For the purposes of this chapter, certain words and terms used
herein shall be defined as follows:
A.
Word usage.
(1)
All words used in the present tense include the future tense.
(2)
All words in the plural number include the singular number, and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
(3)
The word "person" includes an association, partnership or corporation.
(4)
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
(5)
The word "building" includes the word "structure."
(6)
"Lot" includes the words "plot," "parcel," "tract" or "site."
(7)
The word "premises" includes a lot and all buildings or structures
thereon.
(8)
"To erect," "to construct" and "to build" a building or structure
each have the same meaning and also include "to excavate" for a building
and "to relocate" a building by moving it from one location to another.
(9)
"Used" shall be deemed also to include "designated, intended or arranged
to be used or occupied."
(10)
"Shall" is mandatory and not discretionary; "may" is permissive.
(11)
The word "he" shall have the same meaning as "she."
B.
BOARD OF APPEALS
CODE ENFORCEMENT OFFICER
(1)
(2)
COUNTY PLANNING BOARD
DEPARTMENT OF HEALTH
PLANNING BOARD
VILLAGE BOARD
Administrative agencies defined.
The Zoning Board of Appeals of the Village of Manchester.
The official designated by the Village Board of the Village
of Manchester to enforce the provisions of the New York State Uniform
Fire Prevention and Building Code in the Village.
The official designated by the Village Board of the Village
of Manchester to enforce the provisions of this chapter.
The Planning Board of the County of Ontario.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Village.
The Planning Board of the Village of Manchester.
The Village Board of the Village of Manchester.
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure or use which:
Is customarily incidental and subordinate to and serves a principal
building or principal use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants
of the principal building or principal use; and
Is located on the same parcel as the principal building or principal
use.
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Village
of Manchester.[1]
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure, such as bearing
walls, columns, beams or girders, or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; any
alteration whereby a structure is adapted to another or different
use.
Land in the floodplain subject to a 1% or greater chance
of flooding in any given year.
The flood having a 1% chance of being equaled or exceeded
in any one given year. For purposes of this chapter, "base flood"
shall have the same meaning as the 100-year flood.
That portion of a building having its floor subgrade (below
ground level) on all sides. For purposes of this chapter, "basement"
has the same definition as cellar.
See definition of "tourist home."
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms not less than 10 feet in depth
and not less than six feet in height, densely planted and designed
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, noise or other noxious or objectionable elements.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
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.
The vertical dimension measured from the average elevation
of the finished grade level at the front of the building to the highest
point of the structure.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch, which
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the "building lines."
A building in which is conducted the main or principal use
of the lot on which said building is situated.[2]
A certificate issued by the Code Enforcement Officer or designee
upon completion of the change in use of an existing building or of
a parcel of land with no buildings. Said certificate shall acknowledge
compliance with all requirements of this chapter.
A certificate issued by the Code Enforcement Officer or designee
upon completion of construction or alteration of a building. Said
certificate shall acknowledge compliance with all of the requirements
of the Uniform Code.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, while maintaining the density limitation imposed
by said minimum lot area through the provision of open space as part
of the site plan.
Recreation facilities which are privately operated for gain
and which are available to the general public on an individual admission
or membership basis. Such uses shall include, but not be limited to,
golf courses and country clubs, miniature golf courses, indoor racquetball
or tennis courts, theaters, bowling alleys, skating rinks and amusement
parks.[3]
A center designed to provide daytime care or instruction
for more than six children, operated on a regular basis.
Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining,
dredging, grading, filling, paving, excavation or drilling operations.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
A building designed or used for one or more families. The
term "dwelling" shall not be deemed to include a motel, hotel, rooming
house or travel trailer.
A building or portion thereof providing housekeeping facilities,
including cooking and sanitary facilities, designed and used for occupancy
by a single family or persons living as a single nonprofit housekeeping
unit.[4]
A residential building designed for or occupied by three
or more families living independently of each other, with the number
of families in residence not exceeding the number of dwelling units
provided.
A series of multiple-family dwellings designed and built
as an integrated development with a common architectural style.
