Massena Village City Zoning Code
ARTICLE I
General Provisions
§ 300-1 Authority; title; purpose.
A.
This chapter is adopted pursuant to the authority conferred by Article 7, § 7-700, of the Village Law of the State of New York and by Article 2, § 10, of the Municipal Home Rule Law.
B.
This chapter shall be known and may be cited as the "Zoning Law of the Village of Massena" and is Chapter 300 of the Code of the Village of Massena.
C.
Purpose.
(1)
The purpose of this chapter is to regulate and to provide for: the location and use of buildings, structures and land for trade, industry, residence and other purposes; the height, number of stories and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and the density of population; the protection of solar access for both residential and commercial use.
(2)
For such purposes, this chapter shall divide the Village into districts and provide penalties for the violation of the provisions thereof, for the enforcement thereof and for a Board of Appeals with the power to determine and vary the application thereof in harmony with the general purpose and intent of the chapter.
§ 300-2 Districts established; map.
A.
Districts. For the purpose of this chapter the Village of Massena is hereby divided into eight classes of districts:
Residential A District (single-family residences) R-A | |
Residential B District (one and two-family residences) R-B | |
Residential C District (one-, two- and multifamily residences) R-C | |
Central Business District CBD | |
Commercial Transition District CTD | |
Commercial Auto-Related District CAR | |
Planned Development District PDD | |
Greenbelt-Preservation District G-PD |
B.
Map.
(1)
The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the Village of Massena, County of St. Lawrence, State of New York," and signed by the Mayor and Clerk of the Board of Trustees. A certified copy of said map shall be filed in the office of the Code Enforcement Officer. The Zoning Map and all notations, references and other information shown thereon are hereby made a part of this chapter.
(2)
The district boundary lines are intended in the main to follow lot lines as they existed at the time of the enactment of this chapter; but where such a boundary line obviously does not coincide with lot lines, or where it is not the center line of a railroad right-of-way or street or of a watercourse, or the shoreline of a body of water, or where it is not located by dimensions shown on the map, its position shall be as shown on a set of detailed tax maps showing property boundaries at the time of adoption. This set of maps shall be certified by the Village Clerk and shall be kept at that office.
(3)
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be as interpreted by the Code Enforcement Officer.
(4)
In all cases where a district boundary divides a lot and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 30 feet of such district boundary. For the purposes of this section, the more restricted district shall be deemed that district subject to regulations which prohibit the use intended to be made of said lot or which require higher standards with respect to coverage, yards, screening, landscaping and similar requirements.
§ 300-3 Existing structures and uses.
A.
Zoning affects every structure and use. No building, structure, including billboards and fences, or premises shall hereafter be used and no building or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located. No existing yard shall be diminished below the requirements of this chapter. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
B.
Continuing existing uses. Any building, structure or use legally existing at the time of enactment of this chapter may be continued even though such building, structure or use does not conform to the provisions of this chapter for the district in which it is located.
C.
Extending existing uses or structures. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with local laws in force prior to the effective date of this chapter if the following is found to exist:
(1)
A building permit shall have been duly issued prior to the date of the first publication of notice of the public hearing on this chapter.
(2)
The entire building shall have been completed in accordance with such plans as have been filed with the Village within one year from the effective date of this chapter.
D.
Nonconforming uses changed. Any nonconforming use, if once changed to a use permitted in the district in which it is located, shall not be changed back to a nonconforming use. If a nonconforming use is not continued for a period of one year, it shall not he reestablished as a nonconforming use.
E.
Replacing damaged buildings. Any nonconforming building or structure damaged more than 75% of the fair market value at the time of damage by fire, flood, explosion, earthquake, war, riot or act of God cannot be so reconstructed and used as before such calamity, but if less than 75% is so damaged, it may be so reconstructed or used, provided that this is done within 12 months of such calamity. Fair market value shall be determined by the Code Enforcement Officer and the Assessor.
F.
Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Code Enforcement Officer.
G.
Any use not permitted by this chapter shall he deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible.
§ 300-4 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate structure on the same lot as the principal building, occupied or devoted to a use incidental to the principal use of the lot.
ACCESSORY USE
A use incidental or subordinate to the principal use of land or of a building. In buildings restricted to residence use, the office of a professional and customary home occupations shall be deemed accessory uses.
ALLEY
A narrow service way providing a secondary public means of access to abutting properties and not intended for general traffic.
ALTERATION
As applied to a building or structure, 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.
AREA, NET SITE
The total area within the property lines, excluding external streets.
AUTO DEMOLITION
The removal of any parts from any type of motor vehicle for the purpose of storage or resale.
