As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY
The term applied to a building, structure, or use (except
for accessory dwelling unit) that:
A.
Is customarily incidental and subordinate to and serves a principal
building or use;
B.
Is subordinate in area, extent, or purpose to the principal
building or use served;
C.
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or use; and
D.
Is located on the same parcel as the principal building or use.
ACCESSORY DWELLING UNIT
A second subordinate dwelling unit that is:
A.
Contained with the existing primary single-family dwelling unit;
B.
An addition to the existing primary single-family dwelling unit;
C.
An adaptive reuse of an existing permanent detached accessory
structure such as a barn, carriage house, or garage on the same parcel
as the primary dwelling unit; or
D.
Designed into new construction of a single-family dwelling unit.
ALTERATION
As applied to a building or structure, a change or rearrangement
in this structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter," in its
various modes and tenses and its participle form, refers to the making
of an alteration.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity as defined herein.
APPROVAL
Favorable decision to an application that indicates acceptance
and the terms of the application, as written or modified, are satisfactory.
Includes both approval and approval with conditions.
ARCHITECTURAL FEATURE
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, signs, walls, fences, awnings,
canopies, screens, sculptures, decoration, roof shape and materials,
and other fixtures appurtenant to a structure. Also referred to as
"architectural detail."
ASSISTED-LIVING FACILITY
A multiunit residence building (or buildings) designed for
and restricted to the housing of persons, each of whom is at least
55 years of age, and in which personal and health-related services
(such as congregate meals, housekeeping, homemaking, transportation,
social activities, personal care and supervision) are provided to
residents. An assisted-living facility must be licensed by the NYS
Department of Health as an "adult home" or as a provider of "enriched
housing" services or dementia care.
AWNING
A roof-like protective cover of canvas or other flexible
material over a door, entrance, window or outdoor service area that
projects from the facade of a structure.
BANNER
A length of fabric or similar material, temporarily strung
between two points, upon which a message or graphic is imprinted.
BASEMENT
A story partly underground but having less than half of its
clear height below finished grade.
BED-AND-BREAKFAST
An owner-occupied building designed, used and occupied as
a single-family residence having, as an accessory use therein, public
lodging rooms and facilities for and serving food and drink prepared
within the building to preregistered transient guests, which meets
the requirements of this chapter.
BLOCK
The length of a street between two intersections or between
an intersection and its termination.
BREWERY
An enclosed building for the manufacture, processing, bottling,
and packaging of malt liquors, such as beer, ale, or ciders, but not
to include distilled liquors.
BUFFER
A unit of land, together with a specified type and amount
of planting and/or fencing thereon, which may be required to eliminate
or minimize conflicts between land uses. Also referred to as "screening."
BUILDING
A structure with a roof supported by columns or walls having
a horizontal area of more than 50 square feet.
BUILDING LINES
The legally established lines within a lot in which Chapter
190, Zoning, allows development. The front setback line shall be measured from the existing or proposed highway right-of-way line.
BULK
The size and scale of buildings and nonbuilding uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include building
height, building footprint, and lot coverage.
CALIPER
The measurement of the size in inches of the diameter of
small trees (under six inches), usually measured at six inches above
grade. Trees greater than six inches in diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
CANDELA
The luminous intensity in a given direction.
CELLAR
A story partly underground and having 1/2 or more of its
clear height below finished grade.
CHANNEL LETTER
A fabricated or formed three-dimensional letter into which
a light source, such as a neon tube, may be placed. Such letters shall
fully enclose the light source.
CHANNEL LETTER, REVERSE
A channel letter than has a face and sides, but no back,
and is pinned out from a background surface so as to produce a halo
effect around the letter when illuminated.
CHARACTER
The atmosphere or physical environment that is created by
the combination of land use and buildings within an area. "Character"
is established and influenced by land use types and intensity, traffic
generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
CLUB, MEMBERSHIP, NONPROFIT
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic 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 a recognized
charity, nor for the meeting of other organizations or for educational
and cultural purposes.
