As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING OR USE
A building or use customarily incidental and subordinate
to the principal structure or use on the same lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ADULT ENTERTAINMENT ESTABLISHMENT
A sexually oriented business, as defined in Chapter
50, Adult Use Establishments, of the Town/Village Code. This definition shall include an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency or sexual encounter center, as defined in Chapter
50 of the Town/Village Code.
ALTERATION
As applied to a building or a structure, a change or rearrangement
in the structural parts or an enlargement, whether by extending on
a side or increasing in height, or the moving from one location or
position to another.
ANIMAL HOSPITAL OR VETERINARY CLINIC
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated household animals, which
may include related facilities, such as laboratories, offices and
temporary quarters for such animals.
ARCHITECTURAL REVIEW BOARD
The Zoning Board of Appeals of the Town/Village of East Rochester
performing its architectural review duties in accordance with local
law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BASEMENT
A story partly underground and having not less than 1/2 of
its height above the average level of the finished grade around all
four sides of the building.
BOARDINGHOUSE
A dwelling in which up to six persons, either individually
or as families, are housed for hire, either with or without meals.
A lodging house or rooming house shall be deemed a boardinghouse.
BUILDING
Any structure having a roof supported by columns, piers or
walls and intended for the shelter, housing or enclosure of persons,
animals or chattel.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof for flat roofs, to the deckline of a mansard roof
and to the average height between the plate and ridge of a gable,
hip or gambrel roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
BUILDING/USE PERMIT
A permit issued by the Building Inspector/Code Enforcement
Officer stating that the purpose for which a building or land is to
be used is in conformity with the uses permitted and all other requirements
under this chapter for the zone in which it is located or is to be
located.
BULK STORAGE FACILITIES
The large-scale holding, enclosed or otherwise, of a transportable
product for the exclusive purpose of distribution for future resale.
This excludes commodity storage for on-site industrial processing.
BUSINESS CENTER
A.
Two or more office, retail, service or industrial
uses which:
(1)
Occupy one or more buildings or lots.
(2)
Share vehicular access to one or more public
streets.
(4)
Function as a single, integrated site, regardless
of the ownership of the lots which comprise said site.
B.
"Business center" shall include shopping centers,
plazas and malls, office parks, industrial parks and other similar
nonresidential sites.
CAR WASH
An area of land and/or a structure with machine- or hand-operated
facilities used principally for cleaning, washing, polishing or waxing
of motor vehicles.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade around
all four sides of the building.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector/Code Enforcement
Officer upon completion of construction, alteration or change in occupancy
or use of a building. Said certificate shall acknowledge compliance
with all the requirements of this chapter and any adjustments granted
thereto by the Zoning Board of Appeals.
CHURCH OR RELIGIOUS INSTITUTION
Any building wherein persons regularly assemble for religious
worship which is used only for such purpose and those accessory activities
as are customarily associated therewith, including a temple, synagogue,
mosque or other similar place of worship.
CLUB, PRIVATE
Buildings, land or facilities which are used to serve a social,
fraternal or service organization or club not organized or conducted
for profit and which is not an adjunct to or operated by or in conjunction
with a public tavern, cafe or other place of business.
CONDOMINIUM
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land and
facilities (common elements), is owned in common by all homeowners
in the development. The owner has title to the interior individual
dwelling and a shared interest in the common elements.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAY CARE
Daytime care or instruction of three or more persons away
from their own homes for more than three but less than 24 hours per
day by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
DAY-CARE CENTER
A place other than an occupied residence providing or designed
to provide day care or an occupied residence providing or designed
to provide day care for seven or more persons.
DAY-CARE HOME
An occupied residence providing or designed to provide day
care for not more than six persons.
DISTRIBUTION CENTER
A truck terminal facility at which any storage of goods or
chattels is minor, transitory and merely incidental to the purpose
of facilitating the transportation of goods or chattels.
DRIVEWAY
A roadway providing a means of access from a street to a
property or off-street area. An accessway may also be deemed a driveway.
DWELLING, MULTIFAMILY
A building containing dwelling units for three or more families
living independently of each other and with separate and complete
housekeeping facilities for each family and shall include the term
"apartment house."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
DWELLING, SINGLE-FAMILY
A building or dwelling unit designed for or occupied exclusively
by one or more persons living as a single, nonprofit housekeeping
unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units and used exclusively
for occupancy by two families living independently of each other or
two one-family dwellings having a party wall in common.
