Except where specifically defined herein, all words used in
this chapter carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural
and the plural the singular, and the word "shall" is intended to be
mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A second dwelling unit located on the same lot as a principal
single-family dwelling, located either within the principal dwelling
or within an accessory building, which is subordinate to the principal
dwelling in terms of size, location, and appearance. Such a dwelling
is an accessory use to the principal dwelling.
A building which is an accessory structure.
A structure incidental and subordinate to the principal structure
and located on the same lot with such principal structure. Where an
accessory structure is attached to the principal structure in a substantial
manner, as by a wall or roof, such accessory structure shall be considered
part of the main structure.
A use incidental and subordinate to the principal use and
located on the same lot with such principal use.
Shelter having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals, or property.
The line, parallel to the road line, that passes through
the point of the principal building nearest the front lot line.
See "accessory building."
A certification by the Code Enforcement Officer that a lot,
structure, or use of land has been developed in conformity with an
approved zoning permit and/or complies with the provisions of this
chapter, and may be occupied and used for the purposes specified in
such zoning permit and/or certificate of occupancy.
Any person appointed by the Village Board to enforce the
provisions of this chapter.
See "lot coverage."
See "lot depth."
A building or portion thereof which is used exclusively for
residential purposes, including one-family, two-family, and multifamily
dwellings, but not including mobile homes, hotels, motels, boardinghouses,
and bed-and-breakfast inns.
A complete self-contained residential unit, with living,
sleeping, cooking and sanitary facilities within the unit, for use
by one family.
A building or a portion thereof used for occupancy by three
or more families living independently of each other and containing
three or more dwelling units.
A building containing only one dwelling unit, and occupied
by only one family.
A building containing only two dwelling units, and occupied
by only two families.
The operation or maintenance by municipal agencies or public
utilities of telephone dial equipment centers; electrical or gas substations;
water treatment, storage and transmission facilities; pumping stations;
and similar facilities.
One or more persons living, sleeping, cooking or eating on
the same premises as a single housekeeping unit.
Any nonmovable sign not affixed to a building that is not
a portable sign.
[Added 8-9-2004 by L.L.
No. 1-2004]
See "yard, front."
See "lot frontage."
An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and conforms to the regulations of § 380-21 of this chapter.
See "lot line."
See "street line."
A designated parcel or tract of land established by plat,
subdivision, or as otherwise permitted by law, to be used, developed
or built upon as a unit.
The total horizontal area included within the lot lines of
a lot. No part of the area within a public right-of-way shall be included
in the computation of lot area.
That portion of the lot that is covered by buildings and
structures.
The average horizontal distance between the front and rear
lot lines.
The length of the front lot line measured at the road line.
A line of record bounding a lot which divides one lot from
another lot or from a public or private road.
A lot for which a valid conveyance has been recorded in the office of the County Clerk prior to the effective date of Chapter 336, Subdivision of Land, of the Code of the Village of Boonville, or is either part of a subdivision plat approved by the Planning Board and filed in the County Clerk's office or was exempt from Chapter 336, Subdivision of Land, at the time of recording with the County Clerk.
The horizontal distance between side lot lines, measured
at the required front setback line.
Any land or structures used for the mechanical or chemical
transformation of materials or substances into new products, including
the assembling of component parts; the manufacturing of products;
the blending of materials; and the packaging of products for distribution.
A lot of record, structure, or use of land which lawfully
existed prior to the enactment of this chapter, or conformed to the
regulations of the zone in which it was located prior to the amendment
of this chapter; which does not conform to the regulations of the
zone in which it is located following the enactment or amendment of
this chapter.
Any sign that directs attention to a business, commodity,
service, or entertainment not exclusively related to the premises
where such a sign is located or to which it is affixed.
[Added 8-9-2004 by L.L.
No. 1-2004]
A tract of land, designated and used by the public for active
and passive recreation.
A tract of land used for the temporary parking of motor vehicles
when such use is not accessory to any other use.
