No single-family or two-family residential lot
shall have erected upon it more than one principal building. No yard
or other open space provided about any building for the purpose of
complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other principal building.
No permit for the construction of any building shall be approved unless such structure has access from an improved street or a street on an official map, plan, approved subdivision or duly filed plat in accordance with Subdivision of Land, Article
XIII.
Where a building lot has frontage on a street
which is proposed for right-of-way widening, the required front setback
shall be measured from such proposed right-of-way line.
All the uses, buildings and facilities, yards,
open space, off-street parking and required landscaping must be contained
within the district in which the use is permitted.
The locations of all buildings on corner lots
and on lots extending between two parallel streets shall comply with
the following requirements: any yard fronting on an improved street
shall be a front yard, one other yard shall be a rear yard, and any
other yards shall be a side yard.
When a new lot is formed so as to include within
its boundaries any part of a former lot on which there is an existing
building or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter, either
with respect to any existing structures or use or any proposed structures
or use.
Except as permitted by §
130-57, Temporary uses and structures, no person shall use or occupy any travel trailer, tent trailer, tent or motor home for living or sleeping quarters within Geneseo for more than 45 days per calendar year.
Kennels shall be subject to the following requirements:
A. Demonstration that the kennel will not create nuisance
conditions for adjoining properties due to noise or odor.
B. Demonstration that all animals will be confined to
the property.
C. Demonstration of adequate methods for sanitation and
sewage disposal.
D. Every kennel and its associated outside dog runs shall
be located at least 200 feet from the nearest dwelling (other than
the owner or user of the property) and at least 100 feet from any
lot line.
Dumping, piling or accumulation of refuse, garbage
(other than in closed containers which are regularly emptied in a
lawful manner), waste material, scrap or other noxious substances
is prohibited.
[Added 10-15-2012 by L.L. No. 2-2012]
Projection into yards shall be permitted as follows:
A. Fire escapes, uncovered stairs, landings, canopies, eaves or other
architectural features not required for structural support may project
into the side, front or rear yard not more than a total of three feet.
B. Porches/decks may project into the required rear yard up to 10 feet.
C. ADA (Americans with Disabilities Act) compliant ramps may project
into the required side, front or rear yard not more than the minimum
distance necessary for compliance with ADA requirements.
Temporary use permits may be issued by the Code
Enforcement Officer for a period not exceeding one year for nonconforming
uses incident to housing and construction projects, including such
structures and uses as the storage of building materials and machinery,
the processing of building materials, a real estate office located
on the tract being offered for sale or a temporary dwelling, such
as a recreational vehicle with appropriate provisions for water supply
and sewage disposal used during construction of a dwelling, provided
that such permits are conditioned upon agreement by the owner or operator
to remove the structure or structures or use upon expiration of the
permit or issuance of any applicable certificate of occupancy. Such
permits may be renewed upon application to the Code Enforcement Officer
for additional periods not exceeding one year.
Residential swimming pools shall comply with
Section 303 of the Property Maintenance Code of New York State,
as well as other relevant sections of the New York Codes, Rules and
Regulations. Pool and deck placement shall comply with structure setback
requirements of the applicable zoning district.
See the definition in Article
I.
A. The occupation or profession shall be carried on wholly within the principal building, unless the Planning Board grants a special use permit to allow the home occupation in an accessory building, subject to the requirements of §
130-20D.
B. No more than two persons not residing in the household
shall be employed in the home occupation.
C. There shall be no exterior display, other than a sign,
no exterior storage of materials and no other exterior indication
of the home occupation or variation from the residential character
of the principal building. Signage regulations for home occupations
are listed in § 130-89B.
D. In accordance with the standards set forth in §
130-67, no offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.
E. No more than 40% of the floor area of the residence
will be allowed for the use of the home occupation.
F. The home occupation shall be conducted without substantial change in the appearance, character, or generation of pollution and traffic of the residence. All home occupations are subject to the special use permit process (see §
130-8C). Such special use permit shall be subject to review and revocation at the Planning Board's discretion.
[Amended 10-15-2012 by L.L. No. 2-2012]
An accessory dwelling unit is permitted in accordance with the Bulk and Use Tables found in Article
XVI, subject to the following standards:
A. The owner(s) of the lot upon which the accessory dwelling unit is
located shall reside within the principal dwelling unit.
B. There shall be no more than one accessory dwelling unit on any lot.
C. An accessory dwelling unit shall only be located in an existing principal
building.
