Greece City Zoning Code
ARTICLE I
General Provisions
§ 211-1 Authorization; title.
The Town Board of the Town of Greece, acting under the Town Law of the State of New York, hereby adopts and enacts this chapter, which shall be known as the "Zoning Ordinance of the Town of Greece, New York."
§ 211-2 When effective; repeal of prior ordinance.
This chapter shall take effect and be in force immediately. Except as hereinafter provided, the Town of Greece, New York, Zoning Ordinance, adopted July 15, 2003, together with all amendments thereto, is repealed and supplanted by this chapter as of its effective date.
§ 211-3 Applicability.
Except as hereinafter provided, each lot which is created or modified, each building or part thereof which is placed, erected, constructed, altered or moved, and each building or lot which is occupied or used after the effective date of this chapter shall comply with the regulations of the district within which said lot, building or use is located. The regulations established for each district shall be consistently applied and, unless otherwise specified, shall be minimum requirements. When the restrictions imposed by this chapter conflict with the restrictions imposed by other laws, ordinances, rules or regulations, the greater restriction shall prevail.
§ 211-4 Exemptions for public land.
Land which is owned by fire districts, public school districts, the Town of Greece, the County of Monroe, the State of New York or the United States of America may be included in the PL District. Land which is located in a PL District may be used for the governmental purposes which are permitted under the laws which govern said entities and shall be exempt from further regulation under this chapter. In addition, land and buildings or portions thereof which are owned or leased by fire districts, public school districts, the Town of Greece, the County of Monroe, the State of New York or the United States of America but which are not located in a PL District may be used for the governmental purposes which are permitted under the laws which govern said entities. Said land and buildings or portions thereof shall be exempt from further regulation under this chapter. Land which is in a PL District shall not be permitted to be used for any purpose which is not a customary governmental use unless and until the district classification of said land is changed by action of the Town Board.
§ 211-5 Word usage and definitions.
[Amended 4-15-2021 by L.L. No. 1-2021; 6-20-2024 by L.L. No. 1-2024; 8-21-2025 by L.L. No. 1-2025]
A.
Word usage. For purposes of this chapter, the following provisions and rules shall apply to the use of words:
(1)
Words used or defined in one tense or form shall include other tenses and derivative forms.
(2)
Unless specifically indicated otherwise, words used in the singular sense shall include the plural sense, and words used in the plural sense shall include the singular sense.
(3)
The masculine gender shall include the feminine gender.
(4)
The word "person" shall include individuals, associations, firms, partnerships, corporations and any other similar entities.
(5)
The word "shall" is mandatory and means that compliance is required.
(6)
The word "may" is permissive and means that compliance is not required.
(7)
Unless otherwise specified, all distances and directions shall be measured horizontally.
(8)
The word "used," as applied to any lot, structure or portion thereof, shall be construed to mean "used or intended, designated, arranged or designed to be used."
(9)
References to local or state laws, ordinances, codes, rules or regulations or sections thereof shall be construed to include the addendum "as from time to time amended."
(10)
References to a specific public official or agency shall be construed to include successors and assignees.
B.
All words in this chapter which are not hereinafter defined shall carry the meanings which are derived from customary use of the English language. If a dispute should arise, the Director of Planning and Economic Development, or Building Inspector where so specified in this chapter, shall be responsible for determining which specific meaning is appropriate for a word which has more than one meaning and which is not defined in this chapter. Any appeal of said determination by the Director of Planning and Economic Development or Building Inspector may be considered by the Board of Zoning Appeals.
