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Shortsville Village
City Zoning Code

PART 1

Introductory Provisions

§ 95-10.1 Title.

This chapter shall be known and cited as the "Zoning Law of the Village of Shortsville." For convenience, it is referred to throughout this chapter as the "Zoning Law" or "Zoning Code."

§ 95-10.2 Effective date.

The provisions of this Zoning Law become effective on June 13, 2018, except as otherwise expressly stated.

§ 95-10.3 Authority.

This Zoning Law is adopted pursuant to the powers granted and limitations imposed by legislation of the State of New York.

§ 95-10.4 Applicability.

The regulations of this Zoning Law apply to all development, public or private, within the corporate limits of the Village of Shortsville unless otherwise expressly stated in this Zoning Law.

§ 95-10.5 Purposes.

There is hereby established a new comprehensive zoning law for the Village of Shortsville, which is set forth in the text, tables, illustrations and map that constitute this chapter. The Zoning Law is adopted to promote and protect the public health, safety and general welfare and provide for solar access. The Zoning Law is also a tool to implement the goals and objectives of the Village of Shortsville Comprehensive Plan.

§ 95-10.6 Compliance with other applicable regulations.

The provisions of this Zoning Law are the minimum requirements deemed necessary to carry out the Zoning Law's stated purpose and intent.
In addition to the requirements of the Zoning Law, all uses and development must comply with all other applicable village, county, state, and federal laws and regulations.
All references in the Zoning Law to other village, county, state, or federal laws and regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for villages to enforce county, state, or federal laws and regulations.

§ 95-10.7 Conflicting provisions.

Conflict with state or federal laws and regulations. If the provisions of this Zoning Law are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
Conflict with other Village regulations. If the provisions of this Zoning Law are inconsistent with one another, or if they conflict with provisions found in other adopted laws, ordinances, or regulations of the Village, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
Conflict with private agreements and covenants. This Zoning Law is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Law impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Law will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Law, the provisions of the private agreement will control. The Village does not enforce or maintain a record of private agreements.

§ 95-10.8 Severability.

If any portion of this Zoning Law is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the Zoning Law, and in no way affects the validity of the remainder of the Zoning Law.

§ 95-11.1 Meaning and intent.

The language of the Zoning Law must be read literally. Regulations are no more or less strict than stated. Words defined in Article 70 (General Terms) have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 70 have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.

§ 95-11.2 Tenses and usage.

Words used in the singular include the plural. The reverse is also true.
Words used in the present tense include the future tense. The reverse is also true.
The words "must," "will," "shall" and "may not" are mandatory.
The word "may" is permissive, and "should" is advisory, not mandatory or required.
When used with numbers, "up to X," "not more than X" and "a maximum of X" all include X.
The words "building" or "structure" include the whole or any part thereof.

§ 95-11.3 Conjunctions.

Unless the context otherwise clearly indicates, conjunctions have the following meanings:
"And" indicates that all connected items or provisions apply; and
"Or" indicates that the connected items or provisions may apply singularly or in combination.

§ 95-11.4 Fractions.

The following rules apply to factional number unless otherwise expressly stated.
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.
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 a 12,500-square-foot lot, the resulting fraction of 2.5 is rounded down to two permitted dwelling units.

§ 95-11.5 Headings and illustrations.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Zoning Law. In case of any difference of meaning or implication between the text of this Zoning Law and any heading, drawing, table, figure, or illustration, the text controls.

§ 95-11.6 Current versions and citations.

All references to other Village, county, state, or federal laws and regulations in the Zoning Law 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.

§ 95-11.7 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.

§ 95-11.8 Delegation of authority.

Whenever a provision appears requiring the head of a department or another officer or employee of the Village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this Zoning Law expressly prohibit such a delegation.

§ 95-11.9 Public officials and agencies.

All employees, public officials, bodies, and agencies to which references are made are those of the Village of Shortsville unless otherwise expressly stated.

§ 95-12.1 Establishment.

The location and boundaries of the zoning districts established by this Zoning Law are shown on a Zoning Map maintained by the Village Clerk. The Village Clerk, with help from the County, will be responsible for keeping the Zoning Map up-to-date. The Official Zoning Map, together with all notations, references, data and other information shown on the map, is adopted and incorporated into this Zoning Law. It is as much a part of this Zoning Law as if actually depicted within its pages.

§ 95-12.2 Maintenance and updates.

The Village Clerk is responsible for directing revisions to the Official Zoning Map to reflect its amendment as soon as possible after the effective date of Zoning Map amendments (rezonings). No unauthorized person may alter or modify the Official Zoning Map. The Village Clerk may authorize printed copies of the Official Zoning Map to be produced and must maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.

§ 95-12.3 District boundaries.

When the law establishing a zoning boundary identifies the boundary as following a particular feature or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists. The Official Zoning Map must note any such relationship between a zoning boundary and other mapped feature on the Zoning Map when entering the zoning boundary.

§ 95-12.4 Interpretations of district boundaries.

Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the Zoning Board of Appeals using the following rules of interpretation:
A boundary shown on the Zoning Map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.
A boundary shown on the Zoning Map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.
A boundary shown on the Zoning Map as approximately following a lot line or parcel boundary will be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established.
A boundary shown on the Zoning Map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.
A boundary shown on the Zoning Map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.
A boundary shown on the Zoning Map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

§ 95-13.1 Applications submitted before effective date.

Development applications that were submitted in complete form and are pending approval before the effective date of this chapter (see § 95-10.2) may be reviewed wholly under the terms of the Zoning Law in effect immediately before this chapter, or they may be reviewed wholly under the terms of this Zoning Law. Whether such review takes place under the provisions of the previous zoning law or under this Zoning Law is applicant's option. The applicant's decision about which law applies, once submitted, may not be changed. All development applications submitted on or after the effective date of this chapter will be reviewed wholly under the terms of this Zoning Law.

§ 95-13.2 Permits issued before effective date.

Any building, development or structure for which a building permit was issued before the effective date of this chapter (see § 95-10.2) may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this Zoning Law. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this Zoning Law.

§ 95-13.3 Violations continue.

Any violation of the previous zoning law will continue to be a violation under this Zoning Law and be subject to penalties and enforcement under Village Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this Zoning Law, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in § 95-10.2. The adoption of this Zoning Law does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date specified in § 95-10.2.

§ 95-13.4 Nonconformities.

Any nonconformity under the previous zoning law will also be nonconformity under this Zoning Law, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.