Except as herein provided, no building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformity with the uses listed as permitted uses in each zone by this chapter and in conformity with the requirements set forth in the schedule;[1] nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
A. 
Intent. The intent of creating Low-Density Residential Districts is to ensure that those unsewered areas of the Town which have been identified on the soils map as having a poor permeability factor for on-site sewage disposal shall generally not be developed to a density exceeding the capacity of the soil to handle it.
B. 
Permitted uses. The following uses are permitted in the LR Low-Density Residential District:
(1) 
Single-family dwellings and customary accessory uses.
(2) 
Farms and customary accessory uses, including no more than one mobile home permitted by special use permit.
(3) 
Planned unit developments (PUD) subject to the requirements of § 48-24.
(4) 
Home occupation uses such as hairdressing, laundering, television and radio repair, lawn mower and bicycle repair and other uses which the Board of Appeals may determine to be similar in nature.
(5) 
Professional home offices, such as a doctor, dentist, lawyer, architect, surveyor, accountant, broker and other professions which the Board of Appeals may determine to be eligible for establishing an office in conjunction with the home.
(6) 
Seasonal roadside business stands for the sale of produce grown on the premises.
(7) 
Signs, in accordance with Article VII.
(8) 
Parking, in accordance with Article VI.
(9) 
Individual mobile homes when they are placed on a lot in an approved mobile home subdivision plot of 25 or more lots.
C. 
Uses permitted with a special use permit. The following uses are permitted with a special use permit, subject to the requirements of Article VIII.
(1) 
Mobile home parks.
(2) 
Hospitals, nursing homes or health-related facilities.
(3) 
Public utility facilities.
(4) 
Campgrounds.
(5) 
Parks, playgrounds, athletic fields, golf courses, riding academies, game preserves and recreational uses where structures or vehicles are parked or erected for more than 14 days.
(6) 
Public and semipublic uses, such as libraries, museums, schools, clubs, cemeteries or similar types of uses.
(7) 
Excavation operations.
(8) 
Airstrips.
(9) 
Auto repair shops, provided that no fuel pumps for the sale of gasoline or fuel products shall be permitted, and further subject to full site plan review under Chapter 37, Site Plan Review, of the Code and further subject to the following:
[Added 2-12-2009 by L.L. No. 1-2009]
(a) 
The minimum lot size upon which an auto repair shop is located shall be three acres and said building shall cover no more than 5% of said lot. The front yard setback shall be 100 feet. The rear yard setback shall be 100 feet and the side yard setback shall be 100 feet.
(b) 
The entire area of the site traveled by motor vehicles shall be hard-surfaced with materials such as gravel or like surfaces.
(c) 
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(d) 
No vehicles shall be permitted to be standing or parked on the premises of an auto repair shop other than those used by the employees in the indirect or direct operations of the establishment unless they are in care, custody and control of the owner of the auto repair shop. All vehicles on site for service or repair shall be parked/stored in such a way as to minimize public view of any such vehicles.
(e) 
No auto repair shop shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution, place of public assembly or Town-, state- or county-owned property. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
(f) 
An auto repair shop shall be screened by a buffer area no less than 25 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the lot line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the auto repair shop. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer may direct the property owner to replace said shrubs.
(g) 
The property shall be maintained so as to avoid all contamination from petroleum and other fluids.
A. 
Intent. The intent of creating High-Density Residential Districts is to identify those areas of the town which have been identified on the soils map as having a good permeability factor for on-site sewage disposal or are provided with public sewers.
B. 
Permitted uses. All uses permitted by right or by a special permitted use under § 48-18B and C shall also be permitted in an HR District, subject to all other provisions of this chapter.
C. 
Requirements applicable to multiple-family dwellings.
(1) 
Multiple-family projects shall not exceed a density of eight units per gross acre.
(2) 
Driveways for ingress and egress shall have a pavement width of at least 22 feet.
(3) 
The minimum distance between buildings in a multiple-dwelling project shall be 25 feet. No multiple dwelling shall be closer to a preexisting single-family or two-family dwelling than 50 feet.
(4) 
Parking areas may be located in any yard other than the front yard, but not closer than 10 feet to any property line, and shall comply with all other requirements of the regulations applicable to all zones in this chapter.
(5) 
Every multiple-dwelling building in a project shall have a minimum setback of 20 feet from all interior roads, driveways and parking areas.
(6) 
Each multiple-dwelling project shall provide a play-ground area or areas at a standard of 400 square feet for each eight dwelling units.
