For the purpose of this chapter, certain words and terms used
herein shall be defined as follows:
A.Â
All words used in the present tense include the future tense.
B.Â
All words in the plural number include the singular number, and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
C.Â
The word "person" includes an association, partnership or corporation.
D.Â
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
E.Â
The word "building" includes the word "structure."
F.Â
"Lot" includes the words "plot," "parcel," "tract" or "site."
G.Â
The word "premises" includes a lot and all buildings or structures
thereon.
H.Â
"To erect," "to construct" and "to build" a building or structure
each have the same meaning and also include "to excavate" for a building
and "to relocate" a building by moving it from one location to another.
I.Â
"Used" shall be deemed also to include "designated, intended or arranged
to be used or occupied."
J.Â
"Shall" is mandatory and not discretionary; "may" is permissive.
K.Â
"He" shall include the feminine gender "she" as well.
As used in this chapter, the following terms shall refer to
the following administrative agencies:
The Zoning Board of Appeals of the Village of Warsaw.
The official designated by the Village Board of the Village
of Warsaw to enforce the provisions of this chapter and the New York
State Uniform Fire Prevention and Building Code in the village.
The Planning Board of the County of Wyoming.
The Wyoming County Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the village.
The Planning Board of the Village of Warsaw.
The Village Board of the Village of Warsaw.
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure or use which is
customarily incidental and subordinate to and serves a principal building
or principal use; is subordinate in area, extent or purpose to the
principal building or principal use served; contributes to the comfort,
convenience or necessity of occupants of the principal building or
principal use; and is located on the same parcel as the principal
building or principal use.
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Village
of Warsaw.
See definitions included in Chapter 36, Adult Bookstores, Cabarets and Theaters.
The use of the land for agricultural purposes, including
truck farms or nurseries, greenhouses, horticulture, viticulture and
apiaries; and the raising or breeding of animals, swine or poultry;
riding academies; livery or boarding stables; and the necessary accessory
uses for storage; provided, however, that the operation of any such
accessory use shall be incidental to that of the principal agricultural
activities.
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure, such as bearing
walls, columns, beams or girders, or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; any
alteration whereby a structure is adapted to another or different
use.
A building arranged, intended or designed to include three
independent dwelling units, but having common hallways and entrances.
A designated AO, AH or VO Zone on a Flood Insurance Rate
Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one to three feet, where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain subject to a one-percent or greater
chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1 through 30, A99, V, VO, VE or V1 through
30. It is also commonly referred to as the "base floodplain" or "one-hundred-year
floodplain."
An establishment where raw materials are refined, milled
or processed into finish grade for sale on premises and offered into
a general stream of commerce.
[Added 4-20-2015 by L.L.
No. 1-2015]
A rooflike shelter, made of fabric and which may be retractable, that extends over a doorway, window or the facade of a building in order to provide protection, as from the sun or weather. Regulations governing awnings are included in Article XIII.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A portion of a building having its floor subgrade (below
ground level) at any point on the periphery of the building. For purposes
of this chapter, "basement" has the same definition as "cellar."
A dwelling within which overnight accommodations are provided
or offered for transient guests for compensation. For purposes of
this chapter, "bed-and-breakfast establishments" shall include tourist
homes.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms not less than 10 feet in depth
and not less than six feet in height, densely planted and designed
to provide a physical screen preventing visual access from one use
to another and to reduce the escape and/or intrusion of litter, fumes,
dust, noise or other noxious or objectionable elements.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
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 level around the entire perimeter of the building
to the highest point of the structure.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the "building lines."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or of a parcel
of land with no buildings. Said certificate shall acknowledge compliance
with all requirements of this chapter.
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Uniform
Code.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are no vending stands, merchandising or commercial activities
conducted except as required generally for the membership and purposes
of such club or as permitted by separate ordinance or local law.
A development of lots to be used for single-family residences,
each containing less area than the minimum lot area required for the
zone within which such development occurs, while maintaining the density
limitation imposed by said minimum lot area through the provision
of open space as part of the site development plan.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners of individual units on a proportional undivided
basis. "Condominiums" are a form of ownership of units which may be
built in residential or nonresidential districts. "Condominiums" are
governed under Article 9-B of the Real Property Law, also known as
the "Condominium Act of the State of New York."
