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Weedsport Village City Zoning Code

ARTICLE IV

Use Regulations

§ 215-10 Applicability.

Except as provided by law or in this chapter in each district, no building, structure or land shall be used or occupied except for the purposes permitted in § 215-14, Table 1, for the zoning districts so indicated.

§ 215-11 Uses subject to other regulations.

All uses shall be subject, in addition to the use regulations, to additional regulations as specified in other articles of this chapter including but not limited to requirements for setbacks, lot size, lot width, building area, and off-street parking and loading areas.

§ 215-12 Permitted uses.

The following describes the categories of uses as outlined in § 215-14, Table 1:
Uses permitted by right with a building permit as required. (Denoted by "P.")
Uses permitted by right, but subject to special conditions, as defined in § 215-15. Review by the Code Enforcement Officer is required before a permit will be issued. (Denoted by "SC.")
Uses permitted upon issuance of a special use permit subject to review and approval by the Planning Board and subject to the requirements of Article VII. (Denoted by "SP.")
Uses that require site plan review subject to the requirement of Article VIII as part of the approval process are denoted by "*."
A use that is not permitted in a particular zoning district is denoted by "N."

§ 215-13 Prohibited uses.

Any uses not expressly stated as permitted by right, permitted subject to special conditions, or permitted upon issuance of a special use permit in § 215-14, Table 1, are prohibited in the Village of Weedsport.

§ 215-14 Use table.

Table 1: Village of Weedsport Zoning Law Use Table
Key
R = Residential
NC = Neighborhood Commercial
C = Commercial
HC = Historic Commercial
I = Industrial
P = Permitted by Right
SC = Special Conditions
SP = Special Permit
N = Not Permitted
*Site Plan Required
Use Category
Zoning District
Section Reference
R
NC
C
HC
I
Accessory structure
P*
P*
P*
P*
P*
§ 215-16E
Accessory dwelling unit
SP*
SP*
N
N
N
§ 215-33B(1)
Agriculture, agritourism
P
P
P
P
P
Agriculture, crop production
P
N
N
N
P
Agriculture, keeping or raising of small animals or poultry
SC
SC
N
N
N
§ 215-15A(1)
Animal hospital
N
SP*
SP*
SP*
SP*
§ 215-33B(2)
Animal kennel
N
N
SP*
SP*
SP*
§ 215-33B(2)
Animal shelter
N
N
SP*
SP*
SP*
§ 215-33B(2)
Automobile sales
N
N
SP*
N
SP*
§ 215-33A, B(3)
Automobile service station
N
N
SP*
N
SP*
§ 215-33A, B(3)
Bar
N
N
P*
P*
N
Bed-and-breakfast
SC
SC
N
N
N
§ 215-15A(2)
Car wash
N
N
P*
N
P*
Community center
SP*
SP*
P*
P*
N
§ 215-31
Craft beverage industry
N
N
P*
P*
N
Dwelling, multiple-family
SP*
SP*
N
N
N
§ 215-33B(4)
Dwelling, one-family
P
P
N
N
N
Dwelling, two-family
SP*
SP*
N
N
N
§ 215-31
Dwelling unit(s) in mixed-use building
SP*
SP*
SP*
SP*
N
§ 215-33A, B(7)
Farm stand
SC
SC
SC
SC
SC
§ 215-15A(3)
Financial institution
N
SP*
P*
P*
N
Funeral home
N
SP*
P*
SP*
N
§ 215-31
Gasoline station
N
N
SP*
N
N
§ 215-33A, B(5)
Greenhouse/nursery, commercial
N
SP*
SP*
SP*
SP*
§ 215-31
Health care facility
N
SP*
P*
P*
SP*
§ 215-31
Home occupation
SC
SC
SC
SC
SC
§ 215-15A(4)
Hotel
N
SP*
P*
P*
N
Industrial, heavy
N
N
N
N
N
Industrial, light
N
N
SP*
SP*
SP*
§ 215-33A, B(6)
Industrial, medium
N
N
N
N
SP*
§ 215-33A, B(6)
Junkyard
N
N
N
N
N
Library
SP*
P*
P*
P*
N
§ 215-31
Mixed-use building
SP*
SP*
SP*
SP*
SP*
§ 215-33A, B(7)
Motel
N
N
P*
N
N
Nursing home
SP*
SP*
N
N
N
§ 215-33B(8)
Office, professional
N
SP*
P*
P*
SP*
§ 215-31
Portable storage structure
SC
SC
SC
SC
SC
§ 215-15A(5)
Private club
SP*
SP*
P*
P*
N
§ 215-31
Public self-storage facility
N
N
N
N
SP*
§ 215-33B(9)
Public utility, essential service
P
P
P*
P*
P
Public facility
SP*
P*
P*
P*
SP*
§ 215-31
Recreation, indoor
N
N
P*
P*
N
Recreation, outdoor
SP*
P*
P*
SP*
P*
§ 215-33B(10)
Recreational vehicle
SC
SC
N
N
N
§ 215-15A(6)
Recreational vehicle park/campground
N
N
N
N
N
Religious institution
SP*
P*
P*
P*
N
§ 215-31
Restaurant
N
SP*
P*
P*
N
Retail business establishment
N
SP*
P*
P*
N
School, public or private
SP*
SP*
P*
P*
N
§ 215-31
Service business establishment
N
P*
P*
P*
N
Shopping center
N
N
SP*
N
N
§ 215-33A, B(11)
Short-term rental
SC
SC
SC
SC*
N
§ 215-15A(7)
Solar energy system, accessory
P
P
P
P
P
Article XIII
Solar energy system, utility scale
N
N
N
N
SP*
Article XIII
Theater
N
N
SP*
SP*
N
§ 215-31
Warehousing, wholesale distribution
N
N
N
N
SP*
§ 215-33A, B(12)
Wind energy conversion system, large
N
N
N
N
N
Article XIV
Wind energy conversion system, small
N
N
N
N
SP*
Article XIV
Wind energy conversion system, very small
SC
SC
SC
SC
SC
Article XIV
Wireless telecommunication facility
N
N
SP*
SP*
SP*
Article XV