(7) 
Plans for sewage disposal, water supply and drainage shall be reviewed by the Livingston County Health Department. No dwelling in a multiple-dwelling building shall be occupied until such plans have received approval by the County Health Department.
(8) 
The entire area of a multiple-dwelling project shall be attractively landscaped and seeded and maintained at all times. Whenever possible, existing trees shall be retained.
[Added 8-19-2004 by L.L. No. 2-2004]
A. 
Intent. The intent of creating the B-1 Business District is to provide the public with convenient retail, wholesale and service trade facilities while simultaneously stimulating more job opportunities and broadening the tax base.
B. 
Permitted uses. The following uses are permitted in the B-1 Business District:
(1) 
Retail business establishments which are clearly of a community-service nature, such as but not limited to grocery stores; drugstores; stationery, tobacco and newspaper stores; luncheonette and confectionery stores; hardware, appliance and furniture stores; electrical appliance stores; clothing, accessory and jewelry stores; and restaurants.
(2) 
Personal-service establishments which are clearly of a community-service nature, such as but not limited to barber- and beauty shops; shoe repair; tailor shops and dry-cleaning stores; business and professional offices; banks and financial institutions; and funeral homes.
(3) 
Hotels and motels.
(4) 
Other business uses which, in the opinion of the Board of Appeals, are similar in nature and scale to those permitted above.
(5) 
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(6) 
Dwelling units which are accessory to the principal business use, provided that said units are located in the principal building.
(7) 
Wholesale establishments.
(8) 
Signs, in accordance with Article VII.
(9) 
Parking, in accordance with Article VI.
C. 
Uses permitted with a special use permit. The following uses are permitted with a special use permit, subject to the requirements of Article VIII.
(1) 
Public utility facilities.
(2) 
Motor vehicle service stations and garages.
(3) 
Drive-in establishments.
[Added 8-19-2004 by L.L. No. 2-2004]
A. 
Intent. The intent of creating the B-2 Business District is to provide the public with convenient retail, wholesale and service trade facilities while simultaneously stimulating more job opportunities and broadening the tax base. The B-2 District shall encompass the east side of Sonyea Road (New York State Route 36) from the Town line traveling northwest 1,091 feet.
B. 
Permitted uses. The following uses are permitted in the B-2 Business District:
(1) 
Retail business establishments which are clearly of a community-service nature, such as but not limited to grocery stores; drugstores; stationery, tobacco and newspaper stores; luncheonette and confectionery stores; hardware, appliance and furniture stores; electrical appliance stores; clothing, accessory and jewelry stores; and restaurants.
(2) 
Personal-service establishments which are clearly of a community-service nature, such as but not limited to barber- and beauty shops; shoe repair; tailor shops and dry-cleaning stores; business and professional offices; banks and financial institutions; and funeral homes.
(3) 
Hotels and motels.
(4) 
Other business uses which, in the opinion of the Board of Appeals, are similar in nature and scale to those permitted above.
(5) 
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(6) 
Dwelling units which are accessory to the principal business use, provided that said units are located in the principal building.
(7) 
Wholesale establishments.
(8) 
Signs, in accordance with Article VII.
(9) 
Parking, in accordance with Article VI.
(10) 
Single-family and customary uses.
C. 
Uses permitted with a special use permit. The following uses are permitted with a special use permit, subject to the requirements of Article VIII.
(1) 
Public utility facilities.
(2) 
Motor vehicle service stations and garages.
(3) 
Drive-in establishments.
[Added 8-19-2004 by L.L. No. 2-2004]
A. 
Uses.
(1) 
Uses permitted:
(a) 
Single-family.
(b) 
Two-family.
(2) 
Uses permitted by special use permit:
(a) 
Limited retail.
(b) 
Restaurant.
(c) 
Motel.
(d) 
Professional office.
B. 
Area requirements.
(1) 
One- and two-family.
(a) 
Lot size: 14,500 square feet.
(b) 
Lot width: 75 feet.
(c) 
Front yard setback: 40 feet.
(d) 
Side yard setback: 15 feet.
(e) 
Rear yard setback: 35 feet.
(f) 
Maximum building coverage of lot: 25%.
(2) 
Limited retail.
(a) 
Lot size: 20,000 square feet.
(b) 
Lot width at road: 100 feet.
(c) 
Front yard setback: 40 feet.
(d) 
Side yard setback: 25 feet.
(e) 
Rear yard setback: 25 feet.
(f) 
One story.
(g) 
Maximum building coverage of lot: 40%.
(h) 
Parking: one space per 200 square feet of floor.
(i) 
No outdoor display of product.
(3) 
Restaurant.
