This chapter shall be known and may be cited
as the "City of Batavia Zoning Ordinance."
The purpose of this chapter is to guide the
future growth and development of the City of Batavia in accordance
with a comprehensive plan of land use and population distribution
that represents and promotes beneficial and convenient relationships
among residential, commercial, industrial and public areas within
the City, considering the suitability of each area for such uses,
as indicated by existing conditions, trends in population and mode
of living, and future needs for various types of land development,
and to achieve the purposes more particularly described in Subdivisions
24 and 25 of § 20 of the General City Law.
A.
Generally.
(1)
All words used in the present tense include the future
tense; all words in the singular number include the plural number
and vice versa; the word "person" includes corporations and all other
legal entities; the words "lot," "plot," "parcel," "tract of land,"
and "premises" shall include one another; the word "premises" shall
include the land and buildings thereon; the word "building" shall
include "structure" and vice versa; "occupied" or "used" shall be
considered as though followed by the words "or intended, arranged
or designed to be used or occupied" unless the natural construction
of the wording indicates otherwise. The word "shall" is mandatory
and not directory.
(2)
Except where specifically defined herein, all words
in this chapter shall carry their customary meanings.
B.
ACCESSORY DWELLING UNIT
ADULT BOOKSTORE
ADULT EATING OR DRINKING ESTABLISHMENT
(1)
(2)
(3)
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT USE
ALLEY
ALTERATION
AREA, BUILDING
ART GALLERY
AUTOMOBILE SERVICE STATION
BASEMENT
BED-AND-BREAKFAST
BREW PUB/MICRO-BREWERY
BUILDING
BUILDING COVERAGE
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING OR STRUCTURE, ACCESSORY
CELLAR
DENSITY
DRIVEWAY
DWELLING, MULTIFAMILY
(1)
(2)
(3)
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FENCE
FLOODPLAIN
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN APARTMENTS
HELIPORT
HELISTOP
HIGH RISE
HOME OCCUPATION
(1)
(2)
(3)
HOSPITAL
HOTEL
JUNKYARD; RECLAMATION CENTER
KENNEL
LARGE-SCALE MULTIFAMILY DEVELOPMENT
LIVE/WORK UNIT
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
MASSAGE ESTABLISHMENT
MOBILE HOME
MOBILE HOME COURT OR PARK
MOTEL
NONCONFORMING BUILDING, STRUCTURE OR LOT
NONCONFORMING USE
NUDE MODEL STUDIO
NURSING OR CONVALESCENT HOME
PARKING SPACE
PEEP SHOWS
PERSON
PUBLIC STORAGE RENTAL UNITS/BUILDING
RESTAURANT
RESTAURANT, DRIVE-IN
ROOMING HOUSE
SALVAGE
SERVICE STATION
SEXUAL ENCOUNTER CENTER
SHOPPING CENTER
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
SITE PLAN
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL PORTION
(1)
(2)
STREET
STREET LINE
STRUCTURE
STRUCTURAL ALTERATION
(1)
(2)
(3)
(4)
(5)
(6)
TEMPORARY USE
TOURIST HOME
TOWNHOUSE
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Specific terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following terms
shall have the following meanings:
A self-contained dwelling unit, within a structure originally designed for a single-family residence, with separate kitchen facilities, with requirements set forth in § 190-37J.
[Added 10-25-1999]
An establishment having a stock-in-trade consisting partially
or totally of books, magazines, any other periodicals or films, including
videos or compact disks, for sale, rent or viewing on premises by
use of motion picture devices or any other coin-operated means, and
which establishment has a substantial portion of said enumerated stock-in-trade
which is distinguished or characterized by its emphasis on matter
depicting, describing or related to specified sexual activities or
specified anatomical areas.
[Added 11-14-1994; amended 12-13-1999]
An eating or drinking establishment which features any one
or more of the following:
[Added 11-14-1994; amended 12-13-1999]
Live performances which are characterized by
an emphasis upon the depiction or description of specified anatomical
areas or specified sexual activities; or
Films, motion pictures, video cassettes, slides,
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or
Employees who as part of their employment, regularly
expose to patrons specified anatomical areas, and which is not customarily
opened to the general public during such features because it excludes
minors by reason of age.
A public or private establishment which features topless
dancers, strippers, male or female impersonators, exotic dancers or
similar entertainers.
