Terms defined. As used in this chapter, unless the
context or subject matter otherwise requires, the following words
shall have the following meanings:
ALTERATION, STRUCTURAL
Any modification of a building or structure, including but
not limited to a change or rearrangement of the walls, roof, ceiling,
floors, supporting beams, columns, or other structural parts; interior
plan or layout; the exterior architectural features; or the exit facilities
of a structure; or the moving of a building from one location to another.
ARCHITECTURAL FEATURES
The design characteristics of a building or structure, including
but not limited to cubicle contents, gross floor area, height of building
or structure, height of roof, type, quality and color of construction
materials, yard dimensions, decorative embellishments and finishes.
ATTIC
That portion of a building situated above a story and having
at least two opposite exterior walls meeting a sloping roof at a level
not higher above the floor than a distance equal to 1/2 the floor-to-ceiling
height of the story below.
BASEMENT
A story partly underground but having at least half of its
floor-to-ceiling height above the average level of the adjoining ground.
BLOCK
That land abutting on one side of a street extending to the
rear lot lines and lying between the two nearest intersecting or intercepting
streets or between the nearest intersecting or intercepting street
and the boundary of any railroad right-of-way, park or playground,
school ground, drainage basin or dead end of a street or cul-de-sac.
BOATS
Active or former seaworthy vessels or equipment of any size,
whether powered or otherwise, including jet skis and rafts.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property.
BUILDING, ACCESSORY
A building subordinate and incidental to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
BUILDING COVERAGE
The area of the maximum horizontal cross section of the buildings on a lot, excluding private residential garages, uncovered porches, decks, terraces, steps and other architectural features as defined under §
99-21E of this chapter.
[Amended 3-1-2005 by L.L. No. 2-2005]
BUILDING, FRONT OF
The side of a building most clearly parallel with and adjacent
to the frontage of the lot on which situated.
BUILDING GROUP
A group of two or more main buildings, and any buildings
accessory thereto, occupying a parcel of land in one ownership and
having any yard or court in common.
BUILDING HEIGHT
The vertical distance measured, in the case of flat roofs,
from the curb level to the level of the highest point of the roof
beams, and, in the case of pitched roofs, from the curb level to the
highest point of the gable. Where no roof beams exist or there are
structures wholly or partly above the roof, the height shall be measured
from the curb level to the highest point of the building. In case
no curb elevation has been established, the height of a building shall
be measured from the mean natural level of the ground immediately
adjacent to the bases of the building.
BUILDING, MAIN
A building in which is conducted the principal use of the
lot on which it is situated.
CELLAR
The part of a building which is partly or wholly underground
but having less than half of its floor-to-ceiling height above the
average level of the adjoining ground. A "cellar" shall not be used
or occupied as habitable space.
COOKING FACILITIES
Any space or equipment used for the preparation, cooking,
heating or reheating of food.
COURT
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
CURB GRADE
The established elevation of the curb in front of the building
measured at the center of such front.
DECK
An assembly of combustible or noncombustible materials either
attached to or separate from a building having a flat surface or group
of surfaces more than twelve inches in height above grade or an assembly
of combustible materials either attached to or separate from a building
having a flat surface or group of surfaces either at or above grade.
Regulations concerning minimum setbacks shall apply to a deck, but
a deck shall not be counted with respect to maximum lot coverage regulations.
DRIVEWAY
A path leading directly from the street to a garage having a maximum width of 12 feet. A driveway shall be constructed in accordance with the provisions of §
99-16J of this chapter.
[Amended 6-25-2002 by L.L. No. 3-2002]
DWELLING or DWELLING UNIT
(1)
A building or part thereof designed exclusively
as living quarters and containing cooking facilities. The term "dwelling"
or any combination of the term "dwelling" with any other word or words
shall not be deemed to include hotel, rooming house, motel, tourist
home, mobile home, hospital, dormitory, tent, fraternity or other
accommodations or uses in similar categories. The maximum number of
occupants of each dwelling unit shall be limited to a number determined
on the basis of the floor area of each habitable room, other than
kitchens, as follows:
(a)
One occupant per habitable room having a floor
area of at least 80 square feet but less than 120 square feet;
(b)
Two occupants per habitable room having a floor
area of at least 120 square feet but less than 180 square feet;
(c)
Three occupants per habitable room having a
floor area of 180 or more square feet.
(2)
For purposes of this definition, a habitable
room shall mean space used for living, sleeping, eating or cooking
and shall not include bathrooms, hallways, closets, enclosed porches
or vestibules.
DWELLING, ONE-FAMILY
A detached dwelling consisting of a building containing one
dwelling unit only and not occupied or designed for occupancy by more
than one family.
