Village of Waterloo, NY General Provisions

Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word "lot" includes the word "plot." The word "building" includes the word "structure." The word "shall" is intended to be mandatory. The word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

When used in this chapter, unless otherwise expressly stated, the following words and terms shall have the meanings indicated:

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.

ADULT DAY-CARE FACILITY

Residential and recreational facilities (licensed and inspected by the Seneca County Department of Social Services and/or licensed by the New York State Department of Social Services) for adults where minimal medical care and personal hygiene are provided for less than a twenty-four-hour period to persons with limitations due to age or physical disabilities.

ADULT RESIDENTIAL CARE FACILITY

Residential facilities for adults where minimal medical care and personal hygiene are provided to residents on a full-time basis for persons who, by reason of limitations associated with age or physical disabilities or mental disabilities, are unable to live independently. There are two types:

(1)

Facilities for three or fewer adults, licensed and periodically inspected by the Seneca County Department of Social Services.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2)

Facilities for four or more adults, licensed and periodically inspected by the New York State Department of Social Services.

[Amended 7-12-1999 by L.L. No. 3-1999]

ADULT USE

See "business, regulated sexually oriented adult."

ALLEY

A narrow service way providing a secondary means of access to abutting properties.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts of the interior or exterior facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

AMUSEMENT ARCADE

A building or place which provides entertainment by means of coin- or token-controlled amusement games and which contains three or more such devices.

AMUSEMENT CENTER

Any indoor place or enclosure in which is maintained or operated, for the amusement, patronage or recreation of the public, any amusement device of any description and particularly, but not by way of limitation, the type commonly known as "bagatelle," "baseball" or "football" and "pinball amusement games." An amusement center may include an indoor commercial rifle range.

AMUSEMENT GAME

Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game of skill by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:

A jukebox.

Amusement rides.

Bowling lanes.

Any device maintained within a private residence for use of the occupants thereof and their guests.

(5)

Any device the possession or use of which is prohibited by law.

(6)

A pool table.

(7)

An adult bookstore or novelty store.

ANIMAL HARBORING

The keeping of more than three dogs, three cats or any number of other animals or fowl. In the pursuit of a defined terminal educator project or by special permit a reasonable number of small animals may be maintained, provided that they do not create a public nuisance.

ANIMAL HOSPITAL

An establishment for the temporary occupation by sick or injured animals for the purpose of medical treatment.

AREA, BUILDING

The area taken on a horizontal plane at the grade level of the principal building or accessory building, exclusive of uncovered porches, terraces and steps.

AUCTION HOUSE

An auction house, gallery, etc., is an establishment which is used for the occasional or singular purpose of conducting auctions, either publicly or privately.

BED-AND-BREAKFAST

An owner-occupied, one-unit dwelling that has five guest rooms or fewer within which is provided overnight accommodation for transient guests who stay up to five nights and which includes the serving of breakfast but no other meal to such guests.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

BOARDINGHOUSE

Any dwelling in which three or more persons are housed or lodged, with or without meals, for hire and without private bath and cooking facilities. A rooming house or a furnished room house shall be deemed a boardinghouse.

BUILDING

Any structure having a roof supported by columns or by walls or intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING, ACCESSORY

A subordinate building or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors, enclosed porches and unenclosed porches projecting more than 10 feet from the front wall of the building but does not include steps.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BULK REGULATIONS

Those regulations which refer to dimensional or numerical requirements in this chapter, such as, but not limited to, lot size, lot width and depth, yard dimensions, floor area ratio, percentage of lot coverage, percentage of impervious material, building height, number of parking spaces and density, and supplemental regulations which refer to dimensional or numerical requirements.

BUSINESS, LIMITED

A commercial activity generally conducted within an office and characterized by services of a clerical, administrative, technical, professional or general business nature, including data processing, computer programming and similar technology, but expressly excluding manufacturing, wholesaling or retail sales of merchandise kept on the premises.

BUSINESS, REGULATED SEXUALLY ORIENTED ADULT

Any business activity, club or other establishment within which the exhibition, showing, rental or sale of materials distinguished or characterized by an emphasis on material depicting, describing or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. Regulated businesses shall include, but are not limited to, adult arcades, adult markets, adult motion picture theaters, adult theaters and adult video rental/sale stores as hereinafter defined.