[Added 10-2-2007 by L.L. No. 2-2007]
BABYSITTING AS A HOME OCCUPATION
Day care in a family home for not more than two nonresident children. A local permit is required. Babysitting as a home occupation is distinguished from babysitting on an intermittent and casual basis such as is commonly done by a nonresident younger person in the home of a child.
BASEMENT
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BED-AND-BREAKFAST
See "tourist home."
BOARD OF APPEALS
That Board established by the Village Board of Trustees pursuant to Village Law § 7-712.
BUFFER ZONE/STRIP
Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open space requirements of the zoning regulations are met. See area requirements for each district.
BUILDING
Any structure having a roof supported by columns or by walls.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors, solar energy systems and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which the building is situated.
CAMPGROUND
A tract of land which is used or held out for the commercial purpose of supplying to the public sites for two or more tents or recreational vehicles.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club.
CONDOMINIUM
An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land facilities in the development, is owned by all of the owners on a proportional, undivided basis. The owner has title to the individual dwelling and a shared interest in the common elements.
[Added 9-4-2001 by L.L. No. 2-2001]
CONTRACTOR
A person or business that contracts with land owner or agents of any building or lot in the Village to perform any work for compensation.
[Added 9-4-2001 by L.L. No. 2-2001]
CONVENIENCE STORE
A retail business selling nondurable consumer products, including but not limited to groceries, prepared and packaged foods and gasoline.
[Added 9-4-2001 by L.L. No. 2-2001]
COURT
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE
That percentage of the plot or lot area covered by the combined building area of all buildings.
DAY-CARE CENTER
Day care for three or more children away from their homes in a day-care center, excluding day care in a family home. Care includes services provided with or without compensation. Day-care centers are as otherwise defined and regulated in NYCRR, Part 418. Both local and state permits are required.
DAY CARE IN A FAMILY HOME
Day care in a family home for three to six nonresident children. Care includes services provided with or without compensation. Both local and state permits are required. Day care in a family home shall be as defined and regulated in NYCRR, Part 417.
DUMP
A lot or part thereof used primarily for the disposal, by abandonment, dumping, land filling, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste, scrap or discarded material of any kind.
DWELLING, MULTIPLE
A detached building or portion thereof containing three or more dwelling units, including a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels and group houses.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units.
DWELLING UNIT
A building or portion thereof designed for complete housekeeping facilities for one family, with a minimum area of 450 square feet.
FAMILY
One or more persons who live together in one dwelling unit and maintain a common household, whether or not related by blood, marriage or adoption, and also including domestic servants and gratuitous guests. In the event that no two persons are related by marriage or blood, the maximum number of persons shall not exceed seven.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.
GARAGE, PRIVATE
A garage which is accessory to a residential building and is used primarily for the parking and storage of vehicles owned or operated by the residents of dwelling units located in such building, and not as a separate commercial enterprise available to the public at large, and which has a capacity of not more than three vehicles for each dwelling unit located in such building.
[Amended 9-4-2001 by L.L. No. 2-2001]
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any incidental sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including body work or painting thereof by any means.
GRADE, FINISHED
The complete surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GREENHOUSE
A structure which is specifically designed, constructed and used for the culture and propagation of horticultural commodities.
[Added 9-4-2001 by L.L. No. 2-2001]
HEALTH CARE FACILITY
Unless otherwise specified, includes sanatorium, hospital, clinic, rest home, nursing home, convalescent home, group home, community residence and any other place for the diagnosis, treatment and/or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments and conditions such as addiction, developmental disability or old age.
HEIGHT OF STRUCTURES
The vertical distance measured from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the structure.
HOME OCCUPATION
A.
An occupation or a profession which:
(1)
Is carried on wholly within the principal building or within a building or other structure accessory thereto.
(2)
Is operated by the family residing in the dwelling unit.
(3)
Is clearly incidental and secondary to the principal use as a dwelling unit.
(4)
Conforms to the following additional conditions:
(a)
Not more than one nonresident shall be employed in the home occupation.
(b)
There shall be no exterior display, no exterior sign (except as permitted under § 300-21), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the premises.
(c)
There shall be no sale of merchandise not produced on the premises.
(d)
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(e)
Includes, but is not limited to, the following:
[1]
Artist studio, beauty parlors, real estate offices, insurance offices and dressmaking.
[2]
The professional office of a physician, dentist, lawyer, engineer, architect or accountant.
[3]
Teacher or musical instruction limited to a single pupil at a time.
B.
However, a home occupation shall not be interpreted to include the following: automotive repair (including body work), restaurants or any use where merchandise is kept for resale.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of sick or injured animals.
