A.Â
Except where specifically defined herein, all words in this chapter
shall carry their customary meanings. Words used in the present tense
include the future, and the plural includes the singular; the word
"lot" includes the word "plot"; the word "building" includes the word
"structure"; the word "shall" is intended to be mandatory; "occupied"
or "used" shall be considered as though followed by the words "or
intended, arranged or designed to be used or occupied."
B.Â
ACCESSORY APARTMENT
ACCESSORY STRUCTURE
ACCESSORY USE
AGRICULTURE
ALTERATION
ANIMAL CARE FACILITY
ARTISAN BUSINESS
ASSISTED LIVING FACILITY
AUTOMOBILE REPAIR SHOP
AUTOMOBILE SERVICE STATION
AUTO SALES
BED-AND-BREAKFAST
BUFFER
BUILDING
BUILDING HEIGHT
BUILD-TO LINE
CHANGE OF USE
CLUSTERED SUBDIVISION
COMMERCIAL USE
CONSERVATION SUBDIVISION
CULTURAL USE
DAY-CARE CENTER
DOMESTIC ANIMAL
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EMERGENCY HOUSING
EROSION
FAMILY
FLOOD HAZARD AREA
FORESTRY
FRONT YARD
FUNERAL HOME
GROUP-CARE FACILITY
HOME OCCUPATION
(1)Â
(2)Â
HORTICULTURE
HOSPICE
HOSPITAL
HOTEL
HOUSE TRAILER
INDUSTRIAL USE
LANDMARK STRUCTURE
LIGHT INDUSTRY
LOT
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MARINA AND RELATED USES
MIXED USE STRUCTURE
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
NEW YORK STATE AGRICULTURAL DISTRICT
NONCONFORMING USE
NONDISCRIMINATORY
NURSING HOME
OFFICE, BUSINESS
OFFICE, PROFESSIONAL
OPEN SPACE
PARKING SPACE
PRIVATE ROAD
RECREATIONAL USE
(1)Â
(2)Â
(3)Â
RECREATIONAL VEHICLE
RELIGIOUS FACILITY
RESEARCH AND DEVELOPMENT FACILITY
RESTAURANT
RETAIL STORES AND SHOPS
ROAD FRONTAGE
SCHOOLS
(1)Â
(2)Â
SENIOR HOUSING
SERVICE BUSINESS
SETBACK
SIGN
SIGN, OFF-SITE DIRECTIONAL
SIGN, ON-SITE
SIGN, SANDWICH
SPECIAL USE
STEEP SLOPE
STREAM BANK
STREET
STRUCTURE
STRUCTURE, PRINCIPAL
SUBDIVISION
TAVERN
TOURIST ACCOMMODATION
TOWNHOUSE
USE, PRINCIPAL
VARIANCE, AREA
VARIANCE, USE
WHOLESALE BUSINESS
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall have the meanings
indicated:
A second dwelling unit in an existing single-family dwelling,
or in an existing separate accessory structure on the same lot as
the existing single-family dwelling, for use as a complete, independent
living facility with provisions in the accessory apartment for cooking,
eating, sanitation, and sleeping. Such an apartment is a secondary
and subordinate use to the principal dwelling. A mobile home or single-wide
manufactured home shall not be considered as an accessory apartment.
A mother-in-law apartment is the same as an accessory apartment.
A structure detached from the principal building located
on the same lot and customarily incidental and subordinate to the
principal building or use.
A use customarily incidental and subordinate to the principal
use or structure and located in the same lot with such principal use
or structure.
Raising of crops, animals and animal products; other commonly
accepted agricultural operations for commercial purposes, including
the sale of products grown on the premises.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
Facilities for the care and treatment of animals, including
veterinary clinics and offices, and boarding and grooming facilities.
Workshop of an artisan or craftsperson such as a potter,
silversmith, woodcarver, candle maker, or similar trade or handicraft.
An artisan business may or may not include a retail shop. An artisan
business shall employ no more than six full-time workers.
A residential facility that provides care to residents who
cannot live independently but who do not require around-the-clock
nursing care or extensive medical supervision. Services may include
medication supervision, personal care, meals and housekeeping, Common
cooking and dining facilities may be provided, and residential units
may or may not include individual cooking facilities. Includes residential
care facility, board and care home, adult care home, and congregate
care facility.
Any building, premises, and land in which or upon which a
business, service, or industry involving the maintenance, services,
repair, or painting of vehicles is conducted. No more than six unregistered
vehicles may be stored on the property at any one time.
