A.
For the purposes of this chapter certain words and
terms used herein shall have the meanings given in this Article. Except
where specifically defined herein, all words shall carry their customary
meanings. Words used in the present tense include the future tense,
words used in the singular include the plural and the plural the singular
unless the context clearly indicates the contrary.
B.
The word "shall" is mandatory and not permissive.
C.
The word "building" includes the word "structure"
and refers to all other structures of every description except fences
and walls, regardless of dissimilarity to conventional building forms.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "person" includes a corporation as well as
an individual.
F.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
As used in this chapter, the following terms
shall have the meanings indicated:
A term applied to a use, building or other structure, clearly
incidental or subordinate, but customary to the principal use, located
on the same lot with the principal use.
Any cabaret, restaurant, tavern, bar or similar establishment
which features "go-go" dancers, exotic dancers, strippers, male or
female impersonators, nude, "topless" or "bottomless" or similar entertainers,
employees or proprietors.
Any commercial or business establishment which, by the nature
of its product, service, displays or the like, either by prevailing
practice or by state or federal statute, excludes minors, or any other
business that sells or displays sexually provocative adult-oriented
products and/or clothing, or any business engaged in the sale of exotic
smoking accessories.
[Amended 4-23-2007 by L.L. No. 3-2007]
Competent proof indicating comparable examples that the planned
change would reduce the fair market value of an existing property,
including the property of the applicant.
[Added 6-12-1984]
A service way which affords generally a secondary public
means of vehicular access or pedestrian access to abutting property.
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 area of the
structure or any part thereof.
Change the number of dwelling units contained
in any structure.
Cause a change in the location of, or the height
of, the exterior walls or roof of the structure.
Cause a change in any exit or entrance facilities.
Cause a change in use.
Any change in the supporting members of a building, such
as bearing walls, columns, beams. or girders.
An area of land developed with uses designed to provide commercial
outdoor recreation, entertainment or amusement to persons using such
facilities.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other and having
separate kitchen facilities.
The existence of drawings, diagrams and other preliminary
work, as well as a compliance with fire and building codes and a schedule
of construction and costs. The need for such standards should relate
directly to the magnitude of the planned improvements.
[Added 6-12-1984]
See "building area."
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as (1/2) story in determining the permissible number
of stories.
An establishment where the primary purpose is for the custody,
loan, exchange or issue of money, for the extension of credit and
for facilitating the transmission of funds.
A story partly below ground but having at least 1/2 of its
height above the average grade of the adjoining ground. A basement
shall be counted as one story in determining the permissible number
of stories.
Owner-occupied, one-family dwelling used for providing overnight
accommodations and a morning meal to not more than 10 transient lodgers,
containing at least three but not more than five bedrooms for such
lodgers. The owner must live on the premises.
[Amended 10-25-1999 by L.L. No. 7-1999]
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a one-family unit. A rooming
house shall be deemed a "boardinghouse."
Any roofed structure permanently affixed to the land intended
for the shelter, housing or enclosure of persons, animals or chattel.
See "accessory use."
The total floor area of each building, including open or
enclosed porches or car ports, but excluding steps, uncovered porches,
open fire escapes, awnings and canopies, bay windows, window sills,
cornices, eaves and other similar architectural features.
A building separated on all sides from adjacent open space
or other buildings by fixed interior walls or party walls, pierced
only by windows and doors, and covered by a permanent roof.
A building entirely surrounded by open space on the same
lot.
The vertical distance measured from the mean finished grade
at the foundation to the highest point of such building or structure.
The closed traverse upon a lot which exactly encloses the
exterior limits of a building or other structure, including bay windows,
covered porches or any projections thereof which are in aggregate
over 50 square feet in area.
A building in which the primary use of the lot on which the
building is located is conducted.
A building attached by a party wall to another building,
normally of the same type on another lot, but having one side yard.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationships thereof.
Route 50 from VanBuren Street, north to North High Street
and all areas currently designated as "Central Business District."
[Added 10-23-2006 by L.L. No. 6-2006]
A roofed structure, with or without enclosing walls, used
for the storage of one or more automobiles.
A story partly below ground but having greater than at least
1/2 of its height below the average grade of the adjoining ground.
A cellar shall not be counted in determining the permissible number
of stories.
A building or portion thereof, or premises, owned or operated
by a corporation, association, person or persons for social, recreational
or athletic activities, but not primarily for profit or to render
a service which is customarily carried on as a business.
Any self-propelled or towed vehicle used on public highways
in interstate commerce to transport passengers or property when:
The vehicle has a gross vehicle weight rating
or gross combination weight rating of 10,001 or more pounds;
The vehicle is designed to transport more than
15 passengers, including the driver; or
The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under regulations
issued by the Secretary of the United States Department of Transportation
under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1813).
