For the purpose of this chapter, certain words
and terms shall have the following meanings. Unless defined below,
words and phrases used in this chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
A subordinate building clearly incidental to the principal
building or principal use on the same lot, or declared to be accessory
to permitted uses by this chapter, and used for purposes customarily
incidental to those of the principal building. Examples include, but
are not limited to, temporary or portable vehicle shelters of any
size and the following structures when over 120 square feet in size:
garages, sheds, pole barns, greenhouses, gazebos, stick-built prefabricated
storage buildings.
A permitted land use activity which is subordinate, incidental,
and secondary to the main use permitted on the same lot.
A building, structure or tract of land used for the storage
and sale of gasoline, motor fuel, lubricants, accessories, supplies
and any other materials related to the maintenance or equipment of
automobiles or in which repairs, adjustments, maintenance or the equipping
of automobiles is conducted. The term shall include, without limitation,
the rendering of the following services: fueling or changing oil,
water, batteries or tires; replacing fan belts, air filters or oil
filters; and installing windshield wiper blades or light bulbs. The
term shall not include any such establishment which renders such services
or stores such materials for a single commercial or industrial establishment
rather than offering such services and materials to the public.
A dwelling in which no more than four guest rooms are rented
to guests, with no more than one meal served daily, and the entire
service, food and lodging, is to be included in one stated price.
The proprietor must reside on the premises.
The Zoning Board of Appeals for the Village of Horseheads.
The governing body of the Village of Horseheads.
Any structure, permanent or temporary, where space is covered
or enclosed.
A lot which has an interior angle of less than 135º
at the intersection of two street lot lines. A lot abutting upon a
curved street or streets shall be considered a "corner lot" if the
tangents to the curve at its points beginning within the lot or at
the points of intersection of the side lot lines with the street line
intersect at an interior angle of less than 135º.
That percentage of the lot, plot or land area covered by
the building area.
See "porch."
[Added 3-11-2004 by L.L. No. 4-2004]
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports, which shall not be enclosed except for required open guardrail
and which is unroofed except for retractable awning or other similar
temporary cover.
[Added 3-11-2004 by L.L. No. 4-2004]
Every entrance or exit used by vehicular traffic to or from
lands or buildings abutting a street.
Any building or other shelter containing one or more rooms,
with living, cooking, sanitary, and sleeping facilities arranged for
the permanent occupancy of one family and used exclusively therefor,
unless otherwise permitted.
A structure or part of a structure containing a room or rooms
designed for human occupancy by one family and including customary
kitchen facilities.
The erection, construction, alteration or maintenance by
public utilities or Village or other governmental agencies of underground
or overhead gas, electrical or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or Village or other governmental agencies or for
the public health or safety or general welfare, but not including
buildings.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
In the case of a lot abutting upon only one street, the line
separating such lot from such street. In the case of a lot that abuts
more than one street, the "front lot line" will be determined as the
street contained in the mailing address for the lot.
A yard between the front lot line and the front line of a
building, excluding entranceway, extended to the side lot lines of
the lot.
An accessory building designed or used for the storage of
private motor vehicles, or other personal property, owned and used
by the occupants of the building to which it is accessory.
The structure and area of land that is used for the sale
of gasoline and sale of food items and other salable items found in
convenience stores.
An area on a developed site that includes plantings, flower
beds, lawn and other landscaping; maintained open space.
The height of a building is the vertical distance measured
from the average elevation of the proposed grade line of the ground
about the building to the mean height between the eaves and ridge
for pitched roofs and to the highest part of the roof for parapet
roofs.
A business, profession, occupation or trade conducted for
gain or support entirely within a residential building, or a structure
accessory thereto, which is incidental and secondary to the use of
such building for dwelling purposes and which does not change the
essential residential character of such building.
Home occupations shall include, but shall not
be limited to, a hairdresser, barber, doctor, lawyer, insurance agent,
financial consultant, accountant, tutor, artist, author, surveyor,
engineer, architect, licensed massage therapist, computer consultant,
home secretary, contractor's office, custom dressmaking or tailoring,
cosmetologist and desktop publishing.
The occupation must be conducted by the person
or persons owning and residing in the dwelling unit and no more than
one additional employee, whether employed on site or off site.
There shall be no external evidence of the occupation
other than one sign, not exceeding four square feet in area, which
shall be attached to the dwelling.
A home occupation shall generate no traffic
which cannot be accommodated in the existing residential driveway
serving the residence and shall produce no noise, smoke, dust, odor,
heat, glare or electronic disturbances beyond the lot it occupies.
The amount of the entire dwelling that may be
used for the conduct of the home occupation shall be no more than
25% of the living space. For purposes of this section, living space
shall not include the garage, attic or cellar, and such home occupation
may not be conducted in such space.
