raising of crops, produce, fruits, vegetables,
farm animals and related products and structures incidental thereto.
A publicly or privately owned serviceway less than 22 feet
in width providing a secondary means of access to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A facility providing animal medical care, run by a licensed
Doctor of Veterinary Medicine (DVM) and which allows overnight animal
patients but is not a boarding facility.
See "dwelling, multifamily."
A nonlimited access road which has a grade-separated highway
interchange with a limited access highway and which extends from the
end of the interchange ramp for a distance of not more than 2,000
feet.
A prominent or significant part or element of a building,
structure or site.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE or
V1-30. It is also commonly referred to as the "base floodplain" or
"one-hundred-year floodplain."
Any flag, streamer, spinner, light, balloon or similar device
or ornamentation used for purposes of attracting attention for promotion.
A movable or retractable ornamental rooflike protective cover
over a door, entrance, window or outdoor service area that projects
from the face of a structure and is constructed of durable materials,
including but not limited to fabrics and/or plastics.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. A banner not permanently affixed to a pole or building
shall be considered a temporary sign.
A business establishment with a New York State liquor license
authorizing sale of liquor for on-premises consumption in which liquor
sales represent 25% or more of sales receipts.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A story partly underground but having at least 1/2 of its
height below finished grade. A basement or cellar shall not be counted
as a story in determining the building height.
An owner-occupied residence resulting from a conversion of
a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers and containing
not more than five bedrooms for such lodgers.
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
A surface whereon advertising matter is set in view that
is attached or detached from a principal structure and is located
off site from the premises of the entities for which the subject matter
correlates or advertises, promotes, or displays information.
An area bounded by public rights-of-way.
A dwelling where not less than two nor more than three unrelated
persons are furnished sleeping accommodations or lodged for a fee
with or without meals.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
Any structure having a roof supported by columns, piers or
walls and intended for commerce, shelter, housing or enclosure of
persons, animals or chattel.
A subordinate building located on the same lot with the principal
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the principal building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the principal building.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking areas; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
The vertical dimension measured from the average elevation
of the finished grade adjoining the exterior walls of a building to
the highest point of the roof for flat roofs, to the deckline of a
mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
That permit issued by the Code Enforcement Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the district in which it is located and stating that
all construction, relocation or extension of buildings are in compliance
with the provisions of this chapter and with all applicable sections
of the New York State Code, Rules, and Regulations.
A building in which is conducted the main use of the lot
on which said building is located.
The maximum size of a building and its location on a lot
as defined by density and dimension standards viewed as appropriate
for the specific zoning district.
See "changeable-copy sign."
The unit for measuring the maximum intensity of light energy
emitted by a directional lamp.
A fixed, ornamental, rooflike protective cover over a door,
entrance, window or outdoor service area that projects from the face
of a structure and is constructed of durable materials, including
but not limited to fabrics and/or plastics. A marquee is not a canopy.
A seasonal and/or periodic amusement show, usually traveling
from place to place, having sideshows and rides, such as but not limited
to Ferris wheels, merry-go-rounds, games of skill or chance, as well
as vending concessions of food and other retail merchandise.
See "basement."
A structure on which transmitting and/or receiving antenna(s)
are located. It includes, without limit, freestanding towers, guyed
towers, monopoles and other similar structures.
Property used for the interring of the dead.
A certificate issued by the Code Enforcement Officer signifying
that a parcel of land is being used in a lawful manner with respect
to the provisions of this chapter and in accordance with the New York
State Code, Rules and Regulations.
An exhibition of animals and acrobatic acts, together with
sideshows and vending concessions.
Any area of unobstructed vision at street intersections defined
by lines of sight between points 75 feet from the intersection of
street right-of-way lines.
A nonprofit social organization whose premises are restricted
to its members and their guests. Such clubs include, but are not limited
to, recreational, athletic, or social purposes.
The modification of the arrangement of lots, buildings, and
infrastructure permitted by this chapter to be placed on a parcel
of land to be subdivided. This modification results in the placement
of buildings and improvements on a part of the land to be subdivided
in order to preserve the natural and scenic quality of the remainder
of the land.