C. ACCESSORY ANTENNA STRUCTURE ADULT BOOKSTORE(1) (2) (3) (4) ADULT CABARET ADULT ENTERTAINMENT ESTABLISHMENT AMATEUR OPERATOR AMATEUR RADIO SERVICES AMATEUR SATELLITE SERVICE AMATEUR SERVICE ANTENNA ANTENNA OR ANTENNA SUPPORT, ROOF-MOUNTED ANTENNA OR ANTENNA TOWER, BUILDING-SUPPORTED ANTENNA OR ANTENNA TOWER, FREESTANDING ANTENNA TOWER ANTENNA, CO-LOCATED ANTENNA, SATELLITE DISH APARTMENT ASSISTED-LIVING FACILITY BAR, TAVERN or NIGHTCLUB BOAT MOORING SLIP BOAT-LAUNCHING STRUCTURE BOAT-LAUNCHING STRUCTURE, PERMANENT BOAT-STORAGE STRUCTURE BUILDING BUILDING HEIGHT BUILDING PERMIT BUILDING, PRINCIPAL BUILDING-INTEGRATED SOLAR ENERGY SYSTEM BUSINESS CENTER CELLULAR SERVICE CELLULAR SERVICE, COMMERCIAL CELLULAR SYSTEM CERTIFICATE OF OCCUPANCY CHURCH/PLACE OF WORSHIP CO-LOCATION COMFORT CARE HOME COMMERCIAL RECREATION USE COMMERCIAL VEHICLE(1) (2) (a) (b) (c) (d) COMMON CARRIER CORRAL DAY CARE, IN-HOME DAY-CARE CENTER DECK DENSITY DIRECT-TO-PREMISES SATELLITE SERVICE DIRECT-TO-PREMISES SATELLITE SERVICE PROVIDER DISTRICT, MIXED USE DISTRICT, NONRESIDENTIAL DISTRICT, OVERLAY DISTRICT, RESIDENTIAL DOCK DRIVE-UP FACILITY DRIVEWAY, RESIDENTIAL DWELLING UNIT ELECTRIC VEHICLE CHARGING POINT ENERGY-GENERATION FACILITIES FAMILY(1) (2) (a) (b) (c) (3) FARM FUEL DISPENSING STATION GARAGE, PRIVATE GROSS FLOOR AREA (GFA) GROUP INSTRUCTION FACILITY HOME OCCUPATION(1) (2) (3) (4) (5) HOSPICE HOSPITAL HOTEL IN-LAW IN-LAW APARTMENT JUNK KENNEL LAND DISTURBANCE LANDSCAPE GUIDELINES LANDSCAPED AREA LEGAL PREEXISTING LOT, STRUCTURE OR USE LOT LOT AREA LOT COVERAGE LOT DEPTH LOT LINE LOT LINE, CORNER LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT WIDTH LOT, CORNER LOT, INTERIOR LOT, THROUGH LOT, WATERFRONT MARINA MINOR HOME HEALTH CARE FACILITY MOBILE SERVICE MOBILE SERVICE, COMMERCIAL MONOPOLE MOTOR VEHICLE DEALERSHIP MOTOR VEHICLE SERVICE STATION NEIGHBORHOOD AVERAGE NURSING HOME OFFICE OFFICE, MEDICAL OPEN SPACE OUTDOOR STORAGE PARKING AREA PARKING SPACE PATIO PERSONAL COMMUNICATIONS SERVICES PORCH PREEXISTING LOT, STRUCTURE OR USE PUBLIC UTILITY RADIO TELECOMMUNICATIONS RADIO TELECOMMUNICATIONS SERVICE RECREATIONAL VEHICLE RESIDENTIAL UNIT RESTAURANT SALON (BARBER/BEAUTY SHOP) SCHOOL SELF-SERVICE STORAGE FACILITY SENIOR CITIZEN SENIOR CITIZEN RESIDENTIAL FACILITY(1) SETBACK SHED SIGN SIGN AREA SIGN, ADVERTISING SIGN, BUILDING-MOUNTED SIGN, BUSINESS SIGN, CONTRACTOR SIGN, DIRECTIONAL SIGN, ELECTRONIC READER BOARD SIGN, FREESTANDING SIGN, MOBILE OR TRANSPORTABLE SIGN, PERMANENT SIGN, TEMPORARY SIGN, WINDOW SINGLE-FAMILY HOME SKILLED NURSING FACILITY SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STABLE STABLE, PRIVATE STABLE, PUBLIC STATION, AMATEUR STATION, FIXED STATION, MOBILE STOOP STORAGE CONTAINER STREET STRUCTURE STRUCTURE, ACCESSORY TELECOMMUNICATIONS TELECOMMUNICATIONS FACILITIES TELECOMMUNICATIONS SERVICE TOWNHOME TRAINING CENTER UNLICENSED WIRELESS SERVICE USE USE, ACCESSORY USE, PRINCIPAL VARIANCE, AREA VARIANCE, USE VEHICLE WAREHOUSE YARD, CORNER YARD, FRONT YARD, REAR YARD, SIDE YARD, WATERFRONT
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
An accessory structure which is used in conjunction with an antenna or antenna tower at a telecommunications facility and which is located on the same lot as said telecommunications facility. Examples of such structures shall include but shall not be limited to utility or transmission equipment, storage sheds or cabinets.
A business enterprise which has as a substantial portion of its goods, merchandise or wares printed, visual or audio material of any kind or other novelties which are characterized by their emphasis on specified anatomical areas or specified sexual activities, including any such establishment having a substantial area devoted to the sale and display of such material. For purposes of this definition, "substantial portion" or "substantial area" shall mean 30% or more of any of the following:
The number of different titles or kinds of such goods, merchandise or wares.
The number of copies or pieces of such goods, merchandise or wares.
The amount of floor space devoted to the sale and display of such goods, merchandise or wares.
The amount of advertising which is devoted to such goods, merchandise or wares, either in print or otherwise promoted via the broadcast media.
