[Amended 11-10-1959]
A.
Certain words in this chapter are defined for the
purpose hereof as provided in this article, and where a word used
in this chapter is not defined or is not fully defined by this article,
the definitions set forth in the applicable division of the New York
State Uniform Fire Prevention and Building Code shall apply, but nothing
in that code shall be deemed to authorize a construction or use prescribed
by this chapter, and in the event of any conflict between the provisions
of that code and this chapter, the provisions of this chapter shall
in all cases control.
[Amended 9-19-2005 by L.L. No. 1-2005]
B.
Words used in the present tense include the future
and the future the present; and the singular numbers includes the
plural and the plural the singular; the word "lot" includes the word
"plot," as the sense may require it; the word "shall" is always mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate building, structure or use customarily incident
to, and located on the same lot occupied by, the main building, structure
or use.[1]
[Amended 9-19-2005 by L.L. No. 1-2005]
Includes the cultivation of the soil for food products or
other useful or valuable growths, crops or products of the field or
garden, tillage or husbandry, but shall not include dairying, raising
of livestock, fowls or birds where the same is carried on as a gainful
operation.
As applied to a building or structure is the change or rearrangement
of the structural parts, or any enlargement, whether by extending
on any side or by increasing in height, or the moving from one location
to another. It does not include ordinary repairs to buildings or structures.[2]
With respect to an improved parcel, the mean ground level
along the foundation of an existing single-family dwelling or other
structure prior to any excavation, regrading, construction or demolition
relating to any project for which building permits are required and
with respect to which a determination of ground level, mean ground
level or average preexisting ground level must be made hereunder;
with respect to an unimproved vacant parcel, the mean ground level
along the boundaries of the buildable envelope of such parcel (i.e.,
the area within such parcel enclosed by lines that are parallel to
and set back from each front, rear and side property line at a distance
equal to, respectively, the minimum required front, rear and side
yard setback as applicable to such parcel under this chapter).
[Added 10-15-2007 by L.L. No. 5-2007]
A story partly underground, but having at least 1/2 of its
height, measured from floor to finished ceiling or, if none, to the
bottom of the rafters supporting the first floor, above the average
mean ground level adjacent to the building.
[Added 3-24-1959; amended 10-15-2007 by L.L. No. 5-2007]
A sign erected and maintained by an outdoor advertiser.
A combination of materials other than a structure to form
a construction that is safe and stable and adapted to permanent or
continuous occupancy or public, institutional, residence, business
or storage purposes; the term "building" shall be construed as if
followed by the words "or part thereof."
The area of the maximum horizontal cross-section of the buildings
on a lot, excluding cornices, eaves, gutters or chimneys projecting
not more than 24 inches, steps, one-story open porches, bay windows
extending not more than one story and projecting not more than five
feet, balconies and terraces.
The Building Department of the Incorporated Village of Baxter
Estates.
[3]A story having more than 1/2 of its height, measured from
floor to finished ceiling, or, if none, to the bottom of the rafters
supporting the first floor, below the average mean ground level adjacent
to the building.”
[Added 3-24-1959; amended 10-15-2007 by L.L. No. 5-2007]
Any lot or premises, other than one owned or maintained by
the municipality, used for parking automobiles or other motor vehicles
by the public upon the payment of a fee, whether or not such use be
an accessory use.
A lot situated at the intersection or junction of two or
more streets.
An open and unoccupied space on the same lot as a building
and enclosed on at least three sides by walls of a building.
[Amended 10-15-2007 by L.L. No. 5-2007]
The Department of Health and any other health board or department
established pursuant to the laws of the State of New York and having
jurisdiction over the regulation, control and/or supervision of matters
pertaining to and affecting the public health in the Village of Baxter
Estates.
[Amended 10-15-2007 by L.L. No. 5-2007]
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
The total number of square feet of sign space on one side
of a sign, exclusive of moldings.
The enclosed space occupied by one family and no more with
facilities for eating, sleeping and cooking. An apartment and a one-family
house are each single dwelling units.
[Added 9-11-1962]
A building erected prior to the effective date of this chapter.