[Added 11-14-1994; amended 12-13-1999]
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
[Added 11-14-1994; amended 12-13-1999]
A motel which makes available to its patrons in their room
films, slide shows or videotapes with an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
[Added 11-14-1994; amended 12-13-1999]
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for presenting material having as a dominant
theme material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons therein.
[Added 11-14-1994; amended 12-13-1999]
Within a commercial establishment, any activity or use relating
to specified sexual activities or specified anatomical areas, including
but not limited to the activities and uses set forth in the definitions
of adult bookstore, adult eating or drinking establishment, adult
entertainment cabaret, adult mini-motion-picture theater, adult motion-picture
theater, adult motel, massage establishment, nude model studio and
peep shows.
[Added 11-14-1994; amended 12-13-1999]
Narrow supplementary thoroughfare for the public use of vehicles
or pedestrians, affording access to abutting property.
Any change, rearrangement, or addition to a building, other
than repairs; any modification in construction or in building equipment.
Total of area taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps, and terraces.
A structure or building utilized for the display of art work,
including paintings, sculptures and paints for sale to the public.
[Added 8-14-2000]
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including the sale of motor vehicle
accessories and which may or may not include facilities for lubricating
and other minor servicing of motor vehicles but not including the
painting thereof by any means. Any rebuilding, reconditioning or collision
services involving frame and fender straightening or repair, or any
dismantling or disassembly of frame and exterior parts is not an automobile
service station. The sale or rental of vehicles is not a permitted
use under the definition of automobile service station. Such use may
be allowed with special authorization of the Planning Board.
That space of a building that is partly below grade, which
has 1/2 or more of its height, measured from floor to ceiling, above
the average finished grade.
A house or structure, or portion thereof, where short-term
lodging rooms and meals are provided. The operator of the inn shall
live on the premises or in adjacent premises.
[Added 8-14-2000]
An eating and drinking establishment where certain beverages
are prepared on the premises exclusively for on-site consumption.
For a brew pub, the brewing of such beverages is accessory to the
eating and drinking establishment. A micro-brewery, on the other hand,
focuses on the production of beer, with the eating and drinking establishment
as an accessory.
[Added 8-14-2000]
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof. The term "building"
shall be construed as if followed by the phrase "or part thereof,"
unless otherwise indicated by the text.
That percentage of the lot area covered by the building area.
The vertical distance measured from the average level of
the proposed finished grade across the front of the building to the
ridgeline of the roof of the building.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surfaces of the building on any side. In case of a cantilevered section
of a building or projected roof or porch, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
A structure the use of which is incidental to that of the
main building and which is located on the same premises.
That part of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average finished grade.
The total number of dwelling units proposed divided by the
total number of acres within the tract.
Every entrance or exit used by vehicular traffic to or from
lands or buildings abutting a highway.
A building designed or occupied for residential
purposes by more than two families; or
A series of attached, detached, or semidetached
buildings, which are provided as a group collectively with essential
services and utilities, and which are located on a lot, plot, or parcel
of land, under common ownership; or
The residential part of a mixed occupancy building.
Regardless of the foregoing, any residential building, other than
a one- or two-family dwelling on a single zoning lot, shall be deemed
to be a multiple dwelling.
A building containing only one dwelling unit, and occupied
by only one family.
A building containing only two dwelling units, and occupied
by only two families.
A complete self-contained residential unit, with living,
sleeping, cooking, and sanitary facilities within the unit, for use
by one family.
A single person; or two or more persons maintaining a common
household with not more than two boarders, roomers, or lodgers. The
term family does not include live-in household employees.[1]
A fence is a structure which prohibits or inhibits unrestricted
travel between properties or portions of properties or between the
street or public right-of-way and a property. Fences may be constructed
of wood, metal, plastic or other materials. Densely planted shrubbery
or hedges which inhibit travel may also be considered as a fence.
Any area adjacent to a water body which is subject to inundation
from high water and/or wave action, and at a minimum that area subject
to a one-percent or greater chance of flooding in any given year and
all areas designated as Special Flood Hazard Zones by the Federal
Insurance Administration's Official Map for the City shall be considered
as floodplain areas.
A roofed 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.
A building or part thereof used for the storage, hiring,
selling, greasing, washing, servicing, or repair of motor vehicles,
operated for gain.
A residence building or group of one or more residence buildings
of not more than 2 1/2 stories in height and two rooms in depth designed
and erected as a project with singleness of use and operation and
where joint or communal use is to be made of open areas by the occupants.
