For the purpose of this chapter, all words used
in the present tense shall include the future tense. All words in
the plural number shall include the singular number and all words
in the singular number shall include the plural number, unless the
natural construction of the word indicates otherwise. The word "person"
includes a firm, association, organization, partnership, trust, company
or corporation as well as an individual. The word "may" is permissive.
The words "used" or "occupied" include the words "intended, designed
or arranged to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by an extension on a side or by an increase in height, or
the moving from one location or position to another.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. Such areas shall
be computed by using outside building dimensions.
The total of areas taken on a horizontal plane on each and
every floor, including subgrade levels used for commercial purposes.
Such area shall be computed using outside building dimensions.
The floor area within surrounding walls of a building or
portion thereof.
[Added 11-10-1997 by L.L. No. 4-1997]
The total of areas taken on a horizontal plane on each and
every floor, including subgrade levels used for commercial purposes.
Such area shall be defined by interior permanent walls describing
the perimeter of the use, excluding such areas as halls, stairs, bathrooms
and storage.
An establishment used primarily for the dispensing or sale
of alcoholic beverages by the drink for on-site consumption.
[Added 4-10-2023 by L.L. No. 4-2023]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building. See "cellar."
[Amended 11-10-1997 by L.L. No. 4-1997]
An owner-occupied building designed, used and occupied as
a single-family residence having, as an accessory use therein, guest
rooms and facilities for and serving breakfast prepared within the
building to registered guests.
[Added 8-10-1992 by L.L. No. 4-1992]
Any dwelling in which more than four persons, either individually
or as families, are housed or lodged for hire, with or without meals.
A lodging house, rooming house or a furnished rooming house shall
be deemed a "boardinghouse."
[Amended 11-10-1997 by L.L. No. 4-1997]
A continuous strip of trees and/or shrubs not less than six
feet in height densely planted so as to restrict a clear view beyond
said strip.
Any structure having a roof supported by columns, piers or
walls and intended for the shelter, housing or enclosure of persons,
animals or chattels.
A building surrounded by open space on the same lot.
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 decklines of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
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, not including entrance, steps, cantilever,
chimney or roof overhang open to light, air and visibility. All yard
requirements are measured to the "building line."
[Amended 11-10-1997 by L.L. No. 4-1997]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building. See "basement."
[Amended 11-10-1997 by L.L. No. 4-1997]
A certificate which shall be issued by the Zoning Officer,
subject to the approval of the Code Enforcement Officer, upon completion
of construction, alteration or change in the occupancy of a building.
Said "certificate" shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Appeals and/or all other applicable requirements.
Care for a child on a regular basis provided away from the
child's residence for less than 24 hours per day by a day-care center
with a valid license from the State of New York, excluding care provided
in a family day-care home or group family day-care home, as those
terms are defined in the Social Services Law and Part 415 of the New
York State Codes, Rules and Regulations.
[Added 11-10-1997 by L.L. No. 4-1997]
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses,
convents and such accessory uses.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities,
except as required generally for the membership and purposes of such
club.[1]
Living units as defined by Article 9-B of the Real Property
Law entitled "Condominium Act," as the same may be amended from time
to time. All definitions in said Condominium Act are incorporated
herein by reference. They are a form of ownership of multiple housing
units which may be built in the R-D and R-E Residential Districts.
That percentage of the plot or lot area covered by the building
area.
A manufactured or constructed platform, the use of which
is incidental to the use of a building or structure.
[Amended 11-13-2018 by L.L. No. 6-2018]
A private passageway for vehicles on a lot, exclusive of
turnarounds, parking areas, and the like.
[Amended 1-9-2006 by L.L. No. 1-2006[2]]
The building used or designed as a residence for three or
more families living independently of each other.
A detached building and dwelling unit designed for or occupied
exclusively by one or more persons living as a single nonprofit housekeeping
unit.
Includes the following separate rooms or a combination
thereof:
A kitchen;
A dining room;
A living room;
A combination kitchen and dining room with a
separate living room;
A separate kitchen with a combined living room
and dining area, provided that in no case shall a kitchen be combined
with a living room;
A bathroom with toilet and bath facilities;
A master bedroom;
A second bedroom; and/or
An outdoor patio.
No additional room shall be permitted, except
hallways and suitable closet and storage space, unless such extra
room is clearly designated as an additional bedroom.
A detached building containing two dwelling units.
One or more rooms providing living facilities for one family,
including equipment for cooking and provisions for the same.
A person 60 years of age or older.
The erection, construction, alteration or maintenance by
public utilities, telephone or municipal or other governmental agencies
of underground or overhead gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by such public utilities or municipal
or other governmental agencies or for the public health, safety or
general welfare.
Any number of individuals living together as a single housekeeping
unit and preparing their food as one unit.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
Floor areas of unspecified usage. Such areas shall be defined
by interior permanent walls describing the perimeter of the space
or, if none, by the outside building dimensions.
