This chapter shall be known and may be cited as "The Town of
Collins, New York Zoning Law."
There is hereby established a comprehensive zoning plan for
the unincorporated area of the Town of Collins which plan is set forth
in the text and map that constitute this chapter. This plan is adopted
in accordance with §§ 261, 262 and 263 of the Town
Law in order to promote the public health, safety, morals, and the
general welfare of the Town; to provide adequate light, air, and convenience
of access; to prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor; to lessen congestion in the streets;
to secure safety from fire, flood, panic and other dangers; and to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
For the purpose of this chapter, certain terms or words herein
shall be interpreted or defined as follows:
A.Â
Generally.
(1)Â
When not inconsistent with the context, words used in the present
tense include the future tense, the singular number includes the plural
and the plural the singular.
(2)Â
The word "person" includes a corporation as well as an individual.
(3)Â
The word "lot" includes the word "plot" or "parcel."
(4)Â
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
(5)Â
The term "shall" is always mandatory.
B.Â
ACCESSORY BUILDING
ACCESSORY USE
ANIMAL HOSPITAL
BANK
BUILDING
BUILDING HEIGHT
(1)Â
(2)Â
(3)Â
BUILDING LINE
BUILDING, PRINCIPAL
BUSINESS OFFICE
COMMERCIAL RECREATIONAL ESTABLISHMENTS
CREDIT UNION
DWELLING
DWELLING UNIT
FAMILY
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
FARM
FARM STRUCTURE
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE SERVICE STATION
HOME OCCUPATION
HOTEL; MOTEL
KENNEL
LOT
(1)Â
(2)Â
LOT DEPTH
LOT LINES
LOT WIDTH
MOBILE HOME
MOTEL
MOTOR VEHICLE SALES, SERVICE OR REPAIR
NONCONFORMING USE OR BUILDING
PARKING SPACE
PERSONAL SERVICE SHOP
PROFESSIONAL OFFICE
RETAIL STORE
RIDING STABLE
SHOPPING CENTER or MALL
SIGN
STORAGE YARD
STREET
STREET GRADE
STREET LINE
STRUCTURE
TOURIST HOME
VOLATILE MATERIALS
WAREHOUSE
WHOLESALE BUSINESS
YARD
(1)Â
(2)Â
(3)Â
Specific terms. As used in this chapter, the following terms shall
have the meanings indicated:
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.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate in area, extent or purpose, the
principal lawful use or building.
A building or structure devoted to the medical care of animals
by licensed veterinarians.
A banking establishment licensed by either the state or federal
government to conduct banking activities and includes banking organizations
as defined in the Banking Law of the State of New York.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
such a structure is divided into separate parts by one or more unpierced
walls extending from the ground up, each such part shall be deemed
to be a separate building except as regards requirements for side
yards as hereinafter provided.
All measurements of building heights shall be made and determined
in the following manner:
If a curb level has been established on the street on which
the building faces and the mean natural level of the lot is lower
or not more than five feet higher than the mean front curb level,
the measurement shall be made from the curb level.
If the mean natural level of the lot is more than five feet
higher than the curb level or if there be no such established curb
level, or if the building sets back more than 50 feet from a street,
the measurement shall be made from the mean natural level of the lot
immediately adjacent to the building foundation.
All such measurements shall be made vertically upward to the
mean level of the main portions of the roof.
A line parallel to the street line, between which line and
the street line no building may be built.
A building or structure designed primarily to accommodate
a principal use, and including but not limited to commercial or other
structures without a roof, such as stadiums, factory components, commercial
radio, TV or microwave transmitting towers and similar structures.
The enclosed storage of vehicles within or integral to the principal
building (such as an attached garage) shall be considered part of
the principal building.
Includes commercial, professional, financial (excluding banks),
insurance, real estate, governmental, and utility service company
offices, and includes data processing, computer programming and similar
activities and centers.
Commercially operated sports arenas, bowling alleys, bathing
beaches, golf courses, handball courts, ice or roller skating rinks,
ski tows, shuffle-board, swimming pools, tennis courts, toboggan runs
and other sports adjuncts.
A cooperative association that uses money deposited by a
closed group of persons and lends it out again to persons in the same
group at favorable interest rates.
