[Amended 6-19-1964; 8-18-2003 by L.L. No. 2-2003]
A. 
For the purposes of this chapter, the Village of Morrisville is hereby divided into classes of districts, as follows:
Residence 1 Districts (R-1)
Residence 2 Districts (R-2)
Residence 3 Districts (R-3)
Business 1 Districts (B-1)
Business 2 Districts (B-2)
Industrial Districts (I)
B. 
The boundaries of these districts are hereby established as shown on the 2003 Zoning Map of Morrisville, New York, which accompanies and is hereby declared to be a part of this chapter as it is currently drawn, and as it may be hereafter amended from time to time by appropriate legislative action by the Board of Trustees.[1] These district boundary lines are intended to follow street lines, tax parcel boundaries and, in applicable instances the center line of waterways, as all such lines and boundaries existed on the date of the adoption of the Zoning Map.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
C. 
Where a street is bounded on both sides by the same type of zone, all of the area contained within the street lines as above defined shall be subject to the same restrictions as the surrounding zone. Where different zones lie along two sides of any street, the area within the street lines shall be divided in two portions by the middle of the street and each portion shall be subject to the restrictions of the zone which lies immediately adjacent to its respective street line as defined above.
D. 
Any boundary as approximately following the center line of a street or highway shall be construed to follow such center line.
E. 
Any boundary indicated as approximately following a Tax Map lot line in existence at the time the boundary becomes effective shall be construed to follow such lot line.
F. 
Any boundary indicated as approximately following the center line of a stream shall be construed to follow such center line and, in the event of change in the center line, shall be construed as moving with the actual center line as changed.
G. 
Any boundary indicated as approximately following the corporate boundary of the Village of Morrisville shall be construed as following such corporate boundary.
H. 
Any boundary indicated as parallel to, or an extension of, a feature indicated in Subsections D through G above shall be so construed, and any distance not specifically indicated on the Zoning Map shall be determined by use of the scale of the map.
[Amended 9-13-1979 by L.L. No. 4-1979; 10-12-1989 by L.L. No. 1-1989; 9-7-1995 by L.L. No. 2-1995; 5-14-1998 by L.L. No. 4-1998; 1-24-2002 by L.L. No. 1-2002; 8-18-2003 by L.L. No. 2-2003]
The permitted uses in Residence 1 Districts are as follows:
A. 
In a Residence 1 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except for the following:
(1) 
Single-family dwellings. (See Chapter 143 for rental property regulations.)
(2) 
The leasing to a nonresident of the premises of space for one noncommercial motor vehicle.
(3) 
Public utility lines, poles and pipes necessary for the service of the area.
(4) 
Customary accessory buildings and uses, provided that such buildings and uses are incidental to the principal use.
B. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
(1) 
Public utility substation.
(2) 
Bed-and-breakfast.
(3) 
Religious institution, school building or other place or worship or religious instruction, convent, parish house or rectory.
(4) 
Home occupations.
(5) 
Single-family group residences. (See § 180-26 for required criteria for determination of status as functional family unit.
(6) 
Owner-occupied transient occupancy lodging.
[Added 3-10-2022 by L.L. No. 3-2022]
[Amended 9-13-1979 by L.L. No. 4-1979; 10-12-1989 by L.L. No. 1-1989; 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]
The permitted uses in Residence 2 Districts are as follows:
A. 
In a Residence 2 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1) 
The leasing to a nonresident of the premises of space for one noncommercial motor vehicle.
(2) 
Single-family dwellings.
(3) 
Two-family dwellings.
(4) 
Customary accessory buildings and uses, provided that such buildings and uses are incidental to the principal use.
(5) 
Public utility lines, poles and pipes necessary for the service of the Village.
B. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
(1) 
Public utility substation.
(2) 
Bed-and-breakfast.
(3) 
Religious institution, school building or other place of worship or religious instruction, convent, parish house or rectory.
(4) 
Home occupations.
(5) 
Educational or philanthropic institutions.
(6) 
Medical care facilities.
(7) 
Funeral home.
(8) 
Club, lodge, social and recreational center building.
(9) 
Nursing home.
(10) 
Single-family group residences. (See § 180-26 for required criteria for determination of status as functional family unit.)
