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.
ACCESSORY BUILDING
ACCESSORY USE
ADULT USE OR ENTERTAINMENT ESTABLISHMENT
ALLEY
ALTERATION
AREA, BUILDING
AUTO WASH
BASEMENT
BOARDINGHOUSE
BUILDING
BUILDING COVERAGE
BUILDING, DETACHED
BUILDING FLOOR AREA
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
CAMPSITE
(1)
(2)
CELLAR
DRIVE-IN RESTAURANT OR REFRESHMENT STAND
DWELLING
DWELLING, CONDOMINIUM
DWELLING, GUEST HOUSE
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING, SEASONAL
FAMILY
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
HOME OCCUPATION
HOSPITAL
HOTEL OR MOTEL
JUNKYARD
LAUNDERETTE
LINE, STREET
LODGING HOUSE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, INTERIOR
LOT LINE
LOT, THROUGH
LOT WIDTH
MOBILE HOME
MOBILE HOME COURT
NONCONFORMING LOT
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
NURSERY SCHOOL
PARKING SPACE
PERSONAL SERVICE SHOP
(1)
(2)
(3)
PLANNED DEVELOPMENT DISTRICT
RECREATIONAL VEHICLE
SANITARIUM, SANATORIUM
SIGN
(1)
(2)
(3)
(4)
SPECIAL EXCEPTION
STORY
STORY, HEIGHT OF
STREET
STRUCTURE
STRUCTURAL ALTERATION
THEATER, MOVING PICTURE
THEATER, OUTDOOR DRIVE-IN
TOURIST CABINS
TOURIST HOME
USE
USE, ACCESSORY
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions.
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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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]
A service way which affords a secondary public means of vehicular
access to abutting property.
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.
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.
A structure designed or intended primarily for the washing
of automobiles, including conveyor, drive-through and self-service
types.
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.
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.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
That portion of the plot or lot area covered by a building.
A building surrounded by open space on all sides on the same
lot.
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.
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.
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.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
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.
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.
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.
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.
A building with complete housekeeping facilities designed
or used as the living quarters for one family.
Any apartment, townhouse or other residential building, or
portion thereof, involving a combination of two kinds of ownership
of real property:
An accessory seasonal dwelling unit built on the same lot
with the principal dwelling and not for rent.
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.
A detached building designed for year-around occupancy by
one family exclusively, other than a mobile home, recreational vehicle
or any temporary structure.
Three or more attached dwelling units designed for year-round
occupancy and containing separate dwelling units for occupancy by
one family per unit.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
The dividing line between the street and the lot.
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."
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.
The total area included within side and rear lot lines and
the street or highway right-of-way.
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°.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
A lot other than a corner lot.
Any line dividing one lot from another.
A lot having frontage on two approximately parallel or converging
streets, other than a corner lot.
The mean width measured at right angles to its depth.
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]
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.
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.
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.
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.
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.
The space designated for parking one automobile, including
at least 200 square feet, not including passageways or driveways thereto.
An area of land, including the structures thereon, used for:
[Added 12-15-1986 by L.L. No. 4-1986]
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.
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.
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.
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.
A mobile recreational unit, including travel trailer, pickup,
camper, converted bus, tent trailer, camper trailer, tent or similar
device used for temporary portable housing.
A private hospital, whether or not such facility is operated
for profit.
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.
A "business sign" is a sign which directs attention to a business
or profession conducted or to products sold upon the same lot.
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.
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.
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.
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.
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.
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.
A public way which affords the principal means of access
to abutting properties.
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]
Any change in the supporting members of the building, such
as bearing walls, columns, beams or girders.
A building or part of a building devoted to the showing of
moving pictures on a paid-admission basis.
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.
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.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
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.
(See "accessory use.")
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.
An unoccupied space, open to the sky, on the same lot with
a building or structure.
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.
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.
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.
