Middleport Village City Zoning Code
ARTICLE III
District Regulations
§ 200-5 Establishment of districts; Zoning Map; boundaries.
For the purpose of promoting the public health, safety, morals and general welfare of the community, the Village of Middleport is hereby divided into the following types of districts:
Said districts are defined as shown on a map entitled "Zoning Map of the Village of Middleport 2001" prepared by Wendel-Duchscherer and certified by the Village Clerk of the Village of Middleport, which map accompanies and, with all explanatory matter thereon, is hereby made a part of this chapter.
[Added 4-15-2002 by L.L. No. 5-2002]
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, and if no distance is given on said map, such dimension shall be determined by the use of the scale shown on said Zoning Map.
§ 200-6 Application of regulations.
After the date when this chapter becomes effective, no building or premise, or any part thereof, shall be used or maintained for any purposes other than the uses permitted therefor by this chapter, no building or part of a building shall be erected, enlarged, altered or maintained except in conformity with the provisions of this chapter and no building or part of a building shall be used or maintained if erected, enlarged or altered other than in conformity with the provisions of this chapter.
§ 200-7 R-1 One- and Two-Family Residential District.
The following regulations shall apply to all R-1 Districts:
Uses permitted.
One- and two-family dwellings.
Churches or similar places of worship, parish houses and convents.
Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.
Schools and institutions of higher education and libraries and municipal buildings.
Customary agricultural operations; provided, however, that no storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any property line.
Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement or professional sign not over two square feet in area.
Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building and shall not be used for residence purposes.
Building height limit. No building shall be erected to a height in excess of 35 feet.
Width and area of lot. The minimum width of a lot shall be 75 feet and the minimum area 7,500 square feet, the depth of the lot for making such computation to begin at the street line adjacent to the lot.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 30% of the area of the lot.
Yards required. Each lot shall have front, side and rear yards not less than the depth or width following:
No motor vehicle shall be parked, stopped or left standing between the curb or paved edge of any street, road or highway, and the front facade, as extended to the side boundaries, of the main dwelling located on any lot or parcel of land located in a residential district. This provision shall not apply to vehicles parked in driveways leading to garages or areas on the side or rear of the dwelling for parking of vehicles. Whenever this subsection shall cause undue hardship because of the lack of parking room in existing dwellings, the owner or occupant thereof may apply for a permit from the Zoning Enforcement Officer, on forms provided by him, for parking in designated areas. Such permit shall be granted only where existing property lines and building locations prevent parking in accordance with the terms of this subsection.
[Amended 6-16-1986 by L.L. No. 3-1986[1]]
[1]
Editor's Note: This local law also repealed former Subsection G, regarding regulation of R-1 Districts, which immediately followed this subsection.
Where existing construction has established a different setback on any street, not less than the average setback of buildings already in existence shall be used.
§ 200-8 R-2 More than Two-Family Residential Districts.
The following regulations shall apply to all R-2 Districts:
Uses permitted.
All uses permitted in R-1 Districts.
Multiple residences for nontransients, subject to the regulations and provisions of the New York State Multiple Residence Law. One- and two-family dwellings in existence at the time of the enactment of this chapter may be altered or enlarged for multiple dwelling use, except that existing conforming yards shall not be reduced to a width or depth less than required by this section and nonconforming yards shall not be reduced to a width or depth less than required by this section, and nonconforming yards shall not be further reduced in width or depth; and, provided, further, that there shall be not less than 1,500 square feet of lot area for each family occupying such dwelling.
Building height limit shall be three stories, but not exceeding 40 feet.
Required lot area. No dwelling shall be established on a lot having an area or width less than specified for one-family residences in the R-1 Residential Districts.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 40% of the area of the lot.
Automobile storage or parking space. In connection with every multiple-family dwelling there shall be provided automobile storage or parking space equal to not less than 300 square feet for each family unit in such dwelling; provided, however, that no front yard shall be used for the open-air parking or storage of any motor vehicle.
§ 200-9 B-1 Business Districts.
The following regulations shall apply to all B-1 Districts:
Uses permitted.
All uses permitted in any residential district subject to all the provisions specified for such residential districts.
Stores and shops for the conducting of any retail business.
Personal service shops, including hand laundries.
Banks, offices and studios.
Shops for custom work and shops for making articles or products to be sold at retail on the premises.
Restaurants, cafes, tea rooms and similar establishments.
Theaters, assembly halls, billiard or pool parlors, bowling alleys and any public recreation use.
Lodging house, motels, hotels and tourist homes.
Motor vehicle sales and service.
Garage or filling stations.
Undertaking establishments.
Bus passenger stations, telegraph offices, express offices, electric substations and printing plants.
Wholesale businesses. Storage in bulk of, or warehouse for, such material as building material, contractor's equipment, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice, machinery, metals, oil and petroleum in quantities less than tank car lots, paint and paint supplies, pipe, rubber, shop supplies, tobacco or wood.
Accessory buildings and accessory uses.
Building height limit. No building shall be erected to a height in excess of 35 feet.
