A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number shall include the plural, and words used in the plural number
include the singular, unless the context clearly indicates the contrary.
B.
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
A "building" includes all other structures of every description except
fences and walls, regardless of dissimilarity to conventional building
forms. The word "lot" includes the word "plot" or "parcel." The word
"person" includes a corporation as well as an individual. The phrase
"used for" includes "arranged for," "designed for," "intended for,"
"maintained for" and "occupied for."
As used in this chapter, the following terms
shall have the meanings indicated:
A structure detached from the principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
As applied to a building or structure, a change or rearrangement
in the nonstructural parts, or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
A commercial enterprise containing four or more amusement
devices. "Amusement device" shall mean any table, board, machine,
device or apparatus fitted for use by the public, the operation of
which is permitted, controlled, allowed or made possible by the deposit
or insertion of any coin, plate, disc, slug or key into any slot,
crevice or opening, or by the payment of any fee or fees, and which
operates, or which may be operated, for use as a game, contest or
amusement or which may be used for any such game, contest or amusement,
but which table, board, machine, device or apparatus does not return
or vend any article or merchandise or any money, coin, check or token.
An amusement device does not include picture-taking and -laminating
machines, merchandise vending machines, electronic weight or reading
machines, or jukeboxes.
A building arranged, intended, or designed to be occupied
by three or more families living independently of each other and having
separate kitchen facilities.
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
General repair, rebuilding or reconditioning of engines,
motor vehicles, or trailers, such as collision service, body repair
and frame straightening; painting and upholstering; vehicle steam
cleaning; and undercoating.
Any building, land area, or other premises used or intended
to be used for the retail dispensing or sales of automobile fuels,
which activity may be accompanied by accessory use such as sales of
lubricants, tires, accessories, or supplies, minor repairing of automobiles
or a single-bay auto wash; provided, however, that automobile wrecking,
major repairing of automobiles, parking or storing of automobiles
for hire and the operation of more than one towing vehicle shall not
be deemed permissible accessory uses of an automobile service station.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, above average finished
grade. A basement shall be counted as one story in determining the
permissible number of stories.
A residential dwelling that makes available a room or rooms
for overnight accommodation to transient paying guests, with or without
inclusion of one daily morning meal per paying guest as part of the
accommodations provided.
[Added 4-5-1999 by L.L. No. 1-1999]
A sign or a structure which directs attention to an idea,
product, business activity, service, or entertainment which is conducted,
sold, or offered elsewhere than upon the lot on which such sign is
situated.
A private dwelling in which at least three but not more than
six rooms are offered for rent, and table board is furnished only
to roomers, and in which no transients are accommodated. A rooming
house or a furnished room house shall be deemed a boardinghouse.
Any structure which is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing,
or enclosure of persons, animals, or chattel.
See "accessory building."
The total square footage of interior floor areas measured
on a horizontal plane at the main grade level of the principal building
and all accessory buildings exclusive of uncovered porches, terraces,
and steps.
A building separated on all sides from adjacent open space
or other buildings by fixed interior walls or party walls, pierced
only by windows and doors, and covered by a permanent roof.
A building entirely surrounded by open space on the same
lot.
A line parallel to the street line and set back therefrom
a distance equal to the required front yard in the zoning district
in which a lot is located.
A building attached by a party wall to another building,
normally of the same type on another lot, but having one side yard.
A term used to describe the size, volume, area, and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building, and all open spaces
required in connection with a building, other structure, or tract
of land.
Any building or premises, or portion thereof the use of which
is devoted to the business of washing or waxing automobiles for a
fee, whether by automated cleaning devices or otherwise.
[Amended 6-16-2003 by L.L. No. 2-2003]
A story wholly or partly below finished grade and having
more than 1/2 of the height, measured from floor to ceiling, below
the average finished grade. A cellar shall not be counted in determining
the permissible number of stories.
Residential development of land on which the permitted dwelling
units are concentrated on portions of the property with the remainder
set aside as permanent open space.
A vehicle of more than one ton's capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanently affixed sign, or lettering of a commercial
nature, exceeding two square feet in area.
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
individual basis.
A residence, commercial, or industrial establishment which
is owned and operated by a mutual company which also owns and operates
all common areas and facilities and which company is operated for
the benefit of persons or families who are entitled to use and occupancy
of the individual units by reason of ownership of stock therein.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, or yard.
The lot area or percentage of lot area covered by all principal
and accessory buildings and structures.
A building designed or used principally as the living quarters
for one or more families (see "residences").
Building containing three or more dwelling units.
[Amended 4-5-1999 by L.L. No. 1-1999]
A building containing only one dwelling unit.
A building containing two dwelling units.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family (including any
domestic servants employed on the premises) and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse, convalescent home, dormitory, fraternity or
sorority house, hotel, inn, lodging or rooming house, nursing, or
other similar home, or other similar structure shall not be deemed
to constitute a dwelling unit.
