This chapter shall be known and may be cited as the "Village
of Victor, New York, Zoning Ordinance."
The purpose of this chapter is to promote the health, safety,
morals and general welfare of the people of Victor by the regulations
and restrictions incorporated herein.
A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular. The
word "lot" includes the word "plot" or "parcel." The word "building"
includes the word "structures," and the word "shall" is intended to
be mandatory. "Occupied" or "used" shall be considered as though followed
by the words "intended, arranged or designed to be used or occupied."
B.
ACCESS ROAD
ACCESSORY BUILDING
ACCESSORY USE
ADULT BOOKSTORE
ADULT ENTERTAINMENT USE
ADULT MOTION-PICTURE THEATER
APARTMENT
APARTMENT HOUSE
AUTOMOBILE REPAIR SERVICE
BOARDINGHOUSE
BOND
BUILDING COVERAGE
BUILDING FRONT LINE
BUILDING HEIGHT
BUSINESS
CERTIFICATE OF OCCUPANCY
COMMERCIAL
CORNER LOT
COURT
DOMESTIC ANIMAL
DRIVE-THROUGH WINDOW SERVICE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
ERECT
FAMILY
FENCE
FRONT YARD
GAS STATION MINIMART
GATEWAY BUSINESS DISTRICT
GROSS FLOOR AREA
HEDGE
HIGHWAY OR STREET LINE
HOME OCCUPATION
(1)
(2)
(3)
(4)
(a)
(b)
(c)
HOURS OF MAXIMUM OPERATION
INDUSTRIAL/LIGHT MANUFACTURING
JUNKYARD
LAND USE ACTIVITY
LIVESTOCK
LOT
LOT COVERAGE
MANUFACTURED HOME
MASSAGE
MASSAGE ESTABLISHMENT
MIXED-USE STRUCTURE
MOBILE HOME
MULTIPLE DWELLING
NET FLOOR SPACE
NET SITE AREA
NONCONFORMING
OFF-STREET LOADING AND UNLOADING AREA
OUTDOOR DINING
OUTER COURT
PERMIT
PERSON
PLANNED ZONING DISTRICT
PORTABLE ON-SITE DELIVERABLE STORAGE UNITS
PRINCIPAL BUILDING
PRINCIPAL BUSINESS
PRIVATE GARAGE
PRIVATE POOL
PROFESSIONAL OFFICE
PUBLIC PLAZA
REAR LINE OF BUILDING
REAR YARD
RECREATIONAL FACILITIES
RESEARCH AND DEVELOPMENT FACILITIES
RESTAURANT
RETAIL BUSINESS
SERVICE BUSINESS
SEXUAL ACTIVITIES
SIDE LINE OF BUILDING
SIDE YARD
SPECIFIED ANATOMICAL AREAS
STORY
(1)
(2)
(3)
STRUCTURALLY ALTERED
STRUCTURE
STRUCTURE, ACCESSORY
THEATER
THROUGH LOT
TOWNHOUSE
TRUCK TERMINAL
VARIANCE, AREA
VARIANCE, USE
YARD
As used in this chapter, the following terms shall have the meanings
indicated:
A local street which is parallel and adjacent to a primary
or major thoroughfare.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
A use customarily incidental and subordinate to the principal
use.
A business, whether retail or wholesale, having more than
5% of its net floor space set aside for or more than 5% of the value
of its stock-in-trade allocated to recordings, books, magazines, periodicals,
films, videotapes/cassettes or other viewing materials for sale or
viewing on or off the premises, which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
sexual activities or specified anatomical areas.
Generally, any business, including but not limited to those
specifically enumerated in this chapter, which has more than 5% of
its net floor space set aside or more than 5% of the volume of its
stock-in-trade devoted to the display, viewing or dissemination of
material distinguished or characterized by an emphasis on matter depicting,
describing or related to sexual activity or specified anatomical areas,
including but not limited to adult bookstores, adult motion-picture
theater or any establishment that allows or promotes dancers, performers
or employees, whether male or female, to display specified anatomical
areas.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matters depicting, describing or relating to sexual
activities or specified anatomical areas for observation by patrons.