(1)

ADULT ARCADEAn establishment where, for any form of consideration, one or more machines for viewing by five or fewer persons each are used to show films, motion pictures, videocassettes, slides or other photographic, electronic or computer-generated reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas as defined hereinafter.

(2)

ADULT MARKETAn establishment that has as a substantial portion (over 25% of total retail space) of its stock-in-trade and offers for sale or rent, for any consideration, any one or more of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

(3)

ADULT MOTION PICTURE THEATERAn establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown and in which a substantial portion (25%) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(4)

ADULT THEATERA theater, concert hall, auditorium or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or specified sexual activities.

(5)

SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.

(6)

SPECIFIED SEXUAL ACTIVITIESAs herein specified, "sexual activities" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any activities set forth above.

BUSINESS, RETAIL

A commercial activity designed for and primarily characterized by the direct on-premises sale of goods and services to the ultimate consumer, generally involving stock-in-trade such as are normally associated with department stores, food markets and similar establishments, but also including financial institutions and business and professional offices and services, including on-premises manufacturing, processing, servicing and preparation and wholesale business transactions customarily associated therewith but clearly incidental thereto. This term shall not include places of public assembly or medical centers.

BUSINESS, WHOLESALE

A commercial activity characterized by the sale of merchandise in bulk to retail, manufacturing, institutional or other wholesale establishments, including on-premises storage and distribution facilities.

CAMPING TRAILER

Any vehicle used or arranged for temporary living or sleeping purposes, mounted on wheels and drawn by a power-driven vehicle, or such type vehicle having its wheels removed.

CARPORT

Any open, roofed structure, either attached or detached, used for the storage of one or more automobiles.

CAR WASH

A building or portion thereof containing facilities and coin-operated or drive-through equipment for washing motor vehicles.

CHURCH or PLACE OF PUBLIC WORSHIP

A building or area of public assembly for worship and qualifying for property tax exemption by the State of New York.

CLUB

Any organization catering to members and their guests, or premises and buildings for recreational or athletic purposes and not open to the general public, which is not conducted primarily for gain, provided that it is not conducting any vending stands, merchandising or commercial activities except as required for the membership and purposes of such club. For the purpose of this chapter, "clubs" shall include lodges, fraternal organizations, mutual benefit societies and other like organizations.

CONVENIENCE MARKET

A small retail activity which offers for sale convenience goods, such as food, beverages, sundries and/or gasoline. (See "gasoline station.")

CONVERSION

Changing of the use or occupancy of a dwelling by alteration or by other reorganization so as to increase the number of families or dwelling units in a structure in accordance with provisions of the district in which it is located.

DAY CARE

As regulated by the New York State Department of Social Services:

(1)

FAMILY DAY CAREAs used in § 390 of the Social Services Law, "day care of children" shall mean care provided for three or more children away from their own homes for less than 24 hours per day in a family home which is operated for such purpose, for compensation or otherwise, for more than five hours per week. A permit or certificate, as appropriate, is issued by the Office of Children and Family Services to regulate this type of care.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2)

DAY-CARE CENTER (FACILITY):

[Amended 7-12-1999 by L.L. No. 3-1999]

(a)

As used in the Social Services Law, "day care of children" shall mean care provided for three or more children away from their own homes in a day-care center, excluding those children receiving family day care as defined in "family day care." Such care shall be for more than three hours and less than 24 hours per day per child for any child accepted for care therein. The term "day care of children" includes services provided with or without compensation or payment.

(b)

"Day-care center (facility)" shall mean a place, person, association, corporation, institution or agency which provides day care as defined in the Social Services Law and in which parents, guardians or others responsible for care place children. The name, description or form of the entity which operates a day-care center shall not affect its status as a day-care center.

DILAPIDATED

A structure that has fallen into disrepair as defined by the Village Planning Board.

DWELLING

A building or part of a building constructed for or intended for occupancy as a permanent residence by one or more families. "Dwelling" may include but not be limited to the following types:

(1)

SINGLE-FAMILY DWELLINGA dwelling designed for occupancy by one family, constructed on one lot and having yard area on all sides of the dwelling unit.

