For the purpose of this chapter, certain words and terms used
herein shall be interpreted as follows:
A.
The word "person" includes a firm, association, partnership, trust,
company or corporation or other entity as well as an individual.
B.
Words used in the present tense include the future tense.
C.
All words in the plural number include the singular number, and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
D.
The word "building" includes the word "structure."
E.
The words "shall" and "must" are mandatory and not discretionary;
"may" is permissive.
F.
The words "used" or "occupied" include the words "intended, designed,
arranged to be used, occupied, rented or leased."
G.
The word "lot" includes the words "plot," "parcel," "tract" or "site."
H.
The word "premises" includes a lot and all buildings or structures
thereon.
I.
To "erect," to "construct" and to "build" a building or structure
each have the same meaning and also include to "excavate" for a building
and to "relocate" a building by moving it from one location to another.
As used in this chapter, the following terms shall have the
meanings indicated:
When used to modify buildings, structures or uses, those
buildings or uses customarily incidental to and located on the same
lot with the permitted principal use.
A detached building or structure which:
Is customarily incidental and subordinate to and serves a principal
building;
Is subordinate in area, extent or purpose to the principal building
served;
Contributes to the comfort, convenience or necessity of occupants
of the principal building use; and
Is located on the same parcel as the principal building.
This definition shall include private garages, but shall exclude
accessory furnace buildings.
An accessory building separate from the principal building
constructed primarily for the purpose of housing a wood, coal or other
solid fuel furnace that serves to provide heat and/or hot water to
the principal building. For purposes of this definition, freestanding
furnaces designed to be placed outside of a building shall be considered
an accessory furnace building.
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Contributory use or structure on the same lot and of a nature
customarily incidental and subordinate to the principal use or structure
and may include alternate energy systems.
The use of land for agricultural production purposes, including,
tilling of the soil, dairying, pasture, animal and poultry husbandry,
apiculture, arboriculture, horticulture, floriculture, viticulture,
and accessory uses for packing, storing, processing and retail sales
of products, provided that the operation of any such accessory uses
shall be secondary to that of the principal agricultural production
activities.
A facility in which agricultural products, which are not
produced on the premises, are graded, sorted, and/or packaged for
the purpose of distribution by truck, rail, or other means.
A facility in which agricultural products, which are not
produced on the premises, are altered for the purpose of canning,
freezing, or other packaging, or are converted or incorporated into
other products.
As applied to a building or structure:
The change or rearrangement in the supporting members of a building
or structure such as bearing walls, columns, beams or girders or in
the exit facilities;
An enlargement of a building or structure, whether by extending
on a side or by increasing in height;
The moving from one location or position to another;
Any alteration whereby a structure is adapted to another or
different use, including any separation into rooms or spaces by the
installation of nonbearing partitions, and
The installation, replacement or alteration of mechanical systems.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure. Current examples include windmills, solar collectors
and solar greenhouses, heat pumps, or other related devices. For the
purposes of this chapter, this definition shall apply to individual
residences and businesses. Commercial generating plants, the prime
function of which is selling energy, are excluded.
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage, or recreation of the public three or
more coin-controlled amusement devices, including the type commonly
known as "bagatelle," "baseball," "football," "pinball," and "video
games."
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household or farm animals,
which may include related facilities, such as laboratories, offices
and temporary quarters for such animals.
The raising or keeping of one or more steers, cows, horses,
mules, hogs, sheep, goats, donkeys, oxen, or other similar animals,
or the raising or keeping of more than four ducks, chickens, rabbits,
geese, quail, chinchillas, mink, or any similar small animals, but
not including dogs and cats. Such uses include the pasturing, feeding,
and sheltering of such animals.
The equivalent of 1,000 pounds of farm animal.
A system of electrical conductors that transmit or receive
electronic frequency signals. Such signals shall include but not be
limited to radio, television, cellular, paging, and personal communication
services (PCS).
A dwelling unit within a two-family or multifamily dwelling
that is intended to be leased or rented. This term shall not be deemed
to include a motel, hotel, boarding house or travel trailer.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition where no repair work is done.
A business where automobiles are displayed for the purpose
of sale or rental.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail, or where minor repair
service and vehicle state inspections may be rendered.
The dismantling or disassembling of used motor vehicles,
mobile homes or manufactured housing; or the storage, sale or dumping
of dismantled, partially dismantled, obsolete or wrecked vehicles
or their parts.
A single-family dwelling where overnight lodging, with or
without the service of meals, is offered to transient guests for compensation.
