Solvay City Zoning Code
ARTICLE I
General Provisions
§ 165-1 Title.
This chapter shall be known and cited as the "Revised Zoning Local Law of the Village of Solvay, Onondaga County, New York."
§ 165-2 Purpose.
The general purposes of this chapter shall be to establish building lines and to require that buildings hereafter erected, altered or repaired be within such lines; to regulate the character and location of buildings hereafter erected, altered or repaired; to regulate and limit the height and bulk of buildings hereafter erected, altered or repaired; to regulate and determine the area of yards, courts and other open spaces; to provide adequate light and air; to avoid undue concentration of population; to regulate, restrict and segregate the location of trades and industries, the several classes of businesses and other callings and occupations, the location of apartments, group residences, single and two-family houses, clubrooms and the classes of public and semipublic buildings and the location of buildings designed for specified uses; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, for such purposes, to divide the Village into districts in order to promote the public health, safety, comfort and convenience and the public interest and general welfare, with reasonable consideration, among other things, to the most desirable and appropriate use for which the land of each district in the municipality may be adapted, the character and peculiar suitability for particular use of a district, the conservation of property values and the direction of building development in accordance with a well-considered Comprehensive Plan; to establish penalties for the violation of these regulations, restrictions and determinations and limitations; and to divide the Village into such districts as are deemed necessary to carry out the provisions of this chapter.
§ 165-3 Interpretation of provisions.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
§ 165-4 Definitions.
For the purpose of this chapter, certain terms and words are herewith defined as follows:
A sign containing only the name of an occupant, a building number and/or the street address of the property on which the sign is located.
[Added 10-8-1991 by L.L. No. 4-1991]
An establishment where, for any form of consideration, one or more still or motion-picture projectors, slides projectors, or similar machines, or other image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
[Added 9-26-2000 by L.L. No. 2-2000]
A business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for, or has stock comprised of 25% or more of, any of the following: books, magazines, periodicals, films, motion pictures, videocassettes, slides, compact discs and/or computer generation or other visual representations which are characterized by the depiction of specified sexual activities or specified anatomical areas.
[Added 9-26-2000 by L.L. No. 2-2000]
A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which features:
[Added 9-26-2000 by L.L. No. 2-2000]
Persons who appear nude or in a state of nudity or semi – nudity; or
Live performances which are characterized by the exposure of specified anatomical activities or by specified activities; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical activities.
A business where an adult male or female exposes parts of their body identified in specified anatomical activities.
[Added 9-26-2000 by L.L. No. 2-2000]
A hotel, motel or similar business which:
Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical activities and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period of time less than 10 hours; or
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities for observations by patrons therein.
[Added 9-26-2000 by L.L. No. 2-2000]
A business which derives 25% or more of its gross income from the sale or rental of, or utilizes 25% of its retail selling area for, or has stock comprised of 25% or more of, any of the following: instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
[Added 9-26-2000 by L.L. No. 2-2000]
Any business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical activities, including but not limited to adult arcades, adult bookstores, or video stores, adult live entertainment, adult motels, adult motion-picture theaters, adult novelty stores and massage establishments
[Added 9-26-2000 by L.L. No. 2-2000]
"Specified anatomical activities" include any of the following:
"Specified sexual activities" include any of the following:
Human genitals in a state of sexual stimulation or arousal.
Acts of actual or simulated human masturbation, sexual intercourse, oral copulation or sodomy.
Fondling or other intentional erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
Excretory functions as part of or in connection with any of the activities set forth in Subsection B(1) through (4) of this definition.[1]
A sign, including those that are composed of light rays only, calculated to attract the attention of the public to a product, service or undertaking encompassing activities off the property where such sign is situated, including what is commonly termed "posters" or "symbols," and similar devices of varying composition and size.
[Added 12-20-2011 by L.L. No. 6-2011]
A temporary sign that remains movable and self-supporting, placed directly on the ground surface with two sides connected or hinged at the top, each side being capable of displaying text.
[Added 12-20-2011 by L.L. No. 6-2011]
A vehicular way located to the rear of a lot, intended for purposes of service and/or parking access.
[Added 1-22-2008 by L.L. No. 1-2008]
Any portion of a sign or attachment to a sign that moves by electronic, mechanical or natural means, including, by way of illustration, rotating signs, wind signs, and signs where movement is simulated by an illumination device using flashing and intermittent light.
[Added 12-20-2011 by L.L. No. 6-2011]
Any lettering or graphic display painted on, attached to or incorporated into the surface material of an awning or canopy projecting from a building facade.
[Added 12-20-2011 by L.L. No. 6-2011]
A temporary sign suspended from a building or structure, either with or without a frame, possessing written communication applied to a nonrigid material.