An institution providing health services primarily for inpatients
and medical or surgical care of the sick or injured, including, as
an integral part of the institution, such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices.
A dwelling where rooms for 10 or more persons are offered
for hire, with or without meals.
Any vehicle not possessing a current motor vehicle registration
and parked in an unenclosed area on a lot.
An area of land, with or without buildings, primarily used
for the storage, outside of a completely enclosed building, of used
and discarded materials, including but not limited to wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
of two or more wrecked, abandoned or broken motor vehicles, other
than in a fully enclosed building, for a period of 30 days or longer,
or the major parts of two or more such vehicles, shall be deemed to
make the lot a "junkyard."
The planting and maintenance of live plants, including trees,
shrubs, ground cover, vines, grapes, flowers and other plant materials.
A parcel of land occupied or designed to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter
and such open spaces as are arranged and designed to be used in connection
with such building.
The mean horizontal distance between the front and rear lot
lines.
The distance between the two side lot lines, measured at
the required setback line.
A transportable single-family dwelling, which may be towed
on its own running gear and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes
and which conforms to the Department of Housing and Urban Development
Manufactured Home Construction and Safety Standards, 24 CFR Part 3280,
April 1, 1993.
A hotel intended primarily for transient motorists.
A building intended or designed to be occupied by three or
more families living independently of one another, each dwelling unit
containing complete kitchen and sanitary facilities for each family.
Any use of a building, other structure or tract of land which
was lawful prior to the adoption, revision or amendment of this Zoning
Law but which fails to conform to the use regulations for the district
in which such use is located by reason of such adoption, revision
or amendment.
Any dwelling with fewer than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
A dwelling, designed and occupied by one family, with a minimum
of 750 square feet of enclosed first-floor living area.
A zoning district providing for development and use standards
alternative to those permitted by the primary zoning district.
An area of at least three acres in size in one ownership
designed and built as a single unit providing a street system and
water and sewer facilities as necessary and used for residential or
commercial or industrial purposes or some combination thereof.
The Planning Board of the Village of Horseheads.
A roofed, open structure projecting from the outside wall
of a building, the sides of which shall not be enclosed except for
required open guardrail. For the purposes of this definition, a retractable
awning or other similar temporary cover shall not be considered a
roof.
[Added 3-11-2004 by L.L. No. 4-2004]
The following are primary zoning districts: R-1 Single-Family
Residential District; R-1A Single-Family Residential District; R-2
Two-Family Residential District; R-3 Multifamily Residential District;
C-1 Neighborhood Commercial District; C-2 Hanover Commercial District;
C-3 Highway Commercial District; M-1 Industrial District; P-1 Planned
Unit Development District.
The building in which is conducted the main or principal
use of the lot on which it is located. Any building which provides
sleeping quarters shall be considered a "principal building."
See "garage, private."
A commercial use or building where personal services, as
distinguished from the practice of a trade, craft, or business, are
rendered by a practitioner of a learned profession (an occupation
requiring special education and advanced degrees, especially in the
liberal arts or sciences, and generally requiring continuing education
to maintain current licensure to so practice), such as an attorney
(admitted to practice law in New York State), or a licensed physician,
psychologist, chiropractor, dentist, optometrist, architect, landscape
architect, engineer or public accountant (all as defined or regulated
by the New York State Education Law), as well as an insurance broker
or salesperson (licensed by the NYS Insurance Department), and a real
estate broker or salesperson (licensed by the NYS Department of State).
[Amended 8-12-2004 by L.L. No. 7-2004; 8-14-2005 by L.L. No.
5-2005]
That lot line which is opposite and most distant from the
front lot line.
A yard between the rear lot line and the rear line of the
principal building extended to the side lot lines of the lot.
A dwelling where rooms for fewer than 10 people are offered
for hire, with or without meals; sometimes termed a "boardinghouse."
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be common with the walls of adjoining dwellings and are
party or lot line walls.
That lot line which is not a front lot line or a rear lot
line.
A yard between the principal building and a side lot line
and extending through from the front yard to the rear yard.
A building intended or designed to be occupied for residential
purposes by not more than one family.
A permit which when issued authorizes the lawful establishment
of a special use.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board and approval
by the Board of Trustees before it may be permitted in the districts
enumerated in this chapter.
See "building."
A rooming house primarily offering overnight accommodations
for fewer than 10 transients.
A building intended or designed to be occupied for residential
purposes by two families living independently of one another, each
dwelling unit containing separate and complete kitchen and sanitary
facilities.
The space on a lot not occupied by a building.
Words in the present tense include the future;
the singular number includes the plural, and the plural, the singular;
the word "lot" includes the word "plot;" and the word "building" includes
the word "structure."
