Certain terms or words used herein shall be
interpreted as follows:
A.Â
Words used in the present tense shall include the
future. The singular number includes the plural, and the plural, the
singular.
B.Â
The word "person" means any individual, public or private corporation
for profit or not for profit, association, partnership, limited liability
company, limited liability partnership, firm, trust, estate, and any
other legal entity whatsoever which is recognized by law as the subject
of rights and duties.
[Amended 2-5-2013 by L.L. No. 1-2013]
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The word "building" includes the word "structure."
E.Â
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "built, arranged
or designed to be used or occupied."
F.Â
The word "shall" is mandatory.
G.Â
From and after the effective date of Oxford Local Law No. 1 of the
Year 2013, the words "special exception," "Special exception," and
"Special Exception" are hereby deleted everywhere they appear in this
chapter, and the words "special permit," "Special permit," and "Special
Permit" are hereby respectively substituted therefor.
[Added 2-5-2013 by L.L. No. 1-2013]
Except where specifically defined or otherwise
specifically provided herein, all words used in this chapter shall
carry their customary dictionary meanings. Where the precise meaning
of a word is in doubt by any board or official, the Board of Appeals
shall make a determination in accordance with the purpose and intent
of this chapter and the Comprehensive Plan. For purposes of this chapter,
unless otherwise specifically provided, the following terms and words
shall have the meanings set forth below: [Amended 2-5-2013 by
L.L. No. 1-2013]
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A service way which affords a secondary public means of vehicular
access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the entrance and exit facilities or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
Such term shall include any place of storage or deposit for any such
purpose of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, the term "junkyard" shall not be construed to mean an establishment
having facilities for processing iron, steel or nonferrous scrap and
whose principal produce is scrap iron, steel or nonferrous scrap for
sale for remelting purposes.
The dismantling or disassembling of used motor vehicles or
the storage, sale, salvaging or dumping of dismantled, partially dismantled,
obsolete or wrecked motor vehicles or their parts. As used herein,
the term "vehicle" shall mean passenger-type automobile, truck, tractor-truck,
trailer, bus, motorcycle, snowmobile or other vehicle, however propelled,
as well as tractors, bulldozers, machinery and similar equipment.
A building or portion thereof, the use of which is devoted
to the washing of automobiles, including but not limited to one of
the following types:
CONVEYOR TYPEAn auto wash facility where automobiles progress through the washing process pulled by an electrically operated chain conveyor or by some means other than their own power.
DRIVE-THROUGH TYPEAn auto wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE TYPEAn auto wash facility where automobiles are washed by the drivers of the automobiles using machinery provided by the manager of the facility.
A space of full story height partly below grade and having
at least half of its clear floor-to-ceiling height above the average
grade of the adjoining ground, and which is not designed or used primarily
for year-round living accommodations.
A residence where overnight guests are lodged for hire. The
residence shall be occupied by the owner, who shall be permitted to
provide breakfast to the overnight guests. A home occupation may be
contained within a "bed-and-breakfast" and may include other amenities
such as an antique shop, a craft shop or a tearoom.
[Added 9-6-1994 by L.L. No. 3-1994]
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Village.
[Added 2-5-2013 by L.L. No. 1-2013]
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a "building" is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate "building."
The total ground floor area of a principal building and accessory
buildings, exclusive of uncovered porches, parapets, steps and terraces.
That area of the lot or plot covered by a building.
A building surrounded by open space on all sides on the same
lot.
A line established by law or by agreement, usually parallel
with a property line, beyond which a structure may not extend.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential occupancy and the area of bays,
dormers, roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
The vertical distance, measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which the main use of the lot is conducted.
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.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the terms "commercial,"
"commercial uses," or any variation thereof, be construed to mean,
be, include, or authorize any land application facility, natural gas
and/or petroleum exploration activities, natural gas and/or petroleum
extraction activities, natural gas and/or petroleum exploration, extraction
or production wastes disposal/storage facility, natural gas and/or
petroleum exploration, extraction or production wastes dump, natural
gas compression facility, natural gas processing facility, underground
injection, or underground storage of natural gas.