[Added 12-20-2011 by L.L. No. 6-2011]
Any device, object or building facade larger than 40 square feet in area, situated on private premises and used for advertising goods, services or places other than those directly related to the premises on which such sign is situated.
[Added 12-20-2011 by L.L. No. 6-2011]
Any structure with exterior walls and a roof resting upon a support or foundation.
A building subordinate to the principal building on a lot, structurally apart from the principal building and used for purposes customarily incidental to those of the principal building, including but not limited to garages, sheds and the like.
The vertical distance measured from the ground to the highest point on the surface of a flat roof, to the deckline of a mansard roof and to the mean height level between eaves and ridges for a gable, hip or gambrel roof, provided that chimneys, spires and similar projections shall not be included in the height.
A building in which is conducted the main or principal use of the lot on which said building is situated.
[Added 10-8-1991 by L.L. No. 4-1991]
Any commercial enterprise, establishment, association or arrangement for profit.
[Added 9-26-2000 by L.L. No. 2-2000]
A sign identifying and directing attention to a business offering a commodity, service, industry or other activity that is sold, offered or conducted directly on the property upon which such sign is situated.[2]
[Added 12-20-2011 by L.L. No. 6-2011]
A commercial activity characterized by the production of goods, by the fabrication of raw materials or the assembly of parts, generally through the use of machinery, for the main purpose of off-premises sale to other manufacturers or nonretail purchasers.
[Added 8-27-2019 by L.L. No. 4-2019]
A commercial activity characterized by the direct sale of goods and services to the final consumer, including financial institutions, business and professional offices and services, eating establishments and places of amusement and recreation.
[Added 8-27-2019 by L.L. No. 4-2019]
A commercial activity characterized by the bulk sale of merchandise to retail, manufacturing, institutional or other wholesaling establishments, including on-premises storage and distribution facilities.
[Added 8-27-2019 by L.L. No. 4-2019]
Code of the Village of Solvay, as amended.
[Added 9-26-2000 by L.L. No. 2-2000]
A facility under the direct supervision of a charitable, religious, social service or similar eleemosynary institution, including not-for-profit corporations, designed primarily to provide a place of congregation or meeting for purposes of education, training, counseling, active or passive recreation or similar pursuits, including social facilities incidental thereto, but expressly excluding private clubs, golf courses, higher or secondary education or retail business activities.
A temporary sign advertising an activity or event on a specified date and location. Examples include garage sales or fundraising activities.
[Added 12-20-2011 by L.L. No. 6-2011]
A retail business with primary emphasis placed upon providing the public with a readily available alternative location to quickly purchase from a wide array of consumable products, predominantly food (whether packaged or prepared) and household needs. Convenience stores may, but need not, include the sale of motor vehicle fuel.
[Added 12-18-2018 by L.L. No. 7-2018]
An activity providing for the care and supervision of minors as a daily program, such as nurseries, preschool programs and day-care centers, but expressly excluding child care within a family dwelling unit involving fewer than seven persons daily.
The relationship between the number of dwelling units on a lot and the area of the lot, expressed either as the number of dwelling units per acre or the square footage of lot area per dwelling unit. For the purposes of clarity, "density" shall be deemed to increase as the number of dwelling units increases relative to the size of the lot. Expressed in terms of square feet per unit, "density" increases as the square footage per unit decreases.
A sign, sign screen, billboard, advertising device or any kind of structure that is arranged, intended, designed or used for advertisement, announcement or direction.
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a person, customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical activities.
[Added 9-26-2000 by L.L. No. 2-2000]
A building containing three or more dwelling units.
A building containing a single dwelling unit.
A building containing two dwelling units.
A combination of one or more rooms with provision for living, sanitary and sleeping facilities arranged for use of one family.
A college, university, professional, business or technical school or similar place of instruction, excluding secondary education.
Instruction of academic grades from the elementary through 12th grade, including private schools whose curriculum is substantially equivalent to that of public schools as required by the Education Law of the State of New York, but not including institutions of higher education. This term shall also include day-care facilities, nursery schools, kindergartens and similar preschool or pregrade programs where accessory to the principal use.
Any sign or portion of a sign that uses an electronic display screen or changing lights to form a message or messages in text form, wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
[Added 12-20-2011 by L.L. No. 6-2011]
A household constituting a single housekeeping unit composed of one or more persons.
[Amended 10-8-1991 by L.L. No. 4-1991]
A sign not attached to or part of a building, but self-supported by one or more uprights, braces or other structural elements in or upon the ground. Examples include pole or pylon signs.
[Added 10-8-1991 by L.L. No. 4-1991; amended 12-20-2011 by L.L. No. 6-2011]
An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body and for the observances held for a dead person as an incident to burial or cremation, but expressly excluding morgues and educational facilities engaged in teaching mortuary science.
