A.
The following terms are expressed within this chapter
with special meaning as therein applied and no other. Any word or
term not expressly defined in this section shall have the meaning
as defined in a standard dictionary.
B.
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
ALTERATIONS
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENTS
BOARDING- OR ROOMING HOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING, PRINCIPAL
CELLAR
CERTIFICATE OF OCCUPANCY
CLUB, PRIVATE
CLUSTER DEVELOPMENT
COURT
CURB LEVEL
DWELLING
DWELLING, DETACHED
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, ROW
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FENCE
FLAMMABLE LIQUIDS
FLOOR AREA TOTAL
GARAGE, PRIVATE
GARAGE, PUBLIC
HOME OCCUPATION
HOME PROFESSIONAL OCCUPATION
JUNKYARD
KENNEL
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, INTERIOR
LOT LINES
LOT, THROUGH
LOT WIDTH
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
OPEN SPACE
PLANNING BOARD
PLAT
PRINCIPAL USE
PUBLIC BUILDING
RESTAURANT
RIGHT-OF-WAY
SERVICE STATION
SIGN AREA
SIGNBOARD, BILLBOARD, OFF-PREMISE ADVERTISING
SIGN, ON-PREMISE ADVERTISING
SITE PLAN
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC
TEMPORARY USE
TRUE VALUE
USE
YARD, FRONT
YARD, OPEN AREA
YARD, REAR
YARD, SIDE
YARD, SIDE FRONT
ZONING BOARD
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such an accessory use dominate, in area, extent or purpose,
the principal use of building.
A permanent serviceway providing a secondary means of access
to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
Living quarters within a principal building for the temporary
use of guests, which said living quarters shall not be a dwelling
and which are not rented or otherwise leased as a separate dwelling.
In order to qualify as a bed-and-breakfast establishment, the following
criteria must be met:
[Added 4-19-2004 by L.L. No. 3-2004]
A dwelling, other than a hotel or lodging house, where five
or more persons are housed or lodged for hire with or without meals.
Any permanent structure having a roof supported by columns,
piers or walls intended for the shelter, housing or enclosure of persons,
animals or chattel.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal place at ground level.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof for flat roofs, to the deckline of a mansard roof,
and to the average height between the plate and ridge of a gable,
hip or gambrel roof.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade at the
front of the building.
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, but maintaining the density limitation imposed
by said minimum lot area through the provision of open space as a
part of the subdivision plan.
A space enclosed by four walls.
[Added 9-21-1998 by L.L. No. 7-1998]
The officially established grade of the curb in front of
the midpoint of the lot.
A building or portion thereof used exclusively as the residence
or sleeping place of one or more persons.
A dwelling having no party wall in common with another building.
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A building or dwelling unit designed for and occupied exclusively
by one or more persons living as a single, nonprofit housekeeping
unit.
A row of attached or semidetached one-family dwellings or
two-family dwellings containing a total of three or more dwelling
units, or a building in such a row.
A building containing two dwelling units and used exclusively
for occupancy by two families independently of each other, or two
one-family dwellings having a party wall in common.
One or more rooms providing living facilities for one family,
including equipment for cooking, living and sleeping purposes, and
provisions for the same.
One or more persons, related by blood, adoption or marriage,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
[Added 9-21-1998 by L.L. No. 7-1998]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
Liquids having a flash point below 200º F., closed cup
tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum
gas) are those having a flash point below 25º F. Class II flammable
liquids are those having a flash point below 70º F. but not below
25º F.
The sum of the gross horizontal area of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said areas shall be measured between the
inside face of exterior walls, or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
servicing or equipping of automobiles or other motor vehicles.
Any occupation carried on as an accessory use by a member
of the family residing on the premises of a residential lot, and such
family member may employ no more than one nonresident employee.
[Added 4-19-2004 by L.L. No. 3-2004]
The office of a resident member of a recognized profession
when conducted on residential property, such occupations shall include
but not be limited to those of doctors, lawyers, architects, engineers,
artists, ministers and other recognized professional persons with
no more than two nonresident employees being permitted on the same
residential property.
