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North Hornell Village
City Zoning Code

ARTICLE I

General Provisions

§ 140-1 Scope.

This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures, and the use of land in the Village of North Hornell, and for said purposes divides the village into zoning districts.

§ 140-2 Title.

This chapter shall be known and may be cited as the "Zoning Law of the Village of North Hornell, New York."

§ 140-3 Authority and purpose.

A. 
This chapter is enacted pursuant to Municipal Home Rule Law of the State of New York, Article 2, § 10, Subdivision 14, and to the Village Law of the State of New York, Article 7, §§ 7-700 through 7-712 and 7-728 through 7-740, and Article 4, § 4-412.
B. 
Its general purpose is to protect and promote public health, safety, comfort, convenience, economy, aesthetics and general welfare, and it has the following more particular purposes:
(1) 
To promote and effectuate the orderly, physical development of the village.
(2) 
To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.
(3) 
To create a suitable system of open spaces and recreation areas and to protect scenic areas, waterways and floodplains.
(4) 
To regulate building densities in order to assure access of light and circulation of air, to aid in the prevention and fighting of fires, to prevent undue concentration of populations, to lessen congestion on streets and highways and to provide efficient municipal services.
(5) 
To improve transportation facilities and traffic circulation and to provide for adequate off-street parking, loading and unloading facilities.
(6) 
To assure privacy for residence and freedom from nuisances and noxious conditions harmful to the senses.
(7) 
To protect the community against unsightly, obtrusive and noisome land use and operations.
(8) 
To prevent the development of lands subject to conditions hazardous to the public health and welfare.
(9) 
To otherwise carry out the objectives of the village's planning studies.

§ 140-4 Interpretation.

In their interpretation and application, the provisions of the regulations contained in this chapter shall be held to the minimum requirements adopted for promotion of public health, safety and general welfare.

§ 140-5 Amendment procedure.

A. 
Authorization. The Village Board may from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend any of the regulations set forth hereinafter, after public notice and hearing in each case. All petitions for any amendment of the regulations herein established be filed in writing on a form required by the Village Board.
B. 
Advisory report by Planning Board. Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Village Planning Board shall report its recommendations thereon to the Village Board, accompanied by a full statement of the reasons for such recommendations prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Village Board, the Village Board may act without such report. If the Planning Board disapproves the proposed amendment or recommends modification thereof, the Village Board shall not act contrary to such disapproval or recommendation except by the adoption of resolution by a vote of the majority, fully setting forth the reasons for such contrary action.
C. 
Public notice and hearing. The Village Board, by resolution, shall fix the time and the place of the public hearing and cause notice to be given as follows:
(1) 
By publishing a notice of the proposed amendment and the time and place of the public hearing in the official newspaper of the Village of North Hornell not less than 10 days prior to the date of the public hearing.
(2) 
County referral: by giving written notice of hearing to any required municipal, county or state agency in the manner prescribed by Article 12-B, § 239-m of the General Municipal Law. If such County Planning Agency disapproves the proposal or recommends modification thereof, the Village Board shall not act contrary to such disapproval or recommendation except by majority vote plus one of all the members and upon the adoption of a resolution fully setting forth the reasons for such contrary action.
D. 
Protest by owners. If a protest against a proposed amendment of Articles II through IX below is presented to the Village Board duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto, such amendment shall not be passed except by the favorable vote of two-thirds of the members of the Village Board.
E. 
Filing and effective date.
(1) 
Every amendment to these regulations, upon adoption by the Village Board, shall within five days be filed by the Village Clerk as follows:
(a) 
One certified copy in the Clerk's office.
(b) 
Three certified copies in the office of the New York State Secretary of State.
(2) 
An amendment shall become effective on the 20th day following its adoption with proper filing.

§ 140-6 Word usage and definitions.

