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Town of Urbana, NY
Steuben County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Town of Urbana, Steuben County, New York, which is situate outside of the Village of Hammondsport, New York, and for said purposes divides the Town into zoning districts.
This chapter shall be known and may be cited as Chapter 105 of the Code of the Town of Urbana, Steuben County, New York, and such legislation is a zoning law.
These regulations are enacted pursuant to § 10 of Article 2 of the Municipal Home Rule Law and Article 16 of the Town Law, Chapter 61 of the Consolidated Laws to protect and promote the public health, safety, morals, comfort, convenience, economy, Town aesthetics and the general welfare and for the following additional purposes:
A. 
To promote and effectuate the orderly physical development of the Town of Urbana in accordance with the Comprehensive Development Plan.
B. 
To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.
C. 
To control the spread of strip business development and provide for more adequate and suitably located commercial facilities and consequently eliminate many roadside hazards and add to community attractiveness.
D. 
To create a suitable system of open spaces and recreation areas and to protect and enhance existing wooded areas, scenic areas and waterways.
E. 
To regulate building densities in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires, in order to prevent undue concentration of population, in order to lessen congestion on streets and highways and in order to provide efficient municipal utility services.
F. 
To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.
G. 
To realize a development plan properly designed to conserve the use of land and the cost of municipal services.
H. 
To assure privacy for residences and freedom from nuisances and things harmful to the senses.
I. 
To protect the community against unsightly, obtrusive and noisome land uses and operations.
J. 
To enhance aesthetic aspects of the Town.
A. 
Word usage.
(1) 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings.
(2) 
Words used in the present tense shall include the future.
(3) 
Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
(4) 
The word "shall" is always mandatory.
(5) 
The word "may" is permissive.
(6) 
"Building" or "structure" includes any part thereof.
(7) 
The word "lot" includes the word "plot" or "parcel".
(8) 
The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action.
(9) 
The phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
B. 
The following words and terms are specifically defined as noted:
ACCESSORY BUILDING
A building detached from and subordinate to a principal building on the same lot and used for purposes incidental to those of such principal building. Where an "accessory building" is attached to the main building in a substantial manner, as by a wall or roof, such "accessory building" shall be considered part of the main building.
ACCESSORY USE
A use incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATION
A change or rearrangement in the structural parts or existing facilities of a building or structure or any enlargement thereof, whether by extension of any side or by any increase in height or the moving of such building or structure from one location to another.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings on a lot, exclusive of terraces and uncovered steps.
ATTIC
That space of building which is immediately below and wholly or partly within the roof framing. An "attic" with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
AUTO JUNKYARD
A lot occupied by two or more unregistered motor vehicles no longer in condition for legal use on the public highway.
BASEMENT
A story partly below finished grade, but having at least 1/2 of its height, measured from floor to ceiling, not less than four feet above average finished grade. A "basement" shall be counted as one story in determining the height of a building in stories.
BILLBOARD
A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than the lot on which such sign is situated.
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen and a general dining room, in which at least two or more but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist home, bed-and-breakfast or rooming house shall be deemed a "boardinghouse."
BREWERY
A facility, licensed by the State of New York, where beer and/or any fermented beverages of any name or description manufactured from malt, wholly or in part, or from any substitute therefor, is produced and manufactured for sale; a brewery may also contain tasting areas open to the public, retail area offering product sales for off premise consumption and/or items related to or promoting the facility and its products.
BUILDING
Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING GROUP
A group of two or more principal buildings and any buildings accessory thereto, occupying a lot in one ownership and with required yards in common.
BUILDING LINE
The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.
BUILDING, ACCESSORY
See "accessory building."
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which it is located.
BUILDING, SEMIDETACHED
A building having but one side yard and attached by a party wall to another building normally of the same use on another lot.
BULK
A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building; and all open spaces required in connection with a building, other structure or tract of land.
CAMP
Any lot on which there are located two or more motor homes, tents, temporary shelters or other structures used for temporary living purposes, including a day camp, but not including a mobile home park, cottage development, boardinghouse, hotel or motel.
CELLAR
Any space in a building, the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanent affixed sign exceeding one square foot in area of lettering of a commercial nature.
COMMUNITY POLE
A sign owned and maintained by the Town Board or by a group of businesses as approved by the Town Board and which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles or parts thereof, which are in active use by a construction contractor.
CORNER LOT
See "lot, corner."
COTTAGE DEVELOPMENT
Any lot on which there are located two or more cottages, cabins or other accommodations of a design or character suitable for seasonal living purposes, including a summer colony or resort, but not including a camp, mobile home park, boardinghouse, hotel or motel.
COVERAGE
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
CRIME
A misdemeanor or a felony.
DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Welfare for the care of seven or more children for less than 24 hours each day.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
In the following list, each district shall be deemed to be more restricted than the districts which follow it: A, R, B, I, F.
DRIVE-IN MOVIE
An open lot or part thereof with appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
DUMP
A lot of land used primarily for the disposal or abandonment, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building principally used for living quarters by one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" or "dwelling group" shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (See "residence.")