A residential dwelling unit, other than a mobile home, designed
for and occupied exclusively by one or more persons living as a single
nonprofit housekeeping unit.
A residential building, containing two dwelling units, designed
for occupancy and used exclusively by two families or housekeeping
units living independently of each other. A duplex is a "two-family
dwelling" which is designed with a common wall.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) or shear walls.
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies, or for the public health, safety or general welfare, but
not including facilities or sites for the disposal of waste materials
associated with the provision of such services.
The process of the removal of sand, gravel, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.[5]
One or more persons, whether related or not by birth, marriage
or other domestic bond, occupying a dwelling unit and living as a
single nonprofit housekeeping unit.
Any parcel which is used for agricultural production or customary
farm operations. It includes necessary farm structures, including
dwellings and structures for the storage of equipment used.
A structure of wood, masonry, wire mesh or other material,
including landscaping, which prohibits or inhibits unrestricted travel
or view between properties or portions of properties or between the
street or public right-of-way and a property.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
"finished grade level."
An Official Map published by the Federal Emergency Management
Agency as part of a Flood Insurance Study. The "FBFM" delineates a
regulatory floodway along watercourses studied in detail in the Flood
Insurance Study.
An Official Map issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard
have been defined but no water surface elevation is provided.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Village.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation of the
base flood.
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, "gross
floor area" shall not include areas used principally for nonpublic
purposes, such as storage, rest room, fitting or alteration rooms
or general maintenance, or enclosed pedestrian malls or corridors.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants of the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit.[6]
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any occupation or profession customarily conducted entirely
within a dwelling or a building accessory to the dwelling by the inhabitants
thereof, which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
A lot, land or structure or part thereof where junk, waste,
discarded or salvaged materials are bought, sold, exchanged, sorted,
baled, packed, disassembled, handled or abandoned, including automobile
or other vehicle or machinery wrecking or dismantling yards; house
wrecking yards; used lumberyards; places or yards for storage of salvaged
house wrecking and structural steel materials and equipment; or where
any unregistered motor vehicle is held outside of a completely enclosed
building for a period of two months, whether for the purpose of resale
or sale of used parts therefrom, for the purpose of reclaiming for
use some or all the materials therein, or for the purpose of storage
or disposing of the same for any other purpose. The term "junkyard"
shall not include pawn shops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing, or
for processing of used, discarded or salvaged materials as part of
manufacturing operations.
Exceptions shall be as follows:
New and/or used motor vehicles, which are operable, qualify
for a current New York State motor vehicle inspection sticker under
Article 5 of the New York Vehicle and Traffic Law and are offered
for sale to the public, may be stored on premises on which new or
used car sales may be conducted in accordance with the provisions
of these regulations.
The storage of vehicles subject to seasonal use, such as travel
trailers and snowmobiles, even though such vehicles may be unlicensed
during the part of the year they are not in use.
The storage of agricultural equipment which is being used in
farm operations.
Any premises on which four or more dogs, six months old or
older, are kept, bred and/or boarded.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required "off-street loading space" is
not to be included as off-street parking space in the computation
of required off-street parking area.
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by a common interest or use and the customary
accessory uses and open space belonging to the same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating "lot area."
That percentage of the lot area which is devoted to building
area.
The minimum horizontal distance from the street line of a
lot to its opposite rear line, measured in the general direction of
the side lines of the lot.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered front yards.
The property lines bounding the lot as follows:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the Office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The distance between the side lot lines measured parallel
to the street line at the front setback line.
A parcel of land at the junction of and fronting on two or
more intersecting streets. All "corner lots" shall be deemed to have
two front yards, two side yards and no rear yard.
A lot which is not a corner lot and which has frontage on
two streets.
The lowest level, including basement or cellar, of the lowest
enclosed area. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement is not considered a building's "lowest floor,"
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Any portable vehicle which is designed to be transported
on its own wheels, or those of another vehicle, which, although not
placed on a permanent foundation, is used, designed to be used and
capable of being used as a detached single-family residence; and which
is intended to be occupied as permanent living quarters containing
sleeping accommodations, a flush toilet, a tub or shower, kitchen
facilities and plumbing and electrical connections for attachment
to outside systems. The definition of "mobile home" includes all additions
made subsequent to installation. All "mobile homes" built after June
15, 1976, shall meet the National Mobile Home Construction and Safety
Standards as set forth by the United States Department of Housing
and Urban Development. This definition does not include manufactured
housing placed on a permanent foundation or a travel trailer.
