This chapter shall hereafter be known and cited
as the "Zoning Law of the Village of Groton."
The intended purpose of this chapter is to promote
and protect the public health, safety and general welfare of the community;
to reduce congestion on the streets and highways; to prevent the overcrowding
of land and to avoid excessive concentrations of population; to facilitate
the adequate provisions of transportation, water, sewage disposal,
schools, parks and other public requirements; to protect the established
character and the social and economic value of property; and to establish
zones wherein regulations concerning the use of land and structures,
the density of development, the amount of open space that must be
maintained, the size of yards, the provision of parking and control
of signs and other provisions will be set forth to guide and regulate
the most appropriate and orderly development and growth of the Village
in accordance with a comprehensive development plan and with long-term
objectives, principles and standards deemed beneficial to the interest
and welfare of the people. This chapter recognizes the desirability
of the Village, for its people, to protect and preserve the community's
physical, social and aesthetic environment, to provide open space,
to preserve the natural beauty of the community, to promote the development
of the community as a beautiful place in which to live and to regulate
and restrict areas as historical landmarks, sites, places and buildings
to conserve and perpetuate these places of natural heritage.
[Amended 5-19-1975 by L.L. No. 1-1975; 2-18-1985 by L.L. No.
1-1985; 12-10-1990 by L.L. No. 10-1990; 9-19-1994 by L.L. No.
7-1994]
Certain specific words and terms used in this
chapter are to be interpreted and defined as follows:
Businesses including the following:
[Added 12-15-1997 by L.L. No. 3-1997]
Adult arcades where, for any form of consideration,
one or more motion-picture projectors, slide projectors or similar
machines for viewing by five or fewer persons each are used to show
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
Adult bookstores which have as a substantial
(50% or more) portion of its stock in trade and offers for sale, for
any consideration, any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes, slides
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
Adult cabarets, meaning any nightclub, bar (including
establishments which do not serve alcoholic beverages), restaurant
or similar establishment which regularly features live performances
characterized by exposure of specified anatomical areas or by specified
sexual activities or films, motion pictures, video cassettes, slides
or other photographic reproductions characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas.
Adult motion-picture theaters where, for any
form of consideration, films, motion pictures, video cassettes, slides
or other photographic reproductions are regularly shown, and in which
a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
Adult theaters, meaning a theater, concert hall,
auditorium or similar establishment which, for any form of consideration,
regularly features live performances characterized by the exposure
of specified sexual activities or specified anatomical areas.
Massage parlors where, for any form of consideration,
massage, alcohol rub fomentation, electric or magnetic treatment or
manipulation of the human body is administered, unless by a medical
practitioner, chiropractor, acupuncturist, physical therapist, licensed
massage therapist or similar professional person licensed by the state.
This definition shall not be deemed to include an athletic club, health
club, school, gymnasium, reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is offered
as an incidental accessory service.
An owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities for, and serving food and drink prepared within the building to, registered transient guests, and subject to the applicable provisions of § 200-50 of this chapter.
Any structure where space is covered or enclosed.
A subordinate building clearly incidental to the principal
building on the same lot and used for purposes customarily incidental
to those of the principal building.
The vertical distance from finished grade to the highest
midpoint of a pitched roof. On a hillside lot, the finished grade
should be considered as the average finished grade on the uphill side
of a structure.
The line formed by the intersection of a vertical plane that
coincides with the most projected exterior surface of a building on
any side and the ground.
A building or buildings within which is conducted the primary
use or activity of the lot on which said building is located.
A building designed for seasonal occupancy and not suitable
for year-round living, whether or not such building is actually occupied
seasonally or otherwise.
Any organization, premises or building catering exclusively
to members and their guests and containing no merchandising or commercial
activities except as required for the membership and purposes of such
"club."
Development of one-family dwellings on lots which are smaller
than permitted by the regulations of this chapter but where the density
of development is no greater than would otherwise be permitted by
lot regulations and where residual land produced by the smaller lot
size is used for recreation and open space.
The individual charged with the responsibility of enforcing
the provisions of the Code of the Village, including but not limited
to the provisions of this chapter; that is, the Code Enforcement Officer's
responsibilities shall include those formerly assumed by those persons
formerly entitled the "Zoning Enforcement Officer," "Building Officer"
or "Zoning Officer."
Any building or structure that is utilized for storage as
a principal use of a lot, including leasing storage space to those
who are not the property owner.
[Added 7-18-2011 by L.L. No. 4-2011]
The continuation of land in its natural state or any use
that will maintain the land in essentially its natural state.
A small retail activity that offers for sale convenience
goods, beverages, sundries, and may include motor fuel, often operating
on a basis of 24 hours per day.
