Whitesboro City Zoning Code
ARTICLE IV
Use Regulations
§ 295-9 Purpose.
The purpose of residential districts is to:
A.
Delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Village Comprehensive Plan.
B.
Improve the character of residential areas by requiring standards of land use and lot and building size, which accurately reflect existing and desirable development.
C.
Protect the integrity of residential areas by prohibiting the intermixture of incompatible nonresidential uses.
§ 295-10 R-1 Residential District.
In the R-1 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
§ 295-11 R-2 Residential District.
In the R-2 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
§ 295-12 R-3 Residential District.
In the R-3 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the-following uses:
§ 295-13 MS Main Street District.
The purpose of the Main Street District is to:
A.
Allow for a variety of residential uses along with compatible low-impact commercial uses on the same property or within the district.
B.
Protect the character and integrity of residential areas by establishing development standards for nonresidential uses in the district.
C.
Uses permitted: See Schedule A, Part IV.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 295-14 R-M Residential - Mobile Home District.
In the R-M Residential - Mobile Home District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
§ 295-15 C-1 Retail Commercial District.
A.
The purpose of the C-1 Retail Commercial District is to:
(1)
Delineate an area where retail stores, personal services, offices, recreational, institutional, cultural facilities, municipal buildings and services are provided for the community.
(2)
Encourage new development in the Retail Commercial District by providing for public and commercial off-street parking areas for patrons of the businesses in the district.
B.
In the C-1 Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Uses permitted:
(a)
Existing residential uses.
(b)
Retail store, bakery for retail sale of goods primarily on the premises.
(c)
Personal service shop.
(d)
Launderette.
(e)
Restaurant, tavern.
(f)
Business or professional office, studio.
(g)
Educational, eleemosynary religious or philanthropic institutions.
(h)
Florist shop.
(i)
Funeral home.
(j)
Club or lodge, except those for which the chief activity is a service customarily carried on as a business.
(k)
Radio, television or household appliance sales or service, computer sales or service.
(l)
Antique sales and accessory service.
(m)
Public utility station or structure.
(n)
Four-or-more-family dwelling by conversion of existing structures.
(2)
Uses permitted as a special exception by the Board of Appeals: none.
§ 295-16 C-2 General Commercial District.
A.
The purpose of the C-2 General Commercial District is to delineate an area appropriate for commercial uses which are oriented either to highway use or intended for service to vehicles or non-retail commercial uses.
B.
In the C-2 General Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Uses permitted:
(a)
Uses permitted in the C-1 Retail Commercial District.
(b)
Motel.
(c)
New automobile, boat, farm and home implement, mobile home, trailer, snowmobile, and bicycle or motorcycle dealership.
(d)
Laundry or dry-cleaning plant.
(e)
Office equipment, business machines sales and service.
(f)
Letter press shop, printing plant.
(g)
Hardware, building supplies.
(h)
Heating, plumbing, air conditioning, electrical or similar fabrication shop.
§ 295-17 C-3 Restricted Commercial District.
[Amended 5-12-2025 by L.L. No. 4-2025[
A.
The purpose of the C-3 Restricted Commercial District is to recognize unique circumstances which exist within the Village and to provide an appropriate location for special uses which are compatible with nearby land uses and to provide an appropriate location for certain types of business which would have serious objectionable characteristics.
(1)
In the approval of this section of this chapter, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics, especially when located in or near adjoining residential neighborhoods.
(2)
In the approval of this section the Board has considered the findings which it made upon and hereby confirms after a public hearing, including:
(a)
The deleterious affect that sexually oriented businesses are likely to have on the values of adjoining real estate.
(b)
The problems which sexually oriented businesses tend to generate such as assault and sexual misconduct.
(c)
The quality of life concerns for residential neighbors.
(d)
The geographic layout of the Village of Whitesboro which has a narrow strip of commercial land (C-1 and C-2) mainly located on Oriskany Boulevard with residential neighborhoods within a close proximity thereto.
B.
In the C-3 Restricted Commercial District no building or premises shall be used and no building shall be erected or altered except as follows:
(2)
Uses permitted as a special exception by the Board of Appeals:
(a)
Earth, sand or gravel excavation, storage, handling or shipping.
(b)
Sexually oriented business (SOB) as long as such business is no closer than 500 feet to a residence, church/synagogue or school measured on a direct line from any such building to the building within which such business is to be carried out.
C.
Cannabis Retail Dispensaries and Cannabis On-Site Consumption Establishments shall only be located in C-3 Restricted Commercial Districts in the Village. The following requirements shall be applicable to all Cannabis Retail Dispensaries and Cannabis On-Site Consumption Establishments:
(1)
Cannabis Retail Dispensaries and On-Site Consumption Establishments shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations.
(2)
No drive-through or walk-up window sales to the public shall be permitted at a Cannabis Retail Dispensary or On-Site Consumption Establishment.
(3)
Cannabis Retail Dispensaries and On-Site Consumption Establishments must comply with the New York State Public Health Law Article 13-E and the NYS Clean Indoor Air Act regarding the control of odor.
(4)
Cannabis Retail Dispensaries and On-Site Consumption Establishments shall limit their hours of operation from 9:00 a.m. to 9:00 p.m. daily.
(5)
Cannabis Retail Dispensaries and On-Site Consumption Establishments shall submit evidence that all necessary licenses and/or permits have been obtained from New York State to the Village.
(6)
The following minimum distance location requirements shall apply to all Cannabis Retail Dispensaries and On-Site Consumption Establishments:
(a)
Not within 2,000 feet of a school grounds, as defined by the New York State Education Law.
(b)
Not within 200 feet of a building used as a House of Worship.
(c)
Not within 1,000 feet of the grounds of a public youth facility.
