Village of Thomaston, NY Article I Definitions

§ 203-1 Definitions and word usage.

A. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; and the word "building" includes the word "structure."

B. For the purpose of these regulations, each of the independent units into which a building is divided by party walls, except in group garages, shall be regarded as a separate building.

C. Certain words in this chapter are defined for the purposes thereof as follows:

ACCESSORY BUILDING

A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

ALTERATION

As applied to a building, structure or lot, any change in use or rearrangement of the structural parts; alterations of or additions to sanitary plumbing; vertical or horizontal enlargement of structure; or relocation of a structure from one location to another. The term "alteration" does not include ordinary repair or maintenance or replacement of parts of buildings or structures involving no structural or plumbing changes.

[Amended 8-12-1985 by L.L. No. 8-1985]

APARTMENT HOUSE

A residence building accommodating three or more families living independently of each other and allowed to do their own cooking on the premises.

BASEMENT

A story partly underground but having at least 1/2 of its height, measured from finished floor to finished ceiling, above the curb level or mean level of the ground (as those phrases are used in the definition of "height of building" hereof) at the center of the street front.

BUILDING AREA

Determined by measuring around the exterior of the foundation walls or foundation structure of buildings and includes the floor area of porches.

BUILDING LINE

An imaginary line running across the entire width of a lot beyond which the foundation wall and/or any enclosed porch, vestibule or any such portion of a building that faces the street frontage does not project.

CELLAR

A story having more than 1/2 of its height, measured from finished floor to finished ceiling, below the curb level or mean level of the ground (as those phrases are used in the definition of "height of building" hereof) at the center of the street front.

COURT, INNER

An open, unoccupied space on the same lot with a building, not extending to either the street or the rear yard.

COURT, OUTER

An open, unoccupied space on the same lot with a building, extending to either the street or the rear yard.

DEPTH OF LOT

The mean distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

DEPTH OF OUTER COURT

The distance which it projects into the building from the outer wall thereof. The "width of an outer court" is its other horizontal dimension.

DWELLING, SINGLE-FAMILY

A building designated for or occupied for one dwelling unit. The term "single-family dwelling" shall include the term "single-family residence."

[Amended 2-8-1988 by L.L. No. 1-1988; 6-12-1989 by L.L. No. 17-1989]

DWELLING, TWO-FAMILY

A building designated for or occupied for two dwelling units. The term "two-family dwelling" shall include the term "two-family residence."

[Amended 6-12-1989 by L.L. No. 17-1989]

DWELLING UNIT

An area of a building designated for and occupied as a home or residence for not more than one family and which includes not more than one kitchen.

[Added 6-12-1989 by L.L. No. 17-1989]

EDUCATIONAL USE

A use operated other than for profit and which provides full-time day instruction and a course of study which meets the requirements of New York State Education Law §§ 3204, 3205 and 3210; or is a nursery school or kindergarten whose annual session does not exceed the school sessions for full-time day schools prescribed in New York State Education Law § 3204 and which is operated by a Board of Education, any established religious organization as part of an elementary school or under a permit issued pursuant to New York Health Code § 47.03. An "educational use" permitted by this chapter must have a curriculum, a plant consisting of adequate facilities and a qualified staff to carry out its educational objectives. The owner and operator of any "educational use" shall be a tax-exempt organization pursuant to the Internal Revenue Code, as evidenced by a ruling or determination letter from the Internal Revenue Service.

[Added 11-27-1990 by L.L. No. 9-1990]

FAMILY

One or more persons, including household servants, living and cooking together in a unit which is the functional and factual equivalent of a traditional permanent familial unit with the cohesiveness of a traditional family and which is not a group of transients, boarders or persons in a temporary living arrangement. The term "family" shall also include any housekeeping unit defined by state law as a single-family residential use.

[Amended 6-12-1989 by L.L. No. 17-1989]

FLOOR AREA

The sum of the gross areas of the several floors of a building, measured from the exterior faces of exterior walls. In particular, "floor area" shall consist of:

[Added 2-8-1988 by L.L. No. 1-1988; amended 8-8-1988 by L.L. No. 5-1988]

(1) Any story or portion of a story with at least 1/2 of its height, measured from floor to ceiling, above the average adjoining finished grade.

(2) That portion of any attic space, whether or not a floor has been laid, that provides structural headroom of seven feet six inches or more.

(3) Floor space in interior balconies or lofts.

(4) Floor space in roofed terraces, roofed exterior balconies or roofed porches, if more than 50% of the perimeter thereof is enclosed by other than a parapet not higher than three feet eight inches, or a railing not less than 50% open and not higher than four feet six inches.

(5) The floor space in any portion of a parking garage that is located beneath any floor space that qualifies otherwise as "floor area" hereunder.

FLOOR AREA RATIO

The total floor area, as defined herein, on a lot divided by the area of that lot. As applied to all lots, buildings and structures in Residence R-10, Residence R-9, Residence R-8, Residence R-7 and Residence R-6 Districts on and after January 1, 2019, the term shall mean the total floor area, as defined herein, on a lot divided by the sum of that portion of the area of that lot that is located within 100 feet of the street providing access to the lot and 20% of the area of any portion of the lot located farther than 100 feet from such street.

