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Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
For the purpose of this ordinance, certain terms or words shall be interpreted or defined as follows:
A. 
Word usage.
(1) 
Words used in the present tense include the future tense.
(2) 
The singular number includes the plural.
(3) 
The word "person" includes a corporation or association as well as an individual.
(4) 
The word "lot" includes the word "plot" or "parcel."
(5) 
The term "shall" is always mandatory.
(6) 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
B. 
Definitions.
ACCESSORY BUILDING
Any subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADULT USE OR ENTERTAINMENT ESTABLISHMENT
An establishment, or any part thereof, which includes any of the following: topless or bottomless dancers or waitresses; strippers; topless hair care or massages; entertainment where the servers or entertainers wear pasties or G-strings; adult cabaret; adult arcade; adult bookstore; or adult video store.
[Added 1-22-2001 by L.L. No. 1-2001]
ALLEY
A service way which affords a secondary public means of vehicular access to abutting property.
ALTERATION
A change or rearrangement in the structural parts or in the entrance and 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.
AREA, BUILDING
The maximum horizontal area of a building and its accessories at the ground level, except as hereinafter provided with respect to accessory garages in residence districts.
AUTO WASH
A structure designed or intended primarily for the washing of automobiles, including conveyor, drive-through and self-service types.
BASEMENT
A space of full-story height partly below grade and having at least half of its clear floor-to-ceiling height above the established grade of the street center line, or if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building, and which space is not designed or used primarily for year-round living accommodations.
BOARDINGHOUSE
A private dwelling in which not more than six rooms are offered for rent and table board is furnished only to roomers, and in which no transients are accommodated.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING COVERAGE
That portion of the plot or lot area covered by a building.
BUILDING, DETACHED
A building surrounded by open space on all sides on the same lot.
BUILDING FLOOR AREA
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
CAMPSITE
Any one or more of the following, other than a hospital, place of detention or school offering general instruction:
(1) 
Any area of land or water on which are located two or more cabins, tents, trailers, recreational vehicles, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise.
(2) 
Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and shall apply to any of the foregoing uses whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families or groups.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND
Any place or premises used for sale, dispensing or serving of food, refreshments or beverages to persons in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
DWELLING
A building with complete housekeeping facilities designed or used as the living quarters for one family.
DWELLING, CONDOMINIUM
Any apartment, townhouse or other residential building, or portion thereof, involving a combination of two kinds of ownership of real property:
(1) 
Fee simple ownership of the individual dwelling unit, and
(2) 
Undivided ownership, together with other purchasers, of the common elements of the structure, land and appurtenances, the management thereof controlled by a property owners' association.
DWELLING, GUEST HOUSE
An accessory seasonal dwelling unit built on the same lot with the principal dwelling and not for rent.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one plot, containing separate living units for three or more families living independently of each other, and other than hotels, motels and rooming houses.
DWELLING, ONE-FAMILY
A detached building designed for year-around occupancy by one family exclusively, other than a mobile home, recreational vehicle or any temporary structure.
DWELLING, TOWNHOUSE
Three or more attached dwelling units designed for year-round occupancy and containing separate dwelling units for occupancy by one family per unit.
DWELLING, TWO-FAMILY
A building designed for year-round occupancy by two families exclusively, living independently of each other, and other than a mobile home, recreational vehicle or rooming house.
DWELLING, SEASONAL
A detached dwelling unit providing complete housekeeping facilities for one family, designed for seasonal or non-year-round occupancy, other than a mobile home, camp or recreational vehicle.
FAMILY
One or more persons occupying the same premises, related by blood, marriage or adoption and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity, hotel or commune.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or 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. Such term shall include filling and service station.
HOME OCCUPATION
Any accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small announcement or professional sign not over two square feet in area, and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, surgeon, dentist or other professional person, including instruction in a musical instrument limited to one pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be "home occupations"; and the occupations of dressmaking, milliner or seamstress, each with not more than one paid assistant, shall also be deemed to be a "home occupation." Dancing instructions, banks, instrument instruction in groups, tearooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of the kind herein excepted shall not be deemed to be "home occupations."
HOSPITAL
The term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments, not including animal hospitals.
HOTEL OR MOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
JUNKYARD
A lot, land or structure or part thereof used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
LAUNDERETTE
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LINE, STREET
The dividing line between the street and the lot.
LODGING HOUSE
A building in which three or more rooms are rented and in which no table board is furnished. A rooming house shall be deemed to be a "lodging house."
LOT
A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it or by a group of buildings with a common use or interest, including such open spaces as are required by this ordinance, and having its principal frontage on a public street or an officially approved place.
LOT AREA
The total area included within side and rear lot lines and the street or highway right-of-way.
LOT, CORNER
A lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of the intersection of less than 135°.
LOT DEPTH
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any line dividing one lot from another.
LOT, THROUGH
A lot having frontage on two approximately parallel or converging streets, other than a corner lot.