Such use shall be clearly incidental and secondary to the principal
use of the dwelling. This term includes hostels and tourist homes
establishments but does not include hotels, tourist courts, motor
lodges, tourist cabins or similar terms.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, designed to provide a physical
screen to limit visibility between uses and reduce the escape and/or
intrusion of litter, fumes, dust, noise, or other noxious or objectionable
elements.
Any structure that has one or more floors and a roof, and
is intended for the shelter, housing or enclosure of persons, animals,
or property.
The Codes of New York State.
The percent of building coverage of any lot shall be equal
to 100 times the ratio of the gross horizontal area of all principal
and accessory buildings that have roofs on them (including covered
breezeways, covered porches, covered cantilevered structures, etc.),
measured from the exterior faces of the exterior walls but shall not
include any structure (such as a patio or deck) that does not have
a roof, divided by the horizontal area of the lot.
The vertical distance measured from the mean level of the
ground surrounding the structure to the highest point of the structure
but not including chimneys, spires, tanks, and similar projections.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the building lines.
A document issued pursuant to the Codes of New York State
by the Code Enforcement Officer authorizing the construction of structures.
A building in which is conducted the main or principal use
of the lot on which said building is situated. In any residential
district any dwelling shall be deemed to be a principal building on
the zone lot on which the same is located.
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance or
commodity, tangible or intangible, and includes offices, recreational
and amusement enterprises and any operation where the above-described
activities are conducted in return for remuneration of any type. For
the purpose of this chapter, "business" shall have the same meaning
as commercial, and reference to commercial districts or zones shall
be interpreted as referring to business districts.
Small commercial establishments catering primarily to nearby
residential areas providing convenience goods and services, including
but not limited to grocery stores (of less than 5,000 square feet
in floor area), drugstores, beauty salons, barbershops, carry-out
dry cleaning and laundry pickup stations.
A traffic-generating facility where a product is sold or
a service performed for customers while they are in or near their
motor vehicles in off-street parking or service areas. This term includes
convenience store, drive-in banking, restaurant, fast food service,
drive-in photo processing, drive-in outdoor theatres, autowash or
similar use. This term shall not include retail gasoline services.
Any establishment engaged in the sale of goods or services
not otherwise identified in this section.
A commercial activity designed for and primarily characterized
by the on-premises sale of goods directly to the ultimate individual
and household consumer, but also including servicing, preparation,
storage and wholesale business transactions related to such goods
and customarily associated therewith but clearly incidental thereto.
This term shall not include commercial activity which may also be
similarly characterized, but which is separately identified as a use
permitted within a zoning district.
A business primarily involved in the provision of services,
rather than goods, to other businesses or to the general public. This
term shall not include any service activity which may also be similarly
characterized, but which is separately identified as a use permitted
within a zoning district.
See "dwelling, seasonal."
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes or manufactured
housing designed for year-round occupancy or as a place of residence.
A structure or building designed for the washing, waxing,
or similar treatment of automotive vehicles as its principal function.
A gas station having portable washing equipment shall not be deemed
to be a car wash where such is an accessory service to the principal
service of the gas station.
A roofed structure without enclosing walls, used for the
storage of one or more vehicles.
A tract of land for the disposal or burial of deceased human
beings or remains in a grave, mausoleum, vault, columbarium or other
receptacle. The provisions of this chapter shall apply to all cemeteries
and burial grounds, including those owned by a religious corporation,
municipal corporation, or a cemetery corporation owning a cemetery
operated, supervised or controlled by or in connection with a religious
corporation.
A certificate issued by the Zoning Enforcement Officer upon
completion of the change in use of an existing building or upon the
completion of a project. Said certificate shall acknowledge compliance
with all requirements of the Village's Code, local laws, variances
and special use permits in existence as of the date of the issuance
of the certificate of compliance.
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Codes
of New York State.
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
Any organization catering to members and their guests, or
a building or premises used for recreational, general, social, or
athletic purposes not open to the general public. Clubs shall not
be conducted primarily for gain, and vending stands, merchandising,
or commercial activities shall not be conducted except as required
for the membership and purposes of such club. For the purpose of this
chapter, this term shall include religious organizations, lodges,
fraternal organizations, mutual benefit societies, snowmobiling, archery
or hunting clubs, and other similar organizations.
A development of residential lots, some of which may contain
less area than the minimum lot area required for the zone within which
such development occurs, while maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance or
commodity, tangible or intangible, and includes retail or wholesale
trade, services, offices, recreational and amusement enterprises and
any operation where the above-described activities are conducted in
return for remuneration of any type.
