A.Â
This chapter is adopted pursuant to the authority
conferred by Article 7, § 7-700, of the Village Law of the
State of New York and by Article 2, § 10, of the Municipal
Home Rule Law.
B.Â
This chapter shall be known and may be cited as the "Zoning Law of the Village of Massena" and is Chapter 300 of the Code of the Village of Massena.
C.Â
Purpose.
(1)Â
The purpose of this chapter is to regulate and to
provide for: the location and use of buildings, structures and land
for trade, industry, residence and other purposes; the height, number
of stories and size of buildings and other structures; the percentage
of lots that may be occupied; the size of yards and other open spaces;
and the density of population; the protection of solar access for
both residential and commercial use.
(2)Â
For such purposes, this chapter shall divide the Village
into districts and provide penalties for the violation of the provisions
thereof, for the enforcement thereof and for a Board of Appeals with
the power to determine and vary the application thereof in harmony
with the general purpose and intent of the chapter.
A.Â
Districts. For the purpose of this chapter the Village
of Massena is hereby divided into eight classes of districts:
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Residential A District (single-family residences)
R-A
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Residential B District (one and two-family residences)
R-B
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Residential C District (one-, two- and multifamily
residences) R-C
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Central Business District CBD
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Commercial Transition District CTD
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Commercial Auto-Related District CAR
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Planned Development District PDD
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Greenbelt-Preservation District G-PD
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B.Â
Map.
(1)Â
The boundaries of these districts are hereby established
as shown on the map entitled "Zoning Map of the Village of Massena,
County of St. Lawrence, State of New York," and signed by the Mayor
and Clerk of the Board of Trustees. A certified copy of said map shall
be filed in the office of the Code Enforcement Officer. The Zoning
Map and all notations, references and other information shown thereon
are hereby made a part of this chapter.
(2)Â
The district boundary lines are intended in the main
to follow lot lines as they existed at the time of the enactment of
this chapter; but where such a boundary line obviously does not coincide
with lot lines, or where it is not the center line of a railroad right-of-way
or street or of a watercourse, or the shoreline of a body of water,
or where it is not located by dimensions shown on the map, its position
shall be as shown on a set of detailed tax maps showing property boundaries
at the time of adoption. This set of maps shall be certified by the
Village Clerk and shall be kept at that office.
(3)Â
In all other cases where dimensions are not shown
on the map, the location of boundaries shown on the map shall be as
interpreted by the Code Enforcement Officer.
(4)Â
In all cases where a district boundary divides a lot
and more than 50% of the area of such lot lies in the less restricted
district, the regulations prescribed by this chapter for the less
restricted district shall apply to such portion of the more restricted
portion of said lot which lies within 30 feet of such district boundary.
For the purposes of this section, the more restricted district shall
be deemed that district subject to regulations which prohibit the
use intended to be made of said lot or which require higher standards
with respect to coverage, yards, screening, landscaping and similar
requirements.
A.Â
Zoning affects every structure and use. No building,
structure, including billboards and fences, or premises shall hereafter
be used and no building or part thereof shall be erected, raised,
moved, reconstructed, extended, enlarged or altered except in conformity
with the regulations herein specified for the district in which it
is located. No existing yard shall be diminished below the requirements
of this chapter. No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
B.Â
Continuing existing uses. Any building, structure
or use legally existing at the time of enactment of this chapter may
be continued even though such building, structure or use does not
conform to the provisions of this chapter for the district in which
it is located.
C.Â
Extending existing uses or structures. Nothing contained
in this chapter shall require any change in the plans, construction
or designated use of a building complying with local laws in force
prior to the effective date of this chapter if the following is found
to exist:
(1)Â
A building permit shall have been duly issued prior
to the date of the first publication of notice of the public hearing
on this chapter.
(2)Â
The entire building shall have been completed in accordance
with such plans as have been filed with the Village within one year
from the effective date of this chapter.
D.Â
Nonconforming uses changed. Any nonconforming use,
if once changed to a use permitted in the district in which it is
located, shall not be changed back to a nonconforming use. If a nonconforming
use is not continued for a period of one year, it shall not he reestablished
as a nonconforming use.
E.Â
Replacing damaged buildings. Any nonconforming building
or structure damaged more than 75% of the fair market value at the
time of damage by fire, flood, explosion, earthquake, war, riot or
act of God cannot be so reconstructed and used as before such calamity,
but if less than 75% is so damaged, it may be so reconstructed or
used, provided that this is done within 12 months of such calamity.
Fair market value shall be determined by the Code Enforcement Officer
and the Assessor.
F.Â
Restoring unsafe buildings. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition of
any part of any building or structure declared unsafe by the Code
Enforcement Officer.