A raised platform serving the front entrance of a house covered
by a roof and open to the air with no walls.
[Added 11-13-2018 by L.L.
No. 6-2018]
A building used as an accessory to the main building, which
provides for the storage of motor vehicles and in which no occupation,
business or services for profit is carried on.
Any garage other than a private garage, available to the
public, operated for gain and which is used for the storage or repair
of automobiles or other motor vehicles, including the supply of gasoline
or oil or other fuel for vehicular propulsion incidental to such storage
or repair.
Two or more multifamily dwellings designed and erected as
an integrated development and singleness of use and operation and
which utilizes such common facilities as pedestrian walks, parking
and garage areas, open space or recreation areas and utility and sanitary
systems.
A boat or vessel having a passenger capacity less than 17,
let or hired for operation upon the waters of the Erie Canal for definite
or indefinite periods of time.
[Added 4-8-1996 by L.L. No. 4-1996]
A nonresidential use clearly incidental to the residential
use of the premises.
Any home occupation which is not a minor home occupation.
[Added 10-15-1996 by L.L. No. 7-1996]
Any home occupation which:
[Added 10-15-1996 by L.L. No. 7-1996]
Involves no person other than persons residing
on the premises;
Shows no visible evidence from the exterior
of the dwelling unit of the conduct of the occupation;
Generates no additional traffic nor the need
for off-street parking beyond the customary needs of the occupants
of the dwelling unit;
Uses no equipment which would not customarily
be used by the occupants of a dwelling unit;
Is not advertised by street address; and
Is conducted entirely inside the principal dwelling
unit or other structure on the premises.
Unless otherwise specified, includes a sanitarium, sanatorium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place for the diagnosis, treatment or other care of ailments
and shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in which no
provision is made for cooking in any individual room or suite. A boatel
is defined similarly except that a boatel will provide dockage facilities.
The terms "hotel" and "boatel" exclude bed-and-breakfast uses as defined
herein.
[Added 4-6-1999 by L.L. No. 3-1999]
A facility offering overnight lodging accommodation with
no more than 14 guest rooms.
[Added 7-11-2016 by L.L.
No. 3-2016]
A voluntary arrangement whereby two or more parcels in reasonable
proximity share off-street parking facilities. The total of such facilities
may be less than the sum required of the various buildings or uses
computed separately if there is no overlap of hours of operation or
use between or among the parcels involved.
See "boardinghouse."
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the "lot" is a part.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating the "lot area."
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which may be devoted to building
area.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the street at two equidistant points
on the front lot lines and in the general direction of said lot lines.
A lot line or portion thereof which is coexistent with a
street line. In the case of a street of undefined width, said lot
lines shall be assumed to parallel the center line of the street at
a distance of 25 feet therefrom.
The horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
The development of a single tract or parcel of land, building
or structure with two or more different uses such as (but not limited
to) residential, office, commercial, public or recreational.
[Added 4-6-1999 by L.L. No. 3-1999]
See "trailer coach."
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means.
A building owned and used by any municipality, it being understood
that a "municipal building" shall only be constructed in an area where
its utilization will be compatible with the surrounding zoning requirements.
A building which, in its design or location upon a lot, complied
with applicable zoning regulations when constructed, but does not
conform to the regulations of this chapter for the zone in which it
is located.
[Amended 11-10-1997 by L.L. No. 4-1997]
A lot of record existing on January 1, 1972, which currently
does not have the minimum width or depth or contain the minimum area
for the zone in which it is located.
[Amended 11-10-1997 by L.L. No. 4-1997]
Use of a building or of land, lawful in its inception, that
does not currently conform to the regulations of the zone in which
it is located.
[Amended 11-10-1997 by L.L. No. 4-1997]
The specific purpose for which land or a building is used,
designed or maintained.
An unoccupied space open to the sky on the same lot with
a principal and/or accessory building.
A paved area appurtenant and contiguous to a driveway used
for parking a vehicle.
[Added 1-9-2006 by L.L. No. 1-2006[3]]
An off-street space available for the parking of a motor
vehicle, not less than nine feet wide and 19 feet long, exclusive
of passageways and driveways appurtenant thereto and providing access
thereto. Parking spaces shall conform to the Schedule of Parking Space
Dimensions.
[4]A wall on an interior lot line used or adapted for joint
service between two or more townhouse units which shall be constructed
with a fire-resistance rating of at least two hours.
A retail establishment providing personal grooming services.
[Added 11-10-1997 by L.L. No. 4-1997]
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on or off
the premises.
[Added 4-10-2023 by L.L. No. 4-2023]
A building or buildings having one or more dwelling units,
whether provided with cooking facilities or not, which are used only
on a seasonal basis, which covers the period from May 1 to September
30 of each year.