[Added 2-5-2013 by L.L. No. 1-2013]
Any document, styled comprehensive or master plan or otherwise,
adopted by the Village Board for the protection, enhancement, growth,
and development of the Village, immediate as well as long-range, specifically
pursuant to § 7-722 of the New York State Village Law, together
with all other materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, adopted by the Village Board, that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments
for the protection, enhancement, growth and development of the Village,
immediate as well as long-range, as the same may from time to time
be amended, updated, and supplemented, including without limitation
by planning policy statements, goals, and standards adopted by the
Village Board.
[Added 2-5-2013 by L.L. No. 1-2013]
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages to persons in automobiles, including
those establishments where customers may serve themselves and may
eat or drink the food, refreshments or beverages on the premises.
A plot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means or for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A detached building, other than a trailer or other temporary
structure, designed for exclusive year-round occupancy by one family
only.
A detached building, other than a trailer or other temporary
structure, designed for exclusive year-round occupancy by two families
living independently of each other.
A building or group of buildings designed for year-round
occupancy by more than two families, including apartment houses and
group houses, but excluding hotels and rooming houses.
One or more rooms with provision for living, sanitary and
sleeping facilities arranged for the use of one or more persons living
as a single housekeeping unit. A factory-finished living unit delivered
to the owner's lot in sections and capable of complying with all applicable
local and state building codes shall be deemed to be a "dwelling unit."
One or more persons related by blood or marriage or other
recognized family relationship maintaining a common household.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
A building or part thereof operated for gain and used for
the storage, hiring, selling, greasing, washing, servicing or repair
of motor-driven vehicles.
A building or part thereof used only for the storage of vehicles
for gain and at which automobile fuels and oils are not sold and motor-driven
vehicles are not equipped, repaired, hired or sold.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof. The term "gasoline station"
shall be deemed to include "filling station" and "service station."
Any use customarily conducted entirely within a dwelling
or its accessory buildings and carried on only by the inhabitants
thereof, which use is clearly incidental to the use of the dwelling
as a place of residence, and not more than 25% of the floor area of
the dwelling unit shall be used in the conduct of the "home occupation,"
and further provided that no article is sold or offered for sale except
as may be produced by the immediate family residing therein. In particular,
a "home occupation" includes but is not limited to the following:
professional office of a physician, dentist, lawyer, engineer, architect
and similar professions; antique shop; art or photographic studio;
dressmaker or seamstress; a tearoom associated with a bed-and-breakfast;
teaching of musical instruments limited to one pupil at a time; and
a barber- or beauty shop operated only by a resident of the premises
and in which no nonresidents are employed or engaged. However, a "home
occupation" shall not be interpreted to include a barbershop or beauty
parlor or other use in which nonresidents of the premises are employed
or engaged; commercial stable or kennel; restaurant; boardinghouse;
animal hospital; convalescent home; mortuary establishment; and stores,
trades or businesses of any kind not herein excepted.
[Amended 12-11-1990 by L.L. No. 5-1990; 9-6-1994 by L.L. No. 3-1994]
A building or structure for diagnosis and medical or surgical
care of human sickness or injuries.
A building or structure for the diagnosis and medical or
surgical care of sick or injured animals.
A building or group of buildings where transient guests are
lodged for hire, but excluding rooming houses.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the terms "industrial,"
"industrial establishment," "industrial facilities," "industrial uses,"
"industry," or any variation thereof contained in this chapter be
construed to mean, be, include, or authorize any land application
facility, natural gas and/or petroleum exploration activities, natural
gas and/or petroleum extraction activities, natural gas and/or petroleum
exploration, extraction or production waste disposal/storage facility,
natural gas and/or petroleum exploration, extraction or production
wastes dump, natural gas compression facility, natural gas processing
facility, underground injection, or underground storage of natural
gas.
[Added 2-5-2013 by L.L. No. 1-2013]
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension of the hole, through which fluids
(which may or may not include semisolids) are injected into the subsurface
and less than 90% of such fluids return to the surface within a period
of 90 days.
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of wastepaper, rags, scrap metals, used or salvaged
building materials or other discarded material or for the collecting,
dismantling, storage and salvaging of machinery or vehicles and for
the sale of the parts thereof.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
[Added 2-5-2013 by L.L. No. 1-2013]
A business premises equipped with individual clothes washing
or cleaning machines for use by retail customers, exclusive of laundry
facilities provided in an apartment, fraternity, sorority, residential
hotel or club.