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking and provisions for the same.
FAMILY
One or more persons related by birth, marriage or other domestic
bond occupying a dwelling unit and living as a single, nonprofit housekeeping
unit. In order to distinguish a family from a fraternity, club or
boardinghouse, not more than two members of the household shall be
other than blood relatives or adopted or foster children.
FENCE
An artificially constructed barrier made of commercially
available materials which are uniform in appearance and erected for
the enclosure of yard areas.
[Amended 7-9-2012 by L.L. No. 3-2012]
FLOOR AREA, GROSS
For the purpose of applying the requirements for off-street
parking and loading, "gross floor area," in the case of offices, merchandising
or service types of uses, shall mean the sum of the interior floor
area to be used or intended to be used by tenants or for service to
the public as customers, patrons, clients or patients, including areas
occupied by fixtures and equipment used for display or sales of merchandise.
It shall not include unheated porch areas or attic space providing
less than seven feet of head space, areas used principally for nonpublic
purposes, such as storage, incidental repair, rest rooms, fitting
or alteration rooms or general maintenance, or enclosed pedestrian
malls or corridors.
FLOOR AREA, HABITABLE
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
inside face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include cellars, garage space or accessory
space.
FRONTAGE
That portion of a parcel of property which abuts a street
or highway.
FUEL OIL STORAGE
Premises used for the storage of fuel oil, kerosene or other
combustible fuel in tanks for the sale by motor vehicle or other means
of conveyance to purchasers at some other location, and excluding
gasoline storage tanks used at gasoline stations for retail sales
or tanks used by individuals when fuel is not sold.
FUNERAL HOME
A building or portion thereof, with or without an accessory
dwelling unit, used principally for preparing cadavers for interment,
including embalming, holding wakes or conducting funeral services.
The term shall include a mortuary but shall not include a crematorium.
GARAGE, PRIVATE
An accessory building used in conjunction with a principal
building which provides for the storage of motor vehicles and/or other
household items.
GARAGE, PUBLIC
Any garage, other than a private garage, operated for gain
and available on a rental basis for the storage of motor vehicles,
including the supply of gasoline or oil and the repair and/or installation
of minor parts and accessories but not including major repair work,
such as motor replacement, body and fender repair or spray painting.
GASOLINE SERVICE STATION
Any building, land area or other premises or portion thereof
used or intended to be used primarily for the retail dispensing or
sales of vehicular fuels and which may include, as an accessory use,
the sale and installation of lubricants, tires, batteries and similar
accessories. A convenience store shall be considered an automobile
service station if it includes the retail sales of gasoline or other
vehicular fuels.
GRADE LEVEL
The final grade level of the ground measured at the midpoint
of the front line of the building.
GREEN SPACE
Land areas covered only by grass, trees and vegetation.
HEDGE
Any type of bush, plant or other natural growth which serves
or can serve the same purpose as a fence.
HOME OCCUPATION
Any occupation carried on as a subordinate use by a member
of the family residing on the premises of a residential lot.
HOSPITAL
Includes a sanitarium, sanitorium, preventorium, clinic,
rest home, nursing home, convalescent home and any other place for
the diagnosis, treatment or other care of ailments and shall be deemed
to be limited to places for the diagnosis, treatment or other care
of human ailments.
HOTEL OR MOTEL
A commercial use consisting of one or more buildings which
provide sleeping rooms used or intended to be used for transient occupancy
by persons who reside elsewhere. The term includes, but is not limited
to, an inn or lodge. The term does not include a bed-and-breakfast
inn.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but exclusive of basic industrial
processing and storage of flammable or toxic materials. "Light industry"
is also exclusive of uses that require heavy, noisy or otherwise objectionable
disturbances, such as vibration, dust and odors.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
KENNEL
Any lot or premises on which more than two dogs more than
six months of age are housed, groomed, bred, boarded, trained or sold
for compensation and which may offer provisions for minor medical
treatment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
LABORATORY, RESEARCH AND DEVELOPMENT
A building or group of buildings in which are located facilities
for scientific research, investigation, experimentation or testing,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
LIBRARY OR MUSEUM
A building or facility used by a public or nonprofit institution
for the purpose of housing, display and/or study of books, manuscripts,
collections, art, exhibits or other educational or cultural materials.
