This chapter shall constitute and be known as the "Zoning Ordinance of the Town/Village of Livonia, New York," heretofore known as the "Livonia Zoning Ordinance" and may be cited as such.
A. 
The intent of this chapter is to encourage appropriate and orderly physical development; promote public health, safety, convenience and general welfare; classify, designate and regulate the location and use of buildings, structures and land for agricultural, residential, commercial, industrial or other uses in appropriate places; and, for said purpose, to divide into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement.
B. 
This chapter is one of the key mechanisms for implementing the Comprehensive Plan's vision of guiding development in Livonia to provide a balance of developed uses and open space throughout Livonia; to create residential neighborhoods close to but not negatively impacted by recreation, employment and shopping opportunities; and to avoid the negative impacts of uncontrolled access and demands for inefficient expansion of public utilities.
C. 
These regulations are in accordance with a well considered Comprehensive Plan and have been made with reasonable concern for the character of each district and its suitability for particular uses.
D. 
For the purposes of this chapter, all terms used in the present tense include the future tense. All terms in the plural number include the singular number, and all terms in the singular number include the plural number, unless the natural construction of the term indicates otherwise. The term "person" includes a firm, association, organization, partnership, trust, company or individual. The term "shall" is mandatory and directory. The term "may" is permissive. The term "used" includes the terms "designated, intended or arranged to be used."
A. 
Except as herein provided, no building or land in the Village of Livonia or in the Town of Livonia outside the corporate limits of the Village of Livonia shall be used or occupied nor shall any building or part thereof be erected, moved or altered unless in conformity with the regulations of this chapter. Existing buildings, structures and uses which do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article VIII of this chapter relating to non- conformities.
B. 
The provisions of this chapter shall be separable in accordance with the following rules:
(1) 
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter.
(2) 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure.
A. 
This chapter shall become effective 30 days from the date of adoption. Except as specified in subsequent amendments to this chapter, the effective date shall be March 13, 1998.
B. 
Any variance or conditional use permit which could be lawfully issued under the most recent provisions of this chapter shall continue to be valid. Any variance or conditional use permit which could not be issued after the effective date of these regulations shall be allowed to continue subject to the provision of Article VIII relating to nonconformities.
C. 
Any construction or alteration of a building or structure which has not yet obtained a certificate of occupancy but which has commenced construction at least 90 days before the effective date in accordance with a valid building permit shall be allowed to complete construction. If such building or use is not in conformance with the regulations of this chapter, it shall be subject to the provisions of Article VIII relating to nonconformities.
D. 
This chapter and any amendments thereof shall apply to all applications pending and not yet finally decided on the date of adoption, except that in any case where a public hearing has been held, the application shall be decided in accordance with the law in effect on the date of such hearing.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT
Any person 18 years of age or older. (A minor is any person under the age of 18.)
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, videos, computer software, other periodicals, films or viewing on the premises by use of motion-picture devices or any other coin-operated means, and materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or male or female genitalia, anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, and which establishment customarily excludes any minor by virtue of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment, or any part thereof, which presents any of the following entertainments or services on one or more occasions for observation by patrons therein and which is operated for profit: topless female dancers; strippers; male or female impersonators; exotic dancers; topless waitressing, bussing or service; or service or entertainment where the servers or entertainers wear pasties or G-strings or both. Adult entertainment cabarets customarily exclude minors by reason of age.
ADULT PEEP SHOW
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films, videotapes or slide shows, that is open to the public generally but excludes any minor by reason of age whether or not they are accompanied by a parent or guardian.
ADULT USE
See "adult bookstore," "adult entertainment cabaret," "adult theater" and "adult peep show."
AGRICULTURAL OR FARM BUILDING
Any building used for the housing of agricultural equipment, products, livestock or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to agricultural or farming operations as defined in this article. The term "farm building" shall not include a primary residence.
AGRICULTURAL OR FARMING OPERATION
The use of a parcel of land of five acres or more for gain in the raising of agricultural products, trees, nursery stock, livestock, poultry or dairy products. It includes necessary farm buildings and the storage of necessary equipment. It also includes the use of a parcel of land of less than five acres, except that, on such parcels, the raising of fur-bearing animals, livery or boarding stables, dog kennels and the raising of livestock or poultry for personal use or for sale and/or slaughter is excluded and therefore prohibited. No housing of poultry or stabling of livestock or storage of manure or other odor- or dust-producing material shall be allowed within 100 feet of any lot line separating the farm operation from adjacent residences or other uses.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the 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.
