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Victor Village City Zoning Code

ARTICLE VIII

Supplemental Regulations

§ 170-35 Signs and billboards.

Signs and billboards shall be subject to the requirements of Chapter 130, Signs, of the Village Code. Sign permits are to be issued by the Code Enforcement Officer.

§ 170-36 Fences and hedges.

Regulations regarding fences and/or hedges (not applicable to farm boundary lines) shall be as follows:
Fences on any lot line shall be constructed of materials designed primarily for use in residential areas.
Specifically excluded as acceptable materials are so-called chicken wire, barbed wire and other farm-type wire fence materials. Design of fence shall allow transmission of light.
No fence shall be over six feet in height from grade and shall not be built nearer to the street than the front line of the principal building.
No hedge or other landscaping on any lot line shall be over four feet high. No hedge shall be allowed in the road or street right-of-way. Other front yard plantings shall at no time create a hazard.

§ 170-37 Dumping.

Dumping of refuse, waste material and other substances is prohibited in all districts in the Village except in a specified area or areas designated as the "Village dump" by the Village Board or except for the purpose of filling to establish grades, for which a clearing and grading permit must be obtained from the Village Planning Board.

§ 170-38 Nonconforming uses.

Any use of property existing at the time of adoption or amendment of this chapter that does not conform to the regulations prescribed in the preceding sections shall be deemed a nonconforming use and may be continued. Upon application therefor, the Code Enforcement Officer shall, after satisfactory proof of the prior existence of such nonconformance has been submitted to him, issue a permit for the continuance of such use. Such permit shall be irrevocable, except as herein provided, and shall be evidence of permission to continue such use.
A nonconforming use shall not be extended, and no building may be erected on premises for the purpose of extending a nonconforming use. Any building arranged, designed or devoted to a nonconforming use at the time of the original passage of this chapter shall not be reconstructed, extended or structurally altered unless such building is changed to a conforming use, except as it may be reconstructed or extended by a special grant of the Zoning Board of Appeals under this chapter.
A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use, and any change of a nonconforming use to a conforming use shall automatically revoke a permit issued hereunder. Any temporary discontinuance of a nonconforming use for a period not to exceed one year shall not be deemed a change to a conforming use, but a discontinuance of a nonconforming use for more than one year shall be deemed an abandonment of such use and may not be subsequently continued. Nothing in this chapter shall prevent the restoration within one year of a building destroyed by fire or act of God or prevent the continuance of the use of such building when so restored, and this period for restoration may be extended up to three years if within one year from the date of destruction there is filed with the Village Clerk a notice of intention to rebuild.

§ 170-38.1 Nonconforming structures.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Continuation. Any nonconforming structure which existed lawfully or for which a valid building permit has been issued at the time of adoption of this chapter may be maintained.
Modification and replacement.
A nonconforming structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
Modification.
A nonconforming structure shall not be added to or enlarged or altered in any manner in a way which increases its nonconformity. All such modifications which increase the nonconformity shall require an area variance from the Zoning Board of Appeals.
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
Replacement. A nonconforming structure may be replaced on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way which increases its nonconformity. After 24 months, such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.

§ 170-39 Manufactured homes.

Manufactured homes, with additions thereto, regardless of type or construction, shall not be deemed to comply with minimum floor requirements for residences.

§ 170-40 Storage of materials.

The outside storage of construction materials, portable or temporary storage units or construction equipment may have a negative impact on the adjoining properties and is limited by these regulations. No construction materials of any kind shall be stored outside in any district, except for the construction of structures to be actually erected upon the premises where such materials are stored.
Portable on-site deliverable storage units are permitted to be on a property for a period of time not to exceed 45 days. The use of these shall be limited to no more than twice in any twelve-month period.
The Planning Board may approve the outside storage of materials as part of a site plan approval for nonresidential properties.
An individual or business seeking relief for these regulations may apply to the Zoning Board of Appeals for a variance for outside storage of materials or portable on-site deliverable storage units.
No trailer or metal box trailer, semitrailer or metal or wooden van camping trailer shall be used as an accessory structure within the Village of Victor for storage of materials, goods, objects, or occupancy, or keeping of animals in any district.
The above regulations do not apply to activities related to farming operations, as such are defined within the New York State Agriculture and Markets Law.

