[Amended 8-10-1992 by L.L. No. 4-1992; 4-8-1996 by L.L. No. 4-1996; 10-15-1996 by L.L. No. 7-1996; 11-10-1997 by L.L. No. 4-1997; 11-10-1997 by L.L. No. 4-1997; 4-6-1999 by L.L. No. 3-1999; 1-9-2006 by L.L. No. 1-2006; 7-11-2016 by L.L. No. 3-2016; 11-13-2018 by L.L. No. 6-2018; 4-10-2023 by L.L. No. 4-2023; 5-12-2025 by L.L. No. 2-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by an extension on a side or by an increase in height, or the moving from one location or position to another.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. Such areas shall be computed by using outside building dimensions.
AREA, GROSS FLOORThe total of areas taken on a horizontal plane on each and every floor, including subgrade levels used for commercial purposes. Such area shall be computed using outside building dimensions.
AREA, LIVINGThe floor area within surrounding walls of a building or portion thereof.
AREA, NET FLOORThe total of areas taken on a horizontal plane on each and every floor, including subgrade levels used for commercial purposes. Such area shall be defined by interior permanent walls describing the perimeter of the use, excluding such areas as halls, stairs, bathrooms and storage.
BARAn establishment used primarily for the dispensing or sale of alcoholic beverages by the drink for on-site consumption.
BASEMENTThat space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. See "cellar."
BED-AND-BREAKFAST HOMEAn owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, guest rooms and facilities for and serving breakfast prepared within the building to registered guests.
BOARDINGHOUSEAny dwelling in which more than four persons, either individually or as families, are housed or lodged for hire, with or without meals. A lodging house, rooming house or a furnished rooming house shall be deemed a "boardinghouse."
BUFFER STRIPA continuous strip of trees and/or shrubs not less than six feet in height densely planted so as to restrict a clear view beyond said strip.
BUILDINGAny structure having a roof supported by columns, piers or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the decklines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building, not including entrance, steps, cantilever, chimney or roof overhang open to light, air and visibility. All yard requirements are measured to the "building line."
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
CELLARThat space 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 established curb level or finished grade of the ground adjoining the building. See "basement."
CERTIFICATE OF OCCUPANCYA certificate which shall be issued by the Zoning Officer, subject to the approval of the Code Enforcement Officer, upon completion of construction, alteration or change in the occupancy of a building. Said "certificate" shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Appeals and/or all other applicable requirements.
CHILD DAY-CARE SERVICESCare for a child on a regular basis provided away from the child's residence for less than 24 hours per day by a day-care center with a valid license from the State of New York, excluding care provided in a family day-care home or group family day-care home, as those terms are defined in the
Social Services Law and Part 415 of the New York State Codes, Rules and Regulations.
CHURCHA building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and such accessory uses.
CLUB MEMBERSHIPAn 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 that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.
CONDOMINIUMLiving units as defined by Article
9-B of the Real Property Law entitled "Condominium Act," as the same may be amended from time to time. All definitions in said Condominium Act are incorporated herein by reference. They are a form of ownership of multiple housing units which may be built in the R-D and R-E Residential Districts.
COVERAGEThat percentage of the plot or lot area covered by the building area.
DECKA manufactured or constructed platform, the use of which is incidental to the use of a building or structure.
DRIVE-THROUGHThe principal or accessory use which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product directly while remaining in a motor vehicle, and may include drive-in outdoor theaters, fast-food establishments, banks, and similar uses.
DRIVEWAYA private passageway for vehicles on a lot, exclusive of turnarounds, parking areas, and the like.
DWELLING, MULTIFAMILYThe building used or designed as a residence for three or more families living independently of each other.
DWELLING, ONE-BEDROOM APARTMENTA. Includes the following separate rooms or a combination thereof:
(4) A kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room;
(5) A bathroom with toilet and bath facilities;
B. No additional room shall be permitted, except hallways and suitable closet and storage space, unless such extra room is clearly designated as an additional bedroom.
DWELLING, ONE-FAMILYA detached building and dwelling unit designed for or occupied exclusively by one or more persons living as a single nonprofit housekeeping unit.
