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Dundee Village City Zoning Code

ARTICLE II

Terminology

§ 138-3 Word usage.

[Amended 9-14-2021 by L.L. No. 2-2021]
A. 
Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and the word "shall" is mandatory and not optional.
B. 
Any reference herein to the term "Planning Board" shall be read to mean the Board of Trustees of the Village of Dundee. The Village Planning Board has been abolished and its responsibilities have been assumed by the Board of Trustees of the Village of Dundee.

§ 138-4 Definitions.

[Amended 5-23-1989 by L.L. No. 2-1989; 8-28-2012 by L.L. No. 3-2012; 4-10-2018 by L.L. No. 3-2018; 9-14-2021 by L.L. No. 2-2021; 10-8-2024 by L.L. No. 2-2025; 1-14-2025 by L.L. No. 3-2025]
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT HOME
A public or private home for adults, or other facility approved by the New York State Department of Health, to provide health-related care and services to persons who, because of their physical or mental condition, require institutional care and services but who do not require the level of service provided in a hospital or skilled nursing care facility.
AUTOMOBILE SERVICE STATION
A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.
BOARD OF APPEALS
The Board of Appeals of the Village of Dundee.
BOARD OF TRUSTEES
The Board of Trustees of the Village of Dundee.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the district lot on which the same is located.
CODE ENFORCEMENT OFFICER
The individual or individuals duly appointed by the Board of Trustees to enforce local laws, codes and regulations in the Village.
COVERAGE
That percentage of the plot or land area covered by the building area.
CUSTOMARY HOME OCCUPATION
Any use as permitted which is conducted entirely within the principal structure and carried out by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof.
DOG KENNEL
The keeping, harboring or allowing of four or more dogs, each of which is four months of age or older, on any premises or on any lot shall be considered a dog kennel.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home or trailer.
DWELLING, MULTIPLE-FAMILY
Any building containing four or more dwelling units.
DWELLING UNIT
One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
ENCLOSED USE
A use which is located entirely within a structure.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or Village or other governmental agencies of underground or overhead gas, electrical or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Village or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
HOTEL
A building containing rooms or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.[1]
INDUSTRIAL DISTRICT
Any manufacturing, production or assembly of goods or materials, other than light industrial as defined herein, including any on-site waste disposal area directly related to the industrial use.
INDUSTRIAL DISTRICT, LIGHT
A facility which manufactures, designs, installs, assembles or processes products or materials for wholesale or retail, does not employ over 30 people on site, does not produce high volumes of polluting waste and is compatible with other uses in the district and further includes receiving delivery of goods for retail and/or wholesale sales as well as storage of products and/or materials on site.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT DEPTH
The horizontal distance between the front and rear lot lines.
LOT LINES
The property lines bounding the lot.
A. 
LOT LINE, FRONT
The line separating the lot from a street. The "front lot line" shall be established 33 feet from the center line of the road unless otherwise legally defined.
B. 
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
C. 
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
D. 
LOT LINE, STREET
A front lot line.
LOT, NONCONFORMING
A lot in single ownership, lawfully existing prior to the adoption or amendment 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 amendment.
LOT OF RECORD
Any lot which, individually or as part of a subdivision, has been recorded in the office of the County Recorder of Deeds.
LOT WIDTH
The distance between the two side lot lines measured at the required setback line.
MANUFACTURED HOUSING
Whether referred to as a modular home, mobile home or otherwise; a building designed for long-term residential use having the following characteristics; a) Constructed or produced in a factory for transportation to a site for installation and use when connected to required utilizes; b) Either an independent, individual building or a module for combination with other elements to form a building on the site with or without a permanent foundation.
MANUFACTURED HOUSING PARK
Any lot under single ownership on which three or more homes are located and occupied for living purpose, regardless of whether or not rent is charged for such lot accommodations and whether or not exceeding the subject zoning district density limitation.
MAYOR
The duly elected or appointed Mayor of the Village of Dundee.[2]
MOTEL
A building or group of buildings, whether detached or in connected units, designed primarily for transients and automobile travelers and providing for accessory off-street parking facilities.
NONCONFORMING USE
An established use of a building, structure or land, or a building or structure, lawfully existing prior to the adoption or amendment 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 amendment.
PLANNED UNIT DEVELOPMENT
A project comprising two or more buildings designed to be maintained and/or operated as a single unit in a single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garage and parking areas.
RESORT
A building or group of buildings in which there are 25 or more rental sleeping rooms and which may also include dining rooms, kitchen facilities, ballrooms and other facilities and services intended primarily for the accommodation of its patrons. Appurtenant recreational facilities, such as marinas, golf courses and other similar facilities, may also be included.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a "restaurant."
SIGN
A name, identification, description, display or illustration or any other visual display which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.
SPECIAL USE
A use which, because of its unique characteristics, requires individual consideration in each case by the Zoning Board of Appeals and the Planning Board[3], before it may be permitted in the district enumerated in this chapter.
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
VILLAGE
The Village of Dundee.
VILLAGE CLERK
The duly appointed Clerk of the Village of Dundee.
YARD
Any open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
A. 
YARD, FRONT
An open space, extending the full width of the lot, which lies between the required front setback line and the front lot line, unoccupied and unobstructed from the ground upward.
B. 
YARD, REAR
An open space extending the full width of the lot between the required rear setback line and the rear lot line, unoccupied and unobstructed from the ground upward.
C. 
YARD, SIDE
An open space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Dundee.
ZONING OFFICER
The administrative officer charged with the duty of enforcing the provisions of this chapter.
[1]
Editor's Note: The definition of "junkyard," which immediately followed this definition, was deleted 5-23-1989 by L.L. No. 2-1989.
[2]
Editor’s Note: The former definitions of "mobile home," amended 5-23-1989 by L.L. No. 2-1989, and "mobile home park," which immediately followed, were repealed 10-8-2024 by L.L. No. 2-2025.
[3]
Editor's Note: The Village Planning Board was abolished 9-14-2021 by L.L. No. 2-2021. See § 138-3A.