Dansville City Zoning Code
ARTICLE I
Enactment and Definitions
§ 101 Title.
This chapter shall constitute and be known as the "Zoning Law of the Village of Dansville, New York" and may be cited as such.
§ 102 Purpose and intent.
A.
The purpose of this chapter is to encourage the most appropriate use of land throughout the Village 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 Village.
B.
Word usage: construal of minimum measurements. 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 "district" includes the plural "districts"; the word "lot" includes "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory;: "occupied" or "used" shall be construed as though followed by the words "or intended, arranged or designed to be used or occupied"; and the words "occupancy" or "use" shall be construed as similarly qualified.
[Amended 3-12-1985 by L.L. No. 4-1985]
C.
All minimum measurements pertaining to lots or spaces shall be exclusive of the rights-of-way of any and all highways, streets or roadways.
[Amended 3-12-1985 by L.L. No. 4-1985]
§ 103 Interpretation.
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 chapter shall conflict, abrogate, or annul any other law, rule or regulation of the Village of Dansville, previously adopted or which may hereafter be adopted and not in conflict with these laws, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; however, that where this chapter 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 by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this chapter shall control.
§ 104 Conflict with other provisions.
Whenever the requirements of this chapter 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.
§ 105 Severability.
In case any section or provision of this chapter shall be held invalid in any court, the same shall not affect any other section or provision of this chapter, except so far as the section or portion so declared invalid shall be inseparable from the remainder or any portion thereof.
§ 106 Repealer.
All prior Zoning Ordinances of the Village of Dansville, regulating or restricting buildings, the use of lands, setoffs and setbacks, are hereby repealed and rescinded.
§ 107 Amendments.
[Amended 6-9-1981 by L.L. No. 2-1981, 3-12-1985 by L.L. No. 4-1985]
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.
B.
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 Village Clerk-Treasurer, using forms provided for such requests by the Village. 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 500 feet of the exterior boundaries thereof and a filing fee as required in the Village's fee schedule established by resolution.
C.
Public hearing on amendment. A public hearing shall be held by the Village Board on all proposals for an amendment. Notice of said hearing shall be provided as specified by the applicable provisions of state law.
D.
Referral to Planning Board. The Village 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 Village Board may also specify the time limit on the review by the Planing Board.
E.
Hearing before Village Board. When applicable, in no case shall any amendment or change be finally considered by the Village Board until all provisions of this chapter have been met. If the Village Board proposes to adopt an amendment that is substantially altered from the recommendation of the Planning Board, the Village Board may refer said proposed amendment back to the Planning Board for report and recommendation before adoption.
F.
Notification of decision. The Village Board shall notify the applicant for amendment in writing of the Village Board's decision within five days after the decision has been rendered.
G.
Records of amendments. The Village Clerk-Treasurer shall maintain separate files and records of each amendment to this chapter, which shall be open to the public inspection upon request.
H.
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 Village 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 or considered by the Village Board until one year shall have elapsed from the date of the first petition.
§ 108 When effective.
This chapter shall take effect immediately after the same shall have been published and posted, as provided by the law of the State of New York.
§ 109 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A building or use incidental and subordinate to the principal structure or use on the same lot.
[Amended 3-12-1985 by L.L. No. 4-1985]
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.
A public or privately owned service-way less than 24 feet in width providing a secondary means of access to the abutting properties.
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.
[Amended 3-12-1985 by L.L. No. 4-1985]
Any structure housing three or more families or housekeeping units.
A story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
The Board of Trustees of the Village of Dansville.
A dwelling other than a hotel or rooming house, where five or more persons are housed or lodged for hire without meals.
Any structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
[Amended 3-12-1985 by L.L. No. 4-1985]
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.
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 deck line of a mansard roof and to the average height between the plate and the ridge of a gable, hip or gambrel roof.
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.
See "zoning permit."
[Added 3-12-1985 by L.L. No. 4-1985]
A story partly underground and having more than 1/2 of its clear height below the average level of the finished grade at the front of the building.
A certificate issued by the Code and Zoning Enforcement Officer, acknowledging that a building was preexisting to the adoption of this chapter and that its use has continued without change and, therefore, may be occupied and used for the same purpose.
[Added 3-12-1985 by L.L. No. 4-1985]
A certificate issued by the Code and 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 chapter and such adjustments thereto granted by the Board of Appeals.
Shall include buildings and structures occupied by persons of age 18 or under, who receive custodial care for less than 24 hours by individuals other than parents or guardians, relatives by blood, marriage, or adoption, and in a place other than the home of the person cared for.
A nonprofit social organization whose premises are restricted to its members and their guests.
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.
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.
The officially established grade of the curb in front of the midpoint of the lot.
[Amended 3-12-1985 by L.L. No. 4-1985]
A tame animal kept primarily for a person's company, protection or entertainment rather than as a working animal, sport animal, livestock or laboratory animal. An animal that resides inside the dwelling unit for the majority of the day. (Example: dog, cat, small mammals.)
[Added 6-20-2017 by L.L. No. 3-2017]
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."
