A.
When used in this chapter, words in the present tense
include the future and words of one gender include all genders. The
singular number includes the plural and the plural includes the singular.
The term "shall" is intended to be mandatory. Whenever a word or term
is defined to "include" certain items or matters, such inclusion is
intended to be by way of specification and not of limitation. If interpretation
or clarification of any word used in this chapter is needed it shall
be provided by the Zoning Board of Appeals in accordance with such
powers granted to it.
B.
ACCELERATED EROSION
ACCESSORY BUILDING, USE OR STRUCTURE
AGRICULTURAL OPERATION
ALTERATION OF LAND SURFACE
ALTER or ALTERATION
AREA (OF A SIGN)
AUTOMOBILE SERVICE STATION OR GASOLINE STATION
BAR
BED-AND-BREAKFAST
BLOCK
BUILDING
BUILDING AREA
BUILDING LINE
BULK PLANT OR TERMINAL
CAR WASH
CERTIFICATE OF COMPLIANCE
CHANGE OF USE
CLUBHOUSE
CORNER LOT
DIVERSION TERRACE
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EARTHMOVING ACTIVITY
EASEMENT
EMBANKMENT or FILL
ENFORCEMENT OFFICER
ERECT
EROSION
EROSION AND SEDIMENTATION CONTROL PLAN
ESSENTIAL SERVICES
EXCAVATION
FAMILY
FENCE
FLOOR AREA
FLOOR AREA RATIO
FRONT YARD
GARAGE, PRIVATE
GARAGE, PUBLIC
GENERAL PLAN
GRADES, FINISHED
GROSS FLOOR AREA (GFA)
GROSS LEASABLE AREA (GLA)
HAZARDOUS MATERIALS
HEIGHT OF BUILDING
HOME OCCUPATION
HOSPITAL
HOTEL
IMPERVIOUS SURFACES
INDUSTRIAL OPERATION
INDUSTRIAL WASTE
INOPERATIVE MOTOR VEHICLE
INTERCEPTOR CHANNEL
JUNKYARD
KENNEL
LANDSCAPING
LAND USE ACTIVITY
LARGE-PRODUCT RETAIL AND SERVICES
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MANUFACTURED BUILDING
MANUFACTURED HOUSING
MEDICAL FACILITIES
MOBILE HOME
MOBILE HOME PARK
MOBILE HOME SITE
MOTEL
NEIGHBORHOOD GROCERY STORE
NONCONFORMING STRUCTURE
NURSING HOME
OFFICES AND BUSINESS SERVICES
OPEN PORCH
OUTDOOR STORAGE
PARKING SPACE
PERMITTED USE
PERSON
PLANNING BOARD
POOL, SWIMMING
PORTABLE SIGN
PRINCIPAL BUILDING
PRINCIPAL USE
PROFESSIONAL OFFICE
PUBLIC ASSEMBLY USE
PUBLIC GARAGE
PUBLIC UTILITIES FACILITY
REAR YARD
RECREATIONAL VEHICLE
RECREATION FACILITY, PUBLIC OR PRIVATE
RELIGIOUS INSTITUTION
RETAIL AND SERVICES
ROAD LINE
SCHOOL
SEDIMENT
SEDIMENTATION
SETBACK
SHOPPING CENTERS
SIDE YARD
SIGN
SITE PLAN REVIEW
SPECIAL USE PERMIT
STABILIZATION
STORE
STREET
STREET RIGHT-OF-WAY LINE
STRUCTURE
STRUCTURE, ACCESSORY
TOURIST HOME
TRAVEL TRAILER
TRAVEL TRAILER PARK
TRAVEL TRAILER SITE
USE
VARIANCE, AREA
VETERINARY SERVICES
WALL
WAREHOUSE
WATERFRONT PROPERTY
WATERFRONT PROPERTY LINE
ZONING BOARD OF APPEALS
ZONING ENFORCEMENT OFFICER
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
The removal of the surface of the land through the combined
action of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
A building, use or structure which is customarily incidental
to that of a principal building or use and which is located on the
same lot as that occupied by the principal building or use.
The raising of crops, animals or animal products and limited
forestry where the principal use is for commercial or profitable intent
and any other commonly accepted agricultural purposes. Incidental
mechanical processing and sale of products are included in the definition.