COMMERCIAL MESSAGE
Any message where the primary purpose is the commercial advertisement
or promotion of a commercial product, event, or service (including
content on an internet website operated for a commercial purpose).
COMMERCIAL USE
An occupation, employment, enterprise or establishment that
is conducted for profit by the owner, lessee or licensee. This shall
include but not be limited to retail, wholesale, business, administrative
and other activities.
COMPATIBLE
A.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a structure;
B.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more structures;
C.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a neighborhood;
and/or
D.
Having a pleasing or congruent arrangement of elements in the
use or function between two or more attributes of a neighborhood or
area.
CORNICE
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
COURT
An open, unoccupied space, other than a yard, on the same
lot with a building. An offset to a court shall be deemed a separate
inner court for the purpose of determining its least dimension, its
area and the least dimension and area of the court to which it is
contiguous.
DAY-CARE FACILITY
Daytime care or instruction of three or more children or
adults away from their own homes for more than three but less than
24 hours per day, by an individual association, corporation, institution
or agency, whether or not for compensation or reward. Such centers
shall be duly licensed by NYS law.
DEVELOPMENT
Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance of farm roads and agricultural practices.
DIRECT LIGHT
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
DISTILLERY
An enclosed building for the manufacture, processing, bottling,
and packaging of distilled liquors, such as vodka, gin, whiskey, or
tequila.
DRIVE-THROUGH
A facility wherein the sale of goods or delivery of services
is provided directly to patrons while seated in motor vehicles located
on the premises.
DWELLING
A building used as the living quarters for one or more families.
For dwelling types, see below.
A.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
B.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
C.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
D.
MULTIFAMILY DWELLINGA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
EASEMENT
The lands created through authorization by a property owner
for the use by another and for a specified purpose of any designated
part of his property.
ENVIRONMENTAL PROTECTION OVERLAY DISTRICTS (EPOD)
These districts and the regulations associated within them
are designed to preserve and protect unique or sensitive environmental
features within the Village, including, but not limited to, wetlands,
steep slopes, floodplains, watercourses and woodlots. These regulations
are not intended to be substituted for other general zoning district
provisions, but should be considered as additional regulations to
be met by the applicant or developer, prior to project approval.
FACADE
The face of a building.
FACADE, PRIMARY OR FRONT
The principal face of a building that looks onto a street,
right-of-way, or open space. Buildings on corner lots shall be considered
to have two primary or front facades.
FAMILY
One or more persons living together as a single housekeeping
unit.
FENCE
Any structure regardless of composition, except a living
fence, that is erected or maintained along property lines.
FILTERED
Any outdoor light fixture which has a glass, acrylic, or
translucent enclosure of the light source (quartz glass does not meet
this definition).
FIRM
The Flood Insurance Rate Map as prepared by the United States
Department of Housing and Urban Development, a copy of which is on
file with the Village Building Inspector.
FLOOD LEVEL, 100-YEAR
The highest level of flood that, on the average, is likely
to occur once every 100 years, as determined in the United States
Department of Housing and Urban Development Federal Insurance Administration
Flood Insurance Study for the Village of Honeoye Falls.
FLOODLIGHT or SPOTLIGHT
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
FLOODPLAIN
Any land area susceptible to be inundated by water from the
base flood. That area designated as subject to flooding from the 100-year
flood on the Flood Boundary and Floodway Map prepared by the United
States Department of Housing and Urban Development, a copy of which
is on file with the Village Building Inspector.
FLOODWAY
A.
The channel of a river or other watercourse and adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one
foot.
B.
That area designated as a floodway on the Flood Boundary and
Floodway Map prepared by the United States Department of Housing and
Urban Development, a copy of which is on file with the Village Building
Inspector.
FORESTRY MANAGEMENT PLAN (FMP)
A plan developed by a certified forester or arborist that
addresses the appropriate management of a forestry resource on a given
property.
