City of Hornell, NY General Provisions

Words used in the present tense shall include the future tense.

The singular includes the plural.

The word "person" includes a corporation as well an individual.

The word "lot" includes the word "plot" or "parcel."

The term "shall" is always mandatory.

(6)

The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Definitions. For the purpose of this chapter, certain terms or words herein shall be interpreted or defined as follows:

ACCESSORY APARTMENT

A separate and complete dwelling unit that is contained within or attached to the structure of a single-family dwelling unit or is in an accessory building on the same lot as a conforming single-family dwelling unit.

ACCESSORY SIGN

Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

[Added 8-22-2005 by L.L. No. 1-2005]

ACCESSORY STRUCTURE

A structure within which a conforming accessory use is conducted.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ADJOINING

Where used in reference to land, lots, districts, uses, buildings or other structures on the land, shall mean only those which are contiguous and in contact at some point or line and shall not include those separated by a street.

ADULT ENTERTAINMENT

ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock in trade books, magazines, periodicals or other printed matter or photographs, films, videos, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises.

ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, videos, slides or other photographic material, or which utilizes employees that, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.

ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.

ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

BANK or FINANCIAL INSTITUTION

MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.

(6)

ADULT MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

(7)

PEEP SHOWA theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.

A-FRAME SIGN

A portable, top- or side-hinged advertising device.

[Added 8-22-2005 by L.L. No. 1-2005]

ALLEY

A narrow service way providing a secondary public means of access to abutting properties.

ALTERATION

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.

AMUSEMENT CENTER

A place where three or more coin- or token-operated machines, devices or games are provided for public amusement as the primary use; includes but is not limited to video arcades, billiard or pool halls.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment, including veterinary clinic and offices. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use.

ANTENNA

Any system of poles, panels, rods, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals, light, sound or other communication signals.

APARTMENT HOUSE

A building arranged, intended or designed to be occupied by three or more families with common external entrance but living independently of each other.

APPLICANT

The person, persons, partnership, corporation, association or other entity named as applicant or petitioner in an application for a building or other permit, zone change, variance, finding of compatibility or other approval or authorization required by these regulations. At the time of an application, an applicant must own the real property identified in the application or hold an executed written contract, option or other document giving the applicant the right to purchase or otherwise secure ownership or long-term lease or other control of the property prior to any use or construction.

ARCHITECTURAL ELEMENTS

The individual and collective parts of a building that give it an architectural style, whether interior or exterior, and whether renovation, addition or new construction. These elements include but are not limited to doors, windows, trim, exterior siding, porches, building materials, color, size, relative scale, bulk, dimensions, number of stories, roofline, parking, signage and fences.

ARCHITECTURAL STYLE

The general impression given to a building, whether interior or exterior, and whether renovation, addition or new construction, based on the individual collection of architectural elements.

AREA, BUILDING

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of the walls.

AREA, NET SITE

The total area within the property lines, excluding external streets.

AREA OF A SIGN

The surface devoted to the conveying of the message exclusive of the structure to support it properly, trim and framing device, unlettered fascia, and any appurtenances required in construction. In the case of open sign structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the area of the sign shall be taken as the area required circumscribing all letters and devices exclusive of supports.

[Added 8-22-2005 by L.L. No. 1-2005]

ART GALLERY

A place where paintings, sculptures or other works of art are exhibited or sold.

AWNING SIGN

Any awning or overhang protruding from the front and/or side and/or rear of a building made either of cloth, wood, plastic, metal or other like substance, to which any insignia, logo, graphic, diagram, design, Name or other information may be or is either attached to or incorporated therein.

[Added 8-22-2005 by L.L. No. 1-2005]

A place where money is deposited, kept, lent or exchanged.

BANNER SIGN

Any cloth, plastic, wood, metal, paper, glass or other like substance which is suspended or hung in a nonpermanent manner either on the interior window or exterior surface of a building.

[Added 8-22-2005 by L.L. No. 1-2005]

BAR or NIGHT CLUB

A business establishment licensed by the State of New York to serve alcoholic beverages which serves such beverages for consumption on the premises and may include the serving of food and other beverages along with entertainment as accessory uses.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling purposes.

BED-AND-BREAKFAST

A home occupation within a single-family dwelling wherein rooms are rented and a single daily meal is served to overnight guests for commercial purposes.

