Homer Village City Zoning Code
ARTICLE I
General Provisions
§ 228-1 Statutory authorization; purposes; enactment.
Pursuant to the authority conferred by § 7-700 of the Village Law of the State of New York and in order to encourage the most appropriate use of land, protect and conserve the value of property and promote the health, safety, morals and general welfare of the community, this chapter has been established; and in order to regulate the location, use and occupancy of buildings and the use of land for trade, industry, residence and other uses; to regulate and limit the height and bulk of buildings and other structures; to regulate and determine the area of yards and other open spaces; to regulate the density of population; and for said purposes to divide the Village into districts; to provide for its enforcement and administration; and to prescribe penalties for the violation of its provisions, the Board of Trustees of the Village of Homer does hereby amend the Zoning Ordinance, adopted March 2, 1965, and all the changes and amendments thereto and does hereby enact the following comprehensive amendment.
§ 228-2 Title.
This chapter may be known and may be cited as the "Village of Homer Zoning Ordinance."
§ 228-3 Word usage.
For the purpose of this chapter, certain terms and words shall be interpreted to have the following meanings:
Words used in the present tense include the future, and the plural includes the singular.
The word "plot" includes the word "lot."
The word "building" includes the word "structure."
The word "shall" is intended to be mandatory.
The word "occupied" includes the words "designed, intended or arranged for occupancy."
The word "person" may include more than one, an association, a copartnership or a corporation.
§ 228-4 Definitions.
For the purpose of this chapter, certain terms and words are herewith defined as follows:
A detached subordinate building, the use of which is customarily incidental to that of a principal building and which is located on the same lot with such principal building.
A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
The keeping of more than three licensed dogs; five or more cats; three or more rabbits; two or more horses; one or more cattle, sheep, roosters, goats, pigs or other customary farm animals; or animals customarily kept in zoos; or the keeping of any animals for sale or hire on a lot of 10 acres or less.
The regulation of building size, setbacks or yards, parking and loading requirements and similar regulations, but excluding performance standards.
That space of a building that is partly below grade and which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
An owner-occupied lodging facility in a residential dwelling which provides lodging only or lodging and meals for short-term, paying guests whose stay will not exceed 14 days in duration.
Any structure covered by a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
The percentage of the plot or lot area covered by the building area.
A building, the use of which is customarily incidental and subordinate to that of a principal building and located on the same lot therewith.
Any change, rearrangement or addition to the exterior or interior of the building, other than repairs.
Any dwelling unit in which persons are housed or lodged, with or without access to private cooking facilities, for payment of rent. A house or a furnished rooming house shall be deemed a "boardinghouse."
The sum of the gross horizontal areas of the several floors in any principal building, including the basement of a building, All dimensions shall be measured between exterior faces of walls.
The line of that face of the building nearest the front line of the lot. The face shall include bay windows and covered porches, whether closed or unenclosed.
The vertical distance from the mean finished grade to the highest point of the building, measured at the front wall of the building.
A building in which the principal use of the lot on which it is located is conducted.
The use of premises for public selling or offering for sale of two or more vehicles at any one time.
A planned development in which lots are plotted with less than the minimum lot size and dimension requirements but which have access to common open space which is a part of the overall development plan approved by the Planning Board.
A public or private building or structure for community use with no commercial activities being conducted therein.
A multifamily project of one-family dwelling units which may consist of one, a part, or more than one building, wherein the real property title and ownership are vested in an owner who has an undivided interest with others in the common usage areas and facilities which serve the development The means of administration and maintenance of common areas are mutually entered into by the respective owners.
A structure which has open space on all four sides.
A land use or structure for the harboring of more than three dogs that are more than six months old.
A building or portion providing complete housekeeping facilities for one family.
A building or portion thereof containing four or more dwelling units.
The sum of the gross horizontal areas of the several floors in any principal building, including the basement of a building. All dimensions shall be measured between exterior faces of walls.
Any garage other than a private garage, available to the public, operated for gain and which is used for the storage, repair, sale, greasing, washing, servicing, adjusting or equipping of motor vehicles and/or for the retail sale of fuel for motor vehicles.
An enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted.