FRONTAGE
The extent of a building or a lot abutting a street or right-of-way.
FULLY SHIELDED LIGHTS
Outdoor light fixtures shielded or constructed so that no
light rays are emitted by the installed fixture at angles above the
horizontal plane, which shall be certified by a photometric test report
or the manufacturer.
GARAGE
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises, including space for not more than one passenger vehicle
used by others.
GASOLINE SERVICE STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks.
GLARE
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see, and in extreme cases causing
momentary blindness.
HEIGHT OF LUMINAIRE
The height shall be the vertical distance from the ground
directly below the center line of the luminaire to the lowest direct-light-emitting
part of the luminaire.
HEIGHT OF STRUCTURE OR BUILDING
The vertical distance measured from the average elevation
of the proposed finished grade at the front building line to the highest
point of the roof.
HOME OCCUPATION
An occupation, profession or personal service for gain or
support conducted only by members of a family residing on the premises
and conducted entirely within the dwelling.
HOTEL or INN
A building containing sleeping rooms in which lodging is
provided and offered to the public for compensation. Generally the
entrances to such sleeping rooms are located internally to the primary
structure. A hotel or inn may also include incidental uses such as
meeting rooms, restaurants, etc.
HOUSE TRAILER
A movable single-family dwelling originally equipped with
or having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration (see "mobile home").
IESNA
Illuminating Engineering Society of North America.
ILLUMINATION, EXTERNAL
Illumination by a light source located outside of the sign
structure or lettering that is directed at the sign face.
ILLUMINATION, INTERNAL
Illumination by a light source contained within the sign
structure or lettering. Channel lettering is an example of internal
illumination.
INDIRECT LIGHT
Direct light that has been reflected or has scattered off
other surfaces.
INDUSTRY, LIGHT
A use which has characteristics compatible with the rural
character of the Village and should be appropriately sited, such as
in industrial parks. Light industry may include manufacturing and
production which utilizes previously prepared materials, but not those
utilizing raw materials or any other process or activity which would
result in or cause dissemination of excessive amounts of dust, smoke,
gas, fumes, odors, noise, glare, vibration or any other nuisance to
adjacent buildings or land, and which does not include any outdoor
processing or materials or open accessory storage yards, unless completely
enclosed by a solid wall or fence not less than six feet in height.
JUNKYARD
Any land or structure or part thereof exceeding 300 square
feet in area used for collecting, storage or sale of waste paper,
rags, scrap metal or other scrap or discarded material; or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in operating condition; or for the sale of the parts thereof.
LAMP
The component of a luminaire that produces the actual light.
LANDSCAPED AREA
The area required or permitted under this article to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, planting beds and berms.
LANDSCAPING
The use of natural plant materials including, but not limited
to, ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
LIGHT TRESPASS
The light produced by a luminaire beyond the boundaries of
the property on which it is located.
LOT
A parcel of land exclusive of street areas used or designed
to be used by one permitted use or structure, or by a permitted related
group of uses or structures, and the accessory uses or structures
customarily incidental thereto, including such open spaces as are
arranged or designed and required in connection with such structure
or structures.
LOT AREA
The total horizontal area included within lot lines.
LOT COVERAGE
The percentage of the area of the lot covered by impervious
surface.
LOT LINE
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street right-of-way line at the front of the lot. On
a corner lot there shall be two front lot lines.
LOT WIDTH
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LUMEN
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this article, the lumen-output values
shall be the initial lumen output ratings of a lamp.
LUMINAIRE
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
MOBILE HOME
A movable single-family dwelling originally equipped with
or having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration.
MOBILE HOME LOT
A designated site within a mobile home park for the exclusive
use of occupants of a single motor home.
MOBILE HOME PARK
Any area for which a special permit has been issued pursuant
hereto for exclusive use of mobile homes and attendant structures.
MOTOR VEHICLE (also VEHICLE or AUTOMOBILE)
Every vehicle operated or driven which is propelled by power
other than muscular power, except:
A.