DWELLING GROUP
A group of from three to nine attached single- or two-family dwellings separated by party walls. (See also "townhouse.")
DWELLING MULTIFAMILY
A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
EXTRACTIVE OPERATION
The removal of soil, gravel, sand or fill for purposes unrelated to excavation for construction where the extractive operation is conducted.
FAMILY
Consists of:
(1) 
One person or two or more persons related by blood, marriage or adoptions; or
(2) 
Not more than five persons not necessarily related by blood, marriage or adoption and, in addition, any domestic servants or gratuitous guests, who live together in a single dwelling unit and maintain a common household.
FARM
Any parcel of land consisting of at least 10 acres which is used for the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures and the storage of equipment used. It excludes riding academies and dog kennels.
FARM WINERY
As specified in NYS Alcohol Beverage Control Article 6, § 76-a. In summary a farm winery is an operation which is authorized to produce and sell no more than 150,000 gallons of wine or approximately 63,078 nine-liter cases. In addition to wine, a farm winery is authorized to produce and sell grape juice and other grape-related products like jellies and jams as well as retail trade gifts, wine-related tourists products and wine-making products and supplies from its retail tasting rooms. See New York State Alcoholic Beverage Control Law, § 76-a, for details.
FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line or intersection is not reasonably horizontal, the finished grade, in computing height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building, except that this average shall not exceed 1/2 of the floor-to-ceiling height.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center line of walls separating two buildings.
(1) 
In particular, the "floor area" of a building or buildings shall include:
(a) 
Basement space.
(b) 
Elevator shafts and stairwells at each floor.
(c) 
Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(d) 
Penthouses.
(e) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.
(f) 
Interior balconies and mezzanines.
(g) 
Enclosed porches.
(h) 
Accessory uses, not including space for accessory off-street parking.
(2) 
However, the "floor area" of a building shall not include:
(a) 
Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(b) 
Elevator and stair bulkheads, accessory water tanks and cooling towers.
(c) 
Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
(d) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
(e) 
Uncovered steps and exterior fire escapes.
(f) 
Terraces, breezeways, open porches and outside balconies and open spaces.
(g) 
Accessory off-street parking spaces.
(h) 
Accessory off-street loading berths.
FRONTAGE
See "lot frontage."
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing (which does not require mechanical equipment) or otherwise servicing motor vehicles, but not including auto body work, welding or painting.
HEIGHT OF BUILDING
The vertical distance measured from the average finished grade along the wall of the building or adjacent to the side of the structure to the highest point of such building or structure.
HOSPITAL
A building containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments.
HOTEL
A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.
JUNKYARDS
An area of land, with or without buildings, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken-down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a "junkyard."
KENNEL
Any premises where there are kept four or more dogs more than four months of age or any premises where any number of dogs are kept for the primary purpose of sale or are kept for boarding, care or breeding and for which a fee is charged or paid.
LIGHT INDUSTRY
Those types of businesses which employ electric power or other motor power or utilize hand labor for fabrication or assembly.
LOT
A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings which are united by a common interest, use or ownership and the customary accessories and open spaces belonging to the same. A "lot" shall abut and be accessible from a public or private street.
LOT LINES
The lines bounding a lot, as defined herein.
LOT WIDTH
The width of a lot measured along the rear line of the required front yard.
LOT, CORNER
A lot situated at the junction of and with frontage on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
LOT, COVERAGE
See "coverage."
LOT, DEPTH OF
The mean distance from the frontline of a lot to its rear lines.
LOT, FRONTAGE
A lot line which is coincident with a street line, except that for Keuka Lake shoreline lots, "frontage" also coincides with the mean high-water line.
LOT, THROUGH
A lot with frontage on two streets at opposite ends of the lot and which is not a corner lot.
MISDEMEANOR
An offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.
MOBILE HOME
A structure, transportable in one or more sections, which is eight body feet or more in width and 32 body feet or more in length, built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and including the plumbing, heating, air-conditioning and electrical systems contained therein. A mobile home shall have been built in conformity with the National Mobile Home Construction and Safety Standards Act of 1974.
MOBILE HOME PARK
A tract of land which is used for the placement of two or more mobile homes or modular homes for occupancy, excluding sales yards where mobile homes are displayed but not connected to utilities.
MODULAR HOME
A building that is factory-built in compliance with a construction code other than the National Mobile Home Construction and Safety Standards Act of 1974.
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabin" or "roadside hotel."
NONCONFORMING BULK
That part of a building, other structure or tract of land which does not conform to one or more of the applicable bulk regulations of this chapter, either following its effective date or as a result of subsequent amendment thereto.
NONCONFORMING USE
Any use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either following the effective date of this chapter or as a result of subsequent amendment thereto.
NURSERY SCHOOL
Any place, however designated, licensed by the State of New York, operated for the purpose of providing daytime care or instruction for two or more children, from two to five years of age inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers. Children residing in the subject premises shall not be included in this total number.
NURSING OR CONVALESCENT HOME
A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
PREMISES
A lot, together with all the buildings and uses thereon.
PRINCIPAL BUILDING
See "building, principal."
