Pursuant to the authority conferred by Article 7 of the Village
Law of the State of New York and for each of the purposes specified
therein, the Village Board of the Village of North Collins, County
of Erie and State of New York, has ordained and does hereby enact
the following chapter, regulating and restricting the location, size
and use of buildings and other structures and the use of land in the
Village of North Collins.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Village of North Collins."
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future, words in the singular number
include the plural and words in the plural number include the singular.
The word "person" includes a firm, partnership or corporation as well
as an individual. The word "used" shall be interpreted to include
the term "designed or intended to be used." The term "shall" is always
mandatory.
B.
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
BOARDINGHOUSE or ROOMING HOUSE
BUILDING COVERAGE
BUILDING HEIGHT
CAMPING GROUND
DWELLING
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FARM PRODUCTS STAND
FENCE
FILLING STATION
FLAMMABLE LIQUIDS
GARAGE, PRIVATE
GASOLINE SERVICE STATION
HOME OCCUPATION
HOTEL or LODGING HOUSE
JUNKYARD
KENNEL
LOT
LOT AREA
LOT LINES
LOT WIDTH
MIGRATORY LABOR CAMP or LABOR CAMP
MOBILE HOME
MOBILE HOME COURT OR PARK
MOTEL
NONCONFORMING USE
NONRESIDENCE DISTRICT
NURSERY SCHOOL
NURSING HOME or CONVALESCENT HOME
OFF-STREET LOADING SPACE
OFF-STREET PARKING SPACE
PERSONAL SERVICE ESTABLISHMENT
PROFESSIONAL OFFICE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
RESIDENCE DISTRICT
SEASONAL BASIS
SETBACK
SIGN
STORY
STRUCTURAL ALTERATIONS
STRUCTURE
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. For purposes of this chapter, certain terms are herewith
defined:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an "accessory
building" is attached to the main building in a substantial manner,
as by a wall or roof, such "accessory building" shall be considered
part of the main building for yard determination.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
The furnishing of meals and/or living accommodations for
five or more persons on a weekly or longer time basis, for compensation.
The horizontal area of a lot covered by all buildings, measured
to the outside of walls.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A lot used for overnight or longer occupancy by campers,
tents or other movable or temporary dwelling or sleeping quarters
for human beings, but not including such occupancy when accessory
to a dwelling on the same lot and limited to seasonal use by members
of the immediate family residing in said dwelling.
A building used as the living quarters for one or more families,
but not including a boardinghouse or rooming house, hotel or lodging
house or motel.
A building or a group of buildings on one lot, containing
three or more dwelling units.
A dwelling containing one dwelling unit.
A dwelling containing two dwelling units.
A structure or part of a structure containing a room or rooms
designed for human occupancy by one family and including customary
kitchen facilities.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single housekeeping
unit or a group of not more than four persons not necessarily related
by blood or marriage.
A structure where products grown on the premises or elsewhere
by the operator of the "farm products stand" may be sold and purchased. [1]
A structure bounding an area of land, designed either to
limit access to the area or to screen such area from view, or both.
An area of land, including structures thereon, used for the
supply of motor vehicle fuels, lubricants, accessories and such service
as washing, polishing and minor repairs but not major repairs, collision
service or painting.
Liquids having a flash point below 200° F., closed cup
tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum
gas) are those having a flash point below 25° F. Class II flammable
liquids (e.g., alcohol, ethyl or methyl acetate) are those having
a flash point below 70° F. but not below 25° F.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises, including space for not more than one passenger vehicle
used by others.
A building and appurtenant facilities designed to serve motor
vehicles, not including vehicle painting or body work, with all repair
work conducted inside a building.
Any customary, incidental business operated from the dwelling
unit of the proprietor in a manner as to maintain the residential
character of the lot, without outside employees, identifying signs
or other evidence of business activity outside of the dwelling unit.
A building containing sleeping rooms for five or more persons,
which rooms are available to the public for less than a week at a
time for compensation, with no cooking or dining facilities except
a general kitchen and public dining room.
As defined in Chapter 107, Junkyards.
Any premises used or maintained for the keeping, sheltering,
care or raising of three or more dogs over four months of age.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use, and the customary accessories and open
spaces belonging to the same. A "lot" within the meaning of this chapter
may or may not be a lot as shown on a subdivision plat or assessment
record.
The net area contained within lot lines.
The property lines bounding the lot. The front lot line shall
be the right-of-way line of the street or highway giving access to
the lot. In the case of a corner lot, the owner may designate either
street lot line as the front lot line. The rear lot line shall be
the lot line most distant from the front lot line.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such lot or at a distance from the front lot line equal
to the required depth of front yard.
Any building, structure or trailer or group of buildings,
structures or trailers, erected, used or maintained for the housing
of migratory or transient laborers.