Electrically driven mobility devices operated or driven by a
person with a disability.
B.
Vehicles which run on rails or tracks.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the regulations of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the regulations
of this chapter for the district in which it is situated.
NURSERY SCHOOL
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized instructional
facility for five or more enrolled children other than the children
of the resident family, but not provided with customary commercial
public recreation features, such as Ferris wheels or roller coasters,
and not furnishing sleeping quarters, except for the resident family.
NURSING HOME
A residence building (or buildings) in which skilled nursing
services and chronic custodial care are provided to residents. A skilled
nursing care facility must be licensed as such by the NYS Department
of Health.
OPEN SPACE
An area that is intended to provide light and air and is
designated for either environmental, scenic or recreational purposes.
Open space shall not be deemed to include driveways, parking lots
or other surfaces designed or intended for vehicular travel, as well
as detention or retention ponds. In no event shall any area of a developable
lot nor any part of an existing or future road or right-of-way be
counted as constituting open space.
PARAPET WALL
That portion of a building wall that rises above the level
of the roof.
PARKING AREA OR LOT
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto, as required by
this chapter. This shall also include loading areas.
PARKING SPACE
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
PARTIALLY SHIELDED
Outdoor light fixtures shielded or constructed so that no
more than 10% of the light rays are emitted by the installed fixture
at angles above the horizontal plane which shall be certified by a
photometric test report or the manufacturer.
PEDESTRIAN-ORIENTED
Refers to a pedestrian-friendly design policy providing clear,
comfortable pedestrian access to residential and nonresidential areas
as well as providing for the construction of buildings, sites, and
amenities to be human-scaled, purposefully engaging and accommodating
pedestrians.
PENNANT
A length of fabric, or similar material, suspended from overhead,
upon which a message is imprinted.
PERMITTED USE
Any use of a building, structure, lot or land or part thereof
which this chapter provides for in a particular district as a matter
of right.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
PROHIBITED USE
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted, specially permitted, or accessory
use.
PUBLIC RIGHT-OF-WAY
Existing land owned by the Village of Honeoye Falls, or other
government entity, for use as a street or other public purpose.
RECREATION, INDOOR
An establishment providing for recreational activities in
a completely enclosed structure. Accessory uses may be permitted to
include the preparation and serving of food and/or the sale of equipment
related to the enclosed recreational uses. Included in this definition
shall be indoor ice rinks, pools, fields, courts, or other such facilities
or arenas where patrons are engaged in and/or spectating sport or
game activities.
RECREATION, OUTDOOR
An establishment providing for recreational activities in
an open or partially enclosed structure. Accessory uses may be permitted
to include the preparation and serving of food and/or the sale of
equipment related to the recreational uses. Included in this definition
shall be outdoor ice rinks, pools, fields, courts, or other such facilities
or arenas where patrons are engaged in and/or spectating sport or
game activities.
REPAIR
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment.
RESEARCH AND DEVELOPMENT FACILITY OR LABORATORY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto. With respect to the
application of this chapter, such facility shall meet the standards
of a controlled industry.
RESTAURANT
An establishment where food and beverages, whether or not
alcoholic, are sold to the public for consumption on the premises.
Such establishment must have a full kitchen and menu as required by
the NYS Liquor Authority when the sale of beer, wine, and/or liquor
is provided.
SCREENING
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, berms or other features.
SEQR(A)
The New York State Environmental Quality Review Act.
SETBACK
The horizontal distance from any building or from a specific
building to the nearest point on an indicated lot line or street line.
SIGN
Any object, device, display or structure, or part thereof,
visible to the public from outside a building or from a traveled way
that is used to advertise, identify, display, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any means, including but not limited
to words, letters, figures, designs, symbols, fixtures, colors, illumination
or project images. "Signs" shall also include all sign structures.
A sign for the purposes of this chapter does not include the following:
A.
