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Canisteo Village City Zoning Code

ARTICLE III

District Regulations

§ 119-6 Applicability; conformance required.

The regulations set forth herein for each district shall be minimum regulations and shall apply uniformly to class or kind of structures or land.
A. 
Except as herein provided, no building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the zone in which it is located. Any lawful use existing prior to the enactment of this chapter which does not conform to the requirements of this chapter may continue as a nonconforming use as provided herein (Article VI).
B. 
No building or other structure shall hereinafter be erected or altered:
(1) 
To exceed the height or bulk.
(2) 
To accommodate or house a greater number of families.
(3) 
To occupy a greater percentage of lot area.
(4) 
To have narrower or smaller rear yards, front yards or other open spaces than required herein.
(5) 
In any other manner contrary to the provisions of this chapter.
C. 
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.
E. 
Yards or lots created after the effective date of said regulations shall meet at least the minimum requirements established herein.

§ 119-7 Use regulations established.

The following use regulations are established for each district as shown on the Official Zoning Map. In each district, no structure shall be erected or altered and no structure or land shall be used except for one or more of the uses specified herein for each district.

§ 119-8 Low-Density Residential (LDR) District.

A. 
Intent. This district is created in recognition of substantial areas of the Village committed to essentially single-family residential development of relatively low density. It is intended to preserve and protect this residential area with little or no change in density or intermingling of other types of uses.
B. 
Permitted principal uses shall be as follows:
(1) 
Agriculture (no farm animals).
(2) 
Historical museums, monuments and markers.
(3) 
Public parks and playgrounds.
(4) 
Single- and two-family dwellings.
C. 
Accessory uses shall be as follows:
(1) 
Carports, residential storage structures.
(2) 
Fireplaces, trellises, lampposts and signs.
(3) 
Home occupations, as provided elsewhere herein (§ 119-24).
(4) 
Play equipment and required off-street parking.
(5) 
Private garages and private swimming pools.
(6) 
Similar uses clearly incidental and accessory to a permitted principal use.
D. 
Special permit uses shall be as follows:
(1) 
Day nurseries.
(2) 
Essential services.
(3) 
Nursing or convalescent homes and hospitals.
(4) 
Private or parochial schools and churches.

§ 119-9 Medium-Density Residential (MDR) District.

[Amended 11-5-1990 by L.L. No. 2-1990]
A. 
Intent. The intent of this district is to delineate those areas where predominantly residential development has occurred or will likely occur at medium density, including the area surrounding the Central Business District where multiple-family dwellings and some intermingling of business uses have or will likely occur. Multistory apartments may be developed under prescribed standards of density and open space.
B. 
Permitted principal uses shall be as follows:
(1) 
Agriculture (no farm animals).
(2) 
Day nurseries.
(3) 
Museums, historical monuments and markers.
(4) 
Public parks and playgrounds.
(5) 
Single- and two-family dwellings.
C. 
Accessory uses shall be as follows:
(1) 
Carports, residential storage structures.
(2) 
Fireplaces, trellises, lampposts, signs.
(3) 
Home occupations as provided elsewhere herein (§ 119-24).
(4) 
Play equipment, required off-street parking.
(5) 
Private garages, swimming pools.
(6) 
Similar uses clearly incidental and accessory to a permitted principal use.
D. 
Special permit uses shall be as follows:
(1) 
Essential services.
(2) 
Membership clubs.
(3) 
Mini storage warehouses.
(4) 
Multifamily dwellings.
(5) 
Nursing or convalescent homes, hospitals.
(6) 
Private or parochial schools, churches.
(7) 
Professional offices.

§ 119-10 Mobile Home Park (MHP) District.

A. 
Intent. The purpose of this district is to provide a centrally located park for mobile homes within the Village of Canisteo.
B. 
Permitted principal uses shall be as follows:
(1) 
Manufactured homes (mobile homes).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Mobile home parks.
(3) 
Public and private parks and playgrounds.
C. 
Accessory uses shall be as follows:
(1) 
Usual and customary uses incidental to a permitted use.

§ 119-11 Central Business (CBD) District.

[Amended 3-8-1988 by L.L. No. 1-1988; 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989; 9-1-1992 by L.L. No. 3-1992]
A. 
Intent. It is the intent of this district to delineate the primary Central Business District to which the public requires frequent access and to encourage survival and renewal of this historic business area. A variety of business, institutional, public, quasi-public, cultural and other related uses are encouraged. Industrial uses are prohibited as are other uses which would interfere with the continuation and viability of the central-business character of the area.
B. 
Permitted principal uses shall be as follows:
(1) 
Bus stations.
(2) 
Business and professional offices.
(3) 
Dwellings and apartments accessory to a commercial use.
(4) 
Florist shops.
(5) 
Funeral homes.
(6) 
Furniture stores, laundromats.
(7) 
Hotels, motels, banks, parking lots.
(8) 
Libraries, museums, historical monuments and markers.
(9) 
Membership clubs.
(10) 
Printing shops.
(11) 
Restaurants.
(12) 
Retail stores and service establishments.
(13) 
Single-family and two-family dwellings.
(14) 
Theaters, pool halls, bowling alleys.
(15) 
Uses of the same general character as those above, upon approval of the Zoning Board.
C. 
Accessory uses shall be as follows:
(1) 
Building or use customarily incidental to a permitted use.
(2) 
Parking or loading spaces for private and commercial vehicles.
(3) 
Signs as provided for in supplementary regulations.
D. 
Special permit uses shall be as follows:
(1) 
Car-wash facilities.
(2) 
Commercial establishments with 10,000 square feet or more floor space.
(3) 
Dance hall, nightclub, skating rink or similar places of entertainment.
(4) 
Essential services.
(5) 
Multifamily dwellings.

