ZONING LAW
of the
TOWN OF NORTH DANSVILLE
Dansville, New York
ADOPTED JUNE 21, 1988
TABLE OF CONTENTS
ZONING REGULATIONS
ARTICLE I ENACTMENT
AND DEFINITIONS PAGE
Section 101 Title 1
Section 102 Purpose and Intent 1
Section 103 Interpretation 1
Section 104 Conflict with other Laws 1
Section 105 Validity and Severability 2
Section 106 Repeal of Prior Ordinance 2
Section 107 Amendments 2
Section 108 Effective Date 3
Section 109 Definitions 3
ARTICLE II ADMINISTRATION
Section 201 Enforcement 10
Section 202 Duties of the Enforcement Officer 10
Section 203 Certificates and Permits 11
Section 204 Application Procedures 11
Section 205 Application Details 13
Section 206 Application Fees 14
ARTICLE III BOARD OF APPEALS
Section 301 Creation, Appointment and Organization 15
Section 302 Powers and Duties 15
Section 303 Procedures 16
Section 304 Board of Appeals Office 16
Section 305 Notice of Board Hearing 16
ARTICLE IV PENALTIES
Section 401 Penalties 17
ARTICLE V DISTRICTS
Section 501 Establishment 18
Section 502 Official Zoning Map 18
Section 503 Interpretation of District Boundaries 18
Section 504 Regulations 19
ARTICLE VI ZONING DISTRICT REGULATIONS
Section 600 Conservation District, C 20
Section 601 Agricultural District, A 20
Section 602 Low Density Residential, LR 28
Section 603 Medium Density Residential, MR 28
Section 604 High Density Residential, HR 29
Section 605 Central Business District, B-1 30
Section 606 Light Industrial District, I-1 31
Section 607 Heavy Industrial District, I-2 32
Section 608 Zoning Schedule 33
ARTICLE VII GENERAL PROVISIONS
Section 701 Regulations for Preservation of Natural Features 35
Section 702 Other Regulations Applicable to All Zones 35
Section 703 Regulations Applicable to Agricultural and Residential Districts (A,LR,MR,HR) 37
Section 704 Regulations Applicable to All Business and Industrial Districts (B,I-1,I-2) 38
ARTICLE VIII PERMITTED MODIFICATIONS
Section 801 Height Modifications 39
Section 802 Undersize Lots 39
Section 803 Front Yard Transition 39
Section 804 Side and Rear Yard Transition 39
Section 805 Corner Lot Transition 40
ARTICLE IX NONCONFORMING USES AND BUILDINGS
Section 901 Nonconforming Uses 41
Section 902 Nonconforming Building 42
ARTICLE X PARKING AND LOADING SPACE
Section 1001 Requirements by Usage 43
Section 1002 Requirements of Off-Street Parking Space 44
Section 1003 Loading Spaces 45
ARTICLE XI SIGN REGULATIONS
Section 1101 Definition of Terms and Phrases 46
Section 1102 Permitted Signs in All Districts 46
Section 1103 Permitted Signs in All Agricultural and Residential Districts 47
Section 1104 Permitted Signs in Business and Industrial Districts 47
Section 1105 Signs for Which Permits are Required 48
Section 1106 Signs for Which Permits Will Not Be Granted 48
Section 1107 Procedure for Receiving Permit 49
Section 1108 Revocation of Permit and Removal of Certain Signs 50
Section 1109 Temporary Signs 50
Section 1110 Amortization of Nonconforming Signs 51
Section 1111 Exceptions 51
ARTICLE XII USES REQUIRING SPECIAL USE PERMITS
Section 1201 Public Utilities 52
Section 1202 Motor Vehicle Service Stations 52
Section 1203 Hospitals, Philanthropic and Charitable Uses 53
Section 1204 Camp Grounds 54
Section 1205 Excavating Operations 54
Section 1206 Home Occupations 55
APPENDIX
Appendix A Fee Schedule A1
Appendix B Revisions B1
ZONING
AND THE MASTER PLAN
A comprehensive Master Plan has been prepared which is a basic pattern for the future growth and development of the Town of North Dansville. The general objective of this plan is to provide for controlled community development in favorable patterns so that efficient and economic services will be available and that a desired residential environment will be assured.
This Zoning Law provides the means for attaining orderly community improvements with regard to land use, traffic flow and public facilities and utilities. The Law is in accord with the goals of the well-considered Master Plan for the Town of North Dansville. The specific regulations are based upon consideration of the health, safety, convenience, morals and general welfare of the community of North Dansville as a whole.
Land is the foundation of North Dansville's physical and economic growth. It is imperative that the land will be used for the maximum benefit to the community. This is the purpose of the Zoning Law.