The portion of any basement or cellar, as measured from floor
to finished ceiling, or, if none, to the bottom of the rafters underlying
the first floor, that lies above the finished mean ground level immediately
adjacent to any exterior wall of the dwelling; provided, however,
that if the finished mean ground level along any such exterior wall
varies, then the height of the exposed sublevel lying above such finished
mean ground level shall be deemed the average measurement of the height
of the exposed sublevel above ground level based upon four separate
measurements made at equal distances along such wall.
[Added 10-15-2007 by L.L. No. 5-2007]
One or more persons related by blood, marriage or legal adoption
residing and cooking or warming or preparing food together as a single
housekeeping unit, exclusive of household servants; or one or more
persons, though not related by blood, marriage or legal adoption,
residing and cooking or warming or preparing food together as a single
housekeeping unit, exclusive of household servants, so long as the
persons, as a group, bear the generic character of a family unit as
a relatively permanent household, and are not a framework for transients
or transient living.
[Amended 2-14-1978 by L.L. No. 1-1978; 9-19-2005 by L.L. No.
1-2005; 10-15-2007 by L.L. No. 5-2007]
Any business or enterprise primarily engaged in the sale
of ready-to-consume food and beverage generally served in disposable
or pre-packaged containers or wrappers, with disposable utensils,
to patrons who ordinarily select their orders from posted menus offering
a limited number of specialized items, including, but not limited
to: hamburgers, chicken, fish and chips, sandwiches, pizza, tacos,
hot dogs, and similar items, which are prepared according to standardized
procedures for consumption either on or off premises, in a facility
where a substantial portion of food and beverage sales are for consumption
off-premises; provided, however, that grocery stores, delicatessens
and bakeries shall not be deemed fast-food restaurants.
[Added 3-7-2000 by L.L. No. 1-2000]
The sum of the gross floor areas of all floors of all principal
and accessory buildings on a lot, measured from the exterior faces
of the exterior walls. In particular, floor area shall exclude all
floor space in any cellar, but shall include all of the following:
[Added 6-4-1991 by L.L. No. 1-1991; amended 9-19-2005 by L.L. No. 1-2005; 10-15-2007 by L.L. No. 5-2007; 9-6-2018 by L.L. No. 5-2018]
Floor space in any basement, if used for other than mechanical
equipment or storage, or if the height of the exposed sublevel thereof
exceeds the finished mean ground level by at least four feet;
Floor space of each story above the basement or the cellar and
below the attic, and that portion of any attic space whether or not
a floor has been laid that provides structural headroom of seven feet
or more;
Floor space in interior balconies and interior lofts;
Floor space in roofed terraces, exterior balconies or porches,
if more than 50% of the perimeter thereof is enclosed by a parapet
more than three feet nine inches in height, or a railing less than
50% open and more than four feet six inches in height;
With respect to any room in a single family home having a height,
from finished floor to finished ceiling in excess of 8 1/2 feet,
an amount which shall be in addition to the floor area thereof included
pursuant to Subsection B., and which shall be equal to the product
obtained by multiplying (x), the floor area of such room, by (y),
the number of feet (including any numerical fraction thereof) by which
the height of such room exceeds 8 1/2 feet, by (z), 10%.
The total floor area on the lot divided by the total lot
area.
[Added 6-4-1991 by L.L. No. 1-1991]
The street upon which a lot abuts. If a lot abuts upon more
than one street, it means the street designated as the front street
in an application for a building permit at the applicant's election.
A yard across the full width of the lot extending from the
front line of the building to the front line of the lot.
The use of premises for the dispensing of motor fuels, lubricants
and other materials used in the operation of motor or other vehicles,
and/or where minor repairs to motor or other vehicles are made (used
synonymously in this chapter).
The level of the ground in its natural state at the point
of measurement.
[Added 10-15-2007 by L.L. No. 5-2007]
One erected upon any part of the premises other than a building.
A building, one story in height, divided into separate units
or with a common means of access, used for the storage of noncommercial
automobiles, but not used for servicing or making repairs to automobiles.
The area of actual floor measured between interior wall surface
(exclusive of baseboards and moldings) in rooms of a dwelling used
for living, eating and/or sleeping, and no area shall be deemed habitable
if the adjoining space above it is now or hereafter classified as
not habitable by any provision of law, code, regulation or rule applicable
to this Village, but so much of the floor area of kitchens or bathrooms
as lies beneath cooking or plumbing fixtures or cabinets of less than
42 inches in height shall be included as habitable floor area. As
examples and not in limitation of the generality of the foregoing,
open porches, terraces, area of rooms not provided with built-in heating
fixtures or outlets or natural light and ventilation or of which any
part is below grade, attached or built-in garages, passageways, hallways,
closets and kitchenettes shall not be included in habitable floor
area.
