Geneva City Zoning Code
PART 1
Introductory Provisions
§ 350-1.1 Authority and purpose.
This chapter is enacted pursuant to the authority and provisions of the General City Law to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings and enhance the value of land and the aesthetic aspects throughout the City.
§ 350-1.2 Zoning Map.
The location and boundaries of said zoning districts are shown on the map designated "Official Zoning Map of the City of Geneva," which is attached hereto and is hereby made a part of this chapter. Said map and all notations, references and designations shown thereon shall be, as such, a part of this chapter as if the same were all fully described and set forth herein.
§ 350-1.3 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any aforesaid districts as shown on the Zoning Map, the following shall apply:
A.
Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements, or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility or watercourse is moved a maximum of 50 feet.
B.
Where district boundaries are indicated as approximately following the City boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C.
Where district boundaries are so indicated that they are approximately parallel to the City boundary line, property lines, lot lines, right-of-way lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
D.
Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion.
E.
In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon, but in no instance will a district depth be less than the specified minimum lot depth required for each district.
§ 350-2.1 Meaning and intent.
The language of this chapter must be read literally. Regulations are no more or less strict than stated. Words defined in this article shall have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in this chapter shall have the relevant meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.
§ 350-2.2 Tenses and usage.
For the purpose of this chapter, certain terms and tenses used herein shall be interpreted or defined as follows:
A.
Words used in the singular include the plural. The reverse is also true.
B.
Words used in the present tense include the future tense. The reverse is also true.
C.
The words "must," "will," "shall" and "may not" are mandatory.
D.
The word "may" is permissive, and "should" is advisory, not mandatory or required.
E.
The word "occupied" shall include "designed, arranged, or intended to be occupied."
F.
The word "used" shall include the words "arranged, designed or intended to be used."
G.
The word "person" shall mean a person, firm or corporation or the plurals of those words.
H.
The word "lot" shall include the word "plot" or "parcel."
I.
When used with numbers, "up to X," "not more than X" and "a maximum of X" all include X.
§ 350-2.3 Conjunctions.
§ 350-2.4 Lists and examples.
Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
§ 350-2.5 Fractions.
The following rules apply to factional number unless otherwise expressly stated.
A.
Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a fifty-foot dimension, the resulting fraction of 1.67 is rounded up to two required trees.
B.
Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to an 18,500 square foot lot, the resulting fraction of 3.7 is rounded down to three permitted dwelling units.
§ 350-2.6 Current versions and citations.
All references to other city, county, state, or federal regulations in this chapter refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning law requirements for compliance are no longer in effect.
§ 350-2.7 Definitions.
The following definitions shall be used in interpreting this chapter:
The term applied to a building, structure, or use (except for accessory dwelling unit) that:
Is customarily incidental and subordinate to and serves a principal building or use;
Is subordinate in area, extent, or purpose to the principal building or use served;
Contributes to the comfort, convenience, or necessity of occupants of the principal building or use; and
Is located on the same parcel as the principal building or use.
One subordinate dwelling unit that is an adapted reuse of an existing or new permanent detached accessory structure located on the same parcel as the primary dwelling unit.
Any adult arcade, adult bookstore or video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, massage establishment, nude model studio or sexual encounter center, as those terms are defined herein. This definition shall not include any bona fide medical or health service office or establishment in which clients or customers may be required to display any specified anatomical area for the purpose of diagnosis or treatment.
ADULTWhen used as part of or in conjunction with other terms defined herein, refers to establishments which customarily exclude persons who, by reason of age, are defined as minors under New York State law.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration of specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features any of the following:
Persons who appear in a state of nudity; or where there is topless waitressing, bussing or table or bar service; or establishments which offer service where the servers wear pasties or G-strings or both;
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or commercial enterprise who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHIncludes any of the following as related to an adult use:
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical or massage therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITYThe state of dress of the human body in which the buttocks or anus, genitals, pubic region or full female breast are less than completely and opaquely covered.
PRINCIPAL BUSINESS PURPOSETwenty percent or more of the business is devoted to or comprised of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor area or space devoted to the sale and/or display of such merchandise; or
The amount of advertising which is devoted to such merchandise, either in the print or broadcast media.
SEMINUDEA state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
SPECIFIED ANATOMICAL AREASThe male genitals or pubic region in a state of nudity, or the human male genitals in a discernible state, even if completely and opaquely covered, and/or the vulva or pubic region or the full female breast in a state of nudity.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
TRANSFER OF OWNERSHIP OR CONTROLAny of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
The use of land, buildings, structures, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise or a hobby, and including greenhouse, nursery, timber operations, compost, mulch, or other organic biomass crops, beekeeping, and commercial horse boarding/equine operations as defined in NYS Agriculture and Markets Law Article 25-AA, § 301.