G.Â
Any use not permitted by this chapter shall he deemed
to be prohibited. Any list of prohibited uses contained in any section
of this chapter shall be deemed to be not an exhaustive list but to
have been included for the purposes of clarity and emphasis and to
illustrate, by example, some of the uses frequently proposed that
are deemed undesirable and incompatible.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate structure on the same lot as the principal
building, occupied or devoted to a use incidental to the principal
use of the lot.
A use incidental or subordinate to the principal use of land
or of a building. In buildings restricted to residence use, the office
of a professional and customary home occupations shall be deemed accessory
uses.
A narrow service way providing a secondary public means of
access to abutting properties and not intended for general traffic.
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.
The total area within the property lines, excluding external
streets.
The removal of any parts from any type of motor vehicle for
the purpose of storage or resale.
[Added 10-2-2007 by L.L. No. 2-2007]
Day care in a family home for not more than two nonresident
children. A local permit is required. Babysitting as a home occupation
is distinguished from babysitting on an intermittent and casual basis
such as is commonly done by a nonresident younger person in the home
of a child.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
See "tourist home."
That Board established by the Village Board of Trustees pursuant
to Village Law § 7-712.
Land area used to visibly separate one use from another or
to shield or block noise, lights or other nuisances.
The area of a lot remaining after the minimum yard and open
space requirements of the zoning regulations are met. See area requirements
for each district.
Any structure having a roof supported by columns or by walls.
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. All dimensions
shall be measured between the exterior faces of walls.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors, solar energy systems and
covered porches, whether enclosed or unenclosed, but does not include
steps.
A building in which is conducted the main or principal use
of the lot on which the building is situated.
A tract of land which is used or held out for the commercial
purpose of supplying to the public sites for two or more tents or
recreational vehicles.
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.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purpose
of such club.
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land facilities
in the development, is owned by all of the owners on a proportional,
undivided basis. The owner has title to the individual dwelling and
a shared interest in the common elements.
[Added 9-4-2001 by L.L. No. 2-2001]
A person or business that contracts with land owner or agents
of any building or lot in the Village to perform any work for compensation.
[Added 9-4-2001 by L.L. No. 2-2001]
A retail business selling nondurable consumer products, including
but not limited to groceries, prepared and packaged foods and gasoline.
[Added 9-4-2001 by L.L. No. 2-2001]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That percentage of the plot or lot area covered by the combined
building area of all buildings.
Day care for three or more children away from their homes
in a day-care center, excluding day care in a family home. Care includes
services provided with or without compensation. Day-care centers are
as otherwise defined and regulated in NYCRR, Part 418. Both local
and state permits are required.
Day care in a family home for three to six nonresident children.
Care includes services provided with or without compensation. Both
local and state permits are required. Day care in a family home shall
be as defined and regulated in NYCRR, Part 417.
A lot or part thereof used primarily for the disposal, by
abandonment, dumping, land filling, burial, burning or any other means
and for whatever purpose, of garbage, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof or waste, scrap or
discarded material of any kind.
A detached building or portion thereof containing three or
more dwelling units, including a building used or designed as a residence
for three or more families living independently of each other and
doing their own cooking therein, including apartment houses, apartment
hotels and group houses.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A building or portion thereof designed for complete housekeeping
facilities for one family, with a minimum area of 450 square feet.
One or more persons who live together in one dwelling unit
and maintain a common household, whether or not related by blood,
marriage or adoption, and also including domestic servants and gratuitous
guests. In the event that no two persons are related by marriage or
blood, the maximum number of persons shall not exceed seven.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings.
A garage which is accessory to a residential building and
is used primarily for the parking and storage of vehicles owned or
operated by the residents of dwelling units located in such building,
and not as a separate commercial enterprise available to the public
at large, and which has a capacity of not more than three vehicles
for each dwelling unit located in such building.
[Amended 9-4-2001 by L.L. No. 2-2001]
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, greasing,
washing, servicing, adjusting or equipping of automobiles or other
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 incidental sale of motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing, cleaning or otherwise servicing motor vehicles,
but not including body work or painting thereof by any means.
The complete surfaces of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto.
A structure which is specifically designed, constructed and
used for the culture and propagation of horticultural commodities.
[Added 9-4-2001 by L.L. No. 2-2001]
Unless otherwise specified, includes sanatorium, hospital,
clinic, rest home, nursing home, convalescent home, group home, community
residence and any other place for the diagnosis, treatment and/or
other care of ailments, and shall be deemed to be limited to places
for the diagnosis, treatment or other care of human ailments and conditions
such as addiction, developmental disability or old age.
The vertical distance measured from the average elevation
of the proposed finished grade within 20 feet of the structure to
the highest point of the structure.
An occupation or a profession which:
Is carried on wholly within the principal building
or within a building or other structure accessory thereto.
Is operated by the family residing in the dwelling
unit.
