Definitions. For the purpose of this chapter, certain words and terms
used herein are defined as follows:
ACCESSORY USE
A use which is customarily incidental and subordinate to
the principal use on a lot, and located on the same lot therewith.
ALTER
To change or rearrange the structural parts or the exit facilities
of a structure, or to move a building from one location to another.
ANIMAL SHELTER
A dog kennel, stable and similar uses oriented to the care
of animals, whether commercial, nonprofit or private, not including
agricultural uses such as dairy or beef cattle farms.
[Added 9-25-1989 by L.L. No. 1-1989]
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
BASEMENT
That portion of a building wholly or partly underground,
which extends no more than four feet above the adjoining finished
grade. The word "basement" includes the word "cellar."
BOARDINGHOUSE
A dwelling occupied by one family with no more than two boarders,
roomers or lodgers in the same household, who are lodged with or without
meals, and in which there are provided such services as are incidental
to its use as a temporary residence for part of the occupants. The
term "boardinghouse" shall include "rooming house" for the purpose
of this chapter.
BUFFER STRIP
A continuous strip of trees and/or shrubs not less than 10
feet in depth and not less than six feet in height, densely planted
to provide a physical screen preventing visual access from one use
to another and to reduce the escape and/or intrusion of litter, fumes,
dust, smoke, noise or other noxious or objectionable elements.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
machinery or equipment.
BUILDING, ACCESSORY
A subordinate building, subordinate to the main building
on the lot and used for purposes customarily incidental to that of
said main building.
BUILDING HEIGHT
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 deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LENGTH
The least horizontal distance between the furthermost walls
of a building, including any carport and porches.
BUILDING, MAIN
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING, TEMPORARY
A "temporary building" or "temporary structure" is one erected,
constructed or placed upon the premises, to exist there for a brief
or temporary duration of time, not exceeding nine months. All other
buildings or structures shall be deemed and considered as permanent
for the purposes of this chapter.
CAMP
Any one or more of the following, other than a hospital,
place of detention or school, offering general instruction:
(1)
TYPE 1Any area of land or water on which are located two or more cabins, tents, trailers, shelters, households or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
(2)
TYPE 2Any land, including any building thereon, used for any assembly of persons for which is commonly known as "day camp" purposes, and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
CAMPSITE
Any land on which are located two or more recreational vehicles
or other accommodations, excluding mobile homes, suitable for transient
or temporary living purposes for overnight, weekend or longer periods
of camping.
CAR WASH
See "gas station."
[Added 5-11-2017 by L.L.
No. 3-2017]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning 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 chapter only and such adjustments thereto granted by the Board
of Appeals.
CLUB, MEMBERSHIP
A group of persons organized in accordance with the Not-For-Profit
Corporation Law. (Example: fish and game clubs.)
CONTRACTOR'S YARD
Businesses engaged in construction of buildings and structures,
remodeling and repairs to existing buildings and structures, electrical
services, plumbing services, excavation and grading services, roofing
and siding services, masonry services, paving services, well drilling,
sewage disposal system installation and services, and other similar
services.
[Added 5-11-2017 by L.L.
No. 3-2017]
COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
DEVELOPMENT
Any man-made changes 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.
DRIVE-IN BUSINESS
A drive-in business includes drive-in restaurants, refreshment
stands, banks, drugstores, and the like where patrons enter the premises
and are served or entertained in automobiles.
[Added 5-11-2017 by L.L.
No. 3-2017]
DWELLING
A detached building designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include automobile court, motel, boarding or rooming house, mobile
house trailer, tourist home or tent.
[Amended 8-8-1996]
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EARTH-SHELTERED HOUSE
(1)
A structure which utilizes earth to shelter the structure from
extreme fluctuations in temperature, wind and air infiltration. The
structure may be completely below the original grade, totally above
the original grade with earth bermed around the exterior walls or
partially below and partially above the original grade, such as with
placement in the side of a hill. An earth-sheltered house must provide
at least two distinct means of egress.
(2)
An earth-sheltered house is distinguishable from a basement
being used as a house chiefly in terms of design function. An earth-sheltered
house is designed and appears to be designed as the final structure
just as it stands. A basement is designed and appears to be designed
as a foundation for a superstructure placed upon it. These distinctions
are most noticeable by comparing:
(a)
The position of the structure with respect to final grade.
(b)
The manner in which lighting and ventilation are provided.
(c)
The design strength of the walls and roofs.
EDUCATIONAL INSTITUTION, PRIVATE
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated under the Education Law of New
York State.
FAMILY
One or more persons who live together in one dwelling unit
and maintain a common household, which may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption and may also include domestic servants and gratuitous
guests.
FARM
Any parcel of land containing at least five acres which is
used for the raising of agricultural products, livestock, poultry
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used. It excludes the
raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
FILED MAP
Any map, survey or plat filed in the County Clerk's office
of Genesee County.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
basement floor areas not devoted to residential use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
FRONTAGE
The extent of a building or lot along a street as defined
herein.
GARAGE, PRIVATE
An enclosed 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.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, adjusting or equipping of automobiles or
other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used
for the storage and sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories or facilities for lubricating, washing or otherwise
servicing motor vehicles.
