For the purpose of this chapter, the following words and terms
shall be defined as follows:
ACCESSORY
The term applied to a building, structure, or use that:
A.
Is customarily incidental and subordinate to and
serves a principal building or use;
B.
Is subordinate in area, extent, or purpose to
the principal building or use served;
C.
Contributes to the comfort, convenience, or necessity
of occupants of the principal building or principal use; and
D.
Is located on the same parcel as the principal
building or use.
ACTION
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 Shortsville.
ADJACENT
Having a common boundary or edge; abutting; touching.
ADULT-ORIENTED BUSINESS OR USE
Any activity or business which provides entertainment services
or materials to customers with an emphasis on matter depicting or
relating to sexual activities or specific anatomical areas or which
customarily excludes minors by reason of age. Adult uses include:
X-rated video stores and bookstores, live or video "peep" shows, topless
or fully nude dancing establishments, combination X-rated video/book
stores, hourly motels, swingers clubs, X-rated movie theaters, escort
service clubs, or any combination or variation thereof.
ALLEY
A thoroughfare not more than 20 feet wide which affords only
a secondary means of access to abutting property.
ALTERATION
Any change, rearrangement or addition to or deletion from
a building other than repairs and modification in building equipment
systems (i.e., heating, cooling, electrical, etc.).
APPEAL
A request by an interested party for reconsideration of a
decision.
APPLICANT
A person filing an application in accordance with this Zoning
Code who is:
A.
The owner or lessee of property;
B.
A party who has contracted to purchase property
contingent upon that party's ability to acquire the necessary
approvals required for that action in accordance with this Zoning
Code, and who presents written authorization from the property owner
to file an application with the Village; or
C.
The agent of either of the above who presents
written authorization from the property owner to file an application
with the Village.
APPROVAL
Favorable decision to an application that indicates acceptance
and the terms of the application are satisfactory. Includes both approval
and approval with conditions.
ARCHITECTURAL FEATURE
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, signs, walls, fences, awnings,
canopies, screens, sculptures, decoration, roof shape and materials,
and other fixtures appurtenant to a structure. Also referred to as
"architectural detail."
AUTOMOTIVE SALES
The sales or leasing of new or used automobiles, motorcycles,
trucks, and recreational vehicles, which includes storage and any
incidental maintenance.
AUTOMOTIVE SERVICE STATION
Establishments used or intended for use of one or any combination
of the following activities. Vehicle dismantling for the resale of
salvaged parts, including tires, is not included in this definition
(see "junkyard").
A.
Retail dispensing of motor vehicle fuels.
B.
Retail selling and installing of liquids, coolants,
or lubricants where substantial disassembly is not required.
C.
Engine tune-ups, body work, frame straightening,
painting, electrical work, transmission repair, or any other repair
services not specifically listed.
AWNING
A permanent overhanging shelter which projects from the face
of a building.
BANKS, FINANCIAL INSTITUTIONS
A bank, savings and loan, credit union, or other financial
institution that provides retail banking services to individuals and
businesses. These uses include only those institutions engaged in
the on-site circulation of cash money.
BASE FLOOD
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.
BASEMENT
That space of a building that is below grade that has more
than half of its height, measured from floor to ceiling, below the
average established curb level or finished grade of the ground adjoining
the building.
BED-AND-BREAKFAST
A home occupation in an owner-occupied residence wherein
lodging and breakfast are provided to transient guests for compensation;
such provision is subordinate to the principal residential use of
the structure.
BERM
A person-made earthen mound (usually from two to six feet
in height) designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other such purposes.
BLOCK
The length of a street between two intersections or to the
termination of the street in the event that there is only one intersection
along such street segment.
BOARDING HOUSE
A dwelling occupied by one nuclear family with four or more
boarders, lodgers or roomers, 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 some of the occupants. A "rooming
house" is a "boarding house."
BUFFER
A unit of land, together with a specified type and amount
of planting thereon, which may be required to eliminate or minimize
conflicts between land uses.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
BUILDING INSPECTOR
The duly designated Building Inspector of the Village of
Shortsville to enforce the provisions of the New York State Uniform
Fire Prevention and Building Code in the Village. Also referred to
as "building official."
BUILDING LINE, FRONT
The line of that face of the building nearest the street
line. This face includes covered porches, whether enclosed or unenclosed,
but does not include steps. If there are street lines on two or more
sides of the building (e.g., corner lots), the building shall be considered
to have two front building lines.
BUILDING PERMIT
A permit issued by the Code Enforcement Officer or other
Building Official to enable the construction or alteration of a building
to begin. The permit shall only be issued after the proper documentation
and information have been submitted and necessary approvals have been
granted.
BUILDING, AREA
The total of areas taken on a horizontal plane at the main
finished grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
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 or mansard roofs and to the average
height of pitched, gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the principal or primary
use of the lot on which it is situated.
BULK
The size and scale of buildings and nonbuilding uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include building
height, building footprint, and lot coverage.
BUSINESS PARK(S)
An area of land in which a collection of more than one nonindustrial
business is located.
CALIPER
A horticultural method of measuring the diameter of nursery
stock; for trees less than four inches in diameter, the measurement
should be taken at six inches above ground level. For trees greater
than four inches in diameter up to and including 12 inches, the caliper
measurement must be taken at 12 inches above the ground level. For
trees greater than 12 inches in diameter, the trunk is measured at
breast height (diameter at breast height or DBH), which is 4.5 feet
above the ground.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for transient, vacation, and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for year-round occupancy or as a place of residence.
CAR WASH
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
CARPORT
An open-sided roofed automobile shelter, either freestanding
or formed by extension of a roof from the side of a building, in which
case it shall be deemed part of the structure to which it is attached.
In either case, a carport shall not be deemed a garage.