Is clearly incidental and secondary to the principal
use as a dwelling unit.
Conforms to the following additional conditions:
Not more than one nonresident shall be employed
in the home occupation.
There shall be no exterior display, no exterior sign (except as permitted under § 300-21), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the premises.
There shall be no sale of merchandise not produced
on the premises.
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
Includes, but is not limited to, the following:
However, a home occupation shall not be interpreted
to include the following: automotive repair (including body work),
restaurants or any use where merchandise is kept for resale.
An establishment for the medical and/or surgical care of
sick or injured animals.
A multiple dwelling used primarily for the purpose of furnishing
lodging with or without meals for more than 15 transient guests for
compensation.
The commercial use of more than 200 square feet of the open area of any lot for the storage, keeping or abandonment of junk or scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. (NOTE: Residential properties are subject to § 1242.10 of the New York State Uniform Fire Prevention and Building Code and Chapter 186 of the Code of the Village of Massena.
A structure used for the harboring of more than three dogs
that are more than six months old.
A business premises equipped with individual washing machines
and dryers for use by retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling unit and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
the law to be adequate as a condition of the issuance of a building
permit for a building on such land.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a "corner lot" if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
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.
The lines bounding a lot as defined herein.
An interior lot having frontage on two parallel or approximately
parallel streets.
The mean width measured at right angles to its depth.
A dwelling unit which is constructed in accordance with the
regulations as specified in § 1210.1(a) of the New York
State Uniform Fire Prevention and Building Code. For the purpose of
these regulations, manufactured housing shall be deemed the equal
of site-built units.
A standardized reusable steel box used for the storage and
movement of materials and products within a freight transport system.
[Added 12-15-2020 by L.L.
No. 3-2020]
A dwelling unit intended for transport on a permanent chassis,
in one or more sections, designed for relocation with only minor preparation
such as reattachment of wheels, lights and towing apparatus and manufactured
in accordance with the regulations as specified in § 1221.1
of the New York State Uniform Fire Prevention and Building Code.
A site with required improvements and utilities for the long-term
parking and occupancy of mobile homes, which may include services
and facilities for the residents.
A multiple dwelling intended primarily for motorists and
not over two stories in height, in which the exit from each dwelling
unit or sleeping room is directly to the exterior. (Includes but is
not limited to the terms "motor court," "motor hotel," "tourist court.")
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles, including
body work and painting.
A building, structure or use of land legally existing at
the time of enactment of this chapter 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 and instruction
for two or more children and operated on a regular basis. Both local
and state permits are required. A nursery school shall be as defined
and regulated in NYCRR, Part 8, § 125.
Any licensed facility where, by reason of advanced age, chronic
illness or infirmity, persons are housed or lodged and furnished with
meals and nursing care for hire; a long-term care facility.
An unoccupied space open to the sky on the same lot with
the building.
The area required for parking one automobile, which in this
chapter is held to be an area 20 feet long and nine feet wide.
That board established by the Village Board of Trustees pursuant
to Village Law § 7-718.
The office or place of business where professional services
are offered and does not mainly involve the sale of goods or the keeping
of a stock-in-trade. "Professional offices" include, but are not limited
to: doctors, dentists, surgeons, attorneys, architects, engineers,
planners, accountants, real estate brokers, insurance brokers, psychologists,
veterinarians and chiropractors, or other duly licensed or certified
professional.
[Added 9-4-2001 by L.L. No. 2-2001]
Any dwelling in which three or more persons either individually
or as families are housed or lodged for hire. Rooms rented in such
houses shall not be equipped with kitchen facilities.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
The word "sign" includes the word "billboard," but does not include
the flag, pennant or insignia of any nation, state, city or other
political unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used) and components
for the distribution of transformed energy. Passive solar energy systems
are included in this definition, but not to the extent that they fulfill
other functions such as structural and recreational.
[Added 9-4-2001 by L.L. No. 2-2001]
A solar energy system that requires external mechanical power
to move the collected heat.
[Added 9-4-2001 by L.L. No. 2-2001]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
The dividing line between the street and the lot; also the
front lot line.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including swimming pools, patios or paved areas.
An owner-occupied private dwelling in which overnight accommodations
are provided or offered for not more than 15 transient guests for
compensation, including bed and breakfast.
A dwelling unit sharing a minimum of one and a maximum of
two walls with an adjoining dwelling unit and having direct exterior
access from the ground floor.
[Amended 9-4-2001 by L.L. No. 2-2001]
A vehicle used for living or sleeping purposes and standing
on its own wheels that is commonly pulled by a passenger car or a
light truck.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See "accessory use."
Terminal facilities available for a fee for the storage of
goods, with or without maintenance facilities.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured along the
shortest distance between the front line of the building and the street
line. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
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 side line 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 side line.
