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  Supplimentary Regulations (300-303) | Back to Zoning Codes | PDF File
Article 3: Supplementary Regulations
  1. 300.00 Non-Conformance
  2. 301.00 Prohibited Uses
  3. 302.00 Uses Requiring Special Permits
  4. 303.00 Conditional Uses
Sections 304-307 →

Section 300.00 Non-conformance
  1. Continuance
    1. The lawful use of land or buildings existing at the date of adoption of this local law which does not conform to the regulations specified by this local law for the district in which the land or building is located may continue provided that:
      1. No nonconforming lot shall be further reduced in size.
      2. No nonconforming building or use shall be enlarged, extended, or increased unless such enlargement reduces the degree of non-conformance.
    2. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification or whenever the text of this local law shall be changed with respect to the uses permitted in a district, the foregoing provisions shall apply to any nonconforming use therein.
  2. Discontinuance
    In any district, whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof has been discontinued for a period of six (6) months, the nonconforming use shall not thereafter be reestablished, and all fixture uses shall be in conformity with the provisions of this local law. Discontinuance of nonconforming use for a period of six (6) months is construed to be an abandonment of the nonconforming use, regardless of any intent not to abandon or to resume active operation. If abandonment is evident by the removal of buildings, structures, machinery, equipment, or other evidences of the nonconforming use of the land and premises, the abandonment shall be considered to be completed and all rights to reestablish such nonconforming use shall terminate.
  3. Nonconforming Buildings
    1. No building damaged by fire or other cause to the extent of more than seventy-five (75) percent of its true value shall be repaired or rebuilt except in conformity with the regulations of this local law.
    2. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty (50) percent of the true value of the building unless the building is changed to conform to the requirements of this local law.
    3. Unsafe structures, or any structure or portion of that structure declared unsafe by a proper authority, but not ordered to be demolished, may be restored to a safe condition.
    4. Any building which is nonconforming according to the regulations in the Schedule of this local law may be, altered or changed within the existing frame of the said building, but any additions shall conform to the regulations in the Schedule of this local law.
  4. Nonconforming Uses
    1. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this local law shall not be deemed the extension of such nonconforming use.
    2. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of more restrictive classification; if changed, such use may not revert to a less restrictive classification.
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Section 301.00 Prohibited Uses

The following uses are prohibited within the Village of Alfred:
  1. All uses of land, buildings, and structures and all industrial processes that may be injurious to health by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, or similar conditions or substances, except where they are permitted subject to the securing of a permit which incurs conditions, restrictions and safeguards deemed necessary to protect the health, safety, or general welfare of the community.
  2. Manufacture of explosives.
  3. Manufacture of poisonous gases.
  4. All types of illumination which interfere with the vision of motor vehicle operators or which shine directly on residential property in any R district.
  5. Illumination which flashes, moves or simulates movement.
  6. Any temporary building or structure in any R District except those structures incidental to permitted construction projects. Any temporary building so used must be removed within thirty (30) days after the construction project is completed.
  7. Access to or from any R-3 District through any private land in any R-1 or R-2 District.
  8. Dumping or accumulation of garbage, junk or refuse.
  9. Fences or walls, other than walls of a building, which obstruct the vision of motor vehicle operators.
  10. Storage in a front yard of any vehicle (land, air) that is not currently registered, does not have valid inspection sticker or would be in violation of a motor vehicle/traffic law if operated on a public street for a period of more than fifteen (15) days in any consecutive three month period.
  11. Junk yards for the storage of vehicles, trucks, machinery, and parts.
  12. All billboards, signboards or off-promise advertising signs or devices not expressly related to the business conducted on the premises or otherwise specifically permitted by this local law.