A multifamily project of one-family dwelling units which
may consist of one, a part or more than one building wherein the real
property title and ownership are vested in an owner who has an undivided
interest with others in the common usage areas and facilities which
service the development. The means of administration and maintenance
of common areas are mutually entered into by the respective owners.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway or yard.
The lot area or percentage of lot area covered by the building
area, including accessory buildings and structures.
A use that would not be appropriate generally or without
restriction through the zoning district but which, if controlled as
to number, area, location or relation to the neighborhood, would not
be detrimental to public health, safety or general welfare.
The overall size and geometric shape of a structure.
The period between 6:00 a.m. and 6:00 p.m.
A flat, floored, roofless area attached or adjacent to a
building.
Failure to maintain the property; making alterations which
are unsafe, are detrimental to the building fabric, interfere with
the diagnosis of water damage or other structural deterioration, cause
overcrowding or over-utilization of space or which cause a decrease
in the value of an existing property to a point where it would not
be reasonable to expect further financial investment in such property.
[Added 6-12-1984]
See "junkyard."
A building containing two dwelling units. See "dwelling,
two-family."
A building designed or used principally as the living quarters
for one or more families. See "residence."
A building or portion thereof containing three or more dwelling
units.
A building containing only one dwelling unit.
A building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family, including provisions for sleeping, eating,
cooking and sanitation, other than a trailer. For the purpose of calculating
required usable open space or required parking space for boarding,
rooming, fraternity, sorority houses and the like, an additional dwelling
unit shall be counted for every two bedrooms, or fraction thereof,
occupied by residents not included as a member of the family which
occupies the principal dwelling unit.
The digging and/or removal of topsoil, subsoil rock and/or
stone not exceeding 1,000 cubic yards on an annual basis. Any amount
in excess of this volume removed on an annual basis shall be subject
to the requirements of the New York State Mined Land Reclamation Law,
Article 23 of the Environmental Conservation Law.
A proposed change which, when made, will appear so atrocious
that the change will be expected to affect the value of neighboring
properties by making the view from those properties unpleasant. Excessive
similarity is not meant to apply to row houses, which were built as
an architectural unit.
[Added 6-12-1984]
The exterior wall of a building which fronts the street and
is exposed to public view.
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
A "family" may consist of a single person or of two or more persons,
whether or not related by blood, marriage or adoption, and may also
include domestic servants or gratuitous guests.
All references to "fee" shall mean the schedule of fees as
from time to time adopted by the Board of Trustees.[1]
Any artificially constructed barrier made of wood, metal
or similar solid material, or a vegetation that provides a full or
partial visual barrier in all seasons of the year.
See "gasoline service station."
Elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, for purposes of computing height of buildings and other structures
or for other purposes, shall be the mean elevation at which the finished
surface of the surrounding lot intersects the front walls or supports
of the building or structure or intersects those walls or supports
facing the street.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior faces
of exterior walls or from the center lines of walls separating two
buildings.
In particular, the "floor area" of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor;
floor space used for mechanical equipment, with structural headroom
of seven feet six inches or more.
Attic spaces (whether or not a floor has actually
been laid) providing structural headroom of seven feet six inches
or more; interior balconies and mezzanines, enclosed porches and accessory
uses, but not including space used for accessory off-street parking.
The "floor area" of a building shall not include:
Cellar space, except that cellar spaces used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Accessory water tanks and cooling towers.
Exterior stairs.
Exterior fire escapes.
Terraces, uncovered or open porches and outside
balconies.
Accessory off-street parking spaces.
Accessory off-street loading berth.
A building or enclosed space primarily designed or used for
the storage of one or more motor vehicles and other personal property,
provided that no business, occupation or service is conducted for
profit therein, and no space is let for any purpose except for the
storage of one or two automobiles.
Any building or part thereof used for the storage, hiring,
renting, selling, greasing, washing, servicing or repair of motor
vehicles, which is operated for gain.
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil or other motor vehicle fuel and which
may include facilities for washing, lubricating, cleaning or otherwise
servicing motor vehicles, but not for painting.
An accessory use of an owner-occupied dwelling unit for gainful
employment which is clearly incidental and subordinate to the use
of the dwelling unit as a residence, is carried on solely within the
main dwelling and does not alter or change the exterior character
or appearances of the dwelling and is created and operated by the
occupant with no more than one outside employee. No offensive odors,
noise, vibration, dust, heat or glare shall be produced if the occupation
is to qualify as a home occupation. Specific regulations can be found
in Schedule A.[2]
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy and has a common exterior
entrance or entrances.
A planned change which would be expected to be inadequately
constructed (e.g., improper footings), to clash with the visual surroundings,
to detract from existing architectural elements of a structure or
to fail to comply with other codes.
[Added 6-12-1984]
A clash of visual impacts, rather than a need to conform
exactly to an architectural style.
