Village of
New York Mills
Oneida County, NY

PART II GENERAL LEGISLATION Chapter 200, ZONING, ARTICLE I, Title, Purpose and Definitions


200-1.  Title.


This chapter shall be known and may be cited as the "Village of New York Mills Zoning Ordinance." 


200-2.  Purposes.


The provisions of this chapter shall be held to be the minimum requirements adopted to promote the health, safety, and general welfare of this community. Such requirements are deemed necessary for the following purposes: 

A.  Promote orderly development. To protect the character and maintain the stability of residential, business, and manufacturing areas within the Village, and to promote the orderly and beneficial development of such areas. 

B.  Regulate intensity of use. To regulate the intensity of use of zoning lots, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy, and convenience of access to property, and to protect the public health. 

C.  Regulate location of buildings. To establish building lines and the location of buildings designed for residential, commercial, manufacturing, or other uses within such lines. 

D.  Establish standards of development. To fix reasonable standards to which buildings or structures shall conform. 

E.   Prohibit incompatible uses. To prohibit uses, buildings, or structures which are incompatible with the character of development or the permitted uses within specified zoning districts. 

F.   Regulate alterations of existing buildings. To regulate such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. 

G.  Limit congestion in streets. To limit congestion in the public streets and so protect the public health, safety, convenience, and general welfare by providing for off-street parking of automobiles and for the loading and unloading of commercial vehicles. 

H.  Protect against hazards. To provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and the general welfare. 

I.    Conserve taxable value of land. To conserve the taxable value of land and buildings throughout the Village.   


200-3.  Definitions. 


A.  Terms. For the purposes of this chapter certain terms or words used herein shall be interpreted as follows: 

(1)   Words used in the present tense shall include the future. The singular number includes the plural, and the plural, the singular. 

(2)   The word "lot" includes the word "plot" or "parcel." 

(3)   The word "building" includes the word "structure." 

(4)   The word "used" or "occupied" as applied to any land or building shall be construed to include the words "built, arranged, or designed to be used or occupied." 

(5)   The word "shall" is mandatory.   

B.  Words. As used in this chapter, the following terms shall have the meanings indicated: 

ACCESSORY BUILDING  -- A building subordinate to the principal building on a lot used for purposes customarily incidental to those of the principal building.  

ACCESSORY USE  -- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.  

ALLEY  -- A service way which affords a secondary public means of vehicular access to abutting property.  

ALTERATION (as applied to a building or structure)  -- A change or rearrangement in the structural parts, or in the entrance and 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.  

AUTO WASH  -- A building or portion thereof, the use of which is devoted to the washing of automobiles; including, but not limited to, one of the following types:  

(1)   Conveyor type. An auto wash facility where automobiles progress through the washing process pulled by an electrically operated chain conveyor, or by some means other than their own power.  

(2)   Drive-through type. An auto wash facility where automobiles are driven through the washing process under their own power.  

(3)   Self-service type. An auto wash facility where automobiles are washed by the drivers of the automobiles using machinery provided by the manager of the facility.    

BAKERY  -- A facility where breads or pastries are prepared and baked and which may be sold for wholesale or retail consumption and serving food to the public for consumption on the premises within the principal building. [Added 4-13-2004 by L.L. No. 1-2004]  

BANK  -- An institution in which the primary business is the holding, lending, transfer and/or investment of money. The term includes credit unions and savings and loan institutions. [Added 4-13-2004 by L.L. No. 1-2004]  

BASEMENT  -- A space of full story height partly below grade and having at least half of its clear floor-to-ceiling height above the average grade of the adjoining ground, and which is not designed or used primarily for year-round living accommodations.  

BED-AND-BREAKFAST  -- An owner-occupied one-unit dwelling with which is provided overnight accommodations for transient guests who stay up to five nights, and which includes the serving of breakfast, but no other meals to such guests. No cooking facilities are permitted in individual rooms, one bedroom and one full bathroom shall be provided for the owner-occupant, and one full bathroom shall be provided for every two guest sleeping rooms. [Added 6-10-2003 by L.L. No. 1-2003]  

BUILDING  -- Any roofed structure intended for the shelter, housing, or enclosure of persons, animals, or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.  

BUILDING AREA  -- The total ground floor area of a principal building and accessory buildings exclusive of uncovered porches, parapets, steps and terraces.  

BUILDING COVERAGE  -- That area of the lot or plot covered by a building.  

BUILDING, DETACHED  -- A building surrounded by open space on all sides on the same lot.  

BUILDING, FLOOR AREA  -- The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential occupancy and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.  

BUILDING, HEIGHT OF  -- 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 deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.  

BUILDING LINE  -- A line established by law or by agreement, usually parallel with a property line, beyond which a structure may not extend.  

BUILDING, PRINCIPAL  -- A building in which the main use of the lot is conducted.  

CELLAR  -- That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.  

DRIVE-IN RESTAURANT or REFRESHMENT STAND  -- Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages to persons in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.  