That portion of a building consisting of rooms suitable for
living, renting and occupancy by an individual or one family, including
kitchen, bathroom and one, two or three bedrooms; in efficiency apartments,
a kitchen, bathroom and a living room convertible to sleeping quarters.
It is a complete self-contained living unit and is subject to all
provisions for health and general welfare contained in the State Uniform
Fire Prevention and Building Code,[1] Multiple Residence Law and Zoning Ordinance of this Village.
A building consisting of more than two apartments.
Any building, structure, improvements, or land used for the
repair and maintenance of automobiles, motorcycles, trucks, trailers,
or similar vehicles, including but not limited to body, fender, muffler,
engine, or upholstery work, oil change and lubrication, painting,
tire service and sales, car alarms, or stereo equipment.
A dwelling unit or part thereof in which lodging and meals
are provided for compensation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any form of security, including a cash deposit, surety bond,
collateral, property or letter of credit, in an amount and form satisfactory
to the Attorney for the Village. All forms of security shall be approved
by the Village Board wherever a bond is required by these regulations.
The maximum horizontal area of a building and its accessories
at ground level, excluding driveways.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from grade level at primary
building front line to the highest point of the roof, excluding decorative
features that do not occupy more than 10% of the area of the roof.
Any person, firm, association, partnership, corporation or
other entity for profit.
A document which certifies that a structure is habitable.
This is to include retail, office, service and industrial
establishments.
A lot or course of a lot at the junction of and abutting
on two or more intersecting streets.
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.
An animal that has been domesticated so as to live and breed
in a tame condition, principally indoors, and depend on humankind
for survival.
A building opening, including windows, doors, or mechanical
devices, through which occupants of a motor vehicle receive or obtain
a product or service.
A complete self-contained residential unit for permanent
habitation by one family only, and containing one or more rooms and
facilities for living, including cooking, sleeping and sanitary needs.
Two complete but separate self-contained residential units,
each intended for permanent habitation by one family only in a single
structure having a common wall, roof, or ceiling and containing separate
rooms and facilities for living, including cooking, sleeping and sanitary
needs.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend, affix or maintain any sign or exterior wall
painting.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of bona fide domestic servants.
A number of persons living together as a single housekeeping unit,
although not related by blood, adoption or marriage, shall be deemed
to constitute a family unit. A fraternity, club or boardinghouse shall
not be considered a family.
A constructed barrier of wood, masonry, stone, wire, metal,
vinyl, plastic, composite, or other manufactured material or combination
of materials erected to enclose, confine, conceal, screen or separate
areas.
The open, unoccupied space on the same lot with the main
building extending the full width of the lot and situate between the
street line and the front line of the building projected to the side
lines of the lot.
A facility associated with the sale of gasoline that also
offers for sale prepackaged food items and tangible consumer goods,
primarily for self-service by the consumer. Hot beverages, fountain-type
beverages, and pastries may be included in the food items offered
for sale.
The Gateway Business District as defined in § 50-12
of the Code.
The total floor area used or intended to be used by tenants
or for services to the public as customers, patrons, clients or patients,
including areas occupied by fixtures and equipment used for display
of merchandise. Gross floor area shall not include areas used principally
for nonpublic purposes such as storage, incidental repair, processing
or packaging of merchandise, for shop windows, for offices incidental
to the management or maintenance of stores or buildings, for toilet
or rest rooms, for utilities or for dressing rooms or fitting or alteration
rooms.
Any planted vegetation which is used to enclose a lot or
any part thereof or separate adjoining lots or otherwise used as a
fence.
The line which is the joint boundary line between the lot
and street or highway right-of-way.
An occupation or profession which:
Is customarily carried on in a dwelling unit or in a building
or other structure accessory to a dwelling unit;
Is carried on by a member of the family residing in the dwelling
unit;
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes; and
Conforms to the following additional conditions:
The occupation or profession shall be carried on wholly within
the principal building or within a building or other structure accessory
thereto.