A business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which features entertainers or waiters and/or waitresses who display any specified anatomical area or who depict, describe or simulate specified sexual activities.
Any business enterprise which is other than an adult bookstore or adult cabaret and which has presentations characterized by an emphasis on the description or depiction of specified anatomical areas or specified sexual activities during live shows, motion-picture films or sound recordings presented to an audience of one or more individuals. Also included in this definition is any business enterprise, other than a bona fide medical or health service establishment, requiring a client or customer to display any specified anatomical area.
A person who is interested in radio technique solely with a personal aim, without pecuniary interest, and who holds a written authorization from the Federal Communications Commission to be the control operator of an amateur station.
The amateur service, the amateur satellite service and the radio amateur civil emergency service.
Radio telecommunications which use stations on earth-orbiting satellites for the same purposes as those of the amateur service.
Radio telecommunications which are carried out by amateur operators for the purposes of self-training, intercommunications and technical investigations.
A system of electrical conductors which is used to transmit, receive, or transmit and receive radio wave services or microwave signals. Such signals include but shall not be limited to amateur radio services, direct-to-premises satellite service, cellular service, mobile service, personal communications services, unlicensed wireless service, paging services, radio and television broadcast services and other similar telecommunications services.
An antenna which is mounted on the roof of a building, or a structure which is mounted on the roof of a building and which is used to mount or support antennas.
An antenna or an antenna tower which is attached to or supported by an adjoining building by means of a rigid structural support.
An antenna or an antenna tower which is neither mounted on a building nor attached to or supported by an adjoining building by means of a rigid structural support.
A structure which is used to support an antenna. This definition shall include, but shall not be limited to, lattice-type antenna support structures which are freestanding, guyed, or wholly or partly supported by another structure (such as a building); monopoles; antenna support structures which employ camouflage technology; and other similar structures.
A telecommunications facility which uses an existing building, antenna tower or other structure for the placement of antennas, without need for the placement, erection or construction of a separate antenna tower for said placement of antennas.
An antenna which is in a shallow, concave (usually parabolic) shape with a reflective surface and which is used to transmit, receive, or transmit and receive radio wave or microwave signals from earth-orbiting satellites.
A series of dwelling units located in a building and generally having common access to the outside.
A facility which provides residential units and extensive support services for senior citizens who, by reason of physical or mental limitations associated with age, may not be able to live independently. Support services in an assisted-living facility may include, but shall not be limited to, provision of at least one meal per day in a common dining area, indoor or outdoor facilities or activities for education, recreation or socialization, transportation, laundry and housekeeping services, and personal care services such as medication, supervision and assistance with the routine activities of daily life, such as bathing, dressing, grooming, eating, and ambulation.
A business enterprise which is conducted wholly or partly in a building and which primarily sells or serves alcoholic beverages to the public, and which provides for the consumption of such beverages on the premises, subject to the regulatory authority of the New York State Liquor Authority. "Bar, tavern or nightclub" shall not include restaurants, adult cabarets or adult entertainment establishments. This definition shall include the sale and on-site consumption of alcoholic beverages when established as an accessory use to any other principal use than a restaurant.
Any mooring accommodation for a boat or other watercraft while afloat.
A structure which is used for transporting a boat between the water and the land. This definition shall not include governmentally licensed trailers which are used for transporting boats or personal watercraft on the land or for incidentally transporting boats or personal watercraft between the water and the land.
A fixed, steadfast, boat-launching structure which is placed, erected or constructed so that all of or any part of said structure is designed or planned to exist, function, stand or continue indefinitely in the same location, by weight or by method of attachment.
A structure which is used for containing, storing or sheltering a boat. This definition shall not include governmentally licensed trailers which are used for transporting boats or personal watercraft on the land or for incidentally transporting boats or personal watercraft between the water and the land.
A structure which is wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof.
The vertical distance from the highest adjacent grade to the highest roof peak.
A building in which one or more of the principal uses permitted by this chapter are conducted.
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
Radio telecommunications which are provided by the use of a cellular system.
Cellular service which is offered and provided by a common carrier.
An automated high-capacity radio telecommunication system which provides radio telecommunication services to mobile stations over a wide area through the use of one or more multichannel fixed stations in a manner which efficiently uses the available radio frequency spectrum. In order to enable channels to be reused at relatively short distances, cellular systems employ techniques such as low transmitting power and automatic handoff between fixed stations of communications in progress. In order to increase system capacity, cellular systems also may employ digital technologies, including but not limited to voice encoding and decoding, data compression, error correction and time- or code-division multiple access.
A document issued by the Building Inspector which signifies that a building or addition thereto and site comply with all applicable regulations of the Town of Greece and Title 19 NYCRR (Building Codes of New York State) and all plans and specifications for said building or addition and site.