Any vehicle in excess of 20 feet in length carrying a valid
commercial New York State registration plate, which is used for the
transportation of persons, animals or goods, primarily for profit
or which carries permanently affixed business identification sign
exceeding one square foot in area, or any vehicle used for earthmoving
or construction purposes.[3]
Space reserved for use by any and all residents of a housing
development, including but not limited to halls, stairways and landings
in apartment houses.
See "telecommunications facility."
Grounds or facilities used or designed for use by the public
or for groups for meetings, conferences or recreational purposes.
This definition shall not include membership clubs or public parks
and playgrounds, as defined under "park or recreation areas, public."[4]
A retail store containing less than 3,000 square feet of
gross floor area that is designed and stocked to sell primarily food,
beverages and household supplies to customers who purchase relatively
few items. Such an establishment may include the sale of prepared
foods, such as sandwiches, soups, ice cream, etc., for consumption
on or off the premises and may include indoor seating for such purposes.
A convenience store shall meet all of the requirements for a gas station
if it includes the retail sale of gasoline or other vehicular fuels.
The Planning Board of the County of Orleans.
That percentage of the plot or land area covered by the building
area.
The opening along a street at which point vehicles may enter
or leave the roadway.
The care for a child on a regular basis provided away from
the child's residence for less than 24 house per day by someone other
than the parent, stepparent, guardian or relative within the third
degree of consanguinity of the parents or stepparents of such child.
DAY-CARE HOME, FAMILYA residence in which child day care is provided on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise.
DAY-CARE CENTER, CHILDA program or facility which is not a residence in which child dare care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise.
DAY-CARE HOME, GROUP FAMILYA residence in which child day care is provided on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise.
CHILD CARE PROGRAM, SCHOOL AGEA program or facility which is not a residence in which child day care is provided to an enrolled group of seven or more children under 13 years of age during the school year before and/or after the period such children are ordinarily in school or during school lunch periods.
The New York State Department of Environmental Conservation
(NYSDEC).
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Village.
Any change made 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 to farm roads.
A truck terminal facility at which any storage of goods or
chattels is minor, transitory and merely incidental to the purpose
of facilitating the transportation of goods or chattels.
See "business, drive-in."
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a driveway.
The portion of a driveway that is located within a public
right-of-way and which abuts a public street or alley.
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons.
DWELLING, SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING, MULTIPLEA building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
DWELLING, SEASONALA dwelling unit intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including beach cottages, hunting cabins, vacation cottages, summer cottages, and vacation lodges. This definition does not include recreational vehicles, travel trailers, or other vehicles.
One room or rooms connected together for owner occupancy
or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure, and containing independent cooking and sleeping facilities,
designed for occupancy by one family.
A specified (limited) use of private land for a public or
quasi-public purpose.
A multiple dwelling unit in which the sleeping area and living
room are one.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities, but shall not
include telecommunications facilities as defined herein, and shall
not include landfills, waste transfer stations or other facilities
with the primary purpose of handling or disposing of household or
industrial waste.
A lot or land or part thereof used for the purposes of extracting
stone, sand, or gravel 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.
One or more persons, usually but not necessarily related
by blood, marriage or adoption, living together as a single, not-for-profit
housekeeping unit.
See "day-care, home (family)."
See "agriculture."
This term shall include horses, cows, steers, goats, sheep,
pigs, rabbits, fowls, llamas, and other similar animals.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with, and necessary to the operating of the farm as
defined herein.
Any person who grosses an income of $10,000 from agriculture
and who files a Schedule F, IRS Farm Income Form, with their federal
tax return.
PRIVATEAny structure or combination of structures, building or buildings in which people are housed on a farmer's own land who are employed in the individual farmer's personal farming operation, on that farmer's land or land that he has under his control by a valid and existing lease.
COMMERCIALAny structure or combination of structures designed or intended to be used for the housing of persons engaged in casual or per diem labor on a profit basis for farmers other than the owner of the camp.
A structure with more than 120 square feet of gross floor
area intended for the display and sale of farm produce and other agricultural
products or crafts.
Retail outlet, consisting of nonpermanent structures (movable
and temporary), for the sale of agricultural products grown principally
by the operator during the harvest season. (See also "farm market.")
A structure of wood, masonry, wire mesh or other material,
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property. Other fence-related terms:
BARBED WIREStrands of wire twisted together with bars at regular, close intervals.
