This chapter shall constitute and be known as the "Zoning Ordinance
of the Town of Mount Morris, New York," and may be cited as such.
[Amended 12-21-2000 by L.L. No. 6-2000]
The purpose of this chapter is to encourage appropriate 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 agricultural, residential, commercial, industrial or other uses in appropriate places; and, for said purposes, to divide the Town of Mount Morris into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. This chapter shall also be subject to the provisions of Chapter 19, Environmental Regulations, of the Town of Mount Morris Town Code.
For the purpose of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise. The word "person" includes a firm, association, organization,
partnership, trust, company or individual. The word "shall" is mandatory
and directory. The word "may" is permissive. The word "used" includes
"designed, intended or arranged to be used."
In interpreting, construing and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
protection of the public safety, convenience, prosperity and general
welfare of the public.
Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or those imposing the highest
standards shall govern.
[Added 12-21-2000 by L.L.
No. 6-2000]
The basic regulations governing the use of land and the size
of lots, yards and buildings within each zoning district are established
in this section. In interpreting, construing and applying the provisions
of this chapter, they shall be held to the minimum requirements for
the protection of the public safety, convenience, prosperity and general
welfare of the public. In regard to certain specific uses or exceptional
situations, these basic regulations may be modified by other provisions
of this chapter.
A.
Regulations governing the use of land within the various zoning districts
shall be as set forth in this chapter.
B.
Regulations governing the size of lots, yards and buildings in the
various zoning districts permitted uses shall be as set forth in the
attached Town of Mount Morris Zoning Schedule.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Permitted uses. Uses listed as permitted uses shall require no special
action by the Planning Board before a building permit is granted by
the Code Enforcement Officer.
(1)
Use Class 1 Single-Family Residential includes single-family detached
dwellings.
(2)
Single- and Two-Family Residential includes single- and two-family
dwelling units as detached buildings.
(3)
Cottage Residential includes single-family dwelling units designed
and constructed primarily for seasonal or temporary occupancy.
The regulations, restrictions, uses and boundaries provided
in this chapter and the Official Map may be amended, supplemented,
changed, modified or repealed in accordance with the provisions of
§ 264 and 265 of Article 16 of the Town Law and all other
laws of the State of New York applicable thereto and in accordance
with the following procedures:
A.
Whenever any person, firm or corporation desires that any amendments
or changes be made in this chapter, including the text and/or map,
as to any property in the town, there shall be presented to the Board
a petition requesting such change or amendment. The petition shall
clearly describe the property and its boundaries and shall indicate
the existing zoning district and the requested zoning district. The
petition shall also show existing highways, municipal boundary lines
and state parks, if such exist, within 500 feet of the proposed zoning
change. The petition shall also list the names and addresses of all
property owners bordering the proposed change.
B.
The Town Board shall take action on the petition as is described
in §§ 264 and 265 of the Town Law. Notification and
public hearings shall be in accordance with the requirements of Town
Law §§ 264 and 265, and General Municipal Law §§ 239-l,
239-m, and 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 4-10-1997 by L.L. No. 2-1997; 12-21-2000 by L.L. No. 6-2000]
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. 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 customarily incidental and subordinate to the main
use or 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.
A public or privately owned serviceway less than 24 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.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 1-3-2001 by L.L.
No. 1-2001]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 1-3-2001 by L.L.
No. 1-2001]
Any land, building, structure or premises used for the sale
at retail of new or used motor vehicles, motor vehicle fuels, oils
or accessories or for servicing or lubricating light vehicles or installing
or repairing parts and accessories; but not including repair of heavy
vehicles, major repairing or replacing of motors, bodies, transmissions,
differentials, fenders or painting motor vehicles.
Any automobile gasoline service station as described in these
regulations and containing an accessory convenience store; said convenience
store shall offer groceries and limited prepared foods but shall not
include drive-through food services or accessory entertainment facilities,
such as video games, nor shall prepared food be consumed on the premises.
Establishments for the mechanical repair and service of automobiles,
light trucks and other motor vehicles, but not including collision
work or body work.
[Added 2-12-2009 by L.L.
No. 1-2009]
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers, or the public switched telephone network.
[Added 1-3-2001 by L.L.
No. 1-2001]
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
A dwelling other than a hotel where 10 or more unrelated
persons are housed or lodged for hire, with or without meals.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels and intended for shelter, housing
or enclosure of persons, animals or chattel.
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.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
Any parcel of land on which are located two or more tents,
shelters or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, including
resort and day camp, but not including a trailer park, boardinghouse,
hotel or motel or bungalow colony.
A parcel of land used or intended to be used, let or rented
for occupancy by campers utilizing tents, campers, travel trailers
or other such forms of recreation dwelling.
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade at the
front of the building.
A certificate issued by the Zoning Officer signifying that
a parcel of land is being used in a lawful manner with respect to
the provisions of this chapter.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, but maintaining the density limitation imposed
by said minimum lot area through the provision of open space as a
part of the subdivision plan.
The mean street grade established by town ordinance or, in
the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons.
One or more rooms providing living facilities for one family,
including equipment for cooking, living and sleeping purposes and
provisions for the same.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A building or dwelling unit designed for or occupied exclusively
by one or more persons living as a single nonprofit housekeeping unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building containing two dwelling units and used exclusively
for occupancy by two families living independently of each other or
two single-family dwellings having a party wall in common.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Federal Aviation Administration.
[Added 1-3-2001 by L.L.