Any area of land, including structures and buildings thereon, that is used for the sale of gasoline or oil or other fuel for the propulsion of motor vehicles,
That line which measures the right-of-way of any road and which is established by the town, county or state agency having jurisdiction over the road.
An occupation or profession which is:
Any area of land, including buildings thereon, which is used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, storage, dismantling or salvaging of machinery or vehicles not in running condition and the sale of parts therefrom. A lot or part thereof used primarily for the storage or disposal by abandonment, dumping, burying or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts of vehicles. The use of any area or portion of any lot or plot, whether inside or outside a building, for the temporary storage of automobiles awaiting dismantling and the dismantled parts of automobiles or for the dismantling, cutting, demolition and burning of automobiles.
That area comprised of the enclosed occupied living accommodations within a residence, exclusive of basements, garages and open porches.
An off-street space, area or berth, with an appropriate means of access to a street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials.
A parcel of land with a single deed occupied or capable of being occupied by a building or buildings and for accessory buildings and/or uses, including such open spaces as are required by this chapter, and having frontage on an existing or proposed road.
The mean horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
The mean horizontal distance, measured at right angles to its depth, parallel to the front lot line.
A lot situated at the intersection of two or more streets or highways. Two front yards.
The lot line which abuts upon a street or highway right-of-way boundary.
The act of removing any natural resources from the land. This includes but is not limited to the removal of rock, gravel, sand, topsoil and underground minerals.
A multiple-story structure in which residential, retail and office uses are permitted to exist simultaneously on different floor levels of the structure.
Any portable vehicle which is designed and listed with a HUD sticker by New York State. Any portable vehicle which is designed to be transported on its own wheels or those of another vehicle and which is used, designed to be used and capable of being used as a detached single-family residence and which is intended to be occupied as permanent living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems. The definition of "mobile home" includes all additions made subsequent to installation. This definition does not include modular housing placed on a standard foundation or travel trailer.
Any parcel of land which is planned and improved for the placement of two or more mobile homes which are used for dwellings and for occupancy of more than 90 consecutive days.
A housing unit constructed off site consisting of more than one segment and designed to be permanently anchored to a foundation, to become a fixed part of the real estate, and which meets all the standards of the New York State Uniform Fire Prevention and Building Code.
A building or group of buildings providing rental sleeping rooms and which may also include dining rooms, kitchens, serving rooms, ballrooms and other facilities and services intended primarily for the accommodation of the personal needs of the motoring public, and including facilities for the parking of patrons' motor vehicles.
An area or building used primarily for the maintenance and/or storage of trucks, tractor-trailer vehicles and parts for tractor-trailer vehicles and industrial materials.
A use of land lawfully existing at the time of enactment of this chapter or any amendment thereto which does not conform to the use regulations of the district or zone in which it is situated as a result of such enactment. The filing or approval of a map or a plan including a subdivision map or plan prior to the effective date of this chapter shall not constitute a use of land within the meaning of this definition.
Land not covered by buildings or parking lots, open storage, mining operations or any other use that visually obscures the natural or improved landscape, except for recreational facilities.
Land not covered by parking lots, open storage, etc., that is required to be usable for active or passive recreation.
Any space used for the storage of more than three vehicles on a continuing basis, such space either being for hire or accessory to an existing building or use of land.
An off-street area or berth with an appropriate means of vehicular access to a street and intended for the temporary storage of vehicles.
A criterion established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards or visual pollution generated by or inherent in the use of land or buildings.
Any covered extension of a building, excluding steps.
A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, gas, electric, telephone or other public utility service.
The distance between the rear lot line and the nearest point of a building.
A building or development containing any combination of two or more principal uses permitted by right or by special exception in the district in which the development is proposed, provided that no nonresidential use shall be permitted above the ground floor, and provided that a special exception must be obtained from the Zoning Hearing Board for any proposed use listed as a special exception use for the district in which the development is proposed.
A building wherein food or beverages are available for on-site consumption, including drive-in food service.
A street or road officially designated for the movement of large volumes of traffic between major points of activity.
A street or road officially designated for the movement of traffic as well as for serving adjacent land uses.
