A.Â
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense shall include the future; words used in the singular number
include the plural; and words used in the plural number include the
singular, unless the context clearly indicates the contrary.
B.Â
The word "shall" is always mandatory; the word "may" is permissive.
C.Â
"Building" or "structure" includes any part thereof.
D.Â
The word "lot" includes the words "plot" or "parcel."
E.Â
The word "person" includes an individual person, a firm, a corporation,
a copartnership and any other agency of voluntary action.
F.Â
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
The tilling of soil, raising of crops, horticulture and gardening,
but not including keeping or raising of domestic animals and fowl,
except household pets, and not including any agricultural industry
or business, such as fruit-packing plants, fur farms, animal hospitals
or similar uses.
As applied to a building or structure, a change or rearrangement
in the structural parts or existing 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.
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of terraces and uncovered steps.
A designated AO or V5 Zone on a Flood Insurance Rate Map
with base flood depths from one foot to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and indeterminate and where velocity flow may be evident.
A restriction, regulation or requirement of this chapter
of the Code of the Village of Bath which does not directly involve
the use of property.
[Added 11-16-1992 by L.L. No. 3-1992]
Includes but is not limited to matters such as setback, frontage,
lot size, density and/or yard requirements.
[Added 11-16-1992 by L.L. No. 3-1992]
Two or more old or secondhand motor vehicles no longer intended
or in condition for use on the public highways.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
An owner-occupied one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, containing at least three bedrooms but not more than five
bedrooms for such lodgers.
[Added 3-18-2002 by L.L. No. 2-2002]
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is situated.
A building or part thereof, other than a hotel, motel or
restaurant, where meals and/or lodging are provided for compensation,
direct or indirect, for three or more unrelated persons when no kitchen
or dining facilities are provided in individual rooms.
The portion of a lot remaining after required yards have
been provided.
Any structure which 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.
A building surrounded by open space on the same lot.
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.
A building in which is conducted the main or primary 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 term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls on their location to the lot line, 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.[1]
A cannabis related business most likely being one or more
of the cannabis businesses classified in the three following classifications:
[Added 12-18-2023 by L.L. No. 5-2023]
CANNABIS BUSINESS, INDUSTRIALA cannabis-related business licensed by NYSOCM to operate one of the following business types: adult-use cultivator, adult-use nursery, adult-use processor, adult-use distributor, adult-use cooperative, or adult-use microbusiness.
CANNABIS BUSINESS, ON-SITE CONSUMPTIONA cannabis-related business licensed by NYSOCM to operate an adult-use on-site consumption business. An on-site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on- site consumption licensee to cannabis consumers for use at the on-site consumption location.
CANNABIS BUSINESS, RETAILA cannabis-related business licensed by NYSOCM to operate one of the following business types: adult-use retail dispensary or adult-use delivery.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
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, provided that any vending
stands, merchandising or commercial activities are not conducted,
except as required generally for the membership and purposes of such
club.
A vehicle of more than one-ton capacity, used for the transportation
of persons or goods primarily for gain, with or without a sign or
lettering, including but not limited to trucks, buses, vans, truck
tractors and truck trailers.
[Amended 3-4-1991 by L.L. No. 1-1991]
A vehicle of less than one-ton capacity, used for the transportation
of persons or goods primarily for gain, with or without a sign or
lettering, including but not limited to pickup trucks, smaller vans,
etc.
[Added 3-4-1991 by L.L. No. 1-1991]
The Village of Bath.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance to farm roads.
A building designed or used principally as the living quarters
for one or more families. The terms "dwelling," "single-family dwelling,"
"two-family dwelling," "multiple dwelling" or "dwelling group" shall
not be deemed to include a motel, hotel, rooming house or other accommodations
used for more or less transient occupancy. (See "residence, residential.")
DWELLING, SINGLE-FAMILYA detached building, other than a mobile home, containing one dwelling unit only.
DWELLING, TWO-FAMILYA detached building containing two dwelling units, designed for occupancy by not more than two families.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING GROUPA group of three or more, but not over nine, attached single- or two-family dwellings with party walls between.