§ 215-15 Uses subject to special conditions.

No zoning permit or building permit shall be issued by the Code Enforcement Officer for any land use or activity listed in § 215-14, Table 1, as having special conditions applicable (SC), until the Code Enforcement Officer is satisfied that the applicable regulations set forth below have been complied with as well as any other relevant requirements of this chapter.
Agriculture, keeping or raising of small animals or poultry. The regulations of this section are established to permit the keeping of certain agricultural animals in the Residential Zoning District in a manner that prevents nuisances to occupants of nearby properties.
The keeping of poultry (such as chickens, turkeys, ducks, etc.), rabbits, and similar animals outdoors in cages, coops, hutches, and enclosures shall be permitted subject to the following conditions:
The keeping of roosters is prohibited.
The total number of animals allowed shall be limited to six.
Setbacks. The coops, runs, or cages housing such animals shall not be located within five feet of a side lot line, nor within 18 inches of a rear lot line, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five feet. No animals shall be kept in required front or side setback areas for the principal structure on the subject parcel.
Enclosures and fences. Any outdoor open-air enclosure or fenced area shall be constructed and installed to prevent animals permitted in this section from leaving the property they are housed on. Free-range animals shall be prohibited.
Slaughtering of animals. Poultry, rabbits, and similar animals may be slaughtered on site only inside a garage or other building, and only for the use by the occupants of the premises and not for sale. No other animal may be slaughtered on site.
Enforcement. The Code Enforcement Officer (CEO) is required to inspect any property upon receipt of a written complaint regarding the keeping of poultry, rabbits, or similar animals permitted in this section. If the CEO finds the conditions to be in violation of any of the standards set forth herein, the CEO will follow the procedures in Article XVIII for notice of violations.
Bed-and-breakfast. In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria:
A bed-and-breakfast shall only be permitted in a single-family dwelling.
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for lodging.
The owner/operator of the bed-and-breakfast shall live full-time on the premises.
No more than two nonresidents of the premises shall be engaged as employees of the operation.
A bed-and-breakfast shall have a maximum of five guest rooms.
The maximum length of stay for any guest is 14 consecutive calendar days.
Farm stand. A farm stand shall be permitted as a seasonal accessory use related to an agricultural activity occurring on either a farm or a nonfarm parcel, subject to the following regulations:
The total floor area of the stand shall not exceed 150 square feet. The farm stand shall be solely for the seasonal display and sale of agricultural and value-added products grown or produced on the premises.
The farm stand shall be portable and capable of being dismantled or removed from the sales site.
The floor area devoted to the sales of homemade handcrafts items shall not exceed 50% of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand.
The farm stand will be setback a minimum of 20 feet from any street line and must meet the requirements for traffic visibility across corners and maintain safe sight triangle distances at road intersections in accordance with § 215-17.
A vehicle not exceeding 10,000 pounds gross weight may be considered a permitted farm stand. However, a vehicle, or any part thereof, customarily known as a tractor trailer or any containerized storage unit shall not be permitted.
Home occupation.
The home occupation may be conducted in the main building or in an accessory building, but in either case shall be conducted wholly indoors and shall not occupy a floor area greater than that of 25% of the area of the first floor of the main building or 500 square feet, whichever measurement is less floor area.
There shall be no exterior storage of materials.
No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
No repetitive servicing by truck for supplies and material shall be permitted.
Home occupations shall be subject to all off-street parking requirements.
There shall be no commercial display visible from the street or advertising, except a home occupation announcement sign no larger than 18 inches by 24 inches.
The home occupation shall be carried on only by the owner-occupant of the dwelling unit and/or members of the immediate family residing in the dwelling unit, plus not more than one additional nonresidential employee.
Home occupations permitted. Home occupations, as defined in Article II, § 215-6, are permitted, subject to the regulations included herein and after a completed Home Occupation Business Intent Form is submitted to the Village Clerk and the Code Enforcement Officer approves a home occupation zoning permit.
Portable storage structures shall meet the following standards:
No portable structure shall require a zoning permit, unless remaining on a parcel in excess of 30 days in any calendar year. In such an instance, the lessee of the portable storage structure shall obtain a zoning permit. The permit shall allow a portable storage structure to remain on a parcel for a period of 90 days. The zoning permit may be renewed under extenuating circumstances, but in no way shall the storage structures become permanent.