Any area of land, including any structure or structures thereon,
used or designed to be used for the supply of gasoline or oil or other
fuel for motor vehicles. This term shall include any area or structure
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing of motor vehicles.
No more than six unregistered vehicles may be stored on the property
at any one time.
The use of any building or land area for the display and
sale of new or used automobiles and other vehicles, such as light
trucks or vans, trailers, boats, and recreation vehicles and including
any vehicle preparation or repair work conducted as an accessory use.
An owner-occupied building used as a dwelling and used for
renting accommodations to transient, fee-paying guests. Not more than
10 rooms may be let.
An undeveloped part of a property or an entire property specifically
intended to separate and thus minimize the effects of a land use activity
(e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or other real property.
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.
An alignment which dictates the front yard setback from a
street or public right-of-way, to be followed by buildings or structures
fronting on it. The build-to line does not apply to building projections
or recesses such as porches.
Any of the following can be considered a change of use: any
change in the use of either a building or land which is significantly
different from the prior use of that building or land. This definition
includes the change of use or occupancy of land, or buildings, structures,
or other improvements on land, from either residential, commercial,
or industrial, to one of the other uses. It also includes any change
in the nature, substance or intensity of the same use, including,
but not limited to, changes in use which require the issuance of a
certification of occupancy pursuant to the New York State Building
and Fire Code, and substantial removal of existing vegetation. Change
of use also includes any use that substantially differs from the previous
use of a building or land.
An approved subdivision wherein the Planning Board modifies
applicable provisions of this chapter for the purposes of enabling
and encouraging the most appropriate use of land, facilitating the
adequate and economical provision of streets and utilities, and preserving
the natural and scenic qualities of open land. In a cluster development,
the resulting number of building plots or dwelling units would not
exceed the number that could be permitted, in the Planning Board's
judgment, if the land were subdivided into lots conforming to the
otherwise applicable minimum lot size and density requirements of
this chapter.
Any business whose primary purpose is retail or wholesale
trade, any nonprofessional customer service. Commercial use includes
retail establishments, offices, professional and personal services,
light manufacturing and assembly, branch banks, financial services,
health care services, indoor theaters, conference centers, laboratories
and associated research facilities whose products or waste products
entail no special environmental handling requirements, studios, broadcast
facilities (excluding towers), inns, restaurants without drive-through
windows, bars, and day-care facilities as a principle use.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be placed on the parcel in a flexible manner, where lot
sizes, road frontages, and other bulk dimensions are allowed to be
relaxed, and where a majority of the remaining land is left in its
natural open space condition in perpetuity. Conservation development
results in a flexibility of design and development to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities, and to preserve the natural and
scenic qualities of open lands.
Establishments that manifest or document the intellectual
and artistic work that characterize a society and includes museums,
art galleries, community centers, civic, fraternal and social establishments,
studios, and botanical or zoological gardens.
Day care, as a principal use or an accessory use, provided
on a less than twenty-four-hour basis for either children or adults.
Any domesticated sheep, horse, donkey, mule, cattle, deer,
llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic
hare or rabbit, pheasant, poultry, pigeons, and any animal, including
birds, raised under license from the State Department of Environmental
Conservation.
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.
A detached residential dwelling unit other than a mobile
home, designed for and occupied exclusively by one family.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
A mobile home, recreational vehicle or camping trailer that
can be used during reconstruction of fire- or storm-damaged businesses
and residences.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
One or more persons occupying premises and living together
as a single housekeeping unit, subject to a limit of not more than
four unrelated persons 18 years of age or older.
That area subject to flooding on the average once in every
100 years, based on information supplied by the Federal Emergency
Management Agency.
The science, art and practice of creating, managing, using
and conserving forests and associated resources for human benefit.
A yard extending fully along the front lot line between the
side lines and between the front line of the lot and the front line
of the structure.
Any building or structure used for human funeral services
that may or may not include a chapel.
A facility operated by an agency that is regulated or licensed
by New York State to provide resident services and twenty-four hour
supervision to not more than 12 persons. Such facility must be headed
by an agency-approved staff and function as a single housekeeping
unit.
LOW-IMPACT HOME OCCUPATIONAny nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which does not change the residential character of the dwelling unit or vicinity and shall allow only occasionally customers and clients to enter the premises, and where no signage, or exterior storage of products or equipment are required.
