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Valatie City Zoning Code

ARTICLE I

Title, Scope and Definitions

§ 345-1 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 Valatie and for said purposes divides the Village into zoning districts.

§ 345-2 Title.

This chapter shall be known and may be cited as the "Zoning Ordinance of the Village of Valatie, New York."

§ 345-3 Legislative authority and purposes.

[Amended 4-22-1980 by L.L. No. 17-1980]
This chapter is enacted pursuant to the Village Law of the State of New York, § 7-700 et seq., to protect and promote public health, safety, morals, comfort, convenience, economy, aesthetics and the general welfare, and for the following additional purposes:
A. 
To promote and effectuate the orderly physical development of the Village of Valatie.
B. 
To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.
C. 
To provide adequate and suitably located commercial facilities.
D. 
To regulate building densities in order to assure access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, to lessen congestion on streets and highways and to provide efficient municipal utility services.
E. 
To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.
F. 
To realize a development plan properly designed to conserve the use of land and the cost of municipal services.
G. 
To assure privacy for residence and freedom from nuisance and things harmful to the senses.
H. 
To protect the community against unsightly, obtrusive and noisome land uses and operations.
I. 
To enhance the aesthetic aspects throughout the community.

§ 345-4 Definitions and word usage.

A. 
Word usage.
(1) 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
(2) 
The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action.
(3) 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
B. 
Words defined. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height or the moving of such building or structure from one location to another.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
ATTIC
That space of the building which is immediately below and wholly or partly within the roof framing. An "attic" with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
BASEMENT
A story partly below finished grade but having at least 1/2 of its height, measured from floor to ceiling, not less than four feet above average finished grade. A "basement" shall be counted as one story in determining the height of a building in stories.
BILLBOARD
A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen and a general dining room, in which at least three, but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a "boardinghouse."
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, animals or chattel.
BUILDING GROUP
A group of two or more principal buildings and any buildings accessory thereto occupying a lot in ownership and having any yard in common.
BUILDING LINE
The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.
BUILDING, ACCESSORY
See "accessory building."
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, MAIN
A building in which is conducted the principal use of the lot on which it is located.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULK
A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls of their location to lot lines, other buildings and structures or other walls of the same building; and all open spaces required in connection with a building, other structure or tract of land.
CELLAR
Any space in a building the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A "cellar" shall not be counted in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COMMERCIAL VEHICLE
A vehicle with a capacity of more than one ton used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMUNITY POLE
A sign owned and maintained by the Village Board or by a group of business men as approved by the Village Board, which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles, or parts thereof, which are in active use by a construction contractor.
COVERAGE
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
CUSTOMARY HOME OCCUPATION
Any use customarily conducted entirely within a dwelling and carried on solely by the inhabitants thereof, which use is clearly secondary to the use of the dwelling for residential purposes and does not change the residential character of the dwelling. "Customary home occupation" shall include professional practice by but not limited to a doctor, lawyer, architect or engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DEVELOPMENT
The utilization of a lot or tract of land for two or more uses.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
In the following list, each district shall be deemed to be more restricted than the districts which follow it: R-1, R-2, F, B-1, B-2, I.
DWELLING
A building designed or used principally as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" or "dwelling group" shall not be deemed to include a motel, hotel, rooming house or other accommodations used for more or less transient occupancy. See "residence."
DWELLING GROUP
A group of two or more dwellings occupying a lot in one ownership.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The group shares the entire dwelling unit.
(2) 
The group lives and cooks together as a single housekeeping unit.
(3) 
The group shares expenses for food, rent, utilities or other household expenses.
(4) 
The group is permanent and stable, and not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the "finished grade," in computing the height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.
(1) 
In particular, the "floor area" of a building or buildings shall include:
(a) 
Basement space.
(b) 
Elevator shafts and stairwells at each floor.
(c) 
Floor space for mechanical equipment, with structural head room of seven feet six inches or more.
(d) 
Penthouse.
(e) 
Attic space, whether or not a floor has actually been laid, providing structural head room of seven feet six inches or more.
(f) 
Interior balconies and mezzanines.
(g) 
Enclosed porches.
(h) 
Accessory uses, not including space for accessory off-street parking.
(2) 
However, the "floor area" of a building shall not include:
(a) 
Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(b) 
Elevator and stair bulkheads, accessory water tanks and cooling towers.
(c) 
Floor space used for mechanical equipment, with structural head room of less than seven feet six inches.
(d) 
Attic space, whether or not a floor has actually been laid, providing structural head room of less than seven feet six inches.
(e) 
Uncovered steps and exterior fire escapes.
(f) 
Terraces, breezeways, open porches and outside balconies and open spaces.
(g) 
Accessory off-street parking spaces.
(h) 
Accessory off-street loading berths.