CEMETERY
Land used or intended to be used for the burial of the animal
or human dead and dedicated for cemetery purposes, including crematories,
mausoleums, and columbaria.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer 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.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector upon completion
of construction or alteration of a building. Said certificate shall
acknowledge compliance with all of the requirements of the Uniform
Code.
CLINIC
The office of licensed health care professionals, including
but not limited to physicians, dentists, physicians' assistants,
radiologists and nurses, for the treatment of persons on an outpatient
basis only.
CLUB, PRIVATE
A building or use catering exclusively to private club members
and their guests for recreational or athletic purposes, and not operated
primarily for gain or profit.
CODE ENFORCEMENT OFFICER
The person officially designated by the Village that is responsible
for the administration and enforcement of this chapter.
COMBINED DRIVE
A driveway serving as a two-way shared access point for two
or more residences, such as a multifamily dwelling.
COMMUNITY CENTER
A meeting hall or place of assembly intended for use as a
gathering place by members of the Village.
COMPATIBLE
A.
Having a pleasing or congruent arrangement of
elements in the design and/or appearance between two or more attributes
of a structure;
B.
Having a pleasing or congruent arrangement of
elements in the design and/or appearance between two or more structures;
C.
Having a pleasing or congruent arrangement of
elements in the use or function between two or more attributes of
a neighborhood or area.
CONDOMINIUM OWNERSHIP
The ownership interest in dwelling units and other facilities
pursuant to Article 9-B of the Real Property Law of New York State.
CONFERENCE OR MEETING CENTER
A building or complex of buildings that is used as a conference
center and includes auditorium, meeting rooms, exhibition space, and
banquet facilities.
CONIFEROUS
A plant with foliage that persists and remains green year-round.
Also known as "evergreen."
COOPERATIVE OWNERSHIP
The ownership interest in dwelling units and other facilities
by a corporation organized pursuant to the Cooperative Corporation
Law of New York State.
CORNICE
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
COURT
An unoccupied open space other than a yard. An "outer court"
is one which extends to the front, side or rear yards; an "inner court"
is any other court.
CURB
A stone or concrete boundary usually marking the edge of
a roadway or paved area.
CURB LEVEL
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the "curb level"
is the average of the mean levels of the curb on the two intersecting
streets. Where no such grade has been established, the Superintendent
of Public Works shall establish the "curb level" for the purposes
of this chapter.
DANCE, ART, OR MUSIC STUDIO
Establishments or work space dedicated to artists, artisans,
musicians, dancers, or other individuals practicing one of the fine
or performing arts or skilled in an applied art or craft. Incidental
retail sales of work produced on the premises or related to the studio
may be included in the business's permitted function. This definition
excludes all adult-oriented uses.
DAY-CARE, ADULT
The provision of care to individuals over the age of 18 for
periods less than 24 consecutive hours, but not including educational
institutions, provided that such day-care conforms to all applicable
licensing and/or registration requirements of New York State.
DAY-CARE, CHILD OR YOUTH
Any program or facility caring for children for more than
three hours per day per child in which child day-care is provided
by a licensed child day-care provider except those programs operating
as a school-age child-care program as defined by § 390 of
the Social Services Law of the State of New York. (Ref: New York State
Social Services Law)
DECIBEL
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure intensity of sound
are calibrated in decibels.
DECIDUOUS
A plant with foliage that is shed annually.
DENSITY
A unit of measurement; "density" means the number of dwelling
units per acre of land.
DEPARTMENT OF HEALTH
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.
DEVELOPMENT
Any person-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 of farm roads and agricultural practices.
DRINKING ESTABLISHMENT
An establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, saloons, and taverns.
DRIVE-THROUGH FACILITIES
A building or use, which by design of physical facilities
a product is sold to, or a service performed for, customers while
they are in or near their motor vehicles, including but not limited
to fast-food restaurants, drive-up bank tellers, film-processing service
booths, etc.
DRIVEWAY
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."
DRY-CLEANING FACILITIES
Facilities which provide on-site specialty cleaning services
for specific garments and textile items, except carpets and upholstery.
DRY-CLEANING OUTLETS
Facilities that provide drop-off and pickup of garments and
other textile items for dry-cleaning services off-site. (Actual dry-cleaning
services are not performed on site.) Dry-cleaning outlets do not include
any coin-operated facilities.
DWELLING
A detached building designed or used exclusively as living
quarters for one or more persons or families; the term shall not be
deemed to include motel, hotel, boarding or rooming house, recreation
vehicle, tourist home or tent.
DWELLING UNIT
One room, or a group of rooms joined to each other and not
regularly locked in the interior, located in a dwelling, designed
and maintained as a unified living quarter, occupied by an individual
or a family, containing integrated facilities used for living, sleeping,
cooking, eating and sanitation.
DWELLING, MULTIFAMILY
A building designed or used as living quarters by three or
more families living independently of each other. May include apartment
buildings, townhouses, or row houses.
DWELLING, MULTIFAMILY COMPLEX
A series of multiple-family dwellings designed and built
as an integrated development with a common architectural style. Also
referred to as a "multifamily development."
DWELLING, TWO-FAMILY
A building designed and used exclusively for occupancy for
two families living independently of each other and which is separated
from lot lines or other buildings by open space on all sides.
EASEMENT
Any authorization by a property owner for the use by another,
for a specified purpose, of any designated portion of a lot.
EAVE
The projecting lower edges of a roof overhanging the wall
of a building.
EDUCATIONAL INSTITUTION
Parochial, nursery, private and public school, college, university
and accessory uses operated under the Education Law of the State of
New York and governed by the New York State Department of Education
and shall exclude commercially operated schools of beauty, culture,
business, dancing, driving, music and similar establishments which
are not so governed.
EXCAVATION
The process of the removal of sand, gravel, stone, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
EXCAVATION SITE
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
EXTERIOR FURNACE
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated out-of-doors for the primary
purpose of the combustion of fuel from which heat or energy is derived
and intended to be directed therefrom by conduit or other mechanism
into any interior space for the supply of heat or energy.