D. The area of an accessory dwelling unit shall not exceed 40% of the
area of the principal dwelling unit or 600 square feet, whichever
is smaller.
E. An accessory dwelling unit shall not have separate utility meters.
F. Any physical alterations to an existing principal building to create
an accessory dwelling unit shall not include a new exterior stairway
or a new exterior entrance, unless required to comply with the New
York State Uniform Fire Prevention and Building Code or to provide
handicapped access.
G. Any physical alterations to an existing principal building to create
an accessory dwelling unit shall be done in such a way so as to facilitate
the assimilation of the accessory dwelling unit into the original
structure when it shall cease to be a lawful accessory dwelling unit.
H. If an accessory dwelling unit is unoccupied for a period of longer
than 12 months, it shall cease to be a lawful accessory dwelling unit.
On the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms for a special use permit, §
130-20D, for a fair, carnival or circus for a period not to exceed three days in any calendar year.
A bed-and-breakfast establishment is permitted in accordance with the Bulk and Use Tables found in Article
XVI, subject to the following standards:
A. A bed-and-breakfast shall only be established in a
single-family detached dwelling.
B. A maximum of five guest rooms and a maximum of 10
overnight guests at any time shall be permitted in any one bed-and-breakfast
establishment.
C. No food preparation, except beverages, is allowed within individual guest rooms. Meal service may only be provided to overnight guests, except in the case of special events or similar functions, subject to the requirements in §
130-66G.
D. All parking areas on property (except driveways) shall
be behind the required building setback line and shall be screened
from the view of adjacent residences to a height of six feet by a
solid screening fence or by dense shrubs and vegetation.
E. The operator of the bed-and-breakfast shall be a full-time
resident of the dwelling in which the bed-and-breakfast establishment
is housed.
F. No exterior evidence of the bed-and-breakfast establishment
shall be allowed, except for parking and either one attached sign
no larger than eight square feet or one freestanding sign in the yard
no larger than 12 square feet. No additional advertising of any kind
is allowed on site. The Planning Board shall have discretion regarding
the location of the attached or freestanding sign.
G. Special events.
[Amended 10-15-2012 by L.L. No. 2-2012]
(1) An event permit shall be required for special events or similar functions
to be held on the premises. An event permit shall either be a single
event permit or a seasonal event permit. Seasonal event permits shall
expire on January 1 of the calendar year following the calendar year
in which they are issued.
(2) The maximum total number of guests for special events shall be limited
as follows:
(a)
Maximum of 30 (including overnight guests) for bed-and-breakfasts
on lots less than five acres in size.
(b)
Maximum of 100 (including overnight guests) for bed-and-breakfasts
on lots of five acres or more in size but less than 10 acres in size.
(c)
Maximum of 250 (including overnight guests) for bed-and-breakfasts
on lots of 10 acres or more in size.
(3) Off-street parking.
(a)
Adequate off-street parking shall be provided for all guests.
(b)
The minimum number of off-street parking spaces provided shall
be one space for every two expected guests.
(4) Permit applications. Applications for event permits shall be made
in writing to the Code Enforcement Officer upon forms prescribed by
and provided by the Code Enforcement Officer and shall contain the
following information:
(a)
The name, address and telephone number of the applicant.
(b)
The location of the building, structures or land where the event
is to be held.
(c)
Whether the application is for a single event permit or a seasonal
event permit.
(d)
A description of event, including type of event, date and time,
duration, and expected number of guests.
(e)
A detailed explanation as to how the impact to surrounding properties will be mitigated. Such explanation shall address traffic and parking, visual impacts, and noise (including compliance with Chapter
77 of the Code of the Village of Geneseo.)
(f)
A map or sketch plan showing the lot and the location of buildings,
temporary structures including tents, ingress and egress, parking,
and event activities.
(5) Review of permit. The Planning Board shall carefully consider the
application for compliance with this article. The Planning Board shall
hold a public hearing on all applications for seasonal event permits,
and may, at its option, hold a public hearing on an application for
a single event permit. The Planning Board shall have the authority
to impose reasonable conditions to mitigate the impact on surrounding
properties.
(6) The Planning Board may, at its option, revoke a seasonal event permit
due to impacts on surrounding properties. The Planning Board shall
hold a public hearing before revoking a seasonal event permit.
(7) An event permit shall be void if the property is found to be in violation of Chapter
77 or
87 of the Code of the Village of Geneseo.
H. The Zoning Board of Appeals shall have the authority
to impose additional reasonable conditions and restrictions as are
directly related to and incidental to the proposed bed-and-breakfast
establishment.