APARTMENT
See "dwelling, multifamily."
BAR or TAVERN
A business establishment with a New York State Liquor License authorizing sale of liquor for on-premises consumption in which liquor sales represent 25% or more of sales receipts.
BASEMENT
That portion of a building that is partly or completely below grade plane.
BED-AND-BREAKFAST DWELLING
Owner-occupied residence, resulting from the conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.
BUILDING
Any structure having a roof supported by columns, piers, walls or otherwise, including, but not limited to, tents, lunch wagons, trailers, travel trailers, manufactured homes, dining cars, camp cars or other structures on wheels, and intended for commerce, shelter, housing or enclosure of persons or animals.[1]
BUILDING, ACCESSORY
A subordinate building located on the same lot with the principal building, occupied by or devoted to an accessory use. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade adjoining the exterior walls of a building to the highest point of the roof for flat roofs, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot on which said building is located.
CAMPGROUND
A parcel of land used or intended to be used by two or more tents, travel trailers or other recreational vehicles on a transitory or seasonal basis and conducted as a business or as part of a public use or private club.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer signifying that a parcel of land or structure is being used in a lawful manner with respect to the provisions of this chapter.
CLUB, PRIVATE
A nonprofit social organization whose premises are restricted to its members and their guests.
CLUSTER DEVELOPMENT
A development of residential lots, one or more, containing less area than the minimum lot area required for the zoning district within which such development occurs, but maintaining overall development the density limitation imposed by providing for permanent open space as a part of the subdivision plan.
COMMUNICATION CENTER; CALL CENTER
A facility that provides data processing and data collection and/or document management.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive materials that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of Livonia.
DAY CARE
In-home facility, as defined by § 390 of the Social Service Law of the State of New York.
DAY-CARE CENTER
A place other than an occupied residence providing or designed to provide day care for seven or more persons on a regularly scheduled basis for more than three but less than 24 hours per day.
DECK/PATIO
An exterior floor system, built with any approved building materials, with a walking surface at any perimeter location of at least eight inches above the grade below, supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports.
DEED OR TRACT RESTRICTIONS
Legal language recorded in an instrument in the chain of title for a lot, which describes specific limitations or restrictions on the use and for development of the property.
DESIGN CRITERIA
A document adopted by the Village Board and, when necessary, modified by the Village that establishes standards and control over development of property within the Village of Livonia.
DRIVE-IN FACILITY
A use or portion of a use which by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product which may be consumed or used in a motor vehicle on the premises.
DRY-CLEANING OUTLET
An establishment used primarily to collect and distribute articles or goods of fabric to be subjected to the process of dry cleaning, dyeing or stain removal elsewhere. A dry-cleaning outlet may also include equipment to press articles of fabric cleaned elsewhere or dry-cleaning machines using only noncombustible and nonflammable solvents.
DWELLING
A building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
DWELLING, ATTACHED OR ROW
A single-family dwelling separated from attached units on ether side by a common party wall in accordance with New York State Building Code.
DWELLING UNIT
One or more rooms providing living facilities for one family or housekeeping unit, including equipment for cooking, living and sleeping purposes and provisions for the same.
DWELLING UNIT, ACCESSORY
An accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling.
DWELLING, DETACHED
A dwelling having no party wall in common with another building.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY
A dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
DWELLING, TWO-FAMILY
A building containing two dwelling units and used or intended to be used exclusively for occupancy by two families living independently of each other, or two single-family dwellings having a party wall in common.
EXCAVATION
Any man-made cut, cavity, trench or depression in the earth's surface formed by earth removal, not including any cut, cavity, trench or depression made as a result or in furtherance of the extraction from below the surface of any substance which exists naturally in a fluid state, such as water, oil or gas.
[Added 12-11-2013 by L.L. No. 1-2013]
FAMILY
One person or a group of persons living together as a single household occupying a dwelling unit.
FARM
See "agricultural or farming operation."
FENCE
Any structure built with approved building materials attached to the ground for the purpose of, including but not limited to, the following: identifying property lines, containing livestock or pets, or to establish a barrier to prevent entry into any space. Decorative landscaping items are not included.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and or used for the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall include areas below the average level of adjoining ground, garage space or accessory building space.
