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Village of Chittenango, NY
Madison County
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Table of Contents
Table of Contents
This chapter shall be known as the "Zoning Law of the Village of Chittenango."
For the purpose of promoting the health, safety, morals or the general welfare of the Village of Chittenango, all in accordance with a Comprehensive Plan designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements, pursuant to Article 7 of the Village Law, the height, number of stories and size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards and other open spaces, the density of population and the use of buildings, structures and land for trade, industry, residence or other purposes are hereby restricted and regulated as hereinafter provided.
In interpreting, construing and applying the provisions of this chapter, they shall be held to be the minimum requirements for the protection of the public safety, convenience, prosperity and general welfare of the public. It is not intended that this chapter shall conflict, abrogate or annul any other law, rule or regulation of the Village of Chittenango previously adopted or which may hereafter be adopted and not in conflict with this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern.
In case any section or provision of this chapter shall be held invalid in any court, the same shall not affect any other section or provision of this chapter, except so far as the section or portion so declared invalid shall be inseparable from the remainder or any portion thereof.
All prior zoning laws of the Village of Chittenango regulating or restricting buildings, the use of land, minimum lot sizes and setbacks are hereby repealed and rescinded, except the Land Subdivision Regulations, the Junk Car Law and the Trailer Law of the Village of Chittenango,[1] nor are the following local laws repealed or otherwise affected by this Zoning Law, except as provided in § 148-3, hereof; the Building Construction Law, Building Construction Administration Law, Amusement Law and the Exhibition Law.[2]
[1]
Editor's Note: See Ch. 125, Subdivision of Land; Ch. 94, Junked and Abandoned Motor Vehicles; and Ch. 137, Manufactured Homes.
[2]
Editor's Note: See Ch. 63, Uniform Construction Codes; Ch. 47, Amusements Licensed; and § 104-5, Carnivals and exhibitions, of Ch. 104.
A. 
The regulations, restrictions, uses and boundaries provided in this chapter and the official Zoning Map may be amended, supplemented, changed, modified or repealed in accordance with the provisions of the laws of the State of New York applicable thereto. Amendments may be made by the Village Board upon its own motion or by petition or upon recommendation of the Planning Board after public notice and hearing. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper designated by the Village Board and having general circulation within the Village.
B. 
Every such proposed amendment or change, whether initiated by the Village Board or by petition, shall be referred to the Planning Board for report thereon before such public hearing.
C. 
In case of a protest against such change signed by the owners of 20% or more, either of the area of the land included in such proposed change or of that immediately adjacent extending 300 feet therefrom or that directly opposite thereto extending 300 feet from the street frontage of such opposite land, such amendment or change shall not become effective except by the favorable vote of at least 3/4 of all members of the Village Board.
D. 
Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the Village Board, then no new petition, including the text and/or map covering the same property, shall be filed with or considered by the Village Board until one year shall have elapsed from the date of the filing of the first petition.
Before taking final action on certain proposed amendments to this chapter, the Village Board shall refer such amendments to the Madison County Planning Board in accordance with §§ 239-l and 239-m of General Municipal Law. (See § 148-55D.)
A. 
Except where specifically defined herein, all words used 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 arranged to be used or occupied."
B. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
ABUTS; ABUTTING
Having a common property line or zoning district line; adjoining; touching.
ACCESSORY BUILDING
A subordinate building located on the same lot with the principal building, occupied by or devoted to an accessory use. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building. (See Article III.)
ACCESSORY SIGN
Any sign which identifies the lawful occupant(s) of the premises upon which the sign is placed and maintained, advertises a lawful business or professional service or commercial enterprise conducted on such premises, or calls attention to the goods, products or services lawfully sold or offered for sale on such premises, including the sale or lease of the whole or any part of said premises.
[Added 12-17-2013 by L.L. No. 8-2013]
ACCESSORY USE
A use customarily incidental and subordinate to the principal use of building and located on the same lot therewith. In no case shall such "accessory use" dominate in area, extent or purpose the principal lawful use or building. (See Article III.)
ADJACENT
To lie near or close to; in the neighborhood or vicinity of but not necessarily touching.
ADULT RESIDENTIAL CARE FACILITY
A residential facility for ambulatory adults where medical care and personal hygiene are provided to residents on a twenty-four-hour basis for persons who, by reasons or limitations associated with age or physical disabilities, are unable to live independently. There are two types:
(1) 
Facilities for four or fewer adults: licensed and periodically inspected by the County or State Health Department.
(2) 
Facilities for more than four adults: licensed and periodically inspected by the New York State Department of Social Services.
ADULT USES
Those uses which primarily promote, utilize, sell or display human conduct, materials or speech which are primarily intended to incite immediate sexual arousal and/or response. They may include, but are not limited to portrayal of persons engaging in intimate sexual contact; activities of employees or contractors who openly display parts of the human anatomy and sexual genitalia, in a manner which incites a sexual response; sale or rental of books, CDs, videotapes, audiotapes and other media which openly portray intimate sexual contact; offer customers the opportunity to have direct contact with objects, or persons, for the purpose of sexual gratification; offer for sale pictures, posters, and other printed materials which depict intimate sexual contact and/or openly display intimate parts of the human anatomy primarily for sexual gratification purposes; engage in oral communication principally intended to induce sexual arousal; and sale or rental of objects similar to sexual organs in appearance, or whose primary purpose is to act as a substitute for a sexual organ, primarily to promote sexual gratification.
[Added 12-18-2012 by L.L. No. 8-2012]
ALLEY
A public or privately owned serviceway less than 24 feet in width providing a secondary means of access to abutting properties.
