A.
Generally. In the interpretation of this chapter:
(1)
The word "lot" includes the word "plot" or "parcel."
(2)
The term "occupied" or "used," as applied to any land
or structure, shall be construed as though followed by the words "or
intended, arranged or designed to be occupied or used."
(3)
The word "shall" is mandatory and not directory.
(4)
The terms "Planning Board" and "Board of Appeals"
mean the Planning Board and the Village Board of Appeals of the Village,
respectively.
B.
ADULT ENTERTAINMENT USE
(1)
(2)
(3)
(4)
(5)
(a)
(b)
ALTER
APARTMENT HOUSE
AREA, BUILDING
BASEMENT
BED-AND-BREAKFAST BUSINESS
BOARDER
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
CELLAR
DWELLING
DWELLING, MORE-THAN-ONE-STORY
DWELLING, MULTIPLE
DWELLING, ONE-STORY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FARM
FILLING STATION
GARAGE, COMMERCIAL
GARAGE, PRIVATE
HOME OCCUPATION
HOSPITAL
HOTEL
KENNEL
LODGING HOUSE, TOURIST
LOT
LOT, CORNER
LOT WIDTH
MOTEL
NONCONFORMING BUILDING/STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
OWNER-PROPRIETOR OCCUPIED NEIGHBORHOOD BUSINESS
PARKING SPACE
PERSONAL SERVICE SHOP
PROFESSIONAL OFFICE
RESTAURANT
STABLE, PRIVATE
STRUCTURE
USE
USE, ACCESSORY
YARD, FRONT
YARD, REAR
YARD, SIDE
Specific terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following words
shall have the following meanings:
Any of the following:
[1]
An establishment which features topless and/or
bottomless dancers, strippers, performers or employees, male or female.
An establishment having as a substantial or
significant portion of its stock-in-trade, including, but not limited
to, articles of clothing, mechanical devices and accessories which
are distinguished or characterized by the emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined.
An establishment used for presenting or viewing
motion-picture films or other video presentations by whatever means
which are distinguished or characterized by an emphasis on matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas as hereinafter defined.
An establishment used for the lending or selling
of video cassettes or other visual media, including computerized software,
or selling of books, magazines or other publications distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as hereinafter defined.
An establishment used to produce, film or record,
for distribution, sale or other use, any film, video cassettes or
other video presentations or any book, magazine or other publication
distinguished or characterized by an emphasis on matters depicting
or relating to specified sexual activities or specified anatomical
areas as hereinafter defined.
SPECIFIED ANATOMICAL AREASAny of the following:
To change or rearrange the parts of a structure or the exit
facilities thereof, or to enlarge such structure, either by extending
a side or by increasing the height, or to move such structure from
one position to another.
A dwelling occupied by three or more families living independently
of each other and by not more than one boarder with each family, and
having separate kitchen and bathroom facilities for each family.
The horizontal area of a building measured at the ground
level along the exterior of the foundation walls, excluding accessory
buildings, porches, terraces, steps and garages, whether attached
or unattached.
A story partly below grade level but having at least 1/2
of its height (measured from floor to ceiling) above the average finished
grade of the ground adjoining the building.
A private residence in which one to four guest rooms are
made available to a maximum of eight transient visitors, which shall
provide income for the owners of the private residence, at which breakfast
shall be the only meal served and shall be included in the charge
of the room, and which meets all of the requirements of § 160-10B(3)
of this chapter. Bed-and-breakfast businesses shall be permitted in
Residential B, Open Land, Commercial and Industrial Districts, but
only upon the issuance of a special permit by the Minoa Zoning Board
of Appeals after it is satisfied that all the requirements of § 160-10B(3)
have been met.
[Added 1-21-1997 by L.L. No. 1-1997]
A person, other than a servant, residing with a person furnishing
lodging or board and lodging for gain on other than a daily or transient
basis.
A dwelling occupied exclusively by one family and more than
two but less than 10 boarders.
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals or chattels.
A building, the use of which is customarily incidental and
subordinate to that of a principal building and located on the same
lot.
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.
A building in which is conducted the main or principal use
of the lot on which the building is located.
A story partly underground and having more than 1/2 of its
height below the average finished grade of the adjoining ground. A
cellar is not to be used for living space and shall not be considered
in determining the permissible number of stories.
A building designed to be used as the living quarters for
one or more families. The terms "dwelling" or "dwelling unit" shall
not be deemed to include a trailer court or a building used as a boardinghouse,
tourist home, hotel, motel, nursing home or other similar function.
A dwelling having two or more levels, used for living purposes,
exclusive of cellars, basements or garages, and which levels are separated
from one another by a ceiling.
A detached building containing three or more dwelling units.
A dwelling having only one level used for living purposes
separated by a ceiling from any other level, exclusive of a cellar,
basement or garage.
A detached building designated for or occupied exclusively
by one family and not more than two boarders and containing not more
than one dwelling unit.
[2]A detached building containing two dwelling units and designed
or used exclusively for occupancy by two families living independently
of each other, and not more than two boarders with each family, and
having separate kitchen and bathroom facilities for each family, or
family dwellings having a party wall in common.
[3]A building or portion thereof providing complete housekeeping
facilities for one family, including cooking, sanitary and sleeping
quarters.