[Added 6-12-1984]
Any open area where waste materials are bought, sold, exchanged,
stored, processed or handled; materials shall include, but are not
limited to, scrap iron and other metals, paper, rags, rubber tires
and bottles. Also includes a parcel of land, or part thereof, used
for the collection, dismantling, storage and salvaging of appliances,
vehicles or other machinery. The storage on a lot of two or more unregistered
motor vehicles or the major parts thereof or any appliance or any
other waste described above shall be deemed to make the lot a "junkyard."
The temporary storage, sorting, shipping and/or receiving of recycled
materials mandated by state or local law is specifically excluded
from this definition.
See "club."
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, interest and ownership;
and including such open spaces, parking and loading spaces as are
required by this chapter; and having its principal frontage upon a
public/private street.
A lot abutting more than one street. "Corner lots" will have
a minimum of frontage on all streets on which the lot abuts. There
will be front setbacks from all streets on which the lot abuts and
sideline setbacks from all remaining property lines.
See "coverage."
A lot line which is coincident with a street line.
A line dividing one lot from another lot or from a street
or alley.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The horizontal distance between side lot lines measured at
the required front lot line.
A factory-finished movable dwelling unit designed and built
on a frame and wheels, to be towed on its own chassis, which is used,
designed to be used and/or capable of being used as a residence, and
which is intended to be occupied as living quarters.
A designated site of specific total land area for the accommodation
of one mobile home and its occupants within a mobile home park.
Any parcel of land which is planned and improved for the
placement of two or more mobile homes for occupancy for a least 30
days continuously.
A durable surface located on a mobile home lot which is capable
of supporting, and on which is to be placed, a mobile home.
See "bank."
New or additional construction which will better the zoned
land use of the area and preserve the architectural and historical
nature of the area.
[Added 6-12-1984]
A building or group of buildings containing individual living
and sleeping accommodations primarily consisting of one-bedroom-and-bath
units, each of which is provided with a separate exterior entrance
and a parking space, and is offered principally for rental and use
by motor vehicle travelers on a transient basis only.
Any passenger vehicle, van, truck, truck-trailer, trailer
or semitrailer propelled or drawn by mechanical power.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A building or structure existing at the time of enactment
of this chapter which does not conform to the area regulations of
the district or zone in which it is situated.
A building or structure lawfully existing at the time of
enactment of this chapter which does not conform to the bulk regulations
of the district or zone in which it is situated.
A lot existing at the time of enactment of this chapter which
does not conform to the area and other dimensional regulations of
the district or zone in which it is situated.
Any use of a building, other structure or tract of land otherwise
lawfully established but which does not conform to the use requirements
for the district in which such use is located either at the effective
date of this chapter or as a result of subsequent amendments thereto.
Any place, however designated, operated for the purpose of
providing daytime care or instruction for four or more children from
two to five years of age, inclusive, and operated on a regular basis,
including kindergartens, day nurseries and day-care centers, except
New York State licensed day-care facilities.
Any dwelling used for the accommodation and care of persons
for whom nursing services are available.
Land not covered by buildings or parking lots, open storage,
mining operations or any other use that visually obscures the natural
or improved landscape, except for recreational facilities.
The true owner as listed on the Village assessment rolls
is required to physically occupy the property.
[Added 10-25-1999 by L.L. No. 7-1999]
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet, exclusive
of passageways and driveways thereto, and having direct access to
a street or alley.
The distance between the property line and paved areas on
the site.
Any determination which is unaccompanied by a reasonable
written explanation using the standards set forth in the Historic
Zoning Law.[3]
[Added 6-12-1984]
A roofed, open or enclosed structure projecting from the
outside wall of a building which is not fit for human habitation on
a year-round basis.
A lot, together with all the buildings and uses thereon.
Business activities carried on directly between individuals
within the following categories:
Any public service device governed under the jurisdiction
of the Public Service Commission and Cable Television Commission,
including water, sewer, gas, telephone, television and electric. Also
including public utility structures such as electric lines and poles,
gas mains, water mains, telephone and telegraph lines and poles and
transmission towers.
A mobile unit designed and built for recreational travel,
camping or vacation use on land, water or air, which is equipped to
provide portable, temporary shelter. The term includes, but is not
limited to, campers, motor homes, travel trailers and truck-mounts.
A building, or any part of a building, which contains living
and sleeping accommodations for permanent occupancy. "Residence,"
therefore, includes all one-family and two-family residences, row
houses, apartment houses, boarding, rooming, fraternity and sorority
houses. However, "residences" shall not include transient accommodations
such as hotels, motels and travel trailers.
Any commercial enterprise involved in the sale of goods or
merchandise to members of the public who are generally intended to
be the consumers of these goods. This would include, but is not limited
to, clothes cleaners, liquor stores, florist shops, pet stores, supermarkets,
photo-finishing stores, copy centers, hardware stores, antique shops,
restaurants, and food service establishments. This specifically excludes
any adult entertainment center uses.