A. 
Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future tense, and singular includes the plural. The word "lot" includes the words "plot" and "parcel"; the word "building" includes the word "structures"; the word "shall" is intended to be mandatory; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure.
AGRICULTURE
The use of land for agriculture purposes, including tilling of the soil.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
AWNING
A shade structure supported by posts or columns.
BUILDING
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 or chattel.
BUILDING HEIGHT
The vertical distance measured from the mean level of ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, mechanical penthouses, towers, tanks and similar projections.
BUSINESS, CONVENIENCE
Small commercial establishments catering primarily to nearby residential areas providing convenience goods and services, including but not limited to grocery stores of less than 5,000 square feet in floor area, drug stores, beauty salons, barbershops and carry-out dry-cleaning and laundry pickup stations.
CARPORT
An awning or shade structure for a vehicle or vehicles which may be freestanding or partially supported by adjacent building structures.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction or altering buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
DWELLING UNIT
One room or rooms connected together constituting a separate, independent housekeeping establishment containing independent bathing, cooking and sleeping facilities and physically separated from any other rooms or dwelling units which may be in the same structure.
DWELLING, MULTIPLE-FAMILY
A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A detached residential dwelling unit, designed for and occupied by one family only.
DWELLING, TWO-FAMILY
A detached residential building containing two dwelling units designed for occupancy by not more than two families.
EASEMENT
Authorization by a property owner for the use by another, and for a specific purpose, of any designated part of his property.
ESSENTIAL SERVICES
The erection, construction, alteration, operation or maintenance by municipal agencies or public utility of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities.
GARAGE, COMMERCIAL
A building or premises used for the repair, rental, storage, servicing and/or sale of motor vehicles and/or retail sale of fuel and accessories for such vehicles.
GARAGE, PRIVATE
A residential accessory building used for the storage of vehicles owned and used by the occupants of the building in which it is an accessory, provided that where such building exceeds the capacity for two cars, not more than one-half of the space may be rented for storage of vehicles by persons not resident on the premises.
HEALTH AUTHORITY
A legally designated health authority or his authorized representative of the Village of North Hornell.
HOME OCCUPATION
An occupation, profession or hobby carried on within a dwelling and which is clearly incidental and secondary to the use of such dwelling for residential purposes, which is carried on only by members of the family residing on the premises.
INTERNAL STREET
A private way which affords principal means of access to abutting individual lots and community service buildings.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
LOT
A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces are herein required. Such "lot" shall front on any approved public highway and may consist of:
(1) 
A single lot of record.
(2) 
A portion of lot or record.
(3) 
A combination of complete lots of record, complete lots record and portions of lots of record or portions of lots of record.
(4) 
A parcel of land described in metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of these regulations.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the highway. For the purposes of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to highways shall be considered "frontage," and yards shall be provided as indicated under Article IV of these regulations.
LOT OF RECORD
A legally existing lot duly filed and recorded in the Steuben County Clerk's office as either an individual parcel of land or part of an approved subdivision.
[Amended 8-9-1993 by L.L. No. 2-1993]
LOT WIDTH
The distance between two side lot lines measured at the required setback line.
LOT, CORNER
A parcel of land at the junction of and fronting on two intersecting streets.
MASTER OR COMPREHENSIVE PLAN
A comprehensive plan, prepared by the Planning Board pursuant to § 7-722 of the Village Law which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the village and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
MODULAR HOME
A structure which is not built on a permanent chassis and is designed to be used with a permanent foundation.
MUNICIPAL PARKS
Parks and playgrounds established and operated by the Village of North Hornell.
NONCONFORMING USE
A building, structure or use of land, lawfully existing at the time of enactment of these regulations or any amendment thereto, which does not conform to the regulations of the district or zone in which it is located as a result of such enactment.
PARK
A municipal or private outdoor recreation area, existing or proposed.
PERSON
Includes any individual or group of individuals, corporation, partnership, association or any other organized group of persons.
PLANNING BOARD OR BOARD
The Planning Board of the Village of North Hornell.
PROFESSIONAL OFFICES
The use of offices and related spaces for such professional services as are provided by medical practitioners, attorneys, architects, engineers and similar professions.
QUASI-PUBLIC USE
Facilities of an educational, religious, charitable or philanthropic nature.
RECREATION EQUIPMENT, MAJOR
Includes travel trailers, campers, pickup coaches, motorized homes, boats, boat trailers, snowmobiles and motorcycles.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption to patrons seated within an enclosed building or on the premises, excluding public and quasi-public institutions.
ROADSIDE STANDS
(1) 
VEGETABLE STAND
Any area, with or without a wholly or partially enclosed structure, devoted primarily to the sale of agricultural products.
(2) 
FLEA MARKET
Any area where individual stands or spaces are assigned to two or more individuals for the purpose of selling, buying or exchanging goods.
(3) 
GARAGE OR YARD SALES
Any public sale of personal property within the village. "Garage sales" shall offer only used, unwanted items of personal property owned by the resident of the property where the sale is held. No new merchandise shall be offered for sale nor may merchandise from other sources be brought in and offered for sale.
SERVICE OR FILLING STATION
A building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. Uses permissible at a "filling station" do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A "filling station" is not a repair garage, nor a body shop.
SETBACK
The minimum allowable distance from the front property line to that part of the building nearest the line, measured at right angles to the line. The building, for purposes of this chapter, includes, but is not limited to, sun porches, balconies, carports, breezeways and porches, whether enclosed or unenclosed, but does not include steps or terraces which are open to the sky.
[Amended 9-8-1993 by L.L. No. 2-1993]
SIDE YARD
An open unobstructed space on the same lot with a building between the building and the side line of the lot, extending from the front setback to the rear yard.
SIGN
Any letter, pictorial, representation, symbol, flag, emblem, illuminated or animated device displayed in any manner whatsoever which directs attention of persons off the premises on which the sign is displayed to any object, subject, place, person, activity, product, service, institution, organization or business.
SMALL ANIMAL HOSPITAL
A structure where small pets are medically treated, including escape-proof pens which may be located outside of the structure, provided that no nuisance is created thereby.
SPECIAL PERMIT USES
A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before a permit therefor may be issued.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading and filling, installation of streets and/or walkways, excavation for a basement, footing, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.
STREET
Includes streets, roads, avenues, lanes or other traffic ways between right-of-way lines.
STRUCTURE
Includes:
(1) 
Anything constructed, erected or placed, the use of which requires temporary or permanent location or support of the soil or in the soil, and which is attached to anything on the soil.
(2) 
Swimming pools, laundry facilities, service buildings, recreation building or other buildings.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash appraised value of the structure, either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred.
SURFACE AREA (OF A SIGN)
The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall be included.
TRAVEL TRAILER
See definition of "Recreational equipment, major."