Care of children away from their own homes, for less than
24 hours a day in an individual's own home, a day nursery or
other place operated by an individual, an association, corporation,
institution or agency operated for such purpose, for compensation
or otherwise, for at least three hours a day for the accommodation
of seven or more children.
[Added 7-18-2011 by L.L. No. 4-2011]
A structure attached to or adjoining a house, other principal
building, or aboveground swimming pool, consisting of one or more
planes constructed of wood, metal and/or other materials and located
above the surface of the earth on or including a support system of
footings and foundations, piers, pilasters, columns, posts, joists,
stringers and beams or any of them, and including any railings or
open enclosure thereof and including any stairs, ramps or other devices
connecting one level with another, with the ground and/or with the
adjoining structure.
[Added 7-18-2011 by L.L. No. 4-2011]
Any building or part thereof designed and used for year-round
human habitation or intended to be so used.
One or more rooms located within a dwelling and providing
complete living accommodations for one family, including cooking and
bathroom facilities and an independent entrance. If there is more
than one such unit in a building, each unit shall be separate from
and independent of the other units.
A dwelling unit that is produced by a system of construction
whereby the basic structure or its components are wholly, or in a
substantial part, premanufactured and designed to be transported to
a lot, but not on its own chassis or wheels, for assembly and permanent
installation on a foundation; also known as a "modular home." For
purposes of this chapter, a mobile home is not to be construed as
a manufactured home.
One or more dwellings on a single lot containing separate
dwelling units for three or more families.
A detached dwelling, also referred to as a "single-family
residence," having complete living accommodations for only one family.
[Amended 9-21-2015 by L.L. No. 3-2015]
A dwelling accommodating or designed to accommodate a single
family in a single dwelling unit, the walls on two sides of which
may be in common with the walls of adjoining dwellings and are party
or lot line walls.
A detached dwelling containing two dwelling units.
An individual or two or more persons occupying
a single dwelling unit, related by blood, marriage or legal adoption,
living and cooking together as a single housekeeping unit.
Two unrelated persons occupying a single dwelling
unit, living and cooking together as a single housekeeping unit.
Notwithstanding the provisions of Subsection B of this definition, a group of unrelated persons numbering more than two shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a "family," pursuant to the standards enumerated in Subsection E herein.
Before making a determination whether a group of more than two unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided for in Subsection C of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Code Enforcement Officer.
Determination of "family."
In making a determination under Subsection C, the Board of Appeals shall find that:
The group is one which, in theory, size, appearance
and structure, resembles a traditional "family" unit.
The group is one which will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
merely a framework for transient or seasonal (including as "seasonal"
a period of an academic year or less) living nor merely an association
or relationship which is transient or seasonal in nature. In making
this finding, the Zoning Board of Appeals may consider, among other
factors, the following:
Whether expenses for preparing of food, rent
or ownership costs, utilities and other household expenses are shared
and whether the preparation, storage and consumption of food is shared.
Whether or not furniture and appliances are
commonly owned by all members of the household.
Whether or not any children are enrolled in
local schools.
Whether or not householders are employed in
the local area.
Whether or not the group has been living together
as a unit for an extended period of time, whether in the current dwelling
unit or other dwelling units.
Any other factor reasonably related to whether
or not the group of persons is the functional equivalent of a traditional
"family."
A group of individuals living together in the
same dwelling unit shall be presumed not to be a "family" as defined
herein if it is occupied by four or more adults over the age of 18
years and is not occupied by minor dependent children.
In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 200-76 of this chapter.
In making determinations as to whether a particular
group consists of a "family," the Zoning Board of Appeals may impose
reasonable conditions to assure occupancy as a "family" as contemplated
by this chapter. Such conditions may include limitations on numbers
of vehicles, parking of vehicles, types of facilities in the inside
of the building (e.g., number of food preparation areas), etc.
Notwithstanding the provisions elsewhere provided
herein, if the following limitations result in a lesser permitted
number of occupants than would be permitted under the definition of
"family" set forth above, and the regulations of each zone set forth
later in this chapter, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of habitable
space of each dwelling unit as follows:
Areas utilized for kitchenettes, bath, toilet,
storage, utility space, closets and other service or maintenance space
shall be excluded in determining habitable space.
A separate, detached, temporary one-family dwelling, accessory to a one- or two-family dwelling on a lot erected and occupied in accordance with the provisions of § 200-52J of this chapter.
[Added 3-17-1997 by L.L. No. 1-1997]
A parcel of land, five acres or larger in size, used primarily
for the raising of agricultural products, livestock, poultry or dairy
products, and including buildings and appurtenances necessary thereto.