Such structures can only be used for the temporary on-site storage of personal property owned, operated or otherwise controlled by the lessee on real property owned, operated or otherwise controlled by the lessee within the permitted time period until such portable storage structure is removed.
A maximum of two portable storage structures shall be permitted per lot at the same time.
No portable storage structure shall exceed 10 feet in width, 20 feet length or 10 feet in height.
No portable storage structure shall be placed within five feet of any lot line.
No portable storage structure shall be placed within five feet of a wall of any building.
Exemptions. The use of portable storage structures shall not be subject to the conditions set forth above, in the following circumstances:
The use of portable storage structure associated with an active construction site where a building permit has been issued, provided that all portable storage structures shall be removed from the site within 14 days following the end of construction.
The use of any portable storage structure associated with active cleanup efforts or temporary storage following any natural disaster or emergency directly affecting the property where such portable storage structure is used.
Recreational vehicle.
Habitation. One recreational vehicle may be set up as an accessory structure to an existing dwelling, and used for occupancy in accordance with the following:
With a temporary permit, issued by the Code Enforcement Officer, a recreational vehicle may be occupied for a period of up to six months per calendar year. Recreational vehicles shall not be rented for on-premises habitation.
Applicant must provide:
Garbage removal plan;
Waste water removal plan;
Sewage removal plan;
Permit must be prominently displayed in window, visible from the road.
Location of occupied recreational vehicle on lot must meet all setback requirements.
No decks, porches, roofs, or sheds shall be affixed to any recreational vehicle.
Storage. An unoccupied recreational vehicle shall be stored in the side or rear yards only and shall be shielded from neighboring residential properties. An unoccupied recreational vehicle shall be located no closer than 20 feet to a road right-of-way. The recreational vehicle shall not obscure the view by neighbors of oncoming traffic. When so stored, no connections shall be permitted except electrical.
Short-term rental.
Management of short-term rental properties:
It shall be the obligation of every owner of a residential property in the Village who permits the property to be used for short-term rental to register said property with the Village Clerk. Such registration shall be completed by the property owner or their agents not fewer than 10 calendar days prior to the first occupancy of the short-term rental property. Each owner shall provide information to the Village such that the owner may be contacted by telephone at any time of day or night with complaints by the public. The owner must be able to respond to complaints about the short-term rental property and take necessary action to resolve the complaint within 30 minutes after notice is given to the contact telephone number.
The Village Clerk shall maintain a registry of short-term rental properties which shall contain the information in each registration form.
Every registration shall be on a registration form adopted by the Village Board of Trustees. The information entered on the registration form shall be a public record.
The site of the short-term rental shall be the primary residence of the owner of the short-term rental property. For instances when the owner is not residing on site, the owner must designate an agent to represent the owner's interests and obligations. The agent shall provide information to the Village such that the agent may be contacted by telephone at any time of day or night with complaints by the public. The agent must be able to respond to complaints about the short-term rental property and take necessary action to resolve the complaint within 90 minutes after notice is given to the contact telephone number.
The name and telephone number of the owner or agent to be contacted with complaints shall be posted on the short-term rental property in a durable and readable form posted inside the home and easily accessible for first responders.
Fees. There shall be an annual registration fee imposed for registration of short-term rental properties. The amount of the fee shall be established in a fee schedule from time to time by resolution of the Village Board of Trustees.
Operational standards for short-term rentals:
Each owner of a short-term rental property in the Village shall ensure that their rental tenants do not make noise at a level which can be heard beyond the boundaries of the property.
Each owner of a short-term rental property in the Village shall ensure that their rental tenants do not encroach upon the lands of adjoining owners with trespassing people, automobiles, trailers, boats, or other recreational vehicles.
Wind energy conversion system, very small. All very small wind energy conversion systems shall meet the conditions required by Article XIV for very small wind energy conversion systems.