FOREST or WOODLAND
All areas of five or more contiguous acres of woods or sensitive areas of less than five acres that appear on the Land Conservation Map.
FUNERAL HOME
An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.
GARAGE
Attached or detached building used in conjunction with a primary building which provides storage.
GARAGE SALES
Sale of household goods, clothing and equipment of the homeowner or tenant of a residential property from such property. See Article XI, Sign Regulations, for garage sale signage requirements.
GAS SALES/CONVENIENCE STORE
A retail establishment which offers for sale convenience goods, beverages, and sundries, including the dispensing of motor fuels for sale.
HABITABLE SPACE
A space in a building for living, sleeping, eating or cooking, or to be used for a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
HOME OCCUPATION
Any occupation or profession, excluding retail sales to customers or motor vehicle repairs on the premises, which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.[2]
HOMEOWNERS' ASSOCIATION
An organization of residential property owners residing within a particular development who contractually agree to provide, reserve and maintain commonly owned facilities and/or open space, in accordance with New York State law.
HOTEL
A building containing rooms intended, designed, or used, rented or hired out to be occupied for sleeping purposes by transient guests and/or the general public.
IMPERVIOUS SURFACE
The horizontal area of ground covered by a surface through which water cannot infiltrate, such as buildings or asphalt driveways.
INDOOR COMMERCIAL FITNESS CENTER
A completely enclosed building area, including facilities for fitness activities, such as running, swimming, competitive sports, bowling, or skating and other recreational uses such as arcades, performing arts center, or pool halls, and other similar activities.
JOINT PLANNING BOARD
The officially established Joint Planning Board of the Town and Village of Livonia.
JUNKYARD
A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled or where automobile wrecking takes place, but not including pawnshops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing. All operations take place in enclosed buildings unless a conditional permit for outside storage or operations is obtained from the Joint Zoning Board of Appeals or Joint Planning Board pursuant to § 155-17B or § 155-20D.
KENNEL
A lot or parcel of land where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of four months.
LAND CONSERVATION AREA
See § 155-69.
LANDSCAPED AREA
That area of a site plan not consisting of structures or pavement. Landscaped area shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative or landscaped cover, including ponds.
LAUNDRY, SELF-SERVE
A business establishment providing clothes washers and dryers for hire to be used by customers on the premises.
LETTER OF CREDIT
A security instrument which may be accepted as a guaranty of a requirement that certain improvements be made before the Code Enforcement Officer issues a certificate of occupancy, including escrow agreements and other similar collateral and surety agreements acceptable in form and amount to the Municipal Attorney and Municipal Engineer and approved by the governing board.
LIVESTOCK
Any domestic animal, such as cattle, horses, donkeys, mules, burros, sheep, hogs or goats, of greater than three months' age; provided, however, that this chapter shall not apply to sheep, cattle or horses allowed to pasture on open range land where the individual pastures exceed 10 acres in area.
LOT
A parcel of land considered as a separate unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessory use and open spaces belonging to the same. A lot, within the meaning of this chapter, may or may not be a lot as shown on a subdivision plot or the assessment records or maps.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT COVERAGE
The percentage of the lot area covered by buildings or structures, excluding parking areas, driveways and walkways.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.
LOT LINES
The property lines bounding the lot. In the case of a lot abutting more than one street, any lot line bounding a street will be considered a front lot line.
LOT WIDTH
The mean width measured at right angles to the front lot line or, for wedge-shaped lots, flag-shaped lots or lots with side boundary lines not perpendicular to the front lot line, the width measured at the required minimum front setback.
MANUFACTURED HOME
See the New York State Building Code.
MANUFACTURED HOME, DOUBLE-WIDE
A manufactured home consisting of two or more sections, combined at the site, with a width of no less than 20 feet, while still retaining its individual chassis for possible future movement and complying with Part 1220 of the New York State Uniform Fire Prevention and Building Code and Federal Department of Housing and Urban Development standard; excluding, however, travel trailers, motorized homes, pickup coaches and camping trailers. This definition does not include modular manufactured homes as defined by the New York State Uniform Fire Prevention and Building Code.
