Title. This chapter shall be known as the "Zoning Ordinance of the Village of Pittsford, Monroe County, New York."
Purpose. The provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare and the conservation of property values throughout the Village of Pittsford. These provisions are intended to provide for adequate light, air and convenience of access, to secure safety from fire and other hazards and to prevent undue concentration of population by regulating and limiting the height and bulk of buildings, limiting and specifying the size of yards, courts and other open spaces, controlling the density of population and regulating and restricting the location of trades, industries and buildings designed for a specific use.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
Words used in the present tense include the future tense.
The singular includes the plural.
The word "person" includes a corporation as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The word "shall" is always mandatory.
The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A subordinate building or structure on the same lot with a main building or structure, occupied or devoted exclusively to an accessory use.
- ACCESSORY USE
- A use naturally and normally incidental and subordinate to the principal use of the premises.
- A story, the floor of which is two feet or more below grade, but with no more than 1/2 of its height below grade. A "basement," when used as a dwelling, shall be counted as a story for the purpose of height regulation.
- Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
- BUILDING, HEIGHT OF
- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
- CANAL LAND
- Land in the Village owned by the State of New York and a part of the Barge Canal System.
- A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories. 
- That percentage of the lot area covered by the building area.
- CURB LEVEL
- The official established grade of the curb in front of the midpoint of the lot.
- A building designed or used as the living quarters for one or more families.
- DWELLING, MULTIPLE-FAMILY
- A building housing three or more dwelling units occupied
as the permanent residence of a single person or a family. In a multiple-family
dwelling, the occupants of each dwelling unit live independently of
each other and each dwelling unit contains a mailbox, a kitchen, dining
area, living room, bathroom(s), bedroom(s), and laundry facilities
designated solely for the use of the occupants of that dwelling unit.[Amended 7-14-2009 by L.L. No. 14-2009]
- DWELLING, ONE-FAMILY
- A detached building designed for and occupied exclusively
as the permanent residence of one family and containing a mailbox,
a kitchen, dining area, living room, bathroom(s), bedroom(s), and
laundry facilities designated solely for the use of the occupants
of that dwelling unit.[Amended 7-14-2009 by L.L. No. 14-2009]
- DWELLING OR LIVING UNIT
- A room or group of rooms which is designed for residential
occupancy by a single family as its permanent full-time residence[Amended 7-14-2009 by L.L. No. 14-2009]
- DWELLING, TWO-FAMILY
- A building designed for and occupied exclusively as the permanent
residence of two families living independently of each other. In a
two-family dwelling, each dwelling unit contains a mailbox, a kitchen,
bathroom(s), dining area, living room, bedroom(s), and laundry facilities
designated solely for the use of the occupants of that dwelling unit.[Amended 7-14-2009 by L.L. No. 14-2009]
- One or more persons, whether or not related to each other
by blood, marriage or adoption, all living and cooking together as
a single, stable and bona fide housekeeping unit, so long as such
persons together occupy, own, lease or rent a whole of a separate
building or dwelling unit as the functional and factual equivalent
of a "natural family" and use all rooms and housekeeping facilities
in common.[Amended 10-11-1994 by L.L. No. 6-1994]
- (1) It is presumed that a separate building or dwelling unit is occupied by more than one family if any of the following features are found to exist:
- (a) More than one mailbox, mail slot or post office address.
- (b) More than one electric meter.
- (c) More than one gas meter.
- (d) Separate entrances for the segregated portions of the separate building or dwelling unit.
- (e) Partitions barring access between segregated portions of the separate building or dwelling unit.
- (f) Separate written or oral leases or rental agreements with the payment of rent for portions of the separate building or dwelling among its owner and residents.
- (2) Any such presumption, however, may be rebutted by proof satisfactory to the Village Building Inspector that one or more such features found to exist are not, in fact, evidence of occupancy by a second family. A complete report by the Building Inspector in each such case shall be filed with the Village Clerk and be subject to review by the Village Board of Appeals. Should the majority of the members of the Board of Appeals disagree, with the report made by the Building Inspector, the Board of Appeals on its own motion may bring the matter on for consideration of a variance pursuant to the usual public hearing procedures. Sixty days after the report of the Building Inspector has been filed with the Village Clerk and no objections have been raised by the Board of Appeals, the presumption will be deemed in all respects rebutted.
- FILLING STATION
- Any area of land, including structures thereon, that is used or designed to be used for the retail sale of gasoline or oil or other motor vehicle fuel and which may include facilities used for polishing, greasing, washing and cleaning or minor servicing of such motor vehicles.
- GARAGE, PRIVATE
- A building or structure used solely by the occupant of the premises for the storage of not more than three automobiles, one of which spaces may be used for not more than one commercial vehicle not exceeding a rated capacity of 1/2 ton.