A factory-fabricated transportable building designed to be
used by itself or to be incorporated with similar units at a building
site into a modular structure. The term is intended to apply to major
assemblies and does not include prefabricated panels, trusses, plumbing
trees and other prefabricated subelements which are to be incorporated
into a structure at the site.
Erection, alteration and maintenance of telephone dial-equipment
centers, electrical and gas substations, pumping stations and similar
aboveground structures.
A manufactured home park for which the construction of facilities
for servicing the lot on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads and the construction
of streets) are completed before the effective date of the floodplain
management regulations adopted by this chapter, said date being February
22, 1983.
[Added 4-25-1988 by L.L. No. 1-1988]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed, including the installation of utilities, final
site grading or pouring of concrete pads or the construction of streets.
[Added 4-25-1988 by L.L. No. 1-1988]
The removal of soil, gravel or sand for purposes unrelated
to excavation for construction where the extractive operation is conducted.
A family consists of one person or two or more persons related
by blood, marriage or adoption or not more than five persons not necessarily
related by blood, marriage or adoption and, in addition, any domestic
servants or gratuitous guests, who live together in a single dwelling
unit and maintain a common household.
A general and temporary condition of partial or complete inundation
of normally dry land areas.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused or precipitated
by accumulations of water on or under the ground.
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 flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A above.
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years.
An official map of a community issued by the Federal Emergency
Management Administration where the boundaries of the flood- or mudslide-related
erosion areas having special hazards have been designated as Zones
A, M and/or E.
An official map of a community on which the Federal Emergency
Management Administration has delineated both the special flood hazard
areas and the risk-premium zones applicable to the community.
Any land area susceptible to being inundated by water from
any source.
That area of the municipality identified on the Flood Hazard
Boundary Map as being subject to flood and/or mudslide hazards, which
area is delineated on the Zoning Map, and for which special floodplain
management requirements and criteria are enumerated herein.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates 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 required to carry and discharge a flood of a given magnitude.
The lines marking the limits of floodways on official federal,
state and local floodplain maps.
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, including any 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.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not habitable.
The vertical distance measured from the average finished
grade along the wall of the building, or adjacent to the side of the
structure, to the highest point of such building or structure.
See § 119-25.
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, which has a common
exterior entrance or entrances and which may contain one or more dining
rooms.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials, or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more vehicles, or
wrecked or broken-down vehicles, or the major parts thereof, for three
months or more shall be deemed to make the lot a junkyard.
Any place at which there are kept four or more dogs more
than four months of age or any number of dogs that are kept for the
primary purpose of sale or for the boarding, care or breeding for
which a fee is charged or paid.
See "boardinghouse."
A defined portion or 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. A
lot shall abut and be accessible from a public or private 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°.
A lot area or percentage of lot area covered by buildings
or structures, including accessory buildings or structures.
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
The frontage of a lot shall be construed to be that portion
of the building line or front yard line adjacent to a public street.
The lines bounding a lot as defined herein.
An area designated as a separate distinct parcel of land
on a legally recorded subdivision plat or in a legally recorded deed
as filed in the official records of the Steuben County Clerk's office.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
[Added 4-25-1988 by L.L. No. 1-1988[2]]
A building or a 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" and
"roadside hotel."
For the purpose of floodplain management, structures for
which the start of construction commenced on or after the effective
date of the floodplain management regulations adopted by this chapter,
said date being February 22, 1983.
[Added 4-25-1988 by L.L. No. 1-1988]
See "new construction."
[Added 4-25-1988 by L.L. No. 1-1988]
The 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 chapter, either following its effective date or as a result
of subsequent amendments 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 chapter
or as a result of subsequent amendments thereto.
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two years of age to five years of age, inclusive, and operated on
a regular basis, including kindergartens, day nurseries and day-care
centers.
A building with fewer than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
See "base flood."
A space other than a public street suitable for parking an
automobile, with adequate room for opening doors on both sides, together
with properly related access to a public street or alley and maneuvering
room.
Includes any individual or group of individuals, corporation,
partnership, association or any other organized group of persons,
including local governments and agencies thereof.
A lot, together with all the buildings and uses thereon.
The use of offices and related spaces for professional services
such as are provided by medical practitioners, attorneys, architects,
engineers and similar professions.
Includes travel trailers, tent campers, pickup coaches, motorized
homes, boats, boat trailers and snowmobiles.
