This chapter shall be known as the "Zoning Ordinance of the
Village of Spencerport."
The adoption of this chapter shall not affect or impair any
act done, offense committed or right accrued or acquired or liability,
penalty, forfeiture or punishment incurred prior to the time this
chapter takes effect under the prior Zoning Ordinance of the Village
and all subsequent amendments thereto, but the same may be enjoyed,
asserted, enforced, prosecuted or inflicted as fully and to the same
extent as if this chapter had not been adopted; and all actions and
proceedings commenced under or by virtue of said former ordinance
and the amendments thereto and pending at the time this chapter takes
effect may be prosecuted and defended in the same manner as they might
have been if this chapter had not been adopted.
A.
The Village Board may, from time to time, on its own motion or on
petition, amend, supplement, change, modify or repeal this chapter
pursuant to the provisions of the Village Law applicable thereto.
B.
Upon the filing of a petition or application to amend, supplement,
change or modify this chapter, the Village Board may require the petitioner
or applicant to pay such fees as are from time to time established
by resolution of the Village Board of Trustees.
Except where specifically defined herein, all words in this
chapter shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular; the
word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "shall" is intended to be mandatory;
"occupied" or "used" shall be considered as though followed by the
words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is incidental to that of the
residential building and which is located on the same premises.
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building. Such accessory uses may include,
among others, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation rooms and playrooms.
Laundries for the use of tenants and occupants and in connection
with the management and operation of a residential building.
Maintenance shops and workshops and storage rooms for linen,
bedding, furniture, supplies and tenants' equipment and effects.
Rooms or space for the incidental sale or display of merchandise
to occupants and tenants, such as newspaper, candy and cigar stands.
Garages within a residential building or on the premises thereof
used primarily for the storage of passenger-type motor vehicles.
In commercial districts (B Districts), drive-in or drive-through
service facilities operated in conjunction with a sit-down and carryout
restaurant.
Refer to Article VIII, Adult Uses, this chapter.
A narrow service way providing a secondary public 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.
A building containing three or more dwelling units.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the property lines, excluding external
streets.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
That percentage of the plot or lot area covered by the building
area plus accessory uses.
A structure used for the harboring of more than three dogs
that are more than six months old.
A lot or land or part thereof used primarily for the disposal
or abandonment, dumping, burial, burning, or by 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 designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling" or "multifamily dwelling" shall not be deemed to include
a rooming house or tourist home.
DWELLING, ONE-FAMILYA detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYA building containing not more than two dwelling units occupied exclusively for residential purposes.
A building containing three or more dwelling units.
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families.
A building with one or more sleeping rooms, other than a one-
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
A building with sleeping accommodations for more than five persons
used or occupied as a club, dormitory, fraternity or sorority house
or for similar uses.
A building used or occupied as a convalescent, old-age or nursing
home, but not including private or public hospitals or public institutions.
A group of rooms which is designed for residential occupancy
by a single family, providing housekeeping facilities for such family.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
Any parcel of land containing at least 10 acres, which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
Horses, cattle, swine, sheep, goats, chickens, geese, ducks,
turkeys or similar animals or fowl.
Includes any substantially vertical structure or appurtenance,
regardless of material composition, including vegetation, whether
supported by a foundation, footing, piling, stake, post, aboveground
member or self-supporting, intended as a barrier to prevent escape
or intrusion, to mark a boundary or the proximity thereof, to ensure
privacy or to act as a support for vegetation.
The sum of the gross horizontal areas of the several floors
of the building or buildings measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings. However,
the "floor area" of a building shall not include:
Basement space, except that basement space used for retailing
shall be included for the purpose of calculating requirements for
accessory off-street parking spaces and accessory off-street loading
berths.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches.
Uncovered steps.
On a vacant lot, the distance specified in the appropriate
zoning law; on a lot containing an existing structure, the front line
of the main building on that lot.
Any general sale, open to the public, conducted from a residential
premises for the purpose of disposing of personal property, including
but not limited to all sales entitled "garage," "lawn," "tag," "yard,"
"barn," "attic" or "porch" sale.
An enclosed space for the storage of one or more vehicles
and personal property not intended for resale, provided that no business,
occupation or service is conducted for profit therein nor space therein
for more than one car is leased to a nonresident of the premises.
Any garage not a private garage, which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereon by any means.
The authorization by the proper board of the issuance of
a building permit or certificate of occupancy by the Building Inspector
or other authorized official of the Village.
That space of a building that is partly below grade which
has no more than 30 inches of its height, measured from floor to ceiling,
below grade level and which has no less than five feet of its height
above grade level, measured from floor to ceiling.
An occupation, business or profession which is carried on
wholly within a dwelling unit or in a building or other structure
accessory to a dwelling unit.