A flag or emblem of any nation, organization of nations, state
or Village, or any fraternal, religious or civic organization;
B.
Merchandise, pictures or models of products or services incorporated
in a window display;
C.
Official notices issued by any court or public office or officer
in the performance of a public or official duty;
D.
Traffic control signs as defined in the NYS Vehicle and Traffic
Law; and
E.
Works of art, including murals, that do not contain any commercial
message, logo, graphic, or trademark.
SIGN TYPE
The design and/or structure of a sign, including but not
limited to freestanding signs, wall signs, projecting signs, suspended
signs, awning signs, and window signs.
SIGN, AWNING
A sign applied to the cover of a movable frame of the hinged-,
roll- or folding-type of awning.
SIGN, DIGITAL
A sign that utilizes computer-generated messages or some
other electronic means of changing copy. These signs may include displays
using incandescent lamps, LEDs, LCDs or a flipper matrix.
SIGN, DIRECTIONAL
A sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking entrances, parking areas, one-way
driveways, restrooms, pickup and delivery areas, drive-through ATM
machines, and hours of business. Such sign shall not carry a commercial
message.
SIGN, FREESTANDING
A self-supporting sign not attached to any building, wall,
or fence, but in a fixed and permanent location.
SIGN, GOVERNMENTAL
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any general law, local
law or governmental regulation.
SIGN, GROUND
A sign not attached to any building or structure, which may
be supported by one or two columns or posts, provided the distance
between the ground and bottom most edge of the sign is no greater
than three feet.
SIGN, INCIDENTAL
A sign containing no commercial message and typically erected
to identify addresses, entrances, exits, restrooms, hours and days
of operation, public utility locations, emergency addresses and telephone
numbers, etc. These examples are not given by way of limitation; an
incidental sign can contain any noncommercial message in accordance
with this chapter.
SIGN, INTERNAL
A sign that is not intended to be viewed from outside the
property and located so as not to be legible from any public right-of-way
or from any adjacent property, including any signs in interior areas
of shopping centers, commercial buildings and structures, stadiums,
and similar structures of a recreational nature.
SIGN, LAWN
A sign constructed of materials not intended for permanent
installation that are attached to a single or multiple wire posts
for support and stuck into the ground. The height of a lawn sign shall
include any posts or supports. Political campaigns, garage sales,
and charitable events, for example, are often advertised with lawn
signs.
SIGN, NONCONFORMING
Any lawful sign existing at the time of adoption of this
chapter, or any subsequent amendments thereto, which does not conform
to the regulations of this chapter or to the regulations of the district
in which it is located.
SIGN, PAINTED
A type of sign in which the message, logo, graphic, and/or
other visual elements are painted directly upon a building facade.
Painted signs shall be regulated as wall signs.
SIGN, POLE
A sign not attached to any building or structure and is supported
by one or two columns or posts with a distance exceeding three feet
between the ground and the bottommost edge of the sign.
SIGN, PORTABLE
A sign capable of being readily moved or relocated, including
signs mounted on a chassis and wheels.
SIGN, PROJECTING
A sign which is erected on a building or other structure
and which extends more than six but less than 39 inches beyond the
surface to which it is affixed.
SIGN, SANDWICH BOARD
A portable sign with two separate sides, which are attached
at the top and diverge at an angle no greater than 45°.
SIGN, SUSPENDED
A sign attached to and supported by the underside of a horizontal
plane.
SIGN, TEMPORARY
A sign which is not intended to be used for a period of time
exceeding 30 days and is not attached to a building, structure, or
ground in a permanent manner. Such signs usually being constructed
of poster board, cardboard, masonite, plywood, or plastic material
and mounted to wood, metal, wire or rope frames or supports.
SIGN, WALL
A sign fastened to the wall of a building or structure in
such a manner that the wall becomes the supporting structure for or
forms the background surface of the sign and which does not project
outward more than six inches from the facade.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within three feet of the window, but shall not include graphics in
connection with customary window display of products.