LIGHT PROCESSING, FABRICATION OR ASSEMBLY OPERATION
Any plant for the making, processing, assembly or handling
of materials or products which does not involve the reduction, conversion
or manufacturing of primary raw materials; which is confined to the
making of finished products or parts thereof from component parts
and semifinished products; which is not detrimental to the environment
in which it is located by reason of the emission of smoke, gases,
dust, odor, radioactive emanations or other atmospheric pollution,
noise, vibration or excessive light beyond the limits of its lot or
by reason of creating a fire, explosive, radioactive or other physical
hazard or by reason of generating excessive traffic with attendant
dangers; and which is conducted entirely within an enclosed building
and does not include any open storage use or outdoor manufactory operation.
LOT
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the lot is a part.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
That percentage of the lot area which is devoted to building
area.
LOT LINE
The boundary line of a lot, which may be expressed as either
a front, side or rear lot line.
LOT LINE, FRONT
The boundary of a lot which abuts a street or right-of-way.
Where a lot abuts upon more than one street, there shall be a front
lot line along each street which the lot abuts.
LOT LINE, REAR
The lot boundary line which is opposite and most distant
from the front lot line or, in the case of a lot which is irregular
in shape, the lot boundary line which is most nearly parallel to and
at the greatest average distance from the front lot line.
LOT LINE, SIDE
Any lot line other than a front lot line or a rear lot line.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
MANUFACTURED HOUSING
A structure, transportable in one or more sections, used
or intended to be used as a dwelling unit which, in the traveling
mode, is eight feet six inches or more in width or 40 body feet or
more in length and which is constructed to either the Department of
Housing and Urban Development (HUD) Federal Code or New York State
Uniform Fire Prevention and Building Code.
MEDICAL OFFICE/CLINIC
A facility or institution, whether public or private, where
medical or dental care is furnished to persons on an outpatient basis
by one or more doctors or dentists; a place for the care, diagnosis
and treatment of sick, ailing, infirm or injured persons and those
who are in need of medical or surgical attention but who are not provided
with board or room or kept overnight on the premises; or a facility
for human ailments operated by a group of physicians, dentists, chiropractors
or other licensed practitioners for the treatment and examination
of outpatients.
MIXED-USE BUILDING
A multiple-story structure in which residential, retail and
office uses exist simultaneously on different floor levels of the
structure.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or
designed to be used primarily for making repairs to motor vehicles.
This shall include auto repair and/or paint shops.
MOTOR VEHICLE SALES
Any area of land, including structures thereon, the principal
use of which is the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers, boats, recreational vehicles
or other vehicles and which may or may not include the repair of vehicles
as an accessory use. Enclosed showrooms and open display areas are
included in this definition. The sale of motor fuels is not included
in this definition.
NIGHTCLUB
An establishment where alcoholic beverages may be sold and
consumed on the premises and where live entertainment and/or centrally
controlled recorded performances take place and which may contain
a stage, staging area and/or dance floor.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension or location of
which was lawful prior to the adoption or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
NONCONFORMING LOT
A lot of record existing at the date of the passage of this
chapter which does not have the minimum width or contain the minimum
area for the zone district in which it is located.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption
or amendment of this chapter but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
OPEN SPACE
An area unoccupied by any building, structure or parking
area, whether paved or unpaved, and shall be exclusive of any required
yard areas.
PARK OR RECREATION AREA, PUBLIC
Land owned or leased by an agency of the federal, state or
local government used for recreation or conservation purposes, such
as picnic areas; swimming pools and beach areas; scenic overlooks
and preservation areas; camping grounds and campsites; hiking trails;
riding stables and trails; playgrounds; stadiums and arenas for games
and sports; amphitheaters and other performing arts facilities; sites
for historical monuments and markers; and related service buildings,
including those for dining and refreshments, roads, trails, automobile
parking areas and signs of an informational, directional and identification
nature.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is located.
PRINCIPAL USE
The main use for which a building or lot is to be used.
PROFESSIONAL OFFICE
The office or place of business where professional services
are offered and which does not mainly involve the sale of goods or
the keeping of a stock-in-trade. Professional offices include but
are not limited to doctors, dentists, surgeons, attorneys, architects,
engineers, planners, accountants, real estate brokers, insurance brokers,
psychologists, veterinarians and chiropractors.