MAJOR HOME OCCUPATIONA business activity resulting in a product or service for financial gain, conducted wholly or partly in a dwelling unit or accessory structure which is clearly secondary to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity. Such use may include minimal exterior evidence of such secondary use, including signs, equipment, goods and materials. Such occupation shall not employ more than three nonresidents, and shall allow customers, clients or sales representatives to enter the premises.
Raising of plants, such as flowers, shrubs and trees, for
ornamental or landscaping purposes.
A facility operated by a public health care agency or private,
nonprofit agency authorized by the New York State Department of Health
pursuant to a certificate of need in which resident hospice care is
provided to not more than 10 persons.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, or other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities, or
training facilities.
A building or group of buildings, whether detached or in
connected units, containing transient lodging facilities for the general
public, and which may contain accessory facilities such as restaurants,
meeting rooms, retail business activities, and related activities
primarily to accommodate the occupants, but open to the general public.
Same as "mobile home."
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
for wholesale or retail purposes.
A structure which possesses special character or historic
or aesthetic interest or value as part of the cultural, political,
economic or social history of the locality, region, state or nation;
or is identified with historic personages; or embodies the distinguishing
characteristics of an architectural style; or is the work of a designer
whose work has significantly influenced an age; or because of a unique
location or singular physical characteristic, represents an established
and familiar visual feature of the neighborhood.
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail within a fully enclosed building
and which does not result in the generation of more than 10 vehicle
traffic trips per day, or potentially dangerous, offensive or hazardous
materials or wastes or utilize a process which is dangerous, polluting
or incompatible with other uses of the district.
[Added 3-24-2021 by L.L. No. 2-2021]
A parcel of land occupied, or designed to be occupied, by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings. A lot may or may not be
the land shown on a duly recorded plot. If more than one lot of record
is held in common ownership and said lots are contiguous and substandard
in size to the minimum lot size in the zoning district, they shall,
for purpose of this chapter, be held as one lot or as many lots as
shall leave no lot substandard.
A boundary line of a lot.
The exterior line or right-of-way of a road on which a lot
fronts or abuts.
Any lot line, other than a front lot line, which is parallel
or nearly parallel to the front lot line.
Any lot line not a front lot line or a rear lot line.
The distance between side lot lines taken at the front yard
or building line and measured at right angles to the side lot lines
along a parallel to the street.
A facility for the storing, servicing, fueling, berthing,
and securing of boats and that may include eating, sleeping, and retail
facilities for owners, crews, and guests.
A single structure with a variety of complimentary and integrated
uses, such as, but not limited to, residential, office, retail, public,
or entertainment.
Also known as a "manufactured home," means a moveable or
portable unit designed and constructed to be towed on its own permanent
chassis, comprised of frame and wheels, connected to utilities, and
designed and constructed 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 or repeated towing. "Mobile home" shall
mean units designed to be used exclusively for residential purposes,
excluding travel trailers. Every mobile home shall bear a data plate
affixed in the manufacturing facility bearing not less than the following
information:
A parcel of land which has been planned for the placement
of two or more occupied mobile homes, appurtenant structures or additions.
The minimum land space needed to establish a mobile home park is eight
acres.
Also known as a "factory manufactured home" and means a structure
designed primarily for residential occupancy constructed by a method
or system of construction whereby the structure or its components
are wholly or in substantial part, manufactured in manufacturing facilities,
intended or designed for permanent installation, or assembly and permanent
installation, on a building site. For the purposes of this regulation,
single-family modular homes, once set on a permanent foundation, shall
be treated as single-family residence and shall be allowed in all
districts providing for single-family residences. Every factory manufactured
home or component shall bear an insignia of approval issued by the
State Fire Prevention and Building Code Council.
That portion of the Village of Athens that is included in
the New York State Certified Agricultural District established as
per State Agriculture and Markets Law Article 25-AA.
The lawful use of land or of a building or structure which
use subsequently becomes prohibited by zoning regulations pertaining
to the district in which the building or land is situated.
Fair and unbiased; not discriminating; not biased against
a particular group or type of person.
Any building other than a hospital where persons are housed
or lodged and furnished with meals and around the clock medical care.
Offices and related spaces primarily for conducting the affairs
of a business and may include ancillary services for office workers.
Offices and related spaces for use as professional services
as provided by medical practitioners, attorneys, architects, engineers,
and similar professions.
