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.
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
AREA, BUILDING
ATTIC
AUTO JUNKYARD
BASEMENT
BILLBOARD
BOARDINGHOUSE
BREWERY
BUILDING
BUILDING GROUP
BUILDING LINE
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
BULK
CAMP
CELLAR
CLUB, MEMBERSHIP
COMMERCIAL VEHICLE
COMMUNITY POLE
CONTRACTOR'S YARD
CORNER LOT
COTTAGE DEVELOPMENT
COVERAGE
CRIME
DAY-CARE CENTER
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DRIVE-IN MOVIE
DUMP
DWELLING
DWELLING GROUP
DWELLING MULTIFAMILY
DWELLING UNIT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
EXTRACTIVE OPERATION
FAMILY
(1)
(2)
FARM
FARM WINERY
FINISHED GRADE
FLOOR AREA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
FRONTAGE
GASOLINE FILLING STATION
HEIGHT OF BUILDING
HOSPITAL
HOTEL
JUNKYARDS
KENNEL
LIGHT INDUSTRY
LOT
LOT LINES
LOT WIDTH
LOT, CORNER
LOT, COVERAGE
LOT, DEPTH OF
LOT, FRONTAGE
LOT, THROUGH
MISDEMEANOR
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MOTEL
NONCONFORMING BULK
NONCONFORMING USE
NURSERY SCHOOL
NURSING OR CONVALESCENT HOME
PREMISES
PRINCIPAL BUILDING
RESIDENCE, RESIDENTIAL
RIDING ACADEMY
ROAD STAND
SETBACK
SIGN
SIGN AREA
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, DIRECTLY ILLUMINATED
SIGN, FLASHING
SIGN, INDIRECTLY ILLUMINATED
SIGN, REPRESENTATIONAL
SINGLE OWNERSHIP
STORY
STORY, HALF
STREET
STREET LINE
STREET WIDTH
STRUCTURE
TERRACE
THROUGH LOT
TOWNHOUSE
USE
VACATION RESORT
VIOLATION
WAY
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
The following words and terms are specifically defined as noted:
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.
A use incidental and subordinate to the principal use or
building and located on the same lot with such principal use or building.
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.
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.
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.
A lot occupied by two or more unregistered motor vehicles
no longer in condition for legal use on the public highway.
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.
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.
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."
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.
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.
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.
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
See "accessory building."
A building surrounded by open space on the same lot.
A building in which is conducted the main or principal use
of the lot on which it is located.
A building having but one side yard and attached by a party
wall to another building normally of the same use on another lot.
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.
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.
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.
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.
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.
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.
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.
See "lot, corner."
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.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A misdemeanor or a felony.
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.
In the following list, each district shall be deemed to be
more restricted than the districts which follow it: A, R, B, I, F.
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.
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.
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.")
A group of from three to nine attached single- or two-family
dwellings separated by party walls. (See also "townhouse.")
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
A building or portion thereof providing complete housekeeping
facilities for one family.
A building containing one dwelling unit only.
A building containing two dwelling units.
The removal of soil, gravel, sand or fill for purposes unrelated
to excavation for construction where the extractive operation is conducted.
Consists of:
One person or two or more persons related by blood, marriage
or adoptions; or
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.
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.
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.
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.
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.
In particular, the "floor area" of a building or buildings shall
include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of seven feet six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
However, the "floor area" of a building shall not include:
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.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Floor space used for mechanical equipment, with structural headroom
of less than seven feet six inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches.
Uncovered steps and exterior fire escapes.
Terraces, breezeways, open porches and outside balconies and
open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
See "lot frontage."
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.
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.
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of human ailments.
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.
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."
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.
Those types of businesses which employ electric power or
other motor power or utilize hand labor for fabrication or assembly.
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.
The lines bounding a lot, as defined herein.
The width of a lot measured along the rear line of the required
front yard.
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°.
See "coverage."
The mean distance from the frontline of a lot to its rear
lines.
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.
A lot with frontage on two streets at opposite ends of the
lot and which is not a corner lot.
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.
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.
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.
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.
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."
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.
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.
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.
A building with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
A lot, together with all the buildings and uses thereon.
See "building, principal."
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:
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local products to the general
public.
The distance in feet from the street line to the principal
building on a lot.
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.
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.
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.
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."
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.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
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.
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
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.
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.
The edge of the traveled portion of the street or other roadway.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
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.
An open, often paved, area connected to a house and serving
as an outdoor living area.
See "lot, through."
A building consisting of a series of one-family attached
dwelling units having party walls between contiguous dwelling units.
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.
An offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days cannot be
imposed.
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
A yard extending along the lot frontage between the side
lot lines. (See "lot frontage.")
A yard extending along the rear lot line between the side
lot lines.
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.
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
|
=
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Agriculture
|
R
|
=
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Residence
|
B
|
=
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Highway Business
|
I
|
=
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Industry
|
F
|
=
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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.