BILLBOARD

All structures of any size whatever and of whatever material the same may be constructed, which are either independently supported or placed on the ground or which are attached flat against the exterior wall of any building or structure, or are placed upright on the roof of any building or structure, or are placed upright on the roof of any building and which are erected, maintained or used for the out-of-door display of printed or painted posters, signs, pictures or other pictorial or reading matter. This definition shall not be held to include reading matter. This definition shall not be held to include any structure used to display official notices issued by any court or public officer, or posted by any public officer in the performance of a public or official duty, or any sign attached to or suspended from any building which announces the name of the proprietor and general type of business, or the firm name and general type of business of any store or business establishment which is located within or conducting business from the building whereon the sign is attached, or any real estate sign with an area of not more than 50 square feet advertising for sale or for rent the property upon which it stands or to which it is attached. Billboards are not allowed in the City of Hornell.

[Added 8-22-2005 by L.L. No. 1-2005]

BUILDING

Any structure other than a boundary wall or fence.

BUILDING, ACCESSORY

A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING HEIGHT

The vertical height from the finished grade at the front of the building. In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is greater. In the case of a mansard roof, the deck roofline. In the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge, exclusive of any accessory roof construction such as a chimney, tower, steeple, antenna, mechanical penthouse or elevator shaft.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BULK FUEL DEPOT

Buildings or structures used for the storage or distribution of fuels and oils but not including retail sales.

BUS STATION

A place for the housing or parking of commercial buses and the loading and unloading of passengers.

CAR WASH

A place where mechanical equipment is used to wash motor vehicles.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories.

CEMETERY

A place used for the interment of the dead.

CENTER LINE

The equal distance from the inside of the existing sidewalks on both sides of the street; in areas where there are no sidewalks, the center line of the travel way of the roadway.

CHURCH or PLACE OF WORSHIP

A place used for regular public worship by members or representatives of a bona fide religious sect or organization as recognized by state law.

CLUB

An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

COMMERCIAL

Any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreational facilities or activities for fee. The term shall not include uses of the above nature which are separately defined in this code.

COMMERCIAL RECREATION

A place designed for the conduct of sports, leisure-time activities and other customary recreational activities, including playgrounds, bowling, swimming pools and skating rinks; may include as accessory uses retail sales and repair of equipment directly related to the activities provided on site as well as food and beverage service for recreation users.

COMMERCIAL VEHICLE

Any nonpassenger motor vehicle which displays any advertising.

COMMUNICATION INTERFERENCE

Any form of communication reception hindrance caused by outside device operation such as (but not limited to) ham and CB radios.

COMPREHENSIVE PLAN

Materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of a municipality.

CONVENIENCE STORE

A place where retail sale of groceries and other daily household necessities, including fuel for motor vehicles, is made primarily to the surrounding area.

CORNER LOT

A lot that exists on two streets. For future construction purposes, a corner lot shall provide for front yard depth on both streets.

COVERAGE

That percentage of the plot or lot area covered by the building area.

CULTURAL FACILITIES

Any place designed or used primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits or various art forms or exhibits of cultural, academic or scientific material specifically not including adult entertainment as defined elsewhere in this code.

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot.

DAY-CARE CENTER

A use where professional child day-care services are offered for seven or more children, depending on age, for more than three hours a day but less than 24 hours a day, that is operated as a principal or accessory use by an individual, organization or agency licensed by the New York State Department of Social Services or through other applicable state regulations.

DAY-CARE HOME

A dwelling unit use licensed by the New York State Department of Social Services or through other applicable state regulations wherein child day-care services are provided for up to 10 children of all ages, including not more than four children under two years of age or up to 12 children where all such children are over two years of age. Such day-care homes shall include family day-care homes and group-family day-care homes.

DECORATIVE POLE SIGN

Any sign attached or suspended from a decorative or wrought iron yardarm attached to a single pole.

[Added 8-22-2005 by L.L. No. 1-2005]

DRIVE-IN

A principal or accessory business use that includes a service, window, booth or other arrangement on the exterior of a structure designed primarily for drive-through or carry-out service.

DWELLING

A building designed or used exclusively as the living quarters for one or more families.

DWELLING, ONE-FAMILYA detached manufactured or stick-built building containing one dwelling unit only.

DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families independently of each other.

DWELLING, MULTIFAMILYA dwelling or group of dwellings on one plot containing separate living units for three or more families but which may have joint services or facilities or both.

DWELLING, MULTIPLEA building or a portion thereof containing three or more dwelling units.

DWELLING, GROUPA group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.

DWELLING SIGN

A nameplate to convey an address and/or resident of the dwelling.

[Added 8-22-2005 by L.L. No. 1-2005]

DWELLING UNIT

A dwelling or a portion thereof providing complete living facilities for one family.

EDUCATIONAL

A place of instruction, including public and private schools, colleges and universities offering courses authorized by applicable state regulations; may include playgrounds and accessory use residences for staff or students.