  13. No wind towers or energy creating devices attached to a tower are permitted.
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Section 302.00 Uses Requiring Special Permits
  1. Fencing Requirements
    Before any fence greater than four (4) feet in height, whether temporary or permanent in nature, shall be erected within the Village, both a Zoning Compliance Permit and a Special Permit shall be obtained. The request for a Special Permit shall be accompanied by a site plan which shows the height and location of the proposed fence in relation to all other structures and buildings on the adjoining properties, and in relation to all adjoining streets, lot lines and yards.
  2. Swimming Pool Requirements
    1. Private swimming pools may be installed in residential districts for the private use of the owners or occupants of a dwelling and their families and guests. Both a Zoning Compliance Permit and a Swimming Pool Permit shall be obtained prior to installation, as provided in sections 401.00 A and F.
    2. For all required permits to be issued, the swimming pool must meet the following conditions and requirements:
      1. The pool is installed in the rear yard of the premises and is not located closer than ten (10) ft to any lot line of the property.
      2. When enclosed within a structure attached to the principal structure, the swimming pool shall be a part of the principal structure and shall comply with the requirements for a principal structure.
      3. The swimming pool, open or enclosed and not attached to the principal structure, shall be considered an accessory structure and shall comply with the requirements for an accessory structure. All facilities and fencing serving the swimming pool shall be considered a part of it.
      4. A fence at least six (6) feet in height but not over ten (10) feet in height shall be erected and maintained enclosing the entire portion of the premises upon which the pool shall be installed and entirely surrounding the area in which the pool is located. No fences for the pool area may extend beyond the rear building lines or the setback lines of the subjects property or of the adjoining property.
      5. Every gate or other opening in the fence enclosing the pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at the pool.
      6. If the water for the pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
      7. If the water for the pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.
      8. There shall be sufficient source of water supply to accommodate the pool without detriment to normal water consumption requirements and there shall be proper and adequate water supply connections.
      9. The proposed drainage of the pool shall be adequate and shall not interfere with the existing sewage and drainage facilities or with the property of others or with public streets.
      10. If the pool is abandoned, the owner shall arrange to remove the depression and return the surface of the ground to the original grade and to approximately the same condition as before the pool was constructed.
  3. Cluster Residential Development Requirements
    Cluster Residential Developments of one-family dwellings are permitted with a Special Use Permit in any R District provided that:
    1. The lot area difference between the minimum lot size shown on the Schedule and the minimum lot size permitted in a Cluster Development shall be set aside as open space
    2. The developer shall show all lands not subdivided as permanent open space. In no case shall such lands be less than twenty-five (25) percent of the total project area. All such land shall be suitable, in the opinion of the Planning Board, for the intended use.
    3. The developer shall have received from the Planning Board prior to application for a Special Use Permit, conditional approval of the proposed design and arrangement of streets, lots, open spaces and other project elements.
    4. The requirements of this local law, including those pertaining to density, minimum lot area and widths, minimum side and rear side yard areas, and maximum lot coverage areas as specified in the Schedule of this local law, shall apply to all Cluster Developments.
  4. Home Occupation Requirements
    1. Purpose -- The provisions of this section are intended to accommodate limited home occupational uses that are beneficial to the general community as well as home residents. However, the priority concern is that Home Occupations be compatible with the peace and quiet of the Village of Alfred and that such uses be subordinate to the right of surrounding residents to enjoy the use of their property for residential purposes.
    2. Permits Required:
      1. Home Occupations shall be of two types: Minor and Major.
        1. A Minor Home Occupation may be conducted without a permit or specific approval, subject to the standards set forth herein.
        2. A Major Home Occupation may be conducted only after approval of an application for a Special Use Permit. The Planning Board may grant a Special Use Permit for a Major Home Occupation if it is determined that:
          1. Such application conforms to the standards and provisions for Major Home Occupations as set forth in this Section; and
          2. Such application is evaluated by the Planning Board and presented in a public hearing according to procedures set forth in Article 6: Site Development Plan Review; and
          3. Such Home Occupation will not cause a significant adverse impact on the residential character of the premises or neighborhood.