There shall be no exterior display, no exterior sign, no exterior
storage of materials and no other exterior indication of the home
occupation or variation from the residential character of the principal
building.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
Those hours of operation when operating at full occupancy.
Manufacture of electric, electronic or optical instruments
or devices; light manufacturing, assembling, fabricating, production
or packaging of products from previously prepared materials such as
cloth, plastic, paper, leather, precious or semiprecious metals or
stones.
A lot, land or structure or part thereof used primarily for
the collection, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not limited to, the following:
Animals kept for use, or raised for profit, including, but
not limited to, pigeons, swine, goats, rabbits, cows, horses, poultry,
foxes, mink, skunks or other animals, excluding domestic animals.
A portion or parcel of land considered as a unit, defined
by legal description or tax account number that is filed in the County
Clerk's office, and devoted to a certain use or occupied by a building
or a group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the same.
A measure of the area of a lot that is or would be occupied
by impervious surfaces including coverage by buildings, structures,
parking structures, parking surfaces, driveways, roads, sidewalks,
dumpster pads, and utility pads.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
with a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein. The term shall include any structure that
meets all of the requirements of Article 21-B of the Executive Law
of New York State except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the United States Secretary of Housing and Urban Development and
complies with the standards established under Title 42 of the United
States Code. The definition of "manufactured home" shall not include
self-propelled recreational vehicles, travel trailers, or modular
structures. All regulations referring to manufactured homes shall
be equally applied to mobile homes.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulders. This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facility.
A building that contains two or more different uses, such
as a combination of residential, institutional, civic, professional
office, commercial, restaurant or retail use.
A transportable single-family dwelling which may be towed
on its own running gear, which is intended for permanent occupancy,
which is constructed so that it may be used with or without a permanent
foundation, and which is basically complete and ready for occupancy.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A building or portion thereof containing two or more dwelling
units.
That portion of the building devoted to display, whether
for viewing or dissemination, of a business's stock-in-trade. This
shall not include entry areas, stockrooms, closets, storage areas,
cash register areas or any area from which the public is excluded
or restrooms, whether public or private.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The total area within the property lines, excluding external
streets.
Use of the land or buildings which does not comply, with
the permitted use of the same by the terms of this chapter.
Space logically located for bulk pickups and deliveries,
scaled to delivery vehicles expected to be used and accessible to
such vehicles when required off-street parking spaces are filled.
Required off-street loading space is not to be included as off-street
parking space in computation of required off-street parking space.
A dining area of a designated size with seating and/or tables
located outdoors of a restaurant, coffee shop, or other food service
establishment, which is: (a) located entirely outside the walls of
the subject building; (b) enclosed on two sides or fewer by the walls
of the building with or without a solid roof cover; or (c) enclosed
on three sides by the walls of the building without a solid roof cover.
The seating may be in addition to the indoor seating or it may be
the only seating available for the restaurant. The outdoor dining
area must be visually and architecturally integrated pursuant to the
design standards.
A court extending to a street line or opening upon any front,
side or rear yard.
A printed license approved and signed by the Code Enforcement
Officer for the owner, lessee, architect or contractors to proceed
with the location or erection of a building or structure or with structural
alterations thereof when properly issued by the Village official herein
authorized to issue the same.
Any person, firm, partnership, association, corporation,
company, institution or organization of any kind.
A zoning district whose requirements are completely set forth
in a municipal zoning code but that is initially unmapped. The "planned
zoning district" remains unmapped until application is made by a prospective
developer and approval is granted by the Village Board for the zone
to be applied to a particular parcel, or parcels of land, provided
that the development meets all of the requirements described in the
code.
A portable on-site deliverable storage unit, designed to
be used for temporary storage.
The main or primary commercial purpose for which a building,
structure or lot is to be used.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The main or primary purpose for which a building, structure
or lot is to be used.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one vehicle is leased
to a nonresident of the premises.