ERECT

To build, construct, alter, repair, display, relocate, attach, hand-place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.

[Added 8-22-2005 by L.L. No. 1-2005]

FAMILY

A single individual occupying a dwelling unit, or two or more individuals occupying a dwelling unit and maintaining a common household.

FASCIA SIGN

Any sign placed flush against the building.

[Added 8-22-2005 by L.L. No. 1-2005]

FENCE

Any artificially constructed barrier of any material or combination of materials erected or maintained to enclose or screen areas of land or to divide a piece of land into distinct portions.

FILLING STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles, and which may include facilities used or designed to be used for the polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing of such motor vehicles.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. In particular, the floor area of a building or building shall include:

Basement space.

Elevator shafts and stairwells at each floor.

Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.

Penthouses.

Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet six inches or more.

(6)

Interior balconies and mezzanines.

(7)

Enclosed porches.

(8)

Accessory uses, not including space for accessory off-street parking.

FREESTANDING GROUND

Any sign suspended between two posts and not attached to a building or structure.

[Added 8-22-2005 by L.L. No. 1-2005]

FREESTANDING POLE SIGN

Any sign attached to a single pole and not attached to a building or structure.

[Added 8-22-2005 by L.L. No. 1-2005]

FUNERAL HOME

A place designed for the purpose of furnishing funeral supplies and services to the public, including facilities intended for the preparation of the dead human body for interment or cremation.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GOVERNMENT USE

Any place used by a public agency or public authority for a bona fide governmental function.

GRADE, ESTABLISHED

The elevation of the center line of the street as officially determined by the city.

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on official plan or design relating thereto.

GREENHOUSE

A place for growing flowers, plants, shrubs, trees and similar vegetation, including retail and wholesale sales.

HEIGHT

The height of a structure from the mean average of grade within a particular block and not to include filled grade areas.

HOME OCCUPATION

Any occupation for gain or support conducted entirely within a dwelling unit by members of the family residing in such dwelling unit, provided that:

There is no external display or advertising other than a sign erected in accordance with the applicable sign regulations.

There is no external storage of goods or materials.

Such home occupation is secondary to the main residential use and does not change the residential character of the dwelling unit nor create or become a nuisance, in particular with regard to noise, traffic, parking, odor, smoke, vibration, dust, heat or glare.

Not more than 25% of the total floor area is used for the home occupation use.

SPECIFIED ANATOMICAL AREAS

There are no persons employed except in the case of a dentist, physician, chiropractor, veterinarian or other licensed professional, in which case the staff shall be limited to one employee.

HOSPITAL

Any institution or place established for the maintenance, observation, medical and dental care and supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease or injury or for the convalescent or chronically ill persons. Unless otherwise specified, includes sanitariums, sanatoriums, preventoriums, clinics, rest homes, nursing homes and convalescent homes.

HOTEL

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purchases by guests and where only a general kitchen and dining room are provided within the building or in an accessory building; includes motels, inns and auto courts.

IDENTIFICATION SIGN

A nonilluminated sign which may be attached to an exterior wall of a building adjacent to public entrances. Such sign shall be limited in text to the name of the resident firm or corporation and shall not exceed two square foot in area.

[Added 8-22-2005 by L.L. No. 1-2005]

ILLUMINATED SIGN

Any sign illuminated by electricity, gas, or other artificial light, including reflective or phosphorescent light. Neon gas signs intended for either interior of exterior use shall be installed by a certified neon installer with the exclusion of self-contained neon signs (i.e., bar, open) which have a surface area less than two square foot.

[Added 8-22-2005 by L.L. No. 1-2005]

INDUSTRIAL

The use of land or buildings for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses. This term does not include uses of the above nature which are separately defined in this code.

KENNEL

A structure used for the keeping, breeding, boarding or training of more than three dogs or other domestic animals that are more than six months old.

LAUNDROMAT

A place where coin-operated laundry machines are made available to the public for the purpose of cleaning; may include a repair or service shop as an accessory use.

LINE, STREET

The dividing line between the street and the lot.

LOT

A piece, parcel, tract or plot of land in one ownership, which may include one or more lots of record occupied or to be occupied by one principal building and accessory buildings or utilized by one principal building and accessory building or utilized for one principal use or uses accessory thereto, and including such open spaces as required by this chapter.

MANUFACTURED HOME

A single-family dwelling unit according to the Federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code; may include a modular home, which is a single-family dwelling, which consists of two or more sections transported to a site or a series of panels or room sections transported on a truck and erected or joined together on site. Modular homes may or may not have an integrated chassis.

