Canisteo Village City Zoning Code
ARTICLE X
Definitions and Word Usage
§ 119-89 Word usage.
Except where specifically defined herein, all words used in this chapter carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action. The phrase "used for" includes "arranged for," "designed for," "intended," "maintained for" and "occupied for."
§ 119-90 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
AGRICULTURE
The tilling of soil, raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit-packing plants, fur farms, animal hospitals or similar uses.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.
AREA OF SHALLOW FLOODING
A designated AO or V5 Zone on a Flood Insurance Rate Map, with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
AREA, BUILDING
The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT
A story partly below finished grade, but having at least 1/2 of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.
BILLBOARDS
A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
BOARDINGHOUSE, ROOMING HOUSE, LODGING HOUSE or DORMITORY
A building or part thereof, other than hotel, motel or restaurant, where meals and/or lodging are provided for compensation, direct or indirect, for three or more unrelated persons when no kitchen or dining facilities are provided in individual rooms.
BUILDABLE AREA
The portion of a lot remaining after required yards have been provided.
BUILDING
Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING GROUP
A group of two or more principal buildings, and any buildings accessory thereto, occupying a lot in one ownership and having any yard in common.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL
A building in which is conducted the main or primary use of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULK
A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls on their location to lot line, other buildings and structures or other walls of the same building and all open spaces required in connection with a building, other structure or tract of land.
CAMPING TRAILER
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use.
CELLAR
Any space in a building, the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided they are not conducting any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COMMERCIAL VEHICLE
A vehicle of one-ton capacity or more, used for the transportation of persons or goods, primarily for gain, or a vehicle of any capacity carrying a permanent affixed sign or lettering of a commercial nature, including but not limited to trucks, buses, vans and truck tractors.
COMMUNITY
Village of Canisteo.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles, or parts thereof, which are in active use by a construction contractor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings for other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
DISCONTINUANCE
A.
Vacancy of a building for a period of 30 days.
B.
Vacancy of land for a period of 90 days.
C.
Clear intent on the part of the owner to abandon a nonconforming use.
DISH ANTENNA
See "satellite earth station."
[Added 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
DWELLING
A building designed or used principally as the living quarters for one or more families. The terms "dwelling," "single-family" or "dwelling group" shall not be deemed to include motels, hotels, rooming houses or other accommodations used for more or less transient occupancy (see "residences" or "residential").
DWELLING GROUP
A group of three or more, but not over nine, attached single- or two-family dwellings with party walls between.
DWELLING, MODULAR UNIT OR SECTIONAL HOME
A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated subelements which are to be incorporated into a structure at the site. All "modular units" shall meet New York State Building Code[1] requirements and further shall be registered with the New York State Department of Housing and Community Renewal. Evidence of registration shall be required prior to granting a building permit.
[Amended 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units, designed for occupancy of not more than two families.
ESSENTIAL SERVICES
Erection, alteration and maintenance of telephone dial equipment centers, electrical and gas substations, pumping stations and similar aboveground structures.
EXTRACTIVE OPERATIONS
The removal of soil, gravel or sand for purposes unrelated to excavation for construction where the extractive operation is conducted.
FAMILY
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FLOOD HAZARD BOUNDARY MAP (FHBM)
An Official Map of a community, issued by the Federal Insurance Administration, where the boundaries of the flood- and mudslide-related erosion areas having special hazards have been designated as Zones A, M and/or E.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Insurance Administration has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD or FLOODING
A.
A general and temporary condition of partial or complete inundation of normally dry land areas, from:
(1)
The overflow of inland waters.
(2)
The unusual and rapid accumulation or runoff of surface waters from any source.
(3)
Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.
B.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN OVERLAY ZONE
That area of the municipality identified on the Flood Hazard Boundary Map as being subject to flood and/or mudslide hazards, which area is delineated on the Zoning Map and for which special floodplain management requirements and criteria are enumerated herein.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
FLOODWAY ENCROACHMENT LINES
The lines marking the limits of floodways on official federal, state and local floodplain maps.
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building or part thereof, that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating, washing (which does not require mechanical equipment) or otherwise servicing motor vehicles, but not including auto bodywork, welding or painting.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not habitable.
HEIGHT OF BUILDING
The vertical distance measured from the average finished grade along the wall of the building, or adjacent to the side of the structure, to the highest point of such building or structure.[2]
HOTEL
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.
JUNKYARD
An area of land with or without buildings used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two vehicles or more, wrecked or broken down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a "junkyard."
KENNEL
Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for boarding, care or breeding for which a fee is charged or paid.
LOT
A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same. A lot shall abut and be accessible from a public or private street.
LOT COVERAGE
A lot area or percentage of lot area covered by buildings or structures, including accessory building or structures.
LOT DEPTH
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.
LOT FRONTAGE
The frontage of a lot shall be construed to be that portion of the building line or front yard line adjacent to a public street.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
An area designated as a separate distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of the Steuben County Clerk's office.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to its depth at the building line.
LOT, CORNER
A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
MINI STORAGE WAREHOUSE
A structure of less than 2,500 square feet floor space containing individually accessed rooms or enclosed spaces for the storage of nonhazardous personal property for a rental fee. Each such enclosed space or room shall be accessed by a door of solid construction without windows.[3]
[Added 11-5-1990 by L.L. No. 2-1990]
MOTEL
A building or a group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabins," "tourist home," or "roadside hotel."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NONCONFORMING BUILDING OR USE
A building, use, lot or activity which was lawful prior to the adoption of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or enactment.
[Amended 4-3-1989 by L.L. No. 4-1989]
NURSERY SCHOOL
Any place, however designated, operated for the purpose of providing daytime care or instruction for two 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.