A permitted place of assembly, which may include but is not limited to temples, mosques, synagogues, churches or other places primarily intended for worship, together with its accessory buildings and uses.
The mounting of telecommunications facilities which are used by two or more telecommunications service providers on the same existing building, antenna tower or other structure.
A one-family dwelling which is used by a person, as defined by this chapter, for the purpose of providing palliative and supportive care to, at any given time, not more than two individuals in the stages of terminal illness. Said care typically is provided on a twenty-four-hour basis by volunteers under the supervision of the ill persons' family members and physicians and home care agencies and typically includes, but is not limited to, companionship and assistance with routine activities of daily life.
Indoor or outdoor establishments which principally accommodate activities, including but not limited to sports and leisure, exercise facilities, bowling centers, arcades, miniature golf, skating rinks, theaters, auditoriums, and other customary recreational or entertainment activities. Commercial recreation uses may include accessory uses and facilities, including juice or snack bar, equipment sales and similar uses.
Any vehicle (as defined by the New York State Vehicle and Traffic Law) that has the following characteristics:
Has taxi or livery license plates; or
Has a gross vehicle weight rating of more than 6,000 pounds and:
Has its ownership title in the name of a company or corporation; or
Is used for business or commercial purposes but has its ownership title in an individual's name, such as the proprietor of such business; or
Is used for business or commercial purposes, such as the transportation of goods, wares, merchandise, materials or equipment; or
Carries tools, supplies, materials, merchandise or equipment that is visible from the outside of the vehicle when any of its access doors are open.
An individual, partnership, association, joint-stock company, trust or corporation, duly licensed by the Federal Communications Commission, which offers and provides telecommunications services to the general public or to such classes of users as to be in effect available to the general public at established and stated prices.
A space or area enclosed by a fence within which horses, ponies or similar types of animals are allowed to move freely.
A dwelling unit which is authorized in accordance with the rules and regulations of the New York State Department of Social Services to provide instruction, supervision or care for children who do not customarily reside in said dwelling unit.
A facility which is authorized in accordance with the rules and regulations of the New York State Department of Social Services to provide instruction, supervision or care for children who do not customarily reside in said facility.
An accessory structure, as determined by the Building Inspector, which forms a level, roofless walking surface above ground level and which is greater than 50 square feet in area.
The number of dwelling units or residential units per gross acre of land.
Radio telecommunications which transmit, broadcast or distribute programming or services by satellite directly to ground receiving equipment on the premises of a subscriber to said service, without the use of other ground receiving or distribution equipment.
A common carrier which transmits, broadcasts, distributes or sells direct-to-premises satellite service.
All of the following zoning classifications of land as defined in this chapter and as delineated on the Official Zoning Map: Neighborhood Business (BN) District; Dewey Avenue Mixed Use (DMU) District; Planned Mixed Use (PMU) District; and the Waterfront Development (WD) District.
All of the following zoning classifications of land as defined in this chapter and as delineated on the Official Zoning Map: Central Health Care (CHC) District; Professional Business (BP) District; Restricted Business (BR) District; General Business (BG) District; Flexible Office/Industrial (FOI) District; Light Industrial (IL) District; General Industrial (IG) District; Public Land (PL) District.
All of the following zoning classifications of land as defined in this chapter and as delineated on the Official Zoning Map: Canal Corridor Overlay (CCO) District; Economic Development and Innovation Overlay (EDIO) District; and Historic Preservation Overlay (HPOD) District.
All of the following zoning classifications of land as defined in this chapter and as delineated on the Official Zoning Map: Single-Family Residential (R1-44, R1-18, R1-10 and R1-E) District; Planned Residential (RP) District; Multiple-Family Residential (RM) District; and Senior Citizen (RS) District.
A wharf, pier or other similar structure with a platform and approved by the United States Army Corps of Engineers, which extends along the shoreline of navigable waters, or from such shoreline at an angle into such water, and which may be used for the purpose of mooring, loading or unloading boats or other watercraft.
A principal or accessory use that, by design, physical facilities, service procedures or packaging procedures, permits customers to drop off or receive information or instructions, or to receive services or obtain goods, merchandise or wares, while remaining in a motor vehicles on the premises. This definition shall not include fuel dispensing stations and motor vehicle service stations, as defined by this chapter, or designated areas that are accessory to retail uses and are provided as a customer convenience for the purpose of loading typically large, heavy or unwieldy goods, merchandise or wares into a vehicle.
A private road or drive, including an apron, which provides a means of vehicular access between a street and a dwelling unit.
A single unit providing complete independent living facilities for one or more persons, including permanent provision for living, sleeping, eating, cooking and sanitation. This definition does not include recreational vehicles as defined in this chapter.
The equipment, pavement area, striping, and safety features used for recharging a single electric vehicle.
