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:
ACCESSORY USE OR STRUCTURE
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.
ALLEY
A public or private way affording only secondary means of access to abutting property. "Alleys" may also be known as "courts," places" or "lanes."
ALTERATIONS, STRUCTURAL
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.
AUTO SERVICE STATION
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.
AUTO, TRAILER OR BOAT SALES AREA
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.
AUTO WRECKING
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.
BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Elmira Heights.
[Amended 1-4-1996 by L.L. No. 1-1996]
BUILDING
Any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property.
BUILDING COVERAGE, MAXIMUM
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.
BUILDING HEIGHT
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.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which it is situated.
CODE ENFORCEMENT OFFICER
The administrative officer charged with the duty of enforcing the provisions of this chapter.[1]
DISTRICT OR ZONE
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.
DWELLING
A. 
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.
(1) 
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, except for a mobile home as defined below.
(2) 
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.
(3) 
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.
(4) 
DWELLING, MULTIFAMILYA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building.
DWELLING UNIT
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.
ESSENTIAL SERVICES
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.
FAMILY
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]
FENCE
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.
FLOOR AREA
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.
HOME OCCUPATION
[Added 1-4-1996 by L.L. No. 1-1996]
A. 
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.
B. 
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.
JUNK
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.
JUNKYARD
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.
LOT
A. 
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.
(1) 
LOT, CORNERA lot situated at and abutting the intersection of two streets.
(2) 
LOT, DEPTHThe average distance between the front and the rear lot lines.
(3) 
LOT LINESThe property lines bounding the lot.
(a) 
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
(b) 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
(c) 
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."
(4) 
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]
(5) 
LOT AREAThe computed area contained within the lot lines.
NONCONFORMING LOT
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]
NONCONFORMING USE OR BUILDING
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.
NURSING HOME
Any premises containing sleeping rooms used by persons who are lodged and furnished with meals and nursing care.
PATIO
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.
PERMIT
A. 
A document issued by the proper authority of the municipality authorizing an applicant to undertake certain activities as further defined below:
(1) 
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.
(2) 
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.
PERMITTED USE
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.
PLANNING BOARD
The Planning Board or Planning Commission of the Village of Elmira Heights.
PROFESSIONAL OFFICE
The office of a physician, dentist, optometrist, architect, landscape architect, engineer, insurance man, realtor, accountant, lawyer, author or other member of a recognized profession.
ROOMING HOUSE
A building containing one or more dwelling units and rooms for the rooming and/or boarding of three or more persons for compensation.
SIGN
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]
SIGN, ACCESSORY
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]
SIGN, ADVERTISING
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.
SIGN, GROSS SURFACE AREA OF
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.
SIGN, ILLUMINATED
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]
SIGN, OFF-PREMISES
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]
SIGN, PRINCIPAL BUSINESS
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]
SPECIAL USE
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.
STORY AND HALF-STORY
A. 
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."
B. 
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."
STREET
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.
STRUCTURE
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.
SWIMMING POOL
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.
TEMPORARY OR SEASONAL OCCUPANCY
The use of any premises or structure for living and/or sleeping purposes for 180 days or less in any calendar year.
TRAVEL TRAILER
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.
USABLE OPEN SPACE
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.
VARIANCE
A. 
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.
(1) 
AREA VARIANCEAn authorized departure from the size or shape of lot, yard, building height, building coverage, parking or other regulations governing area requirements.
(2) 
USE VARIANCEAn authorized departure from the requirements governing uses permitted in the zone district.
YARD
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.
YARD, FRONT
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]
YARD, REAR
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]
YARD, SIDE
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.