FAMILY
Two or more individuals related by blood, marriage, operation
of law, or adoption, or any number of individuals not related by blood,
marriage or adoption living together and who meet the indicia for
a functional and factual family equivalent.
FENCE
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.
FILLING
The depositing of fill on land, whether submerged or not,
including nonhazardous earth, clay, sand, or gravel.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
and Floodway Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland waters.
B.
The unusual and rapid accumulation or runoff of
surface waters from any source.
FLOODPROOFING
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.
FLOODWAY
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.
FLOOR AREA
The sum of the horizontal area of the floors of a building
and its accessory buildings on the same lot, excluding unfinished
basements or floor areas not devoted to habitable use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between interior faces of walls.
FLOOR AREA, GROSS
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 centerline 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, restroom, fitting or alteration rooms or
general maintenance, or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLE
The floor area of rooms in a dwelling unit used for bedrooms,
living rooms, dining rooms and kitchens.
FOOD PROCESSING, BAKING AND PACKING PLANTS
Facilities which transform and process livestock and agricultural
products into products for eventual consumption and package the processed
goods for distribution to wholesalers or retailers.
FRONTAGE
The extent of a building or a lot along one public street
as defined herein.
FUNERAL HOME
A building used for the preparation of the deceased for cremation
or burial and the display of the deceased and ceremonies connected
therewith before burial or cremation.
GARAGE SALE
A sale of used household or personal articles (as furniture,
tools, or clothing) held on the seller's own premises.
GARAGE, ATTACHED
A garage having a common wall or a portion thereof with a
principal residential building and used for the storage of motor vehicles,
boats or trailers and in which no home occupation, business or service
for profit is maintained.
GARAGE, DETACHED
A building used as an accessory use to a principal residential
building for the storage of motor vehicles, boats or trailers and
in which no home occupation, business or service for profit is maintained.
GARAGE, PRIVATE
An enclosed space for the storage of motor vehicles, provided
that no business, occupation or service is conducted for profit therein.
GARAGE, PUBLIC
Any building, other than a private garage, which is available
to the public, operated for gain and used for storage of automobiles.
GASOLINE STATION
Any building or land or any part thereof used for sale of
motor fuel, oil and motor vehicle accessories and which may include
a food store or mart and facilities for fueling, charging, lubricating,
washing or servicing vehicles, but not including painting or body
repairs. Includes facilities not selling gasoline but specializing
in oil and other automobile fluid changes.
GRADE, EXISTING
The surface of the ground or pavement at a stated location
as it exists before disturbance in preparation for a project regulated
by this Zoning Code.
GRADE, FINISHED
The elevation of the surface of the ground adjoining the
building at the completion of a project regulated by this Zoning Code.
Height measurements shall be based from the "finished grade." Where
the finished grade is below the level of the existing grade, the existing
grade shall be used for this purpose.
GRADE, STREET
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.
GROUP-CARE FACILITY
A building established and operated for the purpose of providing
long-term, supportive residential care, room, board, housekeeping,
personal care and supervision to three or more elderly people and
nonelderly adults with disabilities that are unrelated to the operator.
The term shall not be applied to owner-occupied premises with one
or two roomers.
HOME OCCUPATION
An accessory use (see also §
95-40.15 of this chapter regulating home occupations) that:
A.
Is clearly incidental and an accessory use to
the dwelling unit used for residential purposes.
B.
Can be conducted without substantial change in
the appearance, character, or traffic generation of the residence
and in no event shall such use be apparent from any public street
or right of way.
C.
Is carried on by a member of the household residing
in the dwelling unit.
HOMEOWNERS' ASSOCIATION OWNERSHIP
The ownership of dwelling units, common elements and other
facilities by an association organized pursuant to the laws of New
York State.
HOSPITAL
Any facility, structure or place for diagnosis and treatment
of human illnesses, injuries or ailments. This includes a sanitarium,
clinic, rest home, nursing home, convalescent home, home for the aged.
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 where only a common kitchen
and dining room are provided within the buildings or in an accessory
building. (See "lodging.")
INDUSTRIAL PARK
A collection of sites with coordinated access, amenities,
and connections for the location of various industries, which may
or may not be related to one another.
INSTITUTION
A facility that provides a public service and is operated
by a federal, state, or local government, public or private utility,
educational organization, religious organization, or similarly recognized
and legally established sect, public agency, tax exempt organization,
or quasipublic organization.
JUNKYARD
A lot, land or structure or part thereof used for the 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.
KENNEL
Any commercial building or lot on which four or more domesticated
animals more than six months of age are housed, groomed, bred, boarded,
trained or sold. This definition shall include temporary housing of
such animals for periods over four hours but shall not include private
residences where the occupant owns the animals.
LANDSCAPING
The use of natural plant materials including, but not limited
to, ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
LAUNDROMAT
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 USE
Research and development, material handling, processing,
the manufacturing, compounding, processing, packaging, storage, service
industry business, assembly, and/or treatment of finished or semifinished
products from previously prepared materials, where input, output is
wholly conducted within an enclosed building and meets the other performance
standards of the district.
LOADING SPACE
An off-street space exclusive of passageways, driveways,
ramps, columns and other areas that is used for the temporary parking
of a commercial vehicle while loading or unloading deliveries, merchandise
or materials.
LODGING
A single building or group of buildings containing guest
rooms or apartments, with parking space or such rooms or apartments,
which is primarily designed for the accommodation of transient travelers
and does not contain individual cooking facilities. Lodging facilities
may also provide additional services to guests, such as food and beverages,
limited recreational facilities, conference rooms, and laundry. Hotels
and motels are considered lodging.
