As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate structure located on the same lot with the principal structure, occupied or devoted to an accessory use. Where an accessory structure is attached to the principal structure in a substantial manner, as by a roof, such accessory structure shall be considered part of the principal structure. All accessory structures shall be in compliance with the Building Code as set forth in the Codes of the Town of Holland. No accessory structure shall exceed 1,500 square feet.
[Amended 11-14-2007 by L.L. No. 2-2007; 9-11-2013 by L.L. No. 1-2013]
ACCESSORY USEA use customarily incidental and subordinate to the main use or building and located on the same lot therewith.
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 extending on a side or by increasing in height; or the moving from one location or position to another.
ANIMAL KENNELAny pen, building, or other structure, but not including a building used for human habitation, in which four or more dogs are kept for the purpose of breeding, sale, training, boarding, grooming, housing, or sporting purposes, with the exception of a pet shop.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
AUTOMOTIVE JUNKYARDAs provided in Chapter
75, Junkyards and Junk Dealers.
[Amended 7-13-1988 by L.L. No. 2-1988]
BASEMENTPart of a structure below ground level, which construction shall include either a block wall of ten-inch minimum blocks or an equivalent strength for a poured wall with a minimum height clearance of seven feet.
[Added 7-9-1997 by L.L. No. 4-1997]
BUILDING COVERAGEThe horizontal area of a lot covered by buildings, measured to the outside of walls.
BUILDING HEIGHTSThe vertical distance measured from the average elevation or the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CAMPING GROUNDLand used on a seasonal basis for the accommodation of tents, trailers or other nondwelling arrangements. This term does not include mobile home courts or permanent-type structures which penetrate ground by more than 10 inches.
[Amended 7-13-1988 by L.L. No. 2-1988; 5-12-1993 by L.L. No. 1-1993; 5-12-2021 by L.L. No. 1-2021]
CERTIFICATE OF OCCUPANCYA certificate issued by the Building Safety Inspector/Zoning Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
[Amended 7-13-1988 by L.L. No. 2-1988]
CLUSTER DEVELOPMENTA development of residential lots, each containing less area than the minimum lot required for the zone within which such development occurs, but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
COMMERCIAL GARAGEAny building, structure or lot which is used for the repair, maintenance or equipment of motor vehicles. This definition shall apply to §
120-26, HB Highway Business District, and §
120-27, M Manufacturing and Industrial District. For the purpose of lot and bulk requirements in the HB District, "commercial garages" shall be regulated under retail and service uses. For the purpose of the Schedule of Area, Lot and Bulk Requirements for the Manufacturing and Industrial District, special garages shall be in addition to those previously scheduled.
[Added 7-13-1988 by L.L. No. 2-1988; amended 1-8-1992 by L.L. No. 1-1992]
DWELLINGA building used as the living quarters for one or more families, not to include a boardinghouse, rooming house, hotel, lodging house, or motel, and must contain at least one dwelling unit.
[Amended 9-11-2013 by L.L. No. 1-2013]
DWELLING, MULTIFAMILYA building or a group of buildings on one lot containing three or more dwelling units or two or more buildings with one or more dwellings on one lot.
[Amended 1-8-1992 by L.L. No. 1-1992]
DWELLING, TWO-FAMILYA building containing two dwelling units or two buildings containing one dwelling unit, only one of which may be a principal dwelling and the second an accessory dwelling.
[Amended 1-8-1992 by L.L. No. 1-1992; 7-9-1997 by L.L. No. 4-1997]
DWELLING UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 9-11-2013 by L.L. No. 1-2013]
FAMILYOne or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter by definition or as an accessory use.
FARMA parcel or parcels of 10 or more acres in a permitted district devoted to farming as a primary use which may consist of one or more parcels which may or may not be contiguous to each other.
[Added 7-13-1988 by L.L. No. 2-1988; amended 9-11-2013 by L.L. No. 1-2013; 5-12-2021 by L.L. No. 1-2021]
FARM BUILDING OR USEAny use of land or buildings customarily a part of farm or agricultural pursuits, including the housing of farm animals, except fur-bearing animals, the repair of equipment used on the premises and the sale of farm products where such is clearly incidental to the overall use of the premises as a farm.