MANUFACTURED-HOME PARK
A parcel of land where two or more manufactured homes are situated for more than 24 hours or which is planned and improved for the long-term placement of manufactured homes by the public.
MANUFACTURING
Any process whereby the nature, size, or shape of articles or raw materials is changed or where articles are assembled or packaged.
MINI-STORAGE FACILITIES
A storage facility composed of numerous storage units within a single structure or numerous structures that are available for rent or lease to the public.
MODULAR HOME
A factory-manufactured dwelling unit which incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a foundation at a building site. Such home shall be constructed and installed in accordance with the requirements of Subchapter B of the New York State Fire Prevention and Building Code and shall bear an insignia of approval issued by the New York State Fire Prevention and Building Code Council. Factory-manufactured homes shall be deemed to be one- or two-family or multiple dwellings. This definition does not include double-wide manufactured homes as defined by the New York State Uniform Fire Prevention and Building Code.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing accessory off-street parking and, if desired, restaurant facilities. The term "motel" shall also include tourist courts, motor lodges and similar uses.
MOTOR VEHICLE, INOPERABLE
A vehicle that cannot be driven upon the public streets for reasons, including but not limited to, being unlicensed, uninspected, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
MOTOR VEHICLE REPAIR
Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tuneups and all other vehicle repair services not specifically listed in the definition of motor vehicle service stations.
MOTOR VEHICLE SALES AREA
Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises.
MOTOR VEHICLE SERVICE STATION
A. 
Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the following activities:
(1) 
Retail dispensing or sales of motor vehicle fuels.
(2) 
Retail dispensing or sales of motor vehicle lubricants, including oil changing and chassis lubrication where substantial disassembly is not required.
(3) 
Retail dispensing or sales of motor vehicle coolants.
(4) 
Hand or machine washing in a single-bay motor vehicle wash.
(5) 
Incidental repair or replacement of parts, such as windshield wiper blades, light bulbs, air filters, oil filters, batteries, belts, tires, fuses, lubrication of vehicles, and the like.
B. 
Motor vehicle wrecking, repair, parking or storing of motor vehicles for hire, and the operation of more than one towing vehicle shall not be deemed a permissible accessory use of a motor vehicle service station.
MOTOR VEHICLE WASH
Any building or premises, or portion thereof, the use of which is devoted to the business of washing motor vehicles for a fee, whether by automated cleaning devices or otherwise.
MOTOR VEHICLE WRECKING
The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
NONCONFORMING BUILDING
A building lawfully existing at the date of adoption of this chapter or any amendment thereto which in its design or location upon a lot does not conform to the regulations of this chapter for the zoning district in which it is located.[3]
NONCONFORMING LOT
A lot of record lawfully existing at the date of adoption of this chapter or any amendment thereto which does not have the minimum width or contain the minimum area or is otherwise not in compliance with the district in which it is located.
NONCONFORMING USE
Any use of any building, structure or land lawfully existing at the date of adoption of this chapter or any amendment thereto which does not conform to the use regulations of the zoning district in which it is situated.
NURSING HOME
A facility used for nursing or custodial care on a twenty-four-hour basis of more than five persons who are not capable of unassisted living.
OPEN SPACE and USABLE OPEN SPACE
An area or areas of a lot, including required yards, which are:
A. 
Open and unobstructed from ground to sky, except by facilities specifically designed, arranged and intended for use in conjunction with passive or active outdoor recreation or relaxation.
B. 
Landscaped, maintained or otherwise treated to create a setting appropriate to recreation or relaxation.
C. 
Accessible and usable by the general public, business patrons or residents of all dwellings or stores it is intended or required to serve. Does not include roadways or private drives.
OUTPATIENT HEALTH CENTER
A business establishment providing primarily health services, such as emergency care, laboratory facilities or minor surgery to ambulatory patients rather than diagnostic treatment typical of a doctor's office.
PATIO
See DECK/PATIO.
PATIO HOME
A detached single-story residential unit intended to be located on an individual lot.
PLAT
A map, plan or layout of a Village, town or portion there of, section or subdivision of land indicating the location and boundaries of individual properties.
PROFESSIONAL OFFICES
Such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents and offices of not-for-profit organizations.
PROPERTY LINE
See "lot lines."
PUBLIC USES
Any one or more of the following uses, including grounds and accessory buildings necessary for their use:
A. 