DWELLING, TWO-FAMILY
A detached dwelling containing two dwelling units only separated
by uninterrupted party walls, partitions or floors, and not occupied
or designed for occupancy by more than two families living independently
of each other.
DWELLING GROUP
A building group, consisting only of dwellings, located on
a lot in one ownership and having common yards, courts and open space.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units separated
by uninterrupted party walls, partitions or floors, and occupied or
designed for occupancy by three or more families living independently
of each other.
FAMILY
(1)
One or more persons, whether or not related
to each other by blood, marriage or adoption, all living together
as a single, stable, permanent and bona fide housekeeping unit, so
long as such persons together occupy and own, lease or rent the whole
of a separate building or dwelling unit in a family-like living arrangement
as the functional and factual equivalent of a natural family and use
all rooms and housekeeping facilities in common;
(2)
Any such number of persons shall not be deemed
to constitute a family, if any one of such persons may not have lawful
access to all parts of the separate building or dwelling unit; or
if any one or more of such persons lease or rent any separate portion
of such separate building or dwelling unit from any other person;
or if residency is temporary or transitional, either as part of an
educational, medical, rehabilitation or treatment process, or otherwise;
(3)
It shall be presumed that a separate building
or dwelling unit is occupied by more than one family if any two or
more of the following features may be found to exist by the Superintendent
of Buildings (or other person designated by the Mayor and Board of
Trustees to enforce this chapter): more than one mailbox, mail slot
or post office address; more than one doorbell or doorway on the same
side of the separate building or dwelling unit; more than one electric
meter; more than one gas meter; more than one connecting line for
cable television; separate entrances for segregated portions of the
separate building or dwelling unit; partitions or locked doors barring
access between segregated portions of the separate building or dwelling
unit including bedrooms; separate written or oral leases or rental
agreements or the payment of rent for portions of the separate building
or dwelling unit among its owner or residents; or two or more kitchens,
each of which contain a range or oven, refrigerator and sink, unless
it is otherwise proven by evidence presented to the Superintendent
of Buildings (or other person designated by the Mayor and Board of
Trustees to enforce this chapter) by the owner or resident of the
separate building or dwelling unit that is occupied by one family,
(all as defined in this section). The presumption provided for in
this subsection shall be rebuttable. Such presumption shall not preclude
the Superintendent of Buildings (or any other person designated by
the Mayor and Board of Trustees for enforcement of this chapter) from
making a determination that the separate building or dwelling unit
is not occupied by one family, based on other facts whether or not
listed in this subsection.
(4)
The Superintendent of Buildings (or any other
person designated by the Mayor and Board of Trustees to enforce this
chapter) shall make the primary determination as to the application
of this definition of family for the purposes of compliance with any
provisions of this Zoning Law and the New York State Building Code,
based upon an inspection of the premises, any information received
from the residents thereof or any other persons or documentary or
any other written evidence as to the condition of the premises or
the relationship and living arrangements of the residents, in consultation
with the Village Attorney, and the determination shall be presumed
to be correct and final, subject to review of or appeal to the Zoning
Board of Appeals and judicial review as provided by law.
FLOOR AREA
The area of a floor of a building, measured at the exterior
of the walls thereof.
FLOOR AREA, MINIMUM HABITABLE
The aggregate area of all floors used for dwelling purposes
within the outer walls of a building or of a part of a building separated
from all other parts by walls extending from floor to ceiling without
openings therein, exclusive of basements, cellars, rooms for heating
equipment, garages, unenclosed porches, steps and terraces and breezeways;
and including only such floor area of an attic in which the headroom
is a minimum of four feet, provided that a minimum ceiling height
of seven feet six inches shall exist for 50% of said floor area, and
provided further that there is access therefrom to the floor below
by a permanent built-in stairway.
GARAGE, COMMERCIAL
A building or part thereof, other than a private or parking
garage, used for the storage, care, maintenance, repair, alteration,
service or other commercial activities in relation to motor vehicles.
GARAGE, PARKING
A building or part thereof, other than a private or repair
garage, used for the storage of passenger vehicles and which may include
servicing of said vehicles as an incidental use but not the repair
thereof, and keeping any such vehicles for hire.
GARAGE, PRIVATE
A detached accessory building or part of a main building
used only for the parking or temporary storage of automobiles of the
occupants of the main building or building group to which the garage
is accessory or of which it is a part and in which no service, occupation
or business is conducted.
GARAGE, PRIVATE RESIDENTIAL
A nonhabitable accessory building used for the parking of
a motor vehicle upon residential property. If, for any reason, a private
garage is removed, it must be replaced within six months.
