2.0.1Â
The following rules of construction of language shall apply
to the text of this law:
1.Â
Words used in the present tense include the future tense.
2.Â
Words used in the singular include the plural, and words used
in the plural include the singular.
3.Â
Words used in the masculine form shall also include the feminine.
4.Â
The word "lot" includes the word "plot" or "parcel".
5.Â
The word "person" includes an individual, firm or corporation.
6.Â
The word "shall" is always mandatory; the word "may" is always
permissive.
7.Â
The words "used" or "occupied" as applied to any land or building
shall be interpreted to include the words "intended, arranged or designed
to be used or occupied".
8.Â
A "building" or "structure" includes any part thereof.
9.Â
The phrases, "to erect", "to construct", and "to build" a building
each have the same meaning and include to excavate for a building
and to relocate a building by moving it from one location to another.
2.0.2Â
If any section, paragraph, subdivision, or provision of this
law shall be held invalid, such invalidity shall apply only to the
section, paragraph, subdivision, or provision judged invalid, and
the rest of this Law shall remain valid and effective.
2.0.3Â
Wherever possible this law shall be interpreted in such a way
that the meaning of the words and phrases and sections herein shall
make them valid and legal in their effect.
2.0.4Â
This law is not intended to abrogate or annul any easement,
covenant, or any other private agreement. Such private agreements
shall not allow what the law prohibits.
2.0.5Â
Whenever the requirements of this law are at variance with the
requirements of other fully adopted rules, regulations or laws, the
law with the most restrictive provisions or those imposing the higher
standards shall govern.
[L.L. No. 6-00, § 1, 12-12-1900; L.L. No. 2-05,
8-9-2005]
The following words or phrases as used in this law are defined
as follows:
To cease or discontinue a use or activity without intent
to resume it.
A structure subordinate to a principal structure on the same
lot and used for purposes customarily incidental to those of the principal
structure. Accessory structures include but are not limited to, portable,
demountable or permanent enclosures, shade structures, carports, swimming
pools, garages and storage sheds.
A use customarily incidental and subordinate to the principal
use or occupancy of a building and located on the same lot with such
principal use or building.
A family-type home for individuals which provides temporary or long-term residential services to individuals who by reason of physical or other limitations associated with either age, physical disability or mental impairment, are substantially unable to live independently. "Adult care facility" is deemed not to include those facilities established under authority of the Public Health Law or Mental Hygiene Law of the State of New York and subject to the requirements of Part II Olean Code of Local Laws Chapter LL4.
[Amended 10-13-2015 by L.L. No. 5-2015]
That whenever used in this local law, the words "adult use"
or "adult uses" apply to the following types of establishments:
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a)
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ADULT BOOKSTORES — An establishment which has as a substantial
or significant portion of its stock in trade, books, pamphlets, magazines
and other periodicals, sculptures, photographs, pictures, slides,
videotapes, films, or sound recordings and which establishment excludes
any minor by reason of age.
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b)
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ADULT ENTERTAINMENT CABARET — A public or private night
club, bar restaurant or similar establishment which presents topless
or bottomless dancers, go-go dancers, strippers, male or female impersonators,
exotic dancers, or other similar entertainment, and which establishment
excludes any minor by reason of age.
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c)
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ADULT VIDEO STORE — An establishment having a substantial
or significant portion of its stock in trade, videotapes or films
for sale viewing on premises by use of motion picture devices, video
equipment or other coin operated means, and which establishment excludes
any minor by reason of age.
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d)
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PEEP SHOW — A theater which presents material in the form
of live shows, films, or videotapes viewed from an enclosure for which
a fee is charged and which excludes any minor by reason of age.
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e)
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MASSAGE ESTABLISHMENT — Any establishment having a fixed
place of business where massages are administered for pay, including
but not limited to massage parlors, sauna baths and steam baths. This
definition shall not be construed to include a hospital, nursing home,
medical clinic, or the office of a physician, surgeon, chiropractor,
osteopath, or duly licensed physical therapist or duly licensed massage
therapist, or barber shops or beauty salons in which massages are
administered only to the scalp, face, neck, or shoulders. This definition
shall also exclude health clubs which have facilities for physical
exercise such as tennis courts, racquetball courts or exercise rooms,
and which do not receive their primary source of revenue through the
administration of massages.