Places of worship, cemeteries, parish houses and convents.
B. 
Public parks, playgrounds and recreational areas when authorized or operated by governmental authority.
C. 
Nursery schools, elementary schools, high schools, colleges or universities having curriculum approved by the Board of Regents of the State of New York.
D. 
Public libraries and museums.
E. 
Not-for-profit fire, ambulance and public safety buildings.
PUBLIC UTILITY
Any facility or related equipment, including but not limited to all lines, pipes, transformers, poles, etc., performing an essential public service and subject to special governmental regulation. Nonessential components of public utility operations, such as general storage and maintenance facilities, are excluded from this definition.
RESEARCH AND DEVELOPMENT FACILITIES
A facility that conducts scientific experiments, research or technical studies.
RESIDENTIAL CARE FACILITY
A community-based residence under public, voluntary, nonprofit or proprietary sponsorship which provides residential services and twenty-four-hour supervision to four or more persons. Such a facility is operated by sponsor-approved staff.
RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. A snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park, or an approved vendor operating the recreational facilities for the convenience of the patrons of the facility, shall not be deemed to be a restaurant.
RETAIL
The sale of food, including food preparation for retail sale on the premises, retail sales of shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers and other similar items.
RIGHT-OF-WAY
A strip of land, either public or private, occupied or intended to be occupied by a street, sidewalk, trail, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer or other similar use.
ROADSIDE STAND
A permanent or temporary structure for the sale of agricultural products produced on the premises.
SERVICES
Business endeavors, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoes, appliances, etc.), mini storage, barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
SETBACK, MINIMUM FRONT
The least required horizontal distance between the front lot line and all buildings measured at the shortest point.
SETBACK, MINIMUM REAR
The least required horizontal distance between the rear lot line and all buildings measured at the closest point.
SETBACK, MINIMUM SIDE
The least required horizontal distance between the side lot line and all buildings measured at the closest point.
SITE PLAN REVIEW
See Article XIV.
SOCIAL CLUB
A private, nonprofit, social organization whose premises are restricted to its members and its guests.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
STEEP SLOPE
Grade change of 15% or more.
STORY
See applicable New York State Building Code provisions.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE
That line determining the limit of the highway right-of-way of the public street, either existing or contemplated.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
SWIMMING POOL, PRIVATE
A swimming pool operated as an accessory use to a residential dwelling unit or units located on an individual residential lot, as per the New York State Building Code.
SWIMMING POOL, PUBLIC
A publicly or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
TEMPORARY OR SEASONAL OCCUPANCY
The use of any premises, structure or use for living and/or sleeping purposes for 180 days or less in any calendar year.
TEMPORARY USE
An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
TRAVEL TRAILER
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living.
USE
The specific purposes for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use clearly incidental and subordinate to the principal use on a parcel of land whether located in a principal or accessory building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
USE, PRINCIPAL
The main use for which a building or lot is used or intended to be used.
USABLE LAND
All land except wetland, flood zones, detention and retention ponds.
VARIANCE, AREA
The authorization by the Joint Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Joint Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VETERINARY HOSPITAL
A facility providing animal care, medicine, surgery and housing.
WIND-DRIVEN GENERATORS, COMMERCIAL
Any electrical generator producing its power through the movement of air for the purpose of providing electricity for the commercial power grid, or to power an individual business enterprise subject to site plan approval pursuant to Article XIV.
WIND-DRIVEN GENERATORS, RESIDENTIAL
Any electrical generator producing its power through the movement of air for purposes of providing power to one or more residential units, but not for profit. All energy produced shall primarily supply only the structures on said property. Such structures shall meet height limits for the zoning district in which it is located. All such structures shall have a set back from property lines equal to its height, including the blades.
YARD, FRONT
An open space extending the full width of the lot between the front lot line and the principal building, unoccupied and unobstructed by any buildings or structures from the ground upward.
YARD, REAR
An open space extending the full width of the lot between the rear lot line and the required minimum rear setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 155-42.
YARD, SIDE
An open space extending from the front yard to the rear yard between the side lot line and the required minimum side setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 155-42.
ZONING BOARD OF APPEALS
The officially established Joint Zoning Board of Appeals of the Town and Village of Livonia.
ZONING PERMIT
A permit issued by the Code Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the district in which it is located.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).