Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ABUTTING
Having a common border with or having property or district
lines in common.
ACCESSORY STRUCTURE
A structure, the use of which is incidental, subordinate
or supplemental to that of the principal building located on the same
premises.
ACCESSORY USE
A use which is incidental, subordinate or supplemental to
the principal use on the same premises.
ADDITION
Any attached expansion, either horizontally or vertically,
to an existing building or structure which increases the square feet
area of such building or structure, having a foundation, fully enclosed
structural exterior side walls and a roof.
ATTACHED SINGLE-FAMILY DWELLING
One or more single-family residential buildings having a
party wall separating dwelling units on separate lots (group, row
or townhouse).
BASEMENT
That space within a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established finished grade of the ground abutting
the building.
BED-AND-BREAKFAST
An owner-occupied dwelling unit that accommodates no more
than four guests where lodging, with or without meals, is provided
for compensation.
BED-AND-BREAKFAST INN
An owner-occupied dwelling that accommodates five or more
guests where lodging, with or without meals, is provided for compensation.
BUILDING COVERAGE
The percentage of the lot area covered by the total horizontal
projected surface of all buildings, including accessory structures.
BUILDING HEIGHT
The vertical distance to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the average height
between eaves and the ridge for gable, hip and gambrel roofs, measured
from average finished grade level abutting the building.
CELLAR
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average finished grade of the ground abutting
the building.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
in-ground grave sites, mausoleums and mortuaries when operated in
conjunction with and within the boundaries of such cemetery.
CHURCH
A place where religious worship is conducted and has been
granted a tax-exempt status per the requirements of the Real Property
Tax Law, § 420-a.
CLUSTER OVERLAY DISTRICT
A residential development design technique that concentrates
buildings in specific areas on a site to allow the remaining land
to be used for recreation, common open space and preservation of environmentally
sensitive areas.
COMMERCIAL BUILDING
A structure having a foundation, fully enclosed structural
walls and a roof, intended, arranged or designed to house individuals
for a period of time who are employed in a commerce or trade for profit
by the owner, company or licensee.
CONVENIENCE STORE/MINI-MART
Any retail establishment offering for sale prepackaged food
products, beverages and other goods commonly associated with the same,
including the sale of gasoline at dispensing islands located on the
same premises.
CORNER LOT
A lot abutting on and at the intersection of two or more
streets.
COURT
See "inner/outer court."
CUL-DE-SAC
A local street, one end of which is closed and consists of
a circular turnaround.
DETACHED TWO-FAMILY DWELLING
A residential building containing two dwelling units, separated
by a fire separation, entirely surrounded by open space on the same
lot.
DISTRICT
A portion of the territory of the City, exclusive of streets
and other public ways, within which certain uses of land, premises,
buildings and accessory structures, either expressly or with approval,
are permitted.
DWELLING
A building which contains one or more dwelling units occupied
exclusively for residential uses.
DWELLING, UNIT
One or more rooms physically arranged so as to create independent
housekeeping established for occupancy by one family with separate
toilets and facilities for cooking and sleeping.
EASEMENT
The granted right of a person, government agency or public
utility company to use public or private land owned by others for
a specific purpose.
FAMILY
Any number of individuals living together as a single housekeeping
unit.
FENCE
A structure of material such as wrought iron, chain link,
decorative metal, wood, screen, vinyl, plastic, etc., erected for
purposes of enclosure, division of property or decoration. A fence
must be constructed with industry-accepted materials.
FOUNDATION
The supporting base on which a building/structure rests usually
constructed of concrete, composition block or treated wood and which
is usually partly underground.
FRONT YARD
The yard extending along the full width of a front lot line
between side lot lines and from the front line to the front building
line in depth.
FRONTAGE
The front or frontage of any side of a lot abutting on a
street or public way.
GRADE
The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building
and the property line, or when the property line is more than five
feet from the building, between the building and a line five feet
from the building.
HABITABLE SPACE
Space within a dwelling unit occupied by one or more persons
for living, sleeping, eating or cooking.
HIGH-TRAFFIC OCCUPANCY
Where a combination of more than 61 motor vehicles either
enter or exit the premises during any one hour of peak business operation.
HOME OCCUPATION
An accessory use conducted for financial gain entirely within the principal building and on the same lot as the principal building and is an owner-occupied residential dwelling. (See accessory use limitations, §
640-13B.)
IMPERVIOUS SURFACE
Any material that substantially reduces or prevents the infiltration
of stormwater in the previously undeveloped land. Impervious surfaces
shall include driveways, parking areas and sidewalks.
INDUSTRIAL BUILDING
A structure having a foundation, fully enclosed structural
walls and a roof, intended, arranged or designed to house individuals
for a period of time who are employed in the manufacturing, processing
or a production enterprise for profit by the owner, company or licensee.
INNER COURT
An open, unoccupied space surrounded on all sides by exterior
walls of a building or structure.
