This chapter shall constitute and be known as the "Zoning Ordinance
of the Town/Village of Livonia, New York," heretofore known as the
"Livonia Zoning Ordinance," and may be cited as such.
A.Â
The intent of this chapter is to encourage appropriate and orderly
physical development; promote public health, safety, convenience and
general welfare; classify, designate and regulate the location and
use of buildings, structures and land for agricultural, residential,
commercial, industrial or other uses in appropriate places; and, for
said purpose, to divide into districts of such number, shape and area
as may be deemed best suited to carry out this chapter and provide
for their enforcement.
B.Â
This chapter is one of the key mechanisms for implementing the Comprehensive
Plan's vision of guiding development in Livonia to provide a balance
of developed uses and open space throughout Livonia; to create residential
neighborhoods close to but not negatively impacted by recreation,
employment and shopping opportunities; and to avoid the negative impacts
of uncontrolled access and demands for inefficient expansion of public
utilities.
C.Â
These regulations are in accordance with a well considered Comprehensive
Plan and have been made with reasonable concern for the character
of each district and its suitability for particular uses.
D.Â
For the purposes of this chapter, all terms used in the present tense
include the future tense. All terms in the plural number include the
singular number, and all terms in the singular number include the
plural number, unless the natural construction of the term indicates
otherwise. The term "person" includes a firm, association, organization,
partnership, trust, company or individual. The term "shall" is mandatory
and directory. The term "may" is permissive. The term "used" includes
the terms "designated, intended or arranged to be used."
A.Â
Except as herein provided, no building or land in the Village of Livonia or in the Town of Livonia outside the corporate limits of the Village of Livonia shall be used or occupied nor shall any building or part thereof be erected, moved or altered unless in conformity with the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue, subject to the provisions of Article VIII of this chapter relating to nonconformities.
B.Â
The provisions of this chapter shall be separable in accordance with
the following rules:
(1)Â
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provision of this chapter.
(2)Â
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building or structure, such judgment shall not affect the application
of said provision to any other property, building or structure.
A.Â
This chapter shall become effective 30 days from the date of adoption.
Except as specified in subsequent amendments to this chapter, the
effective date shall be February 8, 1998.
B.Â
Any variance or conditional use permit which could be lawfully issued under the most recent provisions of this chapter shall continue to be valid. Any variance or conditional use permit which could not be issued after the effective date of this chapter shall be allowed to continue, subject to the provisions of Article VIII relating to nonconformities.
C.Â
Any construction or alteration of a building or structure which has not yet obtained a certificate of occupancy but which has commenced construction at least 90 days before the effective date in accordance with a valid building permit shall be allowed to complete construction. If such building or use is not in conformance with the regulations of this chapter it shall be subject to the provisions of Article VIII relating to nonconformities.
D.Â
This chapter and any amendments thereof shall apply to all applications
pending and not yet finally decided on the date of adoption except
that, in any case where a public hearing has been held, the application
shall be decided in accordance with the law in effect on the date
of such hearing.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person 18 years of age or older. (A minor is any person
under the age of 18).
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, videos, computer software,
other periodicals, films or viewing on the premises by use of motion-picture
devices or any other coin-operated means, and materials which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or male or female
genitalia, anatomical areas or an establishment with a segment or
section devoted to the sale or display of such material, and which
establishment customarily excludes any minor by virtue of age.
A public or private establishment, or any part thereof, which
presents any of the following entertainments or services on one or
more occasions for observation by patrons therein and which is operated
for profit: topless female dancers; strippers; male or female impersonators;
exotic dancers; topless waitressing, bussing or service; or service
or entertainment where the servers or entertainers wear pasties or
G-strings, or both. Adult entertainment cabarets customarily exclude
minors by reason of age.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows, that is open to the public generally but
excludes any minor by reason of age whether or not they are accompanied
by a parent or guardian.
See "adult bookstore," "adult entertainment cabaret," "adult
theater" and "adult peep show."
Activities conducted on a farm or farm operation that are
dependent upon such farm or farm operation, including, but not limited
to, on-farm bed-and-breakfasts, farm stay programs, farm-related camping
and lodging, U-pick operations, seasonal events, pumpkin patches,
farm breweries, farm cideries, farm distilleries and farm wineries,
and offering to the public, or to invited groups, the sale of agricultural
products, education, recreation or active involvement in the farm
or farm operation. An agribusiness activity may be conducted in an
accessory building where the use is secondary to the primary farm
or farm operation use on a property. The Alcoholic Beverage Control
Law (ABC Law) provides the standards which must be met for farm brewery,
cidery, winery and distillery licenses.