An industrial facility for the generation of electric power, generally connected to an electrical grid and includes generated electrical energy from renewable energy sources, including but not limited to hydroelectric power station(s), solar, wind, marine, osmosis and biomass.
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable, permanent and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a dwelling in a family-like living arrangement as the functional equivalent of a natural family and use all rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed to constitute a family if:
Any one of such persons may not have lawful access to all parts of the dwelling;
Any one or more of such persons lease or rent any separate portion of such dwelling from any other person; or
Residency is temporary or transitional, either as part of an educational, medical, rehabilitation or treatment process or otherwise.
The presumption provided for in Subsection (2) shall be rebuttable. Such presumption shall not preclude the Director of Planning and Economic Development from making a determination that the dwelling is not occupied by one family based on other facts whether or not listed in Subsection (2) of this definition. Upon any appeal to the Board of Zoning Appeals, the burden of proof shall be on the owner and/or resident to rebut such presumption.
A lot or any combination of contiguous lots either owned or leased which, for the purposes of this chapter, comprises not less than 10 acres in area, unless otherwise determined to be a farm operation consistent with Article 25-AA of New York State Agriculture and Markets Law, and which principally consists of the use of land, buildings, equipment and practices, to carry out an agricultural enterprise, including but not limited to cultivating, processing, storing or selling of agricultural products produced on site. This definition shall not include stables, as defined by this chapter, or stockyards or commercial feedlots or as defined by the New York State Department of Agriculture and Markets.
A lot or structure, available to the public and operated for commercial gain, which is used principally for the sale and dispensing of motor vehicle fuels, with or without retail sales of other goods or merchandise. This definition shall include electric vehicle charging points where they are not classified as an accessory use pursuant to § 211-38.
An accessory building greater than 200 square feet in area, whether attached or detached, located in a single-family residential district, customarily used for storage of motor vehicles and other residential appurtenances.
The sum of the area of all floors in a building measured from exterior walls, including basements and cellars as defined in and regulated by Title 19 NYCRR (Building Codes of New York State).
A facility which offers to the general public, or to such classes of users as to be in effect available to the general public, special or limited instruction to two or more persons at one time in music, art, drama, dance, sewing, cooking, swimming, gymnastics, martial arts, use of computers, driving an automobile or other similar areas of interest but which does not grant degrees. This definition shall not include schools or technical/vocational schools, as defined by this chapter.
A nonresidential accessory use which:
Is conducted in a dwelling unit.
Is clearly incidental, secondary or subordinate to the use of said dwelling unit for customary residential purposes.
Is conducted by a resident member of the family which resides in said dwelling unit.
Complies with the applicable regulations which govern development review and operation for said use, as established in § 211-26.
Complies with Title 19 NYCRR (Building Codes of New York State).
A facility certified or licensed by the New York State Department of Health for a coordinated program of home and inpatient care which treats the terminally ill patient and family as a unit, employing an interdisciplinary team acting under the direction of an autonomous hospice administrator.
A facility which is authorized in accordance with the rules and regulations of the New York State Department of Health to provide diagnostic and therapeutic services for the medical diagnosis, treatment and care of sick or injured persons. Said services shall include, but shall not be limited to:
A business enterprise which offers to the general public temporary lodging accommodations that are used, rented or hired out to be occupied by transient guests who have their residences elsewhere, and which may contain other facilities accessory thereto which primarily are intended for use by such guests, including but not limited to snack bars, recreational facilities or activities, and retail shops for the sale of souvenirs and sundries, or which are intended for use by such guests as well as the general public, including but not limited to meeting rooms and restaurants or other dining facilities. This definition shall not include tourist homes, as defined by this chapter.
A relative by marriage.
A residential accessory use that:
Any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state. This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires.
Any building or lot on which four or more domesticated animals, more than four months of age, are housed, groomed, bred, or boarded, including animal shelters, where animals are housed and offered for adoption. This definition shall not include the housing, grooming or boarding of animals as an accessory use to retail sales of pets and pet supplies and/or as a part of a veterinarian's office.
Any man-made change to improved or unimproved real estate, including but not limited to: any activity which removed the vegetative surface cover; filling; grading; clear-cutting; and/or removal of trees, hedgerows, or other woody materials. Exempt from this requirement is maintenance and mowing as required by § 157-5A(6) of the Code of the Town of Greece (Property Maintenance) and New York State Department of Agriculture and Markets activities.
Guidelines available for reference to the general public from the Department of Planning and Economic Development which should be used as an aid in the preparation of commercial, industrial and multiple-family residential site plans.
In nonresidential districts, the area of a lot between the parking area and a public right-of-way utilized for the planting of landscape and/or utilized for green space. The storage of merchandise and/or parking of motor vehicles shall be prohibited in this area.
