Except where specified in the following definitions,
all words used in this chapter shall carry their customary meanings.
Words used in the present tense include the future, the singular number
shall include the plural and the plural the singular; the word "building"
shall include the word "structure," and the word "occupied" or "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used," and the word "shall"
is intended to be mandatory; the word "abut" shall include the words
"directly across from."
As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure subordinate to and located on the same
lot as the principal use or building and serving a purpose customarily
incidental to the use of the principal building.
A public or private way affording only secondary means of
access to abutting property. "Alleys" may also be known as "courts,"
places" or "lanes."
As applied to a building or structure, a change or rearrangement
in the structural parts of a structure, including the walls, columns,
beams, girders, floors, roof or ceiling; or an enlargement, whether
by extending on a side or by increasing in height; or the moving from
one location or position to another; but not including normal maintenance
or minor repairs or improvements.
A building or place of business where gasoline and automobile
accessories are dispensed directly to the motor vehicle trade and
where automotive repair services may be rendered.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, trailers or boats in
operable condition and where no repair work is done.
The dismantling or disassembling of used motor vehicles or
trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
The Zoning Board of Appeals of the Village of Elmira Heights.
[Amended 1-4-1996 by L.L. No. 1-1996]
Any structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property.
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings on a lot (including covered
porches, carports and breezeways, but excluding open patios, parking
areas, swimming pools, tennis courts and other structures which are
open to the sky) by the total area of the lot upon which the buildings
are located.
The vertical distance of a building measured from the average
level of the highest and lowest portion of the building site covered
by the building to the highest portion of the roof.
A building in which is conducted the main or principal use
of the lot on which it is situated.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.[1]
A portion of the territory of the municipality within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
Any building, vehicle or portion thereof designed
or used exclusively as the residence or sleeping place of one or more
persons. The term "dwelling" shall not be deemed to include motel,
rooming house, bed-and-breakfast and/or boardinghouse, hotel, hospital,
nursing home, dormitory, fraternity or sorority house.
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, except for a mobile home as defined below.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls and/or horizontal floors.
DWELLING, MOBILE HOMEA vehicle or movable dwelling structure containing one or more dwelling units so designed that it can be transported on a highway and used for permanent living or sleeping quarters and standing on wheels or on rigid supports or on a foundation, except for a travel trailer as defined herein, but excluding prefabricated homes or sections thereof which, when assembled or combined, are more than 19 feet in width.
DWELLING, MULTIFAMILYA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building.
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
Where a multiple dwelling is designed for or occupied by transients
as defined in the Multiple Residence Law, each four persons for whom
the dwelling is designed or occupied shall be considered as being
equivalent to one family.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings, except telephone booths, firehouses, pump stations, treatment
plants and similar facilities which shall also be considered as "essential
service facilities" hereunder.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Added 1-4-1996 by L.L. No. 1-1996]
A barrier of natural vegetative growth or of other natural
or fabricated materials placed or arranged as a line of demarcation
between lots or to enclose a lot or a part of a lot. For the purpose
of this chapter, a "fence" is a boundary-line fence when the average
center line of the vegetative growth or other materials is established
on the lot within two feet of the lot line.
For the purpose of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants or for service to the public as customers,
patrons, clients or patients as measured by the outside dimension
of the building or portion thereof.
[Added 1-4-1996 by L.L. No. 1-1996]
A business, profession, occupation or trade
conducted for gain or support entirely within a residential building
or a structure accessory thereto, which is incidental and secondary
to the use of such building for dwelling purposes and which does not
change the essential residential character of such building.
The following occupations, among others, shall
be considered "home occupations": hairdresser, barber, doctor, lawyer,
insurance agent, financial consultant, accountant, tutor, artist,
author, surveyor, engineer, architect, licensed massage therapist,
computer consultant, home secretary, contractor, custom dressmaker
or tailor, cosmetologist or desktop publisher.
Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead
or scrap zinc and all other scrap metals and their alloys and bones,
rags, used cloth, used rubber, used machinery, used tools, used appliances,
used fixtures, used utensils, used lumber, used boxes or crates, used
pipe or pipe fittings, used tires and other manufactured goods that
are so worn, deteriorated or obsolete as to make them unusable in
their existing condition, but are subject to being dismantled or processed
for reclamation or salvage.
Buildings, structures or premises where junk, waste or discarded
or salvage materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handled, including automobile wrecking yards, house
wrecking and structural steel materials and equipment yards, but not
including the purchase or storage of used furniture and household
equipment or used cars in operable condition.
A piece or parcel of land occupied or intended
to be occupied by a principal building or a group of such buildings
and accessory buildings or utilized for a principal use and uses accessory
or incidental to the operation thereof, together with such open spaces
as required by this chapter.
LOT, CORNERA lot situated at and abutting the intersection of two streets.
LOT, DEPTHThe average distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT WIDTHThe width of the lot between side lot lines at the required setback line as prescribed by the front yard regulations.
[Amended 1-4-1996 by L.L. No. 1-1996]
LOT AREAThe computed area contained within the lot lines.
A lot which was lawful prior to the adoption, revision or
amendment of this chapter but which fails to conform to the requirements
of the zone in which it is taking place or located by reason of such
adoption, revision or amendment.
