The Board of Trustees of the Village of Phoenix,
pursuant to the New York State Municipal Home Rule Law, hereby adopts
and enacts this chapter, repealing the prior Zoning Law, Local Law
No. 1-1990, as amended, except Local Law No. 5-1996, entitled "Amending
Section 57-38 entitled Commercial/Canal District," which § 57-38A,
B, C and D are not repealed.[1]
B.Â
Interpretation of chapter.
(1)Â
The regulations are to be regarded as minimum provisions.
In their interpretation and application, the regulations of this chapter
shall be considered to be the minimum provisions for the purposes
stated above. It is hereby declared to be the legislative intent that
this chapter shall be regarded primarily to further the public and
community interests of the Village of Phoenix.
(2)Â
This chapter is not intended to interfere with, abrogate
or annul any other chapter, local law, regulation or other provision
of law or any easement, covenant or other private agreement or legal
relationship. When this chapter imposes restrictions on use or bulk
different from those imposed by any other chapter, statute, local
law, regulation or other provision of law, whichever provisions are
more restrictive or impose higher standards shall control.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or is located on the
same premises.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building.
The use of land for the production for sale of crops, livestock
or livestock products.
Any change, rearrangement or addition to a building, other
than repairs.
A dwelling unit.
A multiple-family dwelling in which dwelling units are leased
to tenants or otherwise occupied, but not including a hotel or motel.
That space of a building that is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 a story in determining the permissible number
of stories.
A structure inside of which the washing of the exteriors
or interiors of automobiles is conducted. "Automobile car wash" shall
not include any lot or structure in or on which the washing of the
exteriors or interiors of trucks is conducted.
An automobile junkyard as defined in New York State General
Municipal Law § 136.
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, but 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.
A one-family dwelling, occupied by the owner, in which no
more than two sleeping rooms are offered for rent on a daily basis,
with one or more meals included in the rental.
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.
The Board of Appeals of the Village of Phoenix.
The Board of Trustees of the Village of Phoenix.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
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.
The line established by this chapter beyond which no part
of a building, other than parts expressly permitted, shall extend.
The size and shape of buildings, structures and nonbuilding
uses and the physical relationship of their exterior walls or construction
or their location to lot lines and other buildings or structures or
other walls or construction of the same building or structure and
all open spaces required in connection with a building or structure.
Bulk regulations include regulations dealing with lot area, lot area
per dwelling unit, lot frontage, lot width, height, required yards,
courts, usable open space, the ratio of aggregate gross floor area
to the area of the lot, spacing between buildings on a single lot
and the length of buildings in a row.
That space of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A lot and structures providing for the disposal or burial
of deceased human beings, by cremation or in a grave, mausoleum, vault,
columbarium or other receptacle.
Any program or facility caring for more than three non-family-member
children away from the children's residence for more than three hours
and less than 24 hours per day per child by someone other than the
parent, stepparent, guardian or relative within the third degree of
consanguinity of the parents or stepparents of such children.
The officer charged with enforcement of this chapter by the
Board of Trustees.
The use of land for the boarding of horses for compensation.
The plan adopted by the Village of Phoenix in accordance
with the provisions of New York State Village Law § 7-722.
An open, uncovered, unoccupied space surrounded on all sides
by the exterior walls of a building or structure or by such walls
and an interior lot line of the same premises.
An open, uncovered, unoccupied space which has a least one
side opening on a legal open space.
The percentage of the aggregate gross floor area of a building
or buildings which reduces the total area of a lot.
A 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 dwelling purposes and does
not change the character either of the building or the district in
which the building is located. A customary home occupation is limited
to the business, professional office or studio of an accountant, architect,
artist, author, dentist, dressmaker or tailor, engineer, lawyer, municipal
planner, musician, physician, realtor or teacher, with musical or
dancing instruction limited to a single pupil at a time. A customary
home occupation shall not include the following: animal hospital,
motor vehicle repair shop, motor vehicle service shop, barbershop
as defined in New York State General Business Law § 431,
appearance enhancement business as defined in New York State General
Business Law § 400, restaurant, tearoom or tavern.
A facility for the cleaning of clothing or fabrics with a
liquid other than water.
A lot used primarily for the disposal or storage of solid
waste.
A building containing one or more dwelling units occupied
exclusively for residential uses.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
A household constituting a single housekeeping unit occupied
by one or more persons.
The area within surrounding walls of a building or portion
thereof.
One three-day period during any calendar year in which a
person sells his or her own tangible personal property at his or her
residence and is not conducting a business or trade in which similar
items are sold.
The area of land, including structures thereon, or any building
or part thereof where gasoline used as a motor fuel or diesel fuel
is stored and dispensed from fixed equipment into the fuel tanks of
motor vehicles.
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 the building and other structures
or for other purposes) shall be the average elevation of all finished
grade elevations around the periphery of the 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.
A multiple dwelling used primarily for furnishing lodging,
with or without meals, for more than 15 transient guests for compensation.
A lot, other than an automobile junkyard or a scrap metal
processing facility, used for or occupied by the storage or keeping
of nonoperational equipment or other scrap, used or salvaged building
materials or the dismantling, demolition or abandonment of machinery
or parts thereof, solid waste or other like material.
Any place at which are kept any number of cats, dogs or other
caged or domesticated animals for the primary purpose of sale or for
boarding, care or breeding for which a fee is charged or paid.
Any facility having two or more clothes washing machines
and/or clothes dryers, either coin operated or attendant operated,
but does not mean any facility with a dry-cleaning plant on premises.