BOUNDARY-LINE FENCEA barrier of wood, metal, transite, fabricated materials or natural vegetative growth maintained on or within two feet of a property boundary.
HEDGEA row of closely planted shrubs, bushes, etc., forming a boundary or fence.
FARM FENCEAny barrier, fencing, screening or buffering that specifically meets the needs of agricultural land use.
FENCE HEIGHTThe distance measured from the average grade to the top of the fence.
LIVING FENCEAny fence or hedge composed of live materials.
PICKETA stake or slat, usually pointed, used as an upright in a fence.
POSTA piece of wood, metal, etc. usually square or cylindrical, set upright to support a fence.
RAILA bar of wood or metal, etc., placed horizontally between upright posts to serve as a barrier or support.
RAZOR WIREStrands of wire with a continuous or combination of continuous and barbed or sharp cutting edge.
RETAINING WALLA wall built to keep a bank of earth from sliding.
WALLAn upright structure of wood, stone, brick, etc., serving to enclose, divide, support or protect.
A type of lot (commonly flag-shaped in configuration) in
which street frontage is provided by a strip of land which is narrow
in relation to the remainder of the lot and which extends from the
main body of the lot to the street. A lot which does not physically
front on or abut a street, but which has access to a street by means
of an easement over other property, shall be deemed to be included
in this definition. The portion of the lot that provides access to
the interior portion of the lot shall not be less than 20 feet in
width, shall not be considered buildable and shall not be used in
the calculation of the minimum lot area requirements for the zone
district. The interior portion of the lot shall meet the minimum lot
area requirements for the zone district.
FLAG LOT, ACCESS PORTIONThe panhandle portion of a flag lot having at least 20 feet in lot width and which provides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.
FLAG LOT, INTERIOR PORTIONThat portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district, and which excludes the access portion of the lot.
Refer to Chapter 130, Flood Damage Prevention, of the Code of the Village of Medina.
The sum of the gross horizontal areas of the floor(s) of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. All dimensions shall be measured from the
interior faces of exterior walls or from the center line of the base
of walls separating two dwelling units.
All of the property abutting one side of a road, street,
or thoroughfare, measured along the road, street or thoroughfare line.
Premises used for the storage of fuel oil, kerosene or other
combustible fuel in tanks for the sale by motor vehicle or other means
of conveyance to purchasers at some other location, and excluding
gasoline storage tanks used at gasoline stations for retail sales
or tanks used by individuals when fuel is not sold.
A building or portion thereof, with or without an accessory
dwelling unit, used principally for preparing cadavers for interment,
including embalming, holding wakes or conducting funeral services.
The term shall include a mortuary, but shall not include a crematorium.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit. A garage cannot serve as the principal use on any lot.
Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, recreational
vehicles, boats or other tangible personal property.
Any building, land area or other premises or portion thereof
used or intended to be used primarily for the retail dispensing or
sales of vehicular fuels and which may include, as an accessory use,
the sale and installation of lubricants, tires, batteries and similar
accessories. A convenience store shall meet all of the requirements
of a "gasoline station" if it includes the retail sales of gasoline
or other vehicular fuels.
See "excavation."[5]
Land areas covered only by grass, trees or other vegetation.
Minimum shall mean three inches of asphalt, four inches of
concrete or six inches of crushed stone, except that the hard surfaces
on which motor vehicles will be parked or driven shall mean six inches
of asphalt, concrete or crushed stone.
Any area in the Village identified as a site of historical
or cultural significance with certain rules and regulations governing
both land and structures therein.
Any occupation or profession conducted as an accessory and
special use entirely within a dwelling by the occupant or occupants
of the dwelling, which is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and does not change the
residential character thereof. For purposes of these regulations,
Class A home business involve limited client and customer traffic
and/or limited shipment and deliveries to and from the premises. Said
business shall comply with all of the conditions set forth in the
regulations in this chapter that govern the operation of Class A home
businesses. For purposes of this definition, motor vehicle repair
shall not be considered a Class A home business.
Any occupation or profession conducted as an accessory and
special use within a building accessory to the dwelling by the occupant
or occupants of the dwelling which is clearly incidental and secondary
to the use of the premises for dwelling purposes and does not change
the residential character thereof. For purposes of these regulations,
Class B home businesses shall be conducted in such a manner such that
it will involve no client or customer traffic nor deliveries or shipments
to and from the premises and shall comply with all of the conditions
set forth in the regulations that govern the operation of a Class
B home business. For purposes of this definition, motor vehicle repair
shall not be considered a Class B home business.