Any construction or renovation to an existing structure other than repair or addition.
A commercial operation that provides grooming services for domesticated animals and pets that customarily reside and are cared for within a residential dwelling.
The outward visible aspect.
A property owner or agent of a property owner who has filed an application for a land development activity as provided herein.
Sympathetic, compatible with, or fitting, to the context of the site and the whole community.
Favorable decision to an application that indicates acceptance and the terms of the application, as written or modified, are satisfactory. Includes both approval and approval with conditions.
The visible, functional objects accessory to and part of buildings.
A prominent or significant part or element of a building, structure, or site.
The characteristic form and detail, as of buildings of a particular historic period or school of architectural thought.
A multiunit residence building (or buildings) designed for and restricted to the housing of persons, each of whom is at least 55 years of age, and in which personal and health-related services (such as congregate meals, housekeeping, homemaking, transportation, social activities, personal care and supervision) are provided to residents. An assisted-living facility must be licensed by the NYS Department of Health as an "adult home" or as a provider of "enriched housing" services or dementia care.
That space of a building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
A roof-like protective cover of canvas or other flexible material over a door, entrance, window or outdoor service area that projects from the facade of a structure.
A story partly below finished grade but having at least 1/2 of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story when determining the height of a building in stories.
An owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.
A raised form of earth to provide screening or to improve the aesthetic character.
The length of a street between two intersections or between an intersection and its termination.
An enclosed building for the manufacture, processing, bottling, and packaging of malt liquors, such as beer, ale, or ciders, but not to include distilled liquors, and duly licensed by the NYS Liquor Authority. For the purposes of this chapter, a brewery in the Central Business District (CB) shall include a tasting room.
A unit of land, together with a specified type and amount of planting and/or fencing thereon, which may be required to eliminate or minimize conflicts between land uses. Also referred to as "screening."
Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing, or enclosure of persons, animals or chattel.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
The area of a single building at ground level measured from the exterior of the foundation walls, exclusive of attached garages, porches, terraces, breezeways and cellars.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
A line parallel to the front lot line, drawn through that point or projection of a building face which is closest to the front lot line; provided, however, that where side lot lines are not perpendicular to the front lot line, then the front building line shall be the shortest line drawn through that point or projection of a building face which is closest to the front lot line and perpendicular to either side lot line. The building face shall include any portion of the building or structure, enclosed or unenclosed, except steps.
A line parallel to the rear lot line, drawn through that point or projection of a building face which is closest to the rear lot line; provided, however, that where side lot lines are not perpendicular to the rear lot line, then the rear building line shall be the shortest line drawn through that point or projection of a building face which is closest to the rear lot line and perpendicular to either side lot line. The building face shall include any portion of the building or structure that is enclosed. On a through lot, the rear building line shall be determined on the opposite side of the principal building from the street where the property is addressed.
A line along the edge of a building face which is closes to the side lot line that extends to the front lot line and rear lot line and is generally parallel to the side lot line.
A term used to describe the size, volume, area, and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building, and all open spaces required in connection with a building, other structure, or tract of land.
Any occupancy or use classified under the provisions of the New York State Uniform Fire Prevention and Building Code.
The measurement of the size in inches of the diameter of small trees (under six inches), usually measured at six inches above grade. Trees greater than six inches in diameter are measured 12 inches above the ground. This measurement is generally used for tree-planting measurement applications.
A covered parking structure enclosed on three sides but without doors.
The atmosphere or physical environment that is created by the combination of land use and buildings within an area. "Character" is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
The City of Geneva, New York.
The duly elected common council of the City of Geneva, New York.
The duly designated Code Enforcement Officer (CEO) of the City of Geneva.
Any message where the primary purpose of which is the commercial advertisement or promotion of a commercial entity, product, event, or service (including content on an internet website operated for a commercial purpose).
A vehicle of more than one-ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanent affixed sign exceeding one square foot in area or lettering of a commercial nature.
Any building, room, or area designed or utilized primarily for indoor recreational, educational and civic pursuits and purposes by nearby residents, but not including any retail, service, or other commercial activities.
The premises and buildings used by a local, international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations or for educational and cultural purposes.