A lot, structure or use which existed before the effective date of this chapter or any amendment thereto affecting such lot, structure or use and which complied with all applicable zoning regulations in force and effect at the time that said lot, structure or use was established. Refer to § 211-25.
A tract of land which is identified as a separate parcel on an approved subdivision map or plat or in a deed which is filed or recorded in the office of the Monroe County Clerk.
The entire area within the lot lines, excluding any portion thereof which is within the right-of-way of a public highway.
The percentage of the area of a lot or business center which is covered by buildings, based on the first-floor area of each building and measured at the foundation line. In all residential districts the following accessory uses shall be included in the determination of lot coverage: swimming pools, paved (with impervious materials) tennis or basketball courts where said courts are not part of a functioning driveway and decks which are 1.5 feet or greater in height. Said deck height shall be measured from the walking surface of said deck to the ground directly beneath said deck.
The distance between the front and the rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
A line which forms the boundary of a lot.
On a nonresidential lot, the lot line which adjoins a street and which intersects the front lot line of the same lot.
A lot line which adjoins a street and which is on the same side of a lot as the front of a building on said lot, as determined by the Director of Planning and Economic Development, or, in the case of a residential corner, irregular or curvilinear lot, all lot lines which adjoin any street. On waterfront lots, the front lot line shall be defined as a lot line which adjoins a body of water.
A lot line which is generally parallel to and the most distant from the front lot line of the same lot. On irregular, curvilinear, triangular or wedge-shaped lots for which there is no clearly identifiable rear lot line, the rear lot line shall be defined as an assumed line which is 10 feet in length, entirely within said lot and which is generally parallel to and the maximum distance from the front lot line. On waterfront lots the rear lot line shall be defined as a lot line which adjoins a street and which is generally parallel to and the maximum possible distance from the front lot line.
A lot line which is not a front, corner or rear lot line as defined by this chapter.
The least distance across a lot between two side lot lines or between a corner lot line and a side lot line, measured at the front of the structure or setback line if no structure exists. In the case of a residential corner lot, the lot width is the least distance across the lot between a side lot line and the opposite front lot line.
A lot abutting two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. Each yard abutting a street shall be deemed a front yard in residential districts only. See Figure 3.[1]
A lot which has frontage on one public or private street and which has side and rear lot lines common with adjoining lots. See Figure 1.[2]
A lot which has frontage on two parallel or generally parallel streets.
A lot which adjoins Lake Ontario, Braddock Bay, Cranberry Pond, Long Pond, Round Pond or Salmon Creek. See Figure 5.[3]
A service operation where the principal use is the docking, harboring, mooring, and launching of watercraft, and including such accessory uses and structures as docks and slips for rent, transient slips, repair facilities, boat storage, marine fueling operations and equipment, clubhouses, ship stores, parks, picnic areas and playgrounds, and other water-dependent and water-oriented uses.
A facility owned or operated by an individual or organization where nursing care, instruction or other health, health-related and social services are provided on a twenty-four-hour basis by or under the supervision of family members, volunteers or physicians and where said facility is not regulated by the New York State Department of Health and where said facility, by all outward appearances, looks and acts like a single-family residence.
Radio telecommunications between mobile and fixed stations or between mobile stations.
Mobile service which is offered and provided by a common carrier.
Any freestanding pole which is used to support an antenna.
A business enterprise for commercial gain where the principal use is for the sale, lease or rental of new or used cars, trucks, motorcycles, recreational vehicles or trailers, per the licensing requirements of New York State Department of Motor Vehicles. Accessory use(s) shall include, but not be limited to, related repairs or service facilities.
A lot or structure, available to the public and operated for commercial gain, which is used for the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission rebuilding or repair, body or frame straightening or repair, painting, refinishing or undercoating, or installation or repair of tires, glass, upholstery or radio or audio equipment.
For any applicable characteristic of a lot, the arithmetic mean of said characteristic on the abutting lots which front the same side of the street as the subject lot. Applicable characteristics of a lot shall include but shall not be limited to setback and lot size.
A facility which is authorized in accordance with the rules and regulations of the New York State Department of Health to provide nursing care and other health, health-related and social services on a twenty-four-hour basis by or under the supervision of physicians.
The use of a building or portion of a building for the provision of executive, consulting, professional, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services, including advertising, accounting, architecture, archival services, design, engineering, financing, government, insurance, investment, law, medical, laboratory testing service, data processing, personnel, property management, real estate, sectorial services, telephone answering, travel, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with office services.
Offices of health care professions licensed by the State of New York, including but not limited to those of veterinarians, physicians, dentists or other health care professionals.
An area unobstructed by buildings from the ground upward, except for walks, paths, landscaping or other site features in public, common or other private ownership. Yards of individual lots occupied by dwellings shall not constitute open space.
