Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
the chapter. Words used in the present tense include the future; the
singular number shall include the plural, and the plural the singular;
the word "structure” shall include the word "building"; the
word "used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rented," "leased," or "intended to be used"; and the
word "shall" is mandatory and not optional.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where minor repair
service is rendered.
[Amended 10-12-2004 by L.L. No. 3-2004]
A single-family owner-occupied dwelling where overnight lodging, with or without the service of meals, is offered to transient guests for compensation. This term includes hotels and tourist homes but does not include hotels, motor lodges, tourist cabins or similar terms. Bed-and-breakfasts which meet the terms of this definition, and are located in commercial zones, shall be subject to the requirements of § 265-46.
[Added 5-13-1997 by L.L. No. 5-1997]
A structure used for display or which directs attention to
a business, commodity, service or entertainment generally conducted,
sold or offered elsewhere than upon the same lot where the billboard
is located.
[Added 10-12-2004 by L.L. No. 3-2004]
The Zoning Board of Appeals of the Village of Holley.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks, and similar projections.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district any dwelling
shall be deemed to be a principal building on the district lot on
which the same is located.
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
[Added 10-12-2004 by L.L. No. 3-2004]
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
That percentage of the plot or land area covered by the building
area.
[1]Includes the following:
[Added 10-12-2004 by L.L. No. 3-2004]
BUSINESS DEVELOPMENT SIGNAny sign located at the entrance to a commercial development that identifies the development name and/or individual businesses located in that development.
REAL ESTATE DEVELOPMENT SIGNA real estate sign used to advertise the sale or lease of building lots or buildings, part of a subdivision, or other real estate development and located within the boundaries of such subdivision or development.
Any sign identifying two or more persons, agencies or establishments
located in a location or place common to all.
[Added 10-12-2004 by L.L. No. 3-2004]
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home or trailer.
One or more rooms, including cooking facilities, and sanitary
facilities in a dwelling structure, designed as a unit for occupancy
by not more than one family for living and sleeping purposes.
A use which is located entirely within a structure.
The erection, construction, alteration or maintenance by
public utilities or Village or other governmental agencies of underground
or overhead gas, electrical, or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or Village or other governmental agencies or for
the public health or safety or general welfare, but not including
buildings.
One or more persons occupying the premises and living as
a single nonprofit housekeeping unit.
[Added 10-12-2004 by L.L. No. 3-2004]
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
[Added 10-12-2004 by L.L. No. 3-2004]
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a gasoline service station.
[Added 10-12-2004 by L.L. No. 3-2004]
An accessory use conducted within a single-family, occupied
dwelling or an attached or detached accessory structure for gainful
employment involving the small-scale manufacture, provision, or sale
of goods and services principally on the premises. This shall not
include the wholesale purchasing and subsequent retail sales of foods,
goods and merchandise. Such accessory use shall be clearly incidental
and subordinate to the dwelling's primary residential use.
[Added 10-12-2004 by L.L. No. 4-2004]
An accessory use conducted within a single family, occupied
dwelling or an attached structure for gainful employment involving
performance of services and production of goods which are primarily
provided or sold away from the premises. Such accessory use shall
be clearly incidental and subordinate to the dwellings primary use.
[Added 10-12-2004 by L.L. No. 4-2004]
A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed or
which attracts attention to a commodity sold or displayed upon the
lot or premises.
[Added 10-12-2004 by L.L. No. 3-2004]
A sign used by a hospital, library, museum or school (public
or private) to convey information to the public regarding such institution
or its premises.
[Added 10-12-2004 by L.L. No. 3-2004]
[Added 10-12-2004 by L.L. No. 3-2004]
Any manufactured good, appliance, fixture, furniture,
machinery, motor vehicle, recreational vehicle, trailer or similar
object which is abandoned, demolished, discarded, dismantled or so
worn, deteriorated or in such a condition as to be generally unusable
in its existing state. This definition shall include but shall not
be limited to scrap metal, scrap material, waste bottles, cans, paper,
rubble, boxes, crates, rags, used construction materials, motor vehicle
parts and used tires.
The outdoor storage or deposit of any of the
following shall constitute junk:
Two or more junk motor vehicles.
One or more junk mobile homes.
Two or more abandoned or inoperable appliances,
including but not limited to washers, dryers, dishwashers, stoves,
refrigerators, freezers and televisions.
