This chapter shall be known and may be cited as the "City of
Ogdensburg Zoning Ordinance."
Enactment of this chapter is pursuant to § 20 of the
General City Law for the State of New York.
A.
This chapter shall apply to the construction, erection or location
of any new building or use; the expansion or addition that would alter
the exterior dimensions of an area occupied by an existing building
or use; and the introduction, expansion or change of any use as provided
for in the City of Ogdensburg.
B.
This chapter authorizes and empowers those duly appointed or delegated
by the City Council of the City of Ogdensburg to approve or disapprove
building permits, certificates of occupancy, sign permits, site development
plans and variance applications.
C.
Whenever the requirements of this chapter are at variance with the
requirements of any lawfully adopted rules, regulations or ordinances,
such as the New York State Uniform Fire Prevention and Building Code,
the most restrictive or those imposing the higher standards shall
govern.
This chapter is designed to serve the general purposes of promoting
public health, safety and welfare in accordance with the community
plan for the development and growth of Ogdensburg. In particular,
this chapter is intended to further the following community goals
and objectives:
A.
Goal 1: Take full advantage of the improving economic conditions
in the City by encouraging compatible growth while developing the
unique character of the community and preserving its most valued aspects.
B.
Goal 2: Maintain and improve the quality of residential neighborhoods
of the City.
C.
Goal 3: Develop the infrastructure of the City to permit continued
orderly and efficient growth and to distribute the cost of capital
improvements more effectively.
D.
Goal 4: Preserve and enhance the aesthetics of the City.
E.
Goal 5: Enhance and encourage public access to the waterfront of
the community.
F.
Goal 6: Enhance and encourage public recreational opportunities.
G.
Goal 7: Enhance and encourage community services and facilities providing
community services.
Application and permit fees shall be paid according to the fee
schedule that may be established by resolution of the City Council
and amended from time to time.
The following definition of words and terms shall be used in
the interpretation, administration and enforcement of this chapter:
A structure subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building. Examples include, but are not limited to, garages, sheds,
boathouses, fences, swimming pools and satellite dish antennas.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
The raising of agricultural crops, dairy and/or livestock
products, except where such is an accessory and noncommercial garden
to a principal residential use on the same lot. The term includes
the necessary farm structures within the prescribed limits and the
storage of equipment used on the premises.
A change or rearrangement in the structural parts or in the
entrance and 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.[1]
Business devoted to the sale of a work of art, agricultural
implement, piece of furniture or decorative object made at least 25
years ago.
A request for a review of the interpretation of any provision
of this chapter or an appeal of a decision of the Zoning Administration
Officer or the Code Enforcement Officer.
[Amended 10-22-2007 by Ord. No. 10-2007]
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
Enclosed place for the production and sales of crafts and
arts produced on site.
A business structure or facility designed or intended primarily
for the washing of automobiles, including conveyor, drive-through
and self-service types.
A structure of canvas, metal, etc., extended before a window
or door or over a patio, deck, etc., as protection from the sun or
rain or for aesthetic value of the building.
[Added 5-10-1993 by Ord.
No. 6-1993]
See "tavern."
The flood having a 1% chance of being equaled or exceeded
in any given year.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner-occupied place of lodging that has four guest rooms
or fewer, and may serve meals only to guests.
A dwelling, or part thereof, in which lodging is provided
for a fee by the owner or operator to not more than eight boarders.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into entirely separate parts extending from the ground up, each part
so divided is deemed a separate building. See also "gross floor area,"
"accessory structure" and "principal building."
That side of any building facing a public street.
A permit issued by the Code Enforcement Officer pursuant to this chapter or Chapter 97 of this Code[2] that authorizes the recipient to make use of property in accordance with the requirements of this chapter. Building permits issued pursuant to this chapter shall comply with and be subject to all of the requirements of Chapter 97 of this Code.
[Amended 10-22-2007 by Ord. No. 10-2007]
The vertical distance measured from the established grade
at the street center line or, if no grade has been officially established
on the street, measured from the average level of the proposed finished
grade across the front of the building to the highest point of the
roof for flat roofs, to the deck line of mansard roofs, and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The total ground area covered by a principal building, accessory
structures and parking, and including outdoor display and storage
areas integral to the business.