The keeping, locating, storing, stockpiling, maintaining, housing or placing of any goods, material or equipment of whatever kind or nature or any vehicles, vessels, trucks, trailers, buses or any parts thereof or any trailer or storage container, including rolloffs, between the hours of 5:00 p.m. and 9:00 a.m. in any location other than within an enclosed building or structure enclosed with walls and a roof.
In nonresidential or multiple-family residential districts, the area of a lot used for the parking of motor vehicles by customers, employees, or inhabitants of said lot. For purposes of this chapter, parking area shall also include parking lots.
The space within which a vehicle is stored when not in use, exclusive of any driveway which provides access thereto.
A structure, as determined by the Building Inspector, which forms a level, roofless walking surface at ground level.
Radio telecommunications which are offered and provided by a common carrier, which encompass a variety of mobile, portable and ancillary fixed communications services for individuals and businesses, and which can be integrated with a variety of telecommunications technologies.
A covered entrance to a building.
A lot, structure or use which existed before the effective date of this chapter. Refer to § 211-25.
Any person, firm, corporation or governmental agency who or which is duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment or steam.
Any telecommunications in which the transmission originates or the reception terminates by means of Hertzian waves.
The offering and provision of radio telecommunications.
A device which is used as, mounted on or pulled by a motor vehicle and which is used for recreational purposes. For purposes of this chapter, the definition of recreational vehicle shall include but shall not be limited to travel trailers, tent trailers, pickup campers, coach motorized dwellings (commonly known as "motor homes"), boats, boat trailers, snow vehicles, racing vehicles, cycle trailers, utility trailers or similar vehicles or equipment.
One or more rooms in a senior citizen residential facility which provides sleeping facilities for the occupants thereof and which also may include provisions for living, cooking and/or sanitation facilities. This definition shall not include dwelling units, as defined by this chapter, nor shall it be applicable to multiple-family dwellings, one-family dwellings and two-family dwellings, as defined by this chapter.
A business enterprise for commercial gain where the principal use is the preparation, sale or serving of food for or to the public, and which provides for the consumption of such food on the premises, and which may include related accessory uses such as take-out or delivery service, drive-up facility, outdoor seating, and the sale or service of alcoholic and nonalcoholic beverages. This definition shall not include bars, taverns or nightclubs, or adult cabaret or adult entertainment establishments as defined in this chapter.
A business enterprise for commercial gain where individuals licensed under the New York State Division of Licensing Services provide personal care services in cosmetology, esthetics, nail specialty, natural hair styling, make-up, waxing and other similar personal care services.
A facility which provides education or instruction at regular sessions with regularly employed instructors and which is authorized by and operates under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or private corporation which meets the requirements of the state. This definition shall include private, technical, vocational, charter and institutes of higher education.
A use that contains compartmentalized space for lease, rental or sale to businesses or individuals for storage of materials or personal property, and allows such businesses or individuals to have access to such space.
A person who is 55 years of age or older.
A facility which provides residential units and which also may offer or provide services, supervision and care to:
The shortest distance between a lot line, or the street center line on certain streets as defined in Tables I, II, III and IV, and a structure, including porches and covered entryways. See Figures 1, 2 and 5.[4]
A detached accessory building, less than 200 square feet in area, customarily used for storage of property maintenance equipment.
An object, device or structure which is used to direct or attract attention to, advertise, display or identify an institution, organization, business, person, place, object, product, service, use or event.
The area within the perimeter of all sides of a sign which contains a message. The area of a freestanding sign or building-mounted sign shall include the area enclosed by one continuous line using the fewest number of right angles to encompass the framework of said sign and all of the numbers, letters or symbols which form a message and shall include any decorative supports, e.g. brick, wood, etc. If two sides of a sign are parallel to each other and have the same length, width, height and area, then only one of said sides shall be used in the determination of sign area.
A sign which is not located on the same premises as the institution, organization, business, person, place, object, product, service, use or event to which said sign refers.
A sign which is affixed to, painted on or built into any portion of a building other than a window which faces out from said building.
A sign which is located on the same premises as the institution, organization, business, person, place, object, product, service, use or event to which said sign refers.
A temporary sign with and limited to contractor information, located on the same premises as work being performed by said contractor on a residential lot. Seasonal contractor signs shall not be permitted.
A sign associated with, and limited to, information and directions marking entrances and exits, parking spaces, one-way drives, restrooms, pickup and delivery areas and the like.
An illuminated sign with a changeable message area or changeable copy area.
A sign which is placed on a lot apart from any building and whose support is independent of any building.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs covered to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way.
A sign which is permitted to remain on a lot or building for an indefinite period of time.
A sign which is permitted to remain on a lot or building for a limited period of time.