[Added 2-8-1988 by L.L. No. 1-1988; amended 8-8-1988 by L.L. No. 5-1988; 12-10-1990 by L.L. No. 13-1990; 9-14-2020 by L.L. No. 2-2020]

GARAGE

(1) COMMUNITY OR GROUP GARAGE A garage which is one story in height, used for the storage of automobiles in separate units, or with a common means of access, and not used for service or making repairs to automobiles.

(2) PRIVATE GARAGE A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot and for the storage of not exceeding two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobile or automobiles of the owner or tenant are stored.

(3) PUBLIC GARAGE A building, other than a private garage, one or more stories in height, used for the storage or repair of automobiles.

(4) The term "garage" shall in all cases refer to an area of a building or structure enclosed on all sides, including doors and including a roof or ceiling over the entire area. The term "garage" shall not include a carport.

[Added 10-16-1989 by L.L. No. 14-1989]

HEIGHT OF BUILDING

In all districts, measured from the mean level of the curb adjoining the building as it has been established or, in case it has not been established or there is no curb, from the mean crown of the road adjoining the building.

[1]

HOTEL

A residence building differing from an apartment house in that it is built for transient instead of permanent residence and individuals or families are not allowed to do their own cooking on the premises.

LOT

A parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such building.

LOT AREA

The area of a lot on which a building and its accessories are located.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT WIDTH

On an interior lot, the distance between side lot lines; on a corner lot, the distance between the side lot line and the street line opposite thereto.

[Added 2-8-1988 by L.L. No. 1-1988]

NONCONFORMING LOT OR BUILDING

A lot or building of which the area, floor area ratio, building area, street frontage, height, width, side yard, rear yard, front yard or other dimensional aspect or as to which the accessory buildings, signs, off-street parking or off-street loading was not in violation of any provision of this chapter at the time such dimensional aspect or other specified characteristic was established but which aspect or characteristic does not conform to existing requirements of this chapter.

[Added 1-10-1983 by L.L. No. 2-1988;[2] amended 1-9-1989 by L.L. No. 1-1989]

NONCONFORMING USE

The use of a building or lot which is prohibited by this chapter for buildings or lots in the district in which such building or lot is located but which was a lawful use for such building or lot at the time such use was established.

[Added 1-10-1983 by L.L. No. 2-1983; amended 1-9-1989 by L.L. No. 1-1989]

RELIGIOUS USE

A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held and which is operated other than for profit, including parish houses and religious school buildings and uses customarily accessory thereto. The owner and operator of any "religious use" shall be a tax-exempt religious organization pursuant to the Internal Revenue Code, as evidenced by a determination letter or ruling from the Internal Revenue Service.

[Added 11-27-1990 by L.L. No. 9-1990]

RESTAURANT

A use in a building having as its sole purpose the preparation of food and beverages to be served only to seated patrons in a completely enclosed portion of such building. Such food and beverages must be consumed inside furnished dining areas in such building. Such use and such building shall not include or provide any form of live entertainment, live music or dancing by employees, customers, patrons or others. A "restaurant" shall not be construed to include as a primary or accessory use any form of drive-in, diner, stand-up, take-out or counter service of any type, delicatessen, open-front or curb-service eating establishment or any form of tavern, bar, cabaret, cocktail lounge, dance hall, discotheque, game room, video parlor, nightclub or similar or other entertainment establishment.

[Added 6-14-1982 by L.L. No. 1-1982]

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, movement, sound, fixtures, colors, illumination or projected images. The term "sign" shall include any text, symbol, lights, marks, letters or figures painted or otherwise displayed on or incorporated in the composition of the exterior facing of a building or structure. The term "sign" shall not include any such object, device, display or structure, or part thereof, erected or installed by lawful direction of a governmental entity.

[Added 1-10-1994 by L.L. No. 1-1994]

SINGLE-FAMILY DWELLING, SEMIDETACHED

A single-family dwelling which is attached to and separated by a vertical wall from not more than one other semidetached single-family dwelling.

[Added 12-10-1990 by L.L. No. 13-1990]

STORY

That part of any building comprised between the level of one finished floor and the level of the next higher finished floor, or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. A basement shall be counted as a "story," but a cellar shall not be counted as a "story."

STREET LINE

The dividing line between the street and the lot.

[3]

YARD

An open, unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

(1) FRONT YARD A yard across the full width of the lot, extending from the front wall of the building to the front line of the lot.

(2) REAR YARD A yard across the full width of the lot from the rear wall of the building to the rear line of the lot.

(3) SIDE YARD A yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.

YARD LINE, FRONT

A line drawn parallel to the street line at a distance therefrom equal to the minimum required depth of the front yard.

[Added 2-8-1988 by L.L. No. 1-1988]

[1] Editor's Note: The former definition of "home occupation or customary home occupation," which immediately followed this definition, was repealed 3-25-1997 by L.L. No. 6-1997.

[2] Editor's Note: This local law also repealed the former definition of "nonconforming building or use."

[3] Editor's Note: The definition of "two-family dwelling", which immediately followed this definition, was amended and moved 6-12-1989 by L.L. No. 17-1989. See now "dwelling, two-family."