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the "curb level"
is the average of the mean levels of the curb on the two intersecting
streets. Where no such grade has been established, the Superintendent
of Public Works shall establish the "curb level" for the purposes
of this chapter.
A center, operated on a regular basis, designed to provide
daytime care or instruction for more than six children.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
A building designed or used for one or more families. The
term "dwelling" shall not be deemed to include a motel, hotel, boardinghouse
or travel trailer.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A factory-built residential dwelling unit designed to be
occupied as a dwelling, complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and placement
on a permanent foundation and connections to utilities. "Manufactured
housing" shall meet the National Manufactured Home Construction and
Safety Standards as set forth by the United States Department of Housing
and Urban Development and the requirements of the Uniform Code. A
travel trailer shall not be considered as a "manufactured dwelling."
A residential building designed for or occupied by three
or more families living independently of each other with the number
of families in residence not exceeding the number of dwelling units
provided.
A residential dwelling unit designed for and occupied exclusively
by one or more persons living as a single nonprofit housekeeping unit
and having a minimum width dimension of not less than 16 feet.
A residential building containing two dwelling units designed
for occupancy and used exclusively by two families living independently
of each other and having a minimum width dimension of not less than
16 feet. A duplex is a two-family dwelling which is designed with
a common wall.
A building or portion thereof providing housekeeping facilities,
including cooking and sanitary facilities, designed and used for occupancy
by a single family for living and sleeping purposes.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) or shear walls.
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishings
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health, safety or general
facilities or sites for the disposal of waste materials associated
with the provision of such services.
The process of the removal of sand, gravel, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
Any parcel which is used for agricultural production or farming
activities. It includes necessary farm structures and the storage
of equipment used.
The federal agency that administers the National Flood Insurance
Program.
A structure of wood, masonry, wire mesh or other material,
including landscaping, which prohibits or inhibits unrestricted travel
or view between properties or portions of properties or between the
street or public right-of-way and a property.
See "motor vehicle service station."
The level where the finished grade of the ground intersects
the foundation walls of a building. All height measurements shall
be taken from the "finished grade level."
An official map published by the Federal Emergency Management
Agency as part of a Flood Insurance Study. The "FBFM" delineates a
regulatory floodway along watercourses studied in detail in the Flood
Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations
or an examination, evaluation and determination of flood-related erosion
hazards.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above of this definition.
An official map issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard
have been designated as Zone A but no flood elevations are provided.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the village.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary-Floodway
Map and the water surface elevation of the base flood.
Any land area susceptible to being inundated by water from
any source. (See the definition of "flooding.")
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation of the
base flood.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, "gross
floor area" shall not include areas used principally for nonpublic
purposes, such as storage, rest rooms, fitting or alteration rooms
or general maintenance or enclosed pedestrian malls or corridors.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor used only
for storage purposes is not a "habitable floor." All dimensions shall
be measured from the interior faces of exterior walls or from the
center line of the base of walls separating two dwelling units.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship-repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit.
Any garage, other than a private garage operated for gain,
available to the public, which is used for the storage, repair, servicing
or rental of motor vehicles.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on the State Inventory of Historic Places
approved by the Secretary of the Interior; or
Any occupation or profession customarily conducted entirely
within a dwelling or a building accessory to the dwelling by the inhabitants
thereof, which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
A "home occupation" shall not be interpreted to include the following:
commercial stables and kennels, restaurants, musical and dancing instruction
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles.
A lot, land or structure or part thereof where junk, waste
or discarded or salvaged materials are bought, sold, exchanged, sorted,
baled, packed, disassembled, handled or abandoned, including automobile
or other vehicle or machinery wrecking or dismantling yards; house
wrecking yards; used lumber yards; places or yards for storage of
salvaged house wrecking and structural steel materials and equipment;
or where two or more unregistered motor vehicles are held outside
of a completely enclosed building, whether for the purpose of resale
or sale of used parts therefrom, for the purpose of reclaiming for
use some or all the materials therein or for the purpose of storage
or disposing of the same for any other purpose. Such term shall include
any place of storage or deposit for any such purposes of used parts
or waste materials from motor vehicles which, taken together, equal
in bulk two or more such vehicles. The term "junkyard" shall not be
construed to mean an establishment having facilities for processing
iron, steel or nonferrous scrap and whose principal product is scrap
iron, steel or nonferrous scrap for sale for remelting purposes only.