TOWN OF NORTH DANSVILLE PLANNING BOARD
ARTICLE I
ENACTMENT
AND DEFINITIONS
SECTION 101 TITLE
101.1 This law shall constitute and be known as the "Zoning Local Law of the Town of North Dansville, New York" and may be cited as such.
SECTION 102 PURPOSE AND INTENT
102.1 The purpose of this law is to encourage the most appropriate use of land throughout the Town and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses; all in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety form fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land, to avoid undo concentration of population, and to that end to regulate the height, design appearance, number of stories and size of buildings and other structures, and land for trade, industry, residence or other purposes; and the height, size and location of these uses within the limits of the Town.
102.2 For the purpose of this Local Law, all words used in the present tense include the future tense. All words in the plural number include the singular number, unless the natural construction of the word indicates otherwise. the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory and directory. The word may "may" is permissive. The word "used" includes "designed, intended or arranged to be used".
SECTION 103 INTERPRETATION
103.1 In interpreting, construing and applying the provisions of the Law, they shall be held to be the minimum requirements for the protection of the public safety, convenience, prosperity, and general welfare of the public. It is not intended that this Law shall conflict, abrogate, or annul any other law, rule or regulation of the Town of North Dansville, previously adopted or which may hereafter be adopted and not in conflict with these Ordinances nor is it intended by this Local Law to interfere with or abrogate or annul any easements, covenants or other agreements between parties; however, that where this Local Law imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or Local Law, or by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this Law shall control.
SECTION 104 CONFLICT WITH OTHER LAWS
104.1 Whenever the requirements of this Law are at variance with the requirements of any other lawfully adopted rules, regulations or laws, the most restrictive of those imposing the higher standards shall govern.
SECTION 105 VALIDITY AND SEVERABILITY
105.1 In case any section or provision of this Law shall be held invalid in any court the same shall not affect any other section or provision of this Law, except so far as the section or portion so declared invalid shall be inseparable from the remainder or any portion thereof.
SECTION 106 REPEAL OF PRIOR LOCAL LAW
106.1 All prior Zoning Ordinances of the Town of North Dansville, regulating or restricting buildings, the use of lands, setoffs and setbacks are hereby repealed and rescinded.
SECTION 107 AMENDMENTS
107.1 This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare requires such amendment, by following the procedures set forth herein and the applicable requirements of state law.
107.1-1 Authorization to initiate amendments. An amendment to the text or the Zoning Map may be initiated by :
(1) Resolution of intention of the Town Board.
(2) Resolution of intention of the Planning Board.
(3) Application by one (1) property owner or their agent.
107.1-2 Application for an amendment. A property owner or his agent may initiate a request for an amendment to this chapter by filing an application with the Town Clerk, using forms provided for such requests by the Town. Such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of five hundred (500) feet of the exterior boundaries thereof and a filing fee as required in the Town's fee schedule established by resolution.
107.1-3 Public hearing on amendment. A public hearing shall be held by the Town Board on all proposals for an amendment. Notice of said hearing shall be provided as specified by the applicable provisions of state law.
107.1-4 Referral to Planning Board. The Town Board shall refer all applications for a zoning amendment to the Planning Board, when such was not initiated by such Board, for review and recommendation. The Town Board may also specify the time limit on the review by the Planing Board.
107.1-5 Hearing before the Town Board. When applicable, in no case shall any amendment or change be finally considered by the Town Board until all provisions of this chapter have been met. If the Town Board proposes to adopt an amendment that is substantially altered from the recommendation of the Planning Board, the Town Board may refer said proposed amendment back to the Planning Board for report and recommendation before adoption.
107.1-6 Notification of decision. The Town Board shall notify the applicant for amendment in writing of the Town Board's decision within five (5) days after the decision has been rendered.
107.1-7 Records of amendments. The Town Clerk shall maintain separate files and records of each amendment to this chapter, which shall be open to the public inspection upon request.
107.1-8 Whenever any petition for an amendment, supplement or change or the zoning or regulations herein contained or subsequently established shall have been denied by the Town Board, then no new petition including the text and/or map covering the same property or the same property and additional property shall be filed with of or considered by the Town Board until one (1) year shall have elapsed from the date of the first petition.
SECTION 108 EFFECTIVE DATE
108.1 This Law shall take effect immediately after the same shall have been published and posted, as provided by the Law of the State of New York.
SECTION 109 DEFINITIONS
Accessory Building: A building or use incidental and subordinate to the principal structure or use on the same lot.
Accessory Use: A use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
Alley: A public or privately owned service-way less than twenty-four (24) feet in width providing a secondary means of access to the abutting properties.
Alterations: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another or demolition.
Apartment: Any structure housing three or more families or housekeeping units.
Basement: A story partly underground and having more than one-half (1/2) of its height above the average level of the finished grade at the front of the building.
Board: The Town Board of the Town of North Dansville.