DWELLING, TWO-BEDROOM APARTMENTA. Includes the following separate rooms or a combination thereof:
(4) A combination kitchen and dining room with a separate living room;
(5) A separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room;
(6) A bathroom with toilet and bath facilities;
B. No additional room shall be permitted, except hallways and suitable closet and storage space, unless such extra room is clearly designated as an additional bedroom.
DWELLING UNITOne or more rooms providing living facilities for one family, including equipment for cooking and provisions for the same.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, 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 municipal or other governmental agencies or for the public health, safety or general welfare.
FAMILYAny number of individuals living together as a single housekeeping unit and preparing their food as one unit.
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FLEX SPACEFloor areas of unspecified usage. Such areas shall be defined by interior permanent walls describing the perimeter of the space or, if none, by the outside building dimensions.
FRONT PORCHA raised platform serving the front entrance of a house covered by a roof and open to the air with no walls.
GARAGE, PRIVATEA building used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or services for profit is carried on.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain and which is used for the storage or repair of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for vehicular propulsion incidental to such storage or repair.
GARDEN APARTMENTTwo or more multifamily dwellings designed and erected as an integrated development and singleness of use and operation and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space or recreation areas and utility and sanitary systems.
HIRE BOATA boat or vessel having a passenger capacity less than 17, let or hired for operation upon the waters of the Erie Canal for definite or indefinite periods of time.
HOME OCCUPATIONA nonresidential use clearly incidental to the residential use of the premises.
HOME OCCUPATION, MINORAny home occupation which:
A. Involves no person other than persons residing on the premises;
B. Shows no visible evidence from the exterior of the dwelling unit of the conduct of the occupation;
C. Generates no additional traffic nor the need for off-street parking beyond the customary needs of the occupants of the dwelling unit;
D. Uses no equipment which would not customarily be used by the occupants of a dwelling unit;
E. Is not advertised by street address; and
F. Is conducted entirely inside the principal dwelling unit or other structure on the premises.
HOSPITALUnless otherwise specified, includes a sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL or BOATELA building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite. A boatel is defined similarly except that a boatel will provide dockage facilities. The terms "hotel" and "boatel" exclude bed-and-breakfast uses as defined herein.
INNA facility offering overnight lodging accommodation with no more than 14 guest rooms.
JOINT PARKINGA voluntary arrangement whereby two or more parcels in reasonable proximity share off-street parking facilities. The total of such facilities may be less than the sum required of the various buildings or uses computed separately if there is no overlap of hours of operation or use between or among the parcels involved.
LOTA parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the "lot" is a part.
LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating the "lot area."
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThat percentage of the lot area which may be devoted to building area.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured at right angles to the street at two equidistant points on the front lot lines and in the general direction of said lot lines.
LOT FRONTAGEA lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 25 feet therefrom.
LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
MANUFACTURINGThe treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MIXED-USE DEVELOPMENTThe development of a single tract or parcel of land, building or structure with two or more different uses such as (but not limited to) residential, office, commercial, public or recreational.
MOTOR VEHICLE SERVICE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.
MUNICIPAL BUILDINGA building owned and used by any municipality, it being understood that a "municipal building" shall only be constructed in an area where its utilization will be compatible with the surrounding zoning requirements.
NONCONFORMING BUILDINGA building which, in its design or location upon a lot, complied with applicable zoning regulations when constructed, but does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot of record existing on January 1, 1972, which currently does not have the minimum width or depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USEUse of a building or of land, lawful in its inception, that does not currently conform to the regulations of the zone in which it is located.
OCCUPANCYThe specific purpose for which land or a building is used, designed or maintained.
OPEN SPACEAn unoccupied space open to the sky on the same lot with a principal and/or accessory building.
PARKING AREAA paved area appurtenant and contiguous to a driveway used for parking a vehicle.
PARKING SPACEAn off-street space available for the parking of a motor vehicle, not less than nine feet wide and 19 feet long, exclusive of passageways and driveways appurtenant thereto and providing access thereto. Parking spaces shall conform to the Schedule of Parking Space Dimensions.