AGRICULTURE
The growing of crops, fruits, plants, vines, trees or shrubs for commercial sale and the accessory uses customarily incidental to such activities; horticulture.
AIR RIGHTS EASEMENT
A negotiable right to use the air space extending upward from a lot, building, body of water or right-of-way.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts, such as bearing walls, columns, beams or girders, or in the existing facilities or an enlargement, whether by extending on a side or by increasing in height or moving from one location to another.
APARTMENT BUILDING
Any structure housing three or more families or housekeeping units. (See "dwelling, multiple-unit.")
APPROVING AUTHORITY
The Village Planning Board.
[Added 9-27-2016 by L.L. No. 2-2016]
AWNING
A roof-like mechanism which projects from the wall of a building. (See "marquee.")
BASEMENT
That habitable space of a building that is partly below-grade which has more than half of its height, on average, measured from the floor to ceiling, above the finished grade of the ground around the building. (See also "cellar.")
BASE ZONING DISTRICT
That part of a district which has been zoned for particular uses pursuant to this chapter, upon which an overlay district has been co-located, imposing additional design criteria and regulations.
[Added 10-26-2010 by L.L. No. 7-2010]
BED-AND-BREAKFAST
An owner-occupied one-unit dwelling within which is provided overnight accommodations for transient guests who stay up to five nights and which includes the serving of breakfast but no other meal to such guests.
BILLBOARD; SIGNBOARD; OFF-PREMISES ADVERTISING
(See "sign.")
BOARDING
OR ROOMING HOUSE -- A building originally used as a dwelling in which lodging rooms are available for rent, with or without meals but with no cooking facilities in individual rooms, for at least three but not more than 10 persons; a lodging house.
BUFFER STRIP
A strip of land, generally adjacent to a property line, in which a screen of plantings is installed and maintained by the owner of the property. Such screen shall be planted with deciduous or evergreen trees and shrubs, in any combination deemed appropriate, which are dense enough and high enough to be a buffer between properties.
BUILDING
Any structure having a roof supported by columns, piers or walls, including tents and structures on wheels, 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 COVERAGE
That percentage of a lot actually covered by the ground level area of a building.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished lot grade at the street side 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 PERMIT
A permit issued by the Zoning Enforcement Officer stating that an action involving construction will comply with the minimum standards of the New York State Uniform Fire Prevention and Building Code. (See "zoning permit.")
BULK REGULATIONS
Zoning requirements related to such things as lot area and size, yard dimensions, height, percentage of lot covered and regulations other than land use. Such requirements are generally set forth in Schedule II of this chapter.[1]
CARPORT
A roofed automobile shelter with two or more open sides; an accessory building unless attached to a primary building.
CAR WASH
A building or portion thereof containing facilities, including coin-operated or drive-through equipment, for washing motor vehicles.
CELLAR
An uninhabitable space partly underground but having more than 1/2 of its floor-to-ceiling height below the average outside ground level. A "cellar" not counted as a story in determining the building height as required by Schedule II. (See "basement" and "dwelling, earth-sheltered.")
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Enforcement Officer upon the 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 such adjustments thereto granted by the Board of Appeals or Planning Board.
CHANGEABLE-TEXT SIGNBOARD
Any signboard which is designed and intended to readily display messages or information of varying text or content, using changeable or interchangeable letters, characters, graphics or other symbols; for example, electronic signboards, theater or cinema marquee boards, restaurant drive-in menu boards, service station gasoline price boards and similar such devices.
[Added 12-17-2013 by L.L. No. 8-2013]
CHURCH OR PLACE OF PUBLIC WORSHIP
A building or area of public assembly for worship and qualifying for property tax exemption by the State of New York.
CLINIC, HEALTH-RELATED
A building or portion thereof, the principal use of which is for the offices of one or more practitioners for medical, dental or optical examination and the treatment of persons on an outpatient basis; a medical office building.
CLUB, PRIVATE
A nonprofit social organization whose premises is restricted to its members and their guests.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
COMMERCIAL DESIGN OVERLAY DISTRICT
District created by the Village of Chittenango which are co-located within or over existing base zone districts, and are intended to guide architectural and site development design.
[Added 10-26-2010 by L.L. No. 7-2010]
COMMERCIAL OR BUSINESS
Includes the purchase, sale or transaction involving the disposition of any article, substance, commodity or service, the maintenance or conduct of offices, professions or recreational or amusement enterprises conducted for profit and also includes the renting of rooms, business offices and sales display rooms and premises.
COMMUNITY RESIDENCE (GROUP HOME)
Noninstitutional residential facilities certified by the New York State Office of Mental Health (OMH), the Department of Mental Retardation and Developmental Disabilities (OMR/DD), the New York State Office of Social Services for the care of disabled or able-bodied children or adults. (Refer to the "Site Selection Law" definition where it is cited.) This type of facility includes:
(1) 
FAMILY CAREResidences in private homes in which a family or individual cares for a small number (three or fewer) of mentally ill adults. The Site Selection Law does not apply.
(2) 
SUPERVISED RESIDENCEResidential facilities serving persons age 18 or older and providing 24 hour staff supervision. The Site Selection Law applies.
(3) 
INTENSIVE SUPPORTIVE RESIDENCEResidential facilities serving persons age 18 or older and providing daily supervisory contact with residents but not twenty-four-hour supervision. The Site Selection Law applies.
(4) 
SUPPORTIVE RESIDENCESScattered site apartments occupied by adult residents who are capable of functioning at a higher level than those persons in the residences described above. Residents are visited several times per week by a mental health worker. The Site Selection Law applies for five-bed apartments and over.
CONFORMING BUILDING
Any building designed or intended for a land use or activity which is permitted by right, or with special conditions, in the district in which such building is located and which complies with all the bulk regulations of this chapter or any amendment thereof for such district. (See "bulk regulations.")
