[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; 9-7-1995 by L.L. No. 2-1995; 1-24-2002 by L.L. No. 1-2002; 8-18-2003 by L.L. No. 2-2003; 9-14-2006 by L.L. No. 3-2006; 5-14-2009 by L.L. No. 1-2009; 3-10-2016 by L.L. No. 2-2016; 9-8-2016 by L.L. No. 6-2016; 3-10-2022 by L.L. No. 3-2022; 11-9-2023 by L.L. No. 3-2023; 5-9-2024 by L.L. No. 2-2024; 12-12-2024 by L.L. No. 12-2024]
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 SELF-STORAGE FACILITY 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 VAPE SHOP
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:
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.
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.
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.
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.
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.
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.
A dwelling occupied by a functional family unit.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A commercial facility for the storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner for periods of at least 30 days or greater. The term "self-storage facility" includes all similar uses and terms but shall not be construed to mean "warehouse." The self-storage facility must be constructed on a permanent foundation and is not to be used for the transfer, shipping or receiving of products or goods in conjunction with a business operation.
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.
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.
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."
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.
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.
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.
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.
Any establishment which offers, for sale or consideration, electronic cigarettes, electronic pipes, vape pens, vapors, e-liquid, marijuana derivatives, including CBD or other substances, as a substantial or significant portion of its business, merchandise and/or stock-in-trade.