      2. Special Use Permits for Major Home Occupations shall be valid for a twenty-four (24) month period from the date of issuance and shall be renewed bi-annually subject to a thirty (30)-day grace period.
      3. The Special Use Permit shall expire when the Home Occupation changes or the property is sold.
      4. Special Use Permits for Major Home Occupations may be renewed only following an on-site inspection by the Code Enforcement Officer, who shall determine that all conditions of the original Special Use Permit are being adhered to. Any proposed changes in the operation of the Home Occupation shall require application for a new Special Use Permit.
    3. Violations -- If the Code Enforcement Officer determines that the operation of a Minor or Major Home Occupation is in violation of any provision of this Section or of the Special Use Permit, the Special Use Permit for such activity shall be suspended or revoked and the Home Occupation shall cease upon such ruling.
    4. General Standards for Home Occupation -- The following regulations shall apply to all Home Occupations and shall be considered by the Planning Board in its determination whether to issue a Special Use Permit:
      1. New construction or exterior modification of a dwelling unit for the accommodation of a Home Occupation shall be permitted in strict accordance with the intent of this law.
      2. One or more existing accessory structures may be used for a Home Occupation provided that the use does not change the residential character of the area.
      3. New construction or exterior modification of existing accessory buildings for the accommodation of a Home Occupation shall be permitted in strict accordance with the intent of this law.
      4. There shall be no outdoor storage or display of stock-in-trade, materials or equipment used in a Home Occupation.
      5. No activity shall be allowed that interferes with data, audio or visual transmission or reception or that causes fluctuations in line voltage outside the dwelling unit or accessory building.
      6. No offensive noise, vibration, smoke, dust, odors, heat, light or glare shall be produced by the Home Occupation.
      7. In the event that the Home Occupation involves music or dance instruction, such use shall be permitted only in a detached, one-family dwelling or an accessory building.
      8. The sale of produce and consumer goods shall be prohibited except for the sale of products or goods produced or fabricated on the premises as a result of the Home Occupation. However, incidental sales to clients, or mail or telephone sales to off-site customers, may be made in connection with a Home Occupation. Retail establishments, such as stores with an inventory of goods regularly offered for sale, are not to be considered Home Occupations.
      9. The presence of clients on the premises shall be restricted to the hours of 8 AM through 9 PM.
      10. For purposes of the Home Occupation Law, all members of the same family shall be considered one client.
      11. The applicant must show that the Home Occupation will not change the character of the neighborhood in which it is located.
    5. Standards for Minor Home Occupations:
      The following regulations shall apply to all Minor Home Occupations:
      1. A Minor Home Occupation may be conducted within a dwelling unit, one or more accessory buildings, or a combination of these structures.
      2. A Minor Home Occupation shall be conducted entirely within completely enclosed buildings.
      3. More than one Home Occupation may be permitted per dwelling unit. However, every Home Occupation conducted within a single dwelling unit must conform to the standards set forth in this Section, and the combined impacts of multiple Home Occupations conducted at the same time on the same premises must be within the standards described herein.
      4. Only persons residing on the premises shall be employed in a Minor Home Occupation.
      5. A Minor Home Occupation shall be incidental to the use of the dwelling unit and its lot for residential purposes.
      6. An accessory building used for a Minor Home Occupation may be dedicated in its entirety to this use.
      7. There shall be no advertising, display, signs or other indications of a Minor Home Occupation on the premises.
      8. A Minor Home Occupation shall not generate the need for additional parking.
    6. Permitted Minor Home Occupations:
      Permitted Minor Home Occupations include, but are not limited to, the following:
      1. Private office for professional and other consulting services such as: an accountant; architect; interior designer; landscape architect, draftsman or landscaper; broker or financial planner; computer programmer or word processor; engineer; graphic designer; land surveyor; lawyer; therapist or other health care professionals; insurance agent: clergy member: traveling salesperson or manufacturer's representative. All meetings with clients shall be by appointment only, and only one client shall be on the premises at any given time.