(2)

MULTIFAMILY DWELLINGA freestanding residential building of two or more dwelling units, with common walls and floors, constructed on one lot or adjacent lots. It may or may not have indirect entrance from the outside to each dwelling unit, and yard area or open space may be assigned to each dwelling unit for exclusive use or common use. "Multifamily dwellings" are further defined as follows:

(a)

MULTIPLEX:

[1]

A structure of three or more dwelling units on one lot or adjacent lots, attached side by side, back to back or side to back so that at least two intersecting exterior walls of each unit remain unattached, having one or more common walls, with yard areas or private open space on at least two sides of each dwelling unit.

[2]

A two-family unit of two dwelling units on one lot, attached side by side or ceiling to floor, having one wall or floor in common, with yard area on all sides of the dwelling unit, or a duplex of two dwelling units on two adjacent lots, attached side by side or ceiling to floor, having one wall, with yard area on three sides of the dwelling unit.

(b)

TOWNHOUSEA structure of three or more dwelling units on one lot or adjacent lots, attached side by side so that each unit has one or two common walls and at least two exterior walls, with yard area or private open space on at least two sides of each dwelling unit and on three sides of the end dwelling units.

(c)

GARDEN APARTMENTA multifamily dwelling no more than two stories in height from ground level.

(d)

MID-RISE APARTMENTA multifamily dwelling of from three to six stories in height from ground level.

(e)

HIGH-RISE APARTMENTA multifamily dwelling of more than six stories in height from ground level.

(3)

MIXED-USE DWELLINGA building designed as a multifamily dwelling combined with the other uses permitted in the district in which it is located.

(4)

ACCESSORY DWELLINGA building or apartment accessory to the main dwelling, such as a caretaker's residence or a maid's apartment.

DWELLING UNIT

That part of a dwelling designed for use by one family only and containing one or more rooms or facilities for living, including cooking, sleeping, storage of possessions and sanitary needs. (Units designed for transient occupancy, such as hotels, motels or tourist homes, or for sleeping and sanitary needs only, such as a club, rooming house, fraternity or institutional home, are not considered as dwelling units for the purposes of this chapter.)

FAMILY

One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants. A number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit. A fraternity, club or boardinghouse shall not be considered a family.

[Amended 7-12-1999 by L.L. No. 3-1999]

FENCE

A structure designed to separate one portion of land from another. For the purposes of this chapter, "fence" shall also include walls, screens, trees, bushes or hedges and shall be further defined as follows:

(1)

SECURITY FENCEA fence which provides limited or controlled ingress to and egress from a portion of the building lot.

(2)

PRIVACY FENCEA fence which provides personal privacy and does not necessarily limit or control ingress and egress.

(3)

PRIVACY SHIELDA screen or portion of a fence attached to the rear wall of a building and extending perpendicular to the wall along the side building line extended and not exceeding six feet in height or 16 feet in length.

FLEA MARKET

A temporary area for the sale of new or used merchandise by merchants, vendors or any other persons. (See "temporary sales" and "retail sales.")

FLOOD, ONE-HUNDRED-YEAR

The highest level of flood that, on the average, is likely to occur once every 100 years.

FLOOR AREA, HABITABLE

Rooms occupied by one or more persons for living, eating and/or sleeping, but not including attached or built-in garages, open porches or terraces or rooms below grade. On the first floor it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet, with side walls not less than 5 1/2 feet in height.

FLOOR AREA OF A BUILDING

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to any use except for storage but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RATIO (FAR)

The ratio of the gross floor area of a building to the lot area expressed in a decimal number or percentage. (For example, a building of 1,000 square feet on a lot of 5,000 square feet would give a FAR of 0.2 or 20%.)

FOSTER CARE HOME

A private single-family residence licensed by the Seneca County Department of Social Services and/or New York State Department of Social Services. There are two types of residences:

(1)

FOSTER HOME FOR YOUTHSA residential and family-oriented living environment for up to six children below the age of 16, or age 21 if the child was in foster care prior to age 16. The number six includes any natural or adopted children already in the family unit and living at home. The number six limit may be waived by the Department of Social Services if the foster children are related. This would allow related foster siblings to reside together even though the household's total number of children might exceed the six-person limit.