Boarding House: A dwelling other than a hotel or rooming house, where five (5) or more persons are housed or lodged for hire without meals.
Building: Any structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
Building Area: The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
Building Height: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs; to the deckline of a mansard roof and to the average height between the plate and the ridge of a gable, hip or gambrel roof.
Building Line: A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
Building Permit: See Zoning Permit.
Cellar: A story partly underground and having more than one-half (1/2) of its clear height below the average level of the finished grade at the front of the building.
Certificate of Occupancy: A certificate issued by the Zoning Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this Law and such adjustments thereto granted by the Board of Appeals.
Certificate of Occupancy (Pre-Existing): A certificate issued by the Zoning Enforcement Officer, acknowledging that a building was pre-existing to the adoption of this Ordinance and that its use has continued without change and, therefore, may be occupied and used for the same purpose.
Club,Private: A nonprofit social organization whose premises are restricted to its members and their guests.
Cluster Development: A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs, but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
Commercial or Business: Means and includes the purchase, sale or transaction involving the disposition of any article, substance, commodity or service; the maintenance or conduct of offices, professions or recreational or amusement enterprises conducted for profit and also includes the renting of rooms, business offices and sales display rooms and premises.
Curb Level: The officially established grade of the curb in front of the midpoint of the lot.
Driveway: A roadway providing a means of access from a street to the property or off-street area. An accessway may also be deemed a "driveway".
Dwelling: A building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
Dwelling Unit: One or more rooms providing living facilities for one family including equipment for cooking, living and sleeping purposes and provisions for the same.
Dwelling, One-Family: A building or dwelling unit designed for or occupied exclusively by one (1) or more persons living as a single, nonprofit housekeeping unit.
Dwelling, Two-Family: A building containing two dwelling units and used exclusively for occupancy by two (2) families living independently of each other; or 2 one-family dwelling units having a party wall in common.
Dwelling, Multifamily: A building or portion thereof containing 3 or more dwelling units and used for occupancy by 3 or more families living independently of each other.
Dwelling, Row: A row of attached or semi-detached one-family dwellings or two-family dwellings containing a total of 3 or more dwelling units; or a building in such a row.
Dwelling, Detached: A dwelling having no party wall in common with another building.
Dwelling, Special Placement: Any building or premises occupied by three or more persons not related to the owners, lessee or operator by blood, marriage or adoption, who upon their release as patients from any recognized mental institution, treatment ward for alcoholism, treatment ward for narcotic addicts or as an inmate of any correctional penal institution, use such building or premises as living facilities in order to secure noninstitutionalized care in their attempt to reenter society as healthy, happy and useful human beings. The operator must reside at such premises.
Family: One(1) or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Farm: Any parcel containing ten (10) acres or more of land which is used for gain in the raising of agricultural crops, but not including livestock, poultry or dairy products.
Farm Building: Any building used for the housing of agricultural equipment, produce, livestock, or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operation of the farm as defined by this Article. The term "Farm Building" shall not include "farm dwelling".
Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected for the enclosure of yard areas.
Flammable Liquid: Liquids having a flash point below 200 degrees Fahrenheit, closed cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25 degrees Fahrenheit. Class II flammable liquids are those having a flash point below 70 degrees Fahrenheit but not below 25 degrees Fahrenheit.
Floor Area Total: The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and useable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls, or from the center line of walls separating two (2) uses. Said areas shall not include areas below the average level of adjoining ground, garage space, or accessory building space.
Frontage: That portion of a parcel of property which abuts a street or highway.
Front Yard: An open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of such main building.
Garage: An accessory building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
Garage, Public: Any garage other than an accessory building, available to the public, operated for gain, and which is used for storage, repair, rental, servicing or equipping of automobiles or other vehicles.
Home Occupation: Any occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot.
Hospital: An establishment for the medical and/or surgical care of sick or injured persons.
Hotel: A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by transient guests and/or the general public and where only a general kitchen and dining room are provided within the building or in an accessory building.
Industry or Industrial: Means and includes storage, manufacture, preparation, processing or repair of any article, substance, or commodity and the conduct of the industrial trade but shall not mean such preparation, processing or repair as are customarily applied to articles, substances, or commodities in retail businesses or trade for on the premise transactions.
Junkyard: A lot, land or structure or part thereof used primarily for the collecting, 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. Two (2) or more disabled vehicles allowed to remain unhoused on a premises more than thirty (30) days will constitute a junkyard.
Kennel: Any premises on which four (4) or more dogs over four (4) months of age are kept.
Living Space: The gross area of the floors of a dwelling not including the areas of porches, garages, cellars, breezeways, furnace room and areas not used for home occupation.
Lot: A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
Lot Area: An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
Lot, Corner: A parcel of land at the junction of and fronting on two (2) or more intersecting streets.