      2. Workshop or studio for an artist, artisan, photographer, writer, composer, dressmaker or tailor.
      3. Instruction or tutoring to no more than one (1) pupil at a time.
      4. Small appliance, television and computer repair.
      5. Contracting tradespersons such as a carpenter, electrician or plumber.
      6. Childcare of up to three (3) children, in addition to the immediate family members, provided that all county, state and federal requirements ` are satisfied.
      7. A beauty parlor or barbershop with no more than one (1) chair.
      8. Other similar uses as classified by the Zoning Board of Appeals pursuant to paragraph 11 of this Home Occupation Law.
    7. Prohibited Minor Home Occupations:
      1. All uses prohibited as Major Home Occupations.
      2. Medical or dental offices.
      3. Other similar uses as classified by the Zoning Board of Appeals pursuant to paragraph 11 of this Home Occupation Law.
    8. Standards for Major Home Occupations:
      The following regulations shall apply to all Major Home Occupations:
      1. A Major Home Occupation may be conducted within a dwelling unit, one or more accessory buildings, or a combination of these structures.
      2. A Major Home Occupation shall be conducted entirely within completely enclosed buildings.
      3. Only one Major Home Occupation may be permitted per lot.
      4. No more than one (1) worker, in addition to the inhabitants of the lot, shall be on the premises at one time to conduct the Major Home Occupation.
      5. A Major Home Occupation shall be incidental to the use of the dwelling unit and its lot for residential purposes.
      6. An accessory building used for a Major Home Occupation may be dedicated in its entirety to this use.
      7. No more than one third (1/3) of the floor area of the dwelling shall be devoted to a Major Home Occupation. This floor area requirement refers only to heated and habitable rooms within the dwelling unit.
      8. There shall be no outside evidence of the Home Occupation, except that one (1) unanimated, non-illuminated, freestanding, suspended or window sign having an area of not more than two (2) square feet shall be permitted on the street front of the lot on which the building is located. A Sign Permit is required.
      9. In neighborhoods without designated on-street parking, off-street parking shall be provided to accommodate any non-resident employee of a Home Occupation. If the Home Occupation has visiting clients or customers, two (2) off-street parking spaces in addition to those existing for residents are required. Parking of clients, customers, employees or delivery vehicles in connection with a Home Occupation shall produce no negative impacts upon the surrounding neighborhood.
      10. Instruction or tutoring to not more than five (5) pupils at any one time.
      11. Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.
    9. Permitted Major Home Occupations:
      Permitted Major Home Occupations include, but are not limited to, the following:
      1. Any use allowed as a Minor Home Occupation.
      2. Medical or dental office.
      3. Real estate office.
      4. A beauty parlor or barbershop with no more than two (2) chairs.
      5. Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.
    10. Prohibited Major Home Occupations:
      1. Antique, furniture or gift shops.
      2. Kennels or animal hospitals.
      3. Funeral homes or mortuaries.
      4. Restaurants, bars and taverns.
      5. Tow truck service or storage of towed vehicles.
      6. Heavy construction contracting involving the parking of earth-moving and special purpose vehicles on the premises.
      7. Ambulance service.
      8. Welding shop.
      9. Small engine repair.
      10. Sale, servicing, painting, repair, rebuilding, reconditioning or storage of automotive vehicles, automotive parts, trailers, motorcycles, snowmobiles, or boats, including upholstery, detailing, and washing services.
      11. The storage or sale of gasoline, oil or other fuel.
      12. Storage in dwellings, accessory buildings or mobile storage units.
      13. Other similar uses as classified by the Planning Board pursuant to paragraph 11 of this Home Occupation Law.
    11. Classification of Unlisted Uses:
      Where an actual or proposed Home Occupation use is not listed in this Law, the Code Enforcement Officer shall request a determination of the classification of such an unlisted use. Requests for such a determination shall be made in writing to the Planning Board, which shall determine whether the proposed use is allowable as a Home Occupation and whether such allowable use is major or minor in nature.