A transportable single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and inidental unpacking
and assembly operations and constructed so that it may be used without
a permanent foundation.[2]
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.[3]
A building or group of buildings used primarily as sleeping
or living quarters for transient automobile travelers and providing
for accessory off-street parking, but with no cooking facilities except
in a restaurant or caretaker's unit. The term includes auto courts,
cabin courts, motor lodges, tourist courts and similar appellations.
Lawful occupancy of a structure or land by a use that does
not conform to the regulations of the district in which it is situated.
Any district other than an R-1 One-Family Residence District,
R-2 One-Family Residence District, R-3 Two-Family Residence District
or RM Residential Mobile District.[4]
The use of a building or lot or part of a building or lot
for nursery or other care of more than five children under six years
of age not residing on the premises and conducted on a regularly scheduled
basis.
The use of a building or part of a building for nursing care
of two or more persons not related to the operator by family ties,
and for compensation.
An unobstructed area having access to a street, suitable
for the loading or unloading of motor transport vehicles, with minimum
dimensions of 12 feet in height, eight feet in width and 30 feet in
depth.
An unobstructed area having access to a street, suitable
for the parking of passenger motor vehicles, with minimum dimensions
of eight feet in width and 20 feet in depth.
An office, store or other place of business catering to the
personal needs of a customer, such as normally conducted by a barber,
beautician, tailor or dressmaker.
When operated as a permitted accessory use in a residence
district, a room or rooms on the same lot as the residence of a professional
doctor, dentist, engineer, architect or other recognized professional
and used as a place of business for such profession in a manner clearly
accessory to the dwelling use of the lot.
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or small pickup truck,
of such size and weight as not to require any special highway movement
permits and primarily designed or constructed to provide temporary
movable living quarters for recreational, camping or travel use or
to carry such equipment, but not for profit or commercial use. Included
as "recreational vehicles," but not to the exclusion of any other
types not mentioned in this definition, are trailers; trailer coaches;
camping trailers; motor homes; pickup (slide-in) campers; chassis
mounts; converted vans; chopped vans; mini-motor homes; fifth-wheel
trailers of recreational vehicle construction, design and intent (as
opposed to commercial fifth-wheel trailers); boat trailers, with or
without boats mounted thereon; snowmobile trailers, with or without
snowmobiles mounted thereon; and truck caps.
TRAILERS, TRAILER COACHES and FIFTH-WHEEL TRAILERSRecreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup or panel trucks and similar motor vehicles, but not including truck tractors of any type.
CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
PICKUP (SLIDE-IN) CAMPERS and TRUCK CAPSRecreational structures designed to be mounted temporarily or permanently in the beds of light trucks, with the trucks having either single or double rear wheels and with or without an assisting extra tag axle and wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be readily demounted from the truck beds. When removed from their respective truck beds, "pickup (slide-in) campers" and "truck caps" are called "unmounted campers."
CHASSIS MOUNTS, MOTOR HOMES and MINI-MOTOR HOMES- Recreational structures constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom. The truck or motor-van chassis may have single or double rear wheels.
CONVERTED AND CHOPPED VANSRecreational structures which are created by altering or changing an existing auto van to make it into a recreational vehicle meeting the requirements in the definition of "chassis mounts, motor homes and mini-motor homes" above. [5]
BOAT OR SNOWMOBILE TRAILERA vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, pickup truck or mobile recreational vehicle as above defined. When removed from the trailer, a boat or snowmobile, for purposes of this chapter, is termed an "unmounted boat or snowmobile."
An R-1 One-Family Residence District, R-2 One-Family Residence
District, R-3 Two-Family Residence District or RM Residential Mobile
District. [6]
Conducting of a use for a period not exceeding eight months
in any calendar year.
The least horizontal distance from any building to the nearest
street or highway right-of-way.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting or posting or placing any printed, lettered,
pictured, figured or colored material on any structure or surface,
but not including signs placed or erected by the Village of North
Collins, the County of Erie or the State of New York for the purpose
of showing street names, traffic directions or regulations or for
other public purposes.
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is no floor
above it, then the space between any floor and ceiling next above
it. A basement shall be counted as a "story" for purposes of height
measurement, if the ceiling is more than five feet above the average
adjoining ground level or if used for business or dwelling purposes.
A half-story is a story under a sloping roof, having a ceiling height
of seven feet or more for not exceeding 1/2 the floor area of the
uppermost full story in the building.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams, girders, foundations
or foundation components. [7]
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
An open space extending the full width of the lot between
a main building and front lot line (the nearest street right-of-way
line), unoccupied and unobstructed by buildings or structures from
the ground upward, the depth of which shall be the least distance
between the front lot line (the nearest street right-of-way line)
and the front of such building. In cases where a lot is construed
to include 1/2 of the abutting street, the front yard depths herein
required may be measured from the center of the street right-of-way,
provided that 1/2 the street width is added to such required front
yard depth.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as hereinafter
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
An open space extending from the front yard to the rear yard
between a main building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as hereinafter
specified. The required width of a "side yard" shall be measured horizontally
from the nearest point in the side lot line to the nearest building.