HOTEL
A multiple dwelling used primarily for the purpose of furnishing lodging with or without meals for more than 15 transient guests for compensation.
JUNKYARD
The commercial use of more than 200 square feet of the open area of any lot for the storage, keeping or abandonment of junk or scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. (NOTE: Residential properties are subject to § 1242.10 of the New York State Uniform Fire Prevention and Building Code and Chapter 186 of the Code of the Village of Massena.
KENNEL
A structure used for the harboring of more than three dogs that are more than six months old.
LAUNDROMAT
A business premises equipped with individual washing machines and dryers for use by retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LOT
Land occupied or to be occupied by a building and its accessory buildings or by a dwelling unit and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT DEPTH
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH
The mean width measured at right angles to its depth.
MANUFACTURED HOUSING (MODULAR HOME or PANELIZED CONSTRUCTION)
A dwelling unit which is constructed in accordance with the regulations as specified in § 1210.1(a) of the New York State Uniform Fire Prevention and Building Code. For the purpose of these regulations, manufactured housing shall be deemed the equal of site-built units.
METAL SHIPPING CONTAINER
A standardized reusable steel box used for the storage and movement of materials and products within a freight transport system.
[Added 12-15-2020 by L.L. No. 3-2020]
MOBILE HOME
A dwelling unit intended for transport on a permanent chassis, in one or more sections, designed for relocation with only minor preparation such as reattachment of wheels, lights and towing apparatus and manufactured in accordance with the regulations as specified in § 1221.1 of the New York State Uniform Fire Prevention and Building Code.
MOBILE HOME PARK
A site with required improvements and utilities for the long-term parking and occupancy of mobile homes, which may include services and facilities for the residents.
MOTEL
A multiple dwelling intended primarily for motorists and not over two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior. (Includes but is not limited to the terms "motor court," "motor hotel," "tourist court.")
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles, including body work and painting.
NONCONFORMING USE
A building, structure or use of land legally existing at the time of enactment of this chapter and which does not conform to the regulations of the district or zone in which it is situated.
NURSERY SCHOOL
A school designed to provide daytime care and instruction for two or more children and operated on a regular basis. Both local and state permits are required. A nursery school shall be as defined and regulated in NYCRR, Part 8, § 125.
NURSING OR CONVALESCENT HOME
Any licensed facility where, by reason of advanced age, chronic illness or infirmity, persons are housed or lodged and furnished with meals and nursing care for hire; a long-term care facility.
OPEN SPACE
An unoccupied space open to the sky on the same lot with the building.
PARKING SPACE
The area required for parking one automobile, which in this chapter is held to be an area 20 feet long and nine feet wide.
PLANNING COMMISSION
That board established by the Village Board of Trustees pursuant to Village Law § 7-718.
PROFESSIONAL OFFICE
The office or place of business where professional services are offered and does not mainly involve the sale of goods or the keeping of a stock-in-trade. "Professional offices" include, but are not limited to: doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists, veterinarians and chiropractors, or other duly licensed or certified professional.
[Added 9-4-2001 by L.L. No. 2-2001]
ROOMING HOUSE
Any dwelling in which three or more persons either individually or as families are housed or lodged for hire. Rooms rented in such houses shall not be equipped with kitchen facilities.
SIGN
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used) and components for the distribution of transformed energy. Passive solar energy systems are included in this definition, but not to the extent that they fulfill other functions such as structural and recreational.
[Added 9-4-2001 by L.L. No. 2-2001]
SOLAR ENERGY SYSTEM, ACTIVE
A solar energy system that requires external mechanical power to move the collected heat.
[Added 9-4-2001 by L.L. No. 2-2001]
STORY
That portion of a building included 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.
STREET LINE
The dividing line between the street and the lot; also the front lot line.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including swimming pools, patios or paved areas.
TOURIST HOME
An owner-occupied private dwelling in which overnight accommodations are provided or offered for not more than 15 transient guests for compensation, including bed and breakfast.
TOWNHOUSE
A dwelling unit sharing a minimum of one and a maximum of two walls with an adjoining dwelling unit and having direct exterior access from the ground floor.
[Amended 9-4-2001 by L.L. No. 2-2001]
TRAVEL TRAILER
A vehicle used for living or sleeping purposes and standing on its own wheels that is commonly pulled by a passenger car or a light truck.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY
See "accessory use."
WAREHOUSING
Terminal facilities available for a fee for the storage of goods, with or without maintenance facilities.
YARD, FRONT
An open, unoccupied space on the same lot with a main 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 along the shortest distance between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REAR
An open, unoccupied space on the same lot with the building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE
An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.