CONSERVATION
The continuation of land in its natural state or any use that will maintain the land in essentially its natural state.
CONTIGUOUS
See "abuts."
CONVALESCENT OR NURSING HOME
Any licensed establishment where aged or infirm persons are provided with shelter, food and health care on a twenty-four-hour basis for compensation; corresponds to the New York State definition of "self-care or extended-care nursing home"; not included in this definition are establishments for the care of the mentally ill.
CURB LEVEL
The mean street grade established by the Village ordinance or, in the absence of an established grade, the mean level of the existing curb at the street line.
DAY-CARE FACILITY
A licensed facility for the care and supervision of persons for less than 24 hours a day.
DAY-CARE PROVIDER
A person who supervises and cares for up to six people in the private dwelling of such person for less than 24 hours a day.
DEPENDENT RELATIVE
A person who, for economic or medical reasons, is dependent on another person who is related by blood, marriage or adoption.
DISTURBANCE
The removal of vegetation, except as specifically permitted in § 148-31.2B herein, or the filling, excavation, regarding or removal of soil, rock or retaining structures in areas of steep slope, whether by manual labor, machine or explosive. The condition of disturbance will be deemed to .continue until the area of disturbance is revegetated and/or permanently stabilized.
[Added 9-27-2016 by L.L. No. 2-2016]
DISTURBED AREA
Any steep slope area for which a disturbance is proposed or is ongoing.
[Added 9-27-2016 by L.L. No. 2-2016]
DOG KENNEL, COMMERCIAL
An establishment for boarding, breeding or training for a fee dogs other than those of the property owner, lessee or immediate relative thereof.
[Amended 8-28-1990 by L.L. No. 14-1990]
DOG KENNEL, PRIVATE
Any structure(s) which, alone or in combination with other structures on one taxable parcel, is/are used to raise, train, breed or shelter three or more dogs simultaneously for more than 90 days out of any one-year period.
[Amended 8-28-1990 by L.L. No. 14-1990]
DOMESTIC PETS
Animals which normally live in the same dwelling unit as their owners and are not kept for a commercial use.
DOWNTOWN DESIGN OVERLAY DISTRICT
District created by the Village of Chittenango, within which specific site and/or architectural design standards will be applied. This includes the areas zoned for business on Genesee Street, as depicted on the official Village Zoning Map.[2] This does not affect properties used for single- or multiple-family residential purposes.
[Added 10-26-2010 by L.L. No. 7-2010]
DRIVE-IN BUSINESS
An establishment, including outdoor theaters, restaurants, refreshment stands and banks, where a patron generally does not enter the building but is served or entertained in a motor vehicle.
DWELLING
A building or portion thereof which meets the following criteria:
(1) 
Designed, used or intended to be used exclusively as year-round and complete living quarters for one family or household.
(2) 
Provides cooking and bathroom facilities and an independent entrance from the outside or from a common hall or entryway.
(3) 
Meets applicable requirements of the New York State Uniform Fire Prevention and Building Code.
DWELLING, DETACHED
A dwelling having no party wall in common with another dwelling.
DWELLING, EARTH-SHELTERED
A one- or two-unit dwelling specifically designed and constructed to use earth as a barrier and temperature moderator. In such dwellings the roof and exterior walls may be covered by earth if at least one exterior wall is exposed to light and air and has the outside ground level at or below the lowest habitable floor level for at least half of the length of such exposed wall.
DWELLING, FACTORY-MANUFACTURED
A dwelling which is constructed by a method or system of construction whereby the basic structure or its components are wholly or in a substantial part manufactured in manufacturing facilities and designed to be transported to a lot, but not on its own chassis or wheels, for assembly and permanent installation on a foundation; a modular home. For purposes of this chapter, a mobile home is not to be construed as a factory-manufactured home.
DWELLING, MOBILE HOME
A one-unit dwelling which has the following distinguished characteristics:
(1) 
Manufactured as a movable or portable dwelling for year-round occupancy and for installation on a masonry or concrete foundation or a mobile home stand or piers, with or without a basement or cellar.
(2) 
Designed to be transported on its own chassis and wheels and connected to utilities after placement on a stand, foundation or piers.
(3) 
May contain parts that can be folded, collapsed or telescoped when being towed and expanded later to provide additional living space.
(4) 
May be constructed in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
DWELLING, MODULAR OR SECTIONAL
A factory-manufactured dwelling. (See "dwelling, factory-manufactured.")
DWELLING, MULTIPLE-UNIT
One or more buildings or portions thereof on a single lot, containing three or more dwellings. For purposes of this chapter, this definition includes apartments, elderly housing, rental townhouses, cooperative housing and condominiums.
DWELLING, ONE-UNIT
A building or portion thereof containing no more than one dwelling.
DWELLING, TOWNHOUSE
A dwelling containing three or more dwelling units, each of which has one or two side walls in common with the sidewalls of abutting dwelling units and are party or lot line walls; and may provide only housing for sale in an approved subdivision; a row house. Rental housing of this architectural style shall not be considered multiple-family.
DWELLING, TWO-UNIT
A building or portion thereof containing no more than two dwellings; a duplex or twin or double house.
ELDERLY HOUSING
See "dwelling, multiple-unit."
ELECTRICAL VEHICLE
Any motor vehicle that is registered with the New York State Department of Motor Vehicles and authorized to operate on public and private highways, roads, and streets, and uses electrical energy stored on board for motive purpose.
[Added 7-22-2021 by L.L. No. 3-2021]
ELECTRIC VEHICLE CHARGING
The use of an electric charging station by which electric vehicles are fueled through the transfer of electricity into the vehicle battery.