§ 170-41 Livestock.

[Amended 6-2-2025 by L.L. No. 3-2025]
No lot may be used or occupied and no structure may be erected, maintained or used for harboring, raising or in connection with livestock.
No storage of manure, other animal waste, or dust- or odor-producing substances shall be allowed.

§ 170-42 Parking.

Off-street parking shall meet the following minimum requirements in order to provide adequate parking to accommodate existing and anticipated needs in a manner consistent with the character of the community and its neighborhood.
General requirements for off-street parking.
Adequate off-street parking shall be required for all principal and accessory buildings or uses constructed or expanded after the effective date of this chapter.
In the Village Center Business District, lots or parcels 0.20 acre or less shall be exempt from the off-street parking requirements.
At the discretion of the Planning Board, an applicant may receive credit toward meeting minimum off-street parking requirements when a project for which approval is being sought is within 150 feet of municipal parking.
Adequate off-street parking space(s) shall be provided in all zoning districts, and shall comply with the following unless the Planning Board provides a waiver as described in this section:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Use
Minimum Spaces
Adult entertainment uses
Automobile repair service
1 per service bay and 1 per 200 square feet of building area aside from service bay
Bank with or without drive-through
3 per 1,000 square feet
Day care
0.35 per person (licensed capacity)
Home occupation
1 per nonresidential employee and at least 1 client parking space in addition to space(s) required for the dwelling
Commercial lodging (hotel/motel/bed-and-breakfast)
1 per guest room, plus 1 per 4 persons based on posted occupancy for restaurant
Manufacturing/light industrial
1.5 per 1,000 square feet
Mixed-use structure (See Subsection D, below)
As required for residential use in this table, plus 1.5 per 1,000 square feet of commercial, retail, office, plus as required for restaurant in this table
Office, professional (including office portion of manufacturing or warehouse use)
2.5 per 1,000 square feet
Office, medical
4 per 1,000 square feet
Places of public assembly and/or use; theater
1 per 3 seats or 1 per 100 square feet if no fixed seats (auditorium, church, etc.)
Residential:
Single-family
Single-family dwelling unit
2 per dwelling unit
Multifamily
Studio
1.25 per dwelling unit
1 bedroom
1.5 per dwelling unit
2 or more bedrooms
2 per dwelling unit
SCR-1 District residential
See § 170-12.2B(8)
Senior citizen multiple dwellings in the R-1 District
See § 170-10A(8)
Senior citizen multiple residences in the SCR-3 District
Residential care facility
0.5 per resident
Restaurant/diner
1 per every 4 persons based on posted occupancy
Retail/service business/commercial
2.5 per 1,000 square feet
Warehouse
1 per 2,000 square feet
Applicants are encouraged to provide evidence of lesser parking and loading demand if appropriate.
The Planning Board, at its discretion, may waive the minimum required parking spaces in this section, and allow fewer off-street parking or loading if warranted based on a parking impact study submitted by the applicant. In any case where less off-street parking is required, the Planning Board reserves the right to require the set-aside of additional open space sufficient to accommodate the amount of off-street parking which would ordinarily be required.
The Planning Board also reserves the right to request additional information, such as but not limited to expected number of employees, participants, expected attendance or expected deliveries, relevant to judging the adequacy of listed parking and loading standards. Such information may result in application of off-street parking standards higher than those listed in this section.