Lot, Interior: A lot other than a corner lot.
Lot Lines: The property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect and street lot line the front lot line. the rear line shall be the lot line most distant from the front line.
Lot, Through: An interior lot having frontage on two (2) parallel or approximately parallel streets.
Lot Depth: The horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
Lot Width: The horizontal distance between the side lot lines measured at right angles to its depth at the building line.
Manufactured Home: Any building which is of closed construction which is made or assembled in a manufacturing facility on or off the building site for installation on the building site specifically designed to be placed on a permanent foundation intended for shelter, housing or enclosure of persons hereinafter referred to as a "dwelling". * Must comply with New York State Building and Fire Code Regulations. This shall not include a mobile home.
Motel: A building or group of buildings, whether detached or in connected units used as individual sleeping units designed primarily for transient automobile travelers and providing accessory off-street parking; and, if desired, restaurant facilities. The term "motel" shall also include tourist courts, motor lodges and similar uses.
Nonconforming Use: Any use of a building, structure, or land existing at the time of enactment of this Law which does not conform to the use regulations of the district in which it is situated.
Nonconforming Building: A building which in its design or location upon a lot does not conform to the regulations of this Law for the zone in which it is located.
Nonconforming Lot: A lot of record existing at the date of passage of this Law which does not have the minimum width or contain the minimum area for the zone in which it is located.
Planned Unit Development: For the purpose of this Law, a planned unit development is a cluster development consisting of a minimum of 200 homes plus business uses as described herein.
Planning Board: The Town of North Dansville Planning Board.
Plat: A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties.
Preconstructed Storage Building: Any building which is of closed construction which is made or assembled in a manufacturing facility on or off the building site for construction or assembly and installation on the site exclusively for storage purposes, and requiring no permanent foundation.
Principal Building: A building in which is conducted the main or principal use of the lot on which said building is situated.
Principal Use: The main use to which a building or lot is to be used.
Rear Yard: An open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
Restaurant: Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building, or elsewhere on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group of an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
Rooming House: A building in which three (3) or more rooms are rented and in which no table board is furnished.
Right-of-Way: The line determining the street or highway public limit or ownership.
Satellite Receiving Antenna: A device to receive television microwave transmissions.
Service Station or Motor Vehicle Service Station: Any building, structure or land used primarily for the dispersal, sale or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement or rebuilding, body and fender repair or painting.
Setback: The distance from a street or lot line to the wall or that part of a structure nearest said lot line, not including entrance steps, marquees or roof overhangs which are open to light, air and visibility. If a structure is of cantilever construction or is supported by beams or poles instead of walls, the setback shall be measured from the line to a point on the ground determined by dropping a plumb line vertically from the exterior wall of said structure nearest said line. All measurements shall be made at right angles to or radially from the line to the structure.
Side Yard: An open space extending from the front yard to the rear yard between any building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of any building.
Sign, On-Premise Advertising: A sign shall be deemed to be any advertising display on which is shown the products sold, the name of the enterprise located on that lot or parcel of land or any other wording which reflects directly upon any on-site business or other usage thereof.
Signboard, Billboard, Off-Premise Advertising: Any advertising display on which is shown any advertisement for products or businesses other than which are sold or have occupancy on that lot or parcel of land.
Sign Area: The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.
Site Plan: A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
Solar Panels: Heat absorption panels used for storing or utilization of solar energy.
Story: That portion of a building between the surface of any floor and the surface of the floor next above; also any portion of a building used for human occupancy between the top-most floor and the roof. For the purposes of height measurement, in determining the permissible number of stories, a basement shall be counted but a cellar shall not be counted.
Story, Half: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite side exterior walls are not more than two (2) feet above the floor of such story.
Street: A public or private thoroughfare which affords the principal means of access to abutting property.
Street Line: That line determining the limit of the highway rights of the public, either existing or contemplated.
Structural Alterations: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
Swimming Pool. Private: A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
Swimming Pool, Public: A public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
Temporary or Seasonal Occupancy: The use of any premises, structure or use for living and/or sleeping purposes for one hundred eighty (180) days or less in any calendar year.
Temporary Use: An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this Law. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
Trailer or Mobile Home: A vehicle used for living or sleeping purposes, and standing on wheels or rigid supports.
Trailer Park: A tract of land where two or more trailers are parked, or which is used or held out for the purpose of supplying the public parking space for two (2) or more trailers.
True Value: The value of a property as a dollar amount derived from the assessed value shown on the tax card, divided by the equalization rate prescribed by the State, as shown on the following example:
Assessed Value = True Value
Equalization Rate
Use: The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
Variance: To vary the strict application of any of the requirements of this law.
Windmills: An alternate energy device which converts wind energy, by means of a rotor. to mechanical or electrical energy. </