JUNKYARD
A parcel of land on which waste materials, such as, but not
limited to, scrap metals, glass, paper, rags, rubber tires, machinery
and inoperative motor vehicles, are bought, sold, dismantled, crushed,
exchanged, stored, processed or handled. An automobile wrecking yard
is also considered a junkyard.
KENNEL
Any structure or land designed, arranged or used to sell,
train, breed, groom or house four or more dogs or cats.
LOT
A parcel of land occupied or intended to be occupied by a
building and accessory structures, together with such open space as
required, having at least the minimum area required for such a lot
in the zone in which such a lot is located having its principal frontage
on a street.
LOT AREA
The total horizontal area included within lot lines exclusive
of any public rights-of-way.
LOT COVERAGE
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of a building
and accessory structures, excluding allowed eaves, balconies and similar
features, by the gross area of that lot.
LOW-TRAFFIC OCCUPANCY
Where a combination of 30 or fewer motor vehicles either
enter or exit the premises during any one hour of peak business operation.
MANUFACTURED/MODULAR HOME
A residential building which is wholly or partly constructed
in a manufacturing facility designed to be transportable in one or
more sections and placed on a permanent foundation which is connected
to required utilities. Such a building shall bear the insignia of
approval by the New York State Fire Prevention and Building Code Council.
MEDIUM-TRAFFIC OCCUPANCY
Where a combination of 31 or more but not more than 60 motor
vehicles either enter or exit the premises during any one hour of
peak business operation.
MOBILE HOME
A residential building built to federal manufactured home
construction standards, known as the "HUD Code," which standards are
administered by the Department of Housing and Urban Development and
contain a HUD insignia thereupon. Such residential dwellings are constructed
wholly or partly in a manufacturing facility to be transportable in
one or more sections on a permanent metal frame which is attached
to an axle and wheels.
MOTOR VEHICLE REPAIR SHOP
A structure or portion of a structure arranged, intended
or designed to be used for making repairs to motor vehicles.
MULTIPLE DWELLING
A building or portion thereof used for occupancy by three
or more families living independently of each other in dwelling units.
NEIGHBORHOOD GROCERY STORE
Any retail establishment offering for sale prepackaged food
products, beverages and other goods commonly associated with the same,
excluding petroleum products. The total square feet area of such buildings
and accessory structures shall be limited to less than 3,500 square
feet gross area.
NONCONFORMING USE
A lawful use of land which existed prior to the adoption
of this chapter, but which fails by reason of adoption to conform
to the use of the district in which it is located.
OUTER COURT
An open, unoccupied space surrounded on three sides by exterior
walls of a building or structure.
PARK
Any public land which is available for recreation, education,
cultural, dedicated or aesthetic use.
PARKING LOT
A parcel of land not within a building or structure where
motor vehicles may be stored for the purpose of temporary, daily or
overnight off-street parking.
PARKING SPACE
An area on a lot, street or within a building intended for
the use of temporary parking of a personal vehicle.
PRINCIPAL BUILDING
A building in which the primary use of the lot on which the
building is located is conducted.
PRIVATE GARAGE
A structure which has a roof and fully enclosed sides for
private use of the owner or occupants of the principal building situated
on the same lot as the principal building for the storage of motor
vehicles with no facilities for mechanical service or repair of a
commercial or public nature.
PUBLIC GARAGE
A structure designed and used for the storage of motor vehicles
operated as a business enterprise with a service charge or fee being
paid to the owner or operator for the parking or storage of privately
owned vehicles.
REAR YARD
The yard extending across the full width of the lot and laying
between the rear lot line and the rear building line.
REPAIR GARAGE
A structure designed and used for the storage, maintenance,
repair or refinishing, including both minor and major mechanical overhauling,
painting and body work.
RESIDENTIAL BUILDING
A structure having a foundation, fully enclosed structural
walls and a roof, intended for the shelter of persons and their property.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, railroad, electrical transmission lines, oil or gas pipeline,
water mains, sanitary or storm sewer lines and similar special use.
SELF-SERVICE STATION
Any premises where gasoline and other petroleum products
are dispensed into motor vehicles by persons other than the service
station attendant and where small quantities of sundries, such as
cigarettes, candy and beverages and similar products, may be sold.
SERVICE STATION
Any premises where gasoline or other petroleum products are
sold and light maintenance activities, such as engine tune-ups, lubrication,
oil changes and similar minor repairs, are conducted.
SIDE YARD
The yard lying between the sideline of the lot and the sideline
of the building and extending from the front yard to the rear yard.
SITE PLAN
A plan, prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land.
STREET
A public thoroughfare used, or intended to be used, for passage
or travel of motor vehicles which affords the principal means of access
to abutting property.
STRUCTURE
An assembly of materials forming a construction framed of
component structural parts, the use of which requires location on
the ground or attachment to something having a location on the ground.
YARD
Any open space located on the same lot with a principal building,
unoccupied and unobstructed from the ground up, except for accessory
structures or such projections as are expressly permitted in these
regulations.