The grading, filling or excavation of land in connection
with a site plan review use.
To change or rearrange any exterior structural part of the
existing facilities of a building or structure, by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
It shall not be considered an alteration if there is not expansion
of exterior dimensions. For instance: replacement of windows, doors,
siding, roofing, etc., as well as interior alterations, shall not
be considered an alteration for the purposes of this chapter.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character, as included within the definition of a sign,
together with the frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed, excluding the necessary supports or uprights
on which such sign is placed. On signs with more than one face, only
that face or faces visible from any one direction at one time will
be counted.
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fuels, oils, or lubricants,
or for the polishing, greasing, washing, or servicing of motor vehicles.
Any building, structure, or portion thereof used as a commercial
enterprise or business which involves the serving of alcoholic beverages
to the general public for consumption on the premises.
An owner-occupied dwelling designed, used and occupied as
a one-family or two-family dwelling, managed by the property’s
owner and having as an accessory use bedroom accommodations and breakfast
provisions, served in the host’s private dining room or kitchen,
for those accommodated as paying guests, who are referred to for the
purposes of this section as "registered guests."
[Added 4-11-2011 by L.L. No. 2-2011]
The length of a street between two street intersections.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing, or enclosure of persons, animals,
or chattel. The term, unless specified, includes both principal and
accessory buildings.
The total area, taken on a horizontal plane at main grade
level, consumed by the principal building and all accessory buildings,
excluding chimneys, uncovered porches, patios, terraces, steps, and
open areaways.
The line formed by the face of the building/structure, or
the attached part of the building/structure, nearest the lot line.
This shall include measurement from such structures as chimneys, uncovered
porches, patios, terraces, steps, open areaways, roof overhangs, cornices,
eaves, and other similar protrusions.
That portion of a property where liquids are received by
tank vessel, pipelines, tank car, or tank vehicle, and are stored
or blended in bulk for the purpose of distributing such liquids by
tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.
A building, structure or facility which obtains commercial
income from the washing, cleaning, or waxing of motor vehicles. Such
a use may be the principal function of the building or land on which
it is situated or an accessory use thereof.
A document issued by the proper municipal authority certifying
that the structure or use has been constructed or will be used in
compliance with all the applicable local laws.
Any use that substantially differs from the previous use
of a building or land. Uses covered under the same definition shall
not be considered a change of use.
A building to house a club or social organization not conducted
for private profit and which is not adjunct to or operated by or in
connection with a public tavern, cafe, or other public place.
A lot fronting on two streets at their intersection.
A channel or dike constructed upslope of a project for the
purpose of diverting stormwater away from the unprotected slope.
A building designed or used exclusively as the living quarters
for one or more families.
A residence designed for, or occupied by, three or more families,
with separate housekeeping and cooking facilities for each. Apartment
houses are considered to be "multiple-family dwellings."
A detached residence designed for or occupied by one family
only. This does not include mobile homes.
A residence designed for, or occupied by two families, with
separate housekeeping and cooking facilities for each.
Any construction or other activity which disturbs surface
of the land, including but not limited to excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
A grant of one or more of the property rights by the owner
to and/or for the use by the public, a corporation or another person
or entity.
A deposit of soil, rock or other material placed by man.
A person appointed by the Village Board to carry out the
regulations of this chapter.
To construct, build, re-erect, reconstruct, rebuild, or excavate
for a building or structure.
The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
A plan which is designed to minimize accelerated erosion
and sedimentation.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations, hydroelectric power plants and similar
facilities.
A cavity formed by digging, quarrying, uncovering, displacing
or relocating soil or rock.
A person or persons related to each other by blood, marriage
or adoption and/or not more than three individuals not so related,
living together as a single housekeeping unit.
Same definition as "wall."
The total horizontal area of all floors of a building, excepting
the basement and attic thereof, measured along the faces of the interior
walls.
The ratio of the usable floor area of a structure to the
total area of the zoning lot.
Open and unoccupied space between the building line or front
main wall of a building and the front property line. In all cases
where the front property line cannot be established, half of the width
of the street or road shall be added to the front yard requirement
and the "front yard" shall be measured from the center of the street
or road.
A building or enclosed space not available to the public
that is used solely for the storage of automobiles, provided that
no business, occupation or service is conducted for profit therein.