A garage, freestanding or part of a principal building, designed for the storage of vehicles, maintained primarily for the convenience of the resident occupants of the premises and in which no business is conducted and no service is rendered to the public.[3]
A sign illuminated by artificial light.
[Added 12-20-2011 by L.L. No. 6-2011]
A commercial activity characterized by the transformation of substances into new products for distribution and ultimate sale, including the assembly of component parts of manufactured products, such as are normally associated with plants, factories and mills utilizing power-driven machinery and materials-handling equipment. This term shall also include warehousing, cold storage and similar long-term retention of materials, equipment and merchandise in bulk and the incidental interim storage of consumer goods, furniture and appliances. In addition, this term shall include accessory transportation facilities designed for the handling of goods received or shipped from the industrial use as part of the normal conduct of business. This term shall not include junkyards, automobile graveyards, automobile parts recycling plants, automotive or other disassembly plants, waste disposal beds or bulk petroleum storage (except petroleum storage incidental to the operation of the primary industrial use).
[Amended 10-8-1991 by L.L. No. 4-1991]
An activity characterized by the storage, processing, recycling or dismantling of discarded machinery, equipment, vehicles, paper, rags, scrap and similar materials or the sale of such materials.
An area contained within lot lines shown on a properly recorded subdivision map; or described in a deed recorded prior to June 1, 1983; or approved as a lot by any applicable regulation. Areas shown on maps or described in deeds which are contiguous shall be considered separate "lots" unless otherwise indicated or intended as one "lot" in said instrument.
A lot situated at the junction of two or more streets or highways.
The percentage of a lot occupied by buildings.
A method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas.
[Added 9-26-2000 by L.L. No. 2-2000]
Any business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law or specifically exempt from Article 155 of the Education Law. (See Education Law § 7800 et seq.)
[Added 9-26-2000 by L.L. No. 2-2000]
A permanent, freestanding sign that is a solid structure with the appearance of a continuous, nonhollow, unbroken mass, mounted on a base or other supports, where the bottom of the sign is located within three feet of ground level.
[Added 12-20-2011 by L.L. No. 6-2011]
Any self-propelling vehicle equipped to travel over streets and highways.
Buildings or structures used for governmental functions.
Any structure lawfully existing on the effective date of this chapter or any amendment thereto affecting such structure which does not conform to the applicable provisions of this chapter, irrespective of the use to which such structure is put.
Any use of a building, structure, lot or land or part thereof lawfully existing on the effective date of this chapter or any amendment thereto affecting such use which does not conform to the applicable provisions of this chapter.
An open-air facility designed for the parking of motor vehicles by the general public.
An area intended for the off-street parking of a passenger vehicle, not less than eight feet six inches in width nor less than 18 feet in length, having a clear height of at least seven feet and having sufficient provisions for ingress and egress, aisles, columns and maneuvering area, that shall be accessible from a street or alley or from a private driveway leading to a street or alley.
Any individual, firm, partnership, corporation, association, limited liability company, business entity or legal representative, acting individually or jointly.
[Added 9-26-2000 by L.L. No. 2-2000]
A facility where electricity and/or steam is created for use in powering on-site or off-site industrial, commercial, residential or other activities.
[Added 10-8-1991 by L.L. No. 4-1991]
A facility under the direct supervision of a recognized fraternal organization, including recreational and social facilities normally incidental thereto, but which is not open to the general public, as distinguished from a community center, and excluding any retail business activity.
An office of a physician, dentist, lawyer, architect, engineer or other similarly licensed professional when such office is part of the professional's principal place of residence, but excluding beauticians, hairdressers, cosmeticians and barbers.
A sign that is affixed and perpendicular to any building or structure, or part thereof, and extends beyond the building or structure, or part thereof, a minimum of 12 inches, no portion of which sign projects above the roofline or parapet of a building.
[Added 12-20-2011 by L.L. No. 6-2011]
A facility for the indoor parking of automobiles which offers spaces for rent or other fee to the general public. It may be a stand-alone facility or may be located in a building also used for other purposes.
[Added 1-22-2008 by L.L. No. 1-2008]
A church, temple, mosque or similar facility used for religious observance.
A commercial use whose principal activities include basic research, design, pilot or experimental product development, technical service, general research or engineering, together with accessory activities.
[Added 10-8-1991 by L.L. No. 4-1991]
Any structure designed, intended or used, in whole or in part, for the retail sale of prepared food and/or beverages, including what are commonly termed "diners," "lunchrooms" and "snack bars," whether or not entertainment, including dancing, is provided. Temporary facilities used for distribution of food and/or beverages, such as are customarily associated with field days, carnivals, circuses, charitable, religious or institutional bazaars or similar events, shall not be considered "restaurants."
The distance between the nearest part of a building and the street line.
The setback as expressed in a line parallel to the street line.