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f)
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ADULT MOTEL — A motel which excludes minors by reason
of age, or which make available to its patrons in their rooms films,
slide shows, or videotapes, which if presented in a public movie theater
would exclude any minor by reason of age.
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g)
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ADULT THEATER — A theater that customarily presents motion
pictures, films, videotapes, or slide shows and that excludes any
minor by reason of age.
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h)
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BODY PAINTING STUDIO — An establishment or business which
provides the service of applying paint or other substance whether
transparent or non-transparent to or on the human body and which excludes
any minor by reason of age
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i)
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ADULT MODEL STUDIO — Any establishment where, for any
form of consideration or gratuity, figure models are provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by persons other than the proprietor, paying such consideration
or gratuity and which excludes any minor by reason of age. This provision
shall not apply to any school of art which is operated by an individual,
firm, association, partnership, corporation or institution, which
meets the requirement established in the New York State Education
Law for the issuance of conferring of, and is in fact authorized to
issue and confer a diploma.
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The raising of agricultural products including livestock,
poultry, dairy products, farm crops, fruit, vegetables and nursery
stock whether for gain or otherwise.
A narrow supplementary thoroughfare for the public use of
vehicles affording access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts or in exit facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
A continuous commercial use in which four or more mechanical,
electrical or electronic machines or devices used or designed to be
operated for entertainment or as a game, and either activated by the
insertion of a coin, token, etc. or use for which a charge is made.
See dwelling unit.
Approved by the city code enforcement officer under the regulations
of this law, or approved by an authority designated by this law.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of terraces and uncovered steps. All dimensions shall be
measured between the exterior faces of walls.
The total area within the lot boundary lines excluding any
area included in a public street right-of-way.
That space of building which is between the top of the uppermost
floor construction immediately below and wholly or partly within the
roof framing and that is not finished as habitable space (See also:
Story, half).
A building or premises used to repair, refinish, clean or
paint motor vehicles, boats, machinery or equipment that uses flammable
or combustible liquids that are vented to the outside air. A junk
yard or auto salvage yard is not to be the same as an auto-body repair/metal
finishing shop.
A business establishment licensed by the State of New York
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
A business establishment licensed by the State of New York
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
Base flood elevation is that height, or elevation, in relation
to mean sea level, which is expected to be reached by the waters of
the base flood at pertinent points in the flood plains of coastal
and riverine areas. The base flood, in accordance with the regulations
established by the Federal Emergency Management Agency (FEMA) for
the national flood insurance program (NFIP), is the flood having a
1% chance of being equaled or exceeded in any given year. The term
base flood has the same meaning as the one-hundred-year-flood under
the regulations of the NFIP.
Any space of a building which is partly below finished grade,
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade (See also: Cellar).
A building containing a single dwelling unit in which at
least one, but not more than four, sleeping rooms are provided by
the owner/occupant as overnight lodging facilities for the accommodation
of transient guests.
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three, but no more than
six, sleeping rooms are offered for rent, with or without meals to
non-transient guests. A lodging house, or rooming house shall be deemed
a boarding house.
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier the land
shall be covered with natural plantings or manmade material to provide
a continuous physical screen preventing visual access and reducing
noise.
Any structure which is wholly or partially enclosed within
exterior walls, is permanently affixed to the land, has one or more
floors and a roof, and is intended for the shelter, housing or enclosure
of persons, animals or chattel.
See: Accessory structure.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation
of the proposed or existing finished grade to the highest point of
the roof for flat roofs, to the deck 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.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
The line, established by statute, local law or ordinance,
beyond which the exterior surface of a building on any side shall
not extend. In the instance of a cantilevered section of a building
or projected roof or porch, said line shall coincide with the most
projected surface.
A term to describe the size, volume, area, and shape of buildings
and structures, and the physical relationship of their exterior walls
or their location to lot lines, other buildings and structures, or
other walls of the same building; and all open spaces required in
connection with a building, other structure, or tract of land.