Any occupation or profession conducted entirely within a
dwelling by the occupant(s) of the dwelling which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the residential character thereof. For purposes of
these regulations, a home occupation shall be conducted in such a
manner such that it will involve no client or customer traffic nor
deliveries or shipments to and from the premises and the operation
of the business shall not be evident by observation from the street
or any of the adjoining properties. Said business shall comply with
all of the conditions set forth in the regulations in this chapter
that govern the operation of home occupations. For purposes of this
definition, motor vehicle repair shall not be considered a home occupation.[6]
An institution providing health services and medical or surgical
care, primarily for temporary inpatients, to persons suffering from
illness, disease, injury, deformity or other abnormal physical or
mental condition, and including as an integral part of the institution
related facilities such as laboratories, outpatient facilities or
training facilities.
A facility, whether open to the public or limited to members
of a group, which offers such activities as game hunting, fishing,
trap or skeet shooting, target shooting, target practice, game farms,
and related uses such as assembly halls or sales of bait or equipment.
The term includes rod and gun clubs and sportsmen's clubs.
A lot, land or structure or part thereof used for the collection,
storage, disassembly, packing, sorting, salvage, buying, selling or
exchange of wastepaper, rags, scrap, or discarded materials or machinery,
or parts of any sort. More than two abandoned, unregistered, disabled,
dismantled, or partly dismantled vehicles, or pieces of equipment,
allowed to remain unhoused on a premises for a period of more than
30 days shall constitute a junkyard. Also, the unhoused storage, sale,
or abandonment of wastepaper, rags, scrap metal, discarded materials,
or the collecting, dismantling, storage, salvaging or abandonment
of machinery, appliances or vehicles not in operating condition shall
constitute a junkyard. Automobile junkyards as defined in Section
136 of the General Municipal Law shall be included within this definition.
Any lot or premises on which four or more domestic animals
more than four months of age are, for commercial purposes, housed,
groomed, bred, boarded, trained, or sold.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or recordings.
CORNER LOTA parcel of land at the junction of, and fronting on two or more intersecting streets, roads, or thoroughfares.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets, roads, or thoroughfares.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
The mean distance from the right-of-way line of the street
to the rear lot line measured in the general direction of the side
lines of the lot.
The linear distance along a lot line which adjoins the road
or highway which provides access to the lot.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A parcel of land properly recorded with the County Clerk
and assigned a unique tax parcel identification number at the time
of passage of this chapter.
The width of the lot between side lot lines at the front
building line as prescribed by the front yard and setback regulations.
A factory manufactured home built on a permanent steel-framed
chassis in accordance with federal Department of Housing and Urban
Development (HUD) standards and designed to be transported to a site
in one or more sections, which is intended to be used as permanent
living quarters by a single-family unit when connected to the required
plumbing, heating and electrical utilities. For the purpose of this
chapter, the removal of transport wheels and/or anchoring of the home
to a permanent foundation shall not remove it from this definition.
The term shall include double-wide manufactured homes.
See § 254-34A(1).[7]
A facility constructed as an accessory use to an animal husbandry
use, riding stable, or kennel, intended to collect, hold, process,
store, treat, or distribute animal solid and liquid waste. Included
within this definition are storage tanks, lagoons, seepage pits, drains,
and collection systems intended to handle animal waste. Not included
within this definition are systems designed and constructed to handle
human waste.
A waterfront facility having docks, moorings, supplies, and
other facilities for small boats, including the sale or rental of
boats, and maintenance thereto.
A facility or institution, whether public or private, where
medical or dental care is furnished to persons on an outpatient basis
by one or more doctors or dentists; a place for the care, diagnosis
and treatment of sick, ailing, infirm or injured persons and those
who are in need of medical or surgical attention but who are not provided
with board or room or kept overnight on the premises; a facility for
human ailments operated by a group of physicians, dentists, chiropractors
or other licensed practitioners for the treatment and examination
of outpatients.
The use of an area of land to remove minerals, metals or
other items of value from the ground for a profit, including gas and
oil wells.
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. A restaurant, tea room or similar establishment
located on the same premises as a motel shall be considered as an
accessory use. The term "motel" includes facilities designated as
tourist courts, motor lodges and similar uses.
Any vehicle designed to be propelled or drawn by power other
than muscle power, except electrically driven wheelchairs being operated
or driven by an invalid. This term shall include automobiles, trucks,
buses, motorcycles, tractor trailers, boats, motor homes, snowmobiles,
all-terrain vehicles and garden and lawn tractors.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles for compensation.