[Added 9-21-2023 by L.L. No. 4-2023]
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock or other horticultural products, or
for the incidental or customary processing of farm products, and provided
that such structure is located on, operated in conjunction with and
necessary to a farm or farm operation, but not to include any structure
designed, constructed or used, in whole or in part, for human habitation
or for agribusiness or agritourism.
[1]
[Amended 9-21-2023 by L.L. No. 4-2023]
Activities conducted by a farmer on a farm or farm operation
for the enjoyment or education of the public, which primarily promote
the sale, marketing, production, harvesting or use of the products
of the farm or farm operation and enhance the public's understanding
and awareness of agriculture, farming and farm life.
[Added 9-21-2023 by L.L. No. 4-2023]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit 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.
See "dwelling, multifamily."
A business establishment with a New York State liquor license
authorizing sale of liquor for on-premises consumption, in which liquor
sales represent 25% or more of sales receipts.
That portion of a building that is partly or completely below
grade plane.
Owner-occupied residence, resulting from the conversion of
a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers, and containing
not more than five bedrooms for such lodgers.
Any structure having a roof supported by columns, piers,
walls or otherwise, including, but not limited to, tents, lunch wagons,
trailers, travel trailers, mobile homes, dining cars, camp cars or
other structures on wheels, and intended for commerce, shelter, housing
or enclosure of persons, animals.
A subordinate building located on the same lot with the principal
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the principal building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the principal building.
A building in which is conducted the main use of the parcel
on which said building is located.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension measured from the average elevation
of the finished grade adjoining the exterior walls of a building to
the highest point of the roof for flat roofs, to the deckline of a
mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
A parcel of land used or intended to be used by two or more
tents, travel trailers or other recreational vehicles on a transitory
or seasonal basis and conducted as a business or as part of a public
use or private club.
A certificate issued by the Code Enforcement Officer signifying
that a parcel of land or structure is being used in a lawful manner
with respect to the provisions of this chapter.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development of residential lots, one or more containing
less area than the minimum lot area required for the zoning district
within which such development occurs, but maintaining overall in the
development the density limitation imposed by providing for permanent
open space as a part of the subdivision plan.
A facility that provides data processing and data collection
and/or document management.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
materials, that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of Livonia.
In-home facility, as defined by § 390 of the Social
Services Law of the State of New York.
A place other than an occupied residence providing or designed
to provide day care for seven or more persons on a regularly scheduled
basis for more than three hours but less than 24 hours per day.
An exterior floor system, built with any approved building
materials, with a walking surface at any perimeter location of at
least eight inches above the grade below, supported on at least two
opposing sides by an adjoining structure and/or posts, piers or other
independent supports.
Legal language recorded in an instrument in the chain of
title for a lot, which describes specific limitations or restrictions
on the use and for development of the property.
A document adopted by the Town Board and, when necessary,
modified by the Town that establishes standards and control over development
of property within the Town of Livonia.[2]
A use or portion of a use which by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product which may be consumed or
used in a motor vehicle on the premises.
An establishment used primarily to collect and distribute
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal elsewhere. A dry-cleaning outlet
may also include equipment to press articles of fabric cleaned elsewhere
or dry-cleaning machines using only noncombustible and nonflammable
solvents.
A building or portion thereof used as the residence or sleeping
place of one or more persons.
A single-family dwelling separated from attached units on
ether side by a common party wall in accordance with the New York
State Building Code.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units designed or used for occupancy by three or more families living
independently of each other.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other, or two single-family dwellings having a party wall
in common.
One or more rooms providing living facilities for one family
or housekeeping unit, including equipment for cooking, living and
sleeping purposes and provisions for the same.
An accessory use involving a separate and complete dwelling
unit either in or added to an existing single-family dwelling, or
a separate accessory building on the same lot as the principal dwelling.
[Added 6-18-2020 by L.L.
No. 4-2020]
A public or privately owned structure, structures and/or area
used for the purposes of public performances or events, private receptions,
meetings or parties, or similar attractions. Accessory uses may include
food preparation facilities, concessions, offices, museums, wineries,
craft-style breweries for beer, cider or liquor, stores, restaurants
and on-site short-term temporary accommodations for patrons or visitors.
All accessory uses shall be clearly subordinate to the primary use
as an event center.
This definition is intended only for purposes of giving effect to § 150-36D(15) of this chapter.
Any man-made cut, cavity, trench or depression in the earth’s
surface formed by earth removal, not including any cut, cavity, trench
or depression made as a result or in furtherance of the extraction
from below the surface of any substance which exists naturally in
a fluid state, such as water, oil or gas.