See "special use permit."
See "zoning permit."
The Village of Boonville Planning Board.
A map of a subdivided tract of land showing the boundaries
and location of individual properties and roads.
A sign which is not permanently affixed to a structure or
the ground.
[Added 8-9-2004 by L.L.
No. 1-2004]
A structure through which the principal use of the lot on
which it is located is conducted.
The primary or predominant use of any lot.
See "street, private."
A sign attached to and projecting out from a building face
or wall, generally at right angles to the building. Projecting signs
include signs that are totally in the right-of-way, partially in the
right-of-way, or fully on private property.
[Added 8-9-2004 by L.L.
No. 1-2004]
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use: religious institutions;
public parks, playgrounds and recreational areas; schools; public
libraries; fire, ambulance and public safety buildings; and public
meeting halls and community centers.
See "yard, rear."
A commercial facility engaged in the indoor selling of goods
or merchandise to the general public for personal or household consumption;
or providing indoor retail services or entertainment to the general
public such as eating and drinking establishments, finance, real estate
and insurance, personal services, amusement and recreational services,
health, educational and social services; and not including outdoor
retail sales and service.
A retail sales and service facility of over 15,000 square
feet of gross leasable area, planned, constructed and managed as a
single retail establishment.
A commercial facility including sales, rental, lease and
service or repair for new and used automobiles, trucks, mobile homes,
boats, recreational vehicles, farm implements, tree nurseries and
other large items stored outdoors.
A retail sales and service facility of 15,000 square feet
or less of gross leasable area, planned, constructed and managed as
a single retail establishment.
See "yard, side."
Any area of a single parcel of land to be used, developed,
or built upon as a unit.
A rendering, drawing, or sketch prepared to the specifications
of this chapter and containing necessary elements as set forth in
this chapter which shows the arrangement, layout and design of the
proposed use of a single parcel of land as shown on said plan.
Land in the floodplain subject to a one-percent or greater
chance of flooding in any given year. This area may be designated
as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A use of land as designated in Article IV of this chapter, which requires a review and approval of the Planning Board prior to the issuance of a special use permit by the Planning Board or a zoning permit by the Code Enforcement Officer, and is subject to conditions imposed by the Planning Board to ensure that the use is in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.
A permit for special uses which must be approved by the Planning
Board, granting permission to the Code Enforcement Officer to issue
a zoning permit.
Portion of a building which is between one floor level and
the next-higher floor level or the roof. A "half-story" is 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 less than five feet clear headroom shall not be considered as
floor area for purposes of computing half-stories.
A thoroughfare dedicated and accepted by a municipality for
public use or legally existing on any map of a subdivision filed in
the manner provided by law.
A right-of-way line dividing a lot, plot, or parcel from
a street.
A 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 located on the
ground.
See "accessory structure."
See "principal structure."
The purpose or activity for which land or structures are
designed, arranged, or intended, or for which land or structures are
occupied or maintained.
See "accessory use."
See "principal use."
See "special use."
Any departure from the strict letter of this chapter granted
by the Zoning Board of Appeals as applied to a particular piece of
property.
See "lot width."
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the nearest point of the foundation wall
of the main building.
The space within and extending the full width of the lot
from the street line to that part of the building or structure which
is nearest to such street line. If a lot adjoins two or more streets,
it shall be deemed to have a front yard respectively on each.
The space within and extending the full width of the lot
from the rear lot line to that part of the building or structure which
is nearest to such rear lot line.
The space within and extending the full distance from the
front yard to the rear yard and from the side lot line to that part
of the building or structure which is nearest to such side lot line.
A board appointed by the Village Board pursuant to § 7-712
of the Village Law to hear and decide appeals of this chapter.
A permit issued by the Code Enforcement Officer certifying
that all plans for the use and development of land comply with the
regulations of this chapter, and granting permission to commence development
activities in conformity with the conditions of the approved permit.