Any area of land, including structures thereon, the principal
use of which is the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers, boats, recreational vehicles
or other vehicles, and which may or may not include the repair of
vehicles as an accessory use. Enclosed showrooms and open display
areas are included in this definition. The sale of motor fuels is
not included in this definition.
A building or structure legally existing at the time of enactment
of this chapter or any amendment thereto, and which does not conform
to the dimensional regulations of the district or zone in which it
is situated.
A lot of record existing at the date of the enactment of
this chapter or any amendment thereto which does not have the minimum
width, depth or area for the district in which it is located.[8]
A building, structure, or use of land which was lawfully
existing prior to the adoption or amendment of this chapter, but which
fails to conform to the regulations of the zoning district in which
it is now located by reason of such adoption or amendment.[9]
A structure designed or used for residential occupancy and
providing limited medical or nursing care on the premises for occupants,
but not including a hospital.
A building in which office use comprises more than 50% of
the total floor area. This does not include home occupations where
offices are a secondary or incidental use.
Area unoccupied by any building, structure or parking area,
whether paved or unpaved. For purposes of these regulations, driveways
and roads are not considered as open space.
An unenclosed area used for temporary or seasonal storage
of vehicles, materials, building supplies, stock, or supplies for
later use in conjunction with a permitted principal use, accessory
use, or special permitted use.
Land developed by a private sponsor with facilities for passive
recreation, e.g., trails and picnic areas, and/or with facilities
for active outdoor individual or organized recreation, e.g., ball
fields, tennis courts, swimming pools, ski trails, and ice-skating
areas. This definition includes golf courses, riding stables, hunting
and/or fishing clubs, and open air theaters or drive-in theaters.
This definition does not include arenas, stadia or other facilities
for the accommodation of more than 200 spectators, campgrounds, or
racetracks or other facilities featuring activities involving motorized
vehicles.
An off-street area with an appropriate means of vehicular
access to a street, intended for the temporary storage of vehicles.
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 providing access thereto.
Outdoor recreation facilities or other entertainment facilities
operated as a nonprofit enterprise by the Village of Medina, any other
governmental entity or any nonprofit organization and open to the
general public. This definition includes areas used for recreation
or conservation purposes, such as picnic areas; swimming pools and
beach areas; scenic overlooks and preservation areas; camping grounds
and campsites; hiking trails; riding stables and trails; playgrounds;
stadiums and arenas for games and sports; amphitheaters and other
performing arts facilities; sites for historical monuments and markers;
and related service buildings, including those for dining and refreshments,
roads, trails, automobile parking areas and signs of an informational,
directional and identificational nature.
Outdoor recreation facilities, operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
The rate in minutes per inch as determined by following the
test procedure as set forth in the most recent edition of the New
York State Waste Treatment Handbook as published by the New York State
Department of Health. Said percolation rates must be obtained from
the area of the site on which a septic system leach bed is intended
to be constructed, or would normally be constructed. For the determination
of minimum lot sizes in accordance with this chapter, such percolation
tests must be taken in native soil.
A land use listed in the zoning district regulations of this
chapter as permitted.
Any church, synagogue, temple, mosque or similar structure
used for worship or religious instruction and which may include social
and administrative rooms accessory thereto.
Any artificially constructed body of water whose use is to
enhance the agricultural process, or for protection, conservation
water supply, or flooding or drainage control.[10]
The main or primary purpose for which a building, structure
or lot is to be used.
A business for the printing of books, magazines or other
publications, excluding retail sales of such products on the premises.
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, medical doctors, dentists, attorneys, architects, engineers, planners,
accountants, real estate brokers, insurance brokers, psychologists
and chiropractors.
This definition is intended to include, but not be limited
to, any one or more of the following uses, including grounds and accessory
buildings necessary for their use:
Cemeteries and associated uses.
Churches, places of worship, parish houses and convents.
Public or semipublic parks, playgrounds and recreational areas
when authorized or operated by a governmental authority, school, or
religious institution.
Nursery schools, elementary schools, high schools, colleges,
or universities.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety buildings.
Administrative office buildings and related facilities operated
by public agencies.
Proprietary or not-for-profit hospitals for the care of human
beings, nursing homes, convalescent homes for adults, or homes for
the aged as the same are defined under the Public Health Law or the
Social Services Law of the State of New York, provided that they are
duly licensed by the State of New York.
Not-for-profit membership corporation or club established for
cultural, social, or recreational purposes.