A home shared by up to eight elderly adults sharing a common
kitchen and laundry facilities in which no personal care or skilled
nursing services are provided, owned and operated by a municipality
or a nonprofit organization.
As defined in Chapter 408, Signs, of the Code of the Village of Fairport.
As defined in Chapter 408, Signs, of the Code of the Village of Fairport.
As defined in Chapter 408, Signs, of the Code of the Village of Fairport.
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth herein, which shows
the arrangement, layout and design of the proposed use of a single
parcel of land.
[Amended 11-10-1997 by L.L. No. 4-1997]
Authorization of a particular land use which is permitted
hereunder, subject to conditions imposed herein to assure that the
proposed use is in harmony with this chapter and will not adversely
affect the neighborhood in which it is located if such conditions
are met.
[Amended 11-10-1997 by L.L. No. 4-1997]
A residential building divided vertically so that the level
of rooms in one part is approximately midway between the levels of
two successive stories in an adjoining part.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such "half story." A
basement shall also be included as a "half story."
A public thoroughfare which has been dedicated or deeded
to the public for public use and which has been improved in accordance
with municipal standards.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
Anything built or erected, other than a building, which rests
upon or in the ground or requires the support of the ground or is
attached to any building, including excavations.
A public or privately owned pool open to the general public
on a membership basis and having appropriate dressing-room facilities,
recreational facilities and off-street parking areas.
A private swimming pool associated with a residential dwelling
unit or units and located on an individual residential lot. This term
shall include so-called "hot tubs" and "personal spas."
[Amended 11-10-1997 by L.L. No. 4-1997]
A boat or vessel having a passenger capacity greater than
16, to provide tours or excursions on the waters of the Erie Canal.
[Added 4-8-1996 by L.L. No. 4-1996]
A structure arranged for not fewer than three nor more than
eight townhouse units, each separated by party walls.
Two or more townhouse buildings located on a parcel or parcels
of land in one ownership at the time of application for site plan
approval and having any yard, court, street or other improvements
in common.
Single-family dwellings which are attached units constructed
in one building or a group of buildings which are located on separate
lots with zero side setbacks and have common elements for the use
of all residents.
An individual dwelling in a townhouse building with provisions
for living, sanitary and sleeping facilities arranged for the use
of one family.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers and "trailer coaches," excepting
therefrom travel trailers which are under eight feet in width and
under 25 feet in length and which are not used for purposes of day-to-day
habitation.
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and courts.
A paved area appurtenant and contiguous to a driveway used
for manipulating a vehicle.
[Added 1-9-2006 by L.L. No. 1-2006[5]]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
All uses that cannot exist in any other location and are
dependent on the water by reason of the intrinsic nature of their
operations. Examples of water-dependent uses are marinas, docking
basins, boat slips and docks, marine repair shops and service shops
and boat launching ramps.
[Added 4-6-1999 by L.L. No. 3-1999]
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building, projected to the
side line of that lot. In the R-A Residential District, all yards
abutting on a public street shall be considered front yards and shall
conform to the minimum front yard requirements for the R-A Residential
District. In other use districts, the front yard of a corner lot shall
be the yard with the narrower lot frontage or, in the case of a corner
lot having two equal lot frontages, the yard abutting the more traveled
street. The front setback line shall be synonymous with the rear limit
of the required "front yard" area.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. On corner lots in the R-A Residential District, that
area between that part of a building nearest each side line which
has the larger amount of square feet shall be considered the rear
yard. The depth of a rear yard shall be measured at right angles to
the rear line of the lot or, if the lot is not rectangular, then in
the general direction of its side building lines.
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard. On corner lots in the R-A Residential District,
that area between that part of a building nearest each side line which
has the smaller amount of square feet shall be considered the side
yard. The width of a side yard shall be measured at right angles to
the side line of the lot.
The officially established Board of Appeals of the Village
of Fairport.
The officially established Zoning Officer of the Village
of Fairport.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
[1]
Editor's Note: The former definition of "communication structure," as amended, which immediately followed this definition, was superseded 9-8-1997 by L.L. No. 3-1997. See now Ch. 476, Telecommunications Facilities.
[2]
Editor's Note: This local law also stated
that if any of its provisions were inconsistent with Article 7 of
the Village Law, the Uniform Sign Law of the Village of Fairport,
or any other statute or local law, this local law shall prevail.
[3]
Editor's Note: This local law also stated
that if any of its provisions were inconsistent with Article 7 of
the Village Law, the Uniform Sign Law of the Village of Fairport,
or any other statute or local law, this local law shall prevail.
[4]
Editor's Note: Said schedule is included at the end of this chapter.
[5]
Editor's Note: This local law also stated
that if any of its provisions were inconsistent with Article 7 of
the Village Law, the Uniform Sign Law of the Village of Fairport,
or any other statute or local law, this local law shall prevail.