A parcel of land on which three or more campsites are located
and maintained as temporary living quarters.
A covering over gas pumps as required by law.
[Added 5-10-1993 by Ord.
No. 6-1993]
The commercial use of a building or portion of a building
for washing of automobiles or other motor vehicles.
A certificate jointly issued by the Director of Planning and Development and the Code Enforcement Officer pursuant to Chapter 97 of this Code[3] stating that a structure or the use of land is in compliance
with any approved site plan, conditions on approval and is in compliance
with this chapter.
[Amended 10-22-2007 by Ord. No. 10-2007]
Any place devoted to organized worship on a regular basis.
Establishments furnishing point-to-point communication services
whether by wire or radio, either aurally or visually, including radio
and television broadcasting and the exchange of messages, including
necessary aerials and towers.
The mining of minerals, including sand and gravel, primarily
for gain, not including extraction operated for the noncommercial
use of the landowner. The term also includes quarrying; milling, such
as crushing, screening, washing and flotation; and other preparation
customarily conducted at the mining site or as part of a mining operation.
A recreational facility designed and equipped for the conduct
of sports and other leisure-time activities which is operated as a
for-profit business and open to the public for a fee.
Establishments primarily providing services, as opposed to
products, to the general public, including but not limited to personal
services, business services, repair services (except motor vehicle
repair), educational services, social services and legal, accounting,
engineering and other professional services, and including laundromats.
A supportive living facility with four to 14 residents or
a supervised living facility subject to licensure by the Office of
Mental Health or the Office of Mental Retardation and Developmental
Disabilities, which provides a residence for up to 14 mentally disabled
persons, including residential treatment facilities for children and
youth.
[Amended 12-7-1992 by L.L. No. 3-1992]
Enclosed place for the production and sales of crafts and
arts produced on site.
Any care arrangement for persons under the age of 18 or over
the age of 60 that provides day care on a regular basis for more than
four hours per day for more than five persons, for payment or reimbursement.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations.
Vehicle travel lane between a public road and a parking area,
not including field entrances. A divided driveway is so designed that
traffic entering it is separated from traffic leaving it by a raised
median or other physical barrier and is considered a single driveway
unit.
A building, or portion thereof, providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities.
A building or group of buildings in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
See "multiple-family dwelling."
See "single-family dwelling."
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
any other unit by one or more common fire-resistant walls.
See "two-family dwelling."
A grant of one or more property rights by the property owner
to and for the use of the public, a corporation or another person
or legal entity.
A structure designed for long-term residential use. For the
purposes of these regulations, factory-built housing consists of three
types: modular, mobile homes, and manufactured homes.
[Amended 10-24-2005 by Ord. No. 7-2005]
One or more persons occupying the premises, living as a single
housekeeping unit, as distinguished from a group occupying a boardinghouse,
lodging house, club, fraternity, hotel or commune.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
A driveway serving a farm yard, cultivated or uncultivated
field, timberland or undeveloped land, and not used for commercial,
residential or industrial purposes.
An unmapped zoning district, such as a planned development district, which is fixed on the Zoning Map only after an application for the establishment for such a district is approved by the City Council. See Article IX, Planned Development District (PDD).
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland waters
and/or unusual accumulation or run-off of surface waters.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected before burial
or cremation.
Events known by various names, including "lawn sale," "porch
sale," "barn sale" or "rummage sale." "Garage sales" are sales of
tangible personal property held on the premises of the owner, conducted
for no more than four days in any calendar year, and realizing not
more than $1,000 in annual gross receipts.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein or space for more than one car is leased to a nonresident
of the premises.
A building, or part thereof, used primarily for the storage,
hiring, selling, greasing, washing, servicing or repair of motor-driven
vehicles, operated for gain.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof. The term "gasoline station"
shall be deemed to include filling station and service station.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential use and the area of bays, dormers,
roofed porches and roofed terraces. All dimensions shall be measured
between exterior faces of walls.
Any building or structure which is structurally unsafe, unsanitary,
constitutes a fire hazard, harbors vermin or is otherwise dangerous
to human life or uses which, in relation to existing conditions, constitutes
a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence or abandonment.