GASOLINE STATION-MARKET
A gasoline station which provides a second commercial service
such as a restaurant, dairy bar, beverage market, or food market.
This shall not include sales from vending machines.
HEALTH SERVICES FACILITY
Establishments providing support to the medical profession
and patients such as blood banks, medical and dental laboratories,
oxygen and other types of medical supplies and services.
[Added 5-11-2017 by L.L.
No. 3-2017]
HOME OCCUPATION
(1)
An occupation or a profession which is customarily carried on
in a dwelling unit or in a building or other structure accessory to
a dwelling unit and is carried on by a member of the immediate family
residing in the dwelling unit and is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and which
conforms to the following additional conditions:
(a)
The occupation or profession shall be carried on wholly within
the principal building or within a building or other structure accessory
thereto.
(b)
Not more than two persons outside the immediate family shall
be employed in the home occupation.
(c)
There shall be no exterior display, no exterior sign (except as permitted under §
165-41), no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal building.
(d)
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced, nor shall any home occupation be allowed which
will result in:
[1]
Dissemination of noise, vibration, odor, dust, smoke, observable
gas or fumes or other atmospheric pollutant beyond the boundaries
of the immediate site of the building in which such use is conducted.
[2]
Hazard of fire or explosion or other physical hazard to any
person, building or vegetation.
[3]
Radiation or interferences with radio or television reception
beyond the boundaries of the immediate site of the building in which
such use is conducted, or the testing of material or instruments in
such a manner as to constitute a public nuisance.
(2)
In particular, a "home occupation" includes, but is not limited
to the following:
(c)
Professional office of a physician, dentist, lawyer, engineer,
architect or accountant within a dwelling occupied by the same.
(d)
Teaching with a musical instruction limited to a single pupil
at a time.
(3)
However, a "home occupation" shall not be interpreted to include
the following:
(a)
Motor vehicle repair shop, machine shop, welding and fabrication
shop.
(b)
Barbershops and beauty parlors (with two or more work stations).
(c)
Commercial stables and kennels.
HOSPITAL
Unless otherwise specified, includes a sanitarium, sanatorium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place 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.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
sick or injured animals.
HOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and providing additional
services such as restaurants, meeting rooms, entertainment and recreation
facilities.
[Amended 3-12-2015 by L.L. No. 1-2015]
HOTEL/MOTEL
A building providing overnight accommodation for more than
10 transient people, which building need not be owner-occupied and
may provide eating, restaurant and related facilities.
[Added 5-11-2017 by L.L.
No. 3-2017]
INDUSTRIAL PARK
A large tract of land that has been planned, developed and
operated as an integrated facility for a number of individual light
industrial and manufacturing uses, with special attention to circulation,
parking, utility needs, aesthetics, and compatibility.
[Added 5-11-2017 by L.L.
No. 3-2017]
JUNKYARD
Land or building used for collecting, storage or sale of
wastepaper, rags, scrap metal or discarded material, or for collecting,
wrecking, dismantling, storage, salvaging or sale of machinery parts
or vehicles not in running condition.
JUNKYARD, AUTOMOBILE
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 or for the purpose of reclaiming for use some
or all of the materials therein.
KENNEL
The keeping of five or more dogs over the ages of five months.
LAKE, ARTIFICIAL
A body of water created through construction or other similar
method, having a surface area in excess of one acre.
LANDFILL, SANITARY
The depositing of refuse in a natural or man-made depression
or trench or dumping it at ground level, compacting to the smallest
practical volume, and covering with earth or other material in a systematic
and sanitary manner.
LAUNDERETTE
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
LIGHT INDUSTRIAL
The processing, fabrication, assembly or packaging of previously
prepared or refined materials and food goods.
[Added 5-11-2017 by L.L.
No. 3-2017]
LOT
A parcel of land, not divided by streets, devoted to or to
be devoted to a particular use, or occupied by a building or buildings,
together with such open spaces as are required under the provisions
of this chapter, and having its principal frontage on a street as
defined in this chapter.
LOT AREA
The total horizontal area included within lot boundaries.
LOT, CORNER
A lot located at the junction of and fronting on two or more
intersecting streets.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINE
The property lines bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line
separating the lot from the street; in the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line as the front lot line, except that
where the majority of lots in any block are developed, the owner shall
select the same front line as used by such other lots. In a subdivision
approved by the Planning Board, said Board may designate a front lot
line on any lot having frontage on more than one street.
LOT LINE, REAR
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line
to the rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
MOBILE HOME
A portable unit, designed and built to be towed on its own
chassis, comprised of frame and wheels, connected to utilities and
designed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when
being towed and expanded later to provide additional cubic components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. Mobile units arrive
at the site where they are to be occupied as dwellings completed,
including major appliances and furniture, and ready for occupancy,
except for minor and incidental unpacking and assembly operations,
location of foundation supports, connection to utilities and the like.
MOBILE HOME PARK
A parcel of land under single ownership which has been placed
and improved for the rental or lease of two or more lots and the provision
of services for mobile homes for nontransient residential use.
