As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING
A building detached from and subordinate to a principal building
on the same lot and used for purposes customarily incidental to those
of the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or existing facilities of such building or
structure, or any enlargement thereof, whether by extension of any
side or by any increase in height, or the moving of such building
or structure from one location to another.
APARTMENT
A residential unit with its own independent entry, containing
a kitchen, bathroom and one or more bedrooms.
[Added 3-10-2020 by L.L. No. 1-2020]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps.
ATTIC
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.
AUTO JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
or for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles.
BASEMENT
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, but not less than four
feet, above average finished grade. A "basement" shall be counted
as one story in determining the height of a building in stories.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied, one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, containing at least two but not more than four bedrooms for
such lodgers.
[Added 1-8-2002 by L.L. No. 1-2002]
BILLBOARD
A sign or 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.
BOARDINGHOUSE
A rooming house available for lodging for periods not less
than one day, nor more than 30 days, to the same occupants for the
same dwelling.
[Amended 1-8-2002 by L.L. No. 1-2002; 4-9-2019 by L.L. No. 2-2019]
BUILDING
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.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
CAMP
Any parcel of land on which is located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other temporary living purposes.
CELLAR
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. A "cellar" shall not be
counted in determining the permissible number of stories.
CERTIFICATE OF ZONING COMPLIANCE
The official certificate, signed by the Zoning Officer, affirming
that items included in the zoning permit have been complied with according
to the zoning law.
CLUB, NONPROFIT
A local chapter holding a valid charter from an international,
national or state organization or a bona fide local civil association
catering exclusively to members and their guests primarily for a patriotic,
fraternal, benevolent, social, educational, religious or political
purpose. The club shall not be used in whole or in part for the conduct
of any business or enterprise for profit, but this shall not be construed
as preventing the utilization of a club for benefits or performances
for fundraising activities only.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery, vehicles
or parts thereof which are in active use by a construction contractor.
COVERAGE, LOT
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
DAY NURSERY
Any place, however designated, operated for the purpose of
providing daytime care for two or more children from two to five years
of age, inclusive, and operated on a regular basis, including kindergartens
and day-care centers.
DOCK
Any structure, whether affixed to land or floating, placed
in or upon a lake, stream or brook where a boat is or may be moored
or provides access for fishing or for any other use, recreational
or otherwise. This term shall include piers, wharfs, crib docks, stake
docks, floating docks and all such similar structures. At no point
shall any dock have a height greater than five feet above the mean
high-water level. Excluded herein are handrails or other customary
safety features as well as lighting apparatus, flagpoles and items
of like nature.
[Added 6-9-1992 by L.L. No. 1-1992]
DWELLING
A building containing one or more units designed and used
for residential occupancy.
DWELLING, GROUP
A group of three or more, but not over nine, attached single-
or two-family dwellings with party walls between.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
FINISHED GRADE
The 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 or other structures or for
other purposes shall be the average elevation of all finished grade
elevations around the periphery of the building.
FRONT YARD DEPTH
The distance from edge of street pavement to front foundation
line.
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing (which does not require mechanical equipment)
or otherwise servicing motor vehicles, but not including auto body
work, welding or painting.
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of the
structure) to the highest point of such building or structure.
HOME OCCUPATIONS
In any district, nothing in this chapter shall prevent an
individual from conducting his business, trade or profession in his
home or residence, including accessory buildings, provided that no
more than two persons are employed at the residence in addition to
the owner or tenant of the property; that no other professional shall
be permitted to share, let or sublet space for professional use; that
there is no external evidence of such use except for one sign not
exceeding two square feet in area; and that there shall not be any
exterior storage of materials or equipment, and provided further that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing therein.
HOTEL
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may contain one or more dining rooms.
LOT
A platted lot which is part of a subdivision, or a lot or
parcel described by metes and bounds, the description of which has
been recorded in the office of the Steuben County Clerk.
LOT, AVERAGE DEPTH OF
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT, CORNER
A lot situated at the junction of and adjacent to two or
more intersecting streets where the interior angle of the intersection
does not exceed 135°. Lot frontage shall be determined by the
official street address. Front depth setbacks shall apply from any
adjoining street. Such setbacks shall be measured from curb(s), or
the edge(s) of pavement where no curb(s) exist, to the principal building
or any accessory building.