An area, lot or unenclosed shed where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including auto wrecking
or dismantling yards, house wrecking yards, used lumber yards and
places or yards for use of salvaged house wrecking and structural
steel materials and equipment, but not including pawn shops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacture operations, or for the sale, purchase or storage
of used motor vehicles or salvaged machinery to be reused for the
purpose for which originally manufactured.
Any premises on which four or more dogs over six months of
age are kept.
A parcel of land considered as a unit, devoted to a certain
use or occupied by a building or a group of buildings that are united
by a common interest or use, and the customary accessories and open
spaces belonging to the same. A lot within the meaning of this chapter
may or may not be a lot as shown on a subdivision plot or assessment
record.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot areas.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The horizontal distance between the front and rear lot lines,
measured at right angles to its depth at the building line.
A lot other than a corner lot.
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line the front lot line. The rear line shall be the lot line most
distant from the front lot line.
An interior lot having frontage on two parallel or approximately
parallel streets.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same water supply, waste disposal
and electrical conveniences as immobile housing.
[Added 4-24-1972]
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
[Added 4-24-1972]
A parcel of land which has been planned and improved for
the placement of mobile homes.
[Added 4-24-1972]
A building which in its design or location upon a lot does
not conform to the regulation of this chapter for the zone in which
it is located.
A lot of record existing at the date of the passage of this
chapter which does not have the minimum width or contain the minimum
area for the zone in which it is located.
Any use of any building, structure or land existing at the
time of enactment of this chapter which does not conform to the use
regulations of the district in which it is situated.
All that part of a lot not occupied by a building yard or
court.
[1]The Village of Akron Planning Board.
A map, plan or layout of a city, town, village, section or
subdivision indicating the location and boundaries of individual properties.
The main use to which a building or lot is to be used.
A building erected and used solely for religious, educational,
fraternal or governmental purposes.
[2]Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building, or elsewhere on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playing field or park operated by the agency or group 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.
The line determining the street or highway public limit or
ownership.
Any building, structure or land used primarily for the dispersing,
sale or offering for sale of automotive fuels, oils or accessories,
including lubrication of automobiles and replacement or installation
of minor parts and accessories, but not including major repair work,
such as motor replacement or rebuilding, body and fender repair or
painting.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
Any advertising display on which is shown any advertising
for products or business other than those which are sold or have occupancy
on that lot or parcel of land.
A sign shall be deemed to be any advertising display on which
is shown the products sold, the name of the enterprise located on
that lot or parcel of land or any other wording which reflects directly
upon any on-site business or other usage thereof.
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 Planning Board.
That portion of a building between the surface of any floor
and the surface of the floor next above; also any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement shall be counted but a cellar shall not be
counted.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
That line determining the limit of the highway rights of
the public, either existing or contemplated. See "right-of-way."
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, and including exit
facilities.
Anything constructed or erected, which requires permanent
location on the ground or attachment to something having such location.
A swimming pool having a water area of over 50 square feet
and/or containing water 12 or more inches in depth located, placed,
erected, constructed or excavated either at, above or below, or any
combination thereof, the grade level of the ground of a residential
lot. Such facility shall be considered an accessory structure unless
attached to the principal structure, which shall constitute it a part
of the principal structure.
A publicly or privately owned pool, open to the general public
or available on a membership basis, and having appropriate dressing
room facilities, recreation facilities and off-street parking area.
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 buildings incidental to new construction
work.
That dollar amount derived from the assessed value, shown
on the tax card, divided by the State Equalization Rate as shown in
the sample below:
|
ASSESSED VALUE
EQUALIZATION RATE
|
=
|
TRUE VALUE
|
$12,200
61%
|
=
|
$20,000
|
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An open space extending the full width of the lot between
a main building and the front lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of such main building.
The open unobstructed portion of a residential corner lot
area located between the rearmost portion of the structure and the
rear and/or side lot lines.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as hereinafter
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of side yard shall be measured horizontally from the nearest point
of the side lot line to the nearest part of any building.
That area of a corner lot, other than the front yard, facing
the intersecting street.
The officially established Board of Appeals of the Village
of Akron.
A permit issued by the Code Enforcement Officer stating that
the purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements under this chapter
for the zone in which it is located or is to be located.