A parcel of land within a mobile home park reserved for the
placement of a single mobile home and for the exclusive use of its
occupants.
A parcel of land under single ownership on which two or more
mobile homes are occupied as residences or which is planned and improved
for the placement of two or more mobile homes for nontransient residential
use.
The part of a mobile home lot which has been reserved for
the placement of a mobile home and related structures or additions,
including driveway apron and patio. The mobile home stand area is
derived from the area of the lot which remains after all setbacks
are met.
A building or buildings containing sleeping units for transient
guests and providing accessory off-street parking facilities and which
may include restaurant facilities, and a dwelling unit for a bona
fide caretaker or operator. The term "motel" includes hotels, auto
courts, tourist courts, motor lodges and similar terms. Each sleeping
unit shall contain not less than 240 square feet of living space.
Every vehicle which is propelled by any power other than
muscular power, except electrically driven invalid chairs being operated
or driven by an invalid. "Motor vehicles" shall include but not be
limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles,
etc.
Any building, structure or land used to disperse, sell or
offer automotive fuels, oils or accessories, including lubrication,
washing, polishing or cleaning and the replacement or installation
of parts and accessories to passenger automobiles or trucks not exceeding
1 1/2 tons.
A vertical control, as corrected in 1929, used as a reference
for establishing varying elevations within the floodplain.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. "Neighborhood
character" is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
Any lawful building or structure existing at the date of
enactment of this chapter, or an amendment thereto, which in its design
or location upon a lot does not conform to the regulations of this
chapter for the district in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A lot of record existing at the date of the enactment of
this chapter, or an amendment thereto, where the owner(s) of said
lot does not own any adjoining property, the resubdivision of which
would create one or more conforming lots, which does not have the
minimum width, depth or area for the district in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter, or an amendment thereto,
which does not conform to the use regulations of the district in which
it is situated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
away from their home for up to three hours per day.
Any unoccupied space open to the sky on the same lot with
a building.
A space adequate for parking an automobile and having an
area of not less than 180 square feet per vehicle, exclusive of aisles
and driveways. Such space shall be located on the lot it is accessory
to and shall have direct access to a street or public way.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
When at least 51% of the actual cash value of the structure,
excluding land value, is above ground.
Intended to designate any one or more of the following uses,
including grounds and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, including golf courses, playgrounds and recreational
areas when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Fire, ambulance and public safety buildings.
Hospitals for the care of human beings, nursing homes, convalescent
homes, homes for adults, homes for the aged or residences for adults
as the same are defined under the Public Health Law or the Social
Services Law of the State of New York, provided that they are duly
licensed by the State of New York.
Membership corporations established for cultural, social or
recreational purposes.
Day-care centers licensed by the New York State Department of
Social Services.
Municipal buildings.
A site which provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
A vehicle type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 38 feet when factory equipped for the road.
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. "Truck campers" are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase the number of residential units in the structure.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar refreshment stand at a public, semipublic or
community swimming pool, playground, playfield or park operated by
the agency or groups or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility
shall not be deemed to be a "restaurant."
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
The line determining the street or highway limit of public
ownership. The terms "right-of-way line" and "street line" shall have
the same meaning.[7]
A dwelling, other than a hotel, motel or tourist home, where
more than two persons are housed or lodged for hire with or without
meals.
A local street which generally runs parallel to and adjacent
to an arterial or collector street and which provides access to abutting
properties and protection from the arterial or collector street.
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
Any material, structure or part thereof, or any device attached
to a building or structure or painted or represented thereon, composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed and is intended for display of an advertisement,
notice, directional matter or name, and includes sign frames, billboards,
signboards, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs.
