Certain words and terms used in this chapter are defined
for the purposes thereof as follows:
ACCESSORY BUILDING OR USE
A building or use clearly incidental and subordinate to the
principal use or building and located on the same lot with such principal
use or building.
ALLEY
A public thoroughfare having a right-of-way width of 20 feet
or less.
AREA, LAND
When referring to the required area per dwelling unit, means
net land area, the area exclusive of street and other public open
space.
AREA, TOTAL FLOOR
The area of all floors of a building, including finished
attics, finished basements and enclosed porches.
AREA VARIANCE
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.
BLOCK
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of the block for purposes
of this chapter.
BUILDING
Any structure constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes and similar
structures, whether stationary or movable.
BUILDING, ACCESSORY
A building the use of which is customarily incidental to
that of a dwelling and which is located on the same lot as that occupied
by the main building.
BUILDING, ALTERATION OF
Any change in supporting members of a building, except such
changes as may be required for its safety; any addition to a building;
any change in use from one location to another; or creation of additional
dwelling units within a building.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof or
a dome intended for human occupancy; to the deckline of a mansard
roof and to the mean height level between the eaves and ridge of a
gable, hip or gambrel roof.
BUILDING OR STRUCTURE, NONCONFORMING
An established building or structure lawful prior to and
at the time of adoption of this chapter which, because of its inherent
nature or construction, does not conform to the provisions of this
chapter for the district in which it is located.
BUILDING OR STRUCTURE, NONCONFORMING USE OF
An established use of a building or structure or use of land
lawful prior to and at the time of the adoption of this chapter that
does not conform to the permitted use provisions of this chapter for
the district in which it is located.
BUILDING, PRINCIPAL
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residence
district, any dwelling shall be deemed the principal building on the
lot on which the same is situated.
CAMPGROUND, COMMERCIAL
Accommodations provided to the public for a fee, which include
such facilities as permanent or temporary structures for living purposes
or sites tailored for handling recreational vehicles of a short-term
duration not exceeding six months per year, recreational activity
areas and structures, water, sewage and waste disposal systems meeting
Department of Environmental Conservation and County Health Department
standards, off-street parking areas, etc.
CAMPGROUND, PRIVATE
Same as "commercial campground," except that it is not intended
for general public use. No fee is charged, and water and sewerage
facilities must meet the same requirements as for residential uses.
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Zoning Board of Appeals.
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
COMMERCIAL DAY CARE
Care for more than 14 children under age 14 and unrelated
to a resident adult for less than 24 hours at a time.
CONSTRUCTION, SEMIFIREPROOF
Construction in which all bearing walls, supporting members
and exterior walls are made of masonry, concrete, steel or other equally
fire-resistant material and in which the roof is of asbestos shingle
or other similarly fire-resistant material.
COURT
An unoccupied open space other than a yard. An "outer court"
is one that extends to the street or to the front or rear yard. An
"inner court" is any other court.
DAY-CARE CENTER
A facility which provides care for six or more children less
than 14 years of age and unrelated to a resident adult for less than
24 hours each day.
DRIVE-IN BUSINESS
A business where patrons may enter the premises and be served
or entertained in automobiles, including drive-in outdoor theaters,
refreshment stands, banks and the like. Deposit and pickup services
shall not be considered drive-in businesses.
DWELLING
A house, apartment building or other building designed or
used primarily for human habitation. The word "dwelling" shall not
include boardinghouses or rooming houses, tourist homes, motels, hotels
or other structures designed for transient residence.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one plot containing separate
living units for three or more families but which may have joint services
or facilities, or both.
DWELLING, ONE-FAMILY
A detached building designed for the use of a single household,
including one or more people living as a family.
DWELLING, ROW OR TOWNHOUSE
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 in common with the walls of adjoining dwellings and are
party or lot line walls.
DWELLING, SEMIDETACHED
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
DWELLING UNIT
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
EFFICIENCY APARTMENT
An apartment which includes the following separate rooms
or combination thereof: a combination living room and bedroom with
a combination kitchen and dining room; or a combination living room,
bedroom and dining room with a separate kitchen, provided that the
kitchen can be closed off from the remainder of the room and the bathroom,
with a toilet and bath facilities, is in a separate room. No additional
room shall be permitted, except hallways and suitable closet and storage
space.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption shall
not be considered to constitute a family.
GARAGE, PRIVATE
A building used for storage space for not more than one commercial
vehicle which shall be owned by a person residing on the premises,
wherein storage is not for profit.
GARAGE, PUBLIC
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
HOME DAY CARE
Care for more than six but fewer than 14 children under age
14 in an individual's home, who are not related to the individual
in residence, for less than 24 hours each day.