DRIVEWAY  -- A short private road leading from the street to a house, garage, or parking lot. [Added 9-12-2000 by L.L. No. 2-2000]  

DUMP  -- Any place or parcel of land used for disposal by burial, pickup, burning or any other means or for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.  

DWELLING, MULTIPLE-FAMILY  -- A building or group of buildings designed for year-round occupancy by more than two families, including apartment houses and group houses, but excluding hotels and rooming houses.  

DWELLING, ONE-FAMILY  -- A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by one family only.  

DWELLING, TOWNHOUSE  -- A building consisting of attached one-family dwelling units with a common wall between each two adjacent units.  

DWELLING, TWO-FAMILY  -- A detached building, other than trailer or other temporary structure, designed for exclusive year-round occupancy by two families living independently of each other.  

DWELLING UNIT  -- One or more rooms with provision for living, sanitary, and sleeping facilities arranged for the use of one or more persons living as a single housekeeping unit. A factory-finished living unit delivered to the owner's lot in sections and capable of complying with all applicable local and state building codes shall be deemed to be a dwelling unit.  

FAMILY  -- One or more persons related by blood, or marriage, or other recognized family relationship maintaining a common household.  

GARAGE, PRIVATE  -- A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.  

GARAGE, PUBLIC  -- A building or part thereof operated for gain and used for the storage, hiring, selling, greasing, washing, servicing, or repair of motor-driven vehicles.  

GARAGE, STORAGE  -- A building or part thereof used only for the storage of vehicles for gain, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.  

GASOLINE STATION  -- Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning, or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include "filling station" and "service station." [Amended 6-10-2003 by L.L. No. 1-2003]  

GROCERY STORE  -- A structure in which perishable and nonperishable food and related items are sold for retail consumption. [Added 4-13-2004 by L.L. No. 1-2004]  

HOME OCCUPATION  [Amended 4-13-1999 by L.L. No. 2-1999]  

(1)   Any use customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof which use is clearly incidental to the use of the dwelling as a place of residence and not more than 25% of the floor area of the dwelling unit is used in the conduct of the home occupation; and further provided that no article is sold or offered for sale except as may be produced by the immediate family residing therein, or is incidental to the service which is provided. In particular, a home occupation includes, but is not limited to, the following:  

(a)  Art or photographic studio, dressmaker or seamstress; teaching of musical instruments limited to one pupil at a time; barber or beauty shop and other similar occupations operated only by a resident of the premises and in which no nonresidents are employed or engaged.  

(b)  Professional office of a physician, dentist, lawyer, engineer, architect, and other similar professions in which not more than one nonresident is employed.    

(2)   A permit (no charge) shall be obtained from the Code Enforcement Officer to engage in a home occupation.  

(3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building.  

(4)   Traffic generated by such home occupation shall not be of greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be provided off the street, and not in a required front yard.  

(5)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.  

(6)   The home occupation is not transferable to a subsequent buyer of the property or to another home occupation in the same residence.  

(7)   The Code Enforcement Officer will revoke a permit if the applicant uses the property for a different use other than approved or violates a condition of approval.    

HOSPITAL  -- A building or structure for the diagnosis and medical or surgical care of human sickness or injuries, including facilities for the temporary housing of patients.  

HOSPITAL, ANIMAL  -- A building or structure for the diagnosis and medical or surgical care of sick or injured animals, including facilities for the temporary housing of such animals.  

HOTEL or MOTEL  -- A building or group of buildings where transient guests are lodged for hire, but excluding rooming houses.  


(1)   Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or for any other purpose.  

(2)   Such term shall include any place of storage or deposit for any such purpose of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes. Auto wrecking: The dismantling or disassembling of used motor vehicles or the storage, sale, salvaging or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. As used herein, the term "vehicle" shall mean passenger-type automobile, truck, tractor-truck, trailer, bus, motorcycle, snowmobile, or other vehicle, however propelled, as well as tractors, bulldozers, machinery and similar equipment.    

JUNKYARD, GENERAL  -- A lot, land or structure or part thereof, used for the collecting, storage, and sale of waste paper, rags, scrap metals, used or salvaged building materials, or other discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles, and for the sale of the parts thereof.  

LAUNDERETTE  -- A business premises equipped with individual clothes washing or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential hotel or club.  

LOT  -- A parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest; and including such open spaces as are required by this chapter, and having its principal frontage on a public street or an officially approved place.  

LOT, AREA OF  -- The total area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.  

LOT, CORNER  -- A lot located at the intersection of and fronting on two or more intersecting streets, and having an interior angle at the corner of intersection of less than 135.  

LOT DEPTH  -- The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.  

LOT, INTERIOR  -- A lot other than a corner lot.  

LOT LINES  -- The property lines bounding the lot.  

(1)   FRONT LOT LINE -- The lot line separating the lot from the street right-of-way.  

(2)   REAR LOT LINE -- The lot line opposite and most distant from the front lot line.  

(3)   SIDE LOT LINE -- Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.    

LOT, THROUGH  -- A lot having frontage on two approximately parallel, or converging, streets other than a corner lot.  