(11) 
Two-family group residences. (See § 180-26 for required criteria for determination of status as functional family unit.)
(12) 
Owner-occupied transient occupancy lodging.
[Added 3-10-2022 by L.L. No. 3-2022]
[Added 8-18-2003 by L.L. No. 2-2003]
The permitted uses in Residence 3 Districts are as follows:
A. 
In a Residence 3 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1) 
The leasing to a nonresident of the premises of space for one noncommercial motor vehicle.
(2) 
Single-family dwellings.
(3) 
Two-family dwellings.
(4) 
Customary accessory buildings and uses, provided that such buildings and uses are incidental to the principal use.
(5) 
Public utility lines, poles and pipes necessary for the service of the Village.
B. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
(1) 
Public utility substations.
(2) 
Bed-and-breakfast.
(3) 
Religious institution, school building or other place of worship or religious instruction, convent, parish house or rectory.
(4) 
Home occupations.
(5) 
Educational or philanthropic institutions.
(6) 
Medical care facilities.
(7) 
Funeral home.
(8) 
Club, lodge, social and recreational center building.
(9) 
Nursing home.
(10) 
Multiple-unit dwellings.
(11) 
Single-family group residence. (See § 180-26 for required criteria for determination of status of functional family unit.)
(12) 
Two-family group residences. (See § 180-26 for required criteria for determination of status as functional family unit.)
(13) 
Rooming house.
[Added 3-10-2016 by L.L. No. 2-2016]
(14) 
Owner-occupied transient occupancy lodging.
[Added 3-10-2022 by L.L. No. 3-2022]
[Amended 9-7-1995 by L.L. No. 2-1995; 8-18-2003 by L.L. No. 2-2003]
The requirements of Business 1 Districts are as follows:
A. 
In a Business 1 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except for the following, with their usual accessories:
(1) 
Parking lots.
(2) 
Single-family dwellings.
(3) 
Two-family dwellings.
(4) 
Customary accessory buildings and uses, provided that such buildings and uses are incidental to the principal use.
(5) 
Public utility lines, poles and pipes necessary for the service of the Village.
(6) 
Retail store.
(7) 
Business or professional office.
(8) 
Bank or other monetary institution.
(9) 
Hotel or motel.
(10) 
Restaurant or other place for serving food and beverages.
(11) 
Club, lodge, social and recreational center building.
(12) 
Service shops and studios, such as barbershop, shoe repair shop, beauty parlor, photographer's studio or optician shop.
(13) 
Confectionery, millinery, dressmaking, tailoring and similar shops, provided that all goods made or processed are sold at retail on the premises.
(14) 
Retail outlets for laundry, cleaning, pressing, dyeing and florist business.
(15) 
Nurseries and greenhouses.
(16) 
Indoor theater.
(17) 
Indoor hand fabrication or hand assembly of materials which does not produce smoke, odor, vibration, dirt, glare or noise beyond the boundaries of the subject premises.
(18) 
Buildings containing telephone switchboards or dial equipment in use or communication systems.
B. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
[Added 3-10-2022 by L.L. No. 3-2022]
(1) 
Owner-occupied transient occupancy lodging.
(2) 
Nonowner-occupied transient occupancy lodging.
[Amended 5-8-1980 by L.L. No. 3-1980; 9-7-1995 by L.L. No. 2-1995; 8-18-2003 by L.L. No. 2-2003]
The requirements of Business 2 Districts are as follows:
A. 
In any Business 2 District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except for the following with their usual accessories:
(1) 
Parking lots.
(2) 
Single-family dwellings.
(3) 
Two-family dwellings.
(4) 
Customary accessory buildings and uses, provided that such buildings and uses are incidental to the principal use.
(5) 
Public utility lines, poles and pipes necessary for the service of the Village.
(6) 
Retail store.
(7) 
Business or professional office.
(8) 
Bank or other monetary institution.
(9) 
Hotel or motel.
(10) 
Restaurant or other place for serving food and beverages.
(11) 
Club, lodge, social and recreational center building.
(12) 
Service shops and studios, such as barbershop, shoe repair shop, beauty parlor, photographer's studio or optician shop.
(13) 
Confectionery, millinery, dressmaking, tailoring and similar shops, provided that all goods made or processed are sold at retail on the premises.