MOBILE HOME SUBDIVISION
A parcel of land under single ownership in which a single
lot or lots are developed and eventually sold by the landowner to
persons for the placement of a mobile home.
MOTOR VEHICLE REPAIR SHOP
Any building or land used for gain, wholly or partially,
engaged in the business of service, repair or diagnosing motor vehicle
malfunctions or repairing bodies, fenders or other components damaged
by accidents or otherwise.
[Added 5-11-2017 by L.L.
No. 3-2017]
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of these zoning
provisions, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption
or amendment.
[Added 9-25-1989 by L.L. No. 1-1989]
NONCONFORMING USE
A use of a building or of land that does not conform to this
chapter as to use in the district in which it is situated, which use
was lawful under the preceding ordinance at the time the use was established.
NURSERY
Any place used as a garden for the open cultivation and growing
of trees, shrubs and other plants, including the replanting of said
plants grown at places other than the nursery.
NURSERY, DAY
A place, building or structure, designed to provide care
or instruction for two or more children under six years of age.
NURSING HOME or CONVALESCENT HOME
Any establishment where three or more persons suffering from
or afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept or boarded or housed for remuneration, other than
municipal or incorporated hospitals, or establishments for the care
of the mentally ill.
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity,
that may include ancillary services for office workers such as a restaurant,
coffee shop, newspaper or candy stand.
[Added 5-11-2017 by L.L.
No. 3-2017]
OFFICIAL MAP
A map adopted by the Town Board, showing streets, highways
and parks already laid out, adopted and established by law. Drainage
systems may also be shown in this map.
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto. In general, there
shall be an average of about 350 square feet of parking area per parking
space.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet, and an
area of not less than 200 square feet, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
PERSON
Includes any individual or group of individuals, corporation,
partnership, association or any other organized group of persons,
including local governments and agencies thereof.
PLANNING BOARD
The officially designated Town of LeRoy Planning Board, as
established by the Town Board in accordance with Town Law, Article
16, § 271 and amendments thereto.
PROFESSIONAL OFFICE
An office used by a duly New-York-State-licensed/registered
architect, attorney, dentist, certified counselor, certified public
accountant (CPA), chiropractor, engineer, insurance broker or salesman,
massage therapist, optometrist, physician or surgeon, physical therapist,
psychologist, real estate broker or salesperson, surveyor, teacher
or veterinarian.
[Added 5-11-2017 by L.L.
No. 3-2017]
QUARRY, SAND PIT, GRAVEL PIT OR TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, or topsoil for sale, as an individual operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 5-11-2017 by L.L.
No. 3-2017]
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual and private storage
spaces of varying sizes leased or rented on an individual basis for
varying periods of time.
[Added 5-11-2017 by L.L.
No. 3-2017]
SIGN
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 letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of an announcement, direction or advertisement, A "sign" includes
any billboard, but does not include the flag, pennant or insignia
of any nation or group of nations or of any state, city or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event. However, a "sign," as defined herein, shall not include a similar
structure or device located within a building.
(1)
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
(2)
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
(3)
ILLUMINATED SIGNAny 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.
(4)
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
SITE PLAN
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and hearings and any other information deemed
necessary by the Planning Board.
SPECIAL USE
A specifically designed use that would not be appropriate
generally or without restrictions throughout the zoning district but
which, if controlled as to number, area, location or relation to the
neighborhood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, prosperity or general welfare.
STREET
A public or private way which affords the principal means
of access to abutting properties.
SUBDIVISION
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 lots.
[Amended 7-24-2014 by L.L. No. 1-2014]
SUBSTANTIAL IMPROVEMENT
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.
TOURIST HOME
Owner-occupied dwelling in which overnight accommodation
is provided for less than 10 transient people for profit (includes
bed and breakfast).
[Added 5-11-2017 by L.L.
No. 3-2017]
USE
The specific purpose for which land, water or a building
or structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
UTILITY, PUBLIC
Any person, firm, corporation or municipal agency, duly authorized
to furnish to the public, under public regulation, electricity, gas,
water, steam, cable or telecommunications, telephone or telegraph.
[Amended 7-24-2014 by L.L. No. 1-2014]
VISITOR INFORMATION CENTER
A structure that is engaged in the distribution of informational
materials on attractions and services that are available within the
region. It may be associated with for profit or not-for-profit organization.
[Added 5-11-2017 by L.L.
No. 3-2017]
WAREHOUSE
A building used primarily for the storage and/or distribution
of goods and materials.
[Added 5-11-2017 by L.L.
No. 3-2017]
WHOLESALE TRADE
Businesses primarily engaged in selling goods and merchandise
to retailers, commercial or industrial users, or other wholesalers.
[Added 5-11-2017 by L.L.
No. 3-2017]
YARD
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a "yard," as hereinafter provided, the
line of a building shall be deemed to mean a line parallel to the
nearest lot line, drawn from a point of a building or the point of
a group of buildings nearest to such lot line, and the measurement
shall be taken at right angles from the line of the building as defined
herein to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of such yards, to the front and rear lot line,
as the case may be.
ZONING BOARD OF APPEALS
That Board appointed by the governing body specifically to
hear all appeals as provided by these regulations.