An area used by helicopters which area includes passenger
and cargo facilities, maintenance and overhaul, fueling service, storage
space, tie-down space, hangars and other accessory buildings, and
open spaces.
An area on a roof or on the ground used by helicopters for
the purpose of picking up or discharging passengers or cargo, but
not including fuel service, maintenance or overhaul.
An apartment complex three stories or more in height.
Any occupation or profession which is customarily carried
on in a dwelling unit or in a building or other structure accessory
to a dwelling unit by a member of the family residing in the dwelling
unit. Home occupations shall be clearly incidental and secondary to
the use of the dwelling unit for residential purposes.
In particular, a home occupation includes, but
is not limited to the following: licensed plumbers, hairdressing,
dressmaking, laundering, homecooking, teaching (musical instruction
limited to a single pupil at a time) and the skilled practice by an
accountant, architect, artist, dentist, doctor, engineer, insurance
agent, lawyer, musician, realtor, or member of any profession within
a dwelling occupied by the same.
However, a home occupation shall not be interpreted
to include the following: commercial stables and kennels, restaurants
and tea rooms, musical instruction to groups, dancing instruction,
tourist homes, convalescent homes, mortuary establishments, garages
or shops for the repair of motor vehicles and other trades and businesses
of a similar nature.
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto. Not more than one person outside the
family shall be employed in the home occupation. Under no circumstances
shall the home occupation or professional use occupy more than 25%
of the total gross habitable floor area of the principal building.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
a sanitarium and sanatorium, and shall be limited to the treatment
or other care of humans.
A building containing primarily hotel units for the purpose
of furnishing lodging, with or without meals, for transient occupancy;
and with management maintaining a register and providing daily housekeeping
and other incidental services, including desk, telephone, or bellboy
services.
The use of more than 200 square feet of the area of any lot
where waste, discarded or salvaged materials are bought, sold, exchanged,
stored, baled, cleaned, packed, disassembled or handled, processed
or reclaimed, including automobile wrecking yards, used lumberyards,
and places or yards for used or salvage materials and equipment; as
distinguished from such uses when conducted entirely within an enclosed
building, and as distinguished from establishments for the sale, purchase
or storage of used cars in operable condition, used machinery, furniture
and household equipment, and the processing of used, or salvaged materials
as part of a manufacturing process. Two or more abandoned, disabled,
dismantled or partly dismantled vehicles allowed to remain on a premises
for a period of more than 30 days shall constitute a junkyard.
A structure used for the harboring of more than three dogs
that are more than six months old.
A development which is designed to provide habitation for
six or more families. Large-scale multifamily development shall include
apartment houses, flats, garden apartments, townhouses or any combination
thereof which comprise six or more units.
A place designed to be used, or used as, both a dwelling
place and a place of work by an artist, artisan, or craftperson, including
persons engaged in the application, teaching, or performance of fine
arts such as, but not limited to, drawing, vocal or instrumental music,
painting, sculpture, and writing.
[Added 8-14-2000]
A parcel of land considered as a unit, occupied or capable
of being occupied by one building and accessory buildings or uses,
or by a group of buildings united by a common use or interest; and
including such open spaces as are required by this chapter, and having
its principal frontage on a public street or an officially approved
place.
The total horizontal area included within lot lines, except
that no part of the area within a public right-of-way may be included
in the computation of lot area.
A lot located at the intersection of and fronting on two
or more intersecting streets, and having an interior angle at the
corner of intersection of less than 135º.
That percentage of the lot area covered by the building area.
(See "building coverage.")
The mean horizontal distance between the front and rear lot
lines, measured from front to rear.
A lot other than a corner lot.
In the case of a lot abutting upon only one street, the line
separating such lot from such street. In the case of a lot that abuts
more than one street, each street line shall be considered to be a
front lot line.
That lot line which is opposite and most distant from the
front lot line.
That lot line not a front lot line or a rear lot line.
An interior lot having frontage on two approximately parallel
or converging streets.
The distance between side lot lines measured at right angles
to the lot depth measured at a point from the front lot line equal
to the front yard specified for the district.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and 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 massage therapist, or duly licensed physical therapist; or
barbershops or beauty shops in which massages are administered only
to the scalp, face, neck and shoulders. This definition shall also
exclude health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
[Added 11-14-1994; amended 12-13-1999]
A mobile home is a movable living unit designed for year-round
occupancy, sometimes termed a "house trailer." For the purposes of
this chapter, a mobile home shall not be considered a dwelling.