The person designated by the Village Board to perform all
administrative and/or supervisory duties required by these regulations.
The Code Enforcement Officer may hire other staff to assist the enforcement
and administration of this chapter, who shall have the same authority
as the Code Enforcement Officer. He or she, as well as any staff hired
to assist the enforcement and administration of this chapter, must
be certified by New York State.
The Comprehensive Plan as adopted by the Village Board in
accordance with § 7-722 of the Village Law, and all amendments.
A community living option which provides the elderly and/or
developmentally disabled some support while promoting independence.
An enclosed parcel of land, structure(s) or a combination
thereof used for the storage of machinery, equipment and nonhazardous
materials required for construction.
Small commercial establishments, catering primarily to residents
of nearby areas, providing frequently needed retail goods and personal
services.
A building used for the gathering of groups of people or
providing large-scale meeting space.
Character, letters or illustrations that can be changed or
rearranged on a changeable-copy sign.
A local street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
Any building, room or area designed or utilized primarily
for the presentation to the general public of live theater, dance
performances, musical concerts, cinema, lectures, exhibits of various
art forms or exhibits of cultural, historic, academic or scientific
material.
The mean street grade established by municipal code or, in
the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
A place other than an occupied residence providing or designed
to provide day care for seven or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see
§ 390, Subdivision 1(c), of the Social Services Law of the
State of New York.
A plant with foliage that is shed annually.
Any unroofed, unenclosed platform, other than a paved terrace
or a porch, which is attached to or adjoins a residence. A deck includes
all foundations, supports, steps, ramps, railing and other accessories
attached to or used in conjunction with any such platform. A deck
shall be treated as an integral part of the principal building for
all purposes of this chapter, except that the gross area of a deck
shall not be included in determining the percentage of the lot covered
with buildings.
[Added 10-15-2012 by L.L. No. 2-2012]
The deliberate assignment of land by its owner for any general
and public uses, reserving to himself no other rights than such as
are compatible with the full exercise and enjoyment of the public
uses to which the property has been devoted.
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
Determine the measure of the quantity of a particular use
allowed at a particular location. The four basic measures include
dwelling units per acre, minimum lot sizes, floor-area ratio (FAR),
and maximum height restrictions.
The officially adopted Design Criteria and Construction Specifications
of the Village of Geneseo; also referenced herein as "design criteria."
Any man-made change to improve or unimprove real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations located
within an area of special flood hazard.
A building or structure used primarily for the storage of
goods which are intended for subsequent shipment to retail or other
commercial outlets.
The lands required for the installation of stormwater sewers
or drainage ditches or field tiles are required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
A use or portion of a use which by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product which may be consumed or
used in a motor vehicle on the premises.
An establishment used to collect, distribute and/or clean
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal. A dry-cleaning facility may also
press or clean fabric on site using the dry-cleaning process.
An establishment used primarily to collect and distribute
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal elsewhere. A dry-cleaning outlet
may also include equipment to press chapters of fabric cleaned elsewhere
or dry-cleaning machines using only noncombustible and nonflammable
solvents.
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons and may include garage space
for personal automobiles.
An attached single-family dwelling with party walls separating
it from adjacent units on both sides. Although units share party walls,
each unit is on a different parcel of land. Townhouses and row houses
are considered attached or row dwellings.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units designed or used for occupancy by three or more families living
independently of each other. Apartment buildings or complexes are
considered multifamily dwellings.
A single-family dwelling separated by a party wall from only
one adjacent dwelling unit.
A detached dwelling unit designed for or occupied exclusively
by one or more persons living as a single housekeeping unit. The dwelling
can consist of a modular/mobile home or a home on a permanent foundation,
cellar, or basement.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other, or two single-family dwellings having a party wall
in common.
One or more rooms providing living facilities for one family
or housekeeping unit, including equipment for cooking, living and
sleeping purposes and provisions for the same.