LOT
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required, having
not less than the minimum area, width and depth required for a lot
in the district in which such land is situated and having frontage
on a street or other means of access as may be determined by the Planning
Board to be adequate as a condition of the issuance of a building
permit for a building on such land.
LOT AREA
The total horizontal area within the property lines, excluding
any part lying within the boundaries of a public street or proposed
public street.
LOT COVERAGE
The percentage of the lot area covered by the combined area
of the primary and accessory buildings. This definition includes all
paved and impermeable surfaces such as driveways, swimming pools,
decks, parking areas and parking lots, excluding patios, terraces
and pedestrian walkways.
LOT DEPTH
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.
LOT FRONTAGE
The distance measured across the width of the lot at the
front lot line or the proposed building front line.
LOT LINE
The property line bounding a lot.
A.
FRONTIn the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
B.
REARThe 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.
C.
SIDEThe property line or lines extending from the front lot line to the rear lot line.
LOT OF RECORD
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.
LOT SIZE
The total area within the property lines, excluding any portion
lying within the boundaries of a public street or future street right-of-way.
LOT WIDTH
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
LOT, CORNER
A lot located 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.
LOT, THROUGH
A lot that is not a corner lot and which has frontage on
two streets.
MANUFACTURED HOME
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, April 1, 1993, transportable
in one or more sections, which in the traveling mode is eight feet
or more in width or 40 feet or more in length, or, when erected on
site, is 320 square feet minimum, constructed on a permanent chassis
and designed to be used with or without a permanent foundation when
connected to the required utilities and includes the plumbing, heating,
air conditioning and electrical systems contained therein. The term
"manufactured home" shall also include any structure that meets all
the requirements of this definition except the size requirements and
with respect to which the manufacturer voluntarily files a certification
required by the Federal Department of Housing and Urban Development
and complies with the standards established under the national Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicle.
MANUFACTURING
Any factory, shop, yard warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, containerizing, storage or distribution of goods, wares,
commodities, parts, materials, electricity and the like. The processing,
preparation and production activities customarily deal with person-made
or raw materials and other manufactured items which are altered, restored
or improved by the utilization of biological, chemical or physical
actions, tools, instruments, machines or other such similar natural,
scientific or technological means. "Manufacturing" shall not include
the handling of any waste products and materials. Manufacturing processes
and treatments include but are not limited to such operations as mixing,
crushing, cutting, grinding and polishing; casting, molding and stamping;
alloying and refining; assaying, cleaning, coating and printing; and
assembling and finishing.
MEAN SEA LEVEL
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.
MEDICAL OFFICE
Includes medical, dental and clinical outpatient offices
for the diagnosis and treatment of human ailments.
MINOR REPAIRS
Repairs that do not require the long-term dismantling and
storing of parts; can be reasonably completed within a twenty-four-hour
period.
MIXED USE
A development or redevelopment that allows for a mixture
of uses in a single building or on a single lot including, but not
limited to, two or more of the following: residential, commercial
and industrial.
MOBILE HOME
A factory-manufactured dwelling unit, conforming to applicable
provisions of this Code and bearing insignia of approval issued by
the State Fire Prevention and Code Council, which is constructed by
a method or system of construction whereby the structure or its components
are wholly or in substantial part manufactured in a manufacturing
facility, intended or designed for permanent installation, or assembly
and permanent installation. The term "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MOBILE HOME STAND
The part of a mobile home lot that 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 that remains after all setbacks are
met.
MOTEL
A building or buildings containing rooms intended or designed
to be used or which are used, rented or hired out to be occupied for
sleeping purposes by transient guests and where only a common kitchen
and dining room may be provided within the building or in an accessory
building. See also "lodging."
MOTOR VEHICLE
Any device in, upon or by which any person or property is
or may be transported upon a public street or highway except such
as is operated exclusively by human power. This includes, but is not
limited to, cars, trucks, boats, recreational vehicles, airplanes,
four-wheelers, dirt bikes, or motorcycles.
MUNICIPAL USES
Administrative, clerical, or public offices or buildings
of a government agency (local, county, state, or federal), including
postal facilities, together with incidental storage or accessory uses/buildings.
NEIGHBORHOOD CHARACTER
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.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure that does not conform to the regulations
of the district in which it is located upon the effective date of
this chapter.
NONCONFORMING USE
An established use of a building or structure or of land
existing at the effective date of this chapter which does not conform
to the use requirements of the district in which it is located.
NONRESIDENTIAL USE
All uses of land and buildings except one-family dwellings,
two-family dwellings and multiple-family dwellings.
NYS UNIFORM CODE(S)
The New York State Uniform Fire Prevention and Building Code,
which shall include all subunits (Residential Code, Building Code,
Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code,
and Property Maintenance Code) as currently in effect and as hereafter
amended from time to time. The Uniform Code may also be referred to
as the "New York State Building Code."
OFFICE
Firms or organizations providing professional, executive,
management, or administrative services, such as those listed in the
"professional services" definition.
OPEN SPACE
That portion of a lot that is open, unobstructed and unoccupied
from the ground upward and includes permeable walkways not used by
vehicles, landscaping, uncovered patios, and uncovered recreation
facilities. Recreation buildings may be included as part of a common
open space.
OUTDOOR SOLID-FUEL HEATING DEVICE
A device, structure or apparatus which supplies direct or
indirect heat from the burning of solid fuel, including but not limited
to wood, to a building or other structure.
OUTDOOR STORAGE
The storage of items, merchandise, materials, or vehicles
outside of an enclosed structure for more than four consecutive days
that are not being displayed for sale.
OUTDOOR WOODBURNING FURNACE
An accessory structure, designed and intended, through the
burning of wood or other types of fuel, for the purpose of heating
the principal structure or any other site, building, or structure
on the premises.
OWNER
An individual, firm, association, organization, partnership,
trust, corporation, or company holding title to the property.