In harmony with location, context, setting, and historic character, as applicable. This shall include, but is not limited to:
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
A pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; and/or
A pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood, area or city.
A commercial operation within the premise of a larger use, typically selling refreshments to patrons of the larger use.
A horizontal decorative molding that crowns a building, such as the top edge of a facade or over an external door or window.
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
Daytime care or instruction of three or more children or adults away from their own homes for more than three but less than 24 hours per day, by an individual, association, corporation, institution or agency, whether or not for compensation or reward. Such centers shall be duly licensed by NYS law.
Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
An enclosed building for the manufacture, processing, bottling, and packaging of distilled liquors, such as vodka, gin, whiskey, or tequila, duly licensed by the NYS Liquor Authority. For the purposes of this chapter, that shall include operations that may include tasting rooms.
A window or other such structure wherein the sale of goods or delivery of services is provided directly to patrons while seated in motor vehicles located on the premises.
A building designed or used principally as the living quarters for one or more families.
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
A dwelling unit located within a mixed-use or multistory building on any floor other than the ground floor.
A single- or two-family dwelling attached by a common party wall.
A building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
A building containing one dwelling unit and designed or used exclusively for occupancy by one family.
A building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
Any change in any occupancy or use which results in an addition to the building footprint or an increase in the total interior square footage or in an increase in the total number of occupancies or uses contained within the building or structure.
The face of a building.
The principal face of a building that looks onto a street, right-of-way, or open space. Buildings on corner lots shall be considered to have two primary or front facades.
A family consists of:
One person, or two or more persons related by blood, marriage or adoption; or
Not more than five persons not necessarily related by blood, marriage or adoption and, in addition, any domestic servants or gratuitous guests who live together in a single dwelling unit and maintain a common household.
The sum of the total horizontal area of all floors or stories of a dwelling or occupied by a use as measured to the outside surfaces of structural walls, including attached garages, enclosed porches, and other attached accessory structures having more than 50% of the perimeter enclosed or screened. Basements, attics, and cellars legally occupied by a residential or commercial use shall also be included in the calculation of gross floor area.
The extent of a building or a lot abutting or parallel to a street or right-of-way.
Covered parking enclosed on three sides and provided with doors and located as an accessory structure or incorporated into principal structures.
Any land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil or other lubricating substances, including any sale of motor vehicle accessories. Such use may include incidental sales of food or other consumptive goods.
An establishment providing indoor recreation or instruction to patrons for health, exercise, or educational purposes.
An accessory use of a service character customarily conducted entirely within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a permitted sign in accordance with this chapter.
A residence building (or buildings) in which housing and supportive programming for terminally ill persons and their families is provided in accordance with the NYS Department of Health.
A building containing beds for four or more patients and used for the diagnosis, treatment, or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment, or other care of human ailments.
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances. A hotel or inn may also include incidental uses such as conference rooms or banquet rooms. Additional commercial services proposed as part of a hotel, such as restaurants, taverns, or spas, shall be considered separate uses for the purposes of this chapter and shall be permitted in accordance with district regulations.
A surface composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious surfaces shall include but are not limited to roofs, solid decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, or compacted gravel surfaces.
The total area of all buildings, structures, and surfaces of impermeable pavement or other such material that impedes or prevents natural infiltration of water into the soil underneath.
An area of land with or without buildings used for or occupied by the storage, keeping, or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a junkyard.
Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding of which a fee is charged or paid.
Plant materials, topography, and other natural physical elements combined in relation to one another and to man-made structures.
The area required or permitted under this chapter to be devoted to landscaping and environmental improvement, which may include, but is not limited to, existing and new vegetation, planting beds and berms.
The use of natural plant materials including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).
The manufacture, assembly or packing of products not objectionable or injurious due to smoke, noise, odors, glare, dust, or the release of hazardous materials. Such products would include cloth, metal, plastic, paper, wood, electronic instruments or devices, pharmaceutical, optics, precision instruments, laboratories, research and development and similar activities conducted completely within a building.
An area, exclusive of driveways, passageways, maneuvering aisles or other maneuvering space, for the loading and/or unloading of one motor vehicle used for the transport of goods.
A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership and the customary accessories and open spaces belonging to the same. A lot shall abut and be accessible from a public or private street.
The percentage of the area of the lot covered by impervious surface.
The property line bounding the lot. Where any property line parallels a street and is not coincident with the street line, the street line shall be construed as the property line for the purpose of complying with the area and setback regulations of this chapter.
The street right-of-way line at the front of the lot. On a corner lot there shall be two front lot lines.