A dwelling unit consisting of one or more rooms providing
living facilities for one family or housekeeping unit, including equipment
for cooking, living and sleeping purposes and provisions for the same.
[Amended 10-15-2012 by L.L. No. 2-2012]
The authorization by property owner for use by another, for
a specified purpose, of any designated part of such property.
A person licensed as a professional engineer by the State
of New York.
A plant with foliage that persists and remains green year
round.
A direct entrance from a public way to a habitable or tenantable
space.
One person or a group of persons living together as a single
household occupying a dwelling unit.
An occupied family residence providing day care for three
to six children for more than three hours but less than 18 hours per
day. See § 390, Subdivision 1(e), of the Social Services
Law of the State of New York.
The use of a parcel of land of seven acres or more for gain
in the raising of agricultural products, trees, nursery stock, livestock,
poultry or dairy products. It includes necessary farm buildings and
the storage of necessary equipment.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court enclosures, backstops, and
similar structures.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
As defined by the Fire Code of New York State.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been defined but no water surface elevation is provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See "regulatory floodway."
The ratio between total site area and total floor area permitted
in any district. The floor area of the building considered for the
computation of floor area ratio shall be restricted to those levels
above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy, storage,
or the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of adjoining ground, garage space or accessory building space (includes
basement but not cellar).
A multiple dwelling used and occupied by a cooperating group
of college or university students and containing and providing domestic
and social facilities and services thereto.
See "motor vehicle service station."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
See "motor vehicle service station."
A business that provides only gasoline sales and small convenience
items.
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf. Club membership is required in order to use the facility.
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf. Club membership is not required to use the facility.
Located in a central position in the neighborhood and surrounded
by streets and/or building lots on at least three sides. It is designed
and landscaped as a space for common neighborhood use.
A glass or plastic enclosed structure for cultivating plants
that must have controlled temperature and humidity, used for wholesale
or retail purposes.
A glass or plastic enclosed structure for cultivating plants
that must have controlled temperature and humidity, not used for wholesale
or retail purposes.
Any nonimpervious vegetated surface.
That area of the Village of Geneseo which has been officially designated in the National Register of Historic Places by the Department of the Interior as shown on the map approved by the New York State Office of Parks, Recreation, and Historic Preservation and shown on the Zoning Map and which has a special character and historical and aesthetic interest and value and represents various eras in the history of the Village and, as a result thereof, constitutes a distinct section of the Village and is designated as a Historic Overly District pursuant to Chapter 85 of the Village Code.
Any occupation or profession, excluding telecommuters and
motor vehicle repair or sales, on the premises which:
Can be conducted without substantial change
in the appearance, character, or generation of pollution and traffic
of the residence.
Is carried on by a member of the household residing
in the dwelling unit.
Is clearly incidental and accessory or secondary
to the use of the dwelling unit for residential purposes.
An organization of residential property owners residing within
a particular development who contractually agree to provide, reserve
and maintain commonly owned facilities and/or open space, in accordance
with New York State law.
Any land or greenhouses used for the commercial production,
sale, or research of vegetative products.
A building having more than two stories and containing more
than 35 rooms intended, designed, used, rented or hired out to be
occupied for sleeping purposes, along with the provision of food,
meals and beverages to transient guests and/or the general public.
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings, asphalt driveways
or parking areas.
See "dwelling unit, accessory."
A commercial facility for the housing and feeding of transients,
containing more than five rooms and less than 35 rooms. The facility
may have an ancillary use such as a restaurant or bar.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
A place where waste, discarded or salvaged materials are
bought, recycled, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled or where automobile wrecking takes place,
but not including pawnshops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing.
A lot or parcel of land where between five and 20 adult dogs
are kept, whether by owners of the dogs or by persons providing facilities
and care, whether or not for compensation, but not including a small
animal hospital, clinic or pet shop. An adult dog is one of either
sex, altered or unaltered, that has reached the age of four months.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
A business establishment providing clothes washers and dryers
for hire to be used by customers on the premises.