RESIDENCE, RESIDENTIAL
A building or any part of a building which contains living and sleeping accommodations for permanent occupancy, including one-family, two-family, multifamily, boarding, fraternity and sorority houses. However, "residence" shall not include:
(1) 
Transient accommodations, such as hotels, motels, camps, vacation resorts and hospitals; or
(2) 
That part of a building containing both residences and other uses which are used for any nonresidential uses, except accessory uses for residences.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation.
ROAD STAND
A light structure with a roof, either attached to the ground or movable, intended for the sale of local products to the general public.
SETBACK
The distance in feet from the street line to the principal building on a lot.
SIGN
Any structure or part thereof or any device attached to a structure or painted or represented on a structure which shall display or include any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as or which is in the nature of an announcement, direction or advertisement. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights, outlining or hung upon any part of a building or lot for the purposes mentioned above but does not include the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civil, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature.
SIGN AREA
The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidentally on the premises.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A sign offering the sale or rental of the property on which it is displayed shall be deemed a "business sign."
SIGN, DIRECTLY ILLUMINATED
A sign which incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent material or electricity-activated gaseous material or other fluorescent substance.
SIGN, FLASHING
An illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
STORY
That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREET
An existing public or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by all appropriate official agencies, including the Town Planning Board, and/or recorded in the office of the County Clerk.
STREET LINE
The edge of the traveled portion of the street or other roadway.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTURE
A static construction of building materials, including buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings, whether mobile or stationary at the time, and the like.
TERRACE
An open, often paved, area connected to a house and serving as an outdoor living area.
THROUGH LOT
See "lot, through."
TOWNHOUSE
A building consisting of a series of one-family attached dwelling units having party walls between contiguous dwelling units.
USE
(1) 
The purpose for which any building, other structure or land may be arranged, designed, intended, maintained or occupied.
(2) 
Any occupation, business activity or operation conducted or intended to be conducted in a building or other structure or on land.
VACATION RESORT
Any lot on which are located two or more cabins or cottages or a hotel or group of buildings containing living and sleeping accommodations hired out for compensation which has a public lobby serving the guests and may contain one or more dining rooms and recreation facilities of a design and character suitable for seasonal or more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise.
VIOLATION
An offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of 15 days cannot be imposed.
WAY
A thoroughfare, however designated, permanently established for passage of persons or vehicles.
YARD, FRONT
A yard extending along the lot frontage between the side lot lines. (See "lot frontage.")
YARD, REAR
A yard extending along the rear lot line between the side lot lines.
YARD, REQUIRED
That portion of the open area of a lot extending open and unobstructed from the ground upward along a lot line for a depth or width as specified by the area and bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDE
A yard extending along a side lot line from the front yard to the rear yard.
In order to fulfill the purposes of this chapter, the Town of Urbana, Steuben County, New York, establishes and hereby divides the Town into the following zoning districts:
A
=
Agriculture
R
=
Residence
B
=
Highway Business
I
=
Industry
F
=
Floodplain
District boundaries for zoning districts within the Town of Urbana shall be as follows:
A. 
Agriculture: all area in the Town except the Village of Hammondsport and other zoning districts.
B. 
Residence.
(1) 
All area between the Keuka Lake shoreline and New York State Route 54 and New York State Route 54-A.
(2) 
All area along Steuben County Route 88 west of the Village of Hammondsport to the industrial area of Vogt Hill Road, south of the road to the floodplain and 300 feet north of road.
(3) 
All area south of the Village of Hammondsport, bordered on the west by the floodplain, on the south by New York State Route 54 and on the east by the school and Town property.
C. 
Highway Business: all area bordered by New York State Route 54 and Back Valley Road, extending across New York State Route 54 to the floodplain.
D. 
Industrial: all area bordered on the north by Germania Road, on the east by the land of Vintners International, on the south by Keuka Inlet and on the west by Steuben County Route 88. Also, all real property owned by Mercury Aircraft, Inc., situate in the Town of Urbana outside the Village of Hammondsport, New York. Both areas are determined by ownership of record as of June 1, 1988.
A. 
The location and boundaries of said zoning districts are shown on the map designated "Official Zoning Map of the Town of Urbana," adopted on February 8, 1988, and certified by the Town Clerk. Said Map, together with everything shown thereon and all amendments thereto, is hereby adopted.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
B. 
An amendment to the Zoning Map was duly adopted on June 15, 1988, prior to adoption of this chapter.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A. 
Where district boundaries are indicated as approximately following the center lines or rights-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility or watercourse is moved up to a maximum of 50 feet.
B. 
Where district boundaries are indicated as approximately following the Town boundary lines, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C. 
Where district boundaries are so indicated that they are approximately parallel to the Town boundary lines, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
D. 
Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion.
E. 
In all other cases, where not dimensioned, the location of boundaries shown on the Map shall be determined by the use of the scale appearing thereon, but in no instance will a district depth be less than the specified minimum lot depth shown for each district in §§ 105-15, 105-16, 105-17, 105-18 and 105-19.
F. 
In the event that an agreement cannot be reached upon any boundary determination, an aggrieved party may appeal the determination of the Zoning Enforcement Officer to the Zoning Board of Appeals.