A pool located on the property belonging to a single-family
or a two-family dwelling and for the exclusive use of the occupants
thereof and their families and guests.
An office of a lawyer, doctor, dentist, osteopath, chiropractor,
optometrist, podiatrist, broker or other person performing an activity
or service licensed pursuant to the provisions of the Education Law
of the State of New York.
An open space that is continuously accessible to the public
that may be landscaped or paved and is typically surrounded by buildings
or streets and open to the sky. Plazas usually provide amenities such
as seating, ornamental fountains, lighting, art, and landscaping for
use by pedestrians.
The line extended to the side lot line parallel to the building
front line from the rearmost point of the building.
The space on the same lot with the principal building between
the rear line of the principal building and the rear line of the lot,
extending the full width of the lot.
Commercial facilities operated as a business and open to
the general public for a fee; private noncommercial clubs or recreation
facilities operated by a nonprofit organization and open only to bona
fide members of such nonprofit organization and its guests; public
facilities operated as a nonprofit enterprise by the Village; any
other governmental entity; or any nonprofit organization and open
to the general public.
Those facilities which provide research or development of
materials, methods or products or scientific research or experimental
development of materials, methods or products, including engineering
and laboratory research.
An establishment whose principal business is the sale of
food and/or beverages to customers in a ready-to-consume state, whether
fast-food, carry-out, or sit-down.
Those businesses which sell to the ultimate consumer for
direct consumption or use and not for resale.
Those businesses which serve frequent commercial and personal
service needs of residents.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area or buttocks.
The line extended to the building front line and the building
rear line from the point of the building nearest to the lot line on
that side of the building and parallel to such lot line.
An open, unoccupied space on the same lot with a building
situated between such building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not on a rear line
or front line shall be deemed a side line.
Human male or female genitals, pubic areas or buttocks with
less than a full opaque covering.
ONE-STORY RESIDENTIAL BUILDINGA building having a vertical distance between the floor and the ceiling not less than seven feet six inches on one level or floor, not including the basement or cellar. The measurement of such vertical distance is to be made along the studs forming each of the exterior walls.
STORY-AND-ONE-HALF RESIDENTIAL BUILDINGA building having a vertical distance between the floor and ceiling not less than seven feet six inches on the first level and having a vertical distance between floors and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor and a vertical distance of not less than three feet six inches along the studs forming the external walls of the rooms at the upper level or floor, such external walls being set or erected not less than 2/3 the distance apart of the external walls of the first level or ground floors, not including the basement, cellar or wings of one story.
TWO-STORY RESIDENTIAL BUILDINGA building having a vertical distance between floor and ceiling of not less than seven feet six inches on the first level or floor and having a vertical distance between floor and horizontal ceiling of not less than seven feet six inches nor more than nine feet on the upper level or floor and a vertical distance of not less than three feet six inches along the studs forming the exterior wall, being set or erected not less than the distance apart of the exterior walls of the first level or ground floor, not including the basement, cellar or wings of one story.
Any change in the supporting members of a building either
by alteration or addition which affects the building front line, the
building side line or the building rear line or the height of the
building. Any alteration or repair whereby a building or structure
is adapted to another or different use having different restrictions
or requirements under provisions hereof shall be deemed a structural
alteration.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any structure designed to accommodate an accessory use attached
or detached from the principal structure, such as a garage for vehicles
accessory to the principal use, a storage shed, garden house or similar
facility.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performance.
A lot having a frontage on opposite ends upon streets, highways,
private roads, rights-of-way for travel purposes or any combination
thereof.
A single-family dwelling constructed as part of a series
of dwellings, all of which are either attached to the adjacent dwelling
or dwellings by party walls or are located immediately adjacent thereto
with no visible separation between walls or roofs.
Space or facility which has as its principal business the
loading, unloading or transferring of materials or products from vehicles
or a place where vehicles or portions thereof are parked, stored or
serviced.
The authorization by the zoning board of appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the zoning law.
The authorization by the zoning board of appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the zoning law.
An unoccupied space open to the sky on the same lot with
a building or structure.