A building, premises or portions thereof where automobiles
and other vehicles are washed either by the patron or others either
by hand or using machinery and mechanical devices specifically designed
for this purpose.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building (See also: Basement).
A certificate issued by the code enforcement officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this law and such adjustments thereto granted
by the zoning board of appeals.
Any licensed building or structure operated for the purpose
of providing daytime care and instruction for two or more children
on a regular schedule and also known as a day care center. (See also:
Day care)
A building or premises used for regular public worship by
members or representatives of a religious sect or organization as
defined by state statute.
Buildings, structures, and uses owned and operated by the
city and regularly used for neighborhood meetings and other forms
of public assembly.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, providing there are not
conducted any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
Projects or dwelling groups carried out pursuant to the authority
granted to the city by Section 20(24) of the City Law of the State
of New York, whereby the planning board of the city is authorized
to encourage or require the modification of certain density requirements
of this zoning law. The modifications must occur at the same time
that the plat or plats are approved in accordance with the requirements
of the subdivision regulations of the City of Olean. Such modifications
to the density standards of this zoning law are subject to reasonable
conditions set forth by the City of Olean Common Council. The purposes
of such authorization shall be to enable and encourage flexibility
of design and development of land in order to promote the most appropriate
use of land, facilitate the adequate and economical provision of streets
and utilities and preserve the natural and scenic qualities of open
lands.
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communication signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity required to be licensed
by the Federal Communications Commission (FCC) to operate such device.
This definition shall not include private-residence-mounted satellite
dishes or television antennas or amateur radio equipment including
without limitation ham or citizen band radio antennas.
[Added 6-24-2015 by L.L.
No. 4-2015]
A tower, monopole, pole or similar structure which supports
a telecommunications antenna operated above ground in a fixed location,
freestanding, guyed, or on a building or other structure. An amateur
radio tower is not a "communications tower" under this section.
[Added 6-24-2015 by L.L.
No. 4-2015]
A building or group of buildings, in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
Any space, whether inside or outside a building, used for
the storage, sale or keeping of construction materials, machinery
or vehicles, which are in active use by a construction contractor
or a construction supply company.
A tract of land under the control of the applicant or its
agent that is not divided by any natural or manmade barriers such
as existing streets and highways, public rights-of-way identified
on the official map and is not bisected by waterbodies.
Any space, whether inside or outside a building, used for
the storage, sale or keeping of keeping of heavy equipment such as
cranes, boons, bulldozers, tractor trailers, or similar equipment,
or machinery or parts thereof, which are intended for use by the construction
industry.
See: Nursing home.
A commercial retail use which combines the sale of beverages,
dairy and baked goods, snack foods, prepackaged grocery items and
daily household items and which may also be accompanied by the sale
of motor vehicle fuel and accessory substances for automobiles.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A heating process that incinerates deceased human beings.
A facility in which the remains of deceased human beings
are processed by cremation.
Any licensed building or structure operated for the purpose
of providing daytime care for two or more adults or children on a
regular schedule. (See also: Child care facility and adult care facility).
That portion of the city within which specific uses are permitted
according to the designation applied thereto in Article 3 and in conformity
with the provisions of this law.
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
A lot or land used primarily for the disposal by abandonment,
burial, burning or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste materials of any kind.
A building designed or used principally as the living quarters
for one or more families in one or more dwelling units.
A building containing one dwelling unit only. This term shall
not be deemed to include motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
A building containing one dwelling unit and having two side
yards. This term shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
A building containing one dwelling unit and having one party
wall and one side yard. This term shall not be deemed to include motel,
hotel, rooming house or other accommodations used for more or less
transient occupancy.
A building containing two dwelling units. This term shall
not be deemed to include motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include motel, hotel, rooming house
or other accommodations used for more or less transient occupancy.
See: Clustered projects.
One room or rooms connected together, consisting of a separate,
independent housekeeping establishment for owner occupancy, rental
or lease, and containing independent cooking, living, sanitary and
sleeping facilities.