FENCEAny structure, regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.1
FLAMMABLE LIQUIDA liquid having a flash point below 200° F., closed-cup tester. Class I "flammable liquids" (e.g., gasoline, ether and liquid petroleum gas) are those having a flash point below 25° F. Class II "flammable liquids" are those having a flash point below 70° F., but not below 25° F.
GARAGE, PRIVATEAn accessory building or portion or a main building used for the storage of automotive vehicles used by the occupants of the premises.
GASOLINE SERVICE STATIONA building, structure or tract of land used for the storage and sale of gasoline, motor fuels, lubricants, accessories, supplies and any other materials related to the maintenance or equipment of automobiles or in which repairs, adjustments, maintenance or the equipping of automobiles is conducted. The term shall include, without limitation, the rendering of the following services: fueling; changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; and installing windshield wiper blades or light bulbs. The term shall not include any such establishment which renders such services or stores such materials for a single commercial or industrial establishment rather than offering such services and materials to the public.
[Amended 7-13-1988 by L.L. No. 2-1988]
HEIGHTIn regard to fences, the distance measured from the existing grade to the top of the fence.
[Amended 7-13-1988 by L.L. No. 2-1988]
HOME OCCUPATIONAny occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot which does not substantially alter the character and appearance of the property.
[Amended 7-13-1988 by L.L. No. 2-1988]
HOME PROFESSIONAL OCCUPATIONThe office of a member of a recognized profession when conducted on residential property; such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons.
HOTEL OR LODGING HOUSEA building containing sleeping rooms for five or more persons, which rooms are available to the public for less than a week at a time for compensation, with no cooking or dining facilities except a general kitchen and public dining room.
HUNTING AND FISHING CABINA cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting, fishing, and similar purposes that:
(1) Is a one-story structure but may include a sleeping loft;
(2) Is built on posts or piers and does not have a permanent foundation;
(3) Is served by a sanitary pit privy or chemical toilet and does not have a conventional, on-site wastewater treatment system;
(4) Does not have pressurized or indoor plumbing (this prohibition does not preclude a kitchen sink with appropriate grey water leach pit); and
(5) Is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).
LOTA parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. A lot within the meaning of this chapter may or may not be a lot as shown on a subdivision plat, assessment record or recorded deed.
LOT AREAThe net area contained within lot lines.
LOT FRONTAGEThe side of a lot measured along the right-of-way of any dedicated Town, county or New York State highway, or along a line 24.75 feet from the center line of any user highway. A corner lot shall be considered to have two such frontages.
[Added 12-11-2024 by L.L. No. 2-2024]
LOT LINESThe property lines bounding the lot.
(1) FRONT LOT LINEThe right-of-way line of the street or highway giving access to the lot. In the case of a corner lot, the owner may designate either street lot line as the "front lot line."
LOT WIDTHThe least horizontal distance across the lot between side lot lines measured at the nearest street or highway center line; also, the least horizontal distance across a lot between side lot lines measured at the front 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 front yard.
[Amended 1-12-1994 by L.L. No. 1-1994]
MOBILE HOMEAny vehicle or combination thereof used, designed for use or capable of being used for sleeping or living quarters for one or more persons, designed to be moved from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached, and irrespective of the name or title assigned or designated by the manufacturer of the unit or any other persons.
MOTELA building or group of buildings used primarily as sleeping or living quarters for transient automobile travelers and providing for accessory off-street parking but with no cooking facilities except in a restaurant or caretaker's unit. The term includes auto courts, cabin courts, motor lodges, tourist courts and similar appellations, but not trailer camps.
NONCONFORMING USELawful occupancy of a structure or land by a use or activity which was lawful prior to the adoption or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
[Amended 7-13-1988 by L.L. No. 2-1988]
NURSERY SCHOOLUse of a building or lot, or part of a building or lot, for nursery or other care of more than five children under six years of age not residing on the premises and conducted on a regularly scheduled basis.