[Added 2-7-2013 by L.L. No. 1-2013]
One person or a group of persons living together as a single
household occupying a dwelling unit.
The use of a parcel of land of five acres or more for gain
in the raising of agricultural products, trees, nursery stock, livestock,
poultry or dairy products. It includes necessary agricultural buildings
or farm buildings and the storage of necessary equipment. It also
includes the use of a parcel of land of less than five acres, except
that on such parcels the raising of fur-bearing animals, livery or
boarding stables, dog kennels and the raising of livestock or poultry
for personal use or for sale and/or slaughter is excluded and therefore
prohibited. No housing of poultry or stabling of livestock or storage
of manure or other odor- or dust-producing material shall be allowed
within 100 feet of any lot line separating the farm or farm operation
from adjacent residences or other uses.
[Amended 9-21-2023 by L.L. No. 4-2023]
Shall have the meaning as defined as defined in § 301
of the New York Agriculture and Markets Law (AML).
[Added 9-21-2023 by L.L. No. 4-2023]
An incidental and subordinate activity of a farm, farm operation,
greenhouse or nursery involving seasonal retail sale of primarily
locally raised agricultural products, and may include activities in
which retail customers pick or select their own produce from the fields
or growing areas.
[Added 9-21-2023 by L.L. No. 4-2023]
The land used for the production of woodland products intended
for sale, including but not limited to logs, lumber, posts and firewood.
Farm woodland shall not include land used to produce Christmas trees
or land used for the processing or retail merchandising of woodland
products.
[Added 9-21-2023 by L.L. No. 4-2023]
Any structure built with approved building materials attached
to the ground for the purpose of, including but not limited to, the
following: identifying property lines, containing livestock or pets,
or to establish a barrier to prevent entry into any space. Decorative
landscaping items are not included.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and/or used for the conduct of business.
Said areas shall be measured between the inside face of exterior walls
or from the center line of walls separating two uses. Said areas shall
include areas below the average level of adjoining ground, garage
space or accessory building space.
All areas of five or more contiguous acres of woods or sensitive
areas of less than five acres that appear on the land conservation
map.
An establishment in which the dead are prepared for burial
or cremation and in which wakes and funerals may be held.
Attached or detached, building used in conjunction with a
primary building which provides storage.
A retail establishment which offers for sale convenience
goods, beverages and sundries, including the dispensing of motor fuels
for sale.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting. (This definition
shall not encompass those retail establishments that buy most of their
horticulture stock wholesale, not propagating it themselves.)
[Added 9-21-2023 by L.L. No. 4-2023]
A space in a building for living, sleeping, eating or cooking,
or to be used for a home occupation. Bathrooms, toilet rooms, closets,
halls, storage or utility spaces and similar areas are not considered
habitable spaces.
Any occupation or profession, excluding retail sales to customers
or motor vehicle repairs on the premises.
An organization of residential property owners residing within
a particular development who contractually agree to provide, reserve
and maintain commonly owned facilities and/or open space, in accordance
with New York State law.
A building containing rooms intended, designed, or used,
rented or hired out, to be occupied for sleeping purposes by transient
guests and/or the general public.
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings or asphalt driveways.
A completely enclosed building area including facilities
for fitness activities such as running, swimming, competitive sports,
bowling, or skating and other recreational uses such as arcades, performing
arts center, or pool halls, and other similar activities.
A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled or where automobile wrecking takes place, but not including pawnshops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing. All operations take place in enclosed buildings unless a conditional permit for outside storage or operations is obtained from the Joint Zoning Board of Appeals or Joint Planning Board pursuant to § 150-17B or 150-20D.
A lot or parcel of land where four or more adult dogs are
kept, whether by owners of the dogs or by persons providing facilities
and care, whether or not for compensation, but not including a small
animal hospital, clinic or pet shop. An adult dog is one of either
sex, altered or unaltered, that has reached the age of four months.
A security instrument which may be accepted as a guaranty
of a requirement that certain improvements be made before the Code
Enforcement Officer issues a certificate of occupancy, including escrow
agreements and other similar collateral and surety agreements acceptable
in form and amount to the Municipal Attorney and Municipal Engineer
and approved by the governing board.
See § 150-69.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
A business establishment providing clothes washers and dryers
for hire to be used by customers on the premises.
Any domestic animal, such as cattle, horses, donkeys, mules,
burros, sheep, hogs or goats, of greater than three months' age; provided,
however, that this chapter shall not apply to sheep, cattle or horses
allowed to pasture on open range land where the individual pastures
exceed 10 acres in area.