(14) 
Retail outlets for laundry, cleaning, pressing, dyeing and florist business.
(15) 
Nurseries and greenhouses.
(16) 
Indoor theater.
(17) 
Indoor hand fabrication or hand assembly of materials which does not produce smoke, odor, vibration, dirt, glare or noise beyond the boundaries of the subject premises.
(18) 
Buildings containing telephone switchboards or dial equipment in use or communication systems.
(19) 
Automobile or farm machinery sales agency, sales lot, parking lot or garage.
(20) 
Garage for the repair or storage of automobiles.
(21) 
Service stations for the sale of fuel and lubricants and for washing and lubricating vehicles.
(22) 
Bowling alley and billiard hall.
(23) 
Dry-cleaning and laundry establishments.
(24) 
Dance hall, skating rink or other place of amusement, assembly or entertainment, provided that all nearest residents agree to such use in writing.
(25) 
Printing shop and heating, air-conditioning, plumbing and electrical business and similar uses customarily utilizing hand fabrication methods.
(26) 
Multiple-unit dwelling.
B. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
[Added 3-10-2022 by L.L. No. 3-2022]
(1) 
Owner-occupied transient occupancy lodging.
(2) 
Nonowner-occupied transient occupancy lodging.
[Amended 9-7-1995 by L.L. No. 2-1995; 8-18-2003 by L.L. No. 2-2003]
The requirements of Industrial Districts are as follows:
A. 
In any Industrial District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except for the following with their usual accessories:
(1) 
Public utility lines, poles and pipes necessary for the service of the Village.
(2) 
Retail store.
(3) 
Business or professional office.
(4) 
Bank or other monetary institution.
(5) 
Hotel or motel.
(6) 
Restaurant or other place for serving food and beverages.
(7) 
Club, lodge, social and recreational center building.
(8) 
Service shops and studios, such as barbershop, shoe repair shop, beauty parlor, photographer's studio or optician shop.
(9) 
Confectionery, millinery, dressmaking, tailoring and similar shops, provided that all goods made or processed are sold at retail on the premises.
(10) 
Retail outlets for laundry, cleaning, pressing, dyeing and florist business.
(11) 
Nurseries and greenhouses.
(12) 
Indoor theater.
(13) 
Indoor hand fabrication or hand assembly of materials which does not produce smoke, odor, vibration, dirt, glare or noise beyond the boundaries of the subject premises.
(14) 
Buildings containing telephone switchboards or dial equipment in use or communication systems.
(15) 
Automobile or farm machinery sales agency, sales lot, parking lot or garage.
(16) 
Garage for the repair or storage of automobiles.
(17) 
Service stations for the sale of fuel and lubricants and for washing and lubricating vehicles.
(18) 
Bowling alley and billiard hall.
(19) 
Dry-cleaning and laundry establishments.
(20) 
Dance hall, skating rink or other place of amusement, assembly or entertainment, provided that all nearest residents agree to such use in writing.
(21) 
Printing shop and heating, air-conditioning, plumbing and electrical business and similar uses customarily utilizing hand fabrication methods.
(22) 
Multiple-unit dwelling.
(23) 
Industrial uses employing electric power or other unobjectionable motor power or utilizing hand labor for fabrication or assembly and which cause or emit no objectionable odors, fumes, dirt, vibration, glare, electrical interference or noise beyond the immediate site of the building or buildings in which such uses are conducted.
(24) 
Storage yard and shop for the municipality or other governmental unit or public utility or contractor.
(25) 
Veterinary hospital, commercial kennel, commercial raising of fur-bearing animals other than customary farm livestock and riding stable.
(26) 
Wholesale storage and warehouse facilities.
(27) 
Yards for the storage and sale of lumber, wood, feed, solid fuel and similar products.
(28) 
Bulk storage of flammable liquids above ground for commercial or industrial purposes, complying with relevant provisions of all state and local laws and regulations. All storage and handling facilities upon the premises upon which such use may be established and continued shall be distant not less than 400 feet from any residence district.
(29) 
Municipal or public utility structure or station necessary to the installation and maintenance of utility service in the Village of Morrisville.
B. 