PUBLIC AND SEMIPUBLIC BUILDINGS AND GROUNDS
Designates any one or more of the following uses, including
grounds and accessory buildings necessary for their use:
A.
Churches, places of worship, parish houses and
convents.
B.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
C.
Nursery schools, elementary schools, high schools,
colleges or universities having a curriculum approved by the Board
of Regents of the State of New York.
D.
Public libraries and museums.
E.
Not-for-profit fire, ambulance and public safety
buildings.
F.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes, homes
for adults, homes for the aged or residences for adults as the same
are defined under the Public Health Law or the Social Services Law
of the State of New York, provided that they are duly licensed by
the State of New York.
G.
Not-for-profit membership corporations or private
clubs established for cultural, social or recreational purposes.
PUBLIC UTILITY USE
A use, structure, facility or related equipment which is
necessary for a public utility (as defined by New York Public Service
Law) or specially franchised local operation to provide services which
may include, but are not limited to, cable television, electric, gas,
telephone, sewer or water. These structures may include, but are not
limited to, electric transformer substations, gas pipelines, electric
transmission lines, sewer or water pump stations and water towers.
RECREATIONAL VEHICLE
Any vehicle used for recreational purposes, including all-terrain
vehicles, boats, boat trailers, camper trailers, jet skis, motorcycles,
motor homes and snowmobiles or a vacation trailer, travel trailer,
fifth wheel or camper of any description, either towed or self-contained,
intended to be used or occupied as a vacation vehicle or trailer and
not intended to be located with permanent sewer, water and electric
hookups.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
RECREATION FACILITY, COMMERCIAL INDOOR
A building, structure or portion thereof used principally
for indoor recreation, sports or leisure activity conducted as a commercial
enterprise or otherwise as a principal use. The term includes, but
is not limited to, billiard parlors, bowling halls, live or motion-picture
theaters, amusement or video game centers, indoor sports facilities,
gymnasiums, physical fitness centers, martial arts schools and dance
schools. The term does not include adult entertainment establishments,
special events facilities or indoor recreation as a community facility
or as an accessory use for an institutional use, membership club or
nonprofit organization.
RECREATION FACILITY, COMMERCIAL OUTDOOR
A lot with or without accessory buildings, structures and
other site improvements used for outdoor recreation, sports or leisure
activity and conducted as a commercial enterprise or otherwise as
a principal use. The term includes but is not limited to drive-in
or open-air theaters, exhibition facilities, field sports facilities,
golf courses, driving ranges, miniature golf facilities, hobby clubs
and water sports facilities. The term does not include campgrounds
or outdoor recreation operated as a community facility or as an accessory
use for an institutional use, membership club or nonprofit organization.
RESERVOIR SPACE
A temporary storage space, exclusive of street area or required
parking spaces, for a vehicle waiting for service or admission.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption to patrons seated within an enclosed building or on
the premises and which may include drive-up window service for the
convenience of its patrons. However, a delicatessen or a bakery, or
a snack bar or refreshment stand at a public or quasi-public or community
pool, playground or park operated by the agency or group or by a vendor
approved by such agency or group for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
RESTAURANT, FAST-FOOD OR DRIVE-IN
An establishment whose principal business is the sale, in
disposable packaging, of prepared or rapidly prepared food directly
to the customer in a ready-to-consume state for consumption either
within the restaurant building or off premises. A delicatessen or
bakery shall be considered a retail establishment and shall not be
included in the definition of "fast-food or drive-in restaurant."
RETAIL ESTABLISHMENT
A commercial activity designed for and primarily characterized
by the on-premises sale of goods directly to the ultimate individual
and household consumer, but also including servicing, preparation,
storage and wholesale business transactions related to such goods
and customarily associated therewith but clearly incidental thereto.
This term shall not include commercial activity which may also be
similarly characterized but which is separately identified as a use
permitted within a zoning district.
SCHOOL OR COLLEGE
An institution or place of learning, including private, public
and parochial facilities that provide a curriculum of elementary and
secondary academic instruction as well as higher education, including
kindergartens; elementary, middle, junior and senior high schools;
and two-year, four-year and advanced degree institutions. This definition
shall not include day-care centers (nursery schools) or specialized,
trade, professional or business schools as defined below.