§ 119-12 General Commercial (GC) District.

A. 
Intent. The purpose of this district is to encourage the development of areas for general commercial uses to serve local and regional markets and to provide for new commercial facilities, including shopping centers, with provision for the accommodation of traffic and parking.
B. 
Permitted principal uses shall be as follows:
[Amended 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
(1) 
Banks, offices, restaurants, bars, day nurseries, libraries, museums, historical monuments and markers.
(2) 
Funeral homes, small animal hospitals, medical and dental clinics and nursing homes.
(3) 
Garages, service stations, department stores and parking lots.
(4) 
Printing shops, studios, laundromats and hotels and motels.
(5) 
Retail sales and display rooms, not including yards for the storage or display of new or used building material or for any scrap or salvage operation, storage or sales.
(6) 
Retail stores, including those with incidental manufacturing or processing of goods for sale at retail only on the premises.
(7) 
Single- and two-family dwellings.
(8) 
Theaters and amusement enterprises, business and professional offices and newspaper offices.
(9) 
Uses of the same general character as those above, upon approval of the Zoning Board.
C. 
Accessory uses shall be as follows:
(1) 
Uses customarily incidental to permitted uses and signs.
D. 
Special permit uses shall be as follows:
[Amended 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
(1) 
Churches, private schools, car washes, membership clubs and essential services.
(2) 
Commercial establishments with 10,000 square feet or more floor space.
(3) 
Multifamily dwellings.

§ 119-13 Light Industrial (I) District.

A. 
Intent. The intent of this district is to permit manufacturing, processing and warehousing not requiring extensive facilities nor generating heavy traffic nor requiring major highway access.
B. 
Permitted principal uses shall be as follows:
(1) 
Any use of a light industrial nature which involves only the processing, assembly or packaging of previously prepared or refined materials when conducted within an enclosed building.
(2) 
Machinery manufacturing, such as carburetor and small machine parts, cash registers, sewing machines, typewriters and other office machines.
(3) 
Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, metal furniture, musical instruments and sheet metal products.
(4) 
Fabrication of paper products, such as bags, book bindings, boxes, packaging material, office supplies, processing of pharmaceutical and cosmetic products.
(5) 
Fabrication of wood products such as boats, boxes, cabinets, toys, etc.
(6) 
Food and associated industries, such as bakeries, bottling, food and cereal mixing, food packaging, ice cream manufacturing and research laboratories.
(7) 
Laundry and dry cleaning; warehousing and storage of goods and products, such as building materials and farm supplies.
(8) 
Automotive service, including sales, repairs, washing, service stations, garages and parking lots.
C. 
Accessory uses shall be as follows:
(1) 
Garage and storage buildings for vehicles, equipment or materials, parking areas and signs.
(2) 
Essential governmental structures, such as a dog/animal impoundment.
[Added 6-7-2010 by L.L. No. 2-2010]
D. 
Prohibited uses shall be as follows:
(1) 
The manufacture of articles involving celluloid.
(2) 
The manufacture of coke and the storage of coal or coke, except for on-premises use.
(3) 
The storage or accumulation of garbage, dead animals, refuse, etc., except in amounts normally accumulated for scheduled pickup at least weekly.
(4) 
The storage of natural gas, except propane, in excess of 10,000 cubic feet or the storage of gasoline in an amount in excess of that necessary for a retail gasoline station.
(5) 
The storage or manufacture of gunpowder or explosives.
(6) 
Junkyards or the storage of scrap metals, paper or rags.
(7) 
The storage or processing of rawhides or skins.

§ 119-14 Floodplain Overlay Zone (FP). [1]

[Added 7-3-1989 by L.L. No. 9-1989]
A. 
There is hereby established a Floodplain Overlay Zone, the boundaries of which are delineated on the Zoning Map.[2] This section provides additional special requirements for areas within the defined Floodplain Overlay Zone. These requirements are in addition to those contained in the underlying zoning district. The underlying zone in the floodplain area is industrial.
[2]
Editor's Note: The Zoning Map is on file in the office of the Village Clerk, where it is available for examination by the public.
B. 
The provisions of this section shall take precedence over any other zoning article, ordinance or law to the extent that the provisions of this section are inconsistent with other regulations.
[1]
Editor's Note: The original section entitled "Floodplain Overlay Zone (FP)" was repealed 4-6-1987 by L.L. No. 1-1987. For additional provisions, see Ch. 69, Flood Damage Prevention.