A work or structure consisting of either woven wire, woven
wood, picket, board or other material, or combination thereof, designed
to either limit access to an area or screen an area from view, or
both. A boundary line fence is a fence constructed within two feet
of a property boundary line and extending along or parallel to such
boundary line in such manner as to substantially separate properties
along the common boundary line.
[Added 7-18-2011 by L.L. No. 4-2011]
The distance between side lot lines measured at the street
right-of-way line.
A carport or enclosed building for use by the inhabitants
of a dwelling.
An enclosed building for the indoor storage or repair of
motor vehicles, including painting and the sale of parts and accessories.
A junkyard or auto salvage yard is not to be construed as a "garage."
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel, oil and
other lubricating substances and motor vehicle accessories; and the
station may or may not include facilities for lubricating, washing
or otherwise servicing motor vehicles.
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see, and/or in extreme cases causing
momentary blindness.
[Added 1-20-2003 by L.L. No. 3-2003]
A subordinate use of a commercial or service nature conducted within a residential dwelling by the inhabitants thereof, or in an adjacent accessory building on the same lot as said dwelling. A "home occupation" shall require a special permit as set forth in § 200-52 of this chapter.
Any premises, where, for monetary compensation, four or more
domestic animals other than farm animals, more than four months of
age, are housed, groomed, bred, trained, or offered for sale.
[Added 7-18-2011 by L.L. No. 4-2011]
The specific purpose for which land or a building is used
or designed and intended to be used and maintained.
A parcel of land with or without buildings delineated by
legal boundaries.
Does not include land in a public street or right-of-way.
An area of land the size of which is determined by the limits of the
legal boundaries bounding said area and is usually expressed in terms
of square feet or acres.
The portion of the lot area covered by the area of all buildings
and structures.
[Added 7-18-2011 by L.L. No. 4-2011]
Commercial excavation of sand and gravel or other natural
deposits and quarrying of rock.
[Added 7-18-2011 by L.L. No. 4-2011]
A self-contained, one-family dwelling unit that has the following
characteristics:
Manufactured as a movable or portable dwelling
for year-round occupancy and for installation on a masonry or concrete
foundation, or a mobile home stand, or piers, with or without a basement
or cellar;
Designed to be transported on its own chassis
and wheels and connected to utilities after placement on a stand,
foundation or piers;
May contain parts that can be folded, collapsed
or telescoped when being towed and expanded later to provide additional
living space;
May be constructed in two or more separately
towable components designed to be joined into one integral unit capable
of being again separated into components for repeated towing; and
Designed and built in accordance with current
federal standards of the Department of Housing and Urban Development.
A parcel of land which is designed and improved for the placement
of mobile homes for nontransient use and which is offered to the public
for the purpose of supplying accommodations for two or more mobile
homes.
A lot of record existing on the date of enactment of this
chapter which does not comply with the minimum frontage and area requirements
for the zone in which it is located.
A building, structure or use of land which was lawfully existing
prior to the adoption or amendment of this chapter but which fails
to conform to the regulations of the zoning district in which it is
now located by reason of such adoption or amendment.
That part of the gross lot area that is not used for building,
parking or service. "Open space" may include lawns, trees, shrubbery,
garden areas, footpaths, play areas, pools, watercourses, wooded areas
and paved surfaces used as access drives but not used for vehicular
parking of any kind.
An off-street space available for parking one automobile
and which is an area at least nine feet wide and 20 feet long, not
including maneuvering area and access drives thereto.
An uncovered and unenclosed porch placed at an entryway,
which is no more than 12 inches above grade.
[Added 7-18-2011 by L.L. No. 4-2011]
An area of at least three acres in size in one ownership
designed and built, after Planning Board approval, as a single unit
providing a street system and water and sewer facilities as necessary
and used for residential or commercial or industrial purposes or some
combination thereof.
A roofed-over structure projecting from the wall or walls
of a main structure, whether or not open to the weather. It shall
be deemed to be a part of the building.
[Added 7-18-2011 by L.L. No. 4-2011]
A sewerage facility owned and operated by the Village of
Groton or some comparable public agency and providing collection and
secondary treatment of liquid wastes. For the purposes of determining
lot size under this chapter, the Zoning Board of Appeals may declare
a privately owned sewerage system to be a "public sewer" if said private
system serves a large area or a large sewage producer and has received
County Board of Health approval.
Travel trailers or other vehicular portable structures designed
to be used as a temporary occupancy for travel or recreational use,
such as, but not limited to, folding tent trailers, motor homes, slide-in
truck campers removed from the truck or pickup, animal trailers, boat
trailers with or without boats, and all utility trailers for any type
of three- or four-wheeled sport racing vehicle, snowmobile, jet ski,
all-terrain vehicle or other similar use.