As developed and administered by the U.S. Green Building
Council, Leadership in Energy and Environmental Design (LEED) is a
voluntary, consensus-based national standard for developing high-performance,
sustainable buildings.
A security which may be accepted as a guaranty of a requirement
that certain improvements be made before the Code Enforcement Officer
issues a certificate of occupancy, including escrow agreements and
other similar collateral and surety agreements acceptable in form
and amount to the Municipal Attorney and Municipal Engineer and approved
by the Village Board.
See "light manufacturing."
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail. The industry does not produce high
volumes of polluting wastes and is compatible with other uses of the
district. Also includes machine shops, which are buildings used for
the purpose of fabricating metal parts for various applications.
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use and the customary accessory use and open
spaces belonging to the same. A lot, within the meaning of this chapter,
may or may not be a lot as shown on a subdivision plot or assessment
record.
Any change in the dimension or orientation of a lot line
not resulting in or constituting subdivision or resubdivision as defined
herein, where there is no increase in the number of lots and no reconfigured
lot is in excess of 10,000 square feet in area.
An area of land, which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The percentage of the lot area covered by impervious buildings
or structures, parking areas, driveways and walkways.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
The property lines bounding the lot. In the case of a lot
abutting more than one street, any such lot line will be considered
a front lot line.
The mean width measured at right angles to the front lot
line or, for wedge-shaped lots, flag-shaped lots or lots with side
boundary lines not perpendicular to the front lot line, the width
measured at the required minimum front setback.
A building or collection of buildings used for the purposes
of selling, servicing and repairing machinery and transportation equipment.
A building used for the purpose of fabricating metal parts
for various applications.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or extension of municipal facilities.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode is eight feet or more
in width or 40 feet or more in length or, when erected on site, is
320 square feet minimum, constructed on a permanent chassis and designed
to be used with or without a permanent foundation when connected to
the required utilities and includes the plumbing, heating, air conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by HUD
and complies with the standards established under the national Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicle.
Any factory, shop, yard warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, containerizing, storage or distribution of goods, wares,
commodities, parts, materials, electricity and the like. The processing,
preparation and production activities customarily deal with man-made
or raw materials and other manufactured items which are altered, restored
or improved by the utilization of biological, chemical or physical
actions, tools, instruments, machines or other such similar natural,
scientific or technological means. "Manufacturing" shall also include
the handling of any waste products and materials. Manufacturing processes
and treatments include but are not limited to such operations as mixing,
crushing, cutting, grinding and polishing; casting, molding and stamping;
alloying and refining; assaying, cleaning, coating and printing; and
assembling and finishing.
Any hood, awning or permanent construction that projects
from a wall of a building, usually above an entrance.
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
A brewery producing beer or ale with a maximum production
of 1,000 barrels per year in the MU-1 Zoning District and 5,000 barrels
per year in the MU-2 Zoning District, at 31.5 gallons per barrel.
[Added 2-26-2018 by L.L.
No. 2-2018]
Any subdivision which contains not more than four lots fronting
on an existing street; does not include any new street or road; does
not require the extension of municipal facilities; does not adversely
affect adjacent properties; and is not in conflict with any provision
of the Comprehensive Plan and Zoning Map of the Village of Geneseo
or these regulations.
A development or redevelopment that allows for more dense
development in a single structure or lot and includes a mixture of
uses, including but not limited to residential, commercial and industrial.
A typical mixed-use structure would have retail or offices on the
first floor and offices, residences, and/or studios on the upper floors.
A development or redevelopment that allows for more dense
development in a single structure or lot and includes a mixture of
uses, including offices, residential, commercial, industrial, etc.,
but not retail.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet or more in width or 40 feet
or more in length or, when erected on site, is 320 square feet minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical
systems contained therein. The term "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
A mobile home consisting of two sections, combined at the
site, with a combined width of no less than 20 feet, while still retaining
their individual chassis for possible future movement and complying
with Part 1210 of Title 19 of New York State Code, Rules and Regulations;
excluding, however, travel trailers, motorized homes, recreational
vehicles, pickup coaches and camping trailers. This definition does
not include modular or manufactured homes as defined by this code.