Those materials defined and listed by the New York State
Department of Environmental Conservation in the most recently published
version of 6 NYCRR Part 371, Identification and Listing of Hazardous
Wastes.
[Amended 12-7-1992 by L.L. No. 3-1992]
Unless otherwise specified, the term "health care facility"
shall be deemed to include a hospital, clinic, rest home, nursing
home, sanitarium or any other place for the diagnosis, treatment and/or
other care of human ailments, addictions, developmental disability
or old age.
Establishment engaged in the retail sale of food or personal
care products to the general public for personal or household consumption,
excluding all alcohol and tobacco related products. Additionally permitted
is retail food service for off-premises consumption to the extent
that the New York State Department of Health does not require licensing
for said food service.
[Added 2-10-1997 by L.L.
No. 97-2]
A business operated out of a home; specifically, it is defined as an accessory occupation or business activity which results in a product or service for financial gain that is conducted in whole or part on the residential premises. See § 221-37, Accessory uses and structures.
An institution providing health services, birthing services
and medical or surgical care to persons suffering from illness, disease
or injury.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term stays
necessary for veterinary care.
A facility offering transient lodging accommodations to the
general public for a fee.
An owner-occupied place of lodging that has 12 guest rooms
or fewer, and may include a public tavern and restaurant which also
serve nonguests.
Any area, lot, land, parcel, building or structure, or part
thereof, on which waste material, scrap metal, discarded goods, materials,
machinery, or three or more unregistered, inoperable motor vehicles
or other types of junk are collected, stored, salvaged or sold.
[Amended 9-25-2000 by Ord. No. 10-2000]
Any lot, premises or structure on or in which six or more
canines, more than six months of age, are housed for commercialization.
An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public.
An establishment engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products and the blending
of materials inside an enclosed structure.
Agricultural animals raised for direct human consumption
or use or for the consumptive use of their body parts or products,
including eggs, milk, hair, hide and meat, specifically including
hogs, horses, ponies, cattle, deer, sheep, goats, fowl and fur-bearing
animals.
An off-street space or berth, no smaller than a parking space,
used for loading or unloading of vehicles.
A parcel of land considered as a unit, occupied or capable
of being occupied by a principal building or use and accessory buildings
or uses, or by a group of buildings united by a common use or interest.
The total area included within lot lines of a lot excluding
any highway rights-of-way.
The percentage of the lot area that is occupied by the ground
area of a building and its accessory buildings or structures, if any,
but excluding driveways and open parking spaces and parking lots.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The property lines bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way. Corner lots have two front lot lines.
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.
The distance between side lot lines measured parallel to
the front setback line at a distance from the front lot line equal
to the front setback specified for the district.
A lot located at the intersection of and fronting on two
or more intersecting streets, and having an interior angle at the
corner of the intersection of less than 135°.
A residential dwelling built in accordance with the Federal
Manufactured Home Construction and Safety Standards which became effective
June 15, 1976, and that meets the following compatibility standards,
when assembled:
[Added 10-24-2005 by Ord.
No. 7-2005]
Model year. The model year of the manufactured home shall be
no more than 72 months preceding the placement and assembly of the
unit on any lot.
Minimum width. All manufactured units shall have a minimum width
on the narrowest point not less than 24 feet nor less than 40 feet
in length when assembled. Where the architectural style proposed includes
something less than 24 feet, a variance must be obtained from the
Zoning Board of Appeals.
Minimum roof pitch. Except for authorized accessory structures,
the pitch of the main roof shall be not less than three feet of rise
for each 12 feet of horizontal run with eave projections of at least
12 inches and no greater than 30 inches. Such roof material shall
be nonreflective in nature.
Exterior material. The exterior material of the manufactured
home shall be similar to that customarily used in site-built residential
structures. Siding materials shall be nonreflective in nature.
Exterior foundation. The manufactured home shall be secured
to a permanent foundation of masonry construction and shall have a
minimum of four windows, each no smaller than 32 inches in width and
15 inches in height.
Placement. Every manufactured dwelling shall be placed so that
the apparent entrance or front of the home faces or parallels the
principal street frontage.
