Definitions. Certain words and terms used in this chapter are defined
for the purposes thereof as follows:
AGRICULTURE
The production of crops or plants or vines and trees.
ALLEY
A public way having a right-of-way width of 20 feet or less.
ANIMAL HUSBANDRY
The keeping, grazing, feeding and care of animals other than
household pets or more than two saddle horses or ponies. However,
the term "animal husbandry" shall not be construed to include the
activities of fur farms, pig farms or cage-type poultry houses.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
AREA, LAND
When referring to the required area per dwelling unit, means
net land area, the area exclusive of streets and other public open
space.
AUTOMOBILE SALES AREA
A premises, including open areas other than a street or way
and showrooms enclosed within a building, used for the display or
sale of new or used automobiles, trucks, motorcycles, snowmobiles,
cargo trailers and boats.
BAR or TAVERN
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average outside ground level.
BLOCK
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of block for purposes of
this chapter.
BUILDING
Any structure constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures, whether stationary or movable.
BUILDING, ACCESSORY
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
BUILDING, ACCESSORY USE OF
A use customarily incidental to the use of a principal building,
not occupying more than 25% of the total aboveground floor area of
the principal building thereof and including:
(1)
The office or studio of a physician or surgeon, dentist, accountant,
artist, musician, lawyer, architect, engineer, teacher, insurance
agent, realtor or other such professional person residing on the premises,
provided there is no advertising display visible from the street other
than a small professional nameplate. The above shall not be interpreted
to include the office or place of business of a mortician.
(2)
Customary home occupations as defined herein, provided there
is no display of goods visible from the street; no exterior advertising
other than an unlighted sign not over two square feet in area; and
such occupation is conducted in the main building by a person or persons
residing therein.
BUILDING, ALTERATION OF
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities, or any change in the use
from one district classification to another, or removal of a building
from one location to another.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof,
to the deck line of a mansard roof, and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
BUILDING LINE, FRONT
The line of that face of a principal building nearest the
street line. In the case of a corner lot any building line nearest
to a street line shall be considered a "front building line."
BUILDING OR STRUCTURE, NONCONFORMING
An established building or structure lawfully existing prior
to and at the time of the adoption of this chapter which, because
of its inherent nature of construction, does not conform to and with
the provisions of this chapter for the district in which it is located.
BUILDING, PRINCIPAL
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated. In any residential
district any dwelling shall be deemed the principal building on the
lot on which it is situated.
BUS PASSENGER SHELTER
A one-story structure not more than 50 square feet in building
area providing shelter at school bus and other bus stops.
CABIN, HUNTING AND FISHING
A structure with accommodations for living and sleeping designed
for seasonal occupancy and having a total floor area of less than
400 square feet. A bus is not construed to be a hunting and fishing
cabin.
CAMP
Any area on which are located two or more cabins, tents or
tent floors, camp or travel trailers, shelters, houseboats, or other
accommodations of a design or character for seasonal or other more
or less temporary living purposes, whether or not such structures
are actually occupied seasonally or otherwise. A bus is not construed
to be a camp.
CARNIVAL
An amusement show, usually traveling from place to place,
having side shows, Ferris wheels, merry-go-rounds, etc.
CELLAR
A portion of a building having more than 1/2 of its height
below the average outside ground level.
CEMETERY
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Planning Board.
CIRCUS
An exhibition of wild animals and acrobatic feats, together
with side shows and vending concessions.
CLINIC, DENTAL
A structure designed for the practice of dentistry in which
nonresident patients are treated.
CLINIC, MEDICAL
A structure designed for the practice of medicine in which
nonresident patients are treated.
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
CONSTRUCTION, FIRE-RESISTANT
That type of construction in which the walls, partitions,
columns, floor and roof are noncombustible with sufficient fire resistance
to withstand the effects of a fire and prevent its spread from story
to story.
COURT
An occupied open space other than a yard. An outer court
is one that extends to the street or to the front or rear yard. An
inner court is any other court.
COVERAGE
That percentage of the lot covered by the building area.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DRIVE-IN BUSINESS
A drive-in business includes drive-in outdoor theaters, refreshment
stands, banks and the like where patrons enter the premises and are
served or entertained in automobiles. Deposit and pickup services
shall not be considered drive-in businesses as defined herein.
DRIVEWAY
Land situated on a lot used or intended to be used to provide
access to it by vehicular traffic.
DUMP
Land used for the disposal by abandonment, dumping, burning
or any other means and for whatever purpose of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof, or waste
material of any kind.
DWELLING
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
motels, hotels or other structures designed for transient residence.
A bus is not construed to be a dwelling.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one plot containing separate
living units for three or more families, but which may have joint
services or facilities, or both.
DWELLING, ONE-FAMILY
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than two boarders are sheltered and/or fed for profit.
DWELLING, ROW or TOWNHOUSE
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be in common with the walls of adjoining dwellings and are
party or lot line walls.
DWELLING, SEMIDETACHED
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
DWELLING, TWO-FAMILY
A building having two side yards and accommodating but two
families, with one family living over the other.