A parcel of land where two or more mobile homes are parked
or which is planned and improved for the placement of mobile homes
by the public.
A factory-manufactured dwelling unit, conforming to applicable
provisions of this code and bearing insignia of approval issued by
the State Fire Prevention and Code Council, which is constructed by
a method or system of construction whereby the structure or its components
wholly or in substantial part manufactured in a manufacturing facility,
intended or designed for permanent installation, or assembly and permanent
installation.
A building or group of buildings having two stories or less,
whether detached or in connected units, used as individual sleeping
units designed primarily for transient automobile travelers and providing
accessory off-street parking and, if desired, restaurant facilities.
The term "motel" shall also include tourist courts, motor lodges and
similar uses.
Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tune-ups and all other
vehicle repair services not specifically listed in the definition
of motor vehicle service stations.
Any building, land area or other premises used primarily
for the display or sale of new or used automobiles, motorcycles, trucks,
trailers or boats, but not including any repair work other than warranty
and other service repair conducted as an accessory use on such premises.
Any building, land area or other premises, or
portion thereof, used or intended to be used for any one or a combination
of the following activities:
Retail dispensing or sales of motor vehicle
fuels.
Retail dispensing or sales of motor vehicles
lubricants, including oil changing and chassis lubrication where substantial
disassembly is not required.
Retail dispensing or sales of motor vehicles
coolants.
Hand- or machine-washing in a single-bay motor
vehicle wash.
Incidental repair or replacement of parts, such
as windshield wiper blades, light bulbs, air filters, oil filters,
batteries, belts, tires, fuses, lubrication of vehicles, and the like.
Motor vehicle wrecking, repair, parking or storing
of motor vehicles for hire and the operation of more than one towing
vehicle shall not be deemed permissible accessory uses of a motor
vehicle service station.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing motor vehicles for a fee,
whether by automated cleaning devices or otherwise.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
The designated engineer of the Code Enforcement Office of
Geneseo or a position assigned with similar duties.
An area designated for the preservation of unique or locally
significant natural resources for the purposes of protection and public
education.
An area designated for the preservation of unique or locally
significant natural resources for the purposes of protection.
A residential development or mixed-use development where
the primary use is residential housing.
A lawfully preexisting building which in its design or location
does not conform to the regulations of this chapter for the district
in which it is located.
A lot of record lawfully existing at the date of adoption
of this chapter or any amendment thereto which does not have the minimum
width or depth or contain the minimum area for the district in which
it is located.
Any use of any building, structure or land lawfully existing
at the date of adoption of this chapter or any amendment thereto which
does not conform to the use regulations of the district in which it
is situated.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business, in part or in
whole, will be classed as an office building.
A map established and adopted by the Village Board under
§ 7-724 of the Village Law or additions thereto made in
accordance with § 7-724 of the Village Law, showing streets,
highways and parks.
See "base flood."
An area or areas of a lot, including required yards, which
are:
Open and unobstructed from ground to sky, except
by facilities specifically designed, arranged and intended for use
in conjunction with passive or active outdoor recreation or relaxation.
Landscaped, maintained or otherwise treated
to create a setting appropriate to recreation or relaxation.
Accessible and usable by the general public,
business patrons or residents of all dwellings or stores it is intended
or required to serve.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
Activity-based facility with use restricted to members and
their guests. Activities including private golf courses, golf driving
ranges, golf pitch and putt courses; recreation courts; open space;
playing fields; swimming pools; bike trails; hiking trails; and similar
facilities for outdoor recreation. "Outdoor recreation" shall not
include miniature golf, archery ranges, shooting ranges or other high
traffic generators.
A parcel of land, generally located on the perimeter of a
larger parcel of commercial land, that is subordinate to the larger
parcel for access, parking and drainage purposes.
A business establishment providing primarily health services,
such as emergency care, laboratory facilities or minor surgery to
ambulatory patients rather than diagnostic treatment typical of a
doctor's office.