A parcel of land considered as a separate unit, 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 accessory
use and open spaces belonging to the same. A lot, within the meaning
of this chapter, may or may not be a lot as shown on a subdivision
plot or the assessment records or maps.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The percentage of the lot area covered by buildings or structures,
excluding parking areas, driveways and walkways.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
The property lines bounding the lot. In the case of a lot
abutting more than one street, any lot line bounding a street will
be considered a front lot line.
The mean width measured at right angles to the front lot
line or, for wedge-shaped lots, flag-shaped lots or lots with side
boundary lines not perpendicular to the front lot line, the width
measured at the required minimum front setback.
A lot, building, structure, pier, dock or portion thereof
located with shoreline frontage and access to navigable water and
used for the launching, mooring, rental, sale, fueling and/or repair
of watercraft and including such boat storage and such sales of bait,
tackle and marine supplies as may be accessory to such marinas.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged.
A storage facility composed of numerous storage units within
a single structure or numerous structures that are available for rent
or lease to the public.
See New York State Building Code.[3]
A manufactured home consisting of two or more sections combined
at the site, with a width of no less than 20 feet, while still retaining
their individual chassis for possible future movement and complying
with Part 1220 of the New York State Uniform Fire Prevention and Building
Code and Federal Department of Housing and Urban Development standard;
excluding, however, travel trailers, motorized homes, pickup coaches
and camping trailers. This definition does not include modular manufactured
homes as defined by the New York State Uniform Fire Prevention and
Building Code.
A parcel of land where two or more manufactured homes are
situated for more than 24 hours or which is planned and improved for
the long-term placement of manufactured homes by the public.
A factory-manufactured dwelling unit which incorporates structures
or components designed for residential occupancy, constructed by a
method or system of construction whereby the structure or component
is wholly or in substantial part manufactured in a manufacturing facility
and is intended for permanent installation on a foundation at a building
site. Such home shall be constructed and installed in accordance with
the requirements of Subchapter B of the New York State Fire Prevention
and Building Code and shall bear an insignia of approval issued by
the New York State Fire Prevention and Building Code Council. Factory-manufactured
homes shall be deemed to be one- or two-family or multiple dwellings.
This definition does not include double-wide manufactured homes as
defined by the New York State Uniform Fire Prevention and Building
Code.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units designed primarily
for transient automobile travelers and providing accessory off-street
parking and, if desired, restaurant facilities. The term "motel" shall
also include tourist courts, motor lodges and similar uses.
Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tune-ups and all other
vehicle repair services not specifically listed in the definition
of "motor vehicle service station."
A vehicle that cannot be driven upon the public streets for
reasons including, but not limited to, being unlicensed, uninspected,
wrecked, abandoned, in a state of disrepair, or incapable of being
moved under its own power.
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
Retail dispensing or sales of motor vehicle fuels.
Retail dispensing or sales of motor vehicle lubricants, including
oil changing and chassis lubrication where substantial disassembly
is not required.
Retail dispensing or sales of motor vehicle coolants.
Hand- or machine-washing in a single-bay motor vehicle wash.
Incidental repair or replacement of parts, such as windshield
wiper blades, light bulbs, air filters, oil filters, batteries, belts,
tires, fuses, lubrication of vehicles, and the like.
Motor vehicle wrecking, repair, parking or storing of motor
vehicles for hire, and the operation of more than one towing vehicle
shall not be deemed permissible accessory uses of a motor vehicle
service station.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing motor vehicles for a fee,
whether by automated cleaning devices or otherwise.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zoning district
in which it is located.
A lot of record lawfully existing at the date of adoption
of this chapter or any amendment thereto which does not have the minimum
width or contain the minimum area or is otherwise not in compliance
with the district in which it is located.
Any use of any building, structure or land lawfully existing
at the date of adoption of this chapter or any amendment thereto which
does not conform to the use regulations of the zoning district in
which it is situated.
A facility used for nursing or custodial care on a twenty-four-hour
basis of more than five persons who are not capable of unassisted
living.
An area or areas of a lot, including required yards, which
are:
Open and unobstructed from ground to sky, except by facilities
specifically designed, arranged and intended for use in conjunction
with passive or active outdoor recreation or relaxation.
Landscaped, maintained or otherwise treated to create a setting
appropriate to recreation or relaxation.
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores it is intended or required
to serve. Does not include roadways or private drives.
A business establishment providing primarily health services,
such as emergency care, laboratory facilities or minor surgery, to
ambulatory patients rather than diagnostic treatment typical of a
doctor's office.
See "deck/patio."
A detached single-story residential unit intended to be located
on an individual lot.