No. 1-2001]
Any parcel containing 10 acres or more of land which is used
for gain in the raising of agricultural crops, trees and/or nursery
stock, livestock, poultry or dairy products with a gross annual sales
of not less than $10,000.
Any building used for the housing of agricultural equipment,
product, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm as
defined by this section. The term "farm building" shall not include
farm dwelling.
A camp located on a farm used or designed to be used for
fewer than 10 persons who are transient farm laborers and/or transient
farm laborers and their families, whether or not for compensation.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, for consumption either within the restaurant building, within
a motor vehicle parked upon the premises or for carry-out with consumption
off the premises and whose design or method includes the following
characteristics:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers.
Patrons select items from a limited number of prepared, specialized
items such as, but not limited to, hamburgers, chicken, fish and chips,
pizza, tacos and hot dogs.
The Federal Communications Commission.
[Added 1-3-2001 by L.L.
No. 1-2001]
A parcel of land whose 250 feet of minimum lot width, as
required by the Town of Mount Morris Zoning Schedule, does not consist
of frontage on an approved roadway.
Liquids having a flash point below 200° F., closed cup
tester.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy 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.
An open space extending the full width of the lot between
a main building and the front lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of such main building.
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.
Any garage, other than a private garage, available to the
public, operated for gain, and used for storage, repair, rental servicing
or equipping of automobiles or other motor vehicles.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
[Added 1-3-2001 by L.L.
No. 1-2001]
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof and which is clearly secondary
to the use of the dwelling. It neither changes the character of the
primary use nor has any exterior evidence of such secondary use other
than a small nameplate and does not involve the keeping of a stock-in-trade.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied for sleeping
purposes by transient guests and/or the general public and where only
a general kitchen and dining room are provided within the building
or in an accessory building.
An area, lot or unenclosed shed where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including auto wrecking
yards, used lumberyards and places or yards for use of salvaged homewrecking
and structural steel materials and equipment and places or yards where
two or more disabled, dismantled or partly dismantled vehicles are
situated unhoused; but not including pawnshops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacturing operations, or for the sale, purchase or
storage of used motor vehicles or salvaged machinery to be reused
for the purposes for which originally manufactured.
Any building or lot on which four or more domesticated animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold. A special use permit is required to own and/or operate a
kennel.
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 accessories 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.
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 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, the owner may elect any street lot line as the front lot line. The rear lot line shall be the lot line most distant from the front lot line (see § 48-26G).
The horizontal distance between the side lot lines, measured
at right angles to its depth at the building line.
A parcel of land where two or more mobile homes are parked,
except in the case of a farm, or which is planned and improved for
the placement of mobile homes by the public.
A building or group of buildings, 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.
A building lawfully existing at the time of enactment of
this chapter or amendment thereto which, in its design or location
upon a lot, does not conform to the regulations of this chapter for
the zone in which it is located.
A lot of record lawfully existing at the date of the passage
of this chapter or amendment thereto which does not have the minimum
width or contain the minimum area for the zone in which it is located.
Any use of any building, structure or land lawfully existing
at the time of enactment of this chapter or amendment thereto which
does not conform to the use regulations of the district in which is
situated.
The following permits must be issued by the Town of Mount
Morris to undertake the referenced activity:
Building permit.
Door-to-door solicitors permit.
Flea market permit.
Mining permit.
Refuse hauler permit.
Road cut (driveway) permit.
Seasonal roadside permit.
Sign permit.
Solid fuel chimney permit.
Special use permit.
Subdivision permit.
Temporary commercial sales permit.
A cluster development consisting of a minimum of 50 acres
under a single or corporate ownership with provisions made for residential,
commercial and industrial activities on the same parcel of land in
a planned, controlled environment.
The Town and Village of Mount Morris Joint Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A map, plan or layout of a city, town, section or subdivision
indicating the location and boundaries of individual properties.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this definition, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not
expired.
[Added 1-3-2001 by L.L.
No. 1-2001]
A building in which is conducted the main or principal use
of the lot on which said building or lot is to be used.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward except as hereinafter
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
A dwelling unit that lacks one or more of the basic amenities
or utilities required for all-year or all-weather occupancy.
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. However, 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.
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structure from the ground upward. The required width
of a side yard shall be measured horizontally from the nearest point
of the side lot line to the nearest point of any building.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
Any advertising display on which is shown the products sold,
the name of the enterprise located on that lot or parcel of land or
any other wording which reflects directly upon any on-site business
or other usage thereof.
Any advertising display on which is shown any advertisement
for products or business other than which are sold or have occupancy
on that lot or parcel of land.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
That portion of a building between the surface of any floor
and the surface of the floor next above; also 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 shall be counted, but a cellar shall not be
counted.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are 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.
That line determining the limit of the highway right-of-way
of the public, either existing or contemplated.
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 swimming pool operated as a secondary use to a residential
dwelling unit or units located on an individual residential lot.
A public 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.
An 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.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
[Added 1-3-2001 by L.L.
No. 1-2001]
A dwelling unit, generally having two or more floors and
attached to other similar units via party walls. Townhouses are often
used in planned housing developments, which provide for clustered
or attached housing and common open space.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
The value of a property as a dollar amount derived from the
assessed value shown on the tax card, divided by the equalization
rate prescribed by the state.
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The officially established Zoning Board of Appeals of the
Town of Mount Morris.
A permit issued by the Zoning 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
zone in which it is located or is to be located.