[Added 7-22-2021 by L.L. No. 3-2021]
ELECTRIC VEHICLE CHARGING STATION
A system for the charging of an electric vehicle. Components typically include a charging kiosk, transformer, and electric vehicle infrastructure.
[Added 7-22-2021 by L.L. No. 3-2021]
ELECTRIC VEHICLE INFRASTRUCTURE
The structures, machinery, and equipment necessary and integral to support an electric vehicle, including the electrical conduit and premises wiring requirements for the installation of electric vehicle supply equipment.
[Added 7-22-2021 by L.L. No. 3-2021]
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle, complying and conforming with National Electrical Code Article 625 and Society of Automotive Engineers J1772 Standard.
[Added 7-22-2021 by L.L. No. 3-2021]
EXTRACTIVE USE
Any operation, other than in connection with foundations for a structure, or highway construction which involves:
(1) 
A volume of earth movement exceeding the average of one foot per square foot of lot area or 1,000 cubic yards, whichever is the lesser; or
(2) 
A change of 10 feet or more in ground elevation from previously existing grade.
FACADE
The exterior side of a building's structural perimeter wall, running more or less perpendicular to the open surrounding grade, any part or portion of which is visible from any point beyond the property line of the premises. The "street facade" of a building or structure shall refer to a facade nearest and most proximately parallel to the street or other public vehicular right-of-way fronting, and granting access to, the premises; where a building fronts upon two or more such rights-of-way, the "principal street facade" shall mean the one facing that right-of-way which serves as the principal street address of the building premises.
[Added 10-26-2010 by L.L. No. 7-2010; amended 12-17-2013 by L.L. No. 8-2013]
FAMILY
One or more persons related by birth, marriage or other domestic bond.
FARM
Any parcel containing 10 acres or more of land which is used in the raising of agricultural products, excluding livestock.
FARM BUILDING
Any building used for the housing of agricultural equipment or produce or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this article. The term "farm building" shall not include the dwelling of the owner or operator.
FENCE
Any densely planted or constructed barrier of plant material, wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the total or partial enclosure of areas.
FLOOD BOUNDARY AND FLOODWAY MAP
The Official Map of the Village of Chittenango published by the Federal Emergency Management Agency as part of Chittenango's Flood Insurance Study and delineating a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD; FLOODING
A general and temporary condition of partial or complete inundation of normally dry areas from an overflow of streams or rivers or other bodies of water caused by severe storms or unusual and rapid surface water runoff.
FLOOD, ONE-HUNDRED-YEAR
The flood having a one-percent chance of being equaled or exceeded in any given year; the base flood.
FLOODPLAIN MANAGEMENT AREA
All that land adjacent to a body of water which has been, or hereafter may be, covered by a one-hundred-year flood.
FLOODPLAIN, SUBSTANTIAL IMPROVEMENT OF
A repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the repair or improvement is started or, if the structure is damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to have commenced when the first alteration to any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. (See Chapter 83, Flood Damage Prevention.)
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
FLOODWAY, REGULATORY
The land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height, as determined by Chapter 83, Flood Damage Prevention, of the Village of Chittenango.
FLOOR AREA, TOTAL
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 outside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.
FREE-SPEECH SIGNS
Noncommercial signs which solely set forth constitutionally protected free speech, including but not limited to political and election signs.
[Added 12-17-2013 by L.L. No. 8-2013]
FREESTANDING SIGN
Any wholly self-supported signboard which is directly and permanently affixed and connected to the surrounding grade by its own pole(s), column(s), foundation or other structural support system, and whose entire said framework is neither connected to nor collaterally supported by any wall or other architectural component of a building or similar habitable structure; any fence or other similarly independent self-supporting enclosure; any tree, shrub, boulder or other natural object; any utility pole; any vehicle, trailer or other mobile or portable device; or any other tangible improvements, objects or devices having a separate and unrelated purpose or function.
[Added 12-17-2013 by L.L. No. 8-2013]
FRONTAGE
The greater of:
(1) 
The distance between side lot lines measured along the street right-of-way line; or
(2) 
A line parallel to the street right-of-way line at the distance specified for front yard depth.
FRONT OR FACE OF BUILDING
The outer surface of a building, including the outer and inner surface of windows thereon, which is parallel to, and closest to, a private or public street or highway.
[Added 12-17-2013 by L.L. No. 8-2013]
FUNERAL HOME
A building used for the preparation of the deceased for burial or cremation, which may also include facilities for the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE
An accessory building or a part of a principal building if attached thereto by a wall or roof, intended primarily for the storage of one or more motor vehicles owned and used by the occupants of the dwelling to which it is accessory or attached. Not more than one such vehicle shall be a commercial vehicle of not more than one-and-one-half-ton capacity.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain, and which is used for the storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.
GARAGE SERVICE OR REPAIR
An enclosed building for the indoor repair of motor vehicles, including bodywork and painting and the sale of basic parts and accessories.
GASOLINE CONVENIENCE MARKET
The retail sale of self-serve motor fuel at a facility which also offers for sale convenience goods such as food, beverage and sundries, often on a twenty-four-hour-a-day basis. (See "mini-mart.")
GATEWAY (ROUTE 5) DESIGN OVERLAY DISTRICT
A district created by the Village of Chittenango within or over base zoning districts as specified on the Village Zoning Map[3] which specific site and/or architectural design standards will be applied.
[Added 10-26-2010 by L.L. No. 7-2010]
GREENHOUSE, COMMERCIAL
Any building or structure in which the light, temperature and humidity can be controlled for the growing and protection of flowers and other plants which are to be sold commercially.