(d)
Not within 2,000 feet of another licensed adult-use Cannabis Retail Dispensary or On-Site Consumption Establishment.
§ 295-18 CEM - Cemetery. [1]
§ 295-19 M-1 Manufacturing District.
A.
The purpose of the M-1 Manufacturing District is to:
B.
In the M-1 Manufacturing District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Uses permitted:
(a)
Uses permitted in the C-2 General Commercial District.
(b)
Metal fabrication.
(c)
Concrete products.
(d)
Machine shop.
(e)
Welding or metal craft shop.
(f)
Light manufacturing or assembly plant.
(g)
Wholesale, storage or warehouse facility.
(h)
Cold storage or meat-packing plant.
(i)
Development or research center.
(j)
Golf course or country club.
§ 295-20 PK Park District.
The PK Park District is intended to provide areas where active and passive recreational activities may be conducted, and for conservation of natural and cultural areas and resources. This district is intended to include those public and private park and recreational and conservation areas which are designed as parks in the adopted Village Comprehensive Plan.
§ 295-21 P-D Planned Development District.
A.
Purposes. The purpose of the P-D Planned Development District is to:
(1)
Provide for new residential, commercial or manufacturing districts in which the economics of scale and creative and innovative planning and architectural concepts and techniques may be utilized by the developer without departing from the spirit and intent of this chapter.
(2)
Provide for the use of those relatively extensive land areas within the community considered appropriate for the type of development possible in a Planned Development District but for which no development has been proposed.
(3)
Ensure that the regulations of this section are so interpreted and applied that the benefits of this chapter to the residents or occupants of the Planned Development District and the residents or occupants of adjacent properties will be protected.
B.
Procedures. The procedure for the establishment of and approval for development within a Planned Development District is a two-step process as described below:
(1)
The procedure for the establishment of a Planned Development District shall be as follows:
(a)
Application for designation of a planned district shall be made to the Village Board. If the request is for a combination of planned development uses, then the zone district requested shall reflect the combination of uses (for example, P-RC would be requested for a proposal including residential and commercial uses). The Village Board shall refer the application to the Zoning Board within 10 days of receipt and the Zoning Board will hold a site plan review.
(b)
The Zoning Board shall report its findings and make its recommendation to the Village Board within 45 days. The Village Board may approve, disapprove or give conditional approval subject to modifications regarding the proposed development.
(c)
The Village Board shall hold a public hearing after public notice as required for any amendment to this chapter and shall consider the report and recommendations of the Zoning Board and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Map to establish and define the type and boundaries of the planned district and in so doing may state specific conditions, in addition to those provided by this chapter, further restricting the nature or design of the development. In the event that the Zoning Board disapproved the proposal or rendered conditional approval subject to modifications with which the developer is not willing to comply, the Village Board may amend the Zoning Map in accordance with the application only upon an affirmative vote of a majority of the members of the Village Board.
(2)
The procedure for the approval of development within an established Planned Development District shall be as follows:
(a)
Amendment of the Zoning Map shall not constitute authorization to develop in the district. Such authorization, after a Planned Development District has been established, shall require that the applicant submit to the Zoning Board such further plans and specifications, as required for site plan review.
(b)
All conditions imposed by the Village Board in its amendment and all subsequent conditions imposed by the Zoning Board in its review of the final plans, including any conditions, the performance of which may be precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district. No permit shall be issued until the Zoning Board has rendered final approval and has authorized issuance of a permit by resolution.
(c)
If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of issuance of the permit, said permit shall become null and void, the approval shall be deemed revoked and vacated and the Village Board shall have the authority to again amend the map to restore the zoning designation for the district to that which it had been prior to the application or any other district.
C.
Procedures. The procedure for the establishment of and approval for development within a Planned Development District is a two-step process as described below:
D.
Standards for development.
(1)
Permitted uses in P-R, P-C and P-M Districts and area and yard dimensions shall be as approved by the Zoning Board using the requirements of Schedule A as guidelines.[1]
[1]
Editor's note: Schedule A is included as an attachment to this chapter.
(2)
Building height shall be limited to 40 feet for commercial or industrial uses.
(3)
Locations for ingress and egress, off-street parking and off-street loading in P-C and P-M Districts shall be so arranged as not to connect directly with local residential streets and as not to cause excessive conflict with pedestrian or motor traffic.
E.
General regulations.
(1)
The Planned Development District created by this chapter is intended to identify certain distinctive areas of the community which are relatively extensive and in which existing uses may be marginal and subject, therefore, to discontinuance.
(2)
Such areas are expressly regarded as primarily suited for uses other than those presently occupying all or parts of these districts, but wherein it is not possible to select specific development objectives until other conditions are satisfied.
(3)
Therefore, in a P-D Planned Development District, only existing uses and uses accessory to existing uses are permitted. No additional development of other use may be permitted except as may be allowable after procedures for rezoning of the area to a specific Planned Development District as described by this chapter are fully accomplished and the Zoning Map has been duly amended to designate such area as P-R Planned Residential, P-C Planned Commercial or P-M Planned Manufacturing, or a combination of such planned districts, after preliminary evaluation and review procedures as herein provided.
(4)
Any proposed use in an area designated on the Zoning Map as P-D Planned Development District, P-R Planned Residential, P-C Planned Commercial or P-M Planned Manufacturing must be reviewed by the Zoning Board and authorization given by resolution of the Board before a permit is issued by the Codes Enforcement Officer.
§ 295-22 WCSD Whitesboro Central School District.
This district encompasses a public institution where pupils/students learn formal education from teachers/administrators. Uses include all uses approved by the elected WCSD School Board, including but not limited to customary classroom education, outdoor sporting events, and cultural events.