In addition, the term "junkyard" shall not include pawn shops and
establishments for the sale, purchase or storage of used furniture,
household equipment and clothing or for the processing of used, discarded
or salvaged materials as part of manufacturing operations. Exceptions
shall be:
New and/or used motor vehicles which are operable, qualify for
a current New York State Motor Vehicle inspection sticker under Article
5 of the New York Motor Vehicle and Traffic Law and are offered for
sale to the public may be stored on premises on which new or used
car sales may be conducted in accordance with the provisions of these
regulations.
The storage of vehicles subject to seasonal use, such as travel
trailers and snowmobiles, even though such vehicles may be unlicensed
during the part of the year they are not in use, is permitted.
Any premises on which four or more dogs six months old or
older are kept, bred and/or boarded.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required "off-street loading space" is
not to be included as off-street parking space in the computation
of required off-street parking area.
A room rented as sleeping and living quarters, without cooking
facilities and with or without an individual bathroom.
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by a common interest or use and the customary
accessory uses and open space belonging to the same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating "lot area."
A parcel of land at the junction of and fronting on two or
more intersecting streets. All "corner lots" shall be deemed to have
two front yards, two side yards and no rear yard.
That percentage of the lot area which is devoted to building
area.
The minimum horizontal distance from the street line of a
lot to its opposite rear line, measured in the general direction of
the side lines of the lot.
The front of a lot shall be construed to the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered front yards.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
A lot which is not a corner lot and which has frontage on
two streets.
The distance between the side lot lines measured parallel
to the street line at the front setback line.
The lowest floor of the lowest enclosed area, including the
basement or cellar. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's "lowest
floor," provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
See definitions included in Chapter 141.
A building or buildings containing sleeping units for transient
guests and providing accessory off-street parking facilities; and
which may include restaurant facilities and a dwelling unit for a
bona fide caretaker or operator. The term "motel" includes hotels,
auto courts, motor lodges and similar terms. Each sleeping unit shall
contain not less than 240 square feet of living space.
Every vehicle which is propelled by any power other than
muscular power, except electrically driven invalid chairs being operated
or driven by an invalid. "Motor vehicles" shall include but not be
limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles,
etc.
Any building, structure or land used to disperse, sell or
offer automotive fuels, oils or accessories, including lubrication,
washing, polishing or cleaning and the replacement or installation
of parts and accessories to passenger automobiles or trucks not exceeding
1Â 1/2 tons. For the purpose of this chapter, "motor vehicle service
station" includes the term "filling station."
A vertical control as corrected in 1929, used as a reference
for establishing varying elevations within the floodplain.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. "Neighborhood
character" is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
Any lawful building or structure existing at the date of
enactment of this chapter which in its design or location upon a lot
does not conform to the regulations of this chapter for the district
in which it is located.
A lot of record existing at the date of the enactment of
this chapter where the owner(s) of said lot does not own any adjoining
property, the resubdivision of which would create one or more conforming
lots, which does not have the minimum width, depth or area for the
district in which it is located.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
A place providing or designed to provide daytime care or
instruction for six or more children from two to five years of age
away from their home for up to three hours per day.
Any unoccupied space open to the sky on the same lot with
a building.
A space adequate for parking an automobile and having a width
of not less than nine feet and an area of not less than 180 square
feet per vehicle, exclusive of passageways and driveways appurtenant
thereto. Such space shall be located on the lot it is accessory to
and shall have direct access to a street or public way.
A building in which is conducted the main or principal use
of the lot on which said building is located.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
The main or primary purpose for which a building, structure
or lot is to be used.
Intended to designate any one or more of the following uses,
including grounds and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, including golf courses, playgrounds and recreational
areas when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Administrative office buildings and related facilities operated
by public agencies.
Fire, ambulance, public safety and public works buildings.