GROOMING SHOP
A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed, except that no animals shall be kept, boarded, etc., overnight.
GROUP HOME
(See "community residence.")
HEAD SHOPS
Businesses which promote, sell, transfer or dispense items commonly associated with the use of controlled substances, but not with the intent that such items be used for that purpose. Such use contemplates the presentation, advertising, sale, transfer or dissemination of such items in the context of artistic, decorative and free speech uses, with clear and unequivocal language posted that the use of such in conjunction with the use of controlled substances is a violation of law and not endorsed by the business.
[Added 12-18-2012 by L.L. No. 8-2012]
HISTORIC SIGN
An existing exterior sign erected prior to 1950 which may or may not refer to an occupant, business, service or product currently or previously existing or offered on the premises on which the sign is located or within the city. Historic signs shall not be limited to sites designated as local landmarks. Historic signs are distinguished by one or more of the following characteristics: design; decorative character; age; historic relationship to persons, places, activities or products of the city; or their representation of early advertising techniques or sign technology, including the use of materials, techniques and devices no longer in common use for signage, such as but not limited to Carrara glass, painting directly on building surfaces and exposed neon tubing.
[Added 12-17-2013 by L.L. No. 8-2013]
HOME OCCUPATION
A use or activity conducted within a dwelling by the inhabitants thereof or in an adjacent accessory building on the same lot as said dwelling. A "home occupation" shall not be construed to be a permitted use unless the performance standards set forth in § 148-36G or 148-37G(12) of this chapter are met.
HOSPITAL
Unless otherwise specified, includes sanitarium, sanatorium, preventorium, clinic and similar places 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 and other health-related services as defined by health laws.
HOUSE TRAILER
See "trailer, travel or camping."
INDUSTRY OR INDUSTRIAL
Includes the storage, manufacture, preparation, processing or repair of any article, substance or commodity and the conduct of the industrial trade. (See "manufacturing establishment.")
INSTITUTION
A building occupied by a nonprofit corporation or nonprofit establishment for public use.
LAND USE ACTIVITY
The specific purpose for which land or a building is used or designed or intended to be used and maintained. (See "principal use.")
LANDSCAPE
Living or nonliving materials used to augment or accentuate the aesthetics or usability of an area. Landscape amenities may include, but are not limited to: vegetation, flower gardens, rain gardens, tables, sculptures, monuments, benches, banners, bollards, enhanced, textured, or colored pavements, pedestrian areas, and planters.
[Added 10-26-2010 by L.L. No. 7-2010]
LAUNDROMAT
A business that provides coin-operated self-service-type washing, drying, dry-cleaning and ironing equipment, provided that no pickup or delivery service is maintained.
LEAD AGENCY
The agency which has the responsibility to coordinate the environmental review of a proposed action in accordance with the New York State Environmental Quality Review Act[4] and the regulations of the Village of Chittenango.
LOT
A parcel of land devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. A "lot" within the meaning of this chapter may or may not be a lot shown on a subdivision plot or assessment record.
LOT AREA
An area of land which is determined by the limits of the lot line 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 DEPTH
The horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
LOT, FLAG
A lot that meets the minimum area requirements of this chapter and is connected to a public right-of-way by a strip of land at least 20 feet wide and containing an access drive. (NOTE: See diagram at end of this chapter.)
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
The property line bounding the lot.
LOT LINE, FRONT
In the case of a lot abutting only one street, the line separating the lot from the street; in the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street right-of-way line as the "front lot line."
LOT LINE, REAR
The lot line which is generally opposite the front lot line. If the lot comes to a point at the rear, the "rear lot line" shall be deemed to be the point of intersection of the side lot lines. Rear yard measurements shall be made from such point.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH
The horizontal distance between the side lot lines, measured at right angles to its depth at the building setback line. (See "frontage.")
MANUFACTURING ESTABLISHMENT
An establishment, the principal use of which is the manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE OR CANOPY
A permanent structure overhanging a walkway or vehicular way and attached to or supported by a building.
MINI-MART
A small retail activity which offers for sale convenience goods such as food, beverage and sundries, but not including motor fuel, often on a twenty-four-hour-a-day basis. (See "gasoline convenience market.")
MOBILE HOME PARK
Any site, lot, field, plot, parcel or tract of land on which two or more mobile homes are parked or located and for which use said premises are offered to the public or to any person for a fee of any type, including cost sharing.
MOTEL; HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room may be provided within the building or in an accessory building.
MOTOR VEHICLE
Any vehicle propelled or drawn by power other than muscular power, originally intended or constructed to be for use on the public highways.
MOTOR VEHICLE BODY
That principal part of any motor vehicle which shall include the compartment(s) wherein the occupant(s) and/or cargo are customarily carried when in operation; also to include that part of the vehicle which bears the vehicle identification number; provided, however, that a motor vehicle which complies with all applicable state registration, insurance and inspection laws for current operation on the public highways shall not be deemed a "motor vehicle body."
MOTOR VEHICLE PART
Any physical component of a motor vehicle.
MOTOR VEHICLE STORAGE AND TOWING FACILITY
An establishment which is engaged in the towing of motor vehicles and temporary storage of motor vehicles following physical damage or forced removal from a location within the Village of Chittenango or Town of Sullivan or an accident site. "Temporary," as used herein, is intended to mean not more than 60 days.
[Added 5-21-1996 by L.L. No. 2-1996]
NONCONFORMING BUILDING
A building which in its design or location upon a lot does not conform to the regulations of this chapter or amendments thereto for the zone in which it is located.
NONCONFORMING LOT
A lot of record, existing at the date of the passage of this chapter or amendments thereto, which does not have the minimum width or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
Any legal use of any building, structure or land, existing at the time of enactment of this chapter or amendment thereto, which does not conform to the use regulations of the district in which it is situated.