DWELLING UNIT
Any dwelling or portion thereof used or intended to be used
by one family, and providing complete housekeeping facilities thereof.
EDUCATIONAL INSTITUTION
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students and faculty, dining halls, social or athletic
activities, when located on the institution's land that is not detached
from land where classroom facilities are maintained.
FACTORY
A building or group of buildings, usually with equipment,
where goods are manufactured.
FAIR
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features
and for which an admission fee is charged.
FAMILY
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit, provided that, unless all members
are related by blood, marriage or adoption, no single housekeeping
unit shall contain more than five members.
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes fur farms, pig farms, cage-type poultry houses, public stables
and dog kennels.
FARMHOUSE
The principal building used as a dwelling on any tract of
land classified as a farm.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors,
including the basement of a building and its accessory buildings on
the same lot, and including the area of roofed porches and roofed
terraces. All dimensions shall be measured between exterior faces
of walls.
FLOOR AREA RATIO
The floor area of a building divided by the area of the lot
which it occupies.
GARAGE, PRIVATE
A garage not conducted as a business or used as storage space
for more than one commercial vehicle which shall be owned by a person
residing on the premises.
GARAGE, PUBLIC
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by the municipal, county or state highway authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof which use is clearly incidental
to and secondary to the use of the dwelling for dwelling purposes
and does not change the character thereof. Home occupations may be
construed to include dressmaking, millinery, home cooking, musical
instruction limited to a single pupil at a time, art studios and activities
of a similar nature. Home occupations shall not be construed to include
barbershops and beauty parlors, public stables, kennels, animal hospitals,
restaurants and tearooms, musical instruction to groups, dancing instruction
to groups, nursing homes, nursery schools, public garages, plumbing
or electrical shops or other trades or businesses of a similar nature
nor shall any customary home occupation be construed to include that
which requires the presence in the home of machinery or equipment
normally associated with commercial or industrial activities or that
which produces offensive noise, vibration, smoke, dust, odors, heat,
glare or other nuisance.
HOME, TOURIST
A dwelling in which overnight accommodations are provided
for less than 12 transient paying guests.
HOSPITAL
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and shall be limited to the treatment or other care of
humans.
HOSPITAL, ANIMAL or VETERINARY CLINIC
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and shall
exclude the treatment or other care of humans.
HOTEL
A building or group of buildings in which there are 12 or
more rental sleeping rooms and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of its patrons.
HOTEL, RESIDENTIAL
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
primarily for serving its occupants and only incidentally the public.
INDUSTRY
Includes the entire range of economic activity and as applied
to specifics, that is, manufacturing, wholesale, retail, services,
etc., shall have the meaning set forth in the Standard Industrial
Classification Manual published by the Executive Office of the President,
Bureau of the Budget, 1957.
INDUSTRY, MANUFACTURING
Includes those activities listed in Part III, Alphabetic
Index, Manufacturing Industries, in the Standard Industrial Classification
Manual published by the Executive Office of the President, Bureau
of the Budget, 1957.
INDUSTRY, NONMANUFACTURING
Includes those activities listed in Part II, Alphabetic Index,
Nonmanufacturing Industries, in the Standard Industrial Classification
Manual published by the Executive Office of the President, Bureau
of the Budget, 1957.
JUNKYARD
As defined in the Village of Wolcott Junkyard Ordinance.
KENNEL
Any establishment, including cages, dog runs and structures,
wherein more than three dogs which are over six months old are harbored.
LAUNDRY, COIN-OPERATED; DRY CLEANER
A business premises equipped with individual clothes washing
and drying and/or cleaning machines for the principal use of retail
customers.
LOT
A piece, parcel or plot of land occupied or designed to be
occupied by a principal building and its accessory building or buildings
and including the yards and other open spaces required by this chapter.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points beginning within the lot or at the points of
intersection of the side lot lines with the street line intersect
at an interior angle of less than 135°.
LOT DEPTH
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
LOT LINES
The lines that bound a lot as defined herein.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
record or deed prior to the date of this enactment as shown on the
records of the Wayne County Clerk's office.
LOT, THROUGH
An interior lot having frontage in two parallel or approximately
parallel streets.
LOT WIDTH
The distance between the side lot lines measured along the
front building line as determined by the front yard requirement prescribed
by this chapter.
MAJOR EXCAVATION, GRADING OR FILLING
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
(1)
A volume of earth movement exceeding the average of one cubic
foot per square foot of lot area or 1,000 cubic yards, whichever is
the lesser; or
(2)
A change in ground elevation from previously existing grade
exceeding 10 feet.
MIGRANT LABOR CAMP
As defined in Chapter
1, Part 15, Section 15.1 (c) of the State Sanitary Code.
MOBILE HOME or HOUSE TRAILER
A portable structure for which the State of New York Department
of Motor Vehicles will issue a license to move on any public way,
having a ground area of not more than 1,100 square feet or not less
than 400 square feet, with or without its own motive power, equipped
for or used for living purposes, provided with complete sanitary facilities,
and mounted on wheels or designed to be so mounted and transported,
or transported on a flatbed trailer.