Any material, structure, device or other representation, including any part thereof, which is comprised of lettered or pictorial material or upon which lettered or pictorial matter is placed and which is used to advertise or promote the interests of any person or business. Such "signs" are intended to be placed in view of the general public out-of-doors or on the exterior of any structure or building, including interior and exterior window surfaces. "Signs" may include letters, words, symbols, emblems, sign frames, signboards, insignias, banners, pennants, fluttering devices, models and flags, although flags and insignias of any nation or state are not considered "signs."
[Added 10-8-1991 by L.L. No. 4-1991]
The surface area of a sign calculated as follows: the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, as included within the definition of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. The total "area" of all faces of signs designed to be viewed from more than one direction shall be computed and considered as one "area," such as on double-faced, V- and sandwich-type signs.
[Added 10-8-1991 by L.L. No. 4-1991]
The vertical distance from the uppermost point of a sign, including the structure or structural trim, to the average, unaltered ground level directly below the sign.
[Added 12-20-2011 by L.L. No. 6-2011]
A flat-mounted sign located at the top floor of a building, which sign does not project above the higher of the cornice or parapet of the building.
[Added 12-20-2011 by L.L. No. 6-2011]
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 such floor and the ceiling next above it.
That part of a lot which abuts the right-of-way of a street.
A property line coincidental with the boundary of a public right-of-way, such as a street, road, avenue or boulevard.
Any change in the supporting members of a building or structures, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires a permanent location on the soil, or attached to something having a permanent location on the soil.
A sign that is not permanently affixed to the ground, building or structure, or part thereof, and shall not be posted for more than 30 days.
[Added 12-20-2011 by L.L. No. 6-2011]
Any building or portion thereof which is made available as sleeping quarters for members of the general public for periods, renewable or otherwise, of less than one week. This term includes bed-and-breakfasts, hotels, motels, hostels, inns, travel lodges and the like.
[Amended 1-22-2008 by L.L. No. 1-2008]
A use customarily incidental to the principal use of a building, occupying not more than 25% of the area of the building nor more than one floor, whichever is less.
An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or the structures thereon are intended, designed or occupied.
Buildings or structures used in conjunction with public utility services, including but not limited to energy substations, transmission towers, pumping stations and communication equipment enclosures, but excluding offices, vehicle storage, warehousing or construction staging areas.
[Added 10-8-1991 by L.L. No. 4-1991]
A lot upon which new or used motor vehicles are offered for sale to the public, including any building located thereon. Incidental repairs to vehicles for sale are allowed.
[Amended 1-22-2008 by L.L. No. 1-2008]
A facility whose purpose is for the fueling and/or general servicing, maintenance, incidental or minor repair of motor vehicles, which may include the incidental retail sales of tires and other nominal automotive accessories; such facilities may include, but are not limited to, gasoline stations, service stations, fuel pump islands and car wash operations. Incidental sales of vehicles are permitted on site, not to exceed three vehicles for sale at any one time.
[Amended 1-22-2008 by L.L. No. 1-2008]
The Village of Solvay.
[Added 9-26-2000 by L.L. No. 2-2000]
A sign calculated to attract the attention of the public to a product, service or undertaking encompassing on-premises activities, which sign is painted on an exterior wall of a building or structure or which is attached and parallel to the exterior of any building or structure, or part thereof, and which shall project no more than 12 inches from such building.
[Added 12-20-2011 by L.L. No. 6-2011]
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other transparent material, but not including graphics in connection with a customary window display or products or services rendered on the premises.
[Added 12-20-2011 by L.L. No. 6-2011]
The open space located between the street line(s) and the setback line, as regulated in this chapter.
For any lot but a corner lot, the open space extending the full width of the lot and located between the rear of the lot and the rear of the principal building as projected to the side lot lines, as regulated in this chapter.
The open space located between a side lot line and a building, not including any of the areas of the front or rear yards, as defined in this chapter.
[1]
Editor's Note: The former definition of "Boarding or rooming house," which immediately followed this definition, was repealed 1-22-2008 by L.L. No. 1-2008.
[2]
Editor's Note: The former definition of "business use," which immediately followed, was repealed 8-27-2019 by L.L. No. 4-2019.
[3]
Editor's Note: The former definition of "garage, public" and "hotel/motel," which immediately followed this definition, were repealed 1-22-2008 by L.L. No. 1-2008.
§ 165-5 Word usage.
In this chapter, if not inconsistent with the context, the singular may be taken for the plural and the plural for the singular; and "person" may include more than one, an association, a copartnership or a corporation. The present tense includes the future; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; and the word "shall" is mandatory and not directory. The words "business districts" shall include "commercial districts"; and the word "business" shall include the word "commercial."
§ 165-6 Conformance required.
It shall be unlawful to construct or alter any building or structure contrary to any provision of this chapter.