NOXIOUS MATTER OR MATERIAL
A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects to the physical or economic well-being of individuals.
NURSERY
Any place used as a garden for the open cultivation and growing of trees, shrubs and other plants for the purpose of sale or resale, including the replanting of said plants grown at places other than said "nursery."
NURSERY SCHOOL
A facility established to provide daytime care or instruction for two or more children under six years of age and operated on a regular basis, whether or not for profit.
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
OFFICE BUILDING
A building used primarily for conducting the affairs of a business, profession, service, industry or government or like activity. Such building may include ancillary services for office workers such as a restaurant, coffee shop or newspaper or coffee stand.
OFF-STREET PARKING
The intentional placement of a motor vehicle upon a premises which is not designated as a Village street, county or state road or highway, with the ignition in the "off" position.
[Added 1-27-2015 by L.L. No. 3-2015]
OFF-STREET PARKING LOT
An area of real property which has been principally set aside for off-street parking of motor vehicles. In residential zones SR, LR and MR, that area of real property principally dedicated to parking of motor vehicles and recreational vehicles, for which the square footage (using the required dimensions for parking, specified in § 148-39A of this chapter) exceeds the area calculated for the number of motor vehicles and recreational vehicles principally owned and/or operated by the occupants of the dwelling unit located thereon, plus two additional vehicles for the visitors to the occupants of the dwelling, who may customarily be expected to be at the premises of the occupants at one time.
[Added 1-27-2015 by L.L. No. 3-2015]
OFF-STREET PARKING FACILITIES
One or more structures for which the principal purpose is to provide the aggregate off-street parking for in excess of three motor vehicles of the owners or occupants of the premises, including their respective guests, invitees and licensees.
[Added 1-27-2015 by L.L. No. 3-2015]
OPEN SPACE
That part of the lot area not used for buildings, parking or service. "Open space" may include lawns, trees, shrubbery, garden areas, footpaths, play areas, pools, watercourses, wooded areas and paved surfaces used as access drives but not used for vehicular parking of any kind.
ORNAMENTATION
Ornamentation is typically found on cornices, window heads and sills, corner details and other special conditions on the facade of a structure. Traditional materials within the Village used to construct ornamentation includes decorative brick work, terra cotta, metal, limestone, or other decorative features associated with the exterior of the building.
[Added 10-26-2010 by L.L. No. 7-2010]
OVERLAY DISTRICT
A district which is co-located within, on or with the base zoning district, to modify the site and architectural design criteria and achieve a specific purpose for that district. The regulations of the base zoning district, and all other applicable regulations, remain in effect. If any regulations of the overlay district conflict with the base zoning regulations, the overlay regulations prevail.
[Added 10-26-2010 by L.L. No. 7-2010]
PARKING SPACE UNIT
An off-street space available for the parking of one motor vehicle and giving access thereto and having direct access to a street, highway or alley.
PARTY WALL
A common wall which extends from its footing below grade to, or through, the roof and divides two buildings.
PERFORMANCE STANDARDS
A set of criteria and measurements which:
(1) 
Establishes environmental controls by which proposed land uses and activities can be evaluated and which helps to encourage positive or neutral impacts on the community.
(2) 
Controls the smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosion hazard, glare or heat or radiation hazard generated by or inherent in certain uses of land or buildings.
PERSONAL SERVICE ESTABLISHMENT
A building or facility where personal services such as a dry cleaner, laundry, barber- or beauty shop, tailor, health spa, shoe repair and similar activities are offered to the public for profit.
PLACE OF PUBLIC ASSEMBLY
All buildings or portions thereof, or spaces used or intended to be used, for gathering together 50 or more persons for amusement, athletic, civic, dining, educational entertainment, patriotic, political, recreational, religious, social or similar purposes. Manufacturing establishments and similar employment centers are not considered places of public assembly for purposes of this chapter.
PLANNED UNIT DEVELOPMENT
A parcel of land in single ownership or controlled by a partnership, corporation or cooperative group, which is planned and developed as a unit with all required streets, parking and loading areas, accessory buildings, open space and other site amenities. A "planned unit development" shall involve a detailed plan review and approval in accordance with performance standards and procedures as set forth in § 148-37G(13) of this chapter.
PLANNING BOARD
The Village of Chittenango Planning Board.
PLAT
A map, plan or layout of a Village, town, section or subdivision thereof, indicating the location and boundaries of individual properties.
POLITICAL SIGN
Any sign the message or content of which is designed or intended to influence the action of voters, either for the passage or defeat of any measure or proposition or for the election, reelection or defeat of any candidate or group of candidates for public office, at a national, state or local election.
[Added 12-17-2013 by L.L. No. 8-2013]
PRESCHOOL DAY-CARE CENTER
(See "nursery school.")
PRINCIPAL BUILDING
A building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a building or lot is to be used.
PRINTING AND PUBLISHING
Commercial lithographic printing, gravure printing, lexographic, screen printing, quick printing, manifold business for printing, book printing, and the binding of printed materials to create books, magazines, pamphlets, and other printed materials.
[Added 11-17-2022 by L.L. No. 4-2022]
PUBLIC UTILITY
Any office, equipment, structure, collection and distribution line or pipe, station, exchange or other facility necessary for providing a service by a franchised private enterprise or a government.
PUBLIC UTILITY, LOCAL SERVICE
A system of wires, poles, pipes and other devices used in neighborhoods to provide electric, gas, cable television and telephone services to homes and businesses. "Local service" does not include substations and high-voltage transmission lines.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group of an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a "restaurant."