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating and washing, but which does not include auto body work, welding or painting.
HEIGHT OF BUILDING
The vertical distance measured from the average finished grade along the wall of the building, or adjacent to the side of the structure, to the highest point of such building or structure.
HIGH-TENSION LINE
Any electric line operating at voltage in excess of 69 kilovolts.
HOSPITAL
A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.
HOUSE TRAILER
A movable or portable vehicle which is used or designed to be used for living or sleeping purposes and which is customarily standing on wheels or rigid supports. The term "mobile home" shall include the term "house trailer" but not prefabricated or preconstructed homes. A "prefabricated or preconstructed home" shall mean a structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes but which is designed and constructed without wheels as an integral part thereof.
JUNKYARD
An area of land with or without buildings used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap and used or salvaged building materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more old or secondhand motor vehicles no longer intended or in condition for legal use on the public highway shall be deemed to make the lot a "junkyard."
KENNEL
Any place at which there are kept any number of dogs for the primary purpose of sale or for boarding, care or breeding for which a fee is charged or paid.
LIVABLE FLOOR AREA
The enclosed floor area of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding unfinished basements and cellars, rooms for heating equipment, garages, porches, closets, bathrooms, water closet compartments, laundries, bungalows and other heated areas and including only such floor area under a sloping ceiling for which the head room is not less than five feet six inches and then only if at least 75% of such floor area has a ceiling height of seven feet six inches and if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway.
LOT
A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same.
LOT COVERAGE
See "coverage."
LOT FRONTAGE
A lot line which is coincident with a street line.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.
LOT, CORNER
A lot situated at the junction and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.
LOT, DEPTH OF
The mean distance from the front street line of a lot to its rear line.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
MOBILE HOME
See "house trailer."
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space, and is offered for rental and use primarily by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an auto court, motor court, motor hotel, motor inn, motor lodge, tourist court, tourist cabin and roadside hotel.
NONCONFORMING BULK
That part of a building, other structure or tract of land which does not conform to one or more of the applicable bulk regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NONCONFORMING USE
Any use of a building, other structure, or tract of land, which does not conform to the use regulations for the district in which such use is located, either at the effective date of this ordinance or as a result of subsequent amendment thereto.
NURSERY SCHOOL
Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOME
A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
POSTER
A temporary, nonpermanent device which announces, directs or advertises any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, show, drive, movement or event.
PREMISES
A lot together with all the buildings and uses thereon.
RESIDENCE, RESIDENTIAL
A building or any part of a building which contains living and sleeping accommodations for permanent occupancy. "Residence," therefore, includes all one-family, multifamily, boarding-, fraternity and sorority houses. However, "residence" shall not include the following:
(1) 
Transient accommodations, such as hotels, motels and hospitals.
(2) 
That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.
RIGHT-OF-WAY
The property of a circulatory facility. (See "street width.")
SETBACK
The distance, in feet, from the street line to the principal building on a lot.
SIGN
Any structure or part thereof or any devices attached to a structure or painted or represented on a structure which shall display or include any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as, or which is in the nature of, an announcement, direction or advertisement. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights outlining or hung upon any part of a building or lot for the purposes mentioned above, but does not include the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature.
SIGN AREA
The area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. All faces of the sign shall be counted in computing the area. Any neon tube, string of lights or similar device shall be deemed to have minimum dimensions of one foot.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or a "to let" sign relating to the property on which it is displayed shall be deemed a "business sign."
SIGN, DIRECTLY ILLUMINATED
A sign which incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent material or electricity or radioactivated or gaseous material or substance.
SIGN, FLASHING
An illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, ILLUMINATED
A sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is built so as to physically represent the object advertised.
STORY
That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREET
An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTURE
A static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.
TOWNHOUSE
A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit.
TRAILER CAMP or TRAILER PARK
A tract of land which is used or intended to be used for the parking of two or more house trailers.
TRAILER, HOUSE
See "house trailer."
TRAILER, TRAVEL
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use.
USE
This term is employed in referring to:
(1) 
The purpose for which any building, other structures or land may be arranged, designed, intended, maintained or occupied.
(2) 
Any occupation, business activity or operation conducted, or intended to be conducted, in a building or other structure or on land.
WAY
A thoroughfare, however designated, permanently established for the passage of persons or vehicles.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line of the lot and the nearest point of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.
YARD, REQUIRED
That portion of the open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDE
A yard situated between the building and the side line of a lot and extending from the front yard rear line (or from the front lot line, if there is no required front yard) to the rear yard front line (or rear lot line).