Village of Washingtonville, NY Article I General Provisions

§ 175-1 Title.

[Amended 5-8-1995 by L.L. No. 5-1995]

A. The title of the Zoning Ordinance of 1928 of the Village of Washingtonville, New York, as amended, is hereby amended to read as follows:

"A Law Regulating and Restricting the Height, Number of Stories and Size of Buildings and Other Structures, the Percentage of Lot That May Be Occupied, the Size of Yards, Courts and Other Open Spaces, the Density of Population and the Location and Use of Buildings, Structures and Land for Trade, Industry, Residence or Other Purposes, in the Village of Washingtonville, and for Said Purposes Dividing the Village Into Districts and Providing Fines and Penalties for the Violation of Its Provisions."

B. Short title. This chapter shall be known and may be cited as the "Village of Washingtonville Zoning Law of 1962."

§ 175-2 Purpose; objectives.

[Amended 5-8-1995 by L.L. No. 5-1995]

This zoning chapter is adopted pursuant to the Village Law of the State of New York, Chapter 63, Article 7 of Consolidated Laws, and the amendments thereof and supplements thereto, for the purpose of promoting the public health, safety, morals or the general welfare of the community and in furtherance of the following related and more specific objectives:

A. To guide and regulate the orderly growth, development and redevelopment of the Village of Washingtonville, in accordance with a Comprehensive Plan of long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.

B. To protect the established character and the social and economic well-being of both private and public property.

C. To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate.

D. To secure safety from fire, panic and other dangers and to provide adequate light, air and convenience of access.

E. To prevent overcrowding of land or buildings and to avoid undue concentration of population.

F. To lessen and, where possible, to prevent traffic congestion on public streets and highways.

G. To conserve the value of buildings and to enhance the value of land throughout the village.

§ 175-3 Word usage; definitions.

Certain words and terms are used in this zoning chapter for the purposes hereof and are defined as follows.

A. Scope and meaning of certain words and terms.

(1) Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural the singular.

(2) The word "person" includes a profit or nonprofit corporation, company, partnership or individual.

(3) The word "shall" is mandatory and not directory; the word "may" is permissive.

(4) The word "lot" includes the word "plot."

(5) The word "structure" includes the word "building."

(6) The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

B. Definitions of terms. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE OR BUILDING

A subordinate use or building customarily incidental to the main use or building. The term "accessory building" may include a private garage, garden shed or barn, a private playhouse and a private greenhouse.

ACTIVE ADULT USE

The use of a building, a portion of a building, or land for any adult use that is not a passive adult use, as defined herein, including but not limited to an adult entertainment cabaret, adult motel/hotel, adult theater, massage establishment, peep show or similar adult use, generally of such nature as to result in customers congregating in or about the use.

[Added 12-1-1997 by L.L. No. 5-1997]

ADULT USE

The use of any building, structure or land, or portion thereof, for any purpose involving activities that are not open to the public generally but exclude, or are required by law to exclude, any minor by reason of age, including but not limited to, the establishments defined below:

[Added 12-1-1997 by L.L. No. 5-1997]

(1)

ADULT BOOKSTORE OR VIDEO STORE

— An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, photographs, slides and/or video tapes, of which establishment a substantial portion is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age. In determining whether a substantial portion of such establishment or stock is devoted to such materials or use, the following factors shall be considered:

(a) The proportion of floor area allocated to such use that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age;

(b) The proportion of such materials maintained in space that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age; and

(c) The total amount of floor space allocated to use that is not available to the general public but which is restricted by reason of age.

(2)

ADULT ENTERTAINMENT CABARET

— A public or private establishment which presents topless or nude dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.

(3)

ADULT MOTEL/HOTEL

— A motel/hotel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude, or be required by law to exclude, any minor by reason of age.

(4)

ADULT THEATER

— A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.

(5)

MASSAGE ESTABLISHMENT

— Any establishment having a fixed place of business where massages are administered, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the lawfully established office of a duly licensed health-care professional, such as a physician, surgeon, chiropractor, osteopath or physical therapist, or barbershops 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 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.

(6)

PEEP SHOWS

— The use of a building or a portion of a building to present material in the form of live shows, films or videotapes viewed from an individual room or similar enclosure which is not open to the public generally and which excludes, or is required by law to exclude, any minor by reason of age.

APARTMENT HOUSE

See "multiple dwelling."

Editor's Note: The former definition of "awning," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average finished grade level of the ground immediately adjacent to the building.

BED-AND-BREAKFAST INN

An establishment in a private owner-occupied dwelling, which establishment offers rooms for occupancy on a transient basis in exchange for a fee.