GOVERNMENTAL VEHICLE
Any motor vehicle, bus, trailer, boat, tractor or truck used
for the transportation of persons or property, or for any repair or
maintenance of property used in the operation of a municipality, school
district or other governmental or public entity, except for conventional
passenger cars and station wagons. No governmental vehicle may be
parked or stored overnight on residential property.
HOME, MOBILE
A structure or vehicle containing one or more habitable units
that is so designed as to be transportable, either by being drawn
or propelled or under its own power. This definition shall apply regardless
of whether or not the wheels or other devices for transportability
are actually in place. A trailer, house-car or similar designations
are deemed to be mobile homes.
HOME OFFICE
An accessory use within a dwelling that involves activities
which only require the use of typical light office equipment and which
involve no nonresident employees, no business-related visits, no warehousing
of customer inventory, and no signage.
[Added 10-6-2020 by L.L. No. 1-2020]
LATTICE
An open structure composed of wood, metal or other material
made by crossing rods or bars and forming a network used as a screen
or support.
LOT
Land occupied or to be occupied by a use or building and
any buildings or uses accessory thereto, together with the required
open spaces appurtenant to such use or building, and having its principal
frontage on a street. A parcel of land shall be deemed to be a lot
in accordance with this definition regardless of whether or not the
boundaries thereof coincide with the boundaries of lots or parcels
as shown on any map of record.
LOT AREA
The total area included within lot lines.
LOT, CORNER
A lot at the juncture of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 140°.
LOT DEPTH
The mean distance between the front and rear lot lines. On
a corner lot, the narrower lot line shall be the front lot line.
LOT, FLAG
A proposed lot, the proposed buildable area of which (i.e.,
the portion with the greater width or "flag portion") is connected
to the street or public right-of-way providing proposed access to
such proposed buildable area by a strip of land of reduced width (i.e.,
the "pole" portion), the principal purpose of which is to provide
physical access to the proposed buildable area. In general, the proposed
buildable area of a flag lot is located to the rear of another lot
or lots having frontage on the same or an intersecting street.
[Added 12-7-2004 by L.L. No. 11-2004]
LOT FRONTAGE
That dimension of a lot measured along the front lot or street
line thereof, or if said front lot or street line is curved, along
the chord of the arc. On a corner lot, the lot shall be deemed to
front on the street with the narrower frontage, and where the two
street frontages are of the same length, the owner may elect either
street frontage as the front lot line.
LOT LINE
Any boundary of a lot. Any lot line not a rear lot line or
a front lot line shall be a side lot line.
LOT LINE, FRONT
The dividing line between a lot and a street; also termed
"street line."
LOT LINE, REAR
The lot line that is generally opposite the lot line along
the frontage of the lot, which on a corner lot shall be the line opposite
the street of narrower frontage.
LOT WIDTH
The mean distance between the side lot lines, measured at
right angles to the lot depth.
MARIJUANA
The term "marijuana" shall have the same definition ascribed
to "marihuana" in § 3302 of the New York Public Health Law.
[Added 2-5-2019 by L.L.
No. 2-2019]
MARIJUANA PRODUCT
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
[Added 2-5-2019 by L.L.
No. 2-2019]
MEDICAL MARIJUANA
The term "medical marijuana" shall have the same definition
ascribed to "medical marihuana" in § 3360 of the New York
Public Health Law.
[Added 2-5-2019 by L.L.
No. 2-2019]
PARKING AREA, PRIVATE
An open off-street area, as an accessory use, containing
parking spaces for automobiles owned by occupants of a main building
or their employees or customers.
PARKING AREA, PUBLIC
An open off-street area, other than a private parking area,
containing parking spaces for automobiles and available for public
use.
PATIO
An assembly of noncombustible materials either attached to
or separate from a building having a flat surface or group of surfaces
of twelve inches or less in height above grade. Regulations concerning
minimum setbacks shall apply to a patio, but a patio shall not be
counted with respect to maximum lot coverage regulations.
PORCH
The term "porch" shall include any porch, veranda, gallery,
terrace, pergola, piazza, portico or similar projection from a main
wall of a building, which is covered by a roof and which is not heated.
PREEXISTING BUILDING
A building or part thereof which with respect to the application
thereto of any regulation prescribed by this chapter:
(1)
Was lawfully in existence at the time that such
regulation became applicable thereto, whether by the adoption of the
first Zoning Ordinance of the Village or of any subsequent ordinance
or local law replacing the same, including this chapter, or of any
amendments of any of the foregoing, and
(2)
Has not since that time been altered in any
manner or moved so as thereby to make impossible the full and strict
application of such regulation to such building.