[Added 2-18-2014 by L.L. No. 2-2014]
A commercial activity characterized by the direct on-premises
sale of goods and services to the ultimate consumer, including on-premises
manufacturing, processing and preparation customarily associating
with department stores, food markets, and similar establishments,
and such services as barbers, clothiers, shoe repair, laundry, etc.
[Added 7-18-2011 by L.L. No. 4-2011]
A residential use housed in a single dwelling or in part
of a dwelling where no fewer than three unrelated persons are let
or sublet lodging in private rooms or quarters not constituting dwelling
units, for definite periods of time, and where there are no overnight
stays by transient guests. The building may or may not be occupied
by the owner of the property or the manager of the house. Meals may
or may not be provided, but only one common kitchen facility shall
exist and no meals shall be provided by the establishment to members
of the general public not lodged in the establishment. Rooming houses
or boardinghouses shall not include hotels, motels, inns, bed-and-breakfasts,
or convalescent homes, nursing homes, rest homes, or group residences
licensed or regulated by agencies of the State of New York or the
United States of America. Rooming houses or boardinghouses shall abide
by all applicable state and local laws and regulations governing lodging
houses, boardinghouses, or rooming houses.
[Amended 8-18-2014 by L.L. No. 6-2014]
A room or rooms, whether combined with a dwelling or not,
used to provide living and sleeping quarters but without cooking facilities.
A type of parabolic antenna designed with the specific purpose
of transmitting signals to and/or receiving from satellites.
[Amended 7-18-2011 by L.L. No. 4-2011]
Any structure, display, device or representation which is designed or used to advertise or call attention to any thing, person, business, activity or place and is visible from any highway or other right-of-way. The flag or pennant of any nation or state shall not be construed as a "sign." No "sign" shall be illuminated or flashing unless permitted specifically by the provisions of Article XII, Signs, of this chapter.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene. A sign on which the only
copy that changes is an electronic or mechanical indication of time
or temperature shall be considered a "time and temperature" portion
of a sign and not an animated sign for purposes of this chapter.
[Added 7-18-2011 by L.L. No. 4-2011]
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for the purposes of this chapter. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a "time and temperature"
portion of a sign and not a changeable copy sign for purposes of this
chapter.
[Added 7-18-2011 by L.L. No. 4-2011]
Any device, object or building facade larger than 150 square
feet in area, situated on private premises and used for advertising
goods, services or places other than those directly related to the
premises on which said sign is located.
A sign that is designed to be transported from place to place
and is not permanently affixed to the ground or to a building.
[Added 7-18-2011 by L.L. No. 4-2011]
A sign painted on, constructed on, or supported by the roof
of any building.
[Added 7-18-2011 by L.L. No. 4-2011]
Any sign, handbill, or poster which is placed to advertise
or announce a specific event, or which pertains to a particular event
or occurrence, or which is not designed or intended to be placed permanently.
Examples of temporary signs include, but are not limited to, signs,
handbills or posters relating to garage sales, political candidates
or ballot measures, concerts, swap meets and the like.
[Added 7-18-2011 by L.L. No. 4-2011]
[Added 12-15-1997 by L.L. No.
3-1997]
[Added 12-15-1997 by L.L. No.
3-1997]
For the purpose of this chapter, any detached trailer or
other portable structure used or intended for storage purposes shall
be considered a storage trailer regardless of the duration of such
placement. This definition excludes registered self-propelled recreational
vehicles, or licensed travel or camping trailers towed by a motor
vehicle and neither wider than eight feet nor longer than 32 feet.
[Added 7-18-2011 by L.L. No. 4-2011]
A rooming house.
A vehicular portable structure designed as a temporary dwelling
for travel, recreation and vacation uses.
See definition of "land use activity" herein.[1]
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is not allowed by the dimensional or physical
requirements of the Zoning Law of the Village of Groton.
[Added 7-18-2011 by L.L. No. 4-2011]
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by the Zoning Law of the Village of Groton.
[Added 7-18-2011 by L.L. No. 4-2011]
Establishments or places of business primarily engaged in
selling merchandise to retailers, industries, commercial institutions,
or professional business users, or to other wholesalers; or acting
as agents or broken and buying merchandise for, or selling merchandise
to, such individuals or companies.
[Added 7-18-2011 by L.L. No. 4-2011]
An open, unoccupied space located on the same lot as any
principal building and measured by the distance between a lot line
and the nearest point from any principal building. See illustration
for the location of the front, side and rear yard.
 yard.tif.png) |
[1]
Editor’s Note: The former definition of "variance,"
which immediately followed this definition, was repealed 7-18-2011
by L.L No. 4-2011.