SIGNBOARD
The horizontal board which stretches across the top of the
street-level store front facade and is an integral architectural feature
of the building.
SITE PLAN
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design for the proposed use of a
single parcel of land as shown on said plan. Plats showing lots, blocks
or sites which are subject to subdivision review and approval pursuant
to authority provided by Article 7 of the Village Law shall continue
to be subject to such review and shall not be subject to review as
site plans under this chapter, except to the extent that development
is proposed for only one lot as resulting from said subdivision.
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted
in this chapter subject to requirements imposed by such permitted
use to assure that the proposed use is in harmony with this chapter
and will not adversely affect the neighborhood if such requirements
are met.
SPECIALLY PERMITTED USE
A particular land use which is permitted within a given zoning
district, subject to conditions imposed to assure that the proposed
use is in harmony with the requirements of this chapter and will not
adversely affect the neighborhood or vicinity if such conditions are
met.
STREET
Any federal, state, county or municipal highway or road,
or any street shown upon a subdivision plat filed in the County Clerk's
office.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building.
SUBDIVISION
The division of a tract of land into two or more lots, building
sites or other division for the purpose of sale, lease, transfer or
building development. This shall include lot line adjustments.
SWIMMING POOL
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools as well as the mechanical apparatus and equipment used
to operate the pool.
SWIMMING POOL, RESIDENTIAL
A swimming pool which is situated on the premises of a single-family
dwelling, two-family dwelling, multifamily dwelling of not more than
eight units, manufactured home, or mobile home.
TAVERN
An establishment where beverages, beer, wine, and/or liquor
are sold to the public for consumption on the premises. Such a use
shall include a minimum food preparation area and menu that satisfies
the NYS Liquor Authority's minimum food requirement, where applicable.
Also referred to as a "bar."
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
TELECOMMUNICATIONS FACILITY
Includes telecommunication towers, accessory facilities or
structures and/or antennas and any buildings and/or equipment used
in connection with the provision of cellular telephone service, personal
communication services (PCS's), paging services, radio and television
services and similar broadcast services.
TOWER
Any structure, including but not limited to a pole, windmill
or other such structure, whether attached to a building, guyed or
freestanding, designed and/or used for the support of any device for
the transmission and/or reception of radio frequency signals, including
but not limited to broadcast, shortwave, citizen's band, FM or
television or microwave and/or for the support of any wind-driven
device, whether used for energy conservation or not.
TREE
Deciduous or coniferous tree located within the Village Woodland
EPOD that has a six-inch diameter at breast height (dbh) or larger.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or the equivalent shall not be deemed to
include any nonconforming use.
VALANCE
A projection of fabric below the main frame of an awning
to create a decorative edge.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals, provided
for by NYS Village Law, for the use of land in a manner which is not
allowed by the dimensional or physical requirements of the applicable
zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals, provided
for by NYS Village Law, for the use of land for a purpose which is
otherwise not allowed or is prohibited by the applicable zoning regulations.
VEHICLE SALES
A commercial establishment offering new or used vehicles
for sale, rental, or lease, including personal vehicles, commercial
vehicles, or other registered automobiles.
VEHICLE SERVICE OR REPAIR SHOP
A commercial establishment offering vehicle repair or maintenance
services, such as adjustments, painting, replacement of parts, or
other parts thereof, whether or not accessory or incidental to another
use.
VILLAGE BOARD
The Board of Trustees of the Village of Honeoye Falls, New
York.
WALL
A structure of wood, stones or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials, as in
the cases of retaining walls or bulkheads.
YARD, FRONT
An open unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building and the
front lot line of the lot, and extending from side lot line to side
lot line.
YARD, REAR
A space on the same lot with a building, situated between
the nearest roofed portion of the building and the rear lot line of
the lot, and extending from side lot line to side lot line.
YARD, SIDE
An open unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot, and extending
through from the front yard or from the front lot line where no front
yard exists to the rear yard or to the rear lot line where no rear
yard exists.