The area of a sign consisting of the entire surface of any
regular geometric form or combinations of regular geometric forms,
comprising all of the display area of the sign and including all of
the elements of the matter displayed, but excluding supporting or
structural members not bearing advertising matter.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
A sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixture or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to
or part of a building or structure.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
A sign lighted by electricity, gas or other artificial light,
including reflective or phosphorescent light, paint or tape.
A sign which exists at the time of enactment of this chapter,
or an amendment thereto, and which does not conform to the regulations
and restrictions imposed herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A sign which directs attention to a business, profession
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
A sign that is designed and intended to be transported from
place to place and is not permanently affixed to the ground or to
a building or structure. Portable signs may or may not have wheels.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
Any sign constructed on or supported by the roof of any building
or structure.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease or other special events which
have a limited or temporary duration.
A sign which is intended to provide directions to motorists
to expedite the flow of vehicular traffic, including signs which contain
such words as exit, entrance, one-way, etc., or use arrows to direct
the flow of traffic.
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, public water and sanitary sewer
services, utilities, rights-of-way, parking areas, open space and
any other information deemed necessary by the Planning Board.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or features which relate to neighborhood
character, would promote the public health, safety, order, comfort,
convenience, appearance, prosperity or general welfare. Such uses
may be permitted in a zoning district upon the approval of a special
use permit by the Planning Board only if specific provision for such
use is made in this chapter.[8]
The initiation, excluding planning and design, of any phase
of a project which creates a physical alteration of the property and
shall include site preparation, such as clearing, grading and filling;
installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms.
It also includes the placement and/or installation on the property
of accessory buildings, storage trailers and building materials.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet six inches along the studs forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story. The first story
is the lowest story which is 75% or more above the average level of
the ground adjacent to said building.
That portion of a building next under a gable, hip or gambrel
roof having a vertical distance between the floor and horizontal ceiling
of at least seven feet six inches, except that for habitable space
under a sloping roof, the minimum height above at least 50% of such
floor area shall be seven feet six inches. The area where the height
is less than five feet shall not be considered in computing required
floor area.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
See the definition of "right-of-way line."
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
gasoline and oil tanks, buildings, mobile homes, fences, signs, billboards,
towers, antennas and satellite television dishes.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership of building development and shall
include resubdivision.
Any repair, reconstruction, alteration or modification of
a building, the cost of which equals or exceeds 50% of the market
value of the building either before the improvement or repair is started
or, if the building has been damaged and is being restored, before
the damage occurred. Using documentation supplied by the applicant,
the Code Enforcement Officer or designee shall determine the value
of the improvements to be made based upon the square footage of building
area added or improved. Prior to making a determination of value,
the Code Enforcement Officer or designee may confer with the Assessor
as well as other individuals for their advice. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the building. The term does not, however,
include either any project for improvement of a building to comply
with existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions or any
alteration of a building listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Any body of water or receptacle for water which has a capability
of a depth of more than 18 inches at any point, used or intended to
be used for swimming, bathing or wading and installed or constructed
above or below ground.
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 structures incidental to new construction
which shall be removed after the completion of the construction work.
Soil material which is rich in organic matter and capable
of supporting plant life.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation. The term "tourist
home" shall have the same meaning as "bed-and-breakfast establishment."
Includes any structure, including dish antennas, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as or for the support of devices to be used for
the transmission and/or reception of radio frequency signals, such
as, but not limited to, broadcast, shortwave, citizens band, FM or
television signals, or wind-driven devices, such as energy converters
and wind speed and/or direction indicators.
An independent single-family dwelling unit which is one of
a series of dwelling units having a common party wall between each
adjacent unit, each with a private outside entrance.
A building or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
The New York State Uniform Fire Prevention and Building Code.[9]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A relaxation of the terms of the Zoning Local Law which,
in the determination of the Board of Appeals, would not be contrary
to the public interest and which satisfies the conditions spelled
out in state law relative to the issuance of variances.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided by
this chapter and situated between the principal building or group
of buildings and the nearest lot line.
A yard extending between the side lot lines across the front
of a lot adjoining a street; situated between the street line and
the front building line.
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line. In the case of
through lots, there will be no rear yards but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