In any Industrial District, adult business uses shall be permitted subject to the prior issuance of a special use permit. All adult business uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in an Industrial District, and shall also comply with the following standards:
[Added 5-14-2009 by L.L. No. 1-2009]
(1) 
No more than one adult business use shall be allowed or permitted on any one lot.
(2) 
No adult business use shall be allowed or permitted on a lot that is closer than 500 feet (all distances to be measured from lot line to lot line) to:
(a) 
A lot on which there is another adult business use.
(b) 
Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field.
(c) 
Any public buildings.
(d) 
Any hotels or motels.
(e) 
Any residence.
(3) 
Observation from public way prohibited. No adult business use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical activities from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video/DVD, sign, show, doorway, window, screen or other opening.
C. 
The following uses shall be allowed only upon the issuance of a special permit by the Zoning Board of Appeals:
[Added 3-10-2016 by L.L. No. 2-2016]
(1) 
Rooming houses.
[Added 12-14-2023 by L.L. No. 4-2023]
A. 
Purpose. The purpose of the Cannabis Overlay District is to implement the provisions of the Marijuana Regulation and Taxation Act with respect to the location of an adult-use cannabis retail dispensary within the Village in order to ensure that such use is located in zones and subject to conditions that serve the public interests by minimizing the potential for adverse impacts on adjacent properties and neighborhoods and to designate specific areas in which adult-use cannabis retail dispensaries are a permitted principal use, in addition to any retail use otherwise allowed by the Village Zoning Law. The Cannabis Overlay District accommodates locating adult-use cannabis retail dispensaries in areas located near or adjacent to main vehicular traffic corridors and is intended to preclude the encroachment of adult-use cannabis retail dispensaries in residential districts.
B. 
Cannabis Overlay District requirements. This is an overlay district, as such the following requirements shall apply in addition to the requirements of the underlying zoning district, including, but not limited to, supplementary lot regulations and supplementary use regulations. All other requirements of the underlying zoning district remain applicable to the subject property.
(1) 
Authorization to approve or deny permits to establish cannabis retail dispensaries. Site plan approval shall be required before any property may be used as a cannabis retail dispensary. The power to approve, approve with conditions, or deny such application is vested in the Planning Board and subject to site plan approval in accordance with § 180-25. Referral to the Village Board of Trustees for review and comment shall be required prior to approval.
(2) 
Cannabis retail dispensary standards, requirements and considerations. The following standards, requirements and/or considerations shall be addressed in any application for site plan approval associated with a retail cannabis dispensary:
(a) 
Minimum distances. Consistent with applicable New York State regulations pertaining to adult-use retail dispensaries, the following separation distances shall be required:
[1] 
School grounds. No cannabis retail dispensary shall be located on the same road and within 500 feet of school grounds, as such term is defined in the New York State Education Law.
[2] 
Religious use. No cannabis retail dispensary shall be located on the same road and within 200 feet of a building occupied exclusively as a religious use.
[3] 
A cannabis retail dispensary shall not be located within 2,000 feet of any other cannabis retail dispensary.
(b) 
Hours and days of operation. Hours of operation must be provided in the application submission to the Village. Adult-use cannabis retail dispensaries may only be open for retail sales during the following hours and days:
[1] 
Monday through Saturday, 9:00 a.m. through 9:00 p.m.
[2] 
Closed: Sundays, Easter, Thanksgiving Day, Christmas Day, New Year's Day.
(c) 
Home occupation prohibited. No cannabis retail dispensary shall be permitted as a home occupation.
(d) 
Changes in operator or site. Changes in owner or operator of an existing cannabis retail dispensary or minor building or site modifications of a legally existing cannabis retail dispensary may be reviewed and approved administratively by the Code Enforcement Officer. If it is determined that the change in operator will result in a substantial change to the site plan, the application may be referred to the Planning Board for revised site plan approval, subject to a public hearing if required by law or at the discretion of the Planning Board.
(e) 
The cannabis retail dispensary shall provide for adequate and proper security at the premises to deter and prevent illegal activities from taking place on or near the applicant's premises and avoid conduct that has an adverse effect on the health, safety and/or welfare of the surrounding neighborhood. A security plan shall be provided with the permit and site plan application.