All building setbacks, parking, coverage, height, and sign requirements
of the district shall apply.
Any piece of real property under single ownership or control
for which the primary purpose is the placement of two or more manufactured
homes for permanent residential dwellings and for the production of
income. A manufactured housing community does not include real property
used for the display and sale of manufactured units, nor does it include
real property used for seasonal recreational purposes only, as opposed
to year-round occupancy.
[Added 10-24-2005 by Ord.
No. 7-2005]
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, production of goods and the blending or packaging
of materials.
A place where the transfer between modes of transportation
takes place or any premises for the transient housing or parking of
buses, trains or ride-sharing vehicles and the loading and unloading
of passengers.
Premises and buildings devoted to a membership organization
catering to members and their guests for educational, political, recreational,
athletic or charitable purposes. For the purposes of this chapter
"membership club" shall include lodges, fraternal organizations and
other like nonprofit organizations; however, if such uses serve alcoholic
beverages to the general public on a regular basis such use shall
be treated as a tavern.
A residential dwelling that was fabricated in an off-site
manufacturing facility, designed to be a permanent residence, built
prior to enactment of the Federal Manufactured Home Construction and
Safety Standards which became effective June, 15, 1976, and approved
by the Planning Board as meeting the following compatibility standards,
when assembled:
The minimum width of the mobile home at its narrowest point
shall be not less than 28 feet nor less than 40 feet in length.
The mobile home shall have a sloping roof with not less than
3/12 pitch with eave projections of at least four inches. The roof
shall be constructed with composite shingles or other materials customarily
used in site-built residential structures. Such roof shall be nonreflective
in nature.
The exterior material of the mobile home shall be similar to
that customarily used in site-built residential structures. Siding
materials shall be nonreflective in nature.
The exterior covering material of the mobile home shall extend
to the ground, except where a solid concrete or masonry perimeter
foundation is used, in which case the exterior covering material need
not extend below the top of the foundation.
The mobile home shall be secured to a permanent foundation constructed
of masonry or meeting the definition of foundation-grade pressure-treated
materials.
The exterior foundation shall have a minimum of four windows,
each no smaller than 32 inches in width and 15 inches in height.
The mobile home shall bear the seal of the HUD label, manufacture
serial number, model unit and be no older than three years from the
date of application for a building permit.[6]
A structure intended for residential use and manufactured
off-site in accordance with the New York State Building Code.[7]
[Amended 10-24-2005 by Ord. No. 7-2005]
See "hotel."
A building, portion of a building or use of land used for
making repairs to motor vehicles, including body work and painting,
for commercial gain.
A building or portion thereof designed for year-round occupancy,
containing separate dwelling units for three or more families living
independently of each other, other than hotels, motels, camps and
rooming houses.
A lot which was lawful prior to the adoption or amendment
of this chapter but which does not now conform to the area and/or
dimensions required in the district in which it is situated by reason
of such adoption or amendment.
[Amended 12-7-1992 by L.L. No. 3-1992]
Use of a building or of land which was lawful prior to the
adoption or amendment of this chapter, but which does not conform
to the regulations for the district in which it is situated by reason
of such adoption or amendment.
[Amended 12-7-1992 by L.L. No. 3-1992]
A proprietary facility, licensed or regulated by the State
of New York, for the accommodation of convalescents or other persons
who are not acutely ill and not in need of hospital care, but who
require skilled nursing and related medical services.
A room or group of rooms used for a business or profession
or for the management functions of an industry or service.
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise, unregistered motor vehicles, recreational vehicles of
any kind, or lawn mowers.
[Added 10-22-2007 by Ord.
No. 10-2007]
The keeping, in any unroofed area, of any goods, junk, materials,
merchandise or vehicles for more than 72 hours.
An off-street, ground-level area, usually surfaced and improved
for the temporary storage of motor vehicles in operating condition.
A space designated for the parking of one motor vehicle,
measuring a minimum of 10 feet in width and 20 feet in length, not
including any required maneuvering aisle, vehicle circulation, public
road or right-of-way.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
A commercial establishment primarily engaged in providing
services involving the care of a person and his or her apparel such
as laundries, barbershops, photo studios, etc.
