This chapter shall be known and cited as the
"Village of Fair Haven Zoning Law."
Such regulations shall be made to promote the
health, safety, morals and general welfare of the community; to lessen
congestion in the streets; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the overcrowding
of land; to avoid concentrations of population; and to facilitate
the adequate provision of transportation, water, sewage, schools,
parks and other public requirements under and pursuant to Article
7 of the Village Law of the State of New York. The size of buildings
and other structures, the percentage of lot that may be occupied,
the size of yards, 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.
A.
For the purpose of this chapter, words and terms used
herein shall be interpreted as follows;
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person' includes a corporation, partnership
and, as well, the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is mandatory.
(6)
The words "used or occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be occupied."
B.
Any word or term not defined herein shall be used
with a meaning of standard usage.
C.
ACCENT COLOR
ACCESSORY BUILDING
ACCESSORY USE
ALTERATIONS
AREA
(1)
(2)
(3)
AUTOMOTIVE BUSINESS
AWNING/CANOPY
BASEMENT
BAY
BED-AND-BREAKFAST
BODY COLOR
BUILDING
(1)
(2)
BUILDING HEIGHT
BUILD-TO LINE
CELLAR
CONTRACTING BUSINESS
CRAFT BEVERAGE INDUSTRY
CUSTOMARY AGRICULTURAL ACTIVITIES
DWELLING
(1)
(2)
(3)
(4)
(5)
(6)
EDUCATIONAL USE
FACADE
FAMILY
FINANCIAL INSTITUTION
FLAT ROOF
FREESTANDING SIGN
GENERAL MAINTENANCE
GRADE PLANE
GROUND FLOOR
HOME OCCUPATION
HOTEL, INN, OR MOTEL
INSTITUTIONAL USE
LOT
(1)
(2)
(3)
(4)
(5)
LOT LINE
MANUFACTURED HOME
MASONRY
MEDICAL OFFICE
MOBILE HOME
OFFICE AND PROFESSIONAL BUSINESS
OPEN SPACE
PARAPET WALL
PRIMARY FACADE
PRIMARY FRONTAGE
PRIVATE CLUB
PROJECTING SIGN
RECREATION SPACE
REFUSE STORAGE AREA
REFUSE STORAGE UNIT
RETAIL BUSINESS
RESTAURANT
RIGHT-OF-WAY
RIGHT-OF-WAY LINE
ROOF LINE
ROOMER, BOARDER OR LODGER
SECONDARY FACADE
SECONDARY FRONTAGE
SERVICE BUSINESS
SEWER
SIGN
STOREFRONT
STORY
STREET
STREET LINE
STRUCTURE
TAVERN OR BAR
TOURIST HOME OR BED-AND-BREAKFAST
TRAVEL TRAILER AND/OR RECREATIONAL VEHICLE
TRIM COLOR
USE
USE, PRINCIPAL
VEHICULAR SIGHT TRIANGLE
WROUGHT IRON-STYLE
YARD
(1)
(2)
(3)
(4)
YEAR-ROUND OPAQUE VEGETATION
ZONING OFFICER
Unless a contrary intention clearly appears, the following
words and phases shall have, for the purpose of this chapter, the
meanings given in the following clauses:
A color in a building's color palette which is used for emphasis.
This color can be more bold or vivid than the body or trim color,
but should be used sparingly to create emphasis, contrast, or rhythm.
[Added 4-22-2019 by L.L.
No. 2-2019]
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. This definition does not include sheds as defined, regulated, and permitted under Chapter 117 of the Village of Fair Haven Code.
[Added 4-22-2019 by L.L.
No. 2-2019]
A use customarily incidental and subordinate to the principal
use, which is located on the same lot.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
LOT AREAThe total area contained within the property lines of an individual parcel of land, excluding any area within existing street right-of-way.
BUILDING AREAThe total or areas taken on horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
FLOOR AREAThe sum of the gross horizontal area of the several floors of a building, excluding cellar and basement floor areas not devoted to residential use. "Floor area" does not include cellars, unenclosed porches or accessory buildings not used for human occupancy.
Shall include the repair of vehicles and sale of gasoline,
but not including junkyards or parts-reclamation businesses.
[Added 4-22-2019 by L.L.
No. 2-2019]
A roof-like structure of fabric stretched over a ridged frame,
designed and intended for protection from weather or as a decorative
embellishment, and which projects from the facade of a building over
a window or door.
[Added 4-22-2019 by L.L.