[Added 12-2-1991 by L.L. No. 14-1991]

Editor's Note: The former definition of "billboard," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

BLOCK

A tract of land or a lot or group of lots, bounded by streets, public parks or parkways, railroad rights-of-way, watercourse or body of water, unsubdivided land or a boundary line or lines of the Village of Washingtonville, or any combination thereof.

BLOCK FRONTAGE

That portion of a block which abuts a single street.

BOARD

The Board of Appeals of the Village of Washingtonville, New York, unless otherwise stipulated or indicated by reference.

BOARDING- OR LODGING HOUSE

A private dwelling in which at least two but not more than six rooms are offered for rent, payable in money and/or other consideration, whether or not table board is furnished to lodgers, and in which transients are accommodated and no public restaurant is maintained.

BUILDING

A structure constructed or erected on the ground, with a roof supported by columns or walls. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate "buildings."

BUILDING, AREA OF

The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive and including the area of accessory buildings if any. In the case of split-level dwellings, the first floor area shall be deemed to include floor areas on two non-overlapping levels, separated by a half-story, more or less, of height.

Editor's Note: The former definition of "building face," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

BUSINESS CENTER DEVELOPMENT

A tract of land, buildings or structures planned as a whole and intended for one or more establishments for a commercial purpose on a site, whether built at one time as a unit or in two or more construction stages.

CELLAR

A space having more than 1/2 its height below the average curb level of the street abutting the front of the lot or below the average finished grade level of the ground immediately adjacent to the building. A "cellar" shall not be counted as a story.

CHILD DAY-CARE CENTER

Premises on which child day care is provided on a regular basis to more than six children from age six weeks through 12 years for more than three hours but less than 24 hours per day per child, for compensation or otherwise, where such care is provided on a regular basis by a person other than the parent, stepparent, guardian or relative of the child. A child day-care center shall have a license issued by New York State and shall not be a residence.

[Added 6-14-1999 by L.L. No. 5-1999]

COURT

A space either on the ground or above, excepting a main roof, situated on the same lot with a building and which is unoccupied and open to the sky, and not a front yard, side yard or rear yard.

COURT, DEPTH OF

The maximum horizontal dimension at right angles to the width.

COURT, HEIGHT OF

The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER

Any court which is not an outer court.

COURT, OUTER

Any court extending to a street, front yard or rear yard.

COURT, WIDTH OF

The horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.

CUSTOM WORK, SHOP FOR (SEE ALSO "WORKSHOP")

A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of ready-to-wear or standardized products.

DUMP

A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING

A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

DWELLING, TWO-FAMILY

A building arranged, intended or designed to be occupied by no more than two families living independently of each other as separate housekeeping units.

[Added 5-8-1995 by L.L. No. 4-1995; amended 5-8-1995 by L.L. No. 5-1995]

DWELLING UNIT

One or more rooms with provision for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

FAMILY

One or more persons living as a single housekeeping unit and using cooking facilities and certain rooms in common as a nonprofit household. A "family" shall not be deemed to include the occupants of a boarding- or rooming house, a residential club or a hotel.

FILLING STATION

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering services such as lubrication, washing and minor repairs with hand tools.

GARAGE

A building or part thereof used for the storage or parking of one or more motor vehicles.

GARAGE, PRIVATE

An accessory garage maintained primarily for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered to the general public.

GARAGE, PUBLIC

Any garage other than a private garage. A "public garage" may include filling station and service station facilities.

Editor's Note: The former definitions of "generic signs" and "ground or freestanding signs," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, were repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

HABITABLE ROOM

A room having one or more windows opening directly on a street or yard as required by the Building Code of the village

Editor's Note: See Ch. 56, Building Construction and Fire Prevention.

and designated to be used for living, sleeping, eating or cooking. The following shall not be deemed to be "habitable rooms": bathrooms, toilet compartments, closets, halls, alcoves, foyers, garages, storage areas and other similar spaces.

Editor's Note: The former definition of "hanging sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

HEIGHT OF A STRUCTURE

The vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure listed in § 175-83.

HOME OCCUPATION

A customary personal service occupation such as dressmaking, millinery and home cooking; provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of 1/2 of the area of one floor shall be used for such purposes, that no display of advertising other than an announcement sign and no display of products made shall be visible from the street, that no stock-in-trade shall be kept and that no mechanical or electrical equipment is used except customary household equipment. Beauty parlors, barbershops and hairdressing and manicuring establishments shall not be deemed to be "home occupations."