A dwelling unit constructed off-site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation, to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the State of New
York.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
An artificially constructed barrier of wood, masonry, stone,
metal or any other permitted manufactured material or combination
of materials erected for the enclosure of yard areas.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade in computing height of buildings and other structures or for
other purposes shall be the average elevation of all finished grade
elevations around the periphery of the building.
The low lands adjoining the channel of a river, stream or
watercourse, lake or other body of standing water, which have been
or may be inundated by flood water. The channel of a stream or watercourse
is a part of the flood plain in accordance with the national flood
insurance program (NFIP) as administered by the Federal Emergency
Management Agency (FEMA).
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, in accordance with the national flood insurance
program (NFIP) as administered by the Federal Emergency Management
Agency (FEMA). Also referred to as regulatory floodway.
The aggregate sum of the gross horizontal area of the several
floors of the building or buildings, measured from the exterior walls
or from the centerlines of walls separating the buildings. In particular,
the "floor area" of a building or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing there is structural headroom of not less than seven feet
six inches.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
A building or part thereof used for human funeral services,
including chapels, embalming, autopsies, storage of caskets, funeral
urns and other related funeral supplies, and the storage of funeral
vehicles, but does not include facilities for cremation.
A building or premises used for the repair of motor vehicles.
A junk yard or auto salvage yard is not to be construed to mean or
be the same as a garage.
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, which may include as accessory
uses sale of motor vehicle accessories, and which may or may not include
facilities for lubricating, washing, (which does not require mechanical
equipment) or otherwise servicing motor vehicles, but not including
auto body work, welding, or painting.
A non-retail service-oriented office or agency such as insurance
brokers, insurance or real estate agents, travel agents, computer
programming, consulting organizations, or similar uses.
Any room that meets adopted building code requirements for
a habitable room, including minimum room proportions, minimum egress
requirements, and minimum standards for lighting, heating, ventilation,
and electricity.
[Added 10-13-2015 by L.L.
No. 5-2015]
Any historic building, structure, facility, sire or district,
or prehistoric site that is listed on the state and/or national registers
of historic places. Any historic building, structure, facility, sire
or district, or prehistoric site that has been proposed by the New
York Board of Historic Preservation for a recommendation to the state
historic preservation officer for nomination for inclusion on the
national register of historic places. Any locally significant historic
resource designated pursuant to Article 5-K of the New York State
General Municipal Law.
An accessory use which is clearly incidental to or secondary
to the principal residential use of a dwelling unit and does not change
the character thereof, and is carried on wholly within the enclosed
walls of a dwelling unit or accessory building by the resident of
such dwelling unit and in which not more than one person not residing
in such dwelling is employed.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities, medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury which require
bed care, out-patient care or emergency room care.
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may or may not include dining facilities.
This term shall not be deemed to include an inn, bed and breakfast,
boarding house, or other such accommodations.
An institution that people regularly attend or reside in
to participate in or hold religious services, meetings, or other activities.
A house of worship includes churches, synagogues, temples, monasteries,
and convents.
A planned, coordinated development of a tract of land with
two or more separate parcels or lots for industrial, business or mixed
industrial/business development. Such development is planned, designed,
constructed and managed on an integrated and coordinated basis with
special attention given to site planning and layout, attractive appearance,
entrance signage, general landscaping, vehicular circulation, service
and delivery, parking, utility needs, building design and orientation,
equipment storage, refuse disposal and open space. Typically, an industrial/business
park is developed or controlled by one proprietary interest and has
an enforceable master plan and/or covenants, conditions, and restrictions.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
A building containing a single dwelling unit in which more
than four and less than 15 sleeping rooms are provided by the owner/occupant
for compensation, for the accommodation of transient guests, with
or without meals.
A sign which directs attention to a private and/or public
school and/or college located within the city, except as otherwise
set forth herein.
An area of land with or without buildings used for or occupied
by the storage, keeping, abandonment or the salvage of junk material,
including processing such as sorting, baling, packing, disassembly,
exchange and/or purchase and sale of materials, and including scrap
metals or other scrap, used or salvaged building materials, or the
dismantling, demolition, or abandonment of automobiles or other vehicles,
machinery or parts thereof. A lot on which any motor vehicle, that
is not licensed and/or incapable of meeting minimum NYS Motor Vehicle
Inspection Standards, is stored for a period of 30 days or more shall
be considered to meet this definition.