[Amended 3-24-1959; 12-13-1960; 9-11-1962]
The height of a building or other structure shall be the
vertical distance from the mean ground level along the foundation
of the building or other structure to the highest point of the building
or other structure.
[Amended 3-24-1959; 12-13-1960; 10-15-2007 by L.L. No. 5-2007]
A residence building differing from a multiple-family dwelling
in that it is built for transient instead of permanent residence,
and individuals or families are not allowed to do their own cooking
on the premises.
All nonvegetative surfaces on a lot, including buildings,
driveways, walkways, decking, patios and other surfaces comprised
of pavement, concrete, masonry, flag stand, gravel, bluestone, wood
or other surface coverings that render the ground unsuitable for the
growth of vegetation or plant. Areas of lawn, vegetation, live landscaping,
and exposed soils shall not be deemed impervious surface.
[Added 6-4-20155 by L.L.
No. 1-2015]
The manufacturing, assembly, fabrication, processing or finishing
of materials, goods or articles of any kind or nature to be sold at
wholesale or retail.
[Amended 10-15-2007 by L.L. No. 5-2007]
A lot other than a corner lot.[4]
A building used by fraternal organizations.
A parcel of land with or without buildings or structures
located thereon, as surveyed and apportioned for sale or other purpose.
The area of a lot measured to the street line only.
The building which houses the principal purpose for the utilization
of the lot, as permitted under this chapter.
The average elevation of the ground level measured along
any distance or group of distances on a parcel, including, for example,
along a property line or portion thereof, or along any wall of a building,
or along the entire foundation of a building. Such average elevation
shall be determined based upon measurements at not fewer than four
points, equally spaced, along each distance to be measured, such as,
for example, each exterior wall of a building. Any application to
the Building Department that requires a determination of ground level,
mean ground level or average preexisting ground level under this chapter
must be accompanied by a topographical survey map of the premises,
prepared by a duly licensed surveyor, containing such data as is reasonably
required by the Village Building Official.
[Amended 10-15-2007 by L.L. No. 5-2007]
A building or portion of a building in which a motor vehicle
repair work business is conducted.”
[Amended 10-15-2007 by L.L. No. 5-2007]
A residence building accommodating three or more families
living independently of each other and allowed to do their own cooking
on the premises.
One that does not conform with the regulations of the zoning
district in which it is situated.
[Amended 9-19-2005 by L.L. No. 1-2005]
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of permanent enclosure.
The off-street paved or surfaced area available and usable
for the parking of motor vehicles, exclusive of aisles, driveways,
passageways, lamps and other necessary space appurtenant thereto,
in which provision is made for accommodating each motor vehicle in
an area at least nine feet by 18 feet in size, with aisles for two-way
traffic at least 23 feet wide, and aisles for one-way traffic at least
16 feet wide.
[Amended 4-2-1984 by L.L. No. 2-1984]
A lot or lots, including the land and all buildings or structures
thereon.
[Amended 10-15-2007 by L.L. No. 5-2007]
Any area, title to which was vested as of January 1, 1962,
in the federal or state government or any subdivision thereof or any
area title to which is hereafter vested in this Village with its consent
where such area has been or shall be acquired, deeded or dedicated
according to law for a beach, street or park, or where such area consists
in whole or in part of lands covered by bodies of water.
[Added 9-11-1962]
VACANT PUBLIC AREAA public area which is not in any part covered or occupied by any structures or improvements other than walls, fences, roadways or sidewalks.
CONTIGUOUS VACANT PUBLIC AREAA single vacant public area or one or more such areas adjoining each other along one or more common boundary lines.
A building used for the storage of not more than three noncommercial
automobiles owned and used by the owner or tenant of the lot on which
it is erected for a purpose accessory to the use of the lot.
A use or building or portion of a building used for the commercial
storage, rental and/or minor repair of motor vehicles.