LOT WIDTH
The mean width measured at right angles to its depth.
MOBILE HOME
A factory-finished movable dwelling unit designed and built on frame and wheels to be towed on its own chassis and designed as a self-contained unit to provide housekeeping facilities for year-round occupancy, including living and sleeping accommodations, a flush toilet, tub or shower and kitchen facilities and with plumbing and electrical connections provided for attachment to outside systems after being transported to the building site. It does not include a recreational vehicle. A "mobile home" does not lose its character as such by reason of any connections to its chassis or attachment to the ground, a slab or any foundation or by reason of any addition or attachment to the mobile home, whether or not said addition or attachment is built on site, premanufactured or prefabricated.
[Amended 1-14-1991 by L.L. No. 1-1991]
MOBILE HOME COURT
A parcel of land which has been planned and improved for the placement of two or more mobile homes for dwelling purposes. The term shall include mobile home park or other areas planned and/or improved for two or more mobile homes.
NONCONFORMING LOT
Any lot in single ownership which does not conform with the minimum area and/or dimensions required in the district in which it is situated or for any special use, as the case may be, and where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots.
NONCONFORMING USE
A building, structure or use of land existing at the time of the enactment of or amendment to this ordinance and which does not conform to the regulations of this ordinance concerning the district in which it is situated.
NURSING OR CONVALESCENT HOME
Any building with less than 15 sleeping rooms, licensed or regulated by the State of New York, where persons are housed or lodged and furnished with meals and nursing care for pay.
NURSERY SCHOOL
Facilities for the daytime care or instruction of two or more children from two to five years old, inclusive, and operated on a regular basis for pay.
PARKING SPACE
The space designated for parking one automobile, including at least 200 square feet, not including passageways or driveways thereto.
PERSONAL SERVICE SHOP
An area of land, including the structures thereon, used for:
[Added 12-15-1986 by L.L. No. 4-1986]
(1) 
Any use of a service or instructional character, except those otherwise expressly set forth as a permitted use, which is conducted within a building, except that no material or stock-in-trade shall be sold or stored upon such premises except as is clearly incidental to the service or instruction provided.
(2) 
Any use of a commercial nature, except those otherwise expressly set forth as a permitted use, which is conducted within a building and which is limited to the making or sale of items for individual or household use, provided that not more than three people may be employed within such facility at any one time.
(3) 
For the purpose of this definition, a facility for the making or sale of crafts and souvenirs shall be a "personal service shop," but the term "personal service shop" shall not be defined to include any facility for the repair, storage, sale or sale of parts of motor vehicles.
PLANNED DEVELOPMENT DISTRICT
A tract of land designed for or capable of being used for one or more residential, commercial, industrial or recreational uses which have certain facilities in common and which have been designed as an integrated unit.
RECREATIONAL VEHICLE
A mobile recreational unit, including travel trailer, pickup, camper, converted bus, tent trailer, camper trailer, tent or similar device used for temporary portable housing.
SANITARIUM, SANATORIUM
A private hospital, whether or not such facility is operated for profit.
SIGN
Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. A "sign" includes any billboard, but does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization, campaign, drive, movement or event. However, a "sign" shall not include a similar structure or device located within a building.
(1) 
A "business sign" is a sign which directs attention to a business or profession conducted or to products sold upon the same lot.
(2) 
An "advertising sign" is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
(3) 
An "illuminated sign" is any sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(4) 
A "flashing sign" is an illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
SPECIAL EXCEPTION
A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted in certain zoning districts as a "special exception," if provision for such "special exception" is made in this Zoning Ordinance.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HEIGHT OF
The vertical distance from the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.
STREET
A public way which affords the principal means of access to abutting properties.
STRUCTURE
A combination of materials to form construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds and storage bins. Notwithstanding the foregoing, a fence shall not be deemed a "structure."
[Amended 9-11-1989 by L.L. No. 4-1989]
STRUCTURAL ALTERATION
Any change in the supporting members of the building, such as bearing walls, columns, beams or girders.
THEATER, MOVING PICTURE
A building or part of a building devoted to the showing of moving pictures on a paid-admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid-admission basis, to patrons seated in automobiles or on outdoor seats.
TOURIST CABINS
A group of buildings, including either separate cabins or a row of cabins, which contain living and sleeping accommodations for transient occupancy and have individual entrances.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY
(See "accessory use.")
VARIANCE
An authorized departure by the Board of Appeals from the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.
YARD
An unoccupied space, open to the sky, on the same lot with a building or structure.
YARD, FRONT
An open, unoccupied space on the same lot with a building, situated between the street line and a line connecting the parts of the building setting back from and parallel to the street line and nearest to such street line, and extending to the side lines of the lot.
YARD, REAR
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the average rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the average rear line of the lot or the center line of the alley, if there be an alley, and the rear line of the building.
YARD, SIDE
An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.