No. 2-2019]
A story partly underground, but having 50% or more of its
height, measured from floor to ceiling above the grade plane. A basement
shall be counted as a story for the purpose of determining the number
of stories and floor area.
[Added 6-9-2014 by L.L. No. 1-2014]
A major spatial division, usually one of a series, marked
or partitioned off by the principal vertical supports of a structure.
[Added 4-22-2019 by L.L.
No. 2-2019]
A transient lodging establishment in a single-family dwelling
with five or fewer rooms for rent; is occupied full-time by an owner
or operator; and in which the only meal served to guests is breakfast.
[Added 4-22-2019 by L.L.
No. 2-2019]
The main color of a building's color palette used over the
majority of the facade surface. Can be a paint color or a natural
building material, i.e., brick.
[Added 4-22-2019 by L.L.
No. 2-2019]
[Amended 4-22-2019 by L.L. No. 2-2019]
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.[1]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and mean height between eaves of mansard roofs and the mean
height between eaves and the ridge for gable, hip and gambrel roofs.
A line parallel to the property line along which a building
shall be built. Usually used to ensure that the front facade of adjacent
buildings are even with one another.
[Added 4-22-2019 by L.L.
No. 2-2019]
A story, partly underground and having more than 50% of its
height, measured from floor to ceiling, below the grade plane. A cellar
shall not be considered in determining the permissible number of stories
and floor area.
[Added 6-9-2014 by L.L. No. 1-2014]
Shall include but not be limited to the following: electrical,
heating, masonry and general construction.
[Added 4-22-2019 by L.L.
No. 2-2019]
Land and buildings used for the production and sale of craft
beverages, including offering of tastings with or without an accessory
restaurant use. Examples of craft beverage industries include wineries,
breweries, cideries, and distilleries; and includes operations that
are classified as either a "regular," "farm," "special," or "micro"
based operation by the NYS Alcohol and Beverage Control Law.
[Added 4-22-2019 by L.L.
No. 2-2019]
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation.
[Added 4-22-2019 by L.L.
No. 2-2019]
DORMITORYA building or part thereof used as group quarters for unrelated individuals sharing common cooking, social and hygienic facilities.
DWELLINGA building designed or used exclusively for living quarters for one or more families.
ONE-FAMILY DWELLINGA detached building designed for or occupied exclusively by one family. The term "one-family dwelling" shall not include "mobile homes" or "manufactured homes" as those terms are defined in Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.
[Amended 6-9-2014 by L.L. No. 1-2014]
DWELLING UNITAny room or group of rooms located within a residential building an forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
TWO-FAMILY DWELLINGA building designed for or occupied exclusively by two families living independently of each other.
MULTIPLE DWELLINGA building or portion thereof containing three or more dwelling units.
The use of land or a building or buildings as or for the
establishment of a public or private college, secondary or elementary
school or other educational institution.
[Added 4-22-2019 by L.L.
No. 2-2019]
The front of a building or any of its sides facing a public
right-of-way or space, especially one distinguished by its architectural
treatment.
[Added 4-22-2019 by L.L.
No. 2-2019]
One or more person living, sleeping, cooking and eating on
the same premises as a single housekeeping unit.
Provision of financial and banking services to consumers
or clients. Walk-in and drive-in services to consumers are generally
provided on site. Typical uses include banks, savings and loan associations,
savings banks, credit unions, lending establishments, etc.
[Added 4-22-2019 by L.L.
No. 2-2019]
A roof having no slope, or one with only a slight pitch so
as to drain rainwater.
[Added 4-22-2019 by L.L.
No. 2-2019]
A sign that is attached to, erected on, or supported by some
structure (such as a pole, mast, frame, or other structure) that is
not itself an integral part of or attached to a building or other
structure whose principal function is something other than the support
of a sign.
[Added 4-22-2019 by L.L.
No. 2-2019]
For the purposes of this definition, general maintenance
shall apply to exterior building elements, including but not limited
to the roof, facade, windows, doors, trim, or other architectural
elements. General maintenance shall be deemed as any cleaning, replacement,
or repair of a minor part or parts of a building or structure which
are defective or have been degraded by ordinary wear and tear or by
the weather which may or may not require a building permit; is not
considered construction, relocation, or alteration; and which does
not alter the basic design or structure of the building. Painting
is considered general maintenance.
[Added 4-22-2019 by L.L.
No. 2-2019]
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the referenced plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
[Added 6-9-2014 by L.L. No. 1-2014]
The floor of a building at or nearest to ground level.
[Added 4-22-2019 by L.L.