  5. Low Density Business Requirements
    A Low Density Business is permitted in an R-3 District provided that:
    1. The applicant must be the owner of the building and the operator of the business to qualify as a Low Density Business.
    2. No alterations shall be made that preclude readily returning the building to its original residential status.
    3. There shall be no parking requirements for a Low Density Business.
    4. No more than three (3) persons on the premises shall be engaged in the operation of the business at any one time.
    5. A Low Density Business and a residential use shall not be allowed in the same dwelling unit.
    6. The following shall not be considered a Low Density Business:
      1. Social Clubs
      2. Restaurants
      3. Bars
      4. Live entertainment, recorded entertainment, or entertainment machines.
      5. Retail sale of food or beverage.
      6. Any use which adversely changes the character of the neighborhood, including but not limited to an increase in noise, traffic, or trash accumulation and dumpsters.
    7. Only one Low Density Business will be allowed per building or property.
    8. Business hours will be restricted to between the hours of 7 AM and 9 PM
    9. All signs will conform to district law regulations.
  6. Tourist Home and Bed and Breakfast Requirements
    Tourist homes and bed and breakfasts are permitted with a Special Use Permit provided that:
    1. A Special Use Permit for a tourist home or bed and breakfast shall become void one (1) year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement is commenced.
    2. A Special Use Permit shall expire if the special use shall be discontinued for more than six (6) months.
    3. All existing tourist homes or bed and breakfasts existing on the date of adoption of this subsection shall procure Special Use Permits within three (3) months, or, in the event of failure to apply for or failure to be granted the Special Use Permit, shall cease to function as a tourist home or bed and breakfast after that three (3) month period.
    4. A Special Use Permit may be granted only where there is a resident property owner or resident manager authorized to undertake such repairs or maintenance as may be ordered by the Code Enforcement Officer. Such manager shall also be specifically authorized by the building owner to receive legal summonses pertaining to the building.
    5. A dwelling shall not be altered in a manner that would cause the premises to differ from its residential character by the use of colors, materials, constructions or lighting.
  7. Fraternity, Sorority, Chapter or Membership Association House Requirements
    Fraternities, sororities, and chapter or membership association houses located in the E-1 District or located as nonconforming uses in all other zoning districts are required to obtain a Special Use Permit with the following conditions:
    1. A Special Use Permit for a fraternity, sorority, chapter or membership association house shall become void one (1) year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration, or enlargement is commenced.
    2. A Special Use Permit for a fraternity, sorority, chapter or membership association house may be granted for a limited term of up to one (1) year and may be extended for additional periods by the issuing body. However, a Special Use Permit shall expire if the special use shall be discontinued for more than six (6) months.
    3. All fraternities, sororities, chapter or membership association houses existing on the date of adoption of this subsection shall procure a Special Use Permit within three (3) months or, in the event of failure to apply for or failure to be granted the Special Use Permit, shall cease to function as a fraternity, sorority, chapter or membership association house after that three (3) month period.
    4. The historic character of buildings over fifty (50) years old must be maintained.
    5. A Special Use Permit may be granted only where there is a resident owner or resident manager authorized to undertake such repairs or maintenance as may be ordered by the Code Enforcement Officer. Such manager shall also be specifically authorized by the building owner to receive legal summonses pertaining to the building.
  8. Large Dwelling Re-use Requirements
    It is the intent of this section to facilitate the creative re-use of the Village’s largest residential buildings. The Planning Board will issue a Large Dwelling Re-use Special Use Permit upon completion of both Board review, including Site Development Plan Review, and a public hearing. In its review process, the Board will seek to:
    1. Redirect uses toward greater conformity with the intention of the Village Zoning Laws, specifically the Zoning Districts, and the Village Comprehensive Plan.
