[Amended 9-14-2021 by L.L. No. 2-2021]
A. Words used
in the present tense shall include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building"; the word "used" shall include "arranged,"
"designed," "constructed," "altered," "converted," "rented," "leased"
or "intended to be used"; and the word "shall" is mandatory and not
optional.
B. Any reference
herein to the term "Planning Board" shall be read to mean the Board
of Trustees of the Village of Dundee. The Village Planning Board has
been abolished and its responsibilities have been assumed by the Board
of Trustees of the Village of Dundee.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
ADULT HOME
A public or private home for adults, or other facility approved
by the New York State Department of Health, to provide health-related
care and services to persons who, because of their physical or mental
condition, require institutional care and services but who do not
require the level of service provided in a hospital or skilled nursing
care facility.
[Added 5-23-1989 by L.L. No. 2-1989]
AUTOMOBILE SERVICE STATION
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where minor repair
service is rendered.
BOARD OF TRUSTEES
The Board of Trustees of the Village of Dundee.
[Added 9-14-2021 by L.L. No. 2-2021]
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a "principal building" on the district lot on
which the same is located.
CODE ENFORCEMENT OFFICER
The individual or individuals duly appointed by the Board
of Trustees to enforce local laws, codes and regulations in the Village.
[Added 9-14-2021 by L.L. No. 2-2021]
COVERAGE
That percentage of the plot or land area covered by the building
area.
CUSTOMARY HOME OCCUPATION
Any use as permitted which is conducted entirely within the
principal structure and carried out by the inhabitants thereof, which
use is clearly incidental and secondary to the use of the principal
structure and does not change the character thereof.
DOG KENNEL
The keeping, harboring or allowing of four or more dogs,
each of which is four months of age or older, on any premises or on
any lot shall be considered a dog kennel.
[Added 4-10-2018 by L.L.
No. 3-2018]
DWELLING
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home or trailer.
DWELLING UNIT
One or more rooms, including cooking facilities, and sanitary
facilities in a dwelling structure, designed as a unit for occupancy
by not more than one family for living and sleeping purposes.
ENCLOSED USE
A use which is located entirely within a structure.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or Village or other governmental agencies of underground
or overhead gas, electrical or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or Village or other governmental agencies or for
the public health or safety or general welfare, but not including
buildings.
HOTEL
A building containing rooms 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.
INDUSTRIAL DISTRICT
Any manufacturing, production or assembly of goods or materials,
other than light industrial as defined herein, including any on-site
waste disposal area directly related to the industrial use.
[Added 8-28-2012 by L.L. No. 3-2012]
INDUSTRIAL DISTRICT, LIGHT
A facility which manufactures, designs, assembles or processes
a product or products for wholesale or retail, does not employ over
30 people, does not produce high volumes of polluting waste and is
compatible with other uses in the district.
[Added 8-28-2012 by L.L. No. 3-2012]
LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of
less than 135°. The point of intersection of the street lot lines
is the "corner."
LOT DEPTH
The horizontal distance between the front and rear lot lines.
LOT LINES
The property lines bounding the lot.
A.
LOT LINE, FRONTThe line separating the lot from a street. The "front lot line" shall be established 33 feet from the center line of the road unless otherwise legally defined.
B.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT, NONCONFORMING
A lot in single ownership, lawfully existing prior to the
adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
[Amended 5-23-1989 by L.L. No. 2-1989]
LOT OF RECORD
Any lot which, individually or as part of a subdivision,
has been recorded in the office of the County Recorder of Deeds.
LOT WIDTH
The distance between the two side lot lines measured at the
required setback line.
MAYOR
The duly elected or appointed Mayor of the Village of Dundee.
[Added 9-14-2021 by L.L. No. 2-2021]
MOBILE HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein.
[Amended 5-23-1989 by L.L. No. 2-1989]
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
for the placement of two or more mobile homes.
MOTEL
A building or group of buildings, whether detached or in
connected units, designed primarily for transients and automobile
travelers and providing for accessory off-street parking facilities.
NONCONFORMING USE
An established use of a building, structure or land, or a
building or structure, lawfully existing prior to the adoption or
amendment of this chapter, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
[Added 5-23-1989 by L.L. No. 2-1989]
PLANNED UNIT DEVELOPMENT
A project comprising two or more buildings designed to be
maintained and/or operated as a single unit in a single ownership
or control by an individual, partnership, corporation or cooperative
group, which has certain facilities in common, such as yards and open
spaces, recreation areas, garage and parking areas.
RESORT
A building or group of buildings in which there are 25 or
more rental sleeping rooms and which may also include dining rooms,
kitchen facilities, ballrooms and other facilities and services intended
primarily for the accommodation of its patrons. Appurtenant recreational
facilities, such as marinas, golf courses and other similar facilities,
may also be included.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by the agency or group or an approved vendor
operating the recreational facilities and for the convenience of the
patrons of the facility shall not be deemed to be a "restaurant."
SIGN
A name, identification, description, display or illustration
or any other visual display which is affixed to, or painted, or represented
directly or indirectly upon a building, structure or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization or business.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises where the sign is located.
SPECIAL USE
A use which, because of its unique characteristics, requires
individual consideration in each case by the Zoning Board of Appeals
and the Planning Board, before it may be permitted in the district enumerated
in this chapter.
STRUCTURE
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary and portable carports.
VILLAGE
The Village of Dundee.
[Added 9-14-2021 by L.L. No. 2-2021]
VILLAGE CLERK
The duly appointed Clerk of the Village of Dundee.
[Added 9-14-2021 by L.L. No. 2-2021]
YARD
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
A.
YARD, FRONTAn open space, extending the full width of the lot, which lies between the required front setback line and the front lot line, unoccupied and unobstructed from the ground upward.
B.
YARD, REARAn open space extending the full width of the lot between the required rear setback line and the rear lot line, unoccupied and unobstructed from the ground upward.
C.
YARD, SIDEAn open space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.