PREEXISTING LOT
A lot which was of record under single ownership either prior
to the adoption of the first Zoning Ordinance of the Village or prior
to any subsequent ordinance or local law replacing the same, including
this chapter, or prior to any amendment of any of the foregoing; and
has not since that time been reduced in any dimension or in area or
otherwise changed so as thereby to make impossible the full and strict
application of any regulation to such lot (regardless of any other
change, alteration or reduction that has not had the foregoing effect).
PREEXISTING STRUCTURE
Any structure or part thereof which was lawfully in existence
at the effective date of this chapter.
PREEXISTING USE
A use which with respect to the application thereto of any
regulation prescribed by this chapter:
(1)
Was lawfully in existence at the time that such
regulation first became applicable thereto, whether by the adoption
of the first Zoning Chapter of the Village or by any subsequent chapter
or local law replacing the same, including this chapter, or of any
amendment to any of the foregoing; and
(2)
Has not since that time been changed in any
manner so as thereby to make impossible the full and strict application
of such regulation to such use (regardless of any other change, alteration
or reduction that has not had the foregoing effect).
SCHOOL
An institution or place for learning, limited to prekindergarten
through grade 12, other than a public school, but furnishing a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting educational requirements of the laws of
the State of New York. This shall not include a college, nursery school,
day camp, professional school or a school giving special or limited
instruction in areas of learning such as business, art, music, dance
or riding.
SCHOOL, PROFESSIONAL
A school giving regular instruction in professional subjects,
such as the dramatic or graphic arts, business, dancing, languages,
music, sciences or stenography and secretarial courses.
SCHOOL, PUBLIC
An institution or place for learning, limited to prekindergarten
through grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, nursery
school, day camp, professional school or a school giving special or
limited instruction in areas of learning such as business, art, music,
dance or riding.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether
by sole or joint ownership or otherwise.
STORY
That part of any building comprised between the surface of
one floor, except a cellar floor, and the surface of the next higher
floor or, if there is no higher floor, then that part of the building
comprised between the surface of the highest floor and the ceiling
above, except an attic ceiling.
STREET
A thoroughfare open to public vehicular travel and affording
the principal means of access to abutting land or property.
STREET LINE
The dividing line between a street and a lot; also termed
"front lot line."
STRUCTURE
Any combination of materials forming a construction or part
thereof, other than a building, the use of which requires location
on the ground or attachment to something having location on the ground,
including but not limited to fences and walls; gasoline pumps, gates
and gateposts; mobile dwellings, whether mobile or stationary at the
time; platforms or stands; pools; porches; sheds or bins; shelters;
signs; standpipes; tanks of any kind; towers of any kind, including
radio and television towers and antennas; parabolic or hemispheric
discs or dishes or other similar convex or concave antennas, the purpose
of which is to receive television and radio and/or microwave or other
similar signals from satellites or ground stations which transmit
satellite signals, but excluding conventional television and radio
aerials; tents; patios and trellises.
USE
The purpose for which land or a building or a structure,
or a portion thereof, is designed, arranged, intended, occupied or
maintained. The term "permitted use" or any variant or any other form
of said term having the same meaning shall not be deemed to include
any nonconforming use.
USE, ACCESSORY
A use which is customarily associated with and incidental
and subordinate to the principal uses of a lot or a building and which
is located on the same lot therewith; provided, however, that an accessory
use in the context of a gasoline station must relate directly to the
motor vehicles and maintenance of motor vehicles.
USE, SPECIAL
A use prohibited unless a permit therefor shall have been
received from the Board of Trustees.
VEHICLE, COMMERCIAL
Any trailer, boat, tractor, van, truck or motor vehicle used
for transportation for compensation or for hire of persons or property
or used in conjunction with a trade or occupation. For the purposes
of this definition, a limousine is presumed to be a commercial vehicle.
Lack of commercial license plate or commercial registration shall
not be conclusive proof that a vehicle is not a commercial vehicle
within this definition.
YARD
An open, unoccupied space, other than a court, on the same
lot with a building or a building group, which open space lies between
the building or building group and the nearest lot line and is unobstructed
from the ground upward, except for trees, shrubbery or other natural
landscaping or as otherwise permitted in this chapter. The depth or
width of a yard, as the case may be, shall be measured from the nearest
part of the building to the nearest point of the lot line bounding
the yard.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the street line of the lot and the nearest building line of
the main building or building group.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear lot line and the main building or building group.
YARD, SIDE
A yard between the side lot line and the nearest point of
the main building or building group and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
front or rear lot line, as the case may be.
[Amended 6-6-2006 by L.L. No. 5-2006]