(2)

FOSTER HOME FOR ADULTSA home which is intended to serve more seriously medically (physically/mentally) ill adults who would otherwise qualify for nursing home care. The foster care provider would be trained to handle basic personal care services with supportive nursing services available. There are generally four beds or fewer per home.

FRATERNITY HOUSE

A dwelling used and occupied by a fraternity, approved by college officials, composed of college or university students and containing and providing domestic and social facilities and services thereto.

FRONTAGE

All the property abutting on one side of a street between two intersecting streets, measured along the street line.

FRONT LINE

See "building, front line of."

FUNERAL HOME

A structure used for burial preparation and funeral services and occupied by a licensed New York State funeral director.

GARAGE, PRIVATE

A garage used for personal property storage purposes only by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for profit and which is used for storage, rental or washing of automobiles or other motor vehicles.

GARAGE SALE

The selling or offering for sale of used or secondhand personal property to the general public from the premises of one's dwelling on a temporary basis. "Garage sale" shall also include the terms "porch sale," "cellar sale," "yard sale," "rummage sale" or any other such terms devised to indicate a sale conducted at one's dwelling. (See "temporary sales" and "retail sales.")

GARDEN APARTMENT

See "dwelling, multifamily."

GASOLINE STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing and providing basic mechanical repair for such motor vehicles.

HOME BUSINESS

An accessory business use conducted entirely within a dwelling by the residents thereof and not occupying more than 15% of the primary residence gross floor area and which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such use, other than the sign permitted by this chapter, and in connection therewith there is involved the employment of not more than one nonresident. The keeping of stock-in-trade for on-premises sales and services to customers as clearly incidental to the home business and nominal in scope is permitted.

HOME OCCUPATION

An accessory business use conducted entirely within a dwelling by the residents thereof and not occupying more than 10% of the primary residence gross floor area and which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such use, other than the sign permitted by this chapter, and in connection therewith there is not involved the employment of nonresidents, keeping of stock-in-trade or on-premises sales, except as clearly incidental to the home occupation and nominal in scope.

HOSPICE

A community of professional and/or lay personnel whose goal is to care for people in the final stages of life and to help them live as fully and comfortably as possible until they die. Such service on an individual basis can occur in a private residence or a special facility used for the purpose.

HOSPITAL

An establishment for temporary occupation by the sick or injured for the purpose of medical treatment.

HOTEL

A building containing transient and/or permanent lodging facilities for the general public and which generally contains accessory facilities such as restaurants, meeting rooms, retail business activities and related activities designed primarily to accommodate the occupants but open to the general public.

IMPERVIOUS MATERIALS

Those materials that do not permit the natural absorption and permeation by soils of rain or other surface water, to include but not be limited to concrete, asphalt, chemical treatment of soils or artificial ground covers as may be used in the construction of roads, walks, driveways, parking areas, patios and recreation facilities. Building coverage is excluded from calculations of impervious materials coverage. (See definition of "lot coverage.")

JUNKYARD

(1)

A lot, with or without buildings, used for the collecting, dismantling, storage, salvaging or sale of wastepaper, rags, scrap metal, junked automobiles, materials, equipment, machinery or vehicles or parts thereof. The deposit or storage of any wrecked or inoperable motor vehicle(s) which would not qualify for inspection by the State of New York or the major parts of any such vehicle(s) shall be deemed to make the lot a junkyard.

(2)

An auto salvage yard.

KENNEL

An establishment for the boarding, breeding, grooming and training of domesticated animals other than those of the property owner. (See "animal harboring.")

LAUNDROMAT or LAUNDERETTE

A business premises equipped with individual clothes-washing machines for cleaning, dry cleaning and drying of clothes for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

LOT

A portion or parcel of land considered as a unit and devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.

LOT, CORNER

A parcel of land at the junction of, and fronting on, two or more intersecting streets.

