Spencerport City Zoning Code
ARTICLE I
General Provisions
§ 340-1 Title.
This chapter shall be known as the "Zoning Ordinance of the Village of Spencerport."
§ 340-2 Effect on prior actions.
The adoption of this chapter shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this chapter takes effect under the prior Zoning Ordinance of the Village and all subsequent amendments thereto, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this chapter had not been adopted; and all actions and proceedings commenced under or by virtue of said former ordinance and the amendments thereto and pending at the time this chapter takes effect may be prosecuted and defended in the same manner as they might have been if this chapter had not been adopted.
§ 340-3 Amendments; fees.
A.
The Village Board may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Village Law applicable thereto.
B.
Upon the filing of a petition or application to amend, supplement, change or modify this chapter, the Village Board may require the petitioner or applicant to pay such fees as are from time to time established by resolution of the Village Board of Trustees.
§ 340-4 Word usage.
Except where specifically defined herein, all words in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."
§ 340-5 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A structure, the use of which is incidental to that of the residential building and which is located on the same premises.
A use incidental and subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. Such accessory uses may include, among others, the following:
Offices for the building management.
Dining rooms, banquet rooms, public kitchens and ballrooms.
Recreation rooms and playrooms.
Laundries for the use of tenants and occupants and in connection with the management and operation of a residential building.
Maintenance shops and workshops and storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects.
Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands.
Garages within a residential building or on the premises thereof used primarily for the storage of passenger-type motor vehicles.
In commercial districts (B Districts), drive-in or drive-through service facilities operated in conjunction with a sit-down and carryout restaurant.
Refer to Article VIII, Adult Uses, this chapter.
A narrow service way providing a secondary public means of access to abutting properties.
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.
A building containing three or more dwelling units.
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.
The total area within the property lines, excluding external streets.
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
That percentage of the plot or lot area covered by the building area plus accessory uses.
A structure used for the harboring of more than three dogs that are more than six months old.
A lot or land or part thereof used primarily for the disposal or abandonment, dumping, burial, burning, or by any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "multifamily dwelling" shall not be deemed to include a rooming house or tourist home.
DWELLING, ONE-FAMILYA detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILYA building containing not more than two dwelling units occupied exclusively for residential purposes.
A building containing three or more dwelling units.
A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.
A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants.
A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions.
A group of rooms which is designed for residential occupancy by a single family, providing housekeeping facilities for such family.
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
Any parcel of land containing at least 10 acres, which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
Horses, cattle, swine, sheep, goats, chickens, geese, ducks, turkeys or similar animals or fowl.
Includes any substantially vertical structure or appurtenance, regardless of material composition, including vegetation, whether supported by a foundation, footing, piling, stake, post, aboveground member or self-supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof, to ensure privacy or to act as a support for vegetation.
The sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. However, the "floor area" of a building shall not include:
Basement space, except that basement space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
Uncovered steps.
On a vacant lot, the distance specified in the appropriate zoning law; on a lot containing an existing structure, the front line of the main building on that lot.
Any general sale, open to the public, conducted from a residential premises for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "tag," "yard," "barn," "attic" or "porch" sale.
An enclosed space for the storage of one or more vehicles and personal property not intended for resale, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
Any garage not a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.
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 sale of motor vehicle accessories, which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereon by any means.
The authorization by the proper board of the issuance of a building permit or certificate of occupancy by the Building Inspector or other authorized official of the Village.
That space of a building that is partly below grade which has no more than 30 inches of its height, measured from floor to ceiling, below grade level and which has no less than five feet of its height above grade level, measured from floor to ceiling.
An occupation, business or profession which is carried on wholly within a dwelling unit or in a building or other structure accessory to a dwelling unit.
Any portable or mobile vehicle used or designed to be used for permanent living purposes with its wheels, rollers or skids in place.
The use of more than 200 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk or scrap materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
The dividing line between the street and the lot.
A single person or persons who rent rooms which do not have cooking facilities and which rooms are used primarily for resting and sleeping.
A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
Any line dividing one lot from another.
A parcel of land at the junction of and fronting on two or more intersecting streets.
A mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately parallel streets.
The mean width measured at right angles to its depth.
A building, structure or use of land existing at the time of enactment of this chapter or amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.