For uses not listed, the required number of off-street parking or loading spaces shall be determined by the Planning Board based on similarity to listed uses and information provided by the applicant.
In all cases, the provided off-street parking and loading should be sufficient to prevent frequent on-street parking by users or employees or the loading and unloading of passengers or materials from the public right-of-way in such a manner that is disruptive to traffic.
Design requirements shall be as follows:
Each off-street parking space for residential and nonresidential use shall measure a minimum of nine feet by 18 feet with twenty-six-foot aisles.
Each off-street parking space and the means of access to the parking area shall be so designed and maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any motor vehicle may be parked and removed without moving or damaging another.
All parking areas, with the exception of one-family and two-family dwellings, shall be striped. Emergency access lanes shall be identified as required by the Code Enforcement Officer according to the New York State Uniform Fire Prevention and Building Code.
Handicapped parking spaces must be provided and designed in accordance with standards of the New York State Uniform Fire Prevention and Building Code.
Planning for future parking needs.
All areas to be used for parking and site access shall be identified on the site development plan approved by the Planning Board. Parking areas shown on the plan will identify all areas to be constructed for parking and those areas which are set aside for parking expansion.
All sites shall be so designed as to provide sufficient parking to satisfy the requirements of this code. Parking spaces must be provided for both immediate and future needs of the site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The ratio of planned to constructed parking spaces shall be at the discretion of the Planning Board. Constructed parking shall be based on the immediate needs of the site.
Consistent parking of vehicles on a public right-of-way or outside the designated parking areas shall be the primary indicator of need for converting planned parking areas to functional parking areas. The need for conversion from planned parking areas shall be at the discretion of the Code Enforcement Officer and shall be founded in fact.
Residential district parking area standards.
It shall be unlawful for any owner or occupant of any premises to permit the placement or storage of any unlicensed or unregistered vehicle or any vehicle without a valid inspection sticker, unless the vehicle is stored within a wholly enclosed building.
No premises shall provide outside parking for more than one commercially licensed vehicle of more than 5,000 pounds in weight, as indicated on currently valid registration, owned and/or regularly used by a resident of the premises where the vehicle is parked, nor provide parking, storage or a base of operations for construction equipment and/or their support equipment.
A trailer, boat trailer, camp trailer, recreational vehicle trailer or portable hot tub trailer shall be parked or stored only in a rear yard. Any trailer in excess of 26 feet in length shall be stored only within a wholly enclosed building.
No off-street parking shall be permitted in any front or exterior side yard or within five feet of any side or rear lot line, except in an established driveway. In no event shall any motor vehicle be parked on the landscaped portion of a yard.
No parking shall be permitted in the public right-of-way except on the paved portion of a street or alley.
The use of any camp trailer, recreational vehicle trailer or mobile home as temporary living quarters, for hire or otherwise, is prohibited.