Area enclosed within the outside walls of the dwelling unit,
with a structural ceiling height of at least seven feet six inches,
excluding porches, garages, terraces, steps, public hallways and similar
public spaces, cellars and basement rooms used for storage, utility
installations, and other similar purposes.
A household consisting of a single housekeeping unit occupied
by one or more persons.
[Amended 4-5-1999 by L.L. No. 1-1999]
Elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing height of buildings and other structures or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior faces
of exterior walls or from the centerlines of walls separating two
buildings.
In particular, the floor area of a building
or buildings, shall include:
Basement spaces;
Elevator shafts and stairwells at each floor;
Floor space used for mechanical equipment, with
structural headroom of seven feet six inches or more;
Attic spaces (whether or not a floor has actually
been laid) providing structural headroom of seven feet six inches
or more;
Interior balconies and mezzanines;
Enclosed porches; and
Accessory uses, not including space used for
accessory off-street parking.
However, the "floor area" of a building shall
not include:
Cellar spaces, except that cellar spaces used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths;
Accessory water tanks and cooling towers;
Uncovered steps; exterior fire escapes;
Terraces, breezeways, open porches and outside
balconies;
Accessory off-street parking spaces; and
Accessory off-street loading berths.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms, and
basements having a window area of less than 20% of the square foot
area of the room. Usable floor area shall be deemed to include all
spaces not otherwise excluded above such as, principal rooms, utility
rooms, bathrooms, all closets and hallways opening directly into any
rooms within the dwelling unit and all attic space having a clear
height of at least five feet from finished floor level to pitch of
room rafter with a clear height of seven feet six inches from finished
floor level to ceiling level over 50% of the area of such attic space.
See "automobile service station."
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of a
structure) to the highest point of such building or structure.
An activity carried out for gain by a resident in his or
her dwelling which is clearly incidental and secondary to the primary
use of the dwelling for residential purposes.
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances, and may contain one or more common dining rooms,
drinking places and entertainment facilities.
An area of land with or without buildings used for or occupied
by the storage, keeping, or abandonment of junk, including scrap metals
or other scraps, used or salvaged building materials, or the dismantling,
demolition, or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more wrecked or broken
down vehicles or the major parts thereof for three months or more
shall be deemed to make the lot a junkyard.
An establishment in which more than six dogs or other domestic
animals are housed, groomed, bred, boarded, trained or sold.
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use, or ownership,
and the customary accessories and open spaces belonging to the same.
The total horizontal area included within the lot lines.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
The lines bounding a lot as defined herein.
A lot line which is coincident with a street line.
A lot which is part of a subdivision recorded in the office
of the City or County Clerk, or a lot or parcel described by metes
and bounds which has been so recorded prior to the effective date
of this chapter or any amendment thereof that would affect such lot.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The width of a lot measured along the rear line of the required
front yard.
A portable, factory-made dwelling unit, built
on its own chassis, designed to be transported on its own wheels or
those of another vehicle, and intended, when connected to all required
utility systems, to be suitable for year-round occupancy.
The term "mobile home" shall not be construed
to include a modular home or a recreational vehicle.
A dwelling unit consisting of two or more major segments
constructed off site, which complies with the New York State Uniform
Fire Prevention and Building Code, and designed to be transported
to a site for permanent assembly and anchoring to a permanent foundation
and to become a fixed part of the real estate.
A building or group of buildings containing individual living
and sleeping accommodations primarily consisting of one-bedroom and
-bath units, each of which is provided with a separate exterior entrance
and a parking space, and is offered principally for rental and use
by motor vehicle travelers. The term "motel" includes but is not limited
to every type of similar establishment known variously as an "autel,"
"auto court," "motor hotel," "motor court," "motor inn," "motor lodge,"
"tourist court," "tourist cabins," "roadside hotel."
That part of a building, other structure, or tract of land
which does not conform to one of more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure, or tract of land,
otherwise lawfully established but which does not conform to the use
regulations for the district in which such use is located, either
at the effective date of this chapter, or as a result of subsequent
amendments thereto.
An establishment where woody or herbaceous plants are grown
for sale, including a structure for the sale of such merchandise.
A place providing or designed to provide daytime care or
instruction by an individual, association, corporation, institution,
or agency, whether or not for compensation or reward, for seven or
more children from the age of two to five years inclusive, away from
their homes for more than 21/2 but less than 10 hours per day.
Any wall located on a lot line between adjacent buildings,
which is used or adapted for joint service between the two buildings.
[Added 3-18-2013 by L.L. No. 1-2013]
A venue dedicated principally to the presentation of theatrical,
dramatic, comedic, musical, or other forms of live, artistic demonstration
(including, without limitation, dance) that is: (i) rendered by performers
before an in-person audience; (ii) on a stage, staging area or similar
venue suited for live performance; and (iii) offered, at said venue,
to the public on a regular basis (regardless of whether the facility
charges admission). For the sake of clarity, restaurants, cafes, or
retail stores offering live music or other live entertainment on a
small scale, purely as accessory uses to their food-service or retail
businesses, shall not be construed as performing arts centers.