Any place at which there are kept four or more domestic animals
or any number of dogs that are kept for the primarily commercial purpose
of sale or for the boarding, care or breeding for which a fee is charged
or paid.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: New structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits.
See: Boarding house.
A contiguous parcel of land considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same and which abuts
and is accessible from a private or public street.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
The mean distance from the front street line of a lot to
its rear line.
Lot which faces on two streets at opposite ends of the lot
and which is not a corner lot.
See: Coverage.
A lot line which is coincident with the right-of-way line
of a public road or which is measured 20 feet from the center line
of a private road.
The lines bounding a lot as defined herein.
The width of a lot measured between the side lot lines along
the rear line of the required front yard.
An area of land or other area used for a solar collection
system principally used to capture solar energy and concert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but also may be for on-site use. Solar farm facilities consist of
one or more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
[Added 6-9-2015 by L.L.
No. 3-2015]
A factory-built, single-family structure that is manufactured
under the authority of 42 U.S.C. Sec. 5401, the National Manufactured
Housing Construction and Safety Standards Act of 1974, is transportable
in one or more sections, is built on a permanent chassis, and is used
as a place of human habitation; but which is not constructed with
a permanent hitch or other device allowing transport of the unit other
than for the purpose of delivery to a permanent site, and which does
not have wheels or axles permanently attached to its body or frame.
(See also: Mobile home).
A place where medical or dental care is furnished to persons
on an outpatient basis by five or more physicians who have common
offices in a building which shall also offer laboratory and diagnostic
facilities to patients on an out-patient basis and not just in conjunction
with normal professional services.
A solar voltaic cell, panel, or array, or solar hot air or
water collector device, which relies upon solar radiation as an energy
source for collection, inversion, storage and distribution of solar
energy for electricity generation or transfer of stored heat, secondary
to the use of the premises for other lawful purposes, with the total
surface area of all solar collectors on the lot not to exceed 4,000
square feet.
[Added 6-9-2015 by L.L.
No. 3-2015]
A transportable, factory-built home, designed to be used
as a year-round residential dwelling that is manufactured under the
authority of the 42 U.S.C. Sec 5401, the National Manufactured Housing
Construction and Safety Standards Act of 1974. A mobile home is not
constructed with a permanent chassis and may be transported on its
own wheels or those of another vehicle. The definition of mobile home
includes all additions made subsequent to installation. This definition
does not include manufactured housing placed on a permanent foundation
or a travel trailer. (See also: Manufactured housing).
A parcel of land under single ownership on which two or more
mobile homes are occupied as a residence or which is planned and improved
for the placement of two or more mobile homes for non-transient residential
use, or for the sale or rental of two or more mobile home lots.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space, and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes, but is not limited to, every type of similar establishment
known variously as an auto court, motor hotel, motor court, motor
inn, motor lodge, tourist court, tourist cabins, or roadside hotel.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this zoning law, either following its effective date or as a result
of subsequent amendment thereto.
Any use of a building, other structure, or tract of land
which does not conform to the use regulations for the district in
which such use is located, either at the effective date of this zoning
law or as a result of subsequent amendment thereto.
One or more commercial uses proposed as a unit, or one or more Industrial uses proposed as a unit, in conformance with Article 8.
A building containing accommodations for persons where nursing
and convalescent services including meals are furnished.
Any place, however designated, operated for the purpose of
providing both daytime care and instruction for two or more children
from two to five years of age inclusive, and operated on a regular
basis, including kindergartens, day nurseries, and day care centers.
An area which is not developed with principal or accessory
structures and which is intended to provide light and air, and is
designed for either environmental, scenic or recreational purposes.
Open space may include, but is not limited to, decorative planting,
preservation of existing natural areas, walkways, active and passive
recreation areas and playgrounds. Open space shall not be deemed to
include driveways, roadways or parking areas.
Any public or private land available for recreational, educational,
cultural, or aesthetic use.