HOME PROFESSIONAL OFFICE (see "professional office in residential building")

The office or studio of a resident physician, surgeon, dentist, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as herein restricted, provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a commercial biological or other commercial medical testing laboratory. This shall not be deemed to exclude a testing laboratory incidental to the resident physician's own practice.

HOSPITAL

A building used for the diagnosis, treatment or other care of human ailments. A "hospital" shall be deemed to include a sanitarium, sanatorium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.

HOTEL

A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation.

HOUSE TRAILER

A movable single-family dwelling equipped with a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."

Editor's Note: The former definition of "illuminated sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

INDUSTRY, NONNUISANCE

Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards and which does not include any open storage yard or outdoor processing of materials.

Editor's Note: The former definition of "interior sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

JUNKYARD

A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

LIMITED ACCESS ROAD

A high-speed thoroughfare to which access or from which egress is limited to ramps or signaled intersections.

[Added 8-7-1989 by L.L. No. 8-1989]

LOT

A parcel of land used or designed to be used by one use or structure, or by a related group of uses or structures, and the accessory uses or structures customarily incident thereto, including such open spaces as are arranged or designed and required in connection with such structure or group of structures. A "lot" may be or may not be the land shown as a single lot on a duly recorded plat or other official record.

LOT AREA

The total horizontal area included within lot lines.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE

The percentage of the lot area that is occupied by the area of building.

LOT, INTERIOR

Any lot other than a corner lot.

LOT LINE

Any boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed a side lot line.

LOT LINE, FRONT

The street line at the front of a lot. On a corner lot, the owner may specify the "front lot line" on the plot plan.

LOT LINE, REAR

The lot line opposite to the front lot line.

LOT, THROUGH

A lot extending from one street to another.

LOT, WIDTH OF

The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.

MAIN USE OR BUILDING

The principal or most important use or building on a lot.

Editor's Note: The former definition of "marquee sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

MEMBERSHIP CLUB

A building, structure, lot or land area used as a private club or social organization not conducted for profit or gain.

MOBILE HOME

A movable single-family dwelling equipped with a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."

MOBILE HOME COURT

A residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.

MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT

A use of land and improvements for the purpose of displaying, storing and renting or selling mobile homes or house trailers but not including provision for mechanical or other services for these dwelling units.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include mobile or immobile trailers.

MULTIPLE DWELLING

A building arranged, intended or designed to be occupied by two or more families living independently of each other as separate housekeeping units.

NONCONFORMING STRUCTURE

A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING USE

Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the use regulations of this chapter for the district in which it is situated.

Editor's Note: The former definition of "objective requirements," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING SPACE

A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area with a minimum width of nine feet and a minimum length of 20 feet.

PASSIVE ADULT USE

The use of a building, a portion of a building, or land for the sale or rental for use off-site of films, videotapes or other materials displayed in an area that is not open to the public generally and/or from which area the owner or operator of the use excludes, or is required by law to exclude, any minor by reason of age.

[Added 12-1-1997 by L.L. No. 5-1997]

PERSON

Any person, firm, corporation, partnership, association, company, institution or any other legal entity, or any combination thereof.

[Added 8-7-1989 by L.L. No. 8-1989]

PLANNING BOARD

The Planning Board of the Village of Washingtonville, New York.

PROFESSIONAL OFFICE IN A RESIDENTIAL BUILDING (SEE "HOME PROFESSIONAL OFFICE")

The office or studio of a nonresident physician, surgeon, dentist, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as otherwise restricted in the definition of "home professional office."

PUBLIC NOTICE

Notice of the time and place of a hearing, meeting or proceeding printed in the official newspaper of the Village of Washingtonville, New York, at least 10 days prior to the time of such hearing, meeting or proceeding, unless otherwise provided by law.

REAR DWELLING

A dwelling located on the same lot and to the rear of the main building for which the lot is used.

RECREATIONAL FACILITIES AND COMMUNITY BUILDING, NONCOMMERCIAL

Any structure or recreational amenity and accessory equipment pertaining thereto, the use of which is intended for residents of a condominium and/or homeowners' association development. Such "facilities" may include but not be limited to tennis courts, handball courts, basketball courts, other outdoor recreational facilities, community building containing meeting and/or recreational rooms therein. Such "noncommercial recreational facilities and community building" shall not be operated for gain and shall be located on a site only as an accessory use to the dwelling units constructed thereon.

[Added 11-19-1973 by L.L. No. 4-1973]

RESEARCH INSTITUTE OR LABORATORY

A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products. A "research institute or laboratory" shall not be detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot or by reason of generating excessive traffic.

Editor's Note: The former definition of "roof sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

SAND OR GRAVEL PIT

A lot or land or part thereof used for the purpose of extracting sand, gravel, soil or sod for sale, as an industrial operation, and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.