Hospitals for the care of human beings, nursing homes, convalescent
homes, homes for the aged or residences for adults as the same are
defined under the Public Health Law or the Social Services Law of
the State of New York, provided that they are duly licensed by the
State of New York.
Membership corporations established for cultural, social or
recreational purposes.
Day-care centers approved by the New York State Department of
Social Services.
See definition included in Chapter 141.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in this chapter.
Any temporary storage space for a vehicle waiting for admission
to a commercial use for service. Such space shall be in addition to
drives, aisles or off-street parking spaces required by this chapter.
One "reservoir space" shall be 20 feet long and eight feet wide.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar or refreshment stand at a public, semipublic
or community swimming pool, playground, playfield or park operated
by the agency 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."
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
The line determining the street or highway limit of public
ownership.
A dwelling other than a hotel, motel or bed-and-breakfast
establishment where not more than two persons are housed or lodged
for hire with or without meals. A "rooming house" is distinguished
from a bed-and-breakfast establishment in that it is designed to be
occupied by longer-term residents as opposed to overnight or weekly
guests.
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
Any material, structure or part thereof or any device attached
to a building or structure or painted or represented thereon, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed and is intended for display of an advertisement,
notice, directional matter or name, and includes sign frames, billboards,
sign boards, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs.
The area of a sign consisting of the entire surface of any
regular geometric form or combinations of regular geometric forms,
comprising all of the display area of the sign and including all of
the elements of the matter displayed, but excluding supporting or
structural members not bearing advertising matter.
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
A sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixing or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to
or part of a building or structure.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
A sign lighted by electricity, gas or other artificial light,
including reflective or phosphorescent light, paint or tape.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
A sign which exists at the time of enactment of this chapter
and which does not conform to the regulations and restrictions imposed
herein.
A sign which directs attention to a business, profession
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
A sign that is designed and intended to be transported from
place to place and is not permanently affixed to the ground or to
a building or structure. Portable signs may or may not have wheels.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
Any sign constructed on or supported by the roof of any building
or structure.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease or other special events on
a temporary basis.
A plan, drawn to scale, showing uses and structures proposed
for a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, rights-of-way, parking areas,
open space and any other information deemed necessary by the Planning
Board.
The initiation, excluding planning and design, of any phase
of a project or physical alteration of a property, and shall include
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages or sheds), storage trailers and building materials.
That portion of a building between the surface of any floor
and the surface of the floor next above; also any portion of a building
used for human occupancy between the topmost floor and the roof.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
swimming pools, gasoline and oil tanks, buildings, mobile homes, fences,
signs, billboards, towers, antennas and satellite television dishes.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development, and shall
include resubdivision.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, alteration or modification of
a building, the cost of which equals or exceeds 50% of the market
value of the building either before the improvement or repair is started
or, if the building has been damaged and is being restored, before
the damage occurred. The Code Enforcement Officer shall determine
the value of the improvements to be made based upon the square footage
of building area added or improved. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. The term does not, however, include either:
Any project for improvement of a building to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a building listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Any body of water or receptacle for water which has a capability
of a depth of more than two feet at any point, used or intended to
be used for swimming, bathing or wading and installed or constructed
above or below ground.
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 structures incidental to new construction
which shall be removed after the completion of the construction work.
Includes any structure, including dish antennas, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as or for the support of devices to be used for
the transmission and/or reception of radio frequency signals, such
as but not limited to broadcast, shortwave, citizens band, FM or television
signals or wind-driven devices, such as energy converters and wind
speed and/or direction indicators.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with a private outside entrance.
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
The New York State Uniform Fire Prevention and Building Code.
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 relating to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a "special permit use" only if specific provision for
such special permit use is made in this chapter.
Authorization by the Board of Appeals for the use of land
in a manner which is not allowed by the dimensional or physical requirements
of this chapter.
Authorization by the Board of Appeals for the use of land
for a purpose which is otherwise not allowed or is prohibited by this
chapter.
The combination of the natural terrain and built environment
that can be seen looking out from a property.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided by
this chapter, and situated between the principal building or group
of buildings and the nearest lot line.
A yard extending between the side lot lines across the front
of a lot adjoining a street; situated between the street line and
the front building line.
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line. In the case of
through lots, there will be no rear yards, but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