A minimum sized tract of land in single ownership, or controlled
by an individual, partnership, cooperative or corporation, designed
for and capable of being used for one or more residential, commercial,
industrial or recreational uses in a unified site design for the entire
district.
A map representing a tract of land showing boundaries and
location of individual properties and streets.
A final map drawn by a licensed engineer showing a proposed
subdivision, including all detailed information required by New York
State law and this chapter, which is submitted to the Planning Board
and if approved, filed with the County Clerk.
A preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board for consideration
and preliminary approval.
The primary or predominant use of any lot.
A structure intended for bathing or swimming purposes made
of concrete, masonry, metal or other impervious material, having a
depth of more than three feet and owned and maintained by an individual
for exclusive use by his family and friends.
The advertisement of a public hearing or meeting in a paper
of general circulation in the area, indicating the time, place and
nature of the public hearing or meeting.
A building, structure or use owned and operated by a utility,
governmental agency or nonprofit organization to provide a public
service. Examples include, but are not limited to, a library, a post
office, a museum, a community center, a fire house and public utilities.
Telephone, electric and cable television lines, poles, equipment
and structures, water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and relaying stations; and other facilities, equipment and structures
necessary for conducting a service by a government or a public utility.
Telephone, electric and cable television lines, poles, equipment
and structures; water, sewer or gas pipes, mains, valves and structures;
pumping and exchange stations, and other facilities necessary for
conducting such services.
A recreational facility operated as a for-profit business
and open to the public for a fee.
A recreational facility open to the general public at no
charge or a subsidized charge.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities.
A mobile recreational unit, including travel trailer, motor
home, pickup camper, converted bus, tent-trailer, camper trailer,
tent or similar device used as a temporary portable house, boats,
boat trailers, snowmobile trailers and snowmobiles or other recreational
vehicles and devices.
Materials, including but not limited to metals, glass, plastic
and paper, which are intended for reuse, remanufacture or reconstitution
for the purpose of using the altered form. "Recyclable material" does
not include refuse or hazardous material.
A center for the acceptance by donation, redemption or purchase
of recyclable materials. Collection facilities may include boxes or
containers transported by trucks, vans or trailers, and used for the
collection of recyclable materials.
A facility that is not a junkyard, where recoverable resources
such as acceptable newspapers, magazines, books, and other paper products,
glass, plastic and metal cans are collected, stored, flattened, crushed
or bundled, essentially by hand within a completely enclosed building.
A "recycling facility" does not include storage containers or processing
activity located on the premises of a residential, commercial or manufacturing
use and used solely for the recycling of material generated by that
residential property, business or manufacturer. "Recycling facilities"
may include a recycling collection facility and a recycling processing
facility.
[Amended 9-25-2000 by Ord. No. 10-2000]
A building or enclosed space used for the collection and
processing of recyclable materials. "Processing" means the preparation
of material for efficient shipment, or to an end-user's specifications,
by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning and remanufacturing.
A commercial establishment where food and drink are prepared,
served and consumed primarily within the principal building.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption.
A type of amendment to this chapter that changes the zoning
classification of particular lots or parcels of land.
A strip of land occupied or intended to be occupied by a
street, trail, railroad, electric transmission line, gas pipeline,
water main, sanitary or storm sewer or for any other special use.
A seasonally used structure where fresh produce such as fruits
and vegetables and other farm produce may be purchased.
See "junkyard."
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
The distance between the lot line and the line of any building
or any projection thereof, excluding uncovered steps, decks and porches.
That line that is the required minimum distance from the
street right-of-way line or any other lot line that establishes the
area within which the principal structure must be erected or placed.
The minimum required depth of an open space extending the
full width of a lot between any building and the front lot line and
measured perpendicular to the building at the closest point to the
front lot line.
The minimum required depth of an open space extending across
the full width of a lot between the principal building and the rear
lot line, and measured perpendicular to any building at the closest
point to the rear lot line.
The minimum required depth of an open space extending from
the front yard to the rear yard between the principal building and
the side lot line measured perpendicular from the side lot line to
the closest point of the principal building.
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
a unified project, which provides on-site parking for customers.