A parcel of land considered as a unit, occupied or capable
of being occupied by a building or use and accessory buildings or
uses, or by a group of buildings united by a common use or interest,
and including such open spaces as are required by this chapter, and
having its principal frontage on a public street or an officially
approved place.
The total area included within lot lines. No part of the
area within a public right-of-way may be included in the computation
of "lot area."
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property lines bounding the lot.
FRONT LOT LINEThe lot line separating the lot from the street right-of-way.
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
A lot having frontage on two approximately parallel or converging
streets, excluding Route 12 other than a corner lot.
[Amended 3-29-1976 by L.L. No. 1-1976]
The distance between side lot lines, measured parallel to
the front lot line at a distance from the front lot line equal to
the front yard specified for the district.
Notwithstanding any provision hereof to the contrary, for
purposes of this chapter in no event shall the terms "manufacturing,"
"manufacturing facilities," "manufacturing uses," or any variation
thereof contained in this chapter be construed to mean, be, include,
or authorize any land application facility, natural gas and/or petroleum
exploration activities, natural gas and/or petroleum extraction activities,
natural gas and/or petroleum exploration, extraction or production
waste disposal/storage facility, natural gas and/or petroleum exploration,
extraction or production wastes dump, natural gas compression facility,
natural gas processing facility, underground injection, or underground
storage of natural gas.
[Added 2-5-2013 by L.L. No. 1-2013]
A building or structure in which diagnosis and medical or
surgical care of human sickness or injuries is provided on an outpatient
basis only.
[Added 10-3-1991 by L.L. No. 5-1991]
A detached mobile dwelling unit designed for transportation,
after fabrication, on streets or highways, on its own wheels or on
a flatbed or other trailer, and arriving at the site where it is to
be occupied as a dwelling complete and ready for occupancy except
for minor and incidental assembly operations, location on permanent
foundation, connections to utilities and the like. A travel trailer
is not to be considered as a "mobile home."
A parcel of land which has been planned and improved for
the placement of two or more mobile homes for nontransient use. The
term shall include "mobile home court," "mobile home park" or other
area planned and/or improved for two or more mobile homes.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 2-5-2013 by L.L. No. 1-2013]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 2-5-2013 by L.L. No. 1-2013]
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Below-regulatory concern radioactive material, or any radioactive
material which is not below-regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Village, whether naturally occurring or
otherwise, in any case relating to, arising in connection with, or
produced by or incidental to the exploration for, the extraction or
production of, or the processing, treatment, or transportation of,
natural gas, petroleum, or any related hydrocarbons;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b).
Any of the following:
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
[Added 2-5-2013 by L.L. No. 1-2013]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
[Added 2-5-2013 by L.L. No. 1-2013]
Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
[Added 2-5-2013 by L.L. No. 1-2013]
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
[Added 2-5-2013 by L.L. No. 1-2013]
Use of a building or of land that does not conform with the
regulations for the district in which it is situated.
Any zone lot in single ownership where the owner of said
lot does not own any adjoining property the subdivision of which could
create one or more conforming lots, which does not conform with the
minimum area and/or dimensions required in the district in which it
is situated or for any special use as the case may be.
A proprietary facility, licensed or regulated by the State
of New York for the accommodation of convalescents or other persons
who are not acutely ill and not in need of hospital care but who require
skilled nursing care and related medical services which are prescribed
by or performed under the direction of a person or persons licensed
to provide such care or services in accordance with the laws of the
State of New York.
Facilities for the daytime care or instruction of two or
more children from two to five years of age, inclusive, and operated
on a regular basis.
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 thereto.
A tract of land in single ownership, or controlled by an
individual, partnership, cooperative or corporation, designed or capable
of being designed and used as a unit or group of related units and
having certain facilities in common such as yards, open space, recreation
areas, garages or parking areas. A planned development district may
be residential, commercial, manufacturing, recreational or a combination
of such uses.