SCHOOL, SPECIALIZED, TRADE, PROFESSIONAL OR BUSINESS
A school giving regular instruction in trades or specialized
skills, such as welding, hair dressing, cosmetology or massage; or
professional subjects, such as the dramatic or graphic arts, business,
dancing, languages, music or sciences; or business skills, such as
computer programming, stenography and secretarial courses.
SERVICE ESTABLISHMENT
An establishment primarily engaged in rendering services
on a fee or contract basis to the general public or to business establishments.
This term shall not include any service activity which may also be
similarly characterized but which is separately identified as a use
permitted within a zoning district.
SETBACK
The distance from a street or lot line to the wall or that
part of a structure nearest said lot line, not including entrance
steps, marquees or roof overhangs which are open to light, air and
visibility. If a structure is of cantilever construction or is supported
by beams or poles instead of walls, the setback shall be measured
from the line to a point on the ground determined by dropping a plumb
line vertically from the exterior wall of said structure nearest said
line. All measurements shall be made at right angles to or radially
from the line to the structure.
SIGN
See the sign definitions in §
193-14 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
SITE PLAN
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way and boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
STORAGE FACILITY, SELF-SERVICE
Any building or group of buildings on a single parcel made
of individual storage compartments which are rented or leased to individuals
or businesses for storage of nonhazardous materials, personal property
and equipment.
STORY
That portion of a building between the surface of any floor
and the surface of the floor next above; also any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement shall be counted but a cellar shall not be
counted.
STORY, HALF
A story under a gable, hip or gambrel roof the wall plates
of which on at least two opposite exterior walls are not more than
four feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property.
STREET OR RIGHT-OF-WAY LINE
The dividing line between a lot, tract or parcel of land
and a contiguous street. This line may also be known as the "front
lot line." For the purposes of this chapter, where the street line
is not readily determinable, the center line of the improvement or
of the traveled way shall be used to compute the location of the street
line.
STRUCTURE
Anything, other than a fence or retaining wall, constructed
or erected which requires location on the ground or attached to something
having a location on the ground, including but not limited to advertising
signs, billboards, poster boards and swimming pools.
SWIMMING POOL
Any man-made body of water or receptacle for water which
has a capability of a depth of more than two feet at any point and
is used or intended to be used for swimming, bathing or wading and
is installed or constructed above or below ground. The term shall
not apply to farm ponds or drainage control facilities (i.e., detention
or retention ponds), but shall apply to hot tubs and spas.
TELECOMMUNICATIONS TOWER
A commercial or public utility structure principally intended
to support a system of electrical conductors that transmit or receive
radiofrequency waves.
TEMPORARY USE
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
TOWNHOUSE
An independent single-family dwelling unit which is one of
a series of dwelling units having a common party wall between each
adjacent unit, each with a private outside entrance.
USE
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
VARIANCE, USE
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.
WAREHOUSE
A building or part of a building used or intended to be used
primarily for the storage of goods or products that are to be sold
retail or wholesale from other premises or sold wholesale from the
same premises; for the storage of goods or products to be shipped
on mail order; for the storage of equipment or materials to be used
or installed at other premises by the owner or operator of the warehouse;
or for similar storage purposes. The term "warehouse" shall not include
a retail establishment whose primary purpose is for the sale of goods
or products stored on the premises. However, this definition may include
incidental retail sales as an accessory use.
WHOLESALE ESTABLISHMENT
A commercial activity primarily characterized by the sale
of goods in quantity and/or bulk to other wholesale, retail, manufacturing,
construction, institutional or other establishments and enterprises,
including on-premises storage and distribution facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
WINDMILL
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a windmill.
YARD
An open space on a lot unoccupied and unobstructed from the
ground upward except for the projections as permitted elsewhere in
this chapter.
YARD, FRONT
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the street
line and the main building or any projections thereof, other than
the projections of uncovered steps, uncovered balconies, terraces
or uncovered porches.
YARD, REAR
A yard extending across the rear of the lot between the side
lot lines and measured between the rear lot line and the rear of the
main building or any projection, other than steps, unenclosed porches
or entranceways.
YARD, SIDE
A yard between the main building and the side line of the
lot and extending from the front yard to the rear yard and being the
minimum horizontal distance between the side lot line and side of
the main building or any projections thereof.
ZONING BOARD
The officially established Zoning Board of Appeals of the
Town/Village of East Rochester.