HOME OCCUPATION
An occupation conducted in a dwelling unit or customary accessory
structure, provided that the home occupation shall be clearly incidental
and subordinate to the property's use for residential purposes by
its occupants and does not involve the sale of goods or the keeping
of a stock-in-trade unless handcrafted on the premises.
HOME, TOURIST
A private residence in which overnight accommodations are
provided for not more than 10 transient paying guests.
HOSPITAL
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitariums, and shall be limited to the treatment or other care of
humans.
HOTEL
A public inn in which there are 12 or more rental rooms without
provisions for cooking in any individual room or suite.
KENNEL
The keeping of more than three animals of any type that are
more than six months old for commercial purposes and not related to
agriculture.
LOT
A piece, parcel or plot of land occupied or to be occupied
by a principal building and its accessory building or buildings and
including the yards and other open spaces required by this chapter.
LOT, CORNER
A lot which has an interior angle of less than 135° 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 of beginning within the lot or at the points
of intersection of the side lot lines with the street line intersect
at an angle of less than 135°.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
record or deed prior to the date of adoption of this chapter as shown
on the records of the Livingston County Clerk.
MOBILE HOME
A portable structure designed to be transported on its own
wheels which is used, designed to be used and capable of being used
as a detached single-family residence and which is intended to be
occupied as permanent living quarters, containing sleeping accommodations,
flush toilet, tub or shower, kitchen facilities and plumbing and electrical
connections for attachment of outside systems. The definition of a
mobile home includes all additions made subsequent to the installation
of the principal structure. This definition does include double-wide
manufactured homes but does not include modular dwellings placed on
a standard foundation or a travel trailer.
MODULAR DWELLING
A housing unit constructed off site consisting of more than
one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meets all the
standards of the New York State Uniform Fire Prevention and Building
Code. The definition of modular dwelling shall not include mobile
home.
MOTEL
A public inn containing not fewer than eight rental units
with provisions for but not limited to automobile parking space to
accommodate not fewer than one car per rental unit and separate toilet
facilities and hot and cold running water for each rental unit.
NONCONFORMING USE
An established use of a building or structure or of land
lawful prior to and at the time of adoption of this chapter that does
not conform to the permitted use provisions of this chapter for the
district in which it is located.
PORCH, OPEN
A porch open on three sides except for wire screening. A
porch shall not be considered "open" if enclosed by either a permanent
or a detachable glass sash. A structure having a driveway running
to it, under it or through it shall not be considered to be an open
porch.
PROFESSIONAL OFFICES
The office or place of business where professional services
are offered, and does not involve the sale of goods or the keeping
of a stock-in-trade. Professional offices include but are not limited
to those of doctors, dentists, surgeons, attorneys, real estate brokers,
architects, engineers, planners, surveyors, insurance brokers, accountants,
psychologists and chiropractors.
RENTAL MINI-STORAGE
A building or a group of buildings in a controlled-access
and fenced compound that contains varying sizes of individualized,
compartmentalized and controlled-access stalls or lockers for the
dead storage of customers' goods or wares.
RETREAT
Any home or other structure used for formal or informal gatherings
of 20 or more people at one time staying overnight at the facility
on a regular basis (six or more overnights during any sixty-day period).
Retreat shall not include a hotel, motel, campground, boarding home,
nursing home or other institutional use.
SATELLITE ANTENNA
A device capable of receiving or a device similar in design
to devices which are capable of receiving signals, either by reason
of satellites or other objects in planetary orbit.
STORAGE
The accessible area within a building not used as living
space. It can include a basement or usable attic but shall not include
breezeways or porches.
STORY
That part of a building included between any floor, other
than a basement, and the floor or roof next above.
STREET
Any public way dedicated to public travel greater than 20
feet in width. The word "street" shall include but not be limited
to the words "road," "highway" and "thoroughfare."
STREET LINE
The right-of-way line of a street as indicated by dedication
or by deed of record.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or which
is prohibited by this chapter.
VARIANCE
See the definitions of "area variance" and "use variance."
YARD, FRONT
An open space extending across the entire width of the lot
between the building line or front main wall of a building and the
front property line (street or road right-of-way line) and into which
space there shall be no extension of building parts other than steps,
open porches, eaves, cornices and similar fixtures.
YARD, REAR
An open space extending across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot and unoccupied except for accessory buildings and open
porches.
YARD, SIDE
An open, unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard, into which
space there shall be no extension of building parts other than eaves
with an overhang of not more than two feet, rainwater leaders, windowsills
and other such fixtures and open steps for a distance not exceeding
four feet.