[Amended 2-5-2013 by L.L. No. 1-2013]
An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
station, structure, or use is a facility, structure, or use which
is operated by a public utility, and which provides electric, gas,
steam, CATV, telephone or other communication service, water or sewerage
directly to the general public. Notwithstanding any provision hereof
to the contrary, for purposes of this chapter in no event shall the
terms "public utility," "public utility station," or any variation
thereof contained in this chapter be construed to mean, be, include,
or authorize a natural gas compression facility, or a natural gas
processing facility.
[Added 2-5-2013 by L.L. No. 1-2013]
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
[Added 2-5-2013 by L.L. No. 1-2013]
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radioactive material),
but only if such naturally occurring material has been moved from
its naturally occurring location through a mechanical or other man-made
process. All such material is "radioactive material" for purposes
hereof, whether or not it is otherwise exempt from licensing and regulatory
control pursuant to the New York State Department of Labor, the United
States Nuclear Regulatory Commission, the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of Transportation, or any other regulatory agency.
[Added 2-5-2013 by L.L. No. 1-2013]
Any device affixed to or painted or represented directly
or indirectly upon a building, structure or land and which directs
attention to an object, product, place, activity, person, institution,
organization or business, but not including any flag, badge or insignia
of any government or government agency, school or religious group
or of any civic, charitable, religious, patriotic, fraternal or similar
organization nor any official traffic control device. Each display
surface shall be considered to be a "sign."
A sign which directs attention to a business, commodity,
service or entertainment sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed and only incidentally
on the premises, if at all.
A sign which directs attention to a business or profession
conducted or a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
A "for sale" or "to let" sign relating to the lot on which it is displayed
shall be deemed to be a "business sign."
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color when such
sign is in use. For the purpose of this chapter, any revolving illuminated
sign shall be considered a "flashing sign."
A use that because of its unique characteristics requires individual consideration through a procedure of review by the Board of Appeals, in order to determine whether a special use permit should be granted, conditionally granted, or denied in accordance with § 293-46 of this chapter.
[Added 2-5-2013 by L.L. No. 1-2013[1]]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story and having a floor area at least half as large as the floor
below. Space with less than five feet clear headroom shall not be
considered as floor area.
A public or private way which affords the principal means
of access to abutting property.
Anything constructed or erected the use of which requires
location on the ground or attachment to something having location
on the ground.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
Below the surface of the earth, or of a body of water, as
the context may require.
[Added 2-5-2013 by L.L. No. 1-2013[2]]
A mobile unit designed and built for camping, recreational
travel or vacation use which is equipped to provide portable housing,
including temporary facilities.
An area occupied or designed for occupancy by two or more
travel trailers.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 2-5-2013 by L.L. No. 1-2013]
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location, whether for the purpose of load balancing the production
of natural gas or for any other reason, including without limitation
short-term, long-term, or intermittent storage for product quality,
processing, or transportation purposes, or because of market conditions.
Without limitation, this term includes compression and dehydration
facilities, and associated pipelines.
[Added 2-5-2013 by L.L. No. 1-2013]
An area variance or a use variance, as the context may admit.
[Amended 2-5-2013 by L.L. No. 1-2013]
The authorization by the Board of Appeals for the use of
land in a manner that is not allowed by the dimensional requirements
of the applicable zoning regulations.
[Added 2-5-2013 by L.L. No. 1-2013]
The authorization by the Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 2-5-2013 by L.L. No. 1-2013]
The Village Board of Trustees of the Village of Oxford, New
York.
[Added 2-5-2013 by L.L. No. 1-2013]
An open space extending across the principal street side
of a lot measured between the side yard lines, the depth of which
yard is the minimum horizontal distance between the street line and
the main building or any projection thereof other than steps and unenclosed
balconies, not extending more than eight feet from the front of the
building, except as otherwise provided in this chapter.
An open space extending across the rear of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or
any projection thereof other than steps and unenclosed balconies not
extending more than eight feet from the rear of the building, except
as otherwise provided in this chapter. On both corner and interior
lots, the "rear yard" shall in all cases be at the opposite end of
the lot from the front yard.
An open space from the front yard to the rear yard between
the building and the nearest side lot line unoccupied and unobstructed
from the ground upward, except for steps and as otherwise specified
in this chapter.