No. 2-2019]
An activity customarily carried on in a dwelling unit or
in a building or other accessory structure to a dwelling unit, for
profit, by members of the immediate family residing in that dwelling
unit; and which activity is clearly incidental to the principal use
of any dwelling. In particular, a home occupation includes the following
or similar uses: accountant, billing service, or bookkeeper; answering
service; architect or engineer; artist or graphic designer studio;
author or writer; beauty or barber shop; business support service;
chiropractor or massage therapist; consultant service; daycare for
less than six children or adults at any one time as permitted and
licensed by the state; dressmaking or tailor shop; financial planner;
foundation or not-for-profit; handcrafts shop; lawyer; management
consultant; photographer; software or website engineer or developer;
or tutor and/or educational services (of not more than four pupils
simultaneously). The following uses are not considered to be home
occupations: shooting ranges using either guns or archery equipment;
automotive repair or sales; heavy equipment repair; gun and ammunition
sales, repair, or manufacture; and taxidermy.
[Added 4-22-2019 by L.L.
No. 2-2019]
A building or group of buildings in which lodging is provided
and offered to the public for compensation; which is open to transient
guests; and is not a bed and breakfast as herein defined.
[Amended 4-22-2019 by L.L. No. 2-2019]
Public and public/private group use of a nonprofit nature,
typically engaged in public service (e.g., houses of worship, nonprofit
cultural centers, and charitable organizations).
[Added 4-22-2019 by L.L.
No. 2-2019]
LOTA parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
CORNER LOTA parcel of land at the junction of and fronting on two more intersecting streets.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line measured in the general direction of the sidelines of the lot.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
Any boundary line of a lot.
Shall have the same meaning as set forth in Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.
[Added 6-9-2014 by L.L. No. 1-2014]
A building material which includes all stone products, natural
or manufactured, such as brick or concrete block, including decorative
and customized blocks, usually with the use of mortar as a bonding
agent.
[Added 4-22-2019 by L.L.
No. 2-2019]
A building used exclusively by physicians, dentists, and
similar personnel for the treatment and examination of patients solely
on an outpatient basis, provided that no overnight patients shall
be kept on the premises. This term shall also include a clinic for
outpatients, including an urgent care facility.
[Added 4-22-2019 by L.L.
No. 2-2019]
The office of a member of a recognized profession maintained
for the conduct of business in any of the following related categories:
architectural, engineering, planning, law, interior design, accounting,
insurance, real estate, or any similar type of profession.
[Added 4-22-2019 by L.L.
No. 2-2019]
Any space or area characterized by great natural scenic beauty
or whose existing open space, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding urban development or would maintain or enhance
the conservation of natural or scenic resources.
A low, protective wall at the edge of a roof, especially
the part of an exterior wall, fire wall, or party wall, which extends
above the roof line.
[Added 4-22-2019 by L.L.
No. 2-2019]
The side of a building oriented toward a primary street or
oriented toward the primary frontage of a secondary street. The main
entrance to any building shall be located on the primary facade. Buildings
which have side and rear facades facing a primary street shall treat
all such facades as primary facades.
[Added 4-22-2019 by L.L.
No. 2-2019]
The street frontage of a parcel to which the direction of
the primary facade and the main building entrance are oriented.
[Added 4-22-2019 by L.L.
No. 2-2019]
Includes a private club or lodge for members only and operated
not-for-profit.
[Added 4-22-2019 by L.L.
No. 2-2019]
A sign attached to and projecting out from a building face
or wall, generally at right angles to the building. Projecting signs
include signs that are totally in the right-of-way, partially in the
right-of-way, or fully on private property.
[Added 4-22-2019 by L.L.
No. 2-2019]
The sum of all open or covered areas used for recreation
purposes.
An area on a property where refuse (trash, garbage, recycling,
etc.) is collected and stored until it is either put on the curb,
picked up, or disposed of by a contracted company or taken off site
and disposed of by the property owner. Such areas shall be enclosed
or screened, kept clean and free of rodents.
[Added 4-22-2019 by L.L.
No. 2-2019]
A container (trash can, dumpster, recycling bin, etc.) used
to collect refuse before it is properly disposed of or picked up by
a contracted company.
[Added 4-22-2019 by L.L.
No. 2-2019]
Shall include, but not be limited to the following: shops
and stores for the sale of books, beverages, confections, drugs, dry
goods, flowers, foodstuffs, gifts, hardware, household appliances,
jewelry, notions, periodicals, stationery, tobacco, paint, furniture,
and wearing apparel.