LOT COVERAGE

That percentage of the plot or lot area covered by uses, buildings, structures, parking and active recreation.

LOT, DEPTH OF

The horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINE

Any line dividing one lot from another.

LOT, WIDTH OF

The mean width measured at right angles to its depth.

MANUFACTURED HOME, RESIDENTIAL-DESIGNED

A single-family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards, Department of Housing and Urban Development (HUD) Code (24 CFR 3280), which meets or exceeds the following criteria:

(1)

The manufactured home has a minimum width over 20 feet (multisection).

(2)

The manufactured home has a minimum of 900 square feet of enclosed living area.

(3)

The manufactured home has a minimum nominal three-twelfths pitch and has a type of shingle commonly used in standard residential construction.

(4)

The exterior siding consists of vinyl or aluminum lap siding, wood, masonite or other materials similar to the exterior siding commonly used in standard residential construction.

(5)

All towing devices, wheels, axles and hitches must be removed.

MINI-MART

A small retail activity which offers for sale convenience goods, such as foods, beverages and sundries, but not including motor fuel, often on a twenty-four-hour-a-day basis. (See "gasoline station" and "convenience market.")

MOBILE HOME, DOUBLE-WIDE and HOUSE TRAILER

Any portable vehicle which is designed to be transported on its own wheels in one or more sections, or those of another, used as a detached single-family residence and which is intended to be occupied as living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical connections for attachment to mobile home park outside systems and which meets all the standards of New York State and does display a Federal Department of Housing and Urban Development (HUD) seal. The definition of "mobile home" includes all additions made subsequent to installation. The definition does not include a residential-designed manufactured home or travel trailer.

MOTEL

A building or group of two or more buildings, whether detached or in connected units, containing transient and/or permanent lodging facilities for the general public and which generally contains accessory facilities such as restaurants, meeting rooms, retail business activities and related activities designed primarily to accommodate the occupants but open to the general public. The term "motel" includes buildings designated as auto cabins, auto courts, motor lodges, tourist courts and similar terms.

MOTOR HOME

Any self-propelled vehicle designated for or used as temporary or permanent living accommodations, including cooking facilities and toilet facilities.

MOTOR VEHICLE

Any self-propelled vehicle registered and approved by the State of New York to operate upon the highways, streets and roads of the state that does not exceed a gross weight of 18,000 pounds.

MOTOR VEHICLE REPAIR SHOP

A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

MULTIPLE PRINCIPAL STRUCTURES

The situation where the principal use of the property is contained in more than one building or structure, such as in an apartment complex.

NEIGHBORHOOD PARKING AREA

An area on one or more building lots devoted to car parking for occupants of adjoining or nearby dwellings and their guests.

NONCONFORMING LOT

A lot existing at the time of enactment of this chapter, or any amendment thereto, and which does not conform to the area regulations for the district or zone where it is situated.

NONCONFORMING STRUCTURE

A structure lawfully existing at the time of enactment of this chapter, or any amendment thereto affecting such structure, which does not conform to the bulk 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 structure, lot or land or part thereof lawfully existing at the time of the enactment of this chapter, or any amendment thereto affecting such use, which does not conform to the use regulations prescribed in this chapter for the district in which it is situated.

NURSING (CONVALESCENT) HOME

An establishment licensed by New York State which houses and provides nursing care for persons who, by reason of age, infirmity or illness, require specialized supervision but not hospital care.

PARKING SPACE

Space available for the parking of one motor vehicle and having an area of not less than 200 square feet (10 feet by 20 feet), exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PARKING SPACE, OFF-STREET

An off-street area or berth, with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

PERFORMANCE STANDARD

A criterion established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards or visual pollution generated by or inherent in the use of land and buildings.

PLAN (PLOT or SITE)

The design of a development, including a plot or subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities. The phrase "provisions of the plan," when used in these regulations, shall mean the written and graphic materials referred to in this definition.

PREMISES

Land and all buildings and structures thereon.

PROFESSIONAL OFFICE

The office or place of business where professional services are offered and which does not involve the sale of goods or the keeping of stock-in-trade. Professional offices are limited to doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists, chiropractors and other professional services licensed by the State of New York or approved by special permit by the Village Planning Board.