Any device affixed to, painted or represented directly or
indirectly upon a building, structure or land and which directs attention
to an object, product, place, activity, person, institution, organization
or business. (This definition shall not apply to any flag or insignia
of a government or government agency, school or religious group, nor
any official traffic control device.)
The total area of the smallest rectangle or triangle which
encloses the extreme limits of the writing, representation, emblem
or other display, together with any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but
not including any supporting framework or bracing that is clearly
incidental to the display itself.
[Amended 9-29-1992]
A detached building designed for occupancy by one family
only, other than a mobile home, recreational vehicle, camp or any
temporary structure.
An accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting major characteristics of proposed development. See Article XV, Site Plan Review.
A rough sketch map of a proposed subdivision or site plan
of sufficient accuracy to be used for the purpose of discussion by
the Planning Board.
A public or private way which affords the principal means
of access to abutting property.
The width of the road right-of-way measured at right angles
to the center line of the street.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A combination of materials assembled, constructed or erected
at a fixed location, including for examples, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground. See "accessory structure" and "building."
The division of any parcel of land into three or more lots,
plots, sites or other division of land for the purpose of transfer
of ownership or for building development, and including resubdivision
of all or in part of any plat, filed or unfiled, which is entirely
or partially undeveloped. Any division of land creating a new street
shall be considered a "subdivision."
A subdivision of five or more lots and/or any subdivision
which requires the extension of municipal facilities or construction
of a new street.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or, if the building
has been damaged, before the damage occurred.
An establishment licensed by the state. A state licensed
establishment used primarily for the serving of alcoholic beverages
by the drink to the general public and where food or packaged liquors
may be served or sold as accessory to the primary use.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
A building or part of a building devoted to showing video
or motion pictures or for dramatic, musical or live performances.
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of material,
goods or objects, or as a temporary office.
[Amended 10-24-2005 by Ord. No. 7-2005]
A detached building designed for occupancy by two families
living independently of each other, other than a mobile home, recreational
vehicle, camp or rooming house.
The New York State Building Code, the New York State Residential
Code, the New York State Fire Code, the New York State Property Maintenance
Code, and the New York State Mechanical and Plumbing Code, all as
currently in effect and as may hereafter be amended from time to time.
[Added 10-22-2007 by Ord.
No. 10-2007]
The activity or function that actually takes place or is
intended to take place on a lot.
A departure from the provisions of this chapter relating
to yard, lot area, height, frontage requirements and/or use of a parcel
of property. A "variance" may be granted by the Zoning Board of Appeals
if it is demonstrated that a literal application of the regulations
would result in unnecessary hardship or practical difficulties.
Commercial facilities for the storage of goods and/or materials,
with or without maintenance facilities.
On-premises sale of goods not produced on the premises primarily
to customers engaged in the business of reselling the goods.
An open space extending the full width of a lot between the
principal building and the front lot line and measured perpendicular
to the building at the closest point to the front lot line. This chapter
establishes minimum yard requirements for each zoning district.
An open space extending across the full width of a lot between
the principal building and the rear lot line, and measured perpendicular
to the building at the closest point to the rear lot line. This chapter
establishes minimum yard requirements for each zoning district.
An open space extending from the front yard to the rear yard
between the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
This chapter establishes minimum yard requirements for each zoning
district.
The Director of Planning and Development or his designee
who administers the planning, environmental, site plan review, zoning,
subdivision, sanitary and other regulations of this chapter.
[Amended 10-22-2007 by Ord. No. 10-2007]
The map or maps, which are part of this chapter,[8] and delineate the boundaries of zoning districts.
[1]
Editor's Note: The definition of "animal hospital," which
immediately followed this definition, was deleted 12-7-1992 by L.L.
No. 3-1992.
[5]
Editor's Note: This ordinance also repealed the former definitions
of "Mobile home, Class A," "Mobile home, Class B" and "Mobile home,
Class C" which immediately followed this definition.
[6]
Editor's Note: The definition of "mobile home park," which
immediately followed this subsection, was repealed 10-24-2005 by Ord.
No. 7-2005.
[7]
Editor's Note: The definition of "modular housing," which
immediately followed this subsection, was repealed 10-24-2005 by Ord.
No. 7-2005.
[8]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