[Added 3-12-1985 by L.L. No. 4-1985]
A building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
One or more rooms providing living facilities for one family including equipment for cooking, living and sleeping purposes and provisions for the same.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling units and used for occupancy by three or more families living independently of each other.
A building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
A row of attached or semidetached one-family dwellings or two-family dwellings containing a total of three or more dwelling units; or a building in such a row.
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 non institutionalized care in their attempt to reenter society as healthy, happy and useful human beings. The operator must reside at such premises.
A building containing two dwelling units and used exclusively for occupancy by two families living independently of each other; or two one-family dwelling units having a party wall in common.
One or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Any parcel containing 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.
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."
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.
Liquids having a flash point below 200º F., closed-cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25º F. Class II flammable liquids are those having a flash point below 70º F. but not below 25º F.
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable 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 uses. Said areas shall not include areas below the average level of adjoining ground, garage space, or accessory building space.
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.
That portion of a parcel of property which abuts a street or highway.
[Added 3-12-1985 by L.L. No. 4-1985]
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.
[Amended 3-12-1985 by L.L. No. 4-1985]
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.
Any occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot.
[Amended 3-12-1985 by L.L. No. 4-1985]
An establishment for the medical and/or surgical care of sick or injured persons.
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.
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-premises transactions.
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 or more disabled vehicles allowed to remain unhoused on a premises more than 30 days will constitute a junkyard.
[Amended 3-12-1985 by L.L. No. 4-1985; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any premises or land on which four or more dogs over four months of age are kept. Any premises or land that has more than one litter of puppies in any twelve-month period.
[Amended 6-20-2017 by L.L. No. 3-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]]
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.
More than 30 calendar days.
[Added 6-20-2017 by L.L. No. 3-2017]
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.
[Amended 3-12-1985 by L.L. No. 4-1985]
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.
The horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
The property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect any street lot line the front lot line; the rear line shall be the lot line most distant from the front line.
The horizontal distance between the side lot lines measured at right angles to its depth at the building line.
A parcel of land at the junction of and fronting on two or more intersecting streets.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately parallel streets.
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 Fire Prevention and Building Codes. This shall not include a single-width mobile home for which the transport axles remains part of the structural member of the unit.
[Added 3-12-1985 by L.L. No. 4-1985; amended 6-20-2017 by L.L. No. 3-2017]
Both habitable and nonhabitable space inside a structure but not to include the basement, cellar, attic thereof, and also not to include any exterior decks, porches or garage areas of the structure whether said garage is attached or not.
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.
Any structure containing two or more dwelling units.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
A lot of record existing at the date of passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
Any use of a building, structure, or land existing at the time of enactment of this chapter which does not conform to the use regulations of the district in which it is situated.
A cluster development consisting of a minimum of 250 homes plus business uses as described herein.
The Village of Dansville Planning Board.
A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties.
A lightweight metal-framed structure that has metal or plastic fabric material as sheathing. A zoning permit is required prior to placement of any of these structures of 144 square feet or larger to facilitate meeting zoning setbacks.
[Added 6-20-2017 by L.L. No. 3-2017]
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 building site exclusively for storage purposes, and requiring no permanent foundation.
[Added 3-12-1985 by L.L. No. 4-1985]
Any tract of land with a habitable structure on it. No matter the number of dwelling units within the structure, the structure as a whole is considered one premises.
[Added 6-20-2017 by L.L. No. 3-2017]
A building in which is conducted the main or principal use of the lot on which said building is situated.
The main use to which a building or lot is to be used.
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.
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."
The line determining the street or highway public limit or ownership.
A building in which three or more rooms are rented and in which no table board is furnished.
A device to receive television microwave transmissions.
[Added 3-12-1985 by L.L. No. 4-1985]
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.
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.
[Added 3-12-1985 by L.L. No. 4-1985]
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.
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.
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.
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.
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.
A panel designed to absorb the sun’s rays as a source of energy for generating electricity or heating.
[Added 3-12-1985 by L.L. No. 4-1985; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite side exterior walls are not more than two feet above the floor of such story.
A public or private thoroughfare which affords the principal means of access to abutting property.
That line determining the limit of the highway rights of the public, either existing or contemplated.
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
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.
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
An alteration of a building or a facility that has little likelihood of being accomplished, because the existing structural conditions require the removal or alteration of a load bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements for new construction and that are necessary to provide accessibility.
The use of any premises, structure or use for living and/or sleeping purposes for 180 days or less in any calendar year.
An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
A vehicle used for living or sleeping purposes, and standing on wheels or rigid supports.
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 or more trailers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A building or portion thereof in which one or more persons use for temporary shelter.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Equalization Rate | = | True Value |
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
To vary the strict application of any of the requirements of this chapter.
[Added 3-12-1985 by L.L. No. 4-1985]
An alternate energy device which converts wind energy, by means of a rotor, to mechanical or electrical energy. A wind generator may also be deemed as a "windmill."
[Added 3-12-1985 by L.L. No. 4-1985]
The officially established Zoning Board of Appeals of the Village of Dansville.
A permit issued by the Code and Zoning Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under the law for the zone in which it is located or is to be located.