(a) 
Lot size: 20,000 square feet.
(b) 
Lot width at road: 100 feet.
(c) 
Front yard setback: 40 feet.
(d) 
Side yard setback: 25 feet.
(e) 
Rear yard setback: 25 feet.
(f) 
One story.
(g) 
Maximum building coverage of lot: 40%.
(h) 
Parking: one space per four seats.
(4) 
Motel.
(a) 
Lot size: 40,000 square feet.
(b) 
Lot width at road: 150 feet.
(c) 
Front yard setback: 40 feet.
(d) 
Side yard setback: 15 feet.
(e) 
Rear yard setback: 35 feet.
(f) 
One story.
(g) 
Maximum building coverage of lot: 50%.
(h) 
Minimum room size: 160 square feet.
(i) 
Parking: one space per room.
(5) 
Professional office.
(a) 
Lot size: 14,500 square feet.
(b) 
Lot width at road: 75 feet.
(c) 
Front yard setback: 40 feet.
(d) 
Side yard setback: 15 feet.
(e) 
Rear yard setback: 35 feet.
(f) 
One story.
(g) 
Maximum building coverage of lot: 35%.
(h) 
Parking: one for every 250 square feet of floor area (other than medical and dental floor area).
C. 
All occupancy other than one- and two-family will be subject to site plan review by the Town of Mount Morris Planning Board, including, but not limited to, analysis of the following areas:
(1) 
Site work:
(a) 
Stormwater.
(b) 
Sanitary sewer.
(c) 
Water.
(d) 
Grading.
(e) 
Exterior appearance of building.
(f) 
Enclosure of dumpster.
[Amended 8-19-2004 by L.L. No. 2-2004]
A. 
Intent. The intent of creating an Industrial District is to identify and set aside areas of the Town which are most appropriate for industrial-related uses and will result in a minimum of disturbance or conflict with nonindustrial uses and will stimulate more job opportunities and broaden the tax base.
B. 
Permitted uses.
(1) 
Any use of an industrial nature is permitted which involves only the processing, assembly, packaging or storage of previously manufactured or refined materials, provided that at no time will such use result in or cause:
(a) 
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, objectionable noise, glare or vibration or electrical interference.
(b) 
Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.
(2) 
The following uses are indicative of those which are intended to be permitted:
(a) 
Manufacture of machinery, such as but not limited to small machine parts, office and household machinery, tool and die products, etc.
(b) 
Fabrication of metal products, such as but not limited to metal foil, sheet metal products and household furnishings, etc.
(c) 
Fabrication of paper products, such as but not limited to packaging materials, office and household supplies, stationery, toys, etc.
(d) 
Fabrication of wood products, such as but not limited to boats, boxes, home cabinets and woodworking, furniture and toys, etc.
(e) 
Food and associated industries, such as but not limited to bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, etc.
(f) 
The manufacturing and processing of pharmaceutical and cosmetic products.
(g) 
The manufacturing and processing of plastics and chemical products.
(h) 
Plant nurseries, including retail and wholesale distribution.
(i) 
Office buildings for executive, engineering and administrative purposes.
(j) 
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(k) 
The warehousing or storage of goods and products, such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(l) 
Private garage and storage buildings which are necessary to store any materials, vehicles or equipment on the premises.
(m) 
Signs, in accordance with Article VII.
(n) 
Parking, in accordance with Article VI.
C. 
Uses permitted with a special use permit. The following uses are permitted with a special use permit, subject to the requirements of Article VIII.
(1) 
Public utility uses.
(2) 
Food establishments primarily intended to serve the industrial employees in the District.
D. 
Other provisions and requirements.
(1) 
Each use established in this zone shall set aside a minimum of 15% of the tract for seeding and landscaping and use this area for no other purposes.
(2) 
All industrial processes shall take place within an enclosed building. Incidental storage of materials out of doors shall be permitted. Industrial uses shall be located so as to be a minimum of 50 feet from any property line abutting a nonindustrial use. This fifty-foot buffer strip shall be perpetually maintained with landscape plant material to provide a visual screen between the industrial use and the adjoining nonindustrial use.
(3) 
All principal or accessory buildings housing a use permitted only in an industrial district shall be located at least 100 feet from any other district.
[Amended 8-19-2004 by L.L. No. 2-2004]
The schedule of area, lot and bulk requirements enclosed herein is made part of this chapter.[1] The regulations included in said schedule are hereby established as minimum regulations of this chapter. Municipal facilities deemed necessary and appropriate by the Town Board are hereby exempted from such bulk and area requirements.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.