[Amended 1-4-1996 by L.L. No. 1-1996]
A building, structure or use legally existing at the effective
date of this chapter or any amendment thereto or a building, structure
or use planned and construction started in compliance with existing
laws prior to the effective date of this chapter or any amendment
thereto and completed within a one-year period after the effective
date of this chapter or amendment thereto and which does not conform
with the permitted or special use regulations of the district in which
it is located. A legally existing use or building which conforms with
the permitted or special use regulations of the district in which
it is located shall be considered a "conforming use" or "building"
even if the yards, area, height, coverage dimensions, off-street parking,
loading or fencing requirements do not conform with the regulations
of this chapter.
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care.
A surfaced area or courtyard designed for outdoor living
purposes as an accessory use to a structure, which shall be completely
unenclosed except for any side which may adjoin a structure or for
any fences, walls, shrubs or hedges. Outdoor areas enclosed by a roof
or awning shall be considered to be a structure.
A document issued by the proper authority of
the municipality authorizing an applicant to undertake certain activities
as further defined below:
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with said use, building or structure.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure or change in use of a structure or parcel of land, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
Any use which does not require special action by the Planning
Board or the Zoning Board of Appeals before a zoning permit is granted
by the Code Enforcement Officer.
The Planning Board or Planning Commission of the Village
of Elmira Heights.
The office of a physician, dentist, optometrist, architect,
landscape architect, engineer, insurance man, realtor, accountant,
lawyer, author or other member of a recognized profession.
A building containing one or more dwelling units and rooms
for the rooming and/or boarding of three or more persons for compensation.
Any letter, number, mark, symbol, picture, exemplary device
and/or banner (each and/or all hereafter referred to by the term "symbol")
positioned in near spatial relationship as a collection/aggregation
thereof expressing an idea, instruction, product, commodity, business,
service and/or other entertainment, and which includes any surface
area or a portion of a structure in immediate proximity to and to
which such symbol is attached, or such structure designed or intended
to be in immediate proximity to and have such symbol attached thereto.
[Added 6-25-2013 by L.L. No. 2-2013]
A sign other than the principal business sign which relates
to the business or profession conducted or to a good or service sold
or offered for sale on the premises.
[Added 6-25-2013 by L.L. No. 2-2013]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located or to which it is affixed.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign or structure and in no case passing
through or between any adjacent elements of the same, but not including
any structural or framing elements located outside the limits of the
display of such sign.
A sign that: 1) incorporates any artificial lighting as an
inherent part or feature thereof or which depends for its illumination
on transparent or translucent materials, electricity or radioactivity
or gaseous material or substance; and 2) is illuminated with artificial
light which is separate from or is not an intrinsic part of the sign
itself.
[Added 6-25-2013 by L.L. No. 2-2013]
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which such sign is located.
[Added 6-25-2013 by L.L. No. 2-2013]
A sign which directs attention to a business or profession
or to a commodity, service or entertainment conducted, sold or offered
upon the premises where such sign is located or to which it is affixed.
[Amended 6-25-2013 by L.L. No. 2-2013]
A use which, because of its unique characteristics, requires
individual consideration in each case by the Board of Appeals to determine
that it meets specific criteria set forth in this chapter.
That portion of a building included between
the surface of any floor, but excluding the basement or cellar, and
the ceiling next above it and having a vertical distance of not less
than seven feet measured along the studs forming the outside wall
of such building. Any such portion of a building having a distance
of less than seven feet shall be considered to be a "half-story."
Portions of a high-rise building which houses
mechanical and other equipment or facilities required to service the
building and which are located on the roof and which do not occupy
more than one-third (1/3) of the roof area shall not be counted as
a "story."
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, way, drive,
boulevard, highway, road and any other thoroughfare, except an alley.
Anything constructed, including a building, the use of which
requires permanent location on the ground or attachment to something
having a permanent location on the ground, including stationary and
portable carports, porches and swimming pools.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above the ground outside any building.
The use of any premises or structure for living and/or sleeping
purposes for 180 days or less in any calendar year.
A vehicle less than 29 feet in length and used for temporary
living or sleeping purposes and standing on wheels and containing
not more than one dwelling unit.
A portion of a lot used for residential purposes, exclusive
of required front and side yard areas, which is not covered by buildings
or parking areas and is suitable for use as outdoor open space for
the residents thereon.
The Zoning Board of Appeals' authorized departure
to a minor degree from the text of this chapter in direct regard to
a hardship peculiar to an individual lot in accordance with the procedures
set forth in this chapter.
AREA VARIANCEAn authorized departure from the size or shape of lot, yard, building height, building coverage, parking or other regulations governing area requirements.
USE VARIANCEAn authorized departure from the requirements governing uses permitted in the zone district.
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground
upward except as specified elsewhere in this chapter.
An open space extending the full width of the lot between
the front line of the principal building and the front lot line.
[Amended 1-4-1996 by L.L. No. 1-1996]
An open space extending the full width of the lot between
the rear line of the principal building and the rear lot line.
[Amended 1-4-1996 by L.L. No. 1-1996]
An open space extending from the front yard to the rear yard
between the side line of the principal building and the nearest side
lot line.
[Amended 1-4-1996 by L.L. No. 1-1996]
[1]
Editor's Note: The former definition of "dump,"
which immediately followed this definition, was deleted 1-4-1996 by
L.L. No. 1-1996.