A transient, temporary or permanent paying guest.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, to 15 or fewer transient occupants
for compensation.
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership,
and the customary accessories and open spaces belonging to the same.
A lot situated at the junction and adjacent to two or more
intersecting streets when the interior angle of intersection does
not exceed 135°.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with a street line.
The line dividing one premises from another or from a street
or other public space.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities and
which meets or exceeds all requirements of Title 9 of the Executive
Law of the State of New York, entitled "Codes, Rules and Regulations."
Any naturally formed, usually inorganic, solid material located
on or below the surface of the earth. For the purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use, exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange or
for commercial, industrial or municipal use; and the disposition of
overburden, tailings and waste at the mine location. "Mining" shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities.
A contiguous parcel of privately owned land which is used
for the accommodation of two or more mobile homes occupied for year-round
living.
A multiple dwelling intended primarily for motorists, not
over two stories in height, in which the exit from each dwelling unit
or sleeping room is directly to the exterior. The term "motel" includes
but is not limited to every type of similar establishment known variously
as an "auto court," "motor hotel," "motor court," "motor inn," "motor
lodge," "tourist court," "tourist cabins" or "roadside hotel." The
term also applies to seasonal and year-round use.
Any building, lot or structure where any person, for compensation,
is wholly or partially engaged in the business of repairing or diagnosing
motor vehicle malfunctions or repairing motor vehicle bodies, fenders
or other components damaged by accident or otherwise.
Any building, lot or structure where any person, for compensation,
is wholly or partially engaged solely in the business of fueling,
changing oil, water, batteries or tires, replacing fan belts, air
filters or oil filters, installing windshield wiper blades or light
bulbs or such other minor repair and servicing functions.
A building containing three or more dwelling
units;
A building containing living, sanitary and sleeping
facilities occupied by one or two families and more than four lodgers
residing with either one of such families;
A building with one or more sleeping rooms,
other than a one- or two-family dwelling, used or occupied by permanent
or transient paying guests or tenants;
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory or fraternity
or sorority house or for similar uses;
A building used or occupied as an old-age home;
or
A community residence.
A building used for the accommodation of and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are furnished.
A building used for the accommodation and care of persons
of advanced age.
A building arranged for one dwelling unit. See "dwelling
unit."
All of the earth, vegetation and other materials which lie
above or alongside a mineral deposit.
An individual, corporation, partnership or unincorporated
association of persons.
The Planning Board of the Village of Phoenix.
A temporary, nonpermanent device which announces, directs
attention to or advertises any charitable, civic, educational, political,
professional, religious or similar organization, campaign, drive,
event, movement or show.
The office of one or more accountants, authors, dentists,
engineers, lawyers, municipal planners or physicians or the studio
of one or more artists or musicians.
The line establishing the boundaries of premises.
Any street, alley or other similar parcel of land essentially
open to the outside air, deeded, dedicated or otherwise permanently
appropriated to the public for public use.
A vehicle designed and intended for short-term residential
occupancy, with or without its own water supply and sanitary facilities
and means of locomotion, and not more than eight feet in width nor
more than 30 feet in length.
A lot on which two or more recreational vehicles are located
for short-term occupancy, regardless of whether or not any charge
is made for such accommodation.
Any premises used by a corporation or association organized
or conducted exclusively for religious purposes.
The replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance, preservation or
restoration of such building, structure, device or equipment.
Food, drug and liquor dealers; eating establishments and
eating and drinking establishments; general merchandise retailers;
apparel and accessories retailers; furniture, furnishings and appliance
dealers; bookstores and stationary and art suppliers; sporting goods
stores; toy, craft and hobby shops; florist shops; camera and photographic
supply dealers; optical goods stores; cigar stores; news dealers;
and gift, novelty and souvenir stores.
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A horizontal or inclined structural element of a building
which serves as the top closure.
A scrap metal processing facility as defined in New York
State General Business Law § 69-e.
A building having two or more tenants or occupants that is
used for the purposes of storage of personal property.
Private and public offices; finance, insurance and real estate
services; business services; professional services; wholesale and
manufacturing sales offices; photographic studios; barbershops and
appearance enhancement businesses; shoe repair shops; small appliance
repair shops; watch and jewelry repair services; travel bureaus; business
and commercial schools; and trade and vocational schools.
The distance from the public way of a street to the principal
building on a lot.
Any structure or part thereof or any device 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 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.
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including but not limited to garbage, refuse,
industrial and commercial waste, sludges from air or water pollution
control facilities or water supply treatment facilities, rubbish,
ashes, contained gaseous material, incinerator residue, demolition
and construction debris and offal.
An enclosed space used for the display and sale of merchandise,
or sale of service, to the general public.
The portion of a building which is between one floor level
and the next higher floor level or the roof.
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
of the floor-to-ceiling height of the story below.
A thoroughfare dedicated and accepted by a municipality for
public use or legally existing on any map of a subdivision filed in
the Oswego County Clerk's office.
The line dividing a lot from a street.
The width of the public way or the distance between property
lines on opposite sides of a street.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculating and/or controlled water supply.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation use. This term shall also include
pickup coaches, motor homes and camping trailers.
A building arranged for two dwelling units. See "dwelling
unit."
The purpose for which any buildings, other structures or
land may be arranged, designed, intended, maintained or occupied or
any occupation, business activity or operation conducted (or intended
to be conducted) in a building or other structure or on land.
A structure used by a veterinarian as defined by New York
State Education Law § 6701, but does not include a kennel
not used in connection with the treatment of animals by such veterinarian.
The Village of Phoenix.
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.
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.
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.
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).