Storage space is to be provided primarily for the residents of the
premises; however, space may be rented for not more than two vehicles
of other than occupants of the building to which such garage is accessory.
Any building or enclosed space available to the public for
the storage, repair, rental, greasing, washing and servicing of motor
vehicles.
A Comprehensive or Master Plan for the development of the
Village, prepared by the Planning Board pursuant to § 7-722
of the Village Law.
Completed surfaces of ground, lawns, walks, paved areas and
roads brought to finished (final) grade, as shown on plans relating
thereto.
The gross size of the total floor area of the outside dimensions
of a building. These dimensions include the length, width and height
of the facility.
The gross size of the floor area of a commercial/retail facility
which is leased.
Any substances, chemical wastes, or radioactive materials
that could cause serious injury or disease during the storage, collection
and disposal cycle, including but not limited to explosives, inflammables,
poisons, solvents, acids, radioactive materials, byproducts of coal,
coke, petroleum, natural gas, and dangerous chemicals or combinations
of chemicals.
[Amended 3-1-2011 by L.L. No. 1-2011]
The vertical distance measured from the average ground level
at the sides of the building to the extreme high point of the building
exclusive of chimneys and similar fixtures.
Any accessory use of a service character customarily conducted
within a dwelling by the resident thereof which is clearly secondary
to the use of the dwelling for living purposes and does not substantially
change the character thereof or have any exterior evidence of such
use other than an approved advertising sign and parking requirements
associated therewith. Not more than two persons outside the immediate
family shall be employed by the home occupation. Occupations such
as physician, dentist, lawyer, insurance sales, beauty salon, musical
instructor, and seamstress shall be deemed to be home occupation uses.
An institution in which sick or injured persons are given
medical or surgical treatment. It does not include an establishment
for permanent occupation by the poor, convalescent or mentally ill.
A building which has a common entrance and general dining
room and contains seven or more living and sleeping rooms designed
to be occupied by individuals or groups of individuals for short or
extended periods of time.
Surfaces which do not absorb water. They consist of all buildings,
parking areas, driveways, roads, sidewalks, and any areas of concrete
or asphalt.
[Added 3-1-2011 by L.L. No. 1-2011]
Any facility which assembles, fabricates, processes or packages
products from raw materials which are hazardous materials as defined
in this chapter or where the by-products and wastes from these processes
are hazardous materials.
The liquid waste resulting from processes employed in industrial
establishments and which is free of fecal matter.
Any motor vehicle which is unregistered and inoperative for
a period of six successive months or more.
A channel or dike constructed across a slope for the purpose
of intercepting stormwater, reducing the velocity of flow and diverting
it to outlets where it may be deposited.
Any place, structure, lot or parcel of land where junk, rags,
scrap metal, waste, discards, or salvaged or any similar materials
are bought, sold, exchanged, baled, packed, collected, stored, disassembled
or handled, including but not limited to auto wrecking yards and used
lumberyards, or where there is undertaken the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
or for the sale of parts thereof.
Land or building used as a commercial business for the harboring
of five or more dogs and/or cats.
Improvements to land including but not limited to the contouring
of land, planting of flowers, shrubs, or trees, the use of decorative
features, including sculptures, patterned walks, fountains and ponds.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include but shall
not be limited to the following: new structures, expansions to existing
structures, new uses, changes in or expansions to existing uses, streets,
driveways and excavations for the purpose of extracting soil or mineral
deposits.
Includes sales and service for new and used automobiles,
trucks, mobile homes, boats, and farm implements, auctioneers where
auctions take place on site, retail tree nurseries and garden shops,
furniture and large appliance sales and large restaurants.
A parcel of land used or occupied, or capable of being used
or occupied, by a building or structure and the accessory buildings,
structures or uses customarily incidental to it, including such yards
as are required by this chapter.
Total area within the lot lines, excluding any part thereof
lying within the boundaries of a public street or proposed public
street.
A parcel of land at the junction of and bounded by two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any line dividing one lot from another or from the street
or waterway.
The lot line adjoining any street/highway center line. If
a lot adjoins two or more streets or highways, it shall be deemed
to have a front lot line, respectively, on each.
The lot line opposite and most distant from the front lot
line.
Any lot line other than the front or rear lot lines.