Land left in a natural state for conservation and agricultural
purposes or for scenic purposes, devoted to the preservation of distinctive
ecological, physical, visual, architectural, historic, geologic or
botanic sites. It shall also mean land left in a natural state and
devoted to active or passive recreation. The term shall not include
land that is paved, used for the storage, parking or circulation of
automobiles, or occupied by any structure except agricultural buildings.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
Any road not publicly maintained by the Village.
RECREATION FACILITYA place designed and equipped for the conduct of sports and leisure time activities.
RECREATION, INDOORThe conducting of sporting activities undertaken entirely within a building, including team or individual sports and related health and exercise facilities. An indoor recreation use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, the serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport or exercise-related equipment or clothing, and other customary accessory uses.
RECREATION, OUTDOORIncludes, but is not limited to, golf, skiing, ball playing, swimming, biking, hiking, and walking trails, picnicking and similar activities.
A vehicle type that can be towed, hauled or driven and primarily
designed for temporary living accommodations, recreational camping
and travel use, and including, but not limited to, a travel trailer,
camper, motor home, tent trailer and camping trailer.
A church, synagogue, temple, mosque, or other place of religious
worship, including any accessory use or structure, such as a school,
day-care center, cemetery or dwelling, located on the same lot.
Building or structure built, altered and/or equipped for
experimental or scientific study or testing and analysis, and limited
construction of pilot or test models and materials, and which does
not emit or pass off sound, vibration, light, odors, smells, smokes
or other noxious or bothersome products beyond the boundaries of the
structure.
A place, other than a tavern, for the preparation, serving
and consuming, indoors, of food and beverages.
A commercial activity characterized by the direct on-premises
sale of goods and services to the ultimate consumer.
The length of the lot that borders any public road.
PUBLIC OR PRIVATE SCHOOLSAny not-for-profit public or private university, college, elementary, junior high, middle or high school, accredited or chartered by the New York State Education Department or the New York State Board of Regents.
COMMERCIAL OR TRADE SCHOOLSCommercially operated schools of technical and industrial training, beauty, culture, business, dancing, driving, music or similar educational purposes.
Dwelling units with maximum of two bedrooms per dwelling
unit, which are designed and intended for and whose occupancy is restricted
to handicapped persons, single persons 55 years of age or older, or
couples in which one person is 55 years of age or older.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, businesses, industry, government,
and other enterprises, including personal, repair, health, legal,
engineering and other professional services, educational services,
and others such as dry cleaners, laundromats, and hair salons.
The horizontal distance between the lot line and the part
of the building nearest to the lot lines. Where the property line
is not clearly defined, the setback will be 40 feet from the center
of a Village street and 20 feet from a state road right-of-way.
Any device designed to inform or attract the attention of
persons not on the premises.
A sign, other than an on-site sign, which is used to direct
people to a place of business.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises.
An A-frame, portable advertising sign placed upon a sidewalk.
A use that would not be appropriate generally or without
restriction throughout the zoning district, but which is controlled
as to the number, area, location or relation to the Village, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity and general welfare. Such uses shall be permitted when
the Planning Board finds that they meet the specific criteria provided
in this chapter for them.
Land areas where the slope exceeds 15%.
The land area immediately adjacent and extending along both
sides of perennial and intermittent watercourses as identified through
site inspection and United States Geological Survey (USGS) maps.
A public or private way which affords the principal means
of access to abutting properties, including any highway.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Structure does not include sidewalks, paving, mailboxes,
utility boxes, or subsurface utilities.
A structure in which is conducted the principal use of the
lot on which it is located.
The division of a lot, tract or parcel of land into two or
more lots, plats or sites, or other divisions of the land for the
purpose of, whether immediate or future, sale or building development.
An establishment used primarily for the serving of liquor
by the drink to the general public and where food may be sold as accessory
to the principal use. Entertainment may or may not be provided.
A group of buildings, including either separate structures
or a row of structures which are self-contained and attempt to provide
for all or most of a vacationer's wants while remaining on the premises,
such as food, drink, lodging, sports, entertainment, and shopping.
A dwelling containing three or more dwelling units attached
to each other at the side or rear by means of a common wall or walls,
each dwelling solely occupying the internal space from ground to roof,
and having its own separate entrance or entrances from the outside.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by dimensional or physical
requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; or to other wholesalers.
A yard extending from the front lot line into the interior
lot area.
A yard extending from the rear lot line into the interior
lot area.
A yard extending from the side lot line into the interior
lot area.