OWNER-OCCUPANCY
An owner, as reflected in title records, makes his or her
legal residence at the site, as evidenced by voter registration, vehicle
registration, or similar means recognized by a unit of government.
PARAPET WALL
That portion of a building wall that rises above the level
of the roof.
PARKING AREA OR LOT
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
PARKING FACILITY
Includes all required off-street parking spaces, loading
areas, stacking spaces, aisles, driveways and landscaping as required
in this chapter.
PARKING SPACE
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
PAVING
Ground surface covered with materials including but not limited
to cobblestones, clay-fired bricks, concrete precast paver units,
poured concrete with or without decorative surface materials, blacktop,
or other asphaltic or rubber mixture which may include sand or gravel
as an ingredient and which creates a hard surface. A graded natural
surface or one covered with rolled stone or overlaid with loose gravel
is not considered a paved surface.
PEDESTRIAN-ORIENTED or PEDESTRIAN-SCALED
Refers to a pedestrian-friendly development approach that
seeks to provide the following:
A.
Clear, comfortable pedestrian connections and
access to commercial and residential areas as well as sidewalk networks
and transit stops;
B.
Combination of land design practices including
compact development, mixed-use development, traffic calming, designated
pedestrian circulation systems and amenities, and a mix of housing
types;
C.
Buildings, structures, lighting, and other site
features built to a scale that is inviting and comfortable to pedestrians
and nonmotorists and includes architectural detailing to increase
visual interest.
PERFORMANCE BOND
A bond, letter of credit, cash or securities posted by the
developer and accepted by the Board of Trustees, to guarantee that
the developer will construct, or cause to be constructed, within one
year all required improvements set by the Planning Board as conditions
under site plan approval.
PERSONAL SERVICE STORES OR SHOPS
Places primarily providing services oriented to personal
needs, such as barber and beauty shops, shoe repair shops, household
appliance repair shops, dry cleaning and laundry pick-ups, shoe shine
parlors, and other similar establishments. Retail sales shall be allowed
as incidental uses in personal service establishments.
PLANNING BOARD
The officially designated Planning Board for the Village,
as established by the Village Board in accordance with New York State
Village Law.
PORCH
An unenclosed and unscreened roofed permanent projection
in which the roof is supported by piers, posts, or columns attached
to the entrance of a principal building.
PRINCIPAL BUILDING OR USE
The primary use of the building or land requiring the greater
setback or greater yard shall be deemed the principal building/use.
PRINCIPALLY ABOVE GROUND
When at least 51% of the actual cash value of the structure,
excluding land value, is above ground.
PROCESSING FACILITY
A building or an enclosed space used for the collection and
processing of materials. "Processing" means the preparation of material
for efficient shipment, or to an end-user's specifications, by
such means including but not limited to baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning,
and remanufacturing.
PROFESSIONAL
An individual or agency authorized to practice their discipline
as defined by applicable New York State laws, such as an engineer,
architect, or landscape architect.
PROFESSIONAL SERVICES
Individuals or organizations that provide specialized services,
including, but not limited to, medical practitioners, attorneys, architects,
engineers, photographers, brokers, and other similar services. This
classification excludes hospitals, banks, and savings and loan associations.
PUBLIC BUILDING OR USE
Intended to designate any one or more of the following uses,
including grounds and accessory buildings necessary for their use:
A.
Public parks, including golf courses, playgrounds
and recreational areas when authorized or operated by a governmental
authority.
B.
Public libraries and museums.
C.
Fire, ambulance and public safety buildings.
PUBLIC MARKET
A site that provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
PUBLIC UTILITIES
A building or lot used in connection with the transmission
or distribution of water, sewage, gas, electricity, telephone or other
public services.
PUBLIC UTILITY BUILDING AND FACILITY
A building or lot used for or in connection with the transmission,
distribution or regulation of water, sewage, gas, electricity, telephone,
cable television, telecommunications or other public utility service
by a municipal corporation or by a corporation subject to regulation
by a state and/or federal regulatory agency. It does not include the
administrative offices of the utility.
RECREATIONAL FACILITY
A place, area, structure, or other facility used by persons
in the community to carry out recreational activities.
RECREATIONAL FACILITY, COMMERCIAL
Recreation facilities that 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.
RECREATIONAL FACILITY, INDOOR
Includes a bowling alley, theater, pool hall, skating rink,
gymnasium, health spa, video machine arcade, swimming pool and similar
places of indoor commercial recreation, both public and private, as
well as accessory uses, including user supplies, food service and
sales, service and storage of recreation equipment and accessories.
RECREATIONAL FACILITY, OUTDOOR
Includes a privately or publicly owned marina, golf course
and clubhouse, trap, skeet and archery ranges, swimming pool, skating
rink, park, beach, tennis court, racquetball court, camping area,
picnic area and similar places of outdoor recreation, as well as accessory
uses, including user supplies, food service and sales, service and
storage of recreation equipment and accessories.
RECREATIONAL VEHICLE
A trailer or self-propelled motor vehicle structure without
permanent foundation, which can be towed, hauled or driven, and is
primarily designed as temporary living accommodation for recreation,
camping and travel use and including, but not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
RELIGIOUS INSTITUTION
A place for worship; includes churches, temples, synagogues,
mosques, parish houses, convents, seminaries and retreat houses.
RESIDENTIAL CONVERSION
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase or decrease the number of residential units
in the structure.
RESIDENTIAL USE
Includes one-family dwelling, two-family dwelling, and multiple-family
dwellings.
RESTAURANT
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."
RESTAURANT, CARRY-OUT
An establishment whose principal business is the sale of
food and beverages to a customer in a ready-to-consume state and whose
design or method of operation is such that food and beverages are
usually served in containers and no provision is made for consuming
said items on the premises.
RESTAURANT, DRIVE-IN
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.
RESTAURANT, FAST-FOOD
A business for counter service of food in a packaged form
where the patron has the option to consume the packaged food on or
off the premises.
RESTAURANT, SIT-DOWN
An establishment who principal business is the sale of food
and beverage to the customer in a ready-to-consume state and whose
design or principal method of operation is such that customers, normally
provided with an individual menu, are served their food or beverages
by a restaurant employee at the same table or counter at which said
items are consumed.
RETAIL STORES AND SHOPS
An establishment for the sale of goods, articles or consumer
services individually or in small quantities directly to the consumer.
Retail store or service shall not be interpreted to include the following:
drive-up service, gasoline station, automotive service station or
repair shop, new or used automotive sales, and trailer or mobile home
sales and service.
REZONING PETITION
A formal request to the Village Board to have the Zoning
Map amended.
RIGHT-OF-WAY
The boundary of a road, street, highway, or expressway owned
and maintained by any federal, state, county, or local municipal entity.
ROOFLINE
In the case of a flat roof, the uppermost line of the roof
of a building; in the case of a pitched roof, the lower edge of the
eave; or in the case of an extended facade or parapet, the uppermost
height of said facade or parapet, provided that the facade or parapet
extends around the entire perimeter of the building at the same elevation.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to more than two persons who are not related by blood, marriage or
adoption to each other or the owner or operator. See also "boarding
house."
SELF-SERVICE STORAGE FACILITY
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self-service
storage facility.
SENIOR HOUSING
Includes any residential development where the sole, or primary
tenants of the building are, or are intended to be seniors or those
55 years of age or older.
SEQRA
New York State Environmental Quality Review Act.
SERVICE AREA
Includes those parts of any lot which are used primarily
to provide access for servicing the use on the lot, including land
used for delivery of goods, storage, and collection of wastes and
provisions for maintenance.
SETBACK
The least required horizontal distance between property line
and any structure on the lot measured at the shortest point, including
terraces, porches, or any covered projection thereof, but excluding
steps.
SETBACK, SIDE
The setback to any property line other than a street or rear
lot line.
SETBACK, STREET
The setback to the street or front lot line. On corner lots,
both yards bordering the street shall be considered as street setbacks.
Such street setback shall be measured from the public right-of-way.
SHOPPING CENTER
A group of three or more stores, shops or similar businesses
offering a variety of goods and services, occupying adjoining structures,
whether attached or detached, having a common interrelated parking,
loading and site circulation system with consolidated access to public
roads. Also known as "malls," "retail centers," and "plazas."
SIGN
A name, identification, description, including noncommercial
content, display, illustration, usually including alphabetic or numeric
characters, which is affixed to or painted upon or represented directly
or indirectly upon a building, structure, or piece of land or affixed
to the inside or outside of a door or window so as to be seen from
the outside of a building and which directs attention to an object,
product, place, activity, person, institution, organization or business.
A.
AWNING OR CANOPY SIGNA sign that is mounted, painted, or otherwise applied on or attached to an awning or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building. A marquee or a canopy is not an awning.
B.
BANNER SIGNA sign of lightweight fabric or similar nonridged material that is mounted with no enclosing framework.
C.
BILLBOARDA sign which directs attention to a business, industry, profession, commodity, service, organization, activity, institution, product, or entertainment neither sold, located, nor offered upon the property where the sign is situated.
D.
BUILDING SIGNA sign that is attached to, mounted on, or painted on a building. This includes awning signs, canopy signs, marquee signs, projecting signs, roof sign, and wall signs.
E.
CHANGEABLE COPY SIGN (MANUAL)A sign, or portion thereof, on which characters, letters, or illustrations are changed manually in the field without altering the face or surface of the sign, including, without limitation, a readerboard with changeable letters.
F.
CHANGEABLE COPY SIGN (mechanical or electronic)A sign, or portion thereof, on which characters, letters, or illustrations are changed mechanically or electronically in the field without altering the face or surface of the sign, including, without limitation, an electronic or mechanical message center.
G.
COMMERCIAL MESSAGEA sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
H.
CONSTRUCTION SIGNA sign indicating the title and basic information regarding a project and indicating the names of architects, engineers, contractors and similar persons or firms involved in the design, construction and/or financing of the structure or project.
I.
DEVELOPMENT IDENTIFICATION SIGNA sign which, by means of symbol or name, identifies a shopping center, commercial or industrial park, or other development that may contain a mixture of residential, commercial, and/or industrial uses.
J.
DIRECTIONAL SIGNA sign directing vehicular and/or pedestrian movement into, within, and/or out of a premises.
K.
DRIVE-THROUGH SIGNA sign designed to instruct customers or users in automobiles regarding specific products or services offered on the site or in the building, or regarding methods of payment accepted, or for receiving orders for products or services.
L.
FLASHING SIGNAn illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color.
M.
FREESTANDING SIGNA sign independently supported by the ground or mounted on a supporting structure that is placed on or anchored in the ground and is independent from any building.
O.
GROUND SIGNA sign suspended or supported by one or more uprights or braces anchored in the ground with no more than 30 inches' clearance from the bottom of the sign to the ground below.
P.
INCIDENTAL SIGNA sign containing no commercial message and typically erected to identify address, entrances, exits, restrooms, hours and days of operation, public utility locations, emergency address and telephone number, etc., and one internally illuminated window sign to indicate that the business is "open." These examples are not given by way of limitation; and incidental sign can contain any noncommercial message in accordance with §
95-52.5 (Signs authorized without a permit).
Q.
ILLEGAL SIGNA sign that is without a valid zoning permit, is not a nonconforming sign, and is not expressly permitted and/or exempt from the provisions of this Sign Code.
R.
ILLUMINATED SIGNA sign that is lighted by one or more of the following artificial light sources:
(1)
EXTERNALA separate light source from the sign face or cabinet directed so as to shine on the sign face or exposed lights or neon tubes on the sign face.
(2)
INTERNALA light source concealed within the sign structure.
S.
INTERNAL SIGNA sign that is not intended to be viewed from outside the property and located so as not to be legible from any public right-of-way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Also included in such definition is a sign inside a building more than three feet inside any window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet beyond the lot line of the zoning lot or parcel on which such sign is located.
T.
MOVING SIGNAny sign which in part or in total rotates, revolves, or otherwise is in motion.
U.
NEON SIGNA sign formed from neon lamps containing neon gas.
V.
NONCONFORMING SIGNA sign lawfully existing prior to the enactment of the sign provisions of this Sign Code or any appropriate amendment thereto, but which could not be erected in accordance with such provisions or amendment.
W.
OBSOLETE SIGNA sign that no longer advertises or identifies a bona fide business or product sold.
X.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located.
Y.
ON-PREMISES SIGNA sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located.
Z.
PENNANTA string of shaped, brightly colored pieces of fabric, vinyl, plastic or other material, with or without a message or logo, intended to attract attention.
AA.
PERMANENT SIGNA sign made of materials that are intended to last for more than a short period of time and intended for more than short-term use, and such sign is attached to a building, attached to a structure, or is attached to the ground in some manner.
BB.
PORTABLE SIGNA sign that is movable, is not permanently attached to either the ground, a building, or a permanent structure, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. A portable sign includes any sign supported by a chassis that is designed to be easily moveable; any sign designed to be transported by means of wheels or skids. This definition excludes any lightweight "A-frame" base or any sign made out of other moveable items including, but not limited to, balloons, banners, flags, and umbrellas.
CC.
PROJECTING SIGNA sign attached to or supported by a building or structure in such a manner that it extends more than 12 inches.
DD.
REAL ESTATE SIGNA sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or portion thereof located on such lot or tract of land.
EE.
ROOF SIGNAny sign erected upon the roof of a building, any portion of which is above the roofline of the building.
FF.
SANDWICH BOARD SIGNA portable sign with two or more steeply angled sides. Also known as an "A-frame sign."
GG.
TEMPORARY SIGNA sign which is not intended to be used for a period of time to exceed 30 days, nor is attached to a building, to a structure, or into the ground in a permanent manner, such signs usually being constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal, wire or rope frames or supports.
HH.
WALL SIGNA sign that is affixed to, painted on, or attached to the wall of the building or other structure and which extends not more than 12 inches from the face of such wall.
II.
WINDOW SIGNA sign that is affixed, painted on, or attached to the inside glass of a window or displayed within 12 inches of the inside surface of a window designed and intended to allow those inside or outside the structure to view into or out of the building through the window.
SIGN AREA
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed; excluding
the necessary supports or uprights on which such sign is placed. The
area of a sign having more than one display surface shall be computed
as the total area of the exposed exterior display surface area.
SIGN FACE
The surface of the sign upon, against or through which the
message of the sign is exhibited.
SIGN HEIGHT
The vertical distance from the uppermost point used in measuring
the area of the sign to the ground immediately below such point or
to the level of the upper surface of the nearest curb or a street
or alley (other than a structurally elevated roadway) whichever measurement
permits the greatest elevation of the sign.
SIGN PERMIT
A document signed by the Code Enforcement Officer or designated agent of the Village Board, as required by this chapter, as a condition precedent to the commencement of the erection, construction, installation, or display of a sign requiring a permit per Article
52 of this chapter.
SIGN STRUCTURE
The supports, uprights, bracing and framework for the sign.
SITE
A lot or group of contiguous lots not divided by any alley,
street, other right-of-way or the Village limit that is proposed for
development in accord with the provisions of this Zoning Code and
is in a single ownership or has multiple owners, all of whom join
in an application for development.
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 bearings and any other information deemed
necessary by the Code Enforcement Officer or the Planning Board.
SITE PLAN REVIEW
Authority delegated to the Planning Board by the Village
Board, which enables the Planning Board to approve, approve with conditions
or disapprove the site plans for all buildings or uses where site
plan review is required.
SOLAR ACCESS
The orientation of streets and lots to the sun so as to permit
individual properties to use passive and/or active solar energy resources.
SOLAR ENERGY EQUIPMENT
Includes flat plate, concentrating and tracking collectors,
dissipaters, roof ponds and updated appurtenances.
SOLAR SKY SPACE
The space between a solar collector and the sun, which must
be free of obstructions for a solar energy system's effective
operation.
SPECIAL PERMIT
An authorization of a particular land use which is permitted
in a zoning local law, subject to requirements imposed by such local
law to assure that the proposed use is in harmony with such local
law and will not adversely affect the neighborhood if such requirements
are met.
SPECIAL USE or SPECIALLY PERMITTED USE
A specifically designed use that would not be appropriate
by-right, but which, if controlled as to number, area, location, character,
or relation to the neighborhood, would promote the public health,
safety, welfare, morals, order, comfort, convenience, appearance,
prosperity or general welfare.
SPECIFIED ANATOMICAL AREAS
Includes less than completely and opaquely covered:
A.
Human genitals or pubic region.
B.
The cleavage of the human buttocks.
C.
That portion of the human female breast encompassed
within an area falling below the horizontal line one would have to
draw to intersect a point immediately above the top of the areola
(the colored ring around the nipple). This definition shall include
the entire lower portion of the breast but shall not be interpreted
to include any portion of the cleavage of the breast exhibited by
a dress, blouse, shirt, leotard, bathing suit or other wearing apparel,
provided that the areola is not so exposed.
D.
Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Includes the following:
A.
The fondling or other touching of human genitals,
pubic region, buttocks or female breasts;
B.
Ultimate sex acts, normal or perverted, actual
or simulated, including intercourse, oral copulation and sodomy; and
STACKING SPACE
A temporary space to be used by motorists while waiting to
use drive-in units, car washes, gas pumps or other similar uses.
START OF CONSTRUCTION
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.
STORY
Part of a building which is between one floor level and the
next higher floor level or, if there is no floor above it, then the
ceiling above it.
STREET
A public or private way, which affords the principal means
of access to abutting properties.
STREET FRONTAGE
The lot lines that abut a public street or right-of-way of
a planned street.
STREET GRADE
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."
STREET LINE
The right-of-way line of a street as dedicated by a deed
or record. Where the width of the street is not established, the street
line shall be considered to be 25 feet from the center of the street.
Also referred to as "right-of-way line."
STRUCTURE
A combination of materials to form a construction for use,
occupancy or ornamentation, including but not limited to buildings,
mobile homes, towers, flagpoles, swing sets, antennas, satellite dishes,
or gas or liquid storage tanks, that are principally above ground.
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.
SUBSTANTIAL IMPROVEMENT
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 Building Inspector 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 Building Inspector
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.
SWIMMING POOL
Any constructed body of water or structure to contain water
and any accessory equipment pertaining thereto, designed to be used
or intended to be used for swimming or bathing by any family or persons
residing on the premises and their guests. Portable wading pools,
two feet or deeper, shall be considered "swimming pools."
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and uninhabitable accessory structures
used in connection with the provision of cellular telephone service,
personal communication services, digital and/or data communication
services, paging services, radio and television broadcast services
and similar broadcast services (also referred to as "facilities" or
"equipment"). Examples of such structures include utility or transmission
equipment storage sheds or cabinets. 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.
TEMPORARY STORAGE UNIT
A fully enclosable and transportable unit designed and used
primarily for temporary storage of building materials, household goods,
personal items and other materials for use on a limited basis on residential
property.
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 structures incidental to new construction
which shall be removed after the completion of the construction work.
TERMINAL FACILITIES
A facility that is used for the transfer of goods or materials
from one form of transportation to another (e.g., from a tractor-trailer
to a home delivery truck).
THEATER
A building or part of a building devoted to the performing
arts or the viewing of motion pictures.
THEATER, DRIVE-IN
Open land with its appurtenant facilities devoted primarily
to the showing of moving pictures or theatrical productions to patrons
seated in automobiles or on outdoor seats.
TOPSOIL
Soil material which is rich in organic matter and capable
of supporting plant life.
TOWNHOUSE
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.
TOWNHOUSE CLUSTERS
A building or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
TRAILER
Any vehicle not propelled by its own power drawn on the public
highways by a motor vehicle as defined in this section, except motor
vehicle side cars, vehicles being towed by a nonrigid support and
vehicles designed and primarily used for other purposes and only occasionally
drawn by such a motor vehicle.
TREELINE
The edge of a habitat or wooded area at which trees are capable
of growing.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
Also referred to as "New York State Uniform Code" or "New York State
Building Code."
USE
The specific purpose for which land, building, or structure
is designed, intended, arranged, used or maintained.
USE, CHANGE OF
Any change in the type or nature of occupancy of a building
or land, except the following:
A.
A change in the volume of use without any physical
extension of sales and/or service area.
B.
An expansion or substitution of accessory or incidental
uses in connection with the established principal use, except that
in no case shall such an accessory or incidental use dominate in area
or purpose the principal lawful use.
D.
A change to a generically similar use as determined
by the Code Enforcement Officer.
USE, PERMITTED
Any use specifically allowed in the district, excluding illegal
uses and nonconforming uses.
VETERINARY CLINIC
A facility that provides medical care to animals, which is
run by a Doctor of Veterinary Medicine (DVM). Animals may be kept
in the facility during the recovery period or while under medical
treatment.
VILLAGE BOARD
The elected legislative body of the Village of Shortsville,
also referred to as the "Board of Trustees."
VILLAGE CODE
The local laws, ordinances, rules, certain resolutions, and
regulations of the Village that are collectively known as the "Code
of the Village of Shortsville," and hereafter referred to as the "Zoning
Code."
VILLAGE OFFICE
The building in which the Village Clerk of Shortsville is
located, also referred to as Village Hall.
WALKWAY
A passage or path designated for pedestrian activity or walking.
WAREHOUSE
A building, typically enclosed, designed or used for the
storage of commodities; includes warehouse, wholesale establishment,
discount house, bulk storage and bulk sales outlet.
WETLANDS
Areas designated as freshwater wetlands by the New York State
Department of Environmental Conservation or the Army Corps of Engineers,
as prescribed by law.
WHEEL STOP
An object, often made of concrete, which is placed at the
front of a parking space to prevent vehicles from pulling too far
into the space and striking the wall, landscape, or other objects
that may be on the other side of the space.
WHOLESALE TRADE
A business that deals with the buying or selling or arranging
for sale of goods or commodities, usually in bulk, for purchasers
other than individual customers, to include offices, freight distribution
centers, large storage facilities and the use of delivery trucks in
the routine operation of the business.
WINDMILL
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."
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
YARD, FRONT
A yard between the front lot line and the front line of a
building extended to the side lot lines of the lot. The depth of the
front yard shall be measured between the front line of the building
and the street line.
YARD, REAR
A yard between the rear lot line and rear line of a building
extended to the side lot lines of the lot. The depth of the rear yard
shall be measured between the rear lot line and the rear line of the
building.
YARD, SIDE
The area between the side building line and the related side
lot line and between the front yard and the rear yard.
ZONING BOARD OF APPEALS
The officially established Zoning Board of Appeals of the
Village of Shortsville with the duties and responsibilities identified
in this chapter. Also referred to as "Zoning Board" or "Board of Appeals."
ZONING PERMIT
A document signed by the Code Enforcement Officer or designated
agent of the Village Board, as required by this chapter, as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, restoration, alteration, conversation or installation
of a structure or building.