§ 170-42.1 Cannabis retail dispensary.

[Added 10-7-2024 by L.L. No. 4-2024]
Purpose. The purpose of this section is to provide zoning district locations and regulations governing cannabis retail dispensary establishments in accordance with New York State's Cannabis Law, as amended or changed. It is the express purpose and intent of this section to minimize the adverse impacts cannabis retail dispensaries may have on adjacent properties and to provide standards for the placement, design, siting, safety, security, monitoring, modification, and discontinuance of cannabis retail dispensaries. This section outlines reasonable conditions that will protect public health, safety, and welfare. This section is intended to encourage appropriate land use and reasonable safeguards to govern the time, place, and manner of cannabis retail dispensary operations.
Certificate of occupancy. The applicant shall immediately notify the Code Enforcement Officer of any anticipated change in the ownership or the corporate structure of the applicant. Any change in ownership and any substantial corporate change without prior approval of the Code Enforcement Officer shall render the certificate of occupancy void. For this section, a "substantial corporate change" shall have the meaning set forth in NY Cannabis Law § 67(4). If it is determined that the change in operator or operations will result in a substantial change in operation or site plan, the application can be referred to the Planning Board at the discretion of the Code Enforcement Officer.
Cannabis retail dispensaries shall only be permitted in the Southside Business District.
Cannabis retail dispensary requirements. The following requirements shall apply for the operation of any cannabis retail dispensary:
A cannabis retail dispensary shall not be located within 2,000 feet of any other cannabis retail dispensary, as measured in a straight line from the nearest property line of the lot of the existing cannabis retail dispensary to the nearest property line of the lot to be occupied by the proposed cannabis retail dispensary.
No cannabis retail dispensary may operate between the hours of 9:00 p.m. and 9:00 a.m.
Display of cannabis and related merchandise shall not be visible from the exterior of the building and shall not be permitted to be displayed in any other building than that which has received a certificate of occupancy for a cannabis retail dispensary.
The operation of a cannabis retail dispensary shall be limited to the retail dispensary as described in the certificate of occupancy. Additional temporary or permanent uses shall not be permitted within the approved cannabis retail dispensary area.
Cannabis retail dispensaries shall install a fully operational camera system sufficient to be used at night and covering all areas on the property to be so used. The system shall be capable of recording and all recording must be kept for a minimum of 60 calendar days.
Cannabis retail dispensaries shall clearly post and maintain the following specific signage:
A sign in a conspicuous location near any access doors indicating that those under 21 years of age may not enter the premises, except in the discharge of official duties.
No less than three signs in conspicuous locations indicating that cannabis consumption is not allowed on the property. Sign locations and design shall be approved by the Code Enforcement Officer.
Licensing:
A cannabis retail dispensary shall not operate unless all licenses and permits required for it to conduct business are issued by the State of New York and any of the agencies for cannabis retail dispensary operations and posted in a conspicuous area.
Only the Office of Cannabis Management (OCM) may issue licenses for cannabis businesses. There shall be no unlicensed dispensing, processing, cultivation, sale, handling, distributing, or gifting in exchange for anything for which value is received of cannabis or processed cannabis products without the required license from OCM which is displayed as required by OCM and this section.
Upon issuance of any license, a retailer, whose licensed premises is open to the public, shall prominently display the Quick Response Code (QR Code) Certificate issued by OCM so that it can be viewed and scanned from outside of the licensed premises.
The loss of a license shall immediately revoke the certificate of occupancy.
No drive-through or walk-up window service shall be permitted at a cannabis retail dispensary.
Off-street parking shall be provided on the property as described in § 170-42.
Consistent with NYS Cannabis Law § 85, Subsection 3, there shall be no alcoholic beverages sold, displayed, carried, provided, gifted, distributed, processed, or exchanged on the same tax parcel of the cannabis retail dispensary.
Any business operating without the required OCM license or otherwise in any violation of this section shall be subject to a fine in the sum of $1,500. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1,500 per violation.

§ 170-42.2 Smoke and tobacco shops.

[Added 10-7-2024 by L.L. No. 4-2024]
Purpose. The purpose of this section is to provide specific regulations governing smoke shops, vape shops, and tobacco stores.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any product processed or derived from hemp, that is used for human consumption including for topical application for its cannabinoid content, that does not contain more than 0.3% THC. Cannabidiol or "CBD" products are an example of cannabinoid hemp products and can come in a variety of different forms including but not limited to tinctures (CBD oil), pills, capsules, balms, lotions and food or beverage products.
Any shop, store or business in which more than 5% of its retail floor space is dedicated to the sale of tobacco products and/or smoking paraphernalia, as herein defined.
All equipment, products, and materials, of any kind, which are used, intended for use, or designed and/or adapted for use in packaging, repackaging, storing, containing, injecting, ingesting, inhaling and/or otherwise introducing into the human body tobacco products.
Any product containing tobacco, including but not limited to cigarettes, chewing tobacco, cigars, electronic cigarettes, vape pens, vapors, e-liquids, e-vaporizers and other like substances such as CBD products.
Additional zoning and land use standards for smoke and tobacco shops shall be as follows:
Smoke shops shall not be located within 500 feet of any other smoke shop, within the Village, as measured in a straight line from the nearest property line of the lot of the smoke shop to the nearest property line of the lot to be occupied by the proposed smoke shop.
No smoke shop may operate between the hours of 11:00 p.m and 9:00 a.m.
Display of smoking paraphernalia and tobacco products shall not be visible from the exterior of the building and shall be either locked or accessible only from employee areas.
Smoke shops shall install a fully operational camera system sufficient to be used at night and covering all areas on the property to be so used. The system shall be capable of recording and all recordings must be kept for a minimum of 60 calendar days.
Smoke shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian.
A smoke shop shall not operate unless all licenses and permits required for it to conduct business are issued by the State of New York and any of the agencies for the sale of tobacco products and posted in a conspicuous area.