Two or more abandoned or irreparably damaged
pieces of indoor furniture, including but not limited to sofas, lounge
chairs, mattresses, bed frames, desks, tables, chairs and chests of
drawers.
Any combination of the above or parts of the
above that total two or more items.
An area of land, with or without buildings, primarily used
for the storage outside of a completely enclosed building, of used
and discarded materials, including but not limited to waste paper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, including junk as defined in this article, with
or without the dismantling, processing, salvage, sale or other use
or disposition of the same. The deposit or storage of two or more
wrecked or broken motor vehicles for a period of two months or longer,
or the major parts of two or more such vehicles, shall be deemed to
make the lot a junkyard.
The machining, assembly and finishing of conveyors and related
material handling equipment, and the wholesale and retail sales of
stockroom items for conveyors and related material handling equipment.
[Added 10-23-1979 by L.L. No. 1-1979]
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny 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 LINE, STREETA lot line separating the lot from a street.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
Any district lot where the owner (owners) of said lot does
not own any adjoining property, the subdivision of which would create
one or more conforming lots, which does not conform with the minimum
width, depth and area dimensions specified for the district in which
said lot is located.
Any lot which individually or as part of a subdivision has
been recorded in the office of the county recorder of deeds.
A transportable single-family dwelling, which may be towed
on its own running gear, and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes
and which conforms with American Standards Association Code Provision
A-119 of 1963, "American Standard for Installation in Mobile Homes
of Electrical, Heating and Plumbing Systems," or Mobile Home Manufacturers
Association "Mobile Home Standards for Plumbing, Heating and Electrical
Systems."
A parcel of land under single ownership which has been planned
for the placement of mobile homes, appurtenant structures or additions.
A nonelectric sign identifying only the name and occupation
or profession of the occupant of premises on which the sign is located.
If any premises includes more than one occupant, "nameplate" refers
to all names and occupations or professions as well as the name of
the building and directional information.
[Added 10-12-2004 by L.L. No. 3-2004]
A project comprising two or more buildings designed to be
maintained and/or operated as a single unit in a single ownership
or control by an individual, partnership, corporation or cooperative
group, which has certain facilities in common, such as yards, and
open spaces, recreation areas, garage and parking areas.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
[Added 10-12-2004 by L.L. No. 3-2004]
A name, identification, description, display, or illustration
or any other visual display which is affixed to, or painted, or represented
directly or indirectly upon a building, structure or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization, or business. However, a sign shall
not include any display of official court or public office notices
nor any official traffic control device nor shall it include the flag,
emblem or insignia of a nation, state, county, municipality, school
or religious group.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
on the premises where the sign is located.
A use which because of its unique characteristics requires
individual consideration in each case by the Zoning Board of Appeals
and the Planning Board, before it may be permitted in the district
enumerated in this chapter.
An authorization of a particular land use which is permitted
in this chapter, subject to requirements imposed by this chapter to
assure that the proposed use is in harmony with this chapter and will
not adversely affect the neighborhood if such requirements are met.
[Added 10-12-2004 by L.L. No. 3-2004]
Anything constructed, the use of which requires permanent
location on the ground, or attachment to something having permanent
location on the ground, including stationary and portable carports.
Any body of water or receptacle of water having a depth at
any point greater than 24 inches, used or intended to be used for
swimming or bathing, and constructed, installed or maintained either
above, below or partly above and partly below ground level, except
that a natural body of water such as a lake, quarry or creek shall
not be considered a swimming pool for the purposes of this chapter.
[Added 10-12-2004 by L.L. No. 3-2004]
Any equipment commercially used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communication services, radio and television broadcast communications
services, and is regulated by the Federal Communications Commission,
both in accordance with the Telecommunications Act of 1996 and other
federal laws. A telecommunications facility shall include a monopole,
guyed or latticework tower(s), as well as antenna(s), switching stations,
principal and accessory telecommunications equipment and supporting
masts, wires, structures and buildings. "Commercially used" shall
mean the use of any such facilities for pecuniary benefit, regardless
of whether the owner, lessor, or provider thereof is a not-for-profit
corporation or religious institution.
[Added 3-11-1997 by L.L. No. 2-1997]
Any open space, which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
YARD, FRONTAn open space, which lies between the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
The Board of Appeals of the Village of Holley.
[1]
Editor's Note: The former definition of "customary
home occupation," which immediately followed, was repealed 10-12-2004
by L.L. No. 4-2004.
