[Amended 6-19-1964]
This chapter shall be known and may be cited
as the "Village of Morrisville Building Zone Ordinance of 1964."
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Where this chapter imposes greater restrictions
upon the use of buildings or requires larger yards, courts or other
open spaces than are imposed or required by existing provisions of
law or ordinance or by any other rules, regulations or permits adopted
or as issued at any time, the provisions of this chapter shall control.
Wherever the requirements of this chapter differ from the requirements
of another ordinance, the more restrictive shall govern.
A.
This chapter shall be enforced by the Code Enforcement
Officer, who shall be appointed by the Board of Trustees. No building
permit or certificate of occupancy shall be issued by him except where
the provisions of this chapter are complied with.
B.
No building or structure shall be erected, added to
or structurally altered in the Village of Morrisville until there
has been filed with the Code Enforcement Officer a plan in duplicate,
drawn to scale, showing the actual dimensions, radii and angles of
the lot to be built upon, the exact size and location on the lot of
the building and accessory buildings to be erected and such other
information as may be necessary to determine and provide for the enforcement
of this chapter. One copy of such plans shall be returned when approved
by the Code Enforcement Officer to the owner upon payment by him of
a fee as set from time to time by the Board of Trustees.
[Amended 6-9-1966[1]]
C.
Where a lot is formed from part of a lot then already
improved, the separation must be effected in such manner as not to
impair any of the provisions of this chapter, whether related to the
then existing improvement or to the proposed new improvement.
The Board of Trustees shall appoint a Board
of Appeals, pursuant to the Village Law.
A.
Creation, appointments and organization. A Board of
Appeals is hereby created. Said Board shall consist of five members.
The Board shall elect a Chairman from its membership, shall appoint
a Secretary and shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Board of Appeals shall have
all the powers and duties prescribed by law and by this chapter, which
are more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
thereto.
(2)
Special permits. To issue special permits for any
of the uses for which this chapter requires the obtaining of such
permits from the Board of Appeals.
(3)
[1]Variances. To vary or adapt the strict application of any
of the requirements of this chapter in the case of exceptionally irregular,
narrow, shallow or steep lots or other exceptional physical conditions,
whereby such strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved but in no other case.
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
and applications made to the Board shall be in writing, on forms prescribed
by the Board. Every appeal or application shall refer to the specific
provision of this chapter involved and shall exactly set forth the
interpretation that is claimed, the use for which the special permit
is sought or the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be.
(2)
Every decision of the Board of Appeals shall be by
resolution, each of which shall contain a full record of the findings
of the Board in the particular case.
The Board of Trustees may from time to time,
on its own motion or on petition, amend, supplement or repeal the
regulations and provisions of this chapter.
A.
Notices.
(1)
The Board of Trustees, by resolution adopted at a
stated meeting, shall fix the time and place of a public hearing on
the proposed amendments and cause notice thereof to be given as follows:
(2)
The notices shall state the general nature of the
proposed amendment.
B.
Whenever the owner(s) of 50% or more of the street
frontage in any district or any specified part thereof shall present
to the Board of Trustees a petition duly signed and acknowledged requesting
an amendment, supplement, change, modification or repeal of the regulations
prescribed for or the Zoning Maps, including said district or said
specified part thereof, it shall be the duty of the Board of Trustees
to hold a public hearing thereon and cause notice thereof to be given
in the manner prescribed above.[2]
[Amended 9-7-1995 by L.L. No. 2-1995]
A.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the inspector designated pursuant to Chapter 91, Fire Prevention and Building Construction.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued.
C.
No change shall be made in the occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed with
the municipality an affidavit of the registered architect or licensed
professional engineer who supervised the construction of the work
or of the superintendent of construction who supervised the construction
and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans and,
as erected, complies with the law governing building construction
or a variance which has been legally authorized. Such variances and
qualifying conditions imposed therewith, if any, shall be specified
in the affidavit.
E.
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
laws, ordinances, rules or regulations and also in accordance with
the application, the inspector shall issue a certificate of occupancy
upon forms provided by him. If it is found the proposed work has not
been properly completed, the inspector shall not issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations.
F.
A certificate of occupancy shall be issued where appropriate,
within 30 days after written application therefor is made.