Any tract of privately-owned land which is used for the storage
of motor vehicles and is not accessory to any other use on the same
or any other lot, and contains parking space rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
Any tract of privately-owned land which is used for storage
of motor vehicles and is accessory to a use on the same parcel or
lot or on another parcel or lot, and contains parking spaces reserved
or leased in some manner for that principal use and not available
to the general public.
An off-street parking area where motor vehicles may be stored
by the general public, with or without a fee, for temporary, daily
or overnight parking.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 180 square feet exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
Any structure in which motor vehicles may be parked or stored
that is not accessory to any other use on the same lot, and contains
parking spaces rented to the general public or reserved for a group
of individuals by the hour, day, week, month or year.
A commercial operation, office, store or other place of business
catering to the personal needs of a customer, such as normally conducted
by a beautician, tailor or dressmaker.
A lot together with all the buildings and uses thereon.
An office principally occupied by a licensed professional
such as a physician, dentist, lawyer, engineer, architect, accountant,
or similar occupation.
Uses designed as recreational activities operated by private
businesses for profit, including privately operated amusement parks
or rides, games, miniature golf courses and similar uses.
A device for which the sole purpose is to increase the solar
radiation received by a solar collector.
A store or other place of business at which is conducted
the repair of personal customer items, such as shoes, clothing, jewelry,
etc.
A building or any part of a building, which contains dwelling
units for permanent occupancy. Residence, therefore, includes all
one-family, and multifamily, boarding, fraternity and sorority houses.
However, "residences" shall not include the following:
[Amended 10-13-2015 by L.L. No. 5-2015]
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
Any establishment, however designated, whose primary use
is preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises. However a snack bar
or refreshment stand at a public or quasi-public community swimming
pool, playground, playfield or park, which is operated by an approved
sponsoring group, agency or vendor for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
Business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public.
The property under public ownership or easement normally
used for movement of vehicles, and or persons, including, but not
restricted to, any pavement area.
A light structure with a roof, either attached to the ground
or movable, not for year-round use and at which produce is offered
for sale to the general public.
See: Boarding house.
An antenna the purpose of which is to receive television
and/or radio signals from orbiting satellites and which is located
external to or attached to the exterior of any structure.
Any road, highway, lane district, or corridor designated
pursuant to Article 49 of the New York State Environmental Conservation
Law. Any area designated a scenic area of statewide significance pursuant
to New York States's Coastal Management Program (19 NYCRR 602.5).
A facility, either public or private that provides a curriculum
of elementary and/or secondary academic instruction, including kindergartens,
elementary schools, junior high schools, and or senior high schools.
A building or group of buildings where occupancy is restricted
to persons 55 years or older. In the case of double occupancy of a
unit, only one resident is required to be at least 55 years of age.
The required distance in feet from:
[Added 10-13-2015 by L.L. No. 5-2015]
A building containing at least one habitable room provided with
minimal supportive services and which is intended to provide housing
for homeless persons, domestic violence victims or other transient
individuals on a temporary basis for any reason.
A shelter is not to be interpreted as any of the following:
boarding house; dwelling; dwelling, one-family; dwelling, one-family
detached; dwelling, one-family semidetached; dwelling, two-family;
dwelling, multiple-family; dwelling unit; hotel; inn or motel.
A building or group of buildings containing a combination
of three or more separate shops, stores or offices on a single lot
providing primarily retail services with supporting service and office
establishments.
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 lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking, or representation used as, or which
is in the nature of, an announcement, direction or advertisement.
A "sign" includes a billboard, but does not include the flag or insignia
of any nation or of any governmental agency or of any political, educational,
charitable, philanthropic, civic, eleemosynary, professional, religious
or similar organization, or of any campaign, drive, movement, or event
which is temporary in nature.
A sign which directs attention to a business commodity, service
or entertainment conducted, sold or offered elsewhere than on the
same lot. This shall include billboards.
A sign which directs attention to a business or profession
conducted or to products sold on the same lot. A "For Sale" sign relating
to the lot on which it is displayed should be deemed a business sign.
A sign showing the name and profession, occupation or pursuit
conducted on the premises.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 10 years, regardless of any division of such land
into parcels for the purpose of financing.