Required lot area. Any building used for residence purposes shall have a lot area and lot width equal to that required in the least restricted residence district for the same type of dwelling.
Percentage of lot coverage. Any building used for residential purposes, including accessory buildings, shall not cover more than 40% of the area of the lot.
§ 200-10 F-1 Factory or Industrial Districts.
The following regulations shall apply to all F-1 Districts:
Uses permitted.
Wholesale trades and businesses and the processing of food products; factories, mills and similar uses for the processing, preparation for use, and/or fabrication of wood, metal, concrete and similar materials; warehousing of commodities; junk industry or motor vehicle wrecking operations and similar uses when conducted within a structure and under license when provided by Village local law; any industrial use or trade which is not, by reason of emission of noise, dirt, odors or vibrations, noxious or dangerous to health, safety or general welfare when authorized by the Board of Appeals as a variance, after public hearing, and subject to such conditions, restrictions and safeguards as may be deemed necessary by said Board of Appeals for the purpose of protecting the health, safety, morals or the general welfare of the residents of the Village, except that such authorization, by the Board of Appeals, shall not be required for the expansion or extension of present industrial uses within the Industrial District in accord with the Industrial District requirements; agricultural operations; public utilities and services; transportation terminals and storage facilities; motor vehicle fabrications, servicing and storing.
House trailer courts or house trailer parks when laid out, constructed and serviced in a manner consistent with the provisions of the regulations established by the New York State Department of Health for such areas, except that the area provided for each house trailer or other similar vehicle shall be not less than 2,000 square feet and that there shall be a yard of not less than 15 feet in width or depth between any area occupied by such use and an adjacent property or street line.
Uses prohibited. All other uses are prohibited.
[Amended 5-16-2005 by L.L. No. 1-2005]
Building height limit: no restriction.
Yards required.
Each lot shall have a front yard of not less than 25 feet in depth.
There shall be a side yard along the side of every lot in an F-1 District of not less than 10 feet; provided, however, that if the lot borders a residence district on a side yard, said side yard shall have a side yard of a width not less than the minimum width required in said adjacent residence district.
There shall be a rear yard on every lot of an F-1 District of not less than 25 feet.
Every building or portion thereof which is designed, intended to be used for or is used for dwelling purposes, shall comply with the front, side and rear yard requirements of the R-2 Districts.
Lot area and percentage of lot coverage for dwellings. All regulations as to required lot area and percentage of lot coverage which are prescribed for R-2 Residential Districts shall apply to all dwellings hereafter erected in any F-1 District.
§ 200-10.1 I-1 Light Industrial Districts.
[Added 4-15-2002 by L.L. No. 4-2002]
The following regulations shall apply to all I-1 Districts:
Intent. The intent of the Light Factory or Light Industrial District is to provide areas within the Village for the location of light industrial, manufacturing, assembly, compounding, processing, fabrication and packaging facilities, wholesale warehouses and storage facilities and research, development and laboratory facilities and certain compatible uses. This district is for selective uses that do not adversely impact the environment and quality of life of the residents and property owners of the Village or create an impact that is injurious to public health, safety or general welfare.
Uses permitted.
Uses of a light industrial nature are permitted, which involves only the manufacture, processing, assembly, packaging or storage of previously refined materials, provided that at no time will such use result in or cause:
Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmosphere pollution, objectionable noise, glare or vibration.
A hazard of fire or explosion or chemical or nuclear pollution or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site or to any person working on the site, or working or living adjacent thereto.
Office buildings for executive, engineering and administrative purposes; scientific or research laboratories devoted to research, design and/or experimentation in the processing and fabricating incident thereto; the indoor warehousing and/or storage of goods and products, such as building materials, farm supplies and the like, which may be stored or sold from the premises to the general public; facilities for printing and/or publishing; essential services; and facilities for testing and development of processes planned for use in production elsewhere, stores and shops for the conducting of any retail business (except motor vehicles sales), personal service shops, banks, restaurants and similar establishments, theaters and assembly halls for a public recreation use, lodging house, motels, hotels, undertaking establishments.
School district uses, including, but not limited to, use by a public or private school district for athletic or recreational purposes.
[Added 12-20-2021 by L.L. No. 5-2021]
Uses prohibited. All other uses are prohibited; including, but not limited to, the junk industry or motor vehicle wrecking operations; and any heavy industry, and motor vehicle sales.
Permitted accessory uses. The following are permitted accessory uses in the Light Factory and Light Industrial Use Districts:
Garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises, used in connection with the principal use.
Signs in accordance with this chapter.
Off-street parking and loading.
Other reasonable accessory uses incidental to the permitted principal use.
Yards required.
Each lot shall have a front yard of not less than 25 feet in depth.
There shall be a side yard along the side of every lot in an F-2 District of not less than 10 feet; provided, however, light factory or light industrial uses shall be located so as to be a minimum of 50 feet from any property line abutting a nonindustrial district. This fifty-foot buffer strip shall be perpetually maintained with plantings to provide a visual screen between the industrial use and the adjoining nonindustrial use.
There shall be a rear yard on every lot of an I-1 District of not less than 25 feet.