Signs and billboards shall be subject to the requirements of Chapter
130, Signs, of the Village Code. Sign permits are to be issued by the Code Enforcement Officer.
Regulations regarding fences and/or hedges (not applicable to
farm boundary lines) shall be as follows:
A. Fences on any lot line shall be constructed of materials designed
primarily for use in residential areas.
B. Specifically excluded as acceptable materials are so-called chicken
wire, barbed wire and other farm-type wire fence materials. Design
of fence shall allow transmission of light.
C. No fence shall be over six feet in height from grade and shall not
be built nearer to the street than the front line of the principal
building.
D. No hedge or other landscaping on any lot line shall be over four
feet high. No hedge shall be allowed in the road or street right-of-way.
Other front yard plantings shall at no time create a hazard.
Dumping of refuse, waste material and other substances is prohibited
in all districts in the Village except in a specified area or areas
designated as the "Village dump" by the Village Board or except for
the purpose of filling to establish grades, for which a clearing and
grading permit must be obtained from the Village Planning Board.
Any use of property existing at the time of adoption or amendment
of this chapter that does not conform to the regulations prescribed
in the preceding sections shall be deemed a nonconforming use and
may be continued. Upon application therefor, the Code Enforcement
Officer shall, after satisfactory proof of the prior existence of
such nonconformance has been submitted to him, issue a permit for
the continuance of such use. Such permit shall be irrevocable, except
as herein provided, and shall be evidence of permission to continue
such use.
A. A nonconforming use shall not be extended, and no building may be
erected on premises for the purpose of extending a nonconforming use.
Any building arranged, designed or devoted to a nonconforming use
at the time of the original passage of this chapter shall not be reconstructed,
extended or structurally altered unless such building is changed to
a conforming use, except as it may be reconstructed or extended by
a special grant of the Zoning Board of Appeals under this chapter.
B. A nonconforming use, if changed to a conforming use, may not be changed
back to a nonconforming use, and any change of a nonconforming use
to a conforming use shall automatically revoke a permit issued hereunder.
Any temporary discontinuance of a nonconforming use for a period not
to exceed one year shall not be deemed a change to a conforming use,
but a discontinuance of a nonconforming use for more than one year
shall be deemed an abandonment of such use and may not be subsequently
continued. Nothing in this chapter shall prevent the restoration within
one year of a building destroyed by fire or act of God or prevent
the continuance of the use of such building when so restored, and
this period for restoration may be extended up to three years if within
one year from the date of destruction there is filed with the Village
Clerk a notice of intention to rebuild.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A. Continuation.
Any nonconforming structure which existed lawfully or for which a
valid building permit has been issued at the time of adoption of this
chapter may be maintained.
B. Modification
and replacement.
(1) A nonconforming structure shall be maintained in such condition as
will not constitute a danger to the health, safety, or general welfare
of the public.
(2) Modification.
(a) A nonconforming structure shall not be added to or enlarged or altered
in any manner in a way which increases its nonconformity. All such
modifications which increase the nonconformity shall require an area
variance from the Zoning Board of Appeals.
(b) Should such structure be moved for any reason, it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
C. Replacement.
A nonconforming structure may be replaced on its identical footprint,
within 24 months after its removal, so long as it is not added to,
enlarged, reconfigured or altered in any manner or in a way which
increases its nonconformity. After 24 months, such nonconforming structure
may not be rebuilt on the same footprint but must conform to the regulations
of the district in which it is located.
Manufactured homes, with additions thereto, regardless of type
or construction, shall not be deemed to comply with minimum floor
requirements for residences.
The outside storage of construction materials, portable or temporary
storage units or construction equipment may have a negative impact
on the adjoining properties and is limited by these regulations. No
construction materials of any kind shall be stored outside in any
district, except for the construction of structures to be actually
erected upon the premises where such materials are stored.
A. Portable on-site deliverable storage units are permitted to be on
a property for a period of time not to exceed 45 days. The use of
these shall be limited to no more than twice in any twelve-month period.
B. The Planning Board may approve the outside storage of materials as
part of a site plan approval for nonresidential properties.
C. An individual or business seeking relief for these regulations may
apply to the Zoning Board of Appeals for a variance for outside storage
of materials or portable on-site deliverable storage units.
D. No trailer or metal box trailer, semitrailer or metal or wooden van
camping trailer shall be used as an accessory structure within the
Village of Victor for storage of materials, goods, objects, or occupancy,
or keeping of animals in any district.
E. The above regulations do not apply to activities related to farming
operations, as such are defined within the New York State Agriculture
and Markets Law.
Off-street parking shall meet the following minimum requirements
in order to provide adequate parking to accommodate existing and anticipated
needs in a manner consistent with the character of the community and
its neighborhood.
A. General requirements for off-street parking.
(1) Adequate off-street parking shall be required for all principal and
accessory buildings or uses constructed or expanded after the effective
date of this chapter.
(2) In the Village Center Business District, lots or parcels 0.20 acre
or less shall be exempt from the off-street parking requirements.
(3) At the discretion of the Planning Board, an applicant may receive
credit toward meeting minimum off-street parking requirements when
a project for which approval is being sought is within 150 feet of
municipal parking.
