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.")
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.
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.
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]
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.
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. 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, 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, 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, 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.
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 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.
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.
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 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 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. Such retail activity
shall not include the sale, promotion, transfer or dispensing of items
commonly associated with the use of controlled substances and sold
in businesses known, and defined herein, as "head shops." (See "gasoline
convenience market.")
[Amended 7-27-2023 by L.L. No. 5-2023]
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 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.
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]
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.
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.
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.
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.
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.