One or more persons, including servants but excluding boarders,
living as a single, nonprofit housekeeping unit.
A parcel of land of three or more acres used principally
in the raising or production of agricultural products, and the necessary
farm structures and storage of equipment used on the premises.
A building or premises or portion thereof used for the retail
sale of fuel for motor vehicles.
A building or premises used for the storage, repair, rental,
sale and/or servicing of motor vehicles and/or for the retail sale
of fuel for such vehicles.
An enclosed area for the storage of one or more motor vehicles
in which no business, occupation or service is conducted for profit,
other than the rental of space for not more than two cars to nonresidents
of the premises.
Any use customarily conducted entirely within a dwelling,
provided that such use is carried on solely by the residents of the
dwelling; it is clearly incidental and secondary to the use of the
dwelling for dwelling purposes; it does not change the character of
the dwelling; and there is no external evidence of such use except
as permitted in this chapter. Bed-and-breakfast businesses shall not
be considered a home occupation.
[Amended 1-21-1997 by L.L. No. 1-1997]
A building used for the diagnosis, treatment or other care
of human ailments, which term includes a sanitarium, clinic, rest
home, nursing home, convalescent home and institution for mental disorders.
[4]A building designed to provide individual sleeping accommodations
for short-term transient occupants in which more than six rooms are
available for hire, with or without direct outside access, with or
without restaurant facilities and with or without a common entrance,
common heating system or general dining room.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any place at which there are kept three or more dogs more
than six months of age or any number of dogs that are kept for the
primary purpose of sale or for boarding, grooming and/or training
for which a fee may or may not be charged or paid.
[Amended 3-20-2000 by L.L. No. 1-2000]
A dwelling occupied exclusively by one family and not more
than three boarders in which not more than six rooms are rented to
the transient public on a daily basis and food is served only to lodgers.
A parcel of land occupied or capable of being occupied by
one principal building and/or use and the accessory building or uses
to such building or use and having as a minimum, such open spaces
as are required by this chapter.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersections does not exceed
135º. Any lot abutting a curved street where the interior angle
formed by the intersection of lines drawn tangent to the street at
the points of intersection of street and lot lines does not exceed
135º shall also be considered a corner lot. All corner lots are
deemed to have two front yards, two side yards and no rear yards.
The distance between the boundaries of a lot measured at their points of intersection with the street right-of-way line, except in Residential B-1 Districts. In Residential B-1 Districts, lot width is the distance between the boundaries of a lot measured at their points of intersection with a line establishing the required front yard as defined under §§ 160-3 and 160-10.1.
[Amended 1-21-2008 by L.L. No. 1-2008]
A building or group of buildings containing individual sleeping
units, each with direct out-of-door access, and designed primarily
to serve automobile travelers.
A building or structure existing on the date of adoption
of this chapter, as amended, that does not meet the size, dimension
or location requirements of the zoning district in which it is located.
[Added 2-6-2017 by L.L.
No. 1-2017]
A lot of record existing on the date of adoption of this
chapter, as amended, that does not meet the minimum area or dimension
requirements of the zoning district in which it is located.
[Added 2-6-2017 by L.L.
No. 1-2017]
Use of a building/structure or land existing at the date
of adoption of this chapter, as amended, that does not conform to
the use regulations of the zoning district in which it is located.
[Amended 2-6-2017 by L.L.
No. 1-2017]
A business permitted only under Village Board of Trustees issued Special Permit pursuant to § 160-10B(1)(d) of the Village Code.
[Added 2-20-2013 by L.L. No. 3-2013]
An area for temporary storage or parking of motor vehicles,
not less than 180 square feet nor less than eight feet six inches
in width and 18 feet length, having clear height not less than seven
feet, plus provision for ingress, and maneuvering and accessibility
to streets.
An establishment for the sale of services to the general
public, including a beauty shop, barbershop and other similar establishments.
[Amended 3-20-2000 by L.L. No. 1-2000]
The office of an attorney, dentist, physician, real estate broker, insurance broker or a person licensed pursuant to the provisions of Article VIII of the Education Law.
[Amended 3-20-2000 by L.L. No. 1-2000]
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
An accessory building where horses are kept for private use
and not for hire, remuneration or sale.
A combination of materials forming a construction that is
safe and stable, including, among other things, buildings, stadiums,
platforms, radio towers, sheds, storage bins, fences and display signs.
The specific purpose for which any land or building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "uses permitted" or its equivalent shall not include any
nonconforming use.
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot as such
principal use or building.
The ground space on a lot between the curb or edge of street
pavement and the nearest point of the principal building or use, extending
to the side boundaries of the lot and, in residential districts and
Open Land Districts, unoccupied except for fences and/or other decorative
or landscaping uses.
[Amended 11-15-2010 by L.L. No. 5-2010]
The ground space on a lot between the rear line of the lot
and the nearest point of the principal building or use and extending
to the side boundaries of the lot.
The ground space on a lot between the side line of the lot
and nearest point of the principal building or use, extending from
the rear line of the front yard to the front line of the rear yard
and unoccupied adjacent to such side line to the width required for
side yards in the district except for fences and/or other decorative
or landscaping uses.