G.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable laws, ordinances,
rules and regulations and shall specify the use or uses and the extent
therefor to which the building or structure or its several parts may
be put to use.
H.
Upon request, the inspector may issue a temporary
certificate of occupancy for building or structure or part thereof
before the entire work covered by the building permit shall have been
completed, provided that such portions as have been completed may
be occupied safely without endangering life or the public health and
welfare. A temporary certificate of occupancy shall remain effective
for a period not exceeding three months from its date of issuance.
For good causes, the inspector may allow a maximum of two extensions
for periods not exceeding three months each.
[Amended 9-7-1995 by L.L. No. 2-1995; 5-14-2009 by L.L. No.
1-2009]
Any person, firm, entity, or corporation found
to be in violation of any of the provisions of this chapter shall
be guilty of a violation and subject to penalties for each such violation
of a fine not to exceed $250, imprisonment for a time not to exceed
15 days, or both. Each day of continued violation shall be deemed
a separate offense. No provision of this chapter shall be deemed to
limit the authority of the Village of Morrisville to seek and obtain
injunctive relief to ensure compliance with this chapter, or to seek
any other remedy, civil or criminal, which may be available to it
under law.
[Amended 5-8-1980 by L.L. No. 3-1980]
A.
The following definitions apply particularly to this
chapter.
B.
Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "person" includes a corporation as well as an individual;
the word "lot" includes the word "plot."
C.
The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged
or desired to be occupied or used."
D.
ACCESSORY BUILDING
ADULT BUSINESS
(1)
(2)
(3)
(4)
(5)
BED-AND-BREAKFAST
BUILDING
COMMUNITY GARAGE
DRIVEWAY
DWELLING
FAMILY
FUNCTIONAL FAMILY UNIT
GROUP RESIDENCE
HOME OCCUPATION
LOT
LOT LINE
MOBILE DWELLING
MOTOR HOME
MULTIPLE-UNIT DWELLING
NONCONFORMING, PRE-EXISTING LEGAL
NONOWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
OWNER-OCCUPIED TRANSIENT OCCUPANCY LODGING
PARKING SPACE
PUBLIC GARAGE
REAR LOT LINE
ROOMING HOUSE
SIDE LOT LINE
SMOKE SHOP AND/OR TOBACCO STORE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STORY
STREET LINE
TOBACCO
TOBACCO PARAPHERNALIA
TOBACCO PRODUCT
TOURIST HOME
TRAILER
TRANSIENT OCCUPANCY
TRAVEL TRAILER
Unless otherwise expressly stated, the following terms
shall, for the purposes of this chapter, have the meanings herein
indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
For purposes of this chapter, the term "adult business" shall
be defined to include any one or more of the following defined establishments
and/or activities:
[Added 5-14-2009 by L.L. No. 1-2009]
ADULT BOOK- AND/OR VIDEO STOREA commercial establishment which has as a substantial or significant portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following; books, magazines, periodicals, or other printed matter or photographs, films, videos, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental, or viewing on or off the premises. An establishment may have other principal business purposes that do not involve the offering for sale or rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult book- and/or video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book- and/or video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators or exotic dancers, or other similar entertainment or films, motion pictures, videos, slides, or other photographic material, or which utilizes employees, as part of their employment, to regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium, or similar establishment which, for any form of consideration, features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAny motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides, or other photographic reproductions are shown, consisting of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages, or any other treatment or manipulation of the human body, are administered for any form of consideration or gratuity, as part of or in connection with specified sexual activities or where any person providing such treatment or service related thereto exposes specified anatomical areas. This definition shall not be construed to include a hospital, nursing home or medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist, or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
A home occupation in an existing one-family dwelling operated
by the permanent resident(s) of the dwelling who are also on site
and sleeping overnight within the residence while providing short-term
overnight lodging to transient guests, and which offers an on-site
breakfast meal served to such guests, but no other meals.
[Added 1-24-2002 by L.L. No. 1-2002; amended 3-10-2022 by L.L. No. 3-2022]
Any structure other than a mobile dwelling having a roof
supported by columns or by walls and intended for the shelter, housing
or enclosure of persons, animals, or other personal property.