MEDICAL CLINIC

A place where medical care is provided to persons on an outpatient basis only, without overnight accommodations, by one or more members of the medical profession, dentists, chiropractors, osteopaths, therapists or other licensed professionals.

MOBILE HOME

A single-family dwelling that is wholly, or a substantial part is, fabricated in an off-site manufacturing facility for installation or assembly at the building site, designed to be a permanent residence, and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act on June 15, 1976.

MOBILE HOME COURT

A parcel of land which has been planned and improved for the placement of two or more single-wide mobile homes. This use is only permitted at the site known as the "Big Elms Trailer Park" on tax parcel 151,10-01-041.

MOTOR VEHICLE SALES

A place authorized by applicable state regulations where new or used motor vehicles, including recreational vehicles, are displayed and maintained for commercial sale.

NAMEPLATE

Any one-sided sign not to exceed two square feet on the face of a building.

[Added 8-22-2005 by L.L. No. 1-2005]

NONCONFORMING USES

A building, structure or use of land, existing at the time of enactment of this chapter, which does not conform to the regulations of the district, or zone, in which it is situated.

NURSING HOME

A place where a corporation or charitable institution supplies for hire lodging with or without meals and, in addition provides nursing, medical or similar care and treatment, if required, and includes a rest home, convalescent home, living-care facility or similar establishments authorized by state regulations.

OPEN SPACE

An unoccupied space open to the sky on the same lot with a building.

PARKING GARAGE

Any garage, other than a private garage, available to the public, operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

PARKING SPACE

An off-street space available for the parking of one motor vehicle, with dimensions not less than nine feet and 18 feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

PERMANENT WINDOW SIGN

Any sign which is painted or fixed to the front windows of any business or establishment.

[Added 8-22-2005 by L.L. No. 1-2005]

PLAZA MARKER

Either a freestanding ground or freestanding pole sign declaring the organizations and/or businesses contained within the plaza or development.

[Added 8-22-2005 by L.L. No. 1-2005]

POLITICAL SIGN

A temporary sign at least four square feet in size used to advertise a person or event relating to political activity.

[Added 8-22-2005 by L.L. No. 1-2005]

POLITICAL POSTER

A one- or two-sided sign not to exceed four square feet used to advertise a person or event relating to political activity made of cloth, plastic, wood, or other like substance which is suspended or supported in a nonpermanent manner for window, exterior building surface or lawn use.

[Added 8-22-2005 by L.L. No. 1-2005]

PROFESSIONAL NAMEPLATE

Any nameplate to convey a person of profession and/or the profession.

[Added 8-22-2005 by L.L. No. 1-2005]

PROFESSIONAL SERVICES

A place where one or more skilled, trained or licensed professionals offer advice, assistance or training to the public and where a retail store may only be accessory.

PROJECTING SIGN

Any sign which projects from the exterior of any building commencing at the second story of such building and extending in an upward and outward fashion.

[Added 8-22-2005 by L.L. No. 1-2005]

REPAIR AND SERVICE SHOP

A place for servicing, repairing, cleaning, installing or leasing equipment and goods, including but not limited to radio, television, household, tool or appliance service and repair, computer service and repair, locksmiths, shoe repair, tailoring and dry cleaners, and including retail sales as an accessory use.

RESEARCH LABORATORY

A place used for scientific research, investigation, testing or experimentation but not for manufacturing or sale of products except as an accessory use to the laboratory.

RESTAURANT

A place where food and beverages are prepared and sold to the public for consumption at tables or counters either inside or outside of a building. Take-out service or drive-in service may be provided.

RETAIL STORE

A place where goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public.

SEASONAL

A time period not to exceed 180 days.

[Added 8-22-2005 by L.L. No. 1-2005]

SERVICE STATION

A place used for the servicing and repairing of motor vehicles and for the sale of fuel, oils and accessories for motor vehicles.

SIGN

Any display of lettering, numbering, logos, designs, colors, lights or illumination visible to the public from outside of a building or from a public right-of-way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or events, goods, products, services or facilities available.

SIGN PACKAGE

A specific grouping of permitted signage for a specified site or area.

[Added 8-22-2005 by L.L. No. 1-2005]

SITE PLAN

A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this code, which shows the arrangement, layout and design of the proposed use of a single parcel of land.

SPECIAL USE

A use which is permitted within the applicable zoning district subject to the requirements of site plan approval and any other conditions designed to ensure that the use will not adversely affect the neighborhood within which it is proposed.

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

SPECIFIED SEXUAL ACTIVITIES

Human male genital in a discernibly turgid state even if completely and opaquely covered.

Human genitals in a state of sexual stimulation or arousal: or

Acts of human masturbation, sexual intercourse or sodomy; or