Maps and supporting information required under Article 9 of this law.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy, and that contributes to a structure's
energy supply, together with any components for containing and supporting
such device.
A solar collector, as defined herein which is physically
detached from the structure for which solar energy is to be supplied.
A complete design or assembly consisting of a solar energy
collector (herein called a solar collector), an energy storage facility
(where used), and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system), including passive solar energy systems.
The part of a building comprised between a floor and the
floor or roof next above it. A basement shall be considered a story.
A cellar shall not be considered a story.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below. An attic with a finished
floor shall be considered a half story. Half stories have structural
headroom of less than seven feet six inches and shall not be included
within the definition of floor area for the purposes of this zoning
law. (See: Floor area).
An existing public or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on the official map and recorded in the office
of the county clerk.
A street or road designed primarily to provide access to
abutting properties.
Those streets which are parallel to and adjacent to arterial
streets and highways, and which provide access to abutting properties
and protection from through traffic.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that services or is designed to serve no more than
two principal uses and is built to city specifications that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the city.
A road or street that serves three or more principal uses,
that is built to city specifications and is dedicated to the city
for maintenance.
A public street which serves or is designed to serve as a
traffic way for a neighborhood or as a feeder to a primary street.
A static construction of building materials, framed of component
structural parts for occupancy or use, including buildings, stadiums,
platforms, towers, sheds, display stands, storage bins, signs, fences,
reviewing stands, gasoline pumps, mobile dwellings, and the like.
An artificial pool of water having a depth at any point of
more than 30 inches and a surface area of greater than 100 square
feet, designed or intended for the purpose of bathing or swimming
and including all appurtenant equipment.
A swimming pool operated as an accessory use to a residential
dwelling unit or units and located on an individual residential lot
or site.
A public or privately-owned pool open to the general public
or to individuals on a membership basis and having appropriate dressing
room facilities, recreation and off-street parking area.
A surface layer of the soil containing more or less organic
matter to a depth usually plowed in cultivation. The "A" horizon of
the soil solum.
A building consisting of three or more attached single-family
dwelling units each having separate entrances and common vertical
party walls. (See also: Building, semidetached).
A non-motorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and which has been designed for
human occupancy as a dwelling unit. A trailer does not meet the standards
established by 42 U.S.C. Sec. 5401, the National Manufactured Housing
Construction and Safety Standards Act of 1974.
A non-motorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and which has been designed for
the storage of tools and/or equipment.
A registered vehicle which is used or designed to be used,
for seasonal and/or temporary living or sleeping purposes, and which
is customarily standing on wheels or rigid supports. A recreational
vehicle (RV) is also considered a travel trailer.
A building or part of a building or premises for the storage
and/or transfer of goods, wares and merchandise for the owner or others
by truck transport.
This term is employed in referring to:
The main or primary purpose for which a building, other structure
and/or lot is designed, arranged or intended or for which it may be
used, occupied or maintained under this law.
A premises, including open areas, other than a street or
way, and enclosed showrooms for the display and sale of new or used
automobiles, trucks, trailers, motorcycles, boats, and/or recreational
vehicles.
A building for the treatment of animal illness including
facilities for boarding animals receiving treatment.
A building or premises, for storing of goods, wares and merchandise,
whether for the owner or for others, whether publicly or privately
owned or used.
A thoroughfare, street, alley, way or right-of-way, however
designated, permanently established for passage of persons or vehicles.
A business establishment engaged in selling to retailers
or jobbers rather than directly to consumers.
Any mechanical device designed for the purpose of converting
wind energy into electrical or mechanical power.
An open area extending the full width of the lot between
the street right-of-way and the building line projected to the side
lot lines.
An open area extending the full width of the rear lot line
situated between the rear lot line and the building line projected
to the side lot lines.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a setback
depth or width as specified by the bulk regulations of the district
in which the lot is located. No part of such yard shall be included
as part of a yard or other open space similarly required for buildings
on another lot.
An open area extending between the building line and the
side line of a lot and extending from the front yard rear line (or
from the front lot line, if there is no required front yard) to the
rear yard front line (or to the rear lot line if there is no required
rear yard).