A building or portion thereof designed or used exclusively
as the residence or sleeping place of a family.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[1]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Any parcel of land which is used for the raising of agricultural
products, livestock, poultry and dairy products by a resident owner
or tenant as a primary source of income.
Any structure necessary to the operation of a farm and for
the storage of farm equipment, except dwellings, garages used for
the storage of non-farm vehicles, and roadside stands used for the
sale of products raised on the premises.
A detached 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 three passenger
vehicles used by others.
A structure or portion thereof, other than a private or community
garage, used for the storage, hire or repair of self-propelled vehicles
or trailers.
Any establishment supplying and selling gasoline or other
equivalent fuel direct to motor vehicles from a pump or pumps located
outside a building and on private property.
Any occupational use customarily conducted entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof. The conducting
of a clinic, hospital, barber shop, beauty parlor, tea room, tourist
home or any similar use shall not be deemed to be a home occupation.
A structure containing transient and/or permanent lodging
facilities for the general public and which generally contains facilities
incidental to such occupancy, such as restaurants, meeting rooms,
accessory retail business activities and related incidental activities
designed primarily to accommodate the occupants but open to the general
public. This term shall also include motels, inns and similar commercially
oriented transient lodging facilities, but exclude rooming and boarding
houses and tourist homes.
Any premises on which four or more dogs over four months
of age are kept.
A parcel of land for occupancy by a building or use and the
accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter and such open spaces
as are arranged and designed to be used in connection with such building.
A lot may be or may not be the land shown as a lot on a duly recorded
plot.
CORNER LOTA lot of which at least two adjacent sides abut for their full lengths upon streets.
INTERIOR LOTA lot other than a corner lot.
The mean horizontal distance between the front and rear lot
lines.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line the front lot line. The rear 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.
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same conveniences as immobile
housing with respect to water supply, light, heat, power, and waste
disposal. A mobile home is a portable unit designed and built to be
towed on its own chassis comprised of a frame and wheels, connected
to utilities, and designed without a permanent foundation for year-round
living. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity as well as two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. Mobile units can
be designed to be used for residential units; excluding, however,
travel trailers, motorized homes, pick-up coaches and camping trailers.
See "hotel; motel."
An establishment that stores and sells motor vehicles and
related equipment directly to customers and/or services and repairs
motor vehicles and related equipment, but expressly prohibits motor
vehicle dismantling except incidental to the repair of motor vehicles;
automobile parts recycling; the storage of abandoned unlicensed or
junked motor vehicles or parts of such motor vehicles.
A legally existing use of land, premises, building or structure,
existing at the time of the effective date of this chapter or any
subsequent amendment, which fails to comply with the regulations set
forth in this chapter applicable to the district in which such use
is located.[2]
An off-street space which is available for the parking of
one motor vehicle, has an area of not less than 200 square feet exclusive
of passageways and driveways giving access thereto, and which has
direct access to a street.
A business that primarily provides services of a personal
nature, including, but not limited to, barbering, cosmetology, hairdressing
and styling, photographic portrait studio, coin-operated laundries,
dry cleaning shops, and fitness centers (as distinguished from indoor
recreation). This term does not constitute nor include a retail store.
The office of accountants, architects, engineers, attorneys,
physicians, dentists and any other practitioners of the healing arts
recognized and licensed by the State of New York.
An activity designed for and primarily characterized by the
direct on-premises sale of goods and services within a building to
the ultimate consumer, generally involving stock-in-trade, such as,
but not limited to, clothing, appliances, household goods, furniture,
hardware, software, food, health aids and similar products. This terms
does not include restaurants; farm or motor vehicle sales, service
or repair; storage yards; outdoor retail sales, lumber yards or business
offices.[3]
The use of a lot, building, structure or lands for the pasturing,
stabling, grooming, training, exercising, working, raising, shoeing,
feeding, breeding, trail riding or riding of one or more horses, donkeys,
ponies or mules, including any activity utilizing horses, donkeys,
ponies or mules to haul wagons, sleds, buggies, carriages or similar
equipment. A private stable may be operated for hire or open to the
public.
A building or group of buildings containing a group of compatible
retail stores, restaurants, business and professional offices designed
and developed under unified control and providing common parking areas
and loading facilities.
Any structure or part thereof, attached thereto, or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious, or like organization,
on the property thereof.