An additional layer of regulations related to a specific
environmental or historical constraints such as floodplain boundaries,
historic landmarks, historic structures, or wetlands that supersede
the restrictions of the underlying zoning district.
Any place, lot, parcel, or yard used in whole or in part
for storing or parking four or more motor vehicles.
A garage in which licensed motor vehicles used for personal
conveyance or conveyance of passengers are parked.
A narrow strip of open space surrounded by streets on all
sides and generally intended for use in a smaller neighborhood.
A financial tool used to guarantee that in the event of a
developer's or contractor's default, funds are available to finish
the construction of a site improvement or infrastructure installation
and ensure its proper functioning.
Any request made in writing.
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which building,
together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship.
A place of worship which locates in the first floor of a
building formerly used for any purpose except a place of worship.
The officially established Planning Board of the Village
of Geneseo.
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
A tentative subdivision plat, in lesser detail than a final
plat, showing approximate proposed streets and lot layout as a basis
for consideration prior to preparation of a final plat.
An informal plat, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision.
A platform, other than a paved terrace or a deck, which is
attached to or adjoins a residence, and includes all foundations,
supports, steps, ramps, railings and other accessories attached to
or used in connection with any such platform.
[Added 10-15-2012 by L.L. No. 2-2012]
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in § 130-99 of this chapter, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
Premises where professional services are provided by medical
practitioners, attorneys, architects, engineers, photographers, brokers,
or other providers of business or personal services.
See "lot lines."
For the purpose of measuring separation from sexually oriented
businesses, "protected uses" shall include public and private schools,
places of worship, day-care centers and public uses.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Places of worship, cemeteries, parish houses
and convents.
Public parks, playgrounds and recreational areas
when authorized or operated by governmental authority.
Nursery schools, elementary schools, high schools,
colleges or universities having curriculum approved by the Board of
Regents of the State of New York.
Public libraries and museums.
Nonprofit fire, ambulance and public safety
buildings.
Any facility or related equipment, including but not limited
to all lines, pipes, transformers, poles, etc., performing an essential
public service and subject to special governmental regulation. Nonessential
components of public utility operations, such as general storage and
maintenance facilities, are excluded from this definition.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the interior and areas surrounding public buildings.
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading preparatory to the construction
of a building or highway construction.
A space designed and used for active and passive participatory
athletic and general recreation activities.
Businesses primarily devoted to the amusement of the general
public such as theaters, bowling alleys, indoor amusement arcades
and health clubs. Incidental food service is also included.
Any material or device which has the effect of intensifying
reflected light, such as Scotchlite (trademark), DayGlo (trademark)
or glass beads.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study.
A community-based residence under public, voluntary, nonprofit
or proprietary sponsorship which provides residential services and
twenty-four-hour supervision to four or more persons. Such a facility
is operated by sponsor-approved staff.
Any establishment, however designed, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. A snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park, or an approved vendor operating the recreational
facilities for the convenience of the patrons of the facility, shall
not be deemed to be a restaurant.
Revision of all or part of an existing filed plat.
The sale of goods and/or consumer services individually or
in small quantities directly to the consumer.
A lot extending between and having frontage on a collector
or arterial traffic street and a local street and with vehicular access
solely from the latter.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
See "junkyard."
A method of reducing the impact of noise, glare and unsightly
visual intrusions with less offensive or more harmonious elements,
such as plants, berms, fences, walls or any appropriate combination
thereof.
Areas that include environmental features such as steep slopes
and unique habitat.
A uses which provides skilled professional labor to consumers,
including insurance offices, restaurants, financial services, business-to-business
consulting, and other similar services.
The least required horizontal distance between the front
lot line, or in instances where sidewalks are present or required
from the interior sidewalk edge, and the principal building measured
at the shortest point. On waterfront lots which border water on one
or more lot lines, the lot line on the road front is considered the
principal front lot line.
The least required horizontal distance between the rear lot
line and the principal building measured at the closest point.
The least required horizontal distance between the side lot
line and the principal building measured at the closest point.
