Village of Hammondsport, NY Definitions; General Provisions

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 include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive, "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action. 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:

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, ACCESSORY

See "accessory building."

BUILDING, DETACHED

A building surrounded by open space on the same lot.

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, MULTIFAMILY

A dwelling containing three or more dwelling units.

DWELLING, ONE-FAMILY

A building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

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 COVERAGE

See "coverage, lot."

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.