The channel of a river or other watercourse and that adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residences,"
therefore, include all single-family, two-family, multifamily, boarding-,
fraternity and sorority houses. However, "residences" shall not include
the following:
An establishment, however designated, at which food is sold
for consumption on the premises to patrons within an enclosed building
or elsewhere on the premises. However, a snack bar or refreshment
stand at a community swimming pool, playground or park operated by
an agency or group or an approved vendor operating facilities for
the convenience of patrons by the recreation facility shall not be
deemed a restaurant.
A building line which determines the location of a building
or structure with respect to any street lot line.
Any letter, pictorial representation, symbol, flag, emblem,
illuminated or animated device displayed in any manner whatsoever
which directs attention of persons off the premises on which the sign
is displayed to any object, subject, place, person, activity, product,
service institution, organization or business. For the purpose of
this chapter, the term "sign" does not include signs erected and maintained
pursuant to and in discharge of any governmental function or as required
by law, ordinance or government regulation.
A sign which directs attention to a business, commodity,
service or entertainment, conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" sign or a "to let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material, electricity, radioactivated or gaseous material
or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign designed to give forth any artificial light or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed. Structural members bearing no sign copy
shall not be included. Only one side of a freestanding or projecting
double-faced sign shall be included in calculating surface area, provided
that the two display surfaces are joined at an angle no greater than
60°. All sides of a multifaced sign visible from any one street
shall be included in the calculation of surface area.
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 30 years, regardless of any division of such
land into parcels for the purpose of financing.
An area having special flood, mudslide and/or other flood-related
erosion hazards and shown on a FHBM or FIRM as Zone A, AO, A1-A99,
VO, V1-V30, M or E.
Those particular uses which are specifically permitted in
a given district only when specific criteria enumerated herein are
applied in such a manner so as to carry out the intent of this chapter.
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
An existing public way which affords principal means of access
to abutting properties or a proposed way shown on a plat approved
by all appropriate official agencies, including the Village of Bath
Planning Board, and/or recorded in the office of the Steuben County
Clerk.
The dividing line between the street and lot; also known
as the "right-of-way line."
The width of the right-of-way or the distance between the
property lines on opposite sides of the street.
A static arrangement of building materials having form and
substance, including buildings, houses, garages, platforms, towers,
fences, gasoline pumps, manufactured homes, sheds, storage trailers,
swimming pools (both inground and aboveground), display stands, signs,
billboards and the like.
[Amended 4-25-1988 by L.L. No. 1-1988; 3-4-1991 by L.L. No.
1-1991]
An area of land divided by owners or agents, either by lots
or by metes and bounds, into lots or parcels, two or more in number,
for the purpose of conveyance, transfer, improvement or sale of one
or more.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. The term does not, however, include either any project for
improvement of a structure to comply with existing state or local
health, sanitary or safety codes specifications which are solely necessary
to assure safe living conditions or any alteration of a structure
listed on the National Register of Historic Places or a state inventory
of historic places.
Any man-made receptacle, structure, excavation or depression,
except farm or agricultural ponds, which is able to retain water to
a depth at any point of more than 18 inches and which has a surface
area of greater than 100 square feet and is designed or intended for
the purpose of immersion or partial immersion therein of human beings
and includes all pertinent equipment and structures.
A building consisting of a series of single-family attached
dwelling units having common party walls between each dwelling unit.
(See also "building, semidetached.")
This term is employed in referring to:
A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from 30 inches
above the general ground level of the graded lot upward; provided,
however, that fences, walls, poles, posts and other customary yard
accessories, ornaments and furniture may be permitted in any yard,
subject to height limitations and requirements limiting obstruction
of visibility.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines. In the case of through lots and corner
lots, there will be no rear yards.
A yard situated between the building and the side line of
a lot and extending from the rear line of the front yard to the front
line of the rear yard.
[1]
Editor's Note: The former definition of "cannabis business,"
added 8-21-2023 by L.L. No. 3-2023, which immediately followed, was
repealed 12-18-2023 by L.L. No. 4-2023.
[2]
Editor's Note: This local law also repealed the definitions
of "mobile home" and "mobile home park or mobile home subdivision,"
which immediately followed this definition.
