Unless otherwise expressly stated, the following terms, for the purpose of this chapter, shall have the meanings herein indicated:
ACCESSORY BUILDINGA building such as a stable, playhouse, barn or greenhouse, which is subordinate or accessory to a main building on the same lot and which is not available to the public.
BASEMENTThat portion of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BUILDING AREAThe maximum area of a building and its attached accessories at ground level.
CARPORTAn open-sided auto shelter formed by extending the roof from a side of a building.
CELLARThat portion of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
COVERED PORCHESWhether enclosed or not, shall be considered as part of the main building and shall comply with all setback requirements.
DEPTH OF LOTIn all cases, depth of lot required shall be measured from the street line and not from the center of the street or road.
DWELLING UNITOne or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
[Added 8-2-1972; amended 2-4-2015 by L.L. No. 1-2015]
FAMILY[Added 8-2-1972; amended 2-4-2015 by L.L. No. 1-2015]
(1) One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.
(2) Notwithstanding the definition in the preceding subsection, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first subsection of this definition.
FARMAny parcel of land which is used primarily for the raising of agricultural products, including fruits, vegetables, dairying, livestock, poultry, eggs or meat, together with the necessary buildings and equipment which houses such birds, animals or crops and necessary buildings for the storage and housing, processing, packaging or other processes necessary for the conduct of an individual farm business.
GARAGEA building or that portion of a building used for housing one or more motor vehicles.
GARAGE, PRIVATEA garage maintained primarily for the convenience of the resident occupant of the premises and in which no business is carried on and no service rendered to the public.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
HABITABLE ROOMThat space within four walls used or designed to be used in whole or in part for human habitation or part of the residence of one or more human beings.
HOTEL or INNA building for the lodging, dining and entertaining of travelers.
JUNK BUSINESSThe maintenance of an area not in a completely enclosed building, where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned.
JUNKYARDThe maintenance of an area not in a completely enclosed building, where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled or abandoned.
KENNELThe keeping of more than three dogs, cats or other household animals that are more than six months old.
LIVABLE FLOOR AREA OR SPACEThe area of the floors of a dwelling, excluding basements not designed for human occupancy, cellars, garages, breezeways, unenclosed or unheated porches or attics. It shall include only such floor area immediately under a roof for which the headroom is five or more feet, provided that at least 65% of such floor area has a ceiling height of at least seven feet; if such floor area is above another story, it has access to the floor below by a permanent, built-in stairway; and it meets the requirements of the Building Code for light and ventilation. Measurements for "livable floor area" shall be made from exterior faces of exterior walls or from center lines of party walls except for areas under a sloping roof.
LOTAny parcel of land occupied or intended to be occupied by one building or one unit group of buildings and its accessory buildings and uses and including such open spaces as are provided or as are required by this chapter. For any new or added construction, the "lot" shall be defined on the plan filed with the Building Inspector.
LOT WIDTHThe least horizontal distance across the lot between side lot lines, measured at the front setback of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designed as motor lodges, auto courts and similar appellations.
MULTIPLE DWELLINGA dwelling which is either rented, leased, let or hired out to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including, but not limited to, the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, kitchenette apartment, lodging house, rooming house, boardinghouse, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old age or nursing homes or residences. It shall also include a dwelling, two or more stories in height and with five or more boarders, roomers or lodgers residing with any one family.
[Added 8-2-1972; amended 2-4-2015 by L.L. No. 1-2015]
NONCONFORMING USEA building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district or zone in which it is situated.
PARKING LOTAny open space other than highways used for the temporary parking of motor vehicles. (See Article
IV.)
PLOTA parcel of land larger than a lot and as it existed on the Town of Elma Official Zoning Use Map issued May 26, 1950, and adopted July 18, 1950.
RESIDENCEA dwelling or building for occupancy in the whole by one or more families.
RIDING AND/OR BOARDING STABLEAn establishment where horses are for hire or space and services are rented to a nonresident of the premises for keeping and maintaining horses.
ROAD OR STREET LINEThe road or street line is the side or outer limit line of the highway right-of-way.
SETBACKA distance determined from the highway right-of-way line and side and rear lot lines.
SIGNAny device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public and to include billboards.
SINGLE-FAMILY RESIDENTIALA single-family residential building, to be used as a residence, to any one lot, for housekeeping of no more than one family.
[Added 2-4-2015 by L.L. No. 1-2015]
STREETAny road, avenue, street, lane, alley or other way set aside and used as a public thoroughfare or which has been dedicated to and accepted by the Town, county and/or state for that purpose.
SUBDIVISIONA parcel of land divided into several lots which front on one or more streets, the layout of which has been approved by the Town or the Planning Board as authorized to do so. (Refer to §
144-131.)
TRAILER or MOBILE HOMEA trailer vehicle or similar structure used for living and/or sleeping purposes and standing on wheels or on rigid supports.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.
[Added 2-4-2015 by L.L. No. 1-2015]
USEThe purpose for which a building, structure or premises or any part thereof is or are occupied and, if occupied, the purpose for which it may be occupied hereunder.
ZONING MAPIndicates the boundaries of the zones adopted by the Town Board.