A parcel of land which has been planned and improved primarily
for the placement of mobile homes.
A building with or without party walls, or any group of buildings,
used primarily for sheltering transient motorists, and accessory uses,
such as restaurants and parking.
A building, structure, lot or use of land existing at the
time of enactment of this chapter or an amendment thereto, and which
does not conform to the regulations of the district in which it is
situated or to the provisions of such amendment if nonconforming to
such amendment only.
A property use legally existing at the time of the enactment
of this chapter, or any subsequent amendment, which does not conform
to the use regulations of the district in which it is situated.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons who pay money or any form of consideration,
other than as part of a course of instruction offered by an educational
institution established pursuant to the Laws of the State of New York.
[Added 11-14-1994; amended 12-13-1999]
Any dwelling used for the accommodation and care of persons
with, or recuperating from, illness or incapacity, where nursing services
are furnished.
An off-street space available for the parking of one motor
vehicle measuring no less than eight feet in width and 19 feet in
depth and including sufficient space for aisles and maneuverability.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure with an emphasis
on matter depicting, describing, or relating to specified sexual activities
or specified anatomical areas and for which a fee is charged.
[Added 11-14-1994; amended 12-13-1999]
Any person, firm, partnership, corporation, association,
or legal representative, acting individually or jointly.
[Added 11-14-1994; amended 12-13-1999]
A building or buildings comprised of separate rental units
of varying size for private storage of personal property by the general
public.
[Added 12-9-2019 by Ord.
No. 2-2019]
Any establishment however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building. However, a snack bar or refreshment stand at a public, semipublic
or community swimming pool, playground, playfield, or park operated
by the agency or group or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility
shall not be deemed to be a restaurant.
An establishment where patrons are served food, soft drinks,
ice cream, and similar confections for principal consumption outside
the confines of the principal building or in automobiles parked upon
the premises, regardless of whether or not seats or other accommodations
are provided for the patrons.
Any building or portion thereof containing more than two
and less than 10 rooms that are used, rented or hired out to be occupied
or that are occupied for sleeping purpose for compensation, whether
the compensation be paid directly or indirectly.
The utilization of waste materials and processing of discarded
or rejected materials that result from manufacturing or fabricating
operations.
[Added 8-14-2000]
See "automobile service station."
A business or commercial enterprise that offers for money
or any form of consideration, a place where two or more persons may
congregate, associate or consort for the purpose of specified sexual
activities or exposure of specified anatomical areas or activities
between male and female persons and/or persons of the same sex, when
one or more of the persons is in the state of nudity or seminude.
The definition of sexual encounter center shall not include an establishment
where a medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the State of New York engages in medically
approved and recognized sexual therapy.
[Added 11-14-1994; amended 12-13-1999]
A group of commercial uses located on a single parcel of
land under one ownership, having adequate space in rear for loading
and unloading commodities; and required off-street parking.
[Amended 5-13-1985; 1-23-2017 by L.L. No. 1-2017; 3-11-2019 by L.L. No. 2-2019]
AWNING SIGNA sign where graphics or symbols are painted, sewn, or otherwise adhered to the awning material as an integrated part of the awning itself.
BACKLIT ILLUMINATIONSigns that are backlit illuminated involve a low level of external light shining out from behind solid object, most often letters, creating a soft glow around the outside of the objects.
BRACKET SIGNA freestanding sign attached to the ground by one or more support structures that is not higher than five feet and hangs from a bracket or support.
CANOPY SIGNA sign placed on a canopy so that the display surface is parallel to the plane of the wall.
DIRECTIONAL SIGNA permanent sign which is designed for the purpose of directing traffic or pedestrian traffic to the location of an activity or business.
DRIVE-THROUGH MENU BOARD SIGNA sign located outside of a building, on a route to a point of service, with or without built-in communication devices, which displays a list of items offered. A drive-through menu board sign may be designed as a pole sign, monument sign, wall sign, projecting sign or iconic sign.
ELECTRICAL RACEWAYA raceway (sometimes referred to as a raceway system) is an enclosed conduit that forms a physical pathway for electrical wiring. Raceways protect wires and cables from heat, humidity, corrosion, water intrusion and general physical threats.
