Village of Yorkville, NY Article II Applicability; Definitions

§ 109-5 Review and approval required; exceptions.

A. All new land use activities within the Village shall require site plan review and approval before being undertaken, except the following:

(1) Construction of one-family dwellings and ordinary accessory structures and related land use activities.

(2) Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.

(3) Ordinary repair or maintenance or interior alterations to existing structures or uses.

(4) Exterior alterations or additions to existing structures in Zone R-1.[1]

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

[1] Editor's Note: See Ch. 135, Zoning.

(5) Nonstructural agricultural or gardening uses not involving substantial timber cutting.

(6) Commercial business changing ownership and continuing the same business.

(7) Garage, lawn and porch sales not exceeding three days. If such sales take place more often than three times in any calendar year, site plan approval will be required.

B. Any person uncertain of the applicability of this chapter to a given land use activity may apply, in writing, to the Zoning Board of Appeals for a written jurisdictional determination.

§ 109-6 Applicability.

This chapter does not apply to uses and structures which are lawfully in existence as of the date this chapter becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of two years or more shall be subject to review pursuant to the terms of this chapter before such use is resumed. Any use or structure shall be considered to be in existence, provided that the same has been substantially commenced as of the effective date of this chapter and fully constructed and completed within one year from the effective date of this chapter.

§ 109-7 Effect on other provisions.

This chapter in no way affects the provisions or requirements of any other federal, state or local law or regulations. Where this chapter is in conflict with any other such law or regulation, the more restrictive shall apply.

§ 109-8 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:

FAMILY

One or more persons living together as a single housekeeping unit.

LAND USE ACTIVITY

Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. Land use activity shall explicitly include but not be limited to the following: new structures, expansions to existing structures, new uses, changes in or expansions of existing uses, roads, driveways and excavations for the purpose of extracting soil or mineral deposits.

ONE-FAMILY DWELLING

A complete, self-contained residential unit for permanent habitation by one family only and containing one or more rooms and facilities for living, including cooking, sleeping and sanitary needs.

SHORELINE

The mean high-water mark of any lake, pond, river or permanent stream.

STRUCTURE

Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, signs and tanks and any fixtures, additions and alterations thereto.

STRUCTURE, ACCESSORY

Any structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use, a storage shed, a garden house or a similar facility.

B. Any term used in this chapter which is not defined hereinabove shall carry its customary meaning unless the context otherwise dictates.