[Added 4-22-2019 by L.L.
No. 2-2019]
A place for the sale and consumption of food and beverages.
A strip of land taken or dedicated for use as a public way.
In addition to the roadway, it normally incorporates the curbs, lawn
strips, sidewalks, lighting, and drainage facilities.
[Amended 4-22-2019 by L.L. No. 2-2019]
The lines that form the boundaries of a right-of-way.
[Added 4-22-2019 by L.L.
No. 2-2019]
The edge of the roof around the building where the wall intersects
with the eaves of the roof. In the cases where there is a parapet
wall on the building the roof line shall be considered the line where
the roof and the bottom of the parapet wall meet.
[Added 4-22-2019 by L.L.
No. 2-2019]
A person occupying any room or group of rooms forming a single
habitable unit, used or intended to be used for living and sleeping,
but not for cooking for eating purposes, and paying compensation for
lodging or board by prearrangement for a week or more at a time, to
an owner or operator. Any person occupying such room or rooms, and
paying such compensation without prearrangement or for less than a
week at a time, shall be classified, for purposes of this chapter,
not as a "roomer," "boarder" or "lodger" but as a "guest of a commercial
lodging establishment" (motel, hotel, tourist home or bed-and-breakfast).
All sides of a building not considered a primary facade shall
be considered a secondary facade.
[Added 4-22-2019 by L.L.
No. 2-2019]
All street frontages which are not deemed a primary frontage
shall be considered a secondary frontage.
[Added 4-22-2019 by L.L.
No. 2-2019]
Shall include but not be limited to the following: barbershop;
beauty shop; laundry or cleaning agency or self-service laundry; tailor
or printing shop; photo studio; caterer; repair shop for appliances,
bicycles, watches or shoes; and carpentry or plumbing shop.
[Added 4-22-2019 by L.L.
No. 2-2019]
Any municipally or privately owned sewer system in which
sewage is collected from a building piped to and approved sewage disposal
plant or central septic tank disposal system. It may also be referred
to as an "off-site sewer."
See Article VI.
Building facade for the ground floor (at street level), facing
the street, which is usually associated with commercial uses; and
incorporates some display windows which are visible from a street,
sidewalk, or other pedestrian way accessible to the public, or adjacent
public or private property.
[Added 4-22-2019 by L.L.
No. 2-2019]
That portion of a building enclosed between the surface of
any floor and the surface of the floor immediately above it or, if
there is no floor above it, then the space between any floor and ceiling
next above it (see "basement," "cellar").
[Amended 6-9-2014 by L.L. No. 1-2014]
A public or private way, used or intended to be used for
passage or travel by automobiles, which affords access to abutting
properties.
The dividing line between the street and the lot. The "street
line" shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the "street line."
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
A building or portion thereof whereby the principal use is
for the consumption of alcoholic and nonalcoholic beverages.
A residential dwelling occupied by an owner, providing shelter
or food and shelter to travelers or short-term guests.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses, having a body width not exceeding eight feet and
body length not exceeding 35 feet.
A color in a building's color palette which is used for finished
woodwork and other trim elements typically used to decorate, border,
or protect the edges of openings or surfaces. This color should not
be as bold or vivid as an accent color and may be used more frequently.
[Added 4-22-2019 by L.L.
No. 2-2019]
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
The main use of a lot.
An appropriately sized area of land at the intersection of
streets, or a street and a driveway, within which nothing may be erected,
planted, placed, or allowed to grow in a manner which will obstruct
the vision of motorists entering or leaving the intersection.
[Added 4-22-2019 by L.L.
No. 2-2019]
A decorative contemporary metal feature (i.e., a bench, fence,
etc.) which has been designed and painted/colored to mimic traditional
wrought iron metal works.
[Added 4-22-2019 by L.L.
No. 2-2019]
YARDAn open space unobstructed from the ground up on the same lot with a principal structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
YARD, FRONTA yard between a principal structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are "front yards." In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are "front yards."
YARD, REARA yard between a principal structure and a rear lot line extending the entire length of the rear lot line.
YARD, SIDEA yard between a principal structure and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a "side yard."
Evergreen vegetation which will provide an opaque (non-see-through)
screen for 12 months out of the year. Often used as an alternative
to or in combination with a fence to achieve the required screening
of refuse storage areas or parking lots.
[Added 4-22-2019 by L.L.
No. 2-2019]
An individual employed by the Village and authorized to enforce
the provisions of this Zoning Law.
[Added 4-22-2019 by L.L.
No. 2-2019]