Usually a large deciduous tree (rarely, evergreen) planted
for its high crown of foliage or overhead canopy.
Any enclosed building, 200 square feet or less, and not intended
for habitation.
A grouping of retail and service uses providing a wide range
of such uses, including but not limited to apparel and/or home furnishings.
A woody plant, smaller than a tree, consisting of several
stems from the ground or small branches near the ground; may be deciduous
or evergreen.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter, which is intended to be permanent
in nature and located out-of-doors or on the exterior of any building.
A sign that is temporary in nature with two or more steeply
angled sides.
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed. Structural members bearing no sign copy
shall be included.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area.
A freestanding sign identifying the tenants or occupants
of a nonretail commercial property containing multiple tenants and/or
multiple buildings.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign.
Any sign limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way," "entrance" and
"exit."
A freestanding sign identifying the tenants or occupants
of a commercial property containing multiple tenants.
See "sign, wall."
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure.
A sign which is an integral part of a building facade. The
sign is painted directly on, carved in or otherwise permanently embedded
in the facade.
See "sign, freestanding."
See "sign, perpendicular."
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
A sign designed to give forth artificial light directly from
a source of light within such a sign.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
See "sign, portable."
Any lawfully preexisting sign that does not meet the requirements
of this chapter.
Any sign, other than a wall sign, that is attached to and
projects from the wall or face of a building or structure.
See "sign, freestanding."
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election
or caucus.
A sign, whether on its own trailer, wheels or otherwise designed
to be transported by vehicle towing, and not structurally attached
to the ground, a building, a structure or another sign.
A sign that is mounted upon the roof of a building.
See "sign, A-frame."
Letters on a sign with transparent background, such as lettering
on a window.
A freestanding sign identifying the tenants or occupants
of a shopping plaza.
Any sign that is not permanently affixed to the ground, a
building, or other fixed object or surface. Temporary signs include
but are not limited to contractor signs, realty sales or rental signs,
special event signs, banners for charitable events, or residential
event signs.
A window sign not permanently affixed that does not identify
the tenant, occupant or establishment and is intended to advertise
or otherwise call attention to an event, initiative, cause or other
promotion that is temporary in nature.
A sign attached to and erected parallel to the face of a
building and supported throughout its length by such building.
A sign, intended to be permanent and visible from a sidewalk,
street or other public place, painted or affixed on glass or other
window material or located inside within four feet of the window,
but not including graphics in connection with customary window display
of products.
See Article XIV.
A wireless telecommunications facility that meets all of
the following conditions:
[Added 9-14-2020 by L.L. No. 3-2020]
Each antenna, excluding associated antenna equipment, could
fit within an enclosure of no more than six cubic feet in volume;
All other equipment associated with the antenna is cumulatively
no more than 28 cubic feet in volume;
The facility is mounted on poles or structures that are 50 feet
or less in height, no more than 10% taller than any other adjacent
structure, and do not extend existing structures on which they are
located to a height of more than 50 feet or by more than 10%, whichever
is greater;
The facility does not require antenna structure registration
under 47 CFR Part 17;
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Any occasion, including but not limited to fairs, shows,
exhibitions, Village-wide celebrations, festivals, etc., within a
specifically defined area of the Village of Geneseo for a period of
time not to exceed 10 days.
A permit provided by the Planning Board for a use requiring
review, for uses that are not permitted expressly in a district but
are listed as requiring a special use permit.
Premises on which two or more horses not the property of
the proprietor are boarded or on which horses are maintained commercially
for hire, exhibition, or sale.
Premises on which is maintained not more than one horse not
the property of the proprietor, and including horses of the proprietor
not maintained for commercial purposes; is accessory to a farm or
dwelling.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles and is used for
the display, storage or transportation of goods and/or consumer services
offered for sale by a vendor.
Grade change of 15% or more.
The location of any goods, wares, merchandise, commodities,
junk, debris, or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours.
That portion of a building between the surface of any floor
and the surface of the floor next above, and any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement or cellar shall not be counted.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property. Includes streets, roads, avenues,
lanes or other trafficways, between right-of-way lines.