MOTEL or MOTOR COURT
A public inn containing not less than eight rental units
with provisions for but not limited to automobile parking space to
accommodate not less than one car per unit, and separate toilet facilities
and hot and cold running water for each rental unit.
MOTOR FREIGHT TERMINAL
Any premises used by a motor freight company regulated by
the Public Service Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods, which is the origin and/or destination
point of goods being transported for the purpose of storing, transferring,
loading and unloading such goods.
MOTOR VEHICLE, INOPERATIVE
Any motor vehicle for which the State of New York Department
of Motor Vehicles would not issue a license to operate on a public
way.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work, or the dismantling
or replacing of engines.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
OCCUPANCY
The utilization of a building, structure or land.
OCCUPANCY, SEASONAL
Occupancy for a period not exceeding seven months during
any one calendar year.
OFFICIAL MAP, VILLAGE
A map adopted by the Board of Trustees pursuant to the provisions
of § 179-e of the Village Law and which may be or may have
been revised according to the provisions of § 179-h of the
Village Law, which shows streets, highways and parks theretofore laid
out, adopted and established by law and which may show drainage systems.
OPEN SPACE
An unoccupied space open to the sky required by the terms
of this chapter.
PARKING SPACE
For the purpose of computing the number of parking spaces
available in a given area, the ratio of 300 square feet per parking
space shall be used.
PORCH, OPEN
A porch open on three sides except for wire screening. A
porch shall be not considered open if enclosed by either permanent
or detachable glass sash. A structure having a driveway running to
it, under it or through it shall not be considered to be an "open
porch."
POULTRY HOUSE, CAGE-TYPE
A structure in which 5,000 or more birds are housed, one
or more to a cage, in meshwork-floored cages elevated above the main
floor of the structure, and in which all normal processes relating
to live birds are accomplished without removing the birds from the
cage.
QUARRY, SANDPIT, GRAVEL PIT, TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation,
and exclusive of the process of grading preparatory to the construction
of a building for which a building permit has been issued, or highway
construction.
ROADSIDE STAND
A stall or booth for business which shall be limited to the
sale of farm products produced on the premises.
SANITARY SEWER, PUBLIC
A sanitary sewer connected to the sanitary sewage disposal
system of the Village of Wolcott.
SCHOOL, ELEMENTARY
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York,
or a lawfully constituted ecclesiastical governing body of private
corporation meeting the requirements of the state.
SCHOOL, SECONDARY
Same as "elementary school," except secondary education is
provided.
SCHOOL, VOCATIONAL
Any school having regular sessions with regularly employed
instructors, who, as a principal activity, provide training in a trade
or vocation and teach those subjects that are fundamental and essential
in elementary or secondary education, under the supervision of the
State of New York, or a lawfully constituted ecclesiastical governing
body or corporation meeting the requirements of the state.
SIGN
Any structure or part thereof, attached thereto or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious or like organization,
on the property thereof.
SIGN, BUSINESS
A sign which directs attention to a business, profession
or industry located on the premises where the sign is displayed, to
the type of products sold, manufactured or assembled, and/or to service
or entertainment offered on said premises.
SIGN, IDENTIFICATION
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
SIGN, REAL ESTATE
A sign advertising property on which it is located, or a
building thereon, for sale, rent or lease.
STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
STORAGE, OPEN
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This, however, shall not
be construed to include the activities of a junkyard as defined herein.
STORY
That part of a building included between any floor, other
than a cellar floor, and the floor or roof next above.
STREET
Any public way dedicated to public travel greater than 20
feet in width.
STREET LINE
The right-of-way line of a street as indicated by dedication
or by deed of record.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
STRUCTURE, ALTERATION OF
Any addition to a structure, a change or rearrangement in
the structural parts, or any change in use from one district classification
to another, or removal of a structure from one location to another.
SWIMMING POOL
Any body of water (excluding natural bodies of water fed
by rivers, streams, brooks or springs) or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing, and constructed, installed or maintained
in or on the ground outside any building.
THEATER
A building or part of a building devoted to presenting entertainment
on a paid admission basis.
THEATER, DRIVE-IN OUTDOOR
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons seated in automobiles.
TRAILER, BOAT
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and twenty-four-foot length.
TRAILER, CAMP OR TRAVEL
A vehicle or portable structure not over 256 square feet
in floor area, equipped but not regularly used for sleeping, but which
may or may not have sanitary facilities.
TRAILER, CARGO
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
USE
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.
The term "permitted use" shall not be deemed to include any nonconforming
use.
USE, ACCESSORY
A use which is customarily incidental to and subordinate
to the principal use of a premises, building or structure and located
on the same premises as the principal use, building or structure.
USE, NONCONFORMING
An established use of a building or structure or use of land
lawfully existing prior to and at the time of the adoption or amendment
of this chapter that does not conform with the permitted use provisions
of this chapter as they apply to the district in which the building,
structure or land is located.
YARD
An unoccupied space open to the sky on the same lot with
a building or structure.
YARD, FRONT
An open space extending across the entire width of the lot
between the front building line or front main wall of a building and
the front property line, street or road right-of-way line.
YARD, REAR
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated.
YARD, SIDE
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard.