The language of the zoning law must be read literally. Regulations are no more or less strict than stated. Words defined in § 250-220 have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not defined in this article shall have the relevant meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.
A.
Words used in the singular include the plural. The reverse is also
true.
B.
Words used in the present tense include the future tense. The reverse
is also true.
C.
The words "must," "will," "shall" and "may not" are mandatory.
D.
The word "may" is permissive, and "should" is advisory, not mandatory
or required.
E.
When used with numbers, "up to X," "not more than X" and "a maximum
of X" all include X.
F.
The word "lot" shall include "plot" or "parcel."
G.
The word "occupied" shall include "designed or intended to be occupied."
H.
The word "used" shall include the words "arranged," "designed" or
"intended to be used."
I.
The word "person" shall mean a person, firm or corporation or the
plural of those words.
Unless the context otherwise clearly indicates, conjunctions
have the following meanings:
The following rules apply to fractional number unless otherwise
expressly stated:
A.
Minimum requirements. When a regulation is expressed in terms of
a minimum requirement, any fractional result of 0.5 or more must be
rounded up to the next consecutive whole number. For example, if a
minimum requirement calling for one tree to be provided for every
30 linear feet of frontage is applied to a fifty-foot dimension, the
resulting fraction of 1.67 is rounded up to two required trees.
B.
Maximum limits. When a regulation is expressed in terms of maximum
limits, any fractional result will be rounded down to the next lower
whole number. For example, if a maximum limit of one dwelling unit
for every 5,000 square feet is applied to a 12,500-square-foot lot,
the resulting fraction of 2.5 is rounded down to two (allowed dwelling
units).
All references to other Village, county, state, or federal regulations
in the zoning law refer to the most current version and citation for
those regulations, unless expressly indicated otherwise. When the
referenced regulations have been repealed and not replaced by other
regulations, zoning law requirements for compliance are no longer
in effect.
Unless otherwise expressly indicated, lists of items or examples
that use "including," "such as," or similar terms are intended to
provide examples only. They are not to be construed as exhaustive
lists of all possibilities.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
The term applied to a building, structure, or use (except
for an accessory dwelling unit) that:
Is customarily incidental and subordinate to and serves a principal
building or use;
Is subordinate in area, extent, or purpose to the principal
building or 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 use.
A second subordinate dwelling unit associated with a single-family
dwelling.
Any adult bookstore, adult hotel or motel, adult motion-picture
arcade, adult motion-picture theater, cabaret, sexual encounter center,
or any other business or establishment that offers its patrons services
or entertainment characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas, but not including those uses or activities, the
regulation of which is preempted by state law.
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
A system of electrical conductors that transmit or receive
radiofrequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
A property owner or agent of a property owner who has filed
an application for a land development activity as defined herein.
Favorable decision to an application that indicates acceptance
and the terms of the application, as written or modified, are satisfactory.
Includes both approval and approval with conditions.
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."
A multiunit residence building (or buildings) designed for
and restricted to the housing of persons, each of whom is at least
55 years of age, and in which personal and health-related services
(such as congregate meals, housekeeping, homemaking, transportation,
social activities, personal care and supervision) are provided to
residents. An assisted-living facility must be licensed by the New
York State Department of Health as an "adult home" or as a provider
of "enriched housing" services or dementia care.
A permanent overhanging shelter which projects from the face
of a building.
An owner-occupied residence wherein lodging and/or meals
are provided to transient guests for compensation. The maximum stay
of a guest shall not exceed 14 days.
The length of a street between two intersections or between
an intersection and its termination.
An enclosed building for the manufacture, processing, bottling,
and packaging of malt liquors, such as beer, ale, or ciders, but not
to include distilled liquors.
A unit of land, together with a specified type and amount
of planting and/or fencing thereon, which may be required to eliminate
or minimize conflicts between land uses. Also referred to as "screening."
Any structure other than a boundary wall or fence.
The vertical distance measured between the average finished
grade at the outside perimeter of the foundation to the highest level
of a flat roof or to the average height of a pitched, gabled, hip
or gambrel roof.
The measurement of the size in inches of the diameter of
small trees (under six inches), usually measured at six inches above
grade. Trees greater than six inches in diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
The atmosphere or physical environment that is created by
the combination of land use and buildings within an area. "Character"
is established and influenced by land use types and their level of
activity or intensity and traffic generation and also by the location,
size, and design of structures as well as the interrelationship of
all these features.
The duly designated Building Inspector/Code Enforcement Officer
of the Village of Churchville.
A telecommunications facility which uses an existing building,
tower or other structure for the placement of antennas without need
for the placement, erection or construction of a separate telecommunications
tower for said placement of antennas.
The mounting of telecommunications facilities which are used
by two or more telecommunications service providers on the same existing
building, communication tower or other structure.
Any message the primary purpose of which is the commercial
advertisement or promotion of a commercial product, event, or service
(including content on an internet website operated for a commercial
purpose).
An occupation, employment, enterprise or establishment that
is conducted for profit by the owner, lessee or licensee. This shall
include but not be limited to retail, wholesale, business, administrative
and other activities.
A structure designed to support antennas. It includes without
limit freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications, but excluding those used either for fire, police and
other dispatch communications or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar communications.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a structure;
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more structures;
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a neighborhood;
and/or
Having a pleasing or congruent arrangement of elements in the
use or function between two or more attributes of a neighborhood or
area.
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
An enclosed building for the manufacture, processing, bottling,
and packaging of distilled liquors, such as vodka, gin, whiskey, or
tequila.
A structure wherein the sale of goods or delivery of services
is provided directly to patrons while seated in motor vehicles located
on the premises.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A building containing one dwelling unit and designed or used
exclusively for occupancy by one family.
A building containing two dwelling units and designed or
used exclusively for occupancy for two families living independently
of each other; or two single-family dwellings having a party wall
in common. Also referred to as a "duplex."
A dwelling unit located within a mixed-use, multistory building
on any floor other than the ground floor.
The Federal Aviation Administration.
The face of a building.
The principal face of a building that looks onto a street,
right-of-way, or open space. Buildings on corner lots shall be considered
to have two primary or front facades.
Any number of individuals related by blood, marriage or adoption,
or not more than four persons who are not so related, living together
as a single housekeeping unit, using rooms and housekeeping facilities
in common and having such meals as they may eat at home generally
prepared and eaten together.
The Federal Communications Commission.
A line parallel to the front lot line, drawn through that
point or projection of a building face which is closest to the front
lot line; provided, however, that where side lot lines are not perpendicular
to the front lot line, then the front building line shall be the shortest
line drawn through that point or projection of a building face which
is closest to the front lot line and perpendicular to either side
lot line. The building face shall include any portion of the building
or structure, enclosed or unenclosed, except steps.
The line dividing the public right-of-way from the lot; also
known as "street frontage."
The extent of a building or a lot abutting a street or right-of-way.
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot shall
be taken as the street grade.
A complete map of all existing or proposed telecommunications
facility and tower locations within the Village of Churchville and
any contiguous town, together with such a narrative or technical data
or information as the applicant shall deem relevant or necessary so
as to establish the necessity of each tower site which is the subject
of the application.
An occupation, profession or personal service for gain or
support conducted by members of a family residing on the premises
and conducted entirely within the dwelling.
A lot, land or structure or part thereof, used primarily
for the collecting, storage, sale or abandonment of wastepaper, rags,
scrap metal or discarded material, or for the collecting, dismantling,
storage, salvaging, sale or abandonment of machinery or vehicles not
in operating condition, or of parts thereof.
Daytime care or instruction of three or more children or
adults away from their own homes for more than three hours but fewer
than 24 hours per day, by an individual, association, corporation,
institution or agency, whether or not for compensation or reward.
Such centers shall be duly licensed by New York State law.
A parcel of land occupied or capable of being occupied by
one building or a group of buildings, and the accessory buildings
or uses customarily incident thereto, including such open spaces as
are required by this chapter, but not including any portion between
the center line of a street and the street line.
The share of the area of the lot covered by structures and
impervious surfaces.
The property lines bounding the lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
In the case of a lot abutting on more than one street, the owner may
elect any street line as the front lot line.
The least horizontal distance across the lot between the
side lot lines, measured at the front of a main building erected or
to be erected on such lot or at a distance from the front lot line
equal to the required depth of the front yard.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
Any freestanding pole which is used to support an antenna.
A structure or land lawfully occupied at the time of the
enactment of this chapter by a use that does not conform to the regulations
of the district in which it is situated.
A residence building (or buildings) in which skilled nursing
services and chronic custodial care are provided to residents. A skilled
nursing care facility must be licensed as such by the New York State
Department of Health.
An area that is intended to provide light and air and is
designated for either environmental, scenic or recreational purposes.
Open space shall not be deemed to include driveways, parking lots
or other surfaces designed or intended for vehicular travel, as well
as detention or retention ponds. In no event shall any area of a developable
lot nor any part of an existing or future road or right-of-way be
counted as constituting open space.
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
Refers to a pedestrian-friendly design policy providing clear,
comfortable pedestrian access to residential and nonresidential areas
as well as providing for the construction of buildings, sites, and
amenities to be human-scaled, purposefully engaging and accommodating
pedestrians.
Any use where the premises is used to provide personal grooming
services or for the cleaning or care of apparel or other goods. This
may include, but is not limited to, barbers, nail salons, hairstylists,
spas, shoe repair, etc.
The duly designated Planning Board of the Village of Churchville
as provided for and established in this chapter.
A complete map of the Village of Churchville inventorying
and identifying all preexisting structures, municipal buildings or
lands, public utility buildings, lands or rights-of-way or special
geographic areas (i.e., hills, wooded areas, naturally screened areas),
together with such narrative or technical data or information as the
applicant or Village shall deem relevant or necessary so as to establish
whether or not any of such structures or areas may be suitable for
any proposed telecommunications tower site.
Complete maps, plans, narrative, overlays and analysis of
the signal propagation studies for the proposed telecommunications
tower site, together with all propagation studies for all other proposed
or existing telecommunications tower sites within the Village of Churchville
and any contiguous town which adjoins the proposed telecommunications
tower site or which may impact on the siting process for the proposed
telecommunications tower location.
The entire width between the boundary line of all property
which is owned by or has been acquired by the Village of Churchville,
County of Monroe or State of New York, by purchase, dedication or
use, for public street or highway purposes, including, where applicable,
public sidewalks. On lots where sidewalks are located in an easement
to the Village of Churchville, the regulations of this chapter relating
to signs within the public right-of-way shall be interpreted so as
to apply to such easements.
An establishment providing for recreational activities in
a completely enclosed structure. Accessory uses may be permitted to
include the preparation and serving of food and/or the sale of equipment
related to the enclosed recreational uses. Included in this definition
shall be indoor ice rinks, pools, fields, courts, or other such facilities
or arenas where patrons are engaged in and/or spectating sport or
game activities.
An establishment providing for recreational activities in
an open or partially enclosed structure or within an open area. Accessory
uses may be permitted to include the preparation and serving of food
and/or the sale of equipment related to the recreational uses. Included
in this definition shall be outdoor ice rinks, pools, fields, courts,
or other such facilities or arenas where patrons are engaged in and/or
spectating sport or game activities.
An establishment where food and beverages, whether or not
alcoholic, are sold to the public for consumption on the premises.
Such establishment must have a full kitchen and menu as required by
the New York State Liquor Authority when the sale of beer, wine, and/or
liquor is provided.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
A public or private institution in which career, vocational,
skill, or other continuing education programming is made available.
Such institution shall be duly licensed, certified, and/or accredited
by the State of New York.
A public or private institution in which primary, secondary,
elementary, or other educational programming for children and young
adults is provided. Such institution shall be duly licensed, certified,
and/or accredited by the State of New York.
The New York State Environmental Quality Review Act.
Any device, structure, assemblage of materials or other medium,
or any part thereof, which displays, exhibits or presents any lettered,
graphic or pictorial material, or a logo, or upon which is displayed,
exhibited or presented any lettered, graphic or pictorial material,
or a logo, which is located out-of-doors or on the interior of a building
so as to be visible from any street, sidewalk, waterway or public
place, and which:
Identifies, describes, announces, directs or calls attention
to, advertises or promotes any person, organization, product, service,
place or premises, event or activity, whether commercial or noncommercial.
States, expresses, conveys or communicates any information,
opinion, viewpoint, direction, regulation or other commercial or noncommercial
message.
This definition includes anything painted, printed, pasted,
posted, applied or otherwise affixed to or on any building, wall,
fence, vehicle, tree, stone or other natural feature, or other structure
or object, and also includes any unique and distinctive architectural
style or feature, or landscaping which accomplishes either of the
results described above.
The area of all lettering, wording and accompanying designs
and symbols, together with the background on which they are displayed.
The part of a sign that is or can be used to identify, advertise
and communicate information for visual representation, which attracts
the attention of the public for any purpose. This definition shall
include any background material, panel, trim and color used that differentiates
the sign from the building or structure on which it is placed. The
sign structure shall not be included, provided that no message, display
or symbol is designed and included as part of the structure. A "double-faced
sign" is one with two identical faces of equal sign area which are
back to back.
The distance from the highest portion of the sign, including
all structural elements, to mean grade.
The design and/or structure of a sign, including but not
limited to freestanding signs, wall signs, projecting signs, suspended
signs, awning signs, and window signs.
A freestanding sign that is comprised of two sign faces diverging
at a 45° angle or less from their adjoined edge at the top of
the sign face.
A sign that is part of or attached to a roof-like protective
cover of canvas or other flexible material over a door, entrance,
window or outdoor service area that projects from the facade of a
structure.
A temporary sign composed of lightweight canvas-like material,
which can be attached to a structure or suspended by attachment at
each end.
A sign or portion thereof with characters, letters, numbers
or illustrations that can be changed or rearranged to alter the message
or copy or display on the sign face, without altering the face or
the surface of the sign.
Any sign advertising or promoting any business, profession
or commercial enterprise, or any product or commodity, service, activity
or event which is offered to the general public for sale or compensation.
A sign that utilizes computer-generated messages or some
other electronic means of changing copy. These signs may include displays
using incandescent lamps, LEDs, LCDs or a flipper matrix.
A sign which identifies on a single sign multiple uses in
a development, such as a shopping center, an office complex or a business
or industrial campus, and similar large complexes which have a variety
of tenants and/or uses.
A self-supporting sign not attached to any building, wall,
or fence, but in a fixed and permanent location.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any general law, local
law or governmental regulation.
A sign not attached to any building or structure, which may
be supported by one or two columns or posts, provided the distance
between the ground and bottommost edge of the sign is no greater than
four feet.[1]
Any sign other than a commercial sign.
A sign designed to be movable, whether on a trailer, wheels
or otherwise, but excluding licensed motor vehicles, and not structurally
attached to the ground, a building, a structure or another sign.
A sign which is wholly dependent upon a building for support
and which projects more than 12 inches but less than 48 inches from
such building.
A sign containing no commercial message and typically erected
to identify addresses, entrances, exits, rest rooms, hours and days
of operation, public utility locations, emergency addresses and telephone
numbers, etc. These examples are not given by way of limitation; a
regulating sign may contain any noncommercial message in accordance
with this chapter.
Any sign erected upon, against or directly above a roof or
on top of or above the parapet of a building.
A sign attached to and supported by the underside of a horizontal
plane.
A sign which is not intended to be used for a period of time
exceeding 30 days and is not attached to a building, structure, or
ground in a permanent manner. Such signs are usually constructed of
poster board, cardboard, masonite, plywood, or plastic material and
mounted to wood, metal, wire or rope frames or supports.
A sign fastened to the wall of a building or structure in
such a manner that the wall becomes the supporting structure for or
forms the background surface of the sign and which does not project
outward more than 12 inches from such building or structure.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
within three feet of the window, but shall not include graphics in
connection with customary window display of products.
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design for the proposed use of a
single parcel of land as shown on said plan. Plats showing lots, blocks
or sites which are subject to subdivision review and approval pursuant
to authority provided by Article 7 of the Village Law shall continue
to be subject to such review and shall not be subject to review as
site plans under this chapter, except to the extent that development
is proposed for only one lot as resulting from said subdivision.
A particular land use which is permitted within a given zoning
district, subject to conditions imposed to assure that the proposed
use is in harmony with the requirements of this chapter and will not
adversely affect the neighborhood or vicinity if such conditions are
met.
That portion of a building between the surface of any floor
and the surface of the floor next above it, or, if there is no floor
above it, then the space between any floor and the ceiling next above
it. A basement shall be counted as a story for the purpose of height
measurement if the ceiling is more than five feet above the average
adjoining ground level or if it is used for business or dwelling purposes.
A half story is a story under a sloping roof having a ceiling height
of seven feet or more for not more than 1/2 the floor area of the
uppermost full story in the building.
Any right-of-way for a public street or any approved private
right-of-way.
A line separating a lot from a street.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
An establishment where beverages, beer, wine, and/or liquor
are sold to the public for consumption on the premises. Such a use
shall include a minimum food preparation area and menu that satisfies
the New York State Liquor Authority's minimum food requirement, where
applicable.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Includes telecommunications towers, accessory facilities
or structures and/or antennas and any buildings and/or equipment used
in connection with the provision of cellular telephone service, personal
communication services (PCS), paging services, radio and television
services and similar broadcast services.
A communications tower on which one or more transmitting
and/or receiving antennas is located.
Any structure, including but not limited to a pole, windmill
or other such structure, whether attached to a building, guyed or
freestanding, designed and/or used for the support of any device for
the transmission and/or reception of radiofrequency signals, including
but not limited to broadcast, shortwave, citizen's band, FM or television
or microwave, and/or for the support of any wind-driven device, whether
used for energy conservation or not.
A single- or two-family dwelling which is constructed with
at least one wall in common with an adjacent dwelling. Each unit may
be located on a separate lot with zero side yard setbacks.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or the equivalent shall not be deemed to
include any nonconforming use.
The Board of Trustees of the Village of Churchville, New
York.
An unoccupied space on a lot that remains open to the sky.
That area of a lot extending across the entire front of a
lot bounded by the street line and the front building line and between
the two side lot lines.
That area of a lot extending across the entire rear of a
lot bounded by the rear lot line and the rear building line and between
the two side lot lines.
The area between a side building line and its related side
lot line and between the front yard and the rear yard.
The duly designated Board of Appeals of the Village of Churchville
as provided for and established by this chapter.
[1]
Editor's Note: The definition of "sign, lawn," which immediately
followed this definition, was repealed 9-13-2021 by L.L. No. 1-2021.