- GARAGE, PUBLIC
- A building or structure in or about which business or industry
is connected, directly or indirectly, with the dispensing of fuel,
storage, sale, hiring, servicing, adjusting or equipping of automobiles
or other motor vehicles.[Amended 6-8-2004 by L.L. No. 8-2004]
- GROUND FLOOR AREA
- The area measured from the exterior of the foundation walls, exclusive of attached garages, porches, terraces, breezeways and cellars.
- LOADING BAY
- An area, exclusive of driveways, passageways, maneuvering aisles or other maneuvering space, for the loading and/or unloading of one motor vehicle used for the transport of goods.
- A parcel of land occupied or capable of being occupied by one main building or use and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this chapter.
- LOT, CORNER
- A parcel of land at the junction of and fronting on two or more intersecting streets.
- NONCONFORMING BUILDING, STRUCTURE, LOT OR USE
- A building, structure or use of land lawfully existing prior to the adoption of this chapter or any amendment thereto which does not now conform to the regulations of the district in which it is situated.
- PARKING FACILITY
- A building, structure, lot or part thereof where off-street parking is provided, required or permitted.
- PARKING SPACE
- An area, exclusive of driveways, passageways, maneuvering aisles or maneuvering space, for the parking of one motor vehicle.
- RECREATION AND INSTRUCTIONAL FACILITY, INDOOR
- An establishment providing indoor recreation or instruction
to the public. Typical uses include art, music and dance studios;
health, exercise and fitness establishments; and educational facilities.[Added 7-9-2002 by L.L. No. 4-2002]
- RETAIL BUSINESS
- Selling commodities or goods directly to the public, but
not including such services as business and professional offices,
meeting rooms for private clubs, lodges, fraternal and not-for-profit
organizations and such personal services as a barbershop, beauty shop,
shoe repair, dry-cleaning pickup, tailoring and alterations, photographic
film pickup and automatic teller machines. The term "retail business"
shall also not include an establishment where alcoholic beverages
are sold to the public for consumption on the premises in connection
with the operation of a restaurant.[Added 11-10-1992 by L.L. No. 4-1992]
- A person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished living accommodations in such dwelling unit.
- That portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
- STREET LINE
- The dividing line between a street or highway and the premises fronting thereon.
- STRUCTURAL CHANGE, MAJOR
- Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
- Anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
- The division of a parcel of land or an assemblage of parcels
of land into two or more lots or parcels, for the purpose of transfer
of ownership or building development, or, if a new street is involved,
any division of a parcel of land.[Added 8-14-1990 by L.L. No. 7-1990]
- YARD, FRONT
- An open space extending the full width of the lot between the main building and the street line. The depth of the front yard shall be the distance between the forward-most part of the building and the street line, measured at right angles to the street line.
- YARD, REAR
- An open space extending the full width of a lot between the main building and the rear lot line. The depth shall be measured from the rear lot line to the nearest part of the main building.
- YARD, SIDE
- An open space extending from the front yard to the rear yard between the main building and the side lot line. The width shall be measured from the side lot line to the nearest part of the main building.
Editor's Note: The definition of "coffee shop," added 12-14-1993 by L.L. No. 2-1993, which immediately followed this definition, was repealed 3-14-2000 by L.L. No. 7-2000.
[Amended 6-12-1990 by L.L. No. 6-1990; 3-11-1997 by L.L. No. 3-1997; 2-13-2001; 11-15-2005 by L.L. No. 7-2005; 9-25-2007 by L.L. No. 4-2007; 5-12-2009 by L.L. No. 9-2009; 8-11-2009 by L.L. No. 15-2009]
For the purpose of this chapter, the Village of Pittsford is hereby divided into classes of districts as follows:
R-1 District: Residential
R-2 District: Residential
R-3 District: Residential
R-4 District: Residential
R-5 District: Residential
B-1 District: Retail Business
B-1A District: Special Historic Business District
B-2 District: General Business
B-3 District: Special Business
B-4 Canal Waterfront Business District
LWOD: Local Waterfront Overlay District
M-1 District: Light Industrial
Performance Zoning Overlay District
Historic and Architectural Design District
Said districts are bounded and defined as shown on a map entitled "Official Zoning Map, Village of Pittsford, New York," dated December 11, 1956, as revised from time to time and certified by the Village Clerk, which is hereby made a part of this chapter and is filed for reference in the office of the Village Clerk.
Editor's Note: A "new and modified" Official Zoning Map was adopted 5-12-2009 by L.L. No. 10-2009 and is included at the end of this chapter.
District boundary lines which do not coincide with lot lines, the center line of streets, a railroad right-of-way or a watercourse or are not located by dimensions as shown on the map shall be deemed to be lines connecting established points such as corners or angle points of lots or plots.