[Added 9-14-2006 by L.L. No. 3-2006]
One capable of housing more than three automobiles, one story
only in height and in which no repairs shall be made.
The portion of a lot used for vehicular ingress and egress
between the lot and the street. All driveways shall have a surface
composed of not less than four inches of asphalt paving, concrete
or crushed stone.
[Added 9-14-2006 by L.L. No. 3-2006]
A building or portion thereof containing kitchen, bathroom,
dining, sleeping and related facilities incidental and necessary to
human habitation, designed and intended as a self-contained housekeeping
unit for exclusive occupancy by one family.
[Added 1-24-2002 by L.L. No. 1-2002; amended 8-18-2003 by L.L. No. 2-2003]
One or more persons occupying a dwelling unit as a common
household, which persons shall be either related by blood, marriage
or adoption, and which may include unrelated individuals in addition
to those who are related by blood, marriage or adoption. Those occupying
a rooming house, fraternity house, hotel or other such group quarters
shall not be considered a "family" for the purposes of this chapter.
[Amended 9-7-1995 by L.L. No. 2-1995; 8-18-2003 by L.L. No. 2-2003]
A group of two or more persons living, sleeping, cooking
and eating in and otherwise occupying one dwelling or dwelling unit
as a single housekeeping unit and who function as a family with respect
to those characteristics that are consistent with the purposes of
zoning and use restriction in residential neighborhoods, as distinguished
from persons occupying a rooming house, boardinghouse, a dormitory,
fraternity or sorority house, hotel, or other group quarters.
[Added 1-24-2002 by L.L. No. 1-2002; amended 8-18-2003 by L.L. No. 2-2003; 3-10-2016 by L.L. No. 2-2016]
A dwelling occupied by a functional family unit.
[Added 1-24-2002 by L.L. No. 1-2002]
Any use of a business or professional nature carried on in
a dwelling unit or an accessory structure by a member of the family
or functional family unit living in the dwelling unit and not more
than two other nonfamily employees, which use is secondary to the
residential purpose of the dwelling, occupies less than 25% of the
floor area of the house, and produces no offensive noises, vibration,
smoke, dust, odors, heat or glare, and no externally visible indication
of the business being conducted other than a single freestanding or
building-mounted sign not exceeding 20 square feet in face area and
having no more than two faces.
[Added 1-24-2002 by L.L. No. 1-2002]
The parcel of land on which one principal building and its
accessories are placed, together with the required open spaces.
Any other boundary line of a lot.
A structure, constructed pursuant to standards of the U.S.
Housing and Urban Development Administration published in Part 3280
of Title 24 of the Code of Federal Regulations, which is transportable
in one or more sections, whether or not the wheels are presently attached,
which in traveling mode is eight body feet or more in width or 40
body feet or more in length, or, when erected on site, is 320 or more
square feet, and which is built on a permanent transport chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems contained therein.
[Added 9-14-2006 by L.L. No. 3-2006]
A motor vehicle propelled by its own power which contains
sleeping, and/or cooking and/or sanitary facilities designed and constructed
for vacation or other similar temporary use.
[Added 9-14-2006 by L.L. No. 3-2006]
A new, attached-dwelling-unit development designed for year-round
or seasonal use to house more than two families, functional families,
individuals or groups of individuals living independently of each
other.
[Amended 8-18-2003 by L.L. No. 2-2003]
Any use of land, any lot, or any building or other structure,
yard, or other dimensional requirement or component of any lot, or
use or development of a lot which does not comply with the regulations
of the district in which it is located and which legally existed on
the effective date of enactment of these regulations or on the effective
date of an amendment of these regulations which resulted in such nonconforming
condition.
[Added 9-8-2016 by L.L.
No. 6-2016]
A dwelling or dwelling unit, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders,
tourists, or tenants, where no record owner of the property is residing
on the premises on a permanent basis, and no record owner of the premises
is physically present upon the premises during the transient occupancy,
and whether or not meals or cooking facilities are provided for the
guests, boarders, tourists, or tenants, but excluding motel/hotel
and bed-and-breakfast uses.