A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.
Any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
The area required for parking one automobile which, in this chapter, is held to be an area nine feet wide and 20 feet long, not including passageways.
[Amended 2-2-2022 by L.L. No. 4-2022]
Property which is owned, utilized and maintained by an individual or member of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which is purchased for resale or obtained on consignment.
Includes any substantially vertical structure or appurtenance, regardless of material composition, including vegetation, whether supported by a foundation, footing, piling, stake, post, aboveground member or self-supporting, intended to ensure privacy and/or prevent aesthetic damage by screening from view a particular portion of a lot or structure such as a garden, swimming pool, patio, etc., but specifically not intended to mark a boundary or the proximity thereof.
A dwelling occupied by one family with three to 10 rooms rented to boarders, roomers or lodgers in the same household, who are lodged with or without meals and in which there are provided such services as are incidental to such use. A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
A building or group of buildings divided into separate compartments used to meet storage needs of small businesses and individual users; these may include refrigerated facilities. This definition is intended to include structures that are sometimes referred to as "mini storage facilities" or "mini warehouses."
Any accessory building in which horses or other animals are kept for private use and not for hire, remuneration or sale.
A building in which any horses or other animals are kept for remuneration, hire or sale.
Lack of use of an object for its intended purpose for a period of time exceeding 60 consecutive days.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surfaces of the floor to the top surface of the ceiling joists.
A public or private way which affords the principal means of access to abutting properties.
A portable or permanent private swimming pool or tank, artificially constructed, installed or maintained upon any premises by any person for his own use or his family's use or for the use of his guests or invitees, and shall also mean and include a portable or permanent wading pool or tank, artificially constructed or installed, not designed or used for swimming.
A building or part of a building devoted to the showing of moving pictures on a paid-admission basis.
A dwelling unit in which sleeping accommodations for more than two and fewer than 10 persons are hired out for transient occupancy, primarily for overnight use by automobile travelers.
A device intended to be drawn behind any type of vehicle for recreational or transporting purposes.
A building, or part of one, used for the storage of raw material, manufactured goods or merchandise.
An open, unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.
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.
An open, unoccupied space on the same lot with the building situated between the building and the sideline 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 sideline.
A single-family detached dwelling unit in which one side wall of the unit has been placed on a lot line or at a maximum of three feet from the side yard lot line.
§ 340-6 Use districts.
For the purpose of promoting the public health, safety, morals and general welfare of the community, the Village of Spencerport is hereby divided into the following types of districts:
§ 340-7 Zoning Map.
A.
The areas of the foregoing districts are bounded and defined as shown on the map entitled the "Official Zoning Map of the Village of Spencerport," which map, with all explanatory matter thereon annexed, is hereby made a part of this chapter, to be duly certified as such by the Village Clerk and posted and filed according to law.[1]
[1]
Editor's Note: A copy of the Zoning Map is on file in the Village offices.
B.
There shall exist only one Official Zoning Map, which shall be kept in the office of the Village Clerk, and it shall bear the Seal of the Village of Spencerport, a certification that it is the Official Zoning Map of the Village of Spencerport and its date of adoption. Changes made in district boundaries or other matters portrayed on the Zoning Map under the provisions of this chapter shall be permanently affixed to the Zoning Map promptly after the amendment has been approved by the Village Board of Trustees and shall convey information as to the date and nature of the change. No amendment to this chapter which involves matter portrayed on the Zoning Map shall become effective until such change and entry has been made on said map and has been attested by the Village Clerk. Should the Zoning Map become damaged, destroyed, lost or difficult to interpret because of the changes and additions, the Village Board of Trustees may by resolution adopt a new Zoning Map to supersede the former map. The new Zoning Map shall bear a statement which explains that it supersedes the prior map and gives the dates of adoption of both the prior map and the new Zoning Map. If possible, the prior map and the records of its adoption and amendments shall be preserved.
§ 340-8 Conformity with provisions required.
Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, used, moved, reconstructed, changed or altered unless in conformity with the regulations of this chapter.
B.
No building shall hereafter be erected or altered to exceed the height, to be of lesser size, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have a narrower or smaller rear yard, front yard, side yard or inner or outer court than is specified herein for the district in which such building is located.