Arterials generally carry large traffic volumes within and
through urbanized, or developed, areas. They vary from multilane,
divided, controlled-access facilities to two-lane streets. They serve
major areas of activity, carrying a high proportion of an area's traffic
on a small proportion of the area's lane.
Collector streets link neighborhoods or areas of homogeneous
land use with arterial streets. They serve the dual function of land
access and traffic circulation.
That line determining the limit of the highway right-of-way
or the public street, either existing or contemplated.
Local streets are primarily Village streets. Their primary
purpose is access to abutting property.
Local streets located adjacent and parallel to collector
or arterial streets and which provide service for abutting properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A street dedicated to public use.
The width of the right-of-way, measured at right angles to
the center line of the street.
A horizontal band (such as bricks) in a building forming
a part of the design.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A structure which contains multiple uses, such as residential,
retail, office, and/or commercial.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either personally or on behalf of ownership, lessee or building development,
and shall include resubdivision.
The legal division of any tract of land into two or more
lots, plots, sites or other divisions of land for any purpose, whether
immediate or future, of transfer of ownership, lease or building development,
and shall include resubdivision.
A drawing, in final form, showing a proposed subdivision,
containing all information or details required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk.
A person licensed as a land surveyor by the State of New
York.
A swimming pool operated as an accessory use to a residential
dwelling unit or units located on an individual residential lot.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
A structure on which transmitting and/or receiving antenna(s)
are located, including freestanding towers, guyed towers, monopoles,
and other similar structures. Telecommunications facilities or towers
shall exclude small cell wireless facilities.
[Amended 9-14-2020 by L.L. No. 3-2020]
To work at home or some other location remote from one's
place of employment, making use of a computer, telephone, fax, and/or
modem to receive job assignments and send in completed work.
The use of any premises, structure or use for living and/or
sleeping purposes for 180 days or less in any calendar year.
Any activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
An enclosed building, 200 square feet or less, constructed
on a permanent foundation, used for storage of domestic supplies and
noncommercial equipment. Tool or storage sheds are not intended for
habitation.
See "dwelling, attached or row."
A development pattern that caters to the pedestrian requiring
a walkable scale and a mix of residential and commercial uses similar
to a traditional village.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
Those plats existing at the time of the enactment of this
chapter that have been filed in the office of the County Clerk, where
20% or more of the lots within the plat are unimproved.
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A use clearly incidental and subordinate to the principal
use whether located in a principal or accessory building and located
on the same lot therewith. In no case shall such accessory use dominate,
in area, extent or purpose, the principal lawful use or building.
The main use for which a building or lot is used or intended
to be used.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Any individual, including an employee or agent of a group
of individuals, partnership or corporation, who sells or offers to
sell food, beverages, goods or merchandise on any public way from
a pushcart, stand, motor vehicle, or his or her person.
A facility providing animal medical care, run by a licensed
doctor of veterinary medicine (DVM) and which allows overnight animal
patients but is not a boarding facility.
A building designed or used for the storage of goods.
Vehicles both motorized and person-powered which are used
for mobility on the water, including but not limited to motorboats,
canoes, and kayaks.
The buying or selling or arranging for sale of goods or commodities,
usually in bulk, for purchasers other than individual customers, to
include offices, freight distribution centers, large storage facilities
and the use of delivery trucks in the routine operation of the business.
The total area of any single windowpane or series of windowpanes
separated by mullions.
An open space extending the full width of the lot between
the front lot line and the principal building, unoccupied and unobstructed
by any buildings or structures from the ground upward.
An open space extending the full width of the lot between the rear lot line and the required minimum rear setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 130-47.
An open space extending from the front yard to the rear yard between the side lot line and the required minimum side setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 130-47.
The officially established Zoning Board of Appeals of the
Village of Geneseo.
The classification of lands as established in this chapter.
[1]
Editor’s Note: The former definition of “accessory
dwelling,” which immediately preceded this definition, was repealed
2-26-2018 by L.L. No. 2-2018.