The lot line opposite to the front lot line.
Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
The total horizontal area included within lot lines.
The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.
A lot at the junction of and fronting on two or more intersecting streets.
Any dwelling unit that is fully equipped upon arrival at the site after being transported to it on wheels.
Equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
A building or structure occupied by two or more uses of varying land use classifications, such as residential and commercial, generally a mixed use structure is a multistory building providing commercial uses on the first floor and residential and/or office uses on the upper floors.
A vehicle which is used or designed to be used for living or sleeping purposes and which is customarily standing on wheels or rigid supports.
A building, structure, lot, or other property occupied by a municipal authority, such as a local governmental agency.
Any lawful use of land, premises, or buildings or building or structures which do not conform to the regulations of this chapter for the district in which such use or building is located, either at the effective date of this chapter or as a result of subsequent amendments thereto.
A residence building (or buildings) in which skilled nursing services and chronic custodial care are provided to residents. A skilled nursing care facility must be licensed as such by the NYS Department of Health.
A facility for the diagnosis and/or treatment of outpatients by medical professionals. This may include a group practice in which several physicians or medical professionals work cooperatively. Medical professionals include, but are not limited to, dermatologists, doctors, dentists, or psychiatrists.
The use of a building or structure for the operation of day-to-day activities that are related to recordkeeping, billing, personnel, and logistics, within an organization. This shall also include the workplace of any person who earns their living from a specified professional activity, such as an accountant, engineer, architect, or financial planner. This shall not include medical professionals.
Any area or area(s) that are undeveloped or restricted from development, provide access to light, air, and/or water, and hold some environmental, aesthetic, economic, and/or recreational value. This may include, but is not limited to, privately or publicly owned parkland and recreational facilities, farmland, woodlots, wetlands, lakes, ponds, local habitats, environmentally sensitive areas, and otherwise undeveloped lands.
The use of an adjacent, outside area by a commercial establishment, such as a restaurant or tavern, in which the same activities which occur within the establishment may be enjoyed by patrons.
The placement of goods in an area outside the principal structure for advertising, display, or sale purposes as an ancillary and temporary use to a permanent commercial use located inside an adjacent building.
The placement of goods in an area outside the principal structure for storage purposes as an ancillary and temporary use to a permanent nonresidential use located inside an adjacent building.
That portion of a building wall that rises above the level of the roof.
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto, as required by this chapter.
An area, exclusive of driveways, passageways, maneuvering aisles or maneuvering space, for the parking of one vehicle.
Refers to a pedestrian-friendly design policy providing clear, comfortable pedestrian access to residential and nonresidential areas as well as providing for the construction of buildings, sites, and amenities to be human-scaled, purposefully engaging and accommodating pedestrians.
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
Any use where the premises is used to provide personal grooming services or for the cleaning or care of personal apparel or other goods. This may include, but is not limited to, barbers, nail salons, hairstylists, spas, shoe repair, etc.
A structure, building, or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.
A commercial development in accordance with a single plan for compatible land uses and the placement of buildings which may not correspond to the intent of this chapter for similar uses.
A residential development (as above, "planned commercial development").
The duly designated Planning Board of the City of Geneva as provided for and established by this chapter.
Trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
Balanced relationship of parts of a building, landscape, structures, or buildings to each other and to the whole.
Existing land owned by the City of Geneva, or other government entity, for use as a street or other public purpose.
An establishment providing for recreational or entertainment activities or events in a completely enclosed structure. Indoor recreation may include uses such as, swimming pools, sports arenas, ball courts, or other similar type uses where patrons are engaged in and/or spectating physical sport or game activities. Indoor entertainment may include uses such as, movie theaters, arcades, bingo halls, banquet halls, or other similar-type uses where patrons are provided social, arts, or cultural experiences for personal enjoyment. Incidental services, such as the serving of food and/or beverages and/or the sale of equipment related to the use, may also be permitted.
An establishment providing for recreational or entertainment activities or events in an open air environment or partially enclosed structure. Outdoor recreation may include uses such as, swimming pools, ball fields or courts, miniature or regular golf courses, or other similar type uses where patrons are engaged in and/or spectating physical sport or game activities. Outdoor entertainment may include uses such as, drive-in movie theaters, amphitheaters, band shells, or other similar-type uses where patrons are provided social, arts, or cultural experiences for personal enjoyment. Incidental services, such as the serving of food and/or beverages and/or the sale of equipment related to the use, may also be permitted.