[Added 3-10-2022 by L.L. No. 3-2022]
A home occupation in an existing dwelling or dwelling unit
owned by one or more natural persons, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders,
tourists, or tenants, with at least one record owner of the property
permanently residing on the premises, and whether or not meals or
cooking facilities are provided for the guests, boarders, tourists,
or tenants, but excluding motel/hotel and bed-and-breakfast uses.
[Added 3-10-2022 by L.L. No. 3-2022]
An area not less than nine feet, nor more than 10 feet in
width, and not less than 18 feet, nor more than 20 feet in length,
with either direct access to the street or access to the street via
a driveway, for the temporary parking of a motor vehicle. The area
of any parking space shall not include any portion of the driveway
providing access to the street. All parking spaces shall have a surface
composed of not less than four inches of asphalt paving, concrete
or crushed stone.
[Added 9-14-2006 by L.L. No. 3-2006]
One available to the public, operated for gain and in which
repairs may be made.
The lot line opposite to the street line, or in the case
of a corner lot, the "rear lot line" may be elected by the owners,
provided that it shall be indicated on the plans as filed with the
Code Enforcement Officer.
A dwelling unit or structure used for temporary or transient
occupancy purposes by two or more individuals not constituting a family
or functional family unit who share kitchen and/or bathroom, and/or
other common facilities and pay rent and/or other expenses by the
room, or based on a share of total expenses of the dwelling unit.
The term includes boardinghouses, private dormitories, fraternity
and/or sorority houses, and other similar types of group residential
quarters. The term does not include a motel or hotel, or a duly permitted
bed-and-breakfast.
[Added 3-10-2016 by L.L.
No. 2-2016]
Any lot line not a rear lot line.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia; provided, however, that any grocery store,
supermarket, convenience store or similar retail use that only sells
conventional cigars, cigarettes or tobacco as an ancillary sale shall
not be defined as a "smoke shop and tobacco store" and shall not be
subject to the restrictions in this chapter.
[Added 11-9-2023 by L.L. No. 3-2023]
[Added 5-14-2009 by L.L. No.
1-2009]
[Added 5-14-2009 by L.L. No.
1-2009]
That part of any building comprised between any floor and
the floor or roof next above; the first "story" of a wall is the lowest
"story" which is 75% or more above the average level of ground adjacent
to said wall.
The dividing line between a lot and a street.
Any preparation of the nicotine-rich leaves of the tobacco
plant, which are cured by a process of drying and fermentation for
use in smoking, chewing, absorbing, dissolving, inhaling, snorting,
sniffing, or ingesting by any other means into the body.
[Added 11-9-2023 by L.L. No. 3-2023]
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco, tobacco products, or other controlled
substances. Items or devices classified as tobacco paraphernalia include
but are not limited to the following: pipes, punctured metal bowls,
bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice,
buzz bombs, vaporizers, hookahs, and devices for holding burning material.
Lighters and matches shall be excluded from the definition of "tobacco
paraphernalia."
[Added 11-9-2023 by L.L. No. 3-2023]
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from the tobacco plant or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine
in the product, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means. For the purposes
of this chapter, the term "tobacco product" excludes any product that
has been specifically approved by the United States Food and Drug
Administration (FDA) for sale as a tobacco/smoking cessation product
or for other medical purposes, where such product is marketed and
sold solely for such an approved purpose.
[Added 11-9-2023 by L.L. No. 3-2023]
A house primarily used as a private residence, where tourists
are incidentally accommodated.
Any vehicle or unit, ordinarily, but not necessarily, mounted
on wheels, capable of being drawn by a motor vehicle or other form
of power.
[Amended 9-14-2006 by L.L. No. 3-2006]
Living and/or sleeping accommodation provided for compensation
and/or barter for any period of less than 30 consecutive calendar
days, counting any portion of a particular day as a full calendar
day. Bed-and-breakfasts, motels/hotels, tourist homes, and transient
occupancy lodging shall individually and collectively be considered
types of transient occupancies.
[Added 3-10-2022 by L.L. No. 3-2022]
A vehicle not propelled by its own power and capable of being
drawn by a separate powered motor vehicle, which contains sleeping,
and/or cooking and/or sanitary facilities designed and constructed
for vacation or other similar temporary use.
[Added 9-14-2006 by L.L. No. 3-2006]