B. Adequate off-street parking space(s) shall be provided in all zoning
districts, and shall comply with the following unless the Planning
Board provides a waiver as described in this section:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Use
|
|
Minimum Spaces
|
---|
Adult entertainment uses
|
|
|
Automobile repair service
|
|
1 per service bay and 1 per 200 square feet of building area
aside from service bay
|
Bank with or without drive-through
|
|
3 per 1,000 square feet
|
Day care
|
|
0.35 per person (licensed capacity)
|
Home occupation
|
|
1 per nonresidential employee and at least 1 client parking
space in addition to space(s) required for the dwelling
|
Commercial lodging (hotel/motel/bed-and-breakfast)
|
|
1 per guest room, plus 1 per 4 persons based on posted occupancy
for restaurant
|
Manufacturing/light industrial
|
|
1.5 per 1,000 square feet
|
Mixed-use structure (See Subsection D, below)
|
|
As required for residential use in this table, plus 1.5 per
1,000 square feet of commercial, retail, office, plus as required
for restaurant in this table
|
Office, professional (including office portion of manufacturing
or warehouse use)
|
|
2.5 per 1,000 square feet
|
Office, medical
|
|
4 per 1,000 square feet
|
Places of public assembly and/or use; theater
|
|
1 per 3 seats or 1 per 100 square feet if no fixed seats (auditorium,
church, etc.)
|
Residential:
|
|
|
Single-family
|
Single-family dwelling unit
|
2 per dwelling unit
|
Multifamily
|
Studio
|
1.25 per dwelling unit
|
|
1 bedroom
|
1.5 per dwelling unit
|
|
2 or more bedrooms
|
2 per dwelling unit
|
SCR-1 District residential
|
|
|
Senior citizen multiple dwellings in the R-1 District
|
|
|
Senior citizen multiple residences in the SCR-3 District
|
|
|
Residential care facility
|
|
0.5 per resident
|
Restaurant/diner
|
|
1 per every 4 persons based on posted occupancy
|
Retail/service business/commercial
|
|
2.5 per 1,000 square feet
|
Warehouse
|
|
1 per 2,000 square feet
|
C. Applicants are encouraged to provide evidence of lesser parking and
loading demand if appropriate.
D. The Planning Board, at its discretion, may waive the minimum required
parking spaces in this section, and allow fewer off-street parking
or loading if warranted based on a parking impact study submitted
by the applicant. In any case where less off-street parking is required,
the Planning Board reserves the right to require the set-aside of
additional open space sufficient to accommodate the amount of off-street
parking which would ordinarily be required.
E. The Planning Board also reserves the right to request additional
information, such as but not limited to expected number of employees,
participants, expected attendance or expected deliveries, relevant
to judging the adequacy of listed parking and loading standards. Such
information may result in application of off-street parking standards
higher than those listed in this section.
F. For uses not listed, the required number of off-street parking or
loading spaces shall be determined by the Planning Board based on
similarity to listed uses and information provided by the applicant.
G. In all cases, the provided off-street parking and loading should
be sufficient to prevent frequent on-street parking by users or employees
or the loading and unloading of passengers or materials from the public
right-of-way in such a manner that is disruptive to traffic.
H. Design requirements shall be as follows:
(1) Each off-street parking space for residential and nonresidential
use shall measure a minimum of nine feet by 18 feet with twenty-six-foot
aisles.
(2) Each off-street parking space and the means of access to the parking
area shall be so designed and maintained and regulated so that no
parking or maneuvering incidental to parking shall be on any public
street, walk or alley and so that any motor vehicle may be parked
and removed without moving or damaging another.
(3) All parking areas, with the exception of one-family and two-family
dwellings, shall be striped. Emergency access lanes shall be identified
as required by the Code Enforcement Officer according to the New York
State Uniform Fire Prevention and Building Code.
(4) Handicapped parking spaces must be provided and designed in accordance
with standards of the New York State Uniform Fire Prevention and Building
Code.
I. Planning for future parking needs.
(1) All areas to be used for parking and site access shall be identified
on the site development plan approved by the Planning Board. Parking
areas shown on the plan will identify all areas to be constructed
for parking and those areas which are set aside for parking expansion.
(2) All sites shall be so designed as to provide sufficient parking to
satisfy the requirements of this code. Parking spaces must be provided
for both immediate and future needs of the site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) The ratio of planned to constructed parking spaces shall be at the
discretion of the Planning Board. Constructed parking shall be based
on the immediate needs of the site.
(4) Consistent parking of vehicles on a public right-of-way or outside
the designated parking areas shall be the primary indicator of need
for converting planned parking areas to functional parking areas.
The need for conversion from planned parking areas shall be at the
discretion of the Code Enforcement Officer and shall be founded in
fact.
J. Residential district parking area standards.
(1) It shall be unlawful for any owner or occupant of any premises to
permit the placement or storage of any unlicensed or unregistered
vehicle or any vehicle without a valid inspection sticker, unless
the vehicle is stored within a wholly enclosed building.
(2) No premises shall provide outside parking for more than one commercially
licensed vehicle of more than 5,000 pounds in weight, as indicated
on currently valid registration, owned and/or regularly used by a
resident of the premises where the vehicle is parked, nor provide
parking, storage or a base of operations for construction equipment
and/or their support equipment.
(3) A trailer, boat trailer, camp trailer, recreational vehicle trailer
or portable hot tub trailer shall be parked or stored only in a rear
yard. Any trailer in excess of 26 feet in length shall be stored only
within a wholly enclosed building.
(4) No off-street parking shall be permitted in any front or exterior
side yard or within five feet of any side or rear lot line, except
in an established driveway. In no event shall any motor vehicle be
parked on the landscaped portion of a yard.
(5) No parking shall be permitted in the public right-of-way except on
the paved portion of a street or alley.
(6) The use of any camp trailer, recreational vehicle trailer or mobile
home as temporary living quarters, for hire or otherwise, is prohibited.