The horizontal distance between the side lot lines, measured
at the front building line.
A building which has the following characteristics: It is:
A manufactured building or portion of a building for long-term
residential use.
Any building, portion of a building or use thereof which
is used in the diagnosis and/or treatment of medical ailments.
Manufactured housing built on a chassis. A mobile home shall
be construed to remain a mobile home, subject to all regulations applying
thereto, whether or not wheels, axles, hitch, or other appurtenances
of mobility are removed and regardless of the nature of the foundation
provided. A mobile home shall not be construed to be a travel trailer
or other form of recreational vehicle.
Land on which two or more mobile homes are parked and occupied
for living purposes.
A parcel of land in a mobile home park which is equipped
with the necessary utilities and improvement for the erection thereon
of a single mobile home.
A building or group of buildings not more than two stories
in height having direct and convenient access to a main traveled road,
intended or designed to provide a series of sleeping units for the
accommodation of automobile transients. Each sleeping unit shall consist
minimally of a bedroom and a bathroom and shall provide convenient
access to a parking space for the unit's occupants.
A building used for retail grocery sales. Gross floor area
of retail portion shall not include more than 500 square feet. Such
use may include over-the-counter sales of alcoholic beverages for
consumption outside the premises, but may not include sale of gasoline,
kerosene or diesel fuel.
A use of land which is not in conformity with the requirements
and provisions of this chapter at the time of enactment thereof.
A structure where persons are lodged and furnished with meals
and nursing care for commercial purposes. This shall not include homes
for the mentally handicapped, drug or alcohol rehabilitation patients,
etc.
Include administrative and business offices, professional
offices and services, securities and financial brokerage services,
banks and savings-and-loan offices, but not currency exchanges.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either permanent
or detachable glass sash.
The keeping, in an unroofed area, of materials associated
with the principal commercial or industrial use permitted on the lot.
The area required for parking one automobile, which shall
not be less than 10 feet wide and 20 feet long and shall not include
passageways and driveways giving access thereto.
Any use permitted under the provisions of the district in
which the land, building, or structure is located.
Any individual, group of individuals, partnership, firm,
corporation, association, or other legal entity.
The Planning Board of the Village of West Carthage.
A structure or facility constructed to hold water at least
three feet deep and used by either private or public parties for recreational
purposes.
Any sign which by its design is able to be and is commonly
moved from place to place.
A building in which is conducted the main or principal use
of the lot on which such building is located.
The main or principal purpose for which any land, building,
or structure is used or occupied.
Offices which offer professional or consulting services,
such as medical, legal, engineering, architectural, and similar services.
Includes an auditorium, theater, public hall, school hall,
meeting hall, church, and temple.
Any lot or building or portion thereof operated for commercial
gain which involves the storage, repair, rental, servicing, adjusting,
or equipping of automobiles or other motor vehicles.
A privately or publicly owned structure or facility that
serves the general public or some of the public. Such facilities shall
include but not be limited to sewage treatment plants, water supply
facilities, power-generating and distribution facility, radio transmitting
centers, telephone operating centers, etc.
An open space on the same lot with a building, between the
rear wall of the building and the rear line of the lot unoccupied
except for parking spaces and for accessory buildings, including,
among others, either attached or detached garages and open porches,
which in the aggregate shall occupy not more than 30% of the area.
In the case of a corner lot, the owner may designate any interior
lot line as the rear lot line.
Includes a motor home, a truck camper or camping trailer
less than 48 feet in length and/or 720 square feet of interior floor
space and used for recreational purposes.
A municipally or privately owned (for commercial purposes)
and operated swimming pool, open space, tennis court, athletic field,
or similar facility for recreational use.
Includes church, temple, parish house, convent, seminary
and retreat house.
Includes barber/beauty shops, key makers, shoe repair, gas
stations and auto repair, restaurants, taverns, radio and television
sales and service, coin-operated laundries and dry cleaning, walk-in
medical and ambulatory emergency services, medical and dental clinics
and surgical centers, plumbing and heating sales and service, drugstores,
florists, toy stores, book stores, currency exchanges, clothing and
soft goods stores, sewing and small appliance stores, variety stores
and discount stores and similar uses.
The right-of-way line of a road as dedicated by a deed of
record. Where the width of a road is not established, the road line
shall be considered to be 25 feet from the center line of the road
pavement.