Any portable or mobile vehicle used or designed to be used
for permanent living purposes with its wheels, rollers or skids in
place.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that joins any street, for the storage, keeping
or abandonment of junk or scrap materials or the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery or parts
thereof.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The dividing line between the street and the lot.
A single person or persons who rent rooms which do not have
cooking facilities and which rooms are used primarily for resting
and sleeping.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
Any line dividing one lot from another.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines measured in the general direction of its side lot lines.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets.
The mean width measured at right angles to its depth.
A building, structure or use of land existing at the time
of enactment of this chapter or amendment thereto and which does not
conform to the regulations of the district or zone in which it is
situated.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any dwelling with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
The area required for parking one automobile which, in this
chapter, is held to be an area nine feet wide and 20 feet long, not
including passageways.
[Amended 2-2-2022 by L.L. No. 4-2022]
Property which is owned, utilized and maintained by an individual
or member of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which is purchased for resale or obtained on consignment.
Includes any substantially vertical structure or appurtenance,
regardless of material composition, including vegetation, whether
supported by a foundation, footing, piling, stake, post, aboveground
member or self-supporting, intended to ensure privacy and/or prevent
aesthetic damage by screening from view a particular portion of a
lot or structure such as a garden, swimming pool, patio, etc., but
specifically not intended to mark a boundary or the proximity thereof.
A dwelling occupied by one family with three to 10 rooms
rented to boarders, roomers or lodgers in the same household, who
are lodged with or without meals and in which there are provided such
services as are incidental to such use. A rooming house or a furnished
rooming house shall be deemed a "boardinghouse."
A building or group of buildings divided into separate compartments
used to meet storage needs of small businesses and individual users;
these may include refrigerated facilities. This definition is intended
to include structures that are sometimes referred to as "mini storage
facilities" or "mini warehouses."
Any accessory building in which horses or other animals are
kept for private use and not for hire, remuneration or sale.
A building in which any horses or other animals are kept
for remuneration, hire or sale.
Lack of use of an object for its intended purpose for a period
of time exceeding 60 consecutive days.
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.
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the distance from the top surfaces of the floor to the top
surface of the ceiling joists.
A public or private way which affords the principal means
of access to abutting properties.
A portable or permanent private swimming pool or tank, artificially
constructed, installed or maintained upon any premises by any person
for his own use or his family's use or for the use of his guests or
invitees, and shall also mean and include a portable or permanent
wading pool or tank, artificially constructed or installed, not designed
or used for swimming.
A building or part of a building devoted to the showing of
moving pictures on a paid-admission basis.
A dwelling unit in which sleeping accommodations for more
than two and fewer than 10 persons are hired out for transient occupancy,
primarily for overnight use by automobile travelers.
A device intended to be drawn behind any type of vehicle
for recreational or transporting purposes.
A building, or part of one, used for the storage of raw material,
manufactured goods or merchandise.
An open, unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open, unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open, unoccupied space on the same lot with the building
situated between the building and the sideline of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a sideline.
A single-family detached dwelling unit in which one side
wall of the unit has been placed on a lot line or at a maximum of
three feet from the side yard lot line.
For the purpose of promoting the public health, safety, morals
and general welfare of the community, the Village of Spencerport is
hereby divided into the following types of districts:
A.
The areas of the foregoing districts are bounded and defined as shown
on the map entitled the "Official Zoning Map of the Village of Spencerport,"
which map, with all explanatory matter thereon annexed, is hereby
made a part of this chapter, to be duly certified as such by the Village
Clerk and posted and filed according to law.[1]
[1]
Editor's Note: A copy of the Zoning Map is on file in the
Village offices.
B.
There shall exist only one Official Zoning Map, which shall be kept
in the office of the Village Clerk, and it shall bear the Seal of
the Village of Spencerport, a certification that it is the Official
Zoning Map of the Village of Spencerport and its date of adoption.
Changes made in district boundaries or other matters portrayed on
the Zoning Map under the provisions of this chapter shall be permanently
affixed to the Zoning Map promptly after the amendment has been approved
by the Village Board of Trustees and shall convey information as to
the date and nature of the change. No amendment to this chapter which
involves matter portrayed on the Zoning Map shall become effective
until such change and entry has been made on said map and has been
attested by the Village Clerk. Should the Zoning Map become damaged,
destroyed, lost or difficult to interpret because of the changes and
additions, the Village Board of Trustees may by resolution adopt a
new Zoning Map to supersede the former map. The new Zoning Map shall
bear a statement which explains that it supersedes the prior map and
gives the dates of adoption of both the prior map and the new Zoning
Map. If possible, the prior map and the records of its adoption and
amendments shall be preserved.
Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, used, moved, reconstructed, changed
or altered unless in conformity with the regulations of this chapter.
B.
No building shall hereafter be erected or altered to exceed the height,
to be of lesser size, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have a
narrower or smaller rear yard, front yard, side yard or inner or outer
court than is specified herein for the district in which such building
is located.