PROPRIETARY HOME

An establishment licensed by New York State which houses elderly or handicapped persons but does not provide nursing care.

QUARRY, SAND PIT, GRAVEL PIT and TOPSOIL STRIPPING

A lot or land or part thereof used for the purpose of extracting stone, sand or gravel or topsoil for sale as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning permit.

RECREATION CENTER

A building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.

RETAIL SALES

The sale of merchandise at a permanent business location, even though the hours of business may be seasonal or periodic.

ROAD, COLLECTOR

A street which collects the traffic generated on a local street and serves as a relatively short, convenient and direct means of access from the various development areas of the Village to a secondary road system.

ROAD, LOCAL

A street where the prime function is to give direct access to abutting property. Local roads are the internal part of the system to provide movement within residential neighborhoods or other land use areas.

ROAD, MAJOR

A street or highway serving to connect through roads with each other and also to handle internal movement within the Village.

RUMMAGE SALE

The sale or offering for sale on a temporary basis of used or secondhand merchandise by any individual, group or organization to the general public. (See "temporary sales.")

SHOPPING CENTER

A lot used for three or more commercial use units, attached or detached, which relate to a common parking area and common circulation pattern.

SIGN

Any object, device, display or structure, situated outdoors or indoors, which is used to advertise, direct, identify or display products, events and/or services by any means (words, designs, images, symbols or illumination).

SORORITY HOUSE

A dwelling used and occupied by a sorority, approved by college officials, composed of college or university students and providing domestic and social facilities and services thereto.

SPECIAL PERMIT

A permit issued by the Planning Board after review and public hearing for a use requiring a special permit.

[Amended 7-12-1999 by L.L. No. 3-1999]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET LINE

The limit of the street or highway right-of-way line. For the purpose of this chapter, the "street line" shall be the highway right-of-way line.

STRUCTURE

A combination of materials to form construction that is safe and stable and includes, among other things, buildings, stadiums, platforms, radio towers, sheds, storage bins, fences, signs and satellite reception dishes.

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming, and constructed, installed or maintained in or above the ground. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter.

TEMPORARY RESIDENCE

A building or structure, either temporary or permanent, available for occupancy by transient persons. Temporary residences shall include but not be limited to hotels, motels, boardinghouses, lodging houses, tourist homes and rooming houses.

TEMPORARY SALES

The sale of merchandise at a location on a temporary basis. Temporary sales shall include flea markets, garage sales, rummage sales, porch sales, yard sales and moving sales. (See Chapter 133, Garage Sales.)

THEATER

A building or part of a building devoted to showing movies or live stage productions on a paid-admission basis.

TOURIST HOME

A dwelling in which overnight accommodations are provided or offered, with or without meals, for transient guests for compensation.

TOWNHOUSE

See "dwelling, multifamily."

TRAVEL TRAILER or CAMPER TRAILER

Any portable vehicle which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purposes and which may or may not include all of the accommodations and facilities included in a mobile home.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is to be occupied or maintained.

USE, ACCESSORY

See "accessory use."[1]

UTILITY TRAILER

A small trailer, with or without sides or a roof, designed for transporting various objects.

VARIANCE

An authorization granted by the Zoning Board of Appeals to exempt a particular action from the strict letter of this chapter.

(1)

BULK VARIANCEAn authorization by the Zoning Board of Appeals for the construction or maintenance or modification of a building or structure in violation of the bulk requirements of this chapter.

(2)

USE VARIANCEAn authorization by the Zoning Board of Appeals for the establishment or maintenance or modification of a use of a building, structure or land which is prohibited by this chapter.

YARD

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

YARD, FRONT

The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.

YARD, REAR

An open space extended across the entire width of the lot between the rear line of the lot and the rear part of the principal building nearest to such line and unoccupied except for an accessory building and open porches.

YARD, SIDE

An open space on the same lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet for rainwater leaders, windowsills and other such fixtures and open steps.

[1]

Editor's Note: The original definition of "used or occupied," which immediately followed this definition, was deleted 7-12-1999 by L.L. No. 3-1999. See now Subsection A of this section.