[Amended 4-23-2007 by L.L. No. 3-2007]
See "boardinghouse."
A building consisting of a series of two or more one-family
attached residential dwelling units having common party walls between
each dwelling unit.
A round, parabolic antenna intended to receive signals from
orbiting satellites and other sources. Noncommercial dish antennas
are defined as being less than 135 square feet in area as measured
from the edges of the parabolic antenna, while commercial dish antennas
are usually those larger than 135 square feet in area and typically
used by broadcasting stations.
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools and high schools, but is not supported by local
tax revenues derived from private property and normally involves the
payment of tuition for a student's attendance.
Facades and sides of structures that are generally parallel
to any street and not primarily hidden from view by another structure.
[Added 6-12-1984]
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods.
The required minimum horizontal distance between the principal
building line and lot line.
Any structure, or part thereof, or any device affixed to
or 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. Each
display surface shall be considered to be a "sign."
A sign which directs attention to a business, commodity,
service or entertainment sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed.
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border,
but excluding the supports if they are not used for advertising purposes.
Curved, spherical or any other shaped sign face shall be computed
on the basis of actual surface area, and all faces of the sign shall
be counted in computing the surface area. The copy of signs composed
of individual letters, numerals or other devices shall be the sum
of the area of the smallest rectangle or other geometric figure encompassing
each of said letter or devices.
Any advertising or business sign which contains a display
area in excess of 50 square feet.
A sign which directs attention to a business or profession
conducted or a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
Signs are designated "historic" upon the finding that they
exhibit unique characteristics that enhance the streetscape or the
historic identity of the Village or neighborhood. For example, an
historic sign could be an animated sign, ghost sign or landmark sign,
the continued existence of which is encouraged and is beneficial to
the public good because of the sign's contribution to the historical
or cultural character of the streetscape and the community at large.
The Village Historic District Commission shall make all final determinations
as to whether or not a sign is considered historic.
Any sign containing or designed to exhibit by use of an artificial
source of light.
Any sign that is designed to be transported, including but
not limited to signs with wheels removed; with chassis or support
constructed without wheels; designed to be transported by trailer
or wheels; converted to A- or T-frame signs; attached temporarily
or permanently to the ground, structure or other signs; mounted on
a vehicle for advertising purposes, parked and visible from the public
right-of--way, except signs identifying the related business when
the vehicle is being used in the normal day-to-day operations of that
business; menu and sandwich boards; searchlight stands; and hot-air
or gas-filled balloons or umbrellas used for advertising.
Any sign, including a display, banner or other advertising
device constructed of cloth, canvas, fabric, wood or other temporary
material, with or without a structural frame and intended for a limited
period of display of no more than 30 days, including decorative displays
for holidays or public demonstrations.
That portion of a building, other than the cellar, included
between the surface of any floor and the surface of the next floor
above it, or, if there be no floor above it, then the space between
any floor and the ceiling next above it. See "attic" or "basement."
An existing public thoroughfare which affords the principal
means of vehicular access to abutting properties.
Anything constructed or erected with the exception of fences
and walls, the use of which requires location on the ground or attachment
to something having location on the ground.
Any body of water or receptacle for water having a depth
at any point greater than two feet, and is used or intended to be
used for swimming or bathing, and constructed, installed or maintained
in or above the ground outside any building.
See "row house."
A parcel of land which is used or intended to be used for
the parking of two or more travel trailers.
A wheeled, non-self-propelled vehicle, designed or used primarily
for the hauling and transportation of materials, equipment or personal
property, not exceeding one ton in capacity.
Any portable vehicle which is designed to be transported
on its own wheels; which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes; and which
may or may not include all of the facilities included in a mobile
home.
The purpose for which any buildings, other structures or
land may be arranged, designed, intended, maintained or occupied,
or any occupation, business activity or operation conducted or intended
to be conducted in a building or other structure or on land.
Medical doctors, dentists, physical therapists, and chiropractic
offices.
[Added 10-23-2006 by L.L. No. 6-2006; amended 4-23-2007 by L.L. No. 3-2007; 4-22-2013 by L.L. No. 1-2013]
An open unoccupied space extending the full width of the
full lot and situated between the front line of the principal building
and the property line. On a corner lot, a "yard" shall be provided
on each street equal in depth to the required front yard on such streets.
An open space extending across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory buildings and open
porches.
An open space on the same lot with a building, extending
open and unobstructed from the ground upward, along a lot line for
a depth or width as specified by the bulk regulations of the district
in which the lot is located.[4]
An open space on the same lot situated between the principal
building and the side line of the lot and extending from the front
yard (or from the front lot line if there is no required front yard)
to the rear yard (or rear lot line if there is no required rear yard).