Includes parochial, private, public and nursery school, college,
university and accessory uses; and shall exclude commercially operated
school of beauty culture, business, dancing, driving, music and similar
establishments.
Soils or other surficial materials transported by surface
water as a product of erosion.
The process by which sediment is deposited on stream bottoms.
The distance between a lot line and a building line. The
term is used to refer to front, side or rear distances.
Facilities providing retail and services, large-product retail
and services or offices and business services in excess of 25,000
square feet gross leasable area.
An open, unobstructed space on the same lot with a building,
between the building and the side line of the lot and extending through
from the front to the rear yard, which space shall be unoccupied from
the ground to the sky except for driveways, parking space, and/or
landscaping and into which there is no extension of building parts
other than eaves with an overhang of not more than four feet, rainwater
leaders, windowsills and other such fixtures, open steps, and bay
windows not more than 12 feet wide at one floor level only and for
a distance not to exceed two feet.
Any structure or natural object or part thereof or device
or inscription located upon, attached thereto or painted or represented
on any land or on the outside of any building or structure or part
thereof or affixed to the glass of a window so as to be seen from
the outside of a building which shall be used to attract attention
to any object, product, place, activity, person, institution, organization
or business, or which shall display or include any letter, words,
numerals, emblems, symbols, models, banner, flags, pennants, insignia,
trademarks, devices or representation used as or which is in the nature
of an announcement, direction, advertisement, attention-arrester,
warning or designation of any person, firm, group, organization, place,
commodity, product, service, business, profession, enterprise, industry,
or public performance. "Sign" shall include any letter, word, model,
banner, pennant, insignia, trade flag, or other device or representation
used as or which is in the nature of an advertisement announcement
or direction, but excluding any public traffic or directional signs.
The process by which the Planning Board reviews those uses
stated in this chapter that require site plan review.
A permit for special uses which must be approved by the Planning
Board, granting permission to the Enforcement Officer to issue a zoning
permit.
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding or other movement.
Enclosed space used for the display and sale of merchandise
or sale of service to the general public. Space used for a cigar or
newspaper stand and similar uses in a public lobby or similar location
is not deemed to be a store.
A thoroughfare for motor vehicles which affords the primary
means of access to private property.
The dividing line between a lot and a road. Where there is
no established street right-of-way line, the street right-of-way line
shall be considered to be 25 feet from the center of the road.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. The term includes dwelling units, buildings, swimming
pools, platforms, towers, billboards, satellite dish antennae, signs,
fences, and walls.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
Has the same definition as "bed-and-breakfast."
[Added 4-11-2011 by L.L. No. 2-2011]
A portable vehicular structure built on a chassis designed
to be used as a temporary dwelling for travel, recreation or vacation
uses. Its body design shall not exceed eight feet in width, or when
attached to its carrier vehicle, the combination shall not exceed
55 feet in length. The absence of any of the following equipment will
characterize a travel trailer from a mobile home: plumbing, heating,
electrical, cooking and refrigeration.
A parcel of land which has been planned or improved for the
placement of travel trailers and/or tents for transient use, consisting
of three or more travel trailer sites.
A parcel of land within a travel trailer park which has been
equipped with the necessary utilities and improvements for the temporary
placement thereon of a single travel trailer or tent.
The specific purpose of which any land, building or structure
is used, designed, arranged, intended, or occupied.
The 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 this chapter.
A building or portion thereof or use which is principally
used in the treatment and convalescence of ailing animals. Such a
facility may also be used to board animals. It is usually staffed
by a trained veterinarian and/or other professionals/workers.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening, partitioning, or
enclosure; or for the retention of earth, stone, fill or other materials
as in the case of retaining walls or bulkheads. A fence shall be considered
a wall.
Includes warehouse, wholesale establishment, discount house,
bulk storage and bulk sales outlet.
Property which abuts a waterway or water body.
Along the shoreline of waterfront property, the high-water
level elevation.
A Board appointed by the Village Board whose principal duties
are to consider requests for variances from this Zoning Chapter.
An individual designated by the Village Board to represent
it in particular matters pertaining to this chapter.
A permit issued under this chapter allowing the establishment
of a new use or the construction, placement or alteration of a building
or structure.