A street or road officially designated to provide access to abutting property not intended for through traffic movement.
Fences, bushes or trees or other natural and/or artificial material which obscures the visual character of any given building or use of land.
A lot used for two or more commercial use units, attached or detached, which relate to a common parking area and common points of ingress and egress and a common circulation pattern.
The distance between the side line of the lot and the nearest point of a principal building.
See Article III.
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth below, which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
The limit of the street or highway right-of-way line. For the purpose of this chapter, "street line" shall be the highway right-of-way line. (For further clarification of the definition, contact the Village Highway Superintendent.)
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming and constructed, installed or maintained in or above the ground. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter.
A single-family dwelling unit attached to another similar dwelling unit utilizing common open space and parking.
Any portable vehicle which is designed to be transported on its own wheels; which is designed and intended to be used for temporary living quarters, for travel, recreation or vacation purposes; and which may or may not include all of the accommodations and facilities included in a mobile home.
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
An open unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the principal building and shall not project into a required "front yard."
An open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot and unoccupied except for accessory buildings and open porches.
An open space on the same lot with a principal building, between the principal building and the side line of the lot and extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet, rainwater leaders, windowsills and other such fixtures and open steps.
§ 228-5 Enumeration of districts; Zoning Map.
Establishment of districts.
For the purpose of this chapter, the Village of Homer is hereby divided into the following zoning districts:
R-1 | Residential District 1 |
R-2 | Residential District 2 |
B-1 | Neighborhood Business District |
B-2 | General Business District |
B-3 | Research and Development District |
CBD | Central Business District |
ID | Industrial District |
In addition to these six basic districts, the following planned development districts are hereby created:
PDD-R | Planned Development District Residential |
PDD-C | Planned Development District Commercial |
PDD-I | Planned Development District-Industrial |
Zoning Map.
The zoning districts are shown, defined and bounded on a map entitled "Village of Homer Zoning Map," adopted 1973, as amended, and certified by the Village Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village Clerk's office.
The Village Clerk, with the assistance of civil engineers or such other qualified person as may be designated by the Board of Trustees, shall make changes on said map as directed by the Board of Trustees. The original of said map shall be filed in the office of the Village Clerk and shall be available for public inspection.
§ 228-6 District boundaries.
Where uncertainty exists with respect to the boundary of any district as shown on the Village of Homer Zoning Map, the following rules shall apply:
Where district boundaries are so indicated as to approximately follow lot lines, such lot lines shall be construed to be such district boundaries.
Where district boundaries are indicated as approximately following roads or highway center lines or highway right-of-way lines, such lines shall be construed to be such boundaries.
Where uncertainty exists in determining the precise location of any district boundary line, the Zoning Board of Appeals, with advice from the Village Planning Board, shall interpret the intent and purpose of the Zoning Map.
Lots in more than one district. Where a district boundary line divides a lot, the regulations for either portion of the lot may, at the owner's discretion, extend to the entire lot, but not more than 25 feet beyond the boundary line of the districts.
§ 228-7 Floodable area boundary.
Where the position of the floodable area boundary is not clear, an elevation shall be taken from an agreed-upon bench mark to the high point of the proposed building foundation. If the elevation of the foundation is found to be below the elevation of the floodable area contour lines described on the United States Geological Survey Maps for the Village of Homer, such property shall be construed to be within the floodable area.
§ 228-8 Number of principal buildings per lot.
Except in a PPD or by variance, there shall be no more than one principal building per lot.
§ 228-9 Applicability.
Except as herein provided:
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein set forth for the district in which it is located.
Any parcel of land with an area or a width less than that prescribed for a lot in the district in which such lot is situated, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used for a purpose permitted in the district without obtaining a variance from the Board of Appeals, provided that all other regulations prescribed for the district by this chapter shall be complied with.
Any sign in the Village of Homer visible from any street or location not under the exclusive control of the owner of such sign and not expressly permitted by this chapter is prohibited. The regulations of this chapter are in addition to provisions of Village, town, county and state laws or codes applicable to the construction and maintenance of signs.
§ 228-10 Anything not listed is not permitted. [1]
[1]
Editor's Note: So in original.