An establishment where personal goods, apparel, electronics, or other household items are restored to a sound or functioning state.
A newly constructed or redeveloped project containing at least 10 residential units, including single-family dwellings, mobile homes, manufactured homes, two-family dwellings, or multifamily dwellings; or a subdivision of land for the purpose of constructing 10 or more residential dwelling units. This definition shall apply to Part 3, Article XI, of this chapter only (Sign Regulations).
An establishment where people pay to sit and eat meals that are cooked and served on the premises which may or may not have carryout service.
In addition, "restaurant" shall mean a place which is regularly, and in a bona fide manner, used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of food which may be required for ordinary meals, the kitchen of which must at all times be in charge of a chef with the necessary help, and kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises, and must comply with all regulations of the local Department of Health.
An establishment selling commodities or goods directly to the public, but not including such services as business and professional offices, meeting rooms for social clubs and personal service establishments. The term "retail store" shall also not include a restaurant, brewery, distillery, winery, or tavern.
Proportional relationship of the size of parts to one another and to the human figure.
A public or private institution in which primary, secondary, elementary, or other educational programming for children and adults is provided. Such institution shall be duly licensed, certified, and/or accredited by the State of New York.
The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
The New York State Environmental Quality Review Act.
The horizontal distance from any building or from a specific building to the nearest point on an indicated lot line or street line.
A dwelling unit that is rented, in whole or part, to any person or entity for a period of less than 30 consecutive nights and is not regulated by any other section of the Code of the City of Geneva. "Rental" means an agreement granting use or possession of a residence, in whole or part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration. Use of a short-term rental by a record owner of a property shall not be considered a rental under this section.
A multistemmed woody plant other than a tree.
Any object, device, display or structure, or part thereof, situated outdoors that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including but not limited to words, letters, figures, designs, symbols, fixtures, colors, illumination or project images. "Signs" shall also include all sign structures. A sign, for the purposes of this chapter, does not include the following:
A flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organization;
Merchandise, pictures or models of products or services incorporated in a window display;
Official notices issued by any court or public office or officer in the performance of a public or official duty;
Traffic control signs as defined in the NYS Vehicle and Traffic Law; and
Works of art, including murals, that do not contain any commercial message, logo, graphic, or trademark.
The design and/or structure of a sign, including freestanding signs, wall signs, projecting signs, suspended signs, awning signs, and window signs.
A freestanding sign that is comprised of two sign faces diverging at an angle of no more than 45° from their adjoined edge.
A sign which for a period of 60 consecutive days has not correctly directed or informed any person or advertised a business, lessor, owner, or activity conducted on the premises where such sign is displayed.
A sign that is part of or attached to a roof-like protective cover of canvas or other flexible material over a door, entrance, window or outdoor service area that projects from the facade of a structure.
A length of fabric or similar material, strung between two points, upon which a message is imprinted.
A fabricated or formed three-dimensional element, such as a sign letter, into which a light source, such as a lighting tube, may be placed.
The wording, graphics, or other messaging on a sign or composing a sign.
A sign that utilizes computer-generated messages or some other electronic means of message display. These signs may include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
A sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property, including signs marking entrances, parking areas, one-way driveways, restrooms, pickup and delivery areas, or drive-throughs. Such sign shall not carry a commercial message.
The provision of lighting for a sign from a source intentionally directed upon the sign face, such as a floodlight or gooseneck lamp.
A sign not attached to any building or structure.
A sign erected and maintained pursuant to and in discharge of any governmental function or required by any general law, local law or governmental regulation.
A sign not attached to any building or structure, which may be flush with the ground or supported by two columns or posts, provided the distance between the ground and bottommost edge of the sign is no greater than three feet.
A sign containing no commercial message and typically erected to identify addresses, entrances, exits, restrooms, hours and days of operation, public utility locations, emergency addresses and telephone numbers, etc. These examples are not given by way of limitation. An incidental sign may contain any noncommercial message in accordance with this chapter.
Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is intended only to be seen from within the enclosed space and is so oriented.
The provision of lighting for a sign from a light source within the sign.
A sign constructed of materials not intended for permanent installation that are attached to a single or multiple posts for support and stuck into the ground. The height of a lawn sign shall include any posts or supports. Political campaigns, garage sales, and charitable events, for example, are often advertised with lawn signs.
A sign that incorporates illumination through the use of neon-type gas.
Any lawful sign existing at the time of adoption of this chapter, or any subsequent amendments thereto, which does not conform to the regulations of this chapter or to the regulations of the district in which it is located.