LOT, WIDTH  -- The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.  

MOBILE HOME  -- A factory-finished movable dwelling unit designed and built on frame and wheels to be towed on its own chassis to its destination; such unit to have been designed and installed in compliance with the State Code for the Construction and Installation of Mobile Homes and Standards, Rules and Regulations for Mobile Homes, effective January 15, 1974, and as it may be amended [as set forth in Volume 9 Executive (B) of the Official Compilation of Codes, Rules and Regulations of the State of New York]; and further, any such unit shall bear the required seal noting such compliance. A travel-trailer is not to be considered a mobile home. [Amended 2-9-1976 by L.L. No. 1-1976]  

MOBILE HOME COURT  -- A parcel of land which has been planned and improved for the placement of two or more mobile homes for nontransient use. The term shall include mobile home court, mobile home park or other area planned and/or improved for two or more mobile homes.  

NONCONFORMING BUILDING or USE  -- The use of a building or of land which was lawfully existing prior to the adoption, revision or amendment of this Zoning Chapter but which fails to conform to the use regulations for the district in which such use is located by reason of such adoption, revision or amendment,  

NONCONFORMING LOT  -- Any zone which was lawfully existing prior to the adoption, revision or amendment of this Zoning Chapter but which fails to conform with the minimum area and/or dimensions required in the district in which it is situated or with the characteristics normally required of lots in the district where located by reason of such adoption, revision or amendment. [Amended 6-10-2003 by L.L. No. 1-2003]  

NURSERY SCHOOL  -- Facilities for the daytime care or instruction of two or more children from two to five years inclusive, and operated on a regular basis.  

NURSING HOME  -- A proprietary facility, licensed or regulated by the State of New York for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing care and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the laws of the State of New York.  

OFFICE  -- A building used primarily for conducting the affairs of a business, profession, service, industry or government. [Added 4-13-2004 by L.L. No. 1-2004]  

PARKING SPACE  -- An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.  

PLANNED DEVELOPMENT DISTRICT  -- A tract of land in single ownership, or controlled by an individual, partnership, cooperative, or corporation designed or capable of being designed and used as a unit or group of related units and having certain facilities in common such as yards, open space, recreation areas, garages, or parking areas. A planned development district may be residential, commercial, industrial, recreational, or a combination of such uses.  

PROFESSIONAL OFFICE  -- A room or suite of rooms in which an individual or group of individuals operates a private professional practice, including but not limited to medical, osteopathic, dental, podiatric, chiropractic, optometric, legal, psychiatric, accounting, architectural and engineering. [Added 4-13-2004 by L.L. No. 1-2004]  

PUBLIC BUILDING OR USE  -- Any land, structure or combination thereof owned, used or controlled exclusively for public purposes by any department or branch of the Village, town, Oneida County, State of New York, or federal government without reference to the ownership of the building or structure and/or the land on which it is situated. [Added 4-13-2004 by L.L. No. 1-2004]  

RETAIL STORE  -- Any building where the primary occupation is the sale of merchandise in small quantities, not for resale. Retail sales establishments shall not be interpreted to include automobile-oriented uses, convenience stores and service establishments. [Added 4-13-2004 by L.L. No. 1-2004]  

SIGN  -- Any device affixed to, or painted, or represented directly or indirectly upon a building, structure, or land and which directs attention to an object, product, place, activity, person, institution, organization or business.  

SIGN, ADVERTISING  -- A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed and only incidentally on the premises, if at all.   

SIGN, BUSINESS  -- A sign which directs attention to a business or profession conducted, or a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed to be a business sign.  

SIGN, FLASHING  -- A "flashing sign" is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when such sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a flashing sign.  

SPECIAL EXCEPTION  -- A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in a certain zoning district as a special exception if specific provision for such special exceptions is made in this chapter.  

STORY  -- That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.  

STORY, HALF  -- That part of a building between a pitched roof and the uppermost full story, and having a floor area at least half as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.  

STREET  -- A public or private way which affords the principal means of access to abutting property.  

STRUCTURAL ALTERATION  -- Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.  

STRUCTURE  -- Anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.  

THEATRE, OUTDOOR  -- An open lot or part thereof, with its appurtenant structures and facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.  

TRAILER CAMP  -- An area occupied or designed for occupancy by two or more travel trailers.  

TRAVEL TRAILER  -- A mobile unit designed and built for camping, recreational travel, or vacation use which is equipped to provide portable housing, including temporary housekeeping facilities.  

YARD, FRONT  -- An open space extending across the principal street side of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main building or any projection thereof other than steps and unenclosed balconies, not extending more than eight feet from the front of the building, except as otherwise provided in this chapter.  

YARD, REAR  -- An open space extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof other than steps and unenclosed balconies not extending more than eight feet from the rear of the building, except as otherwise provided in this chapter. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.  

YARD, SIDE  -- An open space from the front yard to the rear yard between the building and the nearest side lot line unoccupied and unobstructed from the ground upward, except for steps and as otherwise specified in this chapter.