The officially established Joint Planning Board of the Town
and Village of Livonia.
A map, plan or layout of a village, town or portion thereof;
section or subdivision of land indicating the location and boundaries
of individual properties.
Such as but not limited to attorneys, accountants, architects,
engineers, doctors, dentists, other medical specialists, psychiatrists,
psychologists, therapists, chiropractors, insurance, travel or real
estate agents and offices of not-for-profit organizations.
See "lot lines."
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Places of worship, cemeteries, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety buildings.
Any facility or related equipment, including but not limited
to all lines, pipes, transformers, poles, etc., performing an essential
public service and subject to special governmental regulation. Nonessential
components of public utility operations, such as general storage and
maintenance facilities, are excluded from this definition.
A facility that conducts scientific experiments, research
or technical studies.
A community-based residence under public, voluntary, nonprofit
or proprietary sponsorship which provides residential services and
twenty-four-hour supervision to four or more persons. Such a facility
is operated by sponsor-approved staff.
Any establishment, however designed, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. A snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
play field or park, or an approved vendor operating the recreational
facilities for the convenience of the patrons of the facility, shall
not be deemed to be a restaurant.
The sale of food, including food preparation for retail sale
on the premises, retail sales of shoes, clothing, home furnishings,
appliances, computers and electronic equipment, hardware, paint and
wallpaper, sport/hobby equipment, books, luggage, cards and gifts,
jewelry, liquor, drugs, fabrics and flowers and other similar items.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
A permanent or temporary structure for the sale of agricultural
products produced on the premises.
Business endeavors, such as but not limited to banks, self-serve
laundries and dry-cleaning outlets, tailors, repair shops (shoes,
appliances, etc.), mini storage, barbershops, beauty salons, tanning
salons, copy shops, video stores and art, craft or dance schools.
The least required horizontal distance between the front
lot line and all building, measured at the shortest point.
The least required horizontal distance between the rear lot
line and all building, measured at the closest point.
The least required horizontal distance between the side lot
line and all building, measured at the closest point.
See Article XIV.
A private, nonprofit, social organization whose premises
are restricted to its members and its guests.
A device for the direct conversion of solar energy into electricity.
A private not-for-profit social organization whose premises
are restricted to its members and other guests. Its primary purpose
is to promote outdoor life activities such as hunting, fishing, trapping
and archery.
Grade change of 15% or more.
See applicable New York State Building Code.
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.
A public or private thoroughfare which affords the principal
means of access to abutting property.
That line determining the limit of the highway right-of-way
of the public street, either existing or contemplated.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A swimming pool operated as an accessory use to a residential
dwelling unit or units located on an individual residential lot, as
per New York State Building Code.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
The use of any premises, structure or use for living and/or
sleeping purposes for 180 days or less in any calendar year.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A use clearly incidental and subordinate to the principal
use on a parcel of land, whether located in a principal or accessory
building, and located on the same lot therewith. In no case shall
such accessory use dominate, in area, extent or purpose, the principal
lawful use or building.
The main use for which a building or lot is used or intended
to be used.
All land except wetland, flood zones, detention and retention
ponds
The authorization by the Joint 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.
The authorization by the Joint 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.
A facility providing animal care, medicine, surgery and housing.
Any electrical generator producing its power through the movement of air for the purpose of providing electricity for the commercial power grid or to power an individual business enterprise, subject to site plan approval pursuant to Article XIV.
Any electrical generator producing its power through the
movement of air for purposes of providing power to one or more residential
units, but not for profit. All energy produced shall primarily supply
only the structures on said property. Such structures shall meet height
limits for the zoning district in which they are located. All such
structures shall have a setback from property lines equal to their
height, including the blades.
An open space extending the full width of the lot between
the front lot line and the principal building, unoccupied and unobstructed
by any buildings or structures from the ground upward.
An open space extending the full width of the lot between the rear lot line and the required minimum rear setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 150-42.
An open space extending from the front yard to the rear yard between the side lot line and the required minimum side setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 150-42.
The officially established Joint Zoning Board of Appeals
of the Town and Village of Livonia.
A permit issued by the Code Enforcement Officer stating that
the purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements under this chapter
for the district in which it is located.
[1]
Editor's Note: The former definition of "agricultural or farming
operation," which immediately followed this definition, was repealed 9-21-2023 by L.L. No. 4-2023. See now the definition of "farm."
[2]
Editor's Note: The Livonia Design Criteria and Construction
Specifications for Land Development is available from the Building
and Zoning Department.
[3]
Editor's Note: See Uniform Fire Prevention and Building Code,
19 NYCRR Part 1220.