SANITARY PLANT, COMMUNITY

The sewage disposal plant designed to service integrally planned residential developments, in compliance with New York State Health Department regulations.

SENSITIVE USE

The use of a parcel of land for certain uses determined to be particularly susceptible to the secondary impacts of adult uses by their nature, such as existing residential dwellings, a public or private school, church or other place of religious worship, daycare use, park, existing playground or recreational facility open to the general public.

[Added 12-1-1997 by L.L. No. 5-1997]

SERVICE STATION

A building or lot or part thereof devoted primarily to repairs, servicing, washing or reconditioning of motor vehicles.

SIGN

(Definitions relating to signs and the regulation of signs are set forth in § 175-93.)

[Added 8-7-1989 by L.L. No. 8-1989; amended 2-20-1996 by L.L. No. 1-1996]

Editor's Note: The former definitions of "sign area" (as added 8-7-1989 by L.L. No. 8-1989), "advertising sign" and "business sign," which immediately followed this definition, were repealed 2-20-1996 by L.L. No. 1-1996.

SPECIAL EXCEPTION USE

A use in one or more districts for which the Planning Board may grant a permit, pursuant to the provisions of § 175-126.

[Amended 1-23-1995 by L.L. No. 1-1995]

STORY

That portion of a building included between the upper surface of any floor other than a cellar floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above.

STORY, HALF

A space under a sloping roof, which has the line of intersection of the interior faces of the roof structure and main building wall not more than three feet above the top floor level and in which space the floor area with a headroom of five feet or more occupies at least 60% of the total area of the story directly beneath.

STREET

Any road, highway, avenue, street, parkway, lane or other way, public or private, set aside and commonly used by the public for street purposes and shown upon the village map or upon a filed plat.

STREET LINE

The dividing line between a lot and a street.

STRUCTURE

Anything constructed or erected on or under the ground or upon another structure or building.

SWIMMING POOL, NONCOMMERCIAL

Any constructed body of water or structure to contain water, and any accessory equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such "noncommercial swimming pool" shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings, hotel, motel or membership club thereon.

Editor's Note: The former definition of "temporary sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

TOURIST HOME

A boarding- or lodging house in which rooms are rented primarily to transient automobile travelers.

Editor's Note: The former definition of "townhouse dwelling," as added 11-19-1973 by L.L. No. 4-1973 and which immediately followed this definition, was repealed 1-4-1999 by L.L. No. 1-1999.

USABLE OPEN SPACE

That portion of the unbuilt area of a lot, exclusive of driveways and parking areas, which is suitable for outdoor recreation and sitting areas or for clothes-drying yards and which is available to all occupants of the building.

VARIANCE

A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardships, not self-imposed, pursuant to the provisions of § 175-127.

Editor's Note: The former definition of "wall sign," as added 8-7-1989 by L.L. No. 8-1989 and which immediately followed this definition, was repealed 2-20-1996 by L.L. No. 1-1996. See now § 175-93.

WATER PLANT, COMMUNITY

A water system facility designed to service integrally planned residential developments, in compliance with New York State Health Department regulations.

WORKSHOP (SEE ALSO "CUSTOM WORK, SHOP FOR")

A business or commercial premises used for the making of clothing, millinery, shoes or other personal articles or performance of a trade or repair work which is not detrimental to adjoining properties by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot.

YARD, FRONT

An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.

YARD, REAR

A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot and extending from side lot line to side lot line.

YARD, SIDE

An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot and extending through from the front yard or from the front lot line where no front yard exists to the rear yard.

§ 175-4 Applicability.

A. Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used, except in conformity with the use regulations herein prescribed. Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use, except that uses granted as special exception uses by the Board of Appeals pursuant to § 175-126 shall be deemed conforming uses to the extent of the grant. Use variances granted by the Board of Appeals pursuant to § 175-127 shall be deemed nonconforming uses.

B. Except as hereinafter provided, no building or structure or part thereof shall hereafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, court, coverage, height and density regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the "building regulations of this chapter," shall be deemed a nonconforming structure, irrespective of the use to which it is put. Building variances granted by the Board of Appeals pursuant to § 175-127 on grounds of practical difficulties or unnecessary hardship, not self-imposed, shall be deemed nonconforming structures.

C. Any legally established existing use of a building or structure, lot or land or part thereof, which use constitutes a conforming use under the provisions of this chapter, may be continued.

D. Any use of a building, structure, lot or land not listed as a permitted use, accessory use or special exception use within a particular zoning district is prohibited.

[Amended 5-8-1995 by L.L. No. 5-1995]