    2. Prevent the demolition and degradation of old houses.
    3. Reduce the “boardinghouse atmosphere” of properties in residential neighborhoods
    4. Maintain the taxable status of properties or return properties to the tax rolls.
    5. Protect and improve the character of residential neighborhoods.
    6. Promote the rehabilitation and upkeep of properties.
    7. Encourage owner occupation.
    8. Encourage property development for the elderly and disabled.
    9. Return family occupancy to residential houses.
    10. Limit the maximum number of occupants in dwelling units to a number compatible with their neighborhood settings.
    11. Foster local business compatible with a residential location.
    The renovation and change of use of large dwellings are with a Special Use Permit subject to the following conditions:
    1. Criteria for qualification for permit:
      1. The building must be greater than or equal to four thousand (4,000) square feet in living area as of the date of the adoption of this subsection.
      2. The building must be greater than or equal to fifty (50) years in age.
      3. The building must be a structure originally designed, or subsequently renovated, for residential use.
    2. Criteria for the issuance of permit:
      1. The owner or prospective owner of the building must submit a written business plan to the Planning Board that includes: (1) intentions for use, (2) a floor plan, and (3) a site plan.
      2. A maximum of two (2) dwelling units is permitted in a building located in the R-1 District; a maximum of three (3) dwelling units is permitted in a building located in the R-2 district. Only one family is permitted in each dwelling unit (see definition of Family in Article 7).
      3. Commercial or business use requires a Home Occupation Special Use Permit.
      4. All future exterior alterations and additions will be subject to site development plan review.
      5. The historic character of the building must be maintained.
      6. Change of use will have minimum impact on environmental values of the Village and the building’s neighborhood setting.
      7. Change of use will produce minimum visual and noise impacts on local residents.
      8. Change of use will produce no negative effects on the property values of neighboring residences.
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Section 303.00 Conditional Uses

Multi-Family dwellings, fraternity houses, sorority houses, boarding houses, and rooming houses shall meet the following requirements:
  1. Each lot shall have at least twenty thousand (20,000) square feet of land area plus two thousand five hundred (2,500) square feet for each additional unit over three (3). Fraternity, sorority, and boarding houses shall have twenty thousand (20,000) square feet.
  2. Each lot shall have at least one hundred (100) feet of frontage on a public road plus ten (10) feet of additional frontage for each additional unit in excess of three (3) up to maximum frontage of one hundred fifty (150) feet.
  3. The building area on any lot shall not exceed thirty (30) percent of the lot area.
  4. No structure shall exceed thirty-five (35) feet in height above the average finished grade level.
  5. No principal building or parts of the same principal building shall be located within twenty-five (25) feet of any other building.
  6. No principal building or parking area shall be located within twenty-five (25) feet of any lot line or right-of-way line.
  7. No building shall contain more than eight (8) dwelling units.
  8. Each dwelling unit shall be provided with two (2) off-street parking spaces according to the requirements of Section 304.00.
  9. Each unit shall be provided with a rough storage area at least four (4) feet by five (5) feet in area and at least six (6) feet in height.
  10. If individual units do not have provisions for laundry machines, each building shall be equipped with at least one washer and one dryer.
  11. Driveways shall have at least twenty (20) feet width of durable surface. A ten (10) foot width of the entire length of the driveway shall be a clear passage and cannot be used as allowed parking.
  12. No internal dead-end driveway shall be more than two hundred (200) feet long and shall be provided at the end with a cul-de-sac of at lead forty (40) feet radius.
  13. Each side of all internal driveways faced by buildings shall be paralleled by a sidewalk at least three (3) feet wide which shall provide a continuous pedestrian access to the right-of-way.
  14. Garages or carports are permitted which conform to the requirements of this Section for accessory buildings and which do not exceed twelve (12) feet in height.
  15. All yard areas shall be grass seeded or sodded.
  16. Each apartment building shall be provided with trees and shrubs in such locations as will make an attractive development.
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