Day-care centers approved by the New York State Department of
Social Services.
A site that provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
A vehicle type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic types are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and six inches, excluding awnings, and a body length of no more than 40 feet when factory equipped for the road.
TENT CAMPERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
A building, structure or portion thereof used principally
for indoor recreation, sports or leisure activity, conducted as a
commercial enterprise or otherwise as a principal use. The term includes,
but is not limited to, billiard parlors, bowling halls, live or motion-picture
theaters, amusement or video game centers, indoor sports facilities,
gymnasiums, physical fitness centers, martial arts schools and dance
schools. The term does not include adult entertainment establishments,
special events facilities or indoor recreation as a community facility
or as an accessory use for an institutional use, membership club or
nonprofit organization.[11]
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
parking space required by this chapter. One reservoir space shall
be 24 feet long and 10 feet wide.
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase the number of residential units in the structure.
Any establishment, however designated, at which food or drink
is sold for consumption to patrons seated within an enclosed building
or on the premises.
See "business, retail."
A horse stable used for the purpose of renting horses or
ponies for rides, riding lessons, or for training of horses for specific
purposes.
Land set aside for use as a street, alley, or other means
of travel.
The line determining the street or highway limit of public
ownership. For the purposes of this chapter, the right-of-way line
and the street line shall have the same meaning.
MAJORStreets or highways connecting through roads with each other and also handling internal movement within the Village.
SECONDARYStreets serving to connect major roads with each other and also to handle internal movement within the Village.
LOCALStreets which primarily function to give direct access to abutting property. Local roads are the internal part of the system to provide movement within residential or to other land use areas.
PRIVATERoads, streets, or highways whose primary function is to serve private needs on private property. Private roads for commercial purposes shall be built to Village standards. Example: road for mobile home parks, subdivisions, campgrounds.
See "farm produce stand."
A dwelling other than a hotel, motel or tourist home, where
more than two persons are housed or lodged for hire with or without
meals. A rooming house is distinguished from a bed-and-breakfast or
tourist home in that it is designed to be occupied by longer term
residents as opposed to overnight or weekly guests.
A combination of an antenna, whose purpose is to receive
communications or other signals from orbiting satellites and other
extraterrestrial sources, and a low-noise amplifier, whose purpose
is to carry signals into the interior of a building, but shall not
include a telecommunications facility as defined herein.
An institution or place of learning, including private, public
and parochial facilities that provide a curriculum of elementary and
secondary academic instruction, as well as higher education, including
kindergartens; elementary, middle, junior and senior high schools;
and two-year, four-year and advanced degree institutions. This definition
shall not include day-care centers (nursery schools) or specialized,
trade, professional or business schools as defined below.
A school giving regular instruction in trades or specialized
skills, such as welding, hair dressing, cosmetology, or massage; or
professional subjects, such as the dramatic or graphic arts, business,
dancing, languages, music, or sciences; or business skills, such as
computer programming, stenography and secretarial courses. For the
purpose of these regulations, such schools shall be deemed to be commercial
service establishments.
A restaurant which operates only seasonally. Included are
coffee shops, lunch counters, and ice cream parlors.
See "business, service."
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
Any material, structure or device or part thereof composed
of lettered or pictorial matter which is located out of doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person,
business or cause when such is placed in view of the general public.
Definitions for other types of signs:
AWNING SIGNAny visual message incorporated into an awning attached to a building.
BANNER SIGNAny sign intended to be hung either with or without frames, possessing characters, letters or illustrations applied to paper, plastic or fabric of any kind, stretched across or hung over a public right-of-way.
BILLBOARD SIGNAny sign that attracts attention to an object, product, service, place, activity, institution, organization or business not available or located on the lot where the sign is located.
CHANGEABLE LETTER SIGNA sign where the supporting frame or structure is permanent and only the letters, displays or illustrations thereon are changeable or temporary.
CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
FREESTANDING OR PEDESTAL SIGNAny sign not attached or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign which includes reflective and phosphorescent light.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity, or service sold or offered, upon the premises where such sign is located.
PORTABLE SIGNA sign on its own trailer wheels or otherwise designed to be moveable and not structurally attached in the ground or to a building, a structure or another sign.[12]
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally from the plane of such wall or structure.
REAL ESTATE SIGNAny sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
REPRESENTATIONAL SIGNA three-dimensional sign built so as to physically represent the object advertised.
ROOF SIGNAny sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.