(f) 
No marijuana or marijuana product shall be smoked, eaten, or otherwise consumed or ingested on the premises where sold. All dispensaries permitted under this section shall comply with all state and local laws, rules and regulations governing the smoking of tobacco.
(g) 
No person under the age of 21 shall be allowed to enter an adult-use cannabis retail dispensary.
(h) 
No outdoor seating areas shall be permitted at an adult-use cannabis retail dispensary.
(i) 
No drive-through service shall be permitted at a cannabis retail dispensary.
(j) 
No outside storage of marijuana, marijuana products, or related supplies is permitted.
(k) 
Control of emissions and waste. The applicant shall provide an odor and waste control plan that provides for proper and adequate ventilation and demonstrates that any odors and waste associated with the cannabis products stored on site shall be effectively confined to the premises or so treated in order to avoid any negative impacts to neighboring properties or tenant spaces. The facility operator shall properly dispose of all such materials, items and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state and local laws and regulations.
(l) 
Any site plan approval issued under this section shall contain a condition that the cannabis retail dispensary shall not operate, and the site plan approval shall not be valid, until the applicant has obtained all required licenses and permits issued by the State of New York and any of its agencies.
(m) 
In case of conflict between any of the provisions contained in § 180-25 and any other law, rule or regulation, the stricter, more restrictive provision shall govern and apply.
(n) 
Subject to applicable law, the application shall include a copy of all information submitted to the State of New York in application for a license to operate under the New York State Cannabis Law, as amended or changed.
(o) 
Inspections. Police officers and Code Enforcement Officers may inspect the premises and records of licensed operators as allowed by the law.
(p) 
License. Adult-use cannabis retail dispensaries may only be permitted on property located in the Cannabis Overlay District and upon successful application to the Office of Cannabis Management for a license.
(q) 
Adult-use cannabis retail dispensaries shall operate in compliance with all state and local laws, rules and regulations including the Marijuana Regulation and Taxation Act and this chapter.
(r) 
Signage. All signage shall comply with the Marijuana Regulation and Taxation Act, applicable regulations established by the Office of Cannabis Management, and shall require a Village sign permit in accordance with Chapter 151 (Signs) of the Morrisville Village Code.
(s) 
Discontinuation of use and license revocation. If the cannabis retail dispensary ceases to operate in accordance with the applicable State of New York license or if the license issued pursuant to the Marijuana Regulation and Taxation Act is revoked by the State of New York, the facility operator shall immediately notify the Code Enforcement Officer, the applicable site plan approval shall automatically be revoked, and all materials, cannabis products, equipment, and signage shall be removed from the premises and properly secured in accordance with applicable State of New York requirements.
C. 
Cannabis Overlay District designation; boundaries.
(1) 
The Cannabis Overlay District shall apply to all properties located within the District as designated below and on the Village of Morrisville Zoning Map and that meet the criteria contained in this chapter.
(2) 
The boundaries of the Cannabis Overlay District shall be identified on the official Village of Morrisville Zoning Map and are described, in whole or part, as the following Tax Map Parcel Numbers: 111.15-1-48, 111.15-1-49, 111.15-1-50, 111.15-1-52, 111.15-1-53, 111.15-1-55, 111.15-1-57, 111.19-2-1, 111.19-2-2, 111.19-2-3.1, 111.19-2-3.2, 111.19-2-4, 111.19-2-5, 111.19-2-6, 111.19-2-7.2, and 111.19-2-8.
D. 
Report of violations.
(1) 
Aggrieved residents may report any violation of this chapter to the Code Enforcement Officer, which shall maintain records of any reported violations.
(2) 
The Code Enforcement Officer shall report to the Village Clerk-Treasurer, in writing, all complaints of violations of this chapter, and the Village Clerk-Treasurer shall record the reports of such violations and promptly transmit copies of such reports to the Cannabis Control Board.
E. 
Cannabis business establishments prohibited. It shall be unlawful for any person to locate, operate, own, suffer, allow to be operated or abide, abet, or assist in the operation within the Village of Morrisville of an adult-use cannabis retail dispensary which has not been licensed by the Office of Cannabis Management. Operation of any such establishment within the Village is hereby declared to be a public nuisance and shall be abated pursuant to all available remedies.