PARTY WALLA wall on an interior lot line used or adapted for joint service between two or more townhouse units which shall be constructed with a fire-resistance rating of at least two hours.
RESTAURANTA building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on or off the premises.
SEASONAL RESORT COTTAGEA building or buildings having one or more dwelling units, whether provided with cooking facilities or not, which are used only on a seasonal basis, which covers the period from May 1 to September 30 of each year.
SHARED LIVING RESIDENCE FOR THE ELDERLYA home shared by up to eight elderly adults sharing a common kitchen and laundry facilities in which no personal care or skilled nursing services are provided, owned and operated by a municipality or a nonprofit organization.
SIGNAs defined in Chapter
408, Signs, of the Code of the Village of Fairport.
SIGN AREAAs defined in Chapter
408, Signs, of the Code of the Village of Fairport.
SITE PLANA rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth herein, which shows the arrangement, layout and design of the proposed use of a single parcel of land.
SPECIAL USE PERMIT (SPECIAL PERMIT)Authorization of a particular land use which is permitted hereunder, subject to conditions imposed herein to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood in which it is located if such conditions are met.
SPLIT-LEVEL DWELLINGA residential building divided vertically so that the level of rooms in one part is approximately midway between the levels of two successive stories in an adjoining part.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALFThat portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such "half story." A basement shall also be included as a "half story."
STREETA public thoroughfare which has been dedicated or deeded to the public for public use and which has been improved in accordance with municipal standards.
STREET LINEThat line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTUREAnything built or erected, other than a building, which rests upon or in the ground or requires the support of the ground or is attached to any building, including excavations.
SWIMMING CLUB, PUBLICA public or privately owned pool open to the general public on a membership basis and having appropriate dressing-room facilities, recreational facilities and off-street parking areas.
SWIMMING POOL, PRIVATEA private swimming pool associated with a residential dwelling unit or units and located on an individual residential lot. This term shall include so-called "hot tubs" and "personal spas."
TOUR/EXCURSION BOATA boat or vessel having a passenger capacity greater than 16, to provide tours or excursions on the waters of the Erie Canal.
TOWNHOUSE BUILDINGA structure arranged for not fewer than three nor more than eight townhouse units, each separated by party walls.
TOWNHOUSE GROUPTwo or more townhouse buildings located on a parcel or parcels of land in one ownership at the time of application for site plan approval and having any yard, court, street or other improvements in common.
TOWNHOUSESSingle-family dwellings which are attached units constructed in one building or a group of buildings which are located on separate lots with zero side setbacks and have common elements for the use of all residents.
TOWNHOUSE UNITAn individual dwelling in a townhouse building with provisions for living, sanitary and sleeping facilities arranged for the use of one family.
TRAILER COACHA vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailers, mobile homes, house trailers and "trailer coaches," excepting therefrom travel trailers which are under eight feet in width and under 25 feet in length and which are not used for purposes of day-to-day habitation.
TRAILER COURTLand and premises upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and courts.
TURNAROUNDA paved area appurtenant and contiguous to a driveway used for manipulating a vehicle.
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
WATER-DEPENDENT USESAll uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. Examples of water-dependent uses are marinas, docking basins, boat slips and docks, marine repair shops and service shops and boat launching ramps.
YARD, FRONTAn open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building, projected to the side line of that lot. In the R-A Residential District, all yards abutting on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the R-A Residential District. In other use districts, the front yard of a corner lot shall be the yard with the narrower lot frontage or, in the case of a corner lot having two equal lot frontages, the yard abutting the more traveled street. The front setback line shall be synonymous with the rear limit of the required "front yard" area.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. On corner lots in the R-A Residential District, that area between that part of a building nearest each side line which has the larger amount of square feet shall be considered the rear yard. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. On corner lots in the R-A Residential District, that area between that part of a building nearest each side line which has the smaller amount of square feet shall be considered the side yard. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING BOARDThe officially established Board of Appeals of the Village of Fairport.
ZONING OFFICERThe officially established Zoning Officer of the Village of Fairport.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.