[Amended 7-17-2004 by L.L. No. 4-2004]
LOT FRONTAGE
The lot line which is coincident with a street line.
LOT, THROUGH
A lot, other than a corner lot, which has frontage on more
than one street.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines, or the width of a lot measured along the rear
line of the required front yard.
MAJOR RECREATIONAL EQUIPMENT
Any equipment used for transportation, including but not
limited to boats, trailers, recreational vehicles, snowmobiles, unlicensed
off-street vehicles and all-terrain vehicles, but not licensed, registered
and inspected automobiles or trucks. Tent campers are also included.
MOBILE HOME
A dwelling unit that is manufactured as a relocatable living
unit, which is designed to be transported on a permanent chassis and
to be installed on a site with or without a permanent foundation when
connected to utilities. This does not include Department of Motor
Vehicles' registered recreation vehicles, travel trailers or dwelling
units that are prebuilt in one or more parts and are transported to
and assembled on a permanent foundation.
MOTEL
A building or group of buildings, detached or connecting
units designed and used as sleeping units for rent by the day or week
to transient clientele, with convenient automobile parking space and
with or without restaurant and bar facilities.
NONCONFORMING USE
Any use of a building, other structure or tract of land 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.
NURSING OR CONVALESCENT HOME
A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
PREMISES
Any lot, parcel or tract of land and any structure thereon.
RESIDENCE; RESIDENTIAL
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy.
RESORT
Any area of land on which are located two or more cabins,
cottages or a hotel or group of buildings containing living and sleeping
accommodations hired out for compensation and which may contain one
or more dining rooms and recreation facilities of a design and character
suitable for seasonal or more or less temporary living purposes regardless
of whether such structures or other accommodations actually are occupied
seasonally or otherwise.
ROOMING HOUSE
A building containing no more than four rooming units for
short-term (less than 30 days) transient lodging. One off-street parking
space must be provided for each rooming unit plus one space for occupying
owner, if applicable. Total occupancy limited to eight individuals.
[Added 4-9-2019 by L.L.
No. 2-2019]
ROOMING UNIT
A room or rooms used to provide private living and sleeping
quarters, but which do not contain cooking facilities. Occupancy limited
to two people per room.
[Added 4-9-2019 by L.L.
No. 2-2019]
SETBACK
The distance in feet from the fronting curb or the edge of
pavement where no curb exists to the principal building on a lot.
SIGN
Any device designed to inform or attract the attention of
persons to a specific message.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
SIGN AREA
The area within the shortest line that can be drawn around
the outside perimeter of a sign, including all decoration and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be mounted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
minimum dimensions of one foot.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" sign or a "to let" sign relating
to the property on which it is displayed shall be deemed a "business
sign."
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is built so as to physically
represent the object advertised.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of such land
into parcels for the purpose of financing.
STORY
That part of a building comprised between a floor and the
floor or roof next above it. See "attic," "basement" and "cellar."
STREET
An existing public or private way which affords principal
means of access to abutting properties and is suitably improved or
as laid out on the Official Map of the village, after there has been
held a public hearing thereon, as well as the subsequent adoption
thereof by the Village Board and the filing of a certificate of that
fact in the Steuben County Clerk's office. This term "street" includes
a highway, road, avenue, lane or alley which the public has a right
to use.
[Amended 6-9-1992 by L.L. No. 1-1992]
STREET LINE
The curbline or the edge of pavement where no curb exists.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location
on the ground, including but not limited to buildings, mobile homes,
walls, fences and billboards.
TOWNHOUSE
A building consisting of a series of one-family attached
dwelling units having common party walls between each dwelling unit.
See also "building, semidetached."
USE
This term is employed in referring to:
(1)
The purpose for which any buildings, other structures
or land may be arranged, designed, intended, maintained or occupied.
(2)
Any occupation, business activity or operation
conducted or intended to be conducted in a building or other structure
or on land.
YARD, FRONT
A yard extending along the full length of the front lot line
between the side lot lines.
YARD, REAR
A yard extending along the full length of the rear lot line
between the side lot lines.
YARD, REQUIRED
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 density control regulations 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.
YARD, SIDE
A yard extending from the principal building to the side
lot line on both sides of the principal building between the lines
establishing the front and rear yards.
ZONING PERMIT
Permit issued by the Zoning Officer under the laws of the
Village of Hammondsport.