[Added 12-21-2000 by L.L. No. 6-2000]
A. 
Permitted variations from required areas. The minimum lot, yard and height requirements shall prevail in all cases except as follows:
(1) 
Existing nonconforming lots. In any zone where a nonconforming lot exists as a separate entity at the time of passage of this chapter and where the owner of the nonconforming lot does not own an adjoining lot, the following development is permitted:
(a) 
If the lot is located in a district where residential uses are permitted, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 75% compliance with each of the following requirements for a single-family dwelling, as specified for the district in which the lot is located: lot area, lot width, rear yard, side yard and maximum building coverage.
(b) 
If the lot is located in any remaining districts, then a structure not exceeding two stories (28 feet) in height may be constructed on it for a use permitted in the district in which it is located, provided that the off-street parking and loading requirements of this chapter shall be complied with and that the front, side and rear yards are in keeping with the requirements of said district, except that a side yard of at least 50 feet shall be required whenever such a use abuts an existing residential use or a residential district.
(2) 
Height limitations. District height limitations shall not apply to church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, farm structures, silos, flagpoles, utility poles, radio and television antennas or aerials, utility towers and parapet walls extending not more than four feet above the limiting height of the building. Such structures shall have yards equal to the vertical height thereof. The Board of Appeals, after review by the Planning Board, may waive the height limitations of this chapter as they pertain to elevator apartments and to commercial and manufacturing buildings. In such cases, the Board of Appeals shall determine that such a departure is in the best interests of the municipality, that it will be compatible with and not cause substantial injury to the value of other adjoining property and that adequate off-street parking, loading and fire protection will be provided.
(3) 
Yard exception. Where yards have been established to greater or lesser widths or depths than required by this chapter within 300 feet of the premises for which a building permit application has been filed, the Planning Board may vary the yard requirements so as to be in harmony with the character of the development of the neighborhood.
(4) 
Projections into yards. Projections into required yards shall be permitted as follows:
(a) 
Fire escapes, uncovered stairs and landings, canopies, awnings, eaves or other architectural features not required for structural support may project into the side, front or rear yard not more than a total of three feet.
(b) 
Porches may project into the required rear yard up to 12 feet.
(c) 
Patios may be located in the required side and rear yards not closer than 10 feet to any adjacent property line and may project into front yards up to 15 feet.
(5) 
Changes to conforming uses and buildings. Any conforming use or building may be repaired, maintained, restored or rebuilt to the same dimensions as existed at the time that the use or building was originally constructed or started. Any enlargement or addition to any conforming use must comply in all respects with the regulations of this chapter.
B. 
Unique lots and building locations.
(1) 
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.
(2) 
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Board shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot except as specified in Subsection A(4)(a) and (c)of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located.
(4) 
Side yard of a corner lot. The side of a corner lot, which abuts a street, shall be equal to the required front yard for that street.
A. 
Roadside sales.
(1) 
Motor vehicle sales, other than by licensed automobile dealers in zoning districts permitting commercial sales, shall be limited to one vehicle at any time, not to be displayed within the road right-of-way. Signage is to be limited to windshield or side windows. If not sold within 45 days, motor vehicle must be removed.
(2) 
Construction and household items must also be limited to one item and also removed after 30 days.
(3) 
Residential and/or yard sales (including those referred to as garage, attic, neighborhood, porch and other similar names) shall be limited to four consecutive days.
B. 
Flea markets. Flea markets are to be construed as a commercial enterprise and will be required to follow all of the requirements set forth in the Town of Mount Morris Town Code, including the necessary sanitary facilities as required by the Livingston County Board of Health.
(1) 
Off-road parking facilities are to include a minimum of one space for each vendor and three for patrons.
(2) 
A New York State highway permit will be required where applicable.
(3) 
The market owner will be assessed a yearly permit fee in an amount as set from time to time by resolution of the Town Board per individual vendor, payable to the Town of Mount Morris, prior to May 1 of the current year, valid until December 30 of the year issued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Temporary commercial sales. Transient-type vendors, i.e., furniture sales out of a truck or van, shrimp or fish sales, other types of "medicine show" sales and/or other similar sales.
(1) 
A temporary vendor permit, in an amount as set from time to time by resolution of the Town Board. Permit issuance must include the vendor's name and valid address, as well as the license number of the vehicle/vehicles used.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Door-to-door sales, hawkers, peddlers, sales persons, street merchants, mobile vendors, solicitors, etc.
(1) 
Those sales listed above, as well as other similar sales, will require a permit issued for the number of days the sales campaign is planned. The permit will require a complete list of all sales individuals, names of direct supervisors, their employer as well as the name and address of each manufacturer, publisher or other entity or individual they represent.
(2) 
Fee structure shall be an amount as set from time to time by resolution of the Town Board per day of the anticipated campaign.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
A community service organization, community youth groups and registered charitable organizations are exempt from the above regulations.