As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA 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.
ADULT CABARETAny 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.
ADULT ENTERTAINMENT CENTERAny 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]
ADVERSE EFFECT ON VALUE OF EXISTING PROPERTYCompetent 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]
ALLEYA service way which affords generally a secondary public means of vehicular access or pedestrian access to abutting property.
ALTERATION, GENERALAny change to a structure which is not merely a repair or replacement of an existing part, or any change which would:
A. Enlarge or diminish the livable area of the structure or any part thereof.
B. Change the number of dwelling units contained in any structure.
C. Cause a change in the location of, or the height of, the exterior walls or roof of the structure.
D. Cause a change in any exit or entrance facilities.
ALTERATION, STRUCTURALAny change in the supporting members of a building, such as bearing walls, columns, beams. or girders.
AMUSEMENT PARKAn area of land developed with uses designed to provide commercial outdoor recreation, entertainment or amusement to persons using such facilities.
APARTMENT HOUSEA building arranged, intended or designed to be occupied by three or more families living independently of each other and having separate kitchen facilities.
APPROPRIATE ARCHITECTURAL STANDARDSThe 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]
ATTICThat 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.
BANKAn 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.
BASEMENTA 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.
BED-AND-BREAKFASTOwner-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]
BOARDINGHOUSEA 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."
BUILDINGAny roofed structure permanently affixed to the land intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREAThe 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.
BUILDING, COMPLETELY ENCLOSEDA 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.
BUILDING HEIGHTThe vertical distance measured from the mean finished grade at the foundation to the highest point of such building or structure.
BUILDING LINEThe 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.
BUILDING, PRINCIPALA building in which the primary use of the lot on which the building is located is conducted.
BUILDING, SEMIDETACHEDA building attached by a party wall to another building, normally of the same type on another lot, but having one side yard.
BULKA term used to describe the size, volume, area and shape of buildings and structures and the physical relationships thereof.
BUSINESS DISTRICT ZONERoute 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]
CARPORTA roofed structure, with or without enclosing walls, used for the storage of one or more automobiles.
CELLARA 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.
CLUB OR LODGEA 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.
COMMERCIAL MOTOR VEHICLEAny self-propelled or towed vehicle used on public highways in interstate commerce to transport passengers or property when:
A. The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds;
B. The vehicle is designed to transport more than 15 passengers, including the driver; or
C. 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).
CONDOMINIUMA 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.
COURT, INNER OR INTERIORA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER OR EXTERIORA 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.
COVERAGEThe lot area or percentage of lot area covered by the building area, including accessory buildings and structures.
CONDITIONAL USE OR USE BY SPECIAL PERMITA 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.
DAYThe period between 6:00 a.m. and 6:00 p.m.
DECKA flat, floored, roofless area attached or adjacent to a building.
DEGENERATION OF PROPERTYFailure 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]
DUPLEXA building containing two dwelling units. See "dwelling, two-family."
DWELLINGA building designed or used principally as the living quarters for one or more families. See "residence."
DWELLING UNITA 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.
EXCAVATIONThe 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.
EXCESSIVE DISSIMILARITY OR SIMILARITYA 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]
FACADEThe exterior wall of a building which fronts the street and is exposed to public view.
FAMILYOne 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.
FEEAll references to "fee" shall mean the schedule of fees as from time to time adopted by the Board of Trustees.
FENCEAny 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.
FINISHED GRADEElevation 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.
FLOOR AREAThe 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.
A. In particular, the "floor area" of a building or buildings shall include:
(2) Elevator shafts and stairwells at each floor; floor space used for mechanical equipment, with structural headroom of seven feet six inches or more.
(3) 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.
B. The "floor area" of a building shall not include:
(1) 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.
(2) Accessory water tanks and cooling towers.
(5) Terraces, uncovered or open porches and outside balconies.
(6) Accessory off-street parking spaces.
(7) Accessory off-street loading berth.
GARAGE, PRIVATEA 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.
GARAGE, PUBLICAny building or part thereof used for the storage, hiring, renting, selling, greasing, washing, servicing or repair of motor vehicles, which is operated for gain.
GASOLINE SERVICE STATIONAny 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.
HOME OCCUPATIONAn 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.
HOTEL OR INNA building or any part thereof which contains living and sleeping accommodations for transient occupancy and has a common exterior entrance or entrances.
INAPPROPRIATENESS OF DESIGNA 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]
JUNKYARDAny 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.
LOTA 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.
LOT, CORNERA 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.
LOT FRONTAGEA lot line which is coincident with a street line.
LOT LINEA line dividing one lot from another lot or from a street or alley.
LOT, THROUGHA lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTHThe horizontal distance between side lot lines measured at the required front lot line.
MOBILE HOMEA 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.
MOBILE HOME LOTA designated site of specific total land area for the accommodation of one mobile home and its occupants within a mobile home park.
MOBILE HOME PARKAny 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.
MOBILE HOME STANDA durable surface located on a mobile home lot which is capable of supporting, and on which is to be placed, a mobile home.
MOST APPROPRIATE DEVELOPMENTNew 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]
MOTELA 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.
MOTOR VEHICLEAny passenger vehicle, van, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
MOTOR VEHICLE REPAIR SHOPA building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING BUILDINGA 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.
NONCONFORMING BULKA 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.
NONCONFORMING LOTA 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.
NONCONFORMING USEAny 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.
NURSERY SCHOOLAny 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.
OPEN SPACELand 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.
OWNER OCCUPANCYThe 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]
PARKING SPACEAn 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.
PORCHA 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.
PREMISESA lot, together with all the buildings and uses thereon.
PROFESSIONAL AND PERSONAL SERVICE USESBusiness activities carried on directly between individuals within the following categories:
A. Business functions auxiliary to production and distribution (e.g. real estate, insurance, bookkeeping).
B. Labor that does not produce a tangible commodity (e.g. beauty/barber shops, musical and dance instruction, doctor's, lawyer's and accounting offices and other professional offices).
PUBLIC UTILITYAny 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.
RECREATIONAL VEHICLEA 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.
RESIDENCES (RESIDENTIAL)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.
RETAIL BUSINESS USEAny 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]
ROW HOUSEA building consisting of a series of two or more one-family attached residential dwelling units having common party walls between each dwelling unit.
SATELLITE ANTENNAA 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.
SCHOOL, PRIVATEA 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.
SEEN FROM THE PUBLIC STREETSFacades and sides of structures that are generally parallel to any street and not primarily hidden from view by another structure.
[Added 6-12-1984]
SELF-SERVICE STORAGE FACILITYA building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods.
SETBACKThe required minimum horizontal distance between the principal building line and lot line.
SIGNAny 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."
SIGN, ADVERTISINGA 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.
SIGN AREAThe 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.
SIGN, BILLBOARDAny advertising or business sign which contains a display area in excess of 50 square feet.
SIGN, BUSINESSA 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.
SIGN, FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, HISTORICSigns 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.
SIGN, ILLUMINATEDAny sign containing or designed to exhibit by use of an artificial source of light.
SIGN, PORTABLEAny 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.
SIGN, TEMPORARYAny 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.
STORYThat 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."
STREETAn existing public thoroughfare which affords the principal means of vehicular access to abutting properties.
STRUCTUREAnything 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.
SWIMMING POOLAny 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.
TRAILER, PRIVATE UTILITYA 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.
TRAVEL TRAILERAny 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.
USEThe 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.
VITAL HUMAN SERVICESMedical 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]
YARD, FRONTAn 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.
YARD, REARAn 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.
YARD, REQUIREDAn 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.
YARD, SIDEAn 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).