RIGHT-OF-WAY LINE
The line determining the limit of public ownership of land or rights for purposes such as streets and highways, utilities, easements and other necessary access or egress.
SENIOR HOUSING
A residential facility containing efficiency, one-bedroom and two-bedroom dwelling units designed for and occupied by person 55 years and older as their principal domicile. Such facilities may include assessory social and recreational amenities, as well as meal and health-care-related services.
[Added 8-23-2016 by L.L. No. 1-2016]
SERVICE STATION OR MOTOR VEHICLE SERVICE STATION
Any building, structure or land used primarily for the dispensing, sale or offering for sale of automobile fuels, oils or accessories, including the lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement or rebuilding or painting.
SHOPPING CENTER
A group of commercial, retail and service establishments planned, designed, constructed and managed as a total entity, with customer and employee parking on-site, separate loading facilities and aesthetic controls and complying with the provisions of § 148-37G(15) of this chapter.
SIGN
Any material, symbol, emblem, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out-of-doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or grounds signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.
[Added 12-17-2013 by L.L. No. 8-2013]
(1) 
The term "sign" includes signs related and unrelated to a business or profession or to a commodity or service sold or offered upon the premises where such sign is located.
(2) 
For the purposes of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation, nor does it include flags, emblems or symbols of a nation, governmental body or school, nor memorial tablets or historical markers, nor does it include murals.
SIGN AREA
The area of a sign as measured by the following criteria:
(1) 
When the sign is on a plaque or framed or outlined, all of the area of such plaque or the area enclosed by such frame or outline shall be included.
(2) 
When the sign consists only of letters, designs or fixtures engraved, painted, projected or in any manner fixed on a wall, window or structure, the total area of such sign shall be deemed the area of the smallest triangle, rectangle, polygon or circle within which all of the matter of which the sign consists may be inscribed.
(3) 
For double-faced signs, where the message is the same on both sides, the area of only one side shall be used to determine size.[5]
SIGN, IDENTIFICATION
Any sign portraying information which promotes or gives directions to a person, place, business, product, service, entertainment or other activity located on the same lot where the sign is installed and maintained.
SIGN, OUTDOOR ADVERTISING BILLBOARD
Any device, object or building facade larger than 80 square feet in area, situated on private premises and used for advertising goods, services or places other than those directly related to the premises on which said sign is located.
SIGN, ROOF
A sign erected on, against or above a roof and extending above the highest ridge or point of the roof. If the sign does not extend above the highest ridge or point of the roof and is single-faced, it is considered a wall sign.as indicated in article histories.[6]
SIGN STRUCTURE
Any structural framework or base intended to support a sign or signs, but not including the sign, sign frame or background. Sign structures whose separate nature and purpose as support for a sign or signs is apparent shall not be counted as part of the sign area permitted by this chapter, but any sign structure or portion thereof which, by shape, material, color or other means, serves as a sign box, frame or background or which serves to identify the premises, its proprietors or owners or the products, services or activities provided on the premises shall be considered a sign as defined above.
[Added 12-17-2013 by L.L. No. 8-2013]
SITE PLAN
A plan of a lot or subdivision on which is shown topography, the location of all existing or proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board. (See Article IV.)
SITE SELECTION LAW (PADAVAN BILL)
The state legislation designed to set out procedures superseding local zoning ordinances for the site selection of certain types of community residence (group home) facilities in municipalities. The procedure involves the sponsoring agency notifying the chief executive officer of the municipality where the proposed residence is to be located and giving the officer the opportunity to comment on the proposal. Once a residence has successfully completed the site selection process, it is considered a family unit and is subject only to the regulations in this law governing those units. Those community residences governed by the Site Selection Law are noted in this chapter. Other residences not subject to this law must comply with the special conditions associated with their use.
SOLAR ACCESS
A property owner's right to have sunlight shine on his or her property.
SPECIAL CONDITION
A use which will be permitted in a particular zoning district only when it is determined that any conditions or standards which have been applied to such use have been met. (See § 148-36.)
SPECIAL PERMIT USE
A use which is not permitted by right and which, because of unique characteristics, requires a special permit in accordance with § 148-37 of this chapter.
STEEP SLOPE
Any geographical area, whether on a single lot or not, having a topographical gradient of 15% or greater (ratio of vertical distance to horizontal distance), with a minimum horizontal dimension of 10 feet, whether man-made or natural, and whether created by a retaining structure or not.
[Added 9-27-2016 by L.L. No. 2-2016; amended 3-28-2017 by L.L. No. 2-2017]
STEEP SLOPE PERMIT
The written form of Village approval granted by the approving authority and required by this chapter for the issuance of work permit and conducting any steep slope regulated activity.
[Added 9-27-2016 by L.L. No. 2-2016]
STORAGE, OUTDOOR
The land outside any building or roofed area used for the keeping of goods, supplies, raw materials or finished products.
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 no more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal means of access to the abutting property.
STREET LINE
That line determining the limit of a street or highway right-of-way, either existing or contemplated.
STRUCTURAL ALTERATIONS
See "alterations."
STRUCTURE
Anything constructed or erected, which requires permanent location on the ground or attachment to something having such location.
SWIMMING POOL, PRIVATE
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
SWIMMING POOL, PUBLIC
A public or privately-owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and an off-street parking area.
TATTOO PARLOR
A business which provides the services of persons qualified and competent to administer tattoos to the human body.
[Added 12-18-2012 by L.L. No. 8-2012]
TAVERN, BAR
An establishment where alcoholic beverages are sold to be consumed on the premises, but not including restaurants where the principal business is the serving of food; may or may not have live entertainment.