A sign which is placed on or is viewed through a window which faces out from a building.
A singular, freestanding dwelling unit.
A facility which provides continual medical or nursing care and other health, health-related and social services to senior citizens or chronically ill persons, regardless of age, on a twenty-four-hour basis by or under the supervision of physicians.
Included in this term are the following:
Any touching of the genitals, pubic area or buttocks of the human male or female or the breasts of the female, whether clothed or unclothed, alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
The premises on which horses, ponies or similar types of animals, regardless of size, breed or species, are kept or fed, including barns and corrals.
A stable which is an accessory use for the family which resides on the premises and on or at which horses, ponies or similar types of animals, regardless of size, breed or species, are kept or fed, but not for remuneration, sale or hire.
A stable on or at which horses, ponies or similar types of animals, regardless of size, breed or species, are kept or fed for remuneration, hire or sale.
A station in an amateur radio service which consists of the apparatus necessary for carrying on radio telecommunications, including but not limited to antennas and antenna towers.
A stationary radio transmitter, receiver or transmitter/receiver which provides radio telecommunications service to mobile or fixed stations.
A radio transmitter, receiver or transmitter/receiver in the mobile service which is used while in motion or during halts at unspecified points.
A structure which forms a level, roofless walking surface above ground level, is used to provide primary or secondary access to a front, side or rear entrance or exit of a building and which is not greater than 50 square feet in area.
A container which is used for storage purposes.
A public highway, or a private route or means of vehicular access for three or more lots.
An assembly of materials which forms a construction framed of component structural parts for occupancy or use, including buildings.
A structure which is customarily incidental, secondary or subordinate to a principal structure and which is located on the same lot as the principal structure, including but not limited to sheds, garages (attached or detached), pools, gazebos, decks, pavilions and other similar appurtenances.
The transmission and reception, between or among points specified by a user, of information of said user's choosing, without change in the form or content of the information which is transmitted and received.
Equipment which is used to provide telecommunications services. This definition shall include but shall not be limited to buildings and equipment which are used to provide telecommunications services via wires or cables, antennas, antenna towers and accessory antenna structures which are used to provide radio telecommunications services, pager services or radio and television broadcast services, and other similar telecommunications services. This definition shall not include amateur stations or satellite dish antennas.
The offering and provision of telecommunications, regardless of the telecommunications facilities which are used.
A series of attached dwelling units, in which each unit extends from foundation to roof, has individual private outside entrances, and with an exterior wall on not less than two sides. Definition to include duplexes.
A facility which is operated by or for a business to provide education or instruction in job skills for the employees of said business and which is not available to the general public, or to such classes of users as to be in effect available to the general public. This definition shall not include group instruction facilities, as defined by this chapter.
The offering and provision of radio telecommunications service through the use of duly authorized devices which do not require individual licenses. This definition shall not include the offering and provision of direct-to-premises satellite service, as defined by this chapter.
The application, employment, exercise or occupation of a lot or structure for a purpose.
A use, occupancy or tenancy which is customarily incidental, secondary or subordinate to the principal use, occupancy or tenancy of a lot or a structure.
The primary use, occupancy or tenancy of a lot or a structure.
The authorization by the Board of Zoning Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
The authorization by the Board of Zoning Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway and propelled by any means other than muscular power.
A building where raw materials or manufactured goods are temporarily or permanently stored, including distribution centers.
On a nonresidential lot, the space between the side of a building and the corner lot line, extending from the front yard to the rear lot line. Corner yards are applicable to nonresidential parcels only. See "yard, front" for residential lots.
For all residential lots, the space between the front of a building, as determined by the Director of Planning and Economic Development, and the front lot line, extending the entire width of the lot on which said building is located. See Figures 1 through 5.[5]
The space between the rear of a building and the rear lot line. In the case of an interior lot, the rear yard shall extend the entire width of said lot. In the case of a nonresidential corner lot, the rear yard shall extend from the corner yard to the side lot line. The rear yard on a residential corner lot shall extend from the side lot line to the opposite front yard or side yard. See Figures 1 through 5.[6]
The space between the side of a building and a side lot line, extending from the front yard to the rear yard. See Figures 1 through 5.[7]
On waterfront lots, the space between a dwelling unit and the shoreline. See Figure 5.[8]
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
[2]
Editor's Note: Said figure is included as an attachment to this chapter.
[3]
Editor's Note: Said figure is included as an attachment to this chapter.
[4]
Editor's Note: Said figures and tables are included as attachments to this chapter.
[5]
Editor's Note: Said figures are included as an attachment to this chapter.
[6]
Editor's Note: Said figures are included as an attachment to this chapter.
[7]
Editor's Note: Said figures are included as an attachment to this chapter.
[8]
Editor's Note: Said figure is included as an attachment to this chapter.