A sign that directs attention to an entity, business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located. This shall not include billboards.
A length of fabric, or similar material, suspended from overhead.
A sign not attached to any building or structure and is supported by one or two columns or posts with a distance exceeding three feet between the ground and the bottommost edge of the sign.
A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
A channel than has a face and sides, but no back, and is pinned out from a background surface so as to produce a halo effect around the letter or graphic when illuminated.
A sign attached to and supported by the underside of a horizontal plane.
A sign which is not intended to be used for a period of time exceeding 60 days and is not attached to a building, structure, or ground in a permanent manner. Such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but shall not include graphics in connection with customary window display of products.
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design for the proposed use of a parcel or parcel(s) of land as shown on said plan.
An authorization of a particular land use which is permitted in this chapter subject to requirements imposed on such use to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood.
That portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it. A basement shall be counted as a story for the purpose of height measurement, if the ceiling is more than five feet above the average adjoining ground level or if it is used for business or dwelling purposes. A half story is a story under a sloping roof having a ceiling height of seven feet or more for not more than 1/2 the floor area of the uppermost full story in the building.
The officially established grade of the street upon which the lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint of the frontage of the lot shall be taken as the street grade.
The dividing line between a lot and a street right-of-way.
The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
A static construction of building materials, including buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.
The division of a parcel of land or an assemblage of parcels of land into two or more lots or parcels, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land.
An establishment where beverages, beer, wine, and/or liquor are sold to the public for consumption on the premises. Such a use shall include a minimum food preparation area and menu that satisfies the NYS Liquor Authority's minimum food requirement, where applicable. Also referred to as a "bar."
The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
Includes telecommunication towers, accessory facilities or structures and/or antennas and any buildings and/or equipment used in connection with the provision of cellular telephone service, personal communication services (PCSs), paging services, radio and television services and similar broadcast services.
Any structure, including but not limited to a pole, windmill or other such structure, whether attached to a building, guyed or freestanding, designed and/or used for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, citizen's band, FM or television or microwave and/or for the support of any wind-driven device, whether used for energy conservation or not.
Any container, storage unit, box-like container or portable structure which resembles and functions in the same way as a traditional shipping container is a temporary portable storage unit and not a structure, even when affixed to a permanent foundation.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
A building, lot, structure, or structure(s) containing no dwelling units and designated or intended for commercial, public, institutional, or other such use. The inclusion of dwelling units in a mixed use building or structure shall be considered a nonresidential use for the purposes of this chapter.
Any use of a building, structure, lot or part thereof which this chapter provides for in a particular district as a matter of right.
The dominant purpose, by area, scale, and/or intensity of use, for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
A use of a building, structure, lot or part thereof which is not listed as a permitted, specially permitted, or accessory use.
A building, lot, structure, or structure(s) containing a dwelling unit or grouping of dwelling units designated or intended for the housing of individuals and families, not including any commercial, public, or institutional use. The inclusion of dwelling units in a mixed use building or structure shall be considered a nonresidential use for the purposes of this chapter.
A particular land use which is permitted within a given zoning district, subject to conditions imposed to assure that the proposed use is in harmony with the requirements of this chapter and will not adversely affect the neighborhood or vicinity if such conditions are met.
Any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil, and communications into a building or development.
A projection of fabric below the main frame of an awning to create a decorative edge.
The authorization by the Zoning Board of Appeals, provided for by NYS Municipal Law, for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals, provided for by NYS Municipal Law, for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
Every vehicle operated or driven which is propelled by power other than muscular power, except:
A commercial establishment offering new or used vehicles for sale, rental, or lease, including personal vehicles, commercial vehicles, or other registered automobiles.
A commercial establishment offering vehicle repair or maintenance services, such as adjustments, painting, replacement of parts, or other parts thereof.
An enclosed building for the manufacture, processing, bottling, and packaging of wine as defined by and duly licensed by the NYS Liquor Authority. For the purposes of this chapter, this shall include operations which include tasting rooms.
That portion of the open area of a lot extending open and unobstructed from the ground upward along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
An open unoccupied space extending the full width of the lot between the front building line and the front lot line of the lot.
An open space extending the full width of the lot between the rear building line, including any structure attached to such building, and the rear lot line of the lot.
An open unoccupied space extending between the side building line, including any structure attached to such building, and the side lot line of the lot, extending through from the front yard or from the front lot line where no front yard exists to the rear yard or to the rear lot line where no rear yard exists.
The duly designated Zoning Board of Appeals of the City of Geneva.