TAVERN, NONALCOHOLIC
Often referred to as "juice bars"; an establishment which exclusively serves nonalcoholic beverages; the clientele can include adults or minors below the age of 21; may or may not have live entertainment.
TEMPORARY SIGN
Any sign constructed of cloth, paper, canvas, plastic or light fabric, wallboard or other light, impermanent material, with or without frames, intended to be displayed for a limited period of time only.
[Added 12-17-2013 by L.L. No. 8-2013]
TEMPORARY USE
An activity conducted for a specific 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.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOPSOIL
The surface layer of the soil containing more or less organic matter to a depth usually plowed in cultivation.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. (See "bed and breakfast.")
TRAFFIC SIGN OR TRAFFIC CONTROL DEVICE
Any sign, lighting device or other traffic control device, as defined in or by either the New York Vehicle and Traffic Law or Chapter 142 of this Code.
[Added 12-17-2013 by L.L. No. 8-2013]
TREE
Any tree with a diameter of six inches or more at a point which is four feet above grade at the base of the tree, or, in the case of a tree that, without permit issued pursuant to this chapter, has been cut or removed so that the foregoing cannot be determined beyond reasonable doubt, any such tree that shall have a diameter of six inches or more at any point.
[Added 9-27-2016 by L.L. No. 2-2016]
TREE REMOVAL
The cutting down of a tree, or the effective destruction of a tree through intentional damaging, poisoning or other action resulting in the death of a tree.
[Added 9-27-2016 by L.L. No. 2-2016]
TRUE VALUE
The value of a property as a dollar amount derived from the assessed value shown on the tax card, divided by the equalization rate prescribed by the state, as shown in the following example:
Assessed Value
—————————— = True Value
Equalization Rate
VARIANCE
Written authority to depart from or modify the regulations of this chapter, including the use of land, said authority to be granted by the Zoning Board of Appeals in accordance with the provisions of Article X of this chapter.
VILLAGE OF CHITTENANGO SITE AND ARCHITECTURAL DESIGN STANDARDS FOR COMMERCIAL DESIGN OVERLAY DISTRICTS DOCUMENT
The document approved by the Village Board of Trustees which provides site and architectural design guidance for the site plan review process for the Village Planning and Zoning Boards, and for building owners, contractors and developers for new construction projects and for exterior building improvements within the boundaries of the Downtown and Gateway Design Overlay Districts.
[Added 10-26-2010 by L.L. No. 7-2010]
VISION CLEARANCE TRIANGLE
An area at street intersections which is to be kept free from visual obstructions so as to promote the safe movement of vehicular traffic. (See Article III.)
WALL SIGN
Any sign which is painted or imprinted upon, incorporated into or otherwise affixed parallel to an exterior wall or facade of a building or structure, no parts or portions of which sign, its supports or any accessory devices thereof extend or project more than 12 inches from the face plane of such wall or facade.
[Added 12-17-2013 by L.L. No. 8-2013]
WINDOW SIGN
Any sign which is painted, etched, engraved or otherwise permanently bonded to, mounted on or integrated with the surface of any window pane or which is temporarily placed in, hung from or affixed to such window, so as to be publicly visible from any point beyond the property lines of the premises in which it is displayed.
[Added 12-17-2013 by L.L. No. 8-2013]
WINDSTREAM DEVICE
Any one or more devices, whether used singly or in combination, which are designed and intended to wave, flutter, spin, snap or give off some other wind-driven or wind-aided animation effect visible to the normal unaided human eye, including but not limited to pennants, streamers, banners, flags, ribbons, tassels, pinwheels, spinners, whirligigs or other similar such materials or devices.
[Added 12-17-2013 by L.L. No. 8-2013]
WORK PERMIT
The written approval issued by the Code Enforcement Officer permitting the actual commencement and continuation of work within a steep slope regulated area, consistent with the conditions, terms and requirements of the steep slope permit issued by the approving authority.
[Added 9-27-2016 by L.L. No. 2-2016]
YARD
An open area on a lot which is open to the sky and is unoccupied by any land use or activity except as may otherwise be provided in this chapter.
YARD, FRONT
A yard extending across the entire width of the lot between the front lot line and the front yard line. (See the diagram included at the end of this chapter.)
YARD LINE
An imaginary line which is parallel to the lot line along which a required yard must extend and which is not nearer to said lot line than the required minimum yard width or depth as set forth in this chapter.
YARD, REAR
A yard extending across the full width of the lot between the rear yard line and the rear lot line. (See the diagram included at the end of this chapter.)
YARD, SIDE
A yard extending from the front yard to the rear yard and between the side yard line and the side lot line. (See the diagram included at the end of this chapter.)
ZERO LOT LINE DEVELOPMENT
The construction of three or more detached one-unit dwellings on lots without a side yard requirement on one side of the lot or, alternatively, without a rear yard requirement, and constructed in accordance with the provisions of § 148-37G(3) of this chapter.
ZONING BOARD
The officially established Zoning Board of Appeals of the Village of Chittenango.
ZONING PERMIT
A permit issued by the Zoning Enforcement Officer for 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 to be located.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
[2]
Editor’s Note: The Zoning Map is available in the Village offices or through the Village's online version of the Code (eCode360®).
[3]
Editor’s Note: The Zoning Map is available in the Village offices or through the Village's online version of the Code (eCode360®).
[4]
Editor's Note: See Environmental Conservation Law § 8-0105 et seq.
[5]
Editor's Note: The former definition of "sign, freestanding," which immediately followed this definition, was superseded 12-17-2013 by L.L. No. 8-2013. See now "freestanding sign."
[6]
Editor's Note: The former definition of "sign, wall," which immediately followed this definition, was superseded 12-17-2013 by L.L. No. 8-2013. See now "wall sign."