DIRECTORY SIGNA listing of two or more business enterprises, consisting of a matrix and sign components.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
The entire area within the single, continuous perimeter enclosing
the extreme limits of writing representation, emblem or any figure
or similar character, together with any material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed. The supports, uprights
or structures on which any sign is supported shall not be included
in determining the sign area unless such supports, uprights or structures
are designed in such a manner as to form an integral part of the display.
Where a sign has two or more faces, the area of all faces shall be
the face area of the sign.
The support, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceed 30°, each side shall be considered a separate sign structure.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
SITE PLAN, FINALA complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
SITE PLAN, PRELIMINARYA tentative subdivision or site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
SITE PLAN, SKETCHAn informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings, and the general layout of the proposed subdivision or site.
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
Space open to the sun and clear of overhangs or shade.
Those particular uses that are specifically permitted in
a given district only when conditioning criteria enumerated in this
chapter are met.
Any building or group of buildings on a single parcel made
of individual storage compartments, which are rented or leased to
individuals or businesses for storage of nonhazardous materials, personal
property and equipment.
The limit of the street width or highway right-of-way, whichever
is greater.
Anything constructed or erected. For example, structures
include buildings, mobile homes, walls, fences, signs, sheds, billboards
and poster panels, docks, and/or similar construction types.
All property sold for development consisting of four or more
parcels will be considered a subdivision and subject to all existing
subdivision regulations.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure either:
Any body of water, or receptacle for water, with a surface
area less than 1,920 square feet having a capability of a depth of
24 inches or more at any point, used or capable to be used for swimming,
bathing, or wading, and permanently installed or constructed either
above or below ground.
Any establishment, licensed by the State of New York, that
engages in the sale for on-premises consumption of alcoholic and nonalcoholic
beverage(s).
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communications services, radio and television broadcast communications
and private radio communications services, and are regulated by the
Federal Communications Commission, both in accordance with the Telecommunications
Act of 1996 and other federal laws. A telecommunication facility shall
include monopole, guyed, or latticework tower(s), as well as antenna(s),
switching stations, principal and accessory telecommunication equipment
and supporting masts, wires, structures, and buildings.
An activity or use conducted for a specified limited period
of time, which may not otherwise be permitted by the provisions of
this chapter not exceeding six months. This term shall include those
uses incidental to construction projects, festival tents/refreshments
stands, temporary real estate sales offices incidental to a subdivision
project, and similar type uses.
Uses and amenities, including rest rooms, snack bars, information
areas, public cultural and recreational facilities, places of public
assembly and self-service laundries.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
Includes hotels, lodging houses, boarding and nursery schools,
sorority houses, fraternity houses, college and school dormitories,
convalescent, old-age and nursing homes and dwellings used for single-room
occupancy.
The specific purposes for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
Wood, metal or masonry building for the storage of personal
property. This excludes any devices previously used for highway use,
such as truck trailers or mobile homes.
AREA VARIANCEThe 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 the applicable zoning regulations.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
The Planning Board of the Village of Medina.
A building or part of a building used or intended to be used
primarily for the storage of goods or products that are to be sold
retail or wholesale from other premises or sold wholesale from the
same premises; for the storage of goods or products to be shipped
on mail order; for the storage of equipment or materials to be used
or installed at other premises by the owner or operator of the warehouse;
or for similar storage purposes, or stored for use in connection with
industrial assembly operations. The term "warehouse" shall not include
a retail establishment whose primary purpose is for the sale of goods
or products stored on the premises. However, this definition may include
purely incidental retail sales as an accessory use.
Land uses, structures and/or economic activities that would
not exist without a waterfront location.
Land uses that receive added value or importance because
of proximity to a shoreline, often functioning as support services
for water uses and water-dependent uses.
A business which is primarily involved in sales to other
businesses, either directly or as a broker, rather than to the general
public.
An alternative energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein. (See also "setback.")
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 line. Corner lots and through lots shall
have two front yards.
An open space extended 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 building and open
porches. Corner lots and through lots do not have a rear yard.
The temporary displaying, for no more than three consecutive
days and no more than three times per year in the same location, of
household items and clothing for sale on a yard, porch or in a barn
or garage. This term shall include garage sales, barn sales, porch
sales, tag sales and other sales similar in nature.
An open space on the 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 rain water
leaders, window sills, and other such fixtures and open steps.
The Zoning Board of Appeals of the Village of Medina.
The official designated to administer and enforce this chapter
by granting or denying zoning permits in accordance with its provisions.[15]
A document issued by the Zoning Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformity with this chapter.
