ln order to encourage the most appropriate use
of land and to protect and conserve the value of property and to promote
the health, safety, morals and general welfare of the community, this
chapter has been established to regulate the location, use and occupancy
of buildings and the use of land for trade, industry, residence and
other uses; to regulate and determine the area of yard and other open
spaces; to regulate the density of population and, for said purpose,
to divide the Village into districts; to provide for its enforcement
and administration; and to prescribe penalties for the violation of
its provisions.
This chapter may be known and may be cited as
the "Village of Greene Zoning Law."
For the purpose of this chapter, certain terms
and words shall be interpreted to have the following meanings:
A.
Words used in the present tense include the future.
B.
The plural includes the singular.
C.
The word "plot" includes the word "lot."
D.
The word "building" includes the word "structure".
E.
The word "shall" is intended to be mandatory.
F.
The word "occupied" includes the words "designed,
intended or arranged for occupancy."
G.
The word "person" may include more than one, an association,
a copartnership or a corporation.
For the purpose of this chapter, certain terms
and words are herewith defined as follows:
A detached, subordinate building, the use of which is customarily
incidental to that of a principal building and located on the same
lot with such principal building, not intended for living purposes.
A detached, subordinate structure (such as a satellite dish),
the use of which is customarily incidental to that of a principal
building and located on the same lot with such principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use.
A structure having a roof supported by columns or walls,
including a mobile or modular home, whether permanently installed
or not.
A single lot containing a building, a group of buildings
or a portion thereof containing three or more dwelling units, each
unit having a minimum of 800 square feet.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
An assemblage of equipment designed to receive energy from
a high-voltage distribution supply system, to convert it to a form
suitable for local distribution and to distribute the energy to feeders
through switching equipment designed to protect the service from the
effects of faults.
One or more persons, whether or not related
to each other by blood, marriage or adoption, all living together
as a single, stable and bona fide housekeeping unit, so long as such
persons together occupy and own, lease or rent the whole of a separate
building or dwelling unit in a family-like living arrangement as the
functional and factual equivalent of a natural family and use all
rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed
to constitute a "family" if any one of such persons may not have lawful
access to all parts of the separate building or dwelling unit from
any other person.
It shall be presumed that a separate building
or dwelling unit is occupied by more than one family if any two or
more of the following features may be found to exist by the Village
Clerk (or other person designated by the Mayor and Board of Trustees
to enforce this chapter): more than one mailbox, mail slot or post
office address; more than one doorbell or doorway on the same side
of the separate building or dwelling unit; more than one electric
meter; more than one gas meter; more than one connecting line for
cable television; separate entrances for segregated portions of the
separate building or dwelling unit; partitions or locked internal
doors barring access between segregated portions of the separate building
or dwelling unit, including bedrooms; separate written or oral leases
or rental agreements or the payment of rent for portions of the separate
building or dwelling unit among its owner and residents; or two or
more kitchens, each of which contains a range or oven, refrigerator
and sink, unless it is otherwise proven by evidence presented to the
Village Clerk (or other person designated by the Mayor and Board of
Trustees to enforce this chapter) by the owner or resident of the
separate building or dwelling unit that it is occupied by one "family"
(all as defined in this section). The presumption provided for in
this subsection shall be rebuttable. Such presumption shall not preclude
the Village Clerk (or any other person designated by the Mayor and
Board of Trustees for enforcement of this chapter) from making a determination
that the separate building or dwelling unit is not occupied by one
family based on other facts, whether or not listed in this subsection.
The Village Clerk or agent thereof (or other
person designated by the Mayor and Board of Trustees to enforce this
chapter) shall make the primary determination as to the application
of this definition of "family" for the purposes of compliance with
any provisions of this chapter and the New York State Uniform Fire
Prevention and Building Code based upon his or her inspection of the
premises and any information he or she may receive from the residents
thereof or any other persons or documentary or any other written evidence
as to the condition of the premises or the relationship and living
arrangements of the residents, in consultation with the Village Attorney,
and his or her determination shall be presumed to be correct and final,
subject to review of or appeal to the Board of Appeals and judicial
review as provided by law.
Any one customarily conducted entirely within a dwelling
and carried on only by the residents thereof, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof.
A parcel of land occupied or capable of being occupied by
a building or buildings and accessory buildings and/or uses, including
such open spaces as are required by this chapter.
The total horizontal area included within lot lines.
A lot situated at the intersection of two or more streets
or highways.
The mean horizontal distance between the front and rear lot
lines measured along the median between the two side lot lines.
The lot line which abuts upon a street.
The mean horizontal distance measured at right angles to
its depth along the front lot line.
A building or structure or portion thereof lawfully existing
on the effective date of this chapter or subsequent amendment thereto,
which does not completely conform to the regulations applicable in
the district in which it is located.
A use of land or of a building or portion thereof lawfully
existing on the effective date of this chapter or subsequent amendment
thereto, which does not conform to the uses permitted in the district
in which it is located.
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, gas, electric,
telephone or other public utility service.
AREA VARIANCEThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
A yard extending across the full width of a lot and lying
between the front lot line of the lot and the front line of the principal
building.
A yard extending across the full width of a lot and lying
between the rear lot line of the lot and the nearest line of the principal
building.
A yard between a side lot line of a lot and the nearest line
of the principal building and extended from the front yard to the
rear yard.