Editor's Note: A resolution passed 8-13-1991 read as follows: "BE IT RESOLVED, that § 210-4, Zoning Map, Subdivision B, be interpreted to mean that, for all rights-of-way in the Village of Pittsford, New York, designated as white or blank on the Official Zoning Map of the said Village, the zoning district shows as adjacent and contiguous to the said rights-of-way shall be deemed extended to the center line of each such right-of-way. The rights-of-way shall include all streets, Village, county and state, all State of New York canal waterway properties all railroad and former railroad rights-of-way, including the R.G.&E. right-of-way, and including all private roads or nondedicated streets and rights-of-way used by the public."
Zoning affects every structure and use. Except as hereinafter provided, no building, structure or premises shall be used or occupied, and no building or structure shall be erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein provided for the district in which it is located.
Height, yard and area requirements.
No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have less depth of front or rear yards or less width of side yards, than is specified herein for the district in which such building or structure is located; or to have less ground floor area than is specified in this chapter for the district in which such building or structure is located.
No part of a yard or other open space required about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building or structure.
Subject to the requirements and provisions of § 210-6 as hereinafter set forth, no application for any approvals and/or permits permitted and/or required by the Code of the Village of Pittsford shall be accepted and/or processed with regard to any building, structure, or premises where such building, structure or premises does not conform to all requirements and provisions of the Code of the Village of Pittsford.
[Added 10-27-2015 by L.L. No. 17-2015]
[Amended 2-23-2010 by L.L. No. 1-2010]
A building, structure or use of land existing prior to the adoption of this chapter or any amendment thereto which does not now conform to the regulations of the district in which it is situated shall immediately be altered or changed so as to conform to said regulations. However, a building, structure or use of land existing prior to the adoption of this chapter or any amendment thereto which does not now conform to the regulations of the district in which it is situated may be temporarily continued if the enforcement of this provision would cause serious financial harm to the property owner. In order to establish serious financial harm, it shall be incumbent upon the property owner to show that substantial improvements had been made to the building, structure or land prior to the enactment of this chapter or that a substantial business had been built up over the years by the use of such building, structure or land prior to the enactment of this chapter, and it shall further be incumbent upon the property owner to show that the enforcement of this provision would result in the loss of such substantial improvement or substantial business. Nevertheless, any such building, structure or use of land not conforming to the regulations of the district in which it is situated need not be permitted to continue indefinitely, and the Board of Appeals is empowered to provide reasonable terms for the ultimate termination of any such nonconforming use.
Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
Alterations and repairs. The total alterations and repairs that may be made in a nonconforming building shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed 50% of the assessed value of the building unless said building is changed to a conforming use.
Restoration. A building damaged by fire or other causes may be restored, and the use of such building which existed at the time of the damage may be resumed, provided that such restoration is commenced within a reasonable time after the damage is sustained. Where such restoration will result in a nonconforming use, the Board of Trustees shall determine what provisions of the Zoning Ordinance are to be complied with, and such determination shall be binding even though it may result in an abatement or elimination of such nonconforming use. In making such determination, the Board of Trustees shall consider changes in the circumstances involving the property and the surrounding area, the overall good of the Village of Pittsford and the financial burden resulting from the elimination of all or part of the said nonconforming use.
Extension. A nonconforming use shall not be extended, which prohibition shall include the extension of any such use to any additional portion of an existing structure or to any new addition to an existing structure or any new structure, but the extension of a lawful use to a portion of a nonconforming building which existed prior to the enactment of this chapter may be extended not to exceed 25% of the floor area of the nonconforming building.
[Amended 4-12-2011 by L.L. No. 3-2011]
Abandonment. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be established, and any future use shall be in conformity with the provisions of this chapter.
Construction approved prior to adoption of chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or a more restricted district, and when changed to a use permitted in the more restricted district, its use thereafter shall not be changed to one permitted in a less restricted district.
District changes. When the boundaries of a district shall be changed so as to transfer an area from one district to another, the foregoing provisions shall also apply to land or uses which become nonconforming due to reclassification.
Special exception use permits. Use of a building, structure or land existing pursuant to a special exception use permit granted prior to any amendment of this chapter which no longer conforms to the regulations of the district in which it is situated may continue for the duration of the special exception use permit, and any such special exception use permit may be further extended by the Board which issued the earlier permit, after due notice and public hearing, upon findings that extension of the permit will comply with the standards set forth in § 210-113B(2)(a), , , ,  and .
[Amended 3-14-1989 by L.L. No. 1-1989; 9-14-2004 by L.L. No. 10-2004]
Land in the Village owned by the State of New York and a part of the Barge Canal System shall not be included in computing zoning setbacks or land area by landowners in the Village. This prohibition applies even though a said landowner has a use or occupancy permit from the State of New York.