ELECTRONIC MESSAGE BOARDAn illumination type that produces a static or changeable electronic message using light-emitting diodes (LED), liquid crystal display (LCD) or other digital display method; that is designed to provide an electronic message or display that may generate and periodically change using an internal, external or remotely located electronic control system; which contains an illuminated, programmable message or graphic, whether fixed or moving.
EXTERNAL ILLUMINATIONSigns that are externally illuminated have light shining on to the outer surface of the sign. External illumination may be downlit (lit from above) and uplit (lit from below).
FREESTANDING SIGNA self-supporting sign not attached to any building, wall or fence, but in a fixed location, includes pole signs, pylon signs, and masonry wall-type signs, monument signs, but does not include drive-through menu boards and portable trailer-type signs.
ICONIC SIGNA sculptural, typically three-dimensional sign whose form suggests its meaning, and which can either be building-mounted or freestanding.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light either for the interior, back lit or exterior of the sign, and which includes reflective and phosphorescent light.
INTERNAL ILLUMINATIONSigns that are internally illuminated have light shining through the surface of the sign. Typically, these either involve a rectangular-shaped box sign or individual letters (channel letters) that are lit from inside. Neon signs are not considered internally illuminated.
MARQUEE SIGNSA sign attached to the top or the face of a permanent roof-like structure.
MONUMENT SIGNA freestanding sign attached to the ground along its entire length to a continuous pedestal. A monument sign is horizontally oriented or is square.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such a sign is located.
POLE SIGNA freestanding sign constructed on a structure of one or more poles.
PORTABLE SIGNA sign designed to be portable and not structurally attached to the ground, building, structure or another sign.
PROJECTING SIGNA sign attached to the building facade at a ninety-degree angle, extending more than 15 inches. A projecting sign may be two or three dimensional.
SHINGLE SIGNA small projecting sign that hangs from a bracket or support.
SIDEWALK SIGNA moveable sign not secured or attached to the ground or surface upon which it is located.
SIGNA structure or device designed or intended to convey information to the public in written or pictorial form.
SIGN STRUCTUREFramework for the sign.
SIGN SURFACE AREAThe entire area within the single, continuous perimeter enclosing the limits of writing representation, emblem or any figure or similar character. Supports, uprights or structures on which any sign is supported shall not be included in the sign face area unless it is an integral part of the sign.
TEMPORARY SIGNA sign having a duration of no more than 60 days.
WALL SIGNA sign placed or painted against a building and attached to the exterior front, rear or side so that the display surface is parallel to the plane of the wall.
WINDOW SIGNA sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.[2]
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
[Added 11-14-1994; amended 12-13-1999]
[Added 11-14-1994; amended 12-13-1999]
[Added 11-14-1994; amended 12-13-1999]
The following conditions are present:
The amount of actual stock-in-trade that is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas is equal to or greater than 15% of the total stock-in-trade
of the bookstore; and/or
Fifteen percent or more of the floor area of
the building accessible to customers contains the enumerated materials
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as compared to the total floor area of the building
accessible to customers.
A public thoroughfare which has been dedicated or deeded
to the public for public use, and which has been improved in accordance
with municipal standards.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Any change to a structure which is not merely a repair or
replacement of an existing part, or any change which would:
Enlarge or diminish the livable floor area of
the structure or any part thereof;
Change the number of dwelling units contained
in any structure;
Cause a change in the location or height of
the exterior walls or roof of the structure;
Move the structure from one position to another;
Change any exit or entry facilities;
Change or rearrange the structural parts including
bearing walls, beams, girders, columns.
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this chapter.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
One of a series of attached one-family dwelling units, each
having a common wall between adjacent sections and having direct access
to private, individual rear and/or front yards designed as an integral
part of each one-family dwelling unit.
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An open space on the same lot with a building, unoccupied
or unobstructed by any portion of a structure from the ground upward,
except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with the building,
between the front line of the building and the street or highway line,
and extending the full width of the lot.
An open, unoccupied space, except for accessory buildings,
on the same lot with the building between the rear line of the building
and the rear lot line and extending the full width of the lot.
An open, unoccupied space on the same lot with the building,
situated between the building and the side lot line, and extending
from the front yard to the rear yard.
Nothing in this chapter shall be construed to
prohibit condominium ownership of any property under the Condominium
Act of the State of New York (Article 9-B of the Real Property Law
of the State of New York) if it is otherwise permissible under the
provisions of this chapter.