All or part of a lot used for the storage of lumber, cut
or milled wood, masonry products, piping, building products, sand,
gravel or similar bulky products which do not require indoor storage.
Storage yard activity may involve wholesale and/or retail sale of
materials.
Any road, avenue, lane, alley or other way which has become
a public highway or an approved private right-of-way.
The elevation of a street as established by the Town.
The lot line of a street. (Do not confuse with the curbline).
Anything constructed or erected, which requires permanent
location on the ground or attachment to something having such location.
A single-family dwelling in which overnight sleeping accommodations
are provided for overnight transient paying guests.
Gasoline or any substance more vaporizable or more inflammable
than gasoline.
A facility for the storage of goods, wares, merchandise,
fruits, vegetables and other food products.
A commercial activity characterized by the sale of merchandise
in quantity to retail, manufacturing, institutional or other wholesale
establishments, including on-premises storage and distribution facilities,
but excluding bulk petroleum storage.
FRONTAn open space extending the full width of the lot between a main building and the front lot line unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and the front of a main building.
REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings 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.
SIDEAn 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. The required width of side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building. An interior side yard is any side yard not on the street side of a corner lot.
A.Â
Establishment of districts. The Town of Collins is hereby divided
into the following classes of zoning districts:
R
|
Residential
| |
R-A
|
Residential-Agricultural
| |
C
|
Commercial
| |
M
|
Manufacturing
| |
WPOD
|
Wellhead Protection Overlay District
|
B.Â
Zoning Map. The zoning districts are bounded and defined as shown
on a map entitled "Zoning Map of Town of Collins," and duly certified
by the Town Clerk, which map accompanies and, with all explanatory
matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
C.Â
Interpretation of district boundaries. Where uncertainty exists with
respect to the boundaries of any of the aforesaid districts, as shown
on the Zoning Map, the following rules shall apply:
(1)Â
Where district boundaries are indicated as approximately following
the center lines of streets, highways, streams or railroads such center
lines shall be construed to be such boundaries.
(2)Â
Where district boundaries are indicated so that they approximately
follow lot lines such lot lines shall be construed to be such boundaries.
(3)Â
Where district boundaries are so indicated that they are approximately
parallel to the center lines of streets or highways, such district
boundaries shall be construed as being parallel thereto. If no distance
is given, such dimension shall be determined by the use of the scale
shown on the Zoning Map.
(4)Â
In unsubdivided land or where a district boundary divides a plot
in single ownership, the location of such boundary, unless the same
is indicated by dimensions on the map, shall be determined by the
use of the scale shown on the Zoning Map.
A.Â
General application. Except for farm buildings or structures and
as hereinafter provided, no building, structure, or land shall hereafter
be used or occupied, and no building or structure, or parts thereof,
shall be erected, relocated, extended, enlarged, or altered except
in conformity with the permitted use, height, area, and off-street
parking regulations specified for the district in which it is located.
B.Â
Required lot area and yards cannot be reduced. No lot area shall
be reduced or diminished so that the yards or other open spaces thereon
shall be smaller than prescribed by this chapter, nor shall the density
of population be increased in any manner except in conformity with
area regulations herein established. If, at the time of adoption of
this chapter, or of any amendment thereof increasing the area or open
space requirements, the lot area or required open spaces are less
than the minimum required by this chapter, such area or open space
shall not be further reduced.
C.Â
Duplicate credit for yards not allowed. No yard provided on one lot
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard required on any other lot.
D.Â
Equivalent uses. In the case of a use which is not listed as a permitted
use in any district, the following procedure shall apply: The Code
Enforcement Officer shall refer the matter to the Town Planning Board
for an interpretation as to whether the proposed use is an equivalent
use to a permitted use in a particular district. The Planning Board
shall report its findings to the Town Board and, if these findings
are positive, make a recommendation that this chapter be amended to
list said equivalent use as a permitted use in the appropriate zoning
district. In no case shall a building permit be issued for an equivalent
use until this chapter has been amended to permit such equivalent
use in the appropriate zoning district.
E.Â
Interpretation, conflict with other laws. In their interpretation
and application, the provisions of this chapter shall be held to be
minimum requirements, adopted for the promotion of the public health,
morals, safety, or the general welfare. Whenever the requirements
of any other lawfully adopted laws, rules, regulations, or ordinances,
the most restrictive, or that imposing the higher standards, shall
govern.