NURSING HOMEUse of a building for nursing care of two or more persons not related to the operators by family ties and done for compensation.
[Amended 7-13-1988 by L.L. No. 2-1988]
OFF-STREET LOADING SPACEAn unobstructed area having access to a street suitable for the loading or unloading of motor transport vehicles with minimum dimensions of 12 feet in height, 10 feet in width and 50 feet in depth.
OFF-STREET PARKING SPACEAn unobstructed area having access to a street suitable for the parking of passenger motor vehicles and with minimum dimensions of 10 feet in width and 20 feet in depth.
PERSONAL SERVICE ESTABLISHMENTAn office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor or dressmaker.
PONDAny man-made body of water designated to retain water on an ongoing basis, with a surface area greater than 2,000 square feet and/or a maximum depth greater than 18 inches.
[Added 11-14-2007 by L.L. No. 2-2007]
PROFESSIONAL OFFICEWhen operated as a permitted accessory use in a residence district, a room or rooms on the same lot as the residence of a professional doctor, dentist, engineer, architect or other recognized professional, used as a place of business for such profession in a manner clearly accessory to the dwelling use of the lot.
SEASONAL BASISThe conducting of a use for a period not exceeding six months in any calendar year.
[Amended 7-9-1997 by L.L. No. 4-1997]
SETBACKThe least horizontal distance from any building to the nearest street or highway right-of-way.
SIGNAny advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the Town of Holland, the County of Erie or the State of New York for the purpose of showing street names, traffic directions or regulations or for other public purposes or street numbers placed or affixed to buildings.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
STORYThat portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and ceiling next above it. A basement shall be counted as a "story" for purposes of height measurement if the ceiling is more than five feet above the average adjoining ground level. A "half-story" is a story under a sloping roof, having a ceiling height of seven feet or more or not exceeding 1/2 the floor area of the uppermost full story in the building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STRUCTUREAnything constructed or erected which requires permanent location on the ground or attachment to something having such location.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOOLSHEDA movable structure designed to sit on grade, typically used for garden-type tool storage, lawn mowers and seasonal equipment and to follow the same zoning setbacks as an accessory building.
[Added 9-11-2013 by L.L. No. 1-2013]
USEThe specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USABLE OPEN SPACEAn area on a lot with a main building, unbuilt on and open to the sky, of such shape, location and character as to be usable for laundry drying, recreational use by small children and other dwelling accessory use, but not to be used for vehicle parking.
WASTEAs provided in § 27-0303, Subdivision 7, and § 27-0901, Subdivision 11, of the New York Environmental Conservation Law.
[Added 7-13-1988 by L.L. No. 2-1988]
(1) DISPOSALAs provided in § 27-0303, Subdivision 1, of the New York Environmental Conservation Law.
(3) REGULATED WASTEAs provided in § 27-0303, Subdivision 4, of the New York Environmental Conservation Law.
(4) SOLID WASTEAs provided in § 27-0701, Subdivision 1, of the New York Environmental Conservation Law.
YARD, FRONT(1) An open space extending the full width of the lot between a main building, structure or portion thereof and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least horizontal distance between the front lot line and the front of such main building.
(2) All corner properties adjacent to a public street, alley or highway shall also be considered as a "front yard" for purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
[Added 7-13-1988 by L.L. No. 2-1988; amended 1-8-1992 by L.L. No. 1-1992]
(3) The open, unoccupied space on the same lot with a building, situated between the nearest roof or foundation portion of the principal building, exclusive of facade articulation, such as window or wall recesses and projections, and the lot line adjacent to a street, and extending from side lot line to side lot line in the case of interior lots.
[Added 12-11-2024 by L.L. No. 2-2024]
YARD, REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified, the depth of which shall be the least horizontal distance between the rear lot line and the rear of such main building.
YARD, SIDEAn open space extending from the front yard or the rear yard between a main building structure or portion thereof and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward except as hereinafter specified. The required width of the "side yard" shall be measured horizontally from the nearest point of the side lot line to the nearest building.