NURSING OR CONVALESCENT HOMES
A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
ONE-HUNDRED-YEAR FLOOD
See "base flood."
PARKING SPACE, OFF-STREET
A space, other than a public street, suitable for parking an automobile, with adequate room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
PERSON
An individual, heirs, executors, administrators or assigns, and a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PREMISES
A lot, together with all the buildings and uses thereon.
PROFESSIONAL OFFICES
The use of offices and related spaces for professional services such as are provided by medical practitioners, attorneys, architects, engineers and similar professions.
RECREATION EQUIPMENT, MAJOR
Shall include travel trailers, tent campers, pickup coaches, motorized homes, boats, boat trailers and snowmobiles.
REGULATORY FLOODWAY
The channel of a river or other watercourse and that adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
RESIDENCES or RESIDENTIAL
A building, or any part of a building, which contains living and sleeping accommodations for permanent occupancy. Residences, therefore, includes all single-family, two-family, multifamily, boarding, fraternity and sorority houses. However, residences shall not include the following:
A.
Transient accommodations, such as hotels and motels; or
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
That part of a building containing both residences and other uses which is used for any nonresidential use, except accessory uses for residences.
RESTAURANT
An establishment, however designated, at which food is sold for consumption on the premises to patrons within an enclosed building or elsewhere on the premises. However, a snack bar or refreshment stand at a community swimming pool, playground or park, operated by an agency or group or an approved vendor operating facilities for the convenience of patrons by the recreation facility, shall not be deemed a restaurant.
SATELLITE EARTH STATION
An accessory structure, consisting of a parabolic or spherical antenna dish, with supporting structure, designed to receive television signals from one or more geostationary orbiting satellites; a low-noise amplifier (LNA) located at the focal point of the antenna, designed to magnify the received signal; and a cable designed to conduct the amplified signal from the LNA to a receiver designed to convert it to be compatible with television viewing or recording equipment.
[Added 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
SETBACK
A building line which determines the location of a building or structure with respect to any street lot line.
SIGN
Any letter, pictorial representation, symbol, flag, emblem or illuminated or animated device, displayed in any manner whatsoever, which directs the attention of persons off the premises on which the sign is displayed to any object, subject, place, person, activity, product, service institution, organization or business.
[Added 4-3-1989 by L.L. No. 4-1989]
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A "For Sale" sign or a "To Let" sign relating to the property on which it is displayed shall be deemed a business sign.[4]
SIGN, ILLUMINATED
A sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
SIGN, REPRESENTATIONAL
Any three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
SPECIAL FLOOD HAZARD AREA
An area having special flood, mudslide and/or other flood-related erosion hazards and shown on an FHBM or FIRM as Zone A, AO, A1 through A99, VO, VI through V30, M or E.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a 1% or greater chance of flooding in any given year. The area designated as Zone A on the FHBM.
SPECIAL PERMIT USES
Those particular uses which are specifically permitted in a given district only when specific criteria enumerated herein are applied in such a manner so as to carry out the intent of this chapter.
STORY
That part of a building comprised between a floor and the floor or roof next above it (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full 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.
STREET
Any public way dedicated to public vehicular travel. "Street" shall be taken as synonymous with "road" or "highway."
STREET LINE
The dividing line between the street and lot, also known as the "right-of-way line."
STREET WIDTH
The width of the right-of-way or the distance between the property lines on opposite sides of the street.
STRUCTURE
Employed in referring to:
A.
For floodplain management purposes, a walled or roofed building, including a gas- or liquid-storage tank, that is principally above ground, as well as mobile homes.
B.
Any constructed, erected or placed material or combination of materials in or upon the ground, including but not limited to buildings, mobile homes radio towers, sheds, signs, swimming pools and storage bins, but excluding sidewalks and paving on streets and driveways.
SUBDIVISION
An area of land divided by owners or agents, either by lots or by metes and bounds, into lots or parcels, two or more in number, for the purpose of conveyance, transfer, improvement or sale of one or more.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
SURFACE AREA (OF A SIGN)
The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Only one side of a freestanding or projecting double-faced sign shall be included in calculating surface area, provided that the two display surfaces are joined at an angle no greater than 60°. All sides of a multifaced sign visible from any one street shall be included in the calculation of surface area.[5]
[Added 4-3-1989 by L.L. No. 4-1989]
TOWNHOUSE
A building consisting of a series of single-family attached dwelling units having common party walls between each dwelling unit. (See also "building, semidetached.")
TRAVEL TRAILER
See "recreational equipment, major."
USE
Employed in referring to:
A.
The purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied.
B.
Any occupation, business, activity or operation conducted, or intended to be conducted, in a building or other structure or on land.
VARIANCE
A variance is a minor departure from the strict letter of this chapter as it applies to a particular piece of property, usually pertaining to dimensional requirements only.
VILLAGE BOARD
The governing body of the Village of Canisteo.
WATER SURFACE ELEVATION
The projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
YARD
A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
YARD, FRONT
A yard extending along the full length of the front lot line between the side lot lines.
YARD, REAR
A yard extending along the full length of the rear lot line, between the side lot lines. In the case of through lots and corner lots, there will be no rear yards.
YARD, SIDE
A yard situated between the building and the side line of a lot and extending from the rear line of the front yard to the front line of the rear yard.
[1]
Editor's Note: See now the New York State Uniform Fire Prevention and Building Code.
[2]
Editor's Note: The former definition of "hospital," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definition of "mobile home," as amended 4-3-1989 by L.L. No. 4-1989 and 7-3-1989 by L.L. No. 9-1989, and the definition of "mobile home park or mobile home subdivision," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: The former definition of "sign, directly illuminated," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: The former definition of "tourist home," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).