[Added 9-5-2017 by L.L.
No. 1-2018]
A lot together with all the buildings and uses thereon.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
temporary living accommodation for recreational camping and travel
use and including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building, often in a motor vehicle on
the site.
An establishment where food and beverages are prepared, served
and intended to be consumed within the principal building and where
such food and beverages are not primarily packaged for removal by
the customer.
See "boardinghouse."
A building consisting of a series of one-family attached
residential dwelling units having common party walls between each
dwelling unit. Also "townhouse."
The distance in feet from the street line to the principal
building on a lot.
Any letter, word, model, banner, flag, pennant, insignia,
device, or representation designed or used as, or which is in the
nature of an announcement, direction or advertisement. The word "sign"
does not include the flag, pennant or insignia of any nation, state,
city or other political entity, or signs devoted to prohibiting trespassing.
The following words and phrases shall have the meanings respectively
ascribed to them herein particularly as they relate to sign regulations:
ACCESSORY SIGNAny sign related to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
AWNINGA roof-like covering of canvas, fiberglass or other material attached to a metal or other frame and supported entirely from a building or other structure.
FREESTANDING SIGNThose signs which are affixed to the ground and not attached to a building.
FRONT FACEThe outer surface of a building which is visible from any public street or walkway. A building may have more than one front face.
ICONIC SIGNSign which is a traditionally accepted pictorial symbol conveying the nature of the business, normally constructed in heavy relief or is three-dimensional.
INTERIOR SIGNAny sign, except address numbers that are affixed to or painted on the interior of a window or door or located within three feet of the inside face of the window or a door, which sign is designed to be visible from the exterior of the window or door.
MOBILE SIGNA sign not permanently affixed to a structure or to the ground and designed or intended to be moved from one location to another (see also "temporary sign").
MARQUEE COMPANY OR BALCONY SIGNA sign which is part of, attached to, or hung from a marquee, canopy, or other covered structure projecting from and supported or partially supported by a building.
PROJECTING SIGNSign which is affixed to an exterior wall of the structure extending perpendicular or at an angle of more than 30° from the wall and with the sign surface plane (upon which the typography is displayed) perpendicular to or at an angle of more than 30° to the wall plane.
ROOF SIGNA sign which is erected, constructed, or maintained on, partly above, or as part of the roof of any building.
SIGN AREAThe area of a sign shall be measured as follows:
When such sign is on a plate or framed or outline,
all of the area of such plate or the area enclosed by such frame or
outlined shall be included.
When such sign consists only of letters, designs,
or figures engraved, painted, projected, or in any manner affixed
on a wall, or a fascia panel integrated into the building design,
the total area of such sign shall be deemed the area of the smallest
triangle, rectangle, or circle within which all of the matter of which
such sign consists may be inscribed.
TEMPORARY SIGNA sign which is designed to advertise or announce a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items which will be available for a limited period.
WALL SIGNA sign which is affixed to or painted on an exterior wall of a structure and the surface on which the typography is displayed is in the same plane as the wall plane.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material or electricity or radio-activated material
or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A plan that indicates the proposed development and uses of
land or structures.
A facility operated for the purpose of providing lodging,
board, and nursing care to sick, invalid, infirm, disabled, or convalescent
persons for remuneration.
A use of property that is basically appropriate to a given
zoning district, but which may be incompatible in some locations within
the district and therefore is not permitted by right everywhere within
such district. A special permit use, therefore, is one which is allowable
only when specified facts and conditions are found to exist.
That part of any building, exclusive of cellars but inclusive
of basements, contained between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building contained between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of less than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
An existing public way which affords principal means of access
to abutting properties and is suitably improved; or a proposed way
shown on a plat approved by all appropriate official agencies.
A static construction of building materials, including buildings,
stadia, platforms, towers, sheds, storage bins, antennas and other
receivers, swimming pools and the like.
An outdoor water pool which is intended to be used for swimming
or bathing. An outdoor water pool shall, for the purposes of this
chapter, be construed to mean any swimming pool, tank, depression,
or excavation in any material, dike, or berm constructed, erected,
excavated, or maintained, which will cause the retention of water
to a greater depth than 18 inches or having a plane surface area of
water greater than 100 square feet, and includes in-ground as well
as aboveground swimming pools.[1]
See "mobile home."
A vehicle not capable of self propulsion, designed or used
primarily for the transportation or storage of materials, equipment,
or personal effects, not exceeding one ton in capacity.
This term is employed in referring to:
An open, unoccupied space extending across the full width
of the lot, between the front lot line and a line drawn parallel thereto
at the closest building.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
An open, unoccupied space extending across the full width
of the lot between the rear lot line and a line drawn parallel thereto
at the closest building.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulation of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
An open, unoccupied space between the building and the side
line of the lot and extending from the front yard to the rear yard.
Any lot line not a rear line or a street line shall be deemed a side
line.
[1]
Editor's Note: The definition of "tourist
home," which immediately followed this definition, was repealed 4-5-1999
by L.L. No. 1-1999.