A yard across the full width of the lot extending from the
rear line of the building to the rear line of the lot.
A portion of a residence building housing not more than two
families and separated from another unit by a party wall. Such unit
shall be considered a separate building.
A business or other enterprise engaged primarily in the preparation
and sale of food and/or beverages selected from a full menu and consumed
on the premises of the business by patrons seated at a table or counter
and served by a waiter or waitress and using nondisposable food and
beverage containers and utensils. Sales of food and beverages in disposable
containers and wrappers for off-premises consumption, if incidental
to the primary business or enterprise described herein, shall not
cause such business or enterprise to be treated as a fast-food restaurant.
[5]
[Added 3-7-2000 by L.L. No. 1-2000]
A yard between the side of the building and the corresponding
side line of the lot and extending from the front yard to the rear
yard in the case of a single building on the front portion of the
lot. In the case of a rear building on the back portion of a lot,
the side yard shall be the yard between the side of said rear building
and the corresponding side line of the lot and extending from the
front face of said rear building to the rear line of the lot.
Includes every kind of billboard, signboard and other shape
or device or display arranged, intended, designed or used as an advertisement,
announcement or direction, including any text, symbol, marks, letters
or figures painted on or incorporated in the composition of the exterior
surface of a building or structure.
A building designed for and occupied exclusively as a home
or residence for not more than one family.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor,
or if there is no higher finished floor, then the term "story" shall
mean that part of the building comprised between the level of the
highest finished floor and the top of the roof beams. A basement shall
be counted as a story in determining height. A cellar shall not be
counted as a story in determining height.
[Added 3-24-1959]
Any public thoroughfare or space more than 20 feet in width
which may or may not have been dedicated or deeded to the public for
public use.
The distance between the boundary lines of a lot when measured
along any property line abutting a public street.
[Amended 4-5-1964]
A lot line dividing a lot from a street.
A combination of materials other than a building to form
a construction that is safe and stable, including, without limitation,
reviewing stands, platforms, stagings, radio towers, water tanks,
oil and fuel tanks, water towers, sheds, display signs, fences, retaining
walls, outdoor fireplaces, pools, pergolas, gazebos and machinery
or equipment that, due to its size and weight, or the manner in which
it is affixed to the ground or to another structure or building, is
not portable. The term “structure” shall be construed
as if followed by the words "or part thereof."
[Amended 10-15-2007 by L.L. No. 5-2007]
The officer or other person specifically charged by the Village
Board of Trustees with the administration and enforcement of this
chapter, or his duly authorized representative.
[Added 3-7-2019 by L.L.
No. 1-2019]
A building erected or used exclusively as a central station
where telephone lines meet and where connections are made between
them, and where no trucks or materials are stored.
An open porch without a permanent roof.[6]
Shall consist of residence units, as defined by this chapter,
each arranged for two families, separated by an eight-inch masonry
fire wall as a party wall.
A dwelling designed for and occupied exclusively as a home
or residence for not more than two families.
Any building where the area of the second floor is equal
to at least 75% of the area of the first floor.
One where the provisions of the definition of “two-story
building” are complied with and where the main eaves are below
the mid-height of the third story.
The mean width measured at right angles to its depth.
An open and unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
[1]
Editor's Note: The former definition of "abattoir,"
which immediately preceded this definition, was repealed 10-15-2007
by L.L. No. 5-2007.
[2]
Editor's Note: The definition of “automobile,”
added 6-9-1964, which immediately followed this definition, was deleted
9-19-2005 by L.L No. 1-2005.
[3]
Editor's Note: The former definition of "Building Inspector,"
which immediately followed this definition, was repealed pursuant
to L.L. No. 1-2019, adopted 3-7-2019. See now the definition of "Superintendent
of Buildings."
[4]
Editor's Note: The former definition of "junkyard,
" added 9-19-2005 by L.L. No. 1-2005, which immediately followed this
definition, was repealed 10-15-2007 by L.L. No. 5-2007.
[5]
Editor's Note: The former definition of "sanitorium,"
which immediately followed this definition, was repealed 10-15-2007
by L.L. No. 5-2007.
[6]
Editor's Note: The former definitions of "tourist
camp" and "trailer or camp car," which immediately followed this definition,
were repealed 10-15-2007 by L.L. No. 5-2007.
