Any person 18 years of age or older. (A minor is any person under the age of 18).

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, videos, computer software, other periodicals, films or viewing on the premises by use of motion-picture devices or any other coin-operated means, and materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or male or female genitalia, anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, and which establishment customarily excludes any minor by virtue of age.

A public or private establishment, or any part thereof, which presents any of the following entertainments or services on one or more occasions for observation by patrons therein and which is operated for profit: topless female dancers; strippers; male or female impersonators; exotic dancers; topless waitressing, bussing or service; or service or entertainment where the servers or entertainers wear pasties or G-strings, or both. Adult entertainment cabarets customarily exclude minors by reason of age.

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

A theater that customarily presents motion pictures, films, videotapes or slide shows, that is open to the public generally but excludes any minor by reason of age whether or not they are accompanied by a parent or guardian.

See "adult bookstore," "adult entertainment cabaret," "adult theater" and "adult peep show."

Activities conducted on a farm or farm operation that are dependent upon such farm or farm operation, including, but not limited to, on-farm bed-and-breakfasts, farm stay programs, farm-related camping and lodging, U-pick operations, seasonal events, pumpkin patches, farm breweries, farm cideries, farm distilleries and farm wineries, and offering to the public, or to invited groups, the sale of agricultural products, education, recreation or active involvement in the farm or farm operation. An agribusiness activity may be conducted in an accessory building where the use is secondary to the primary farm or farm operation use on a property. The Alcoholic Beverage Control Law (ABC Law) provides the standards which must be met for farm brewery, cidery, winery and distillery licenses.

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, or for the incidental or customary processing of farm products, and provided that such structure is located on, operated in conjunction with and necessary to a farm or farm operation, but not to include any structure designed, constructed or used, in whole or in part, for human habitation or for agribusiness or agritourism.

Activities conducted by a farmer on a farm or farm operation for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm or farm operation and enhance the public's understanding and awareness of agriculture, farming and farm life.

As 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.

See "dwelling, multifamily."

A business establishment with a New York State liquor license authorizing sale of liquor for on-premises consumption, in which liquor sales represent 25% or more of sales receipts.

That portion of a building that is partly or completely below grade plane.

Owner-occupied residence, resulting from the conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.

Any structure having a roof supported by columns, piers, walls or otherwise, including, but not limited to, tents, lunch wagons, trailers, travel trailers, mobile homes, dining cars, camp cars or other structures on wheels, and intended for commerce, shelter, housing or enclosure of persons, animals.

A subordinate building located on the same lot with the principal building, occupied by or devoted to an accessory use. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the principal building.

A building in which is conducted the main use of the parcel on which said building is located.

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

The vertical dimension measured from the average elevation of the finished grade adjoining the exterior walls of a building to the highest point of the roof for flat roofs, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

A parcel of land used or intended to be used by two or more tents, travel trailers or other recreational vehicles on a transitory or seasonal basis and conducted as a business or as part of a public use or private club.

A certificate issued by the Code Enforcement Officer signifying that a parcel of land or structure is being used in a lawful manner with respect to the provisions of this chapter.

A nonprofit social organization whose premises are restricted to its members and their guests.

A development of residential lots, one or more containing less area than the minimum lot area required for the zoning district within which such development occurs, but maintaining overall in the development the density limitation imposed by providing for permanent open space as a part of the subdivision plan.

A facility that provides data processing and data collection and/or document management.

The materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive materials, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of Livonia.

In-home facility, as defined by § 390 of the Social Services Law of the State of New York.

A place other than an occupied residence providing or designed to provide day care for seven or more persons on a regularly scheduled basis for more than three hours but less than 24 hours per day.

An exterior floor system, built with any approved building materials, with a walking surface at any perimeter location of at least eight inches above the grade below, supported on at least two opposing sides by an adjoining structure and/or posts, piers or other independent supports.

Legal language recorded in an instrument in the chain of title for a lot, which describes specific limitations or restrictions on the use and for development of the property.

A document adopted by the Town Board and, when necessary, modified by the Town that establishes standards and control over development of property within the Town of Livonia.[2]

A use or portion of a 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 which may be consumed or used in a motor vehicle on the premises.

An establishment used primarily to collect and distribute articles or goods of fabric to be subjected to the process of dry cleaning, dyeing or stain removal elsewhere. A dry-cleaning outlet may also include equipment to press articles of fabric cleaned elsewhere or dry-cleaning machines using only noncombustible and nonflammable solvents.

A building or portion thereof used as the residence or sleeping place of one or more persons.

A single-family dwelling separated from attached units on ether side by a common party wall in accordance with the New York State Building Code.

A dwelling having no party wall in common with another building.

A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other.

A dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.

A building containing two dwelling units and used or intended to be used exclusively for occupancy by two families living independently of each other, or two single-family dwellings having a party wall in common.

One or more rooms providing living facilities for one family or housekeeping unit, including equipment for cooking, living and sleeping purposes and provisions for the same.

An accessory use involving a separate and complete dwelling unit either in or added to an existing single-family dwelling, or a separate accessory building on the same lot as the principal dwelling.

Any man-made cut, cavity, trench or depression in the earth’s surface formed by earth removal, not including any cut, cavity, trench or depression made as a result or in furtherance of the extraction from below the surface of any substance which exists naturally in a fluid state, such as water, oil or gas.

One person or a group of persons living together as a single household occupying a dwelling unit.

The use of a parcel of land of five acres or more for gain in the raising of agricultural products, trees, nursery stock, livestock, poultry or dairy products. It includes necessary agricultural buildings or farm buildings and the storage of necessary equipment. It also includes the use of a parcel of land of less than five acres, except that on such parcels the raising of fur-bearing animals, livery or boarding stables, dog kennels and the raising of livestock or poultry for personal use or for sale and/or slaughter is excluded and therefore prohibited. No housing of poultry or stabling of livestock or storage of manure or other odor- or dust-producing material shall be allowed within 100 feet of any lot line separating the farm or farm operation from adjacent residences or other uses.

Shall have the meaning as defined as defined in § 301 of the New York Agriculture and Markets Law (AML).

An incidental and subordinate activity of a farm, farm operation, greenhouse or nursery involving seasonal retail sale of primarily locally raised agricultural products, and may include activities in which retail customers pick or select their own produce from the fields or growing areas.

The land used for the production of woodland products intended for sale, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.

Any structure built with approved building materials attached to the ground for the purpose of, including but not limited to, the following: identifying property lines, containing livestock or pets, or to establish a barrier to prevent entry into any space. Decorative landscaping items are not included.

The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and/or used for the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall include areas below the average level of adjoining ground, garage space or accessory building space.

All areas of five or more contiguous acres of woods or sensitive areas of less than five acres that appear on the land conservation map.

An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.

Attached or detached, building used in conjunction with a primary building which provides storage.

Sale of household goods, clothing and equipment of the homeowner or tenant of a residential property from such property. See Article XI, Sign Regulations, § 150-90 for garage sale signage requirements

A retail establishment which offers for sale convenience goods, beverages and sundries, including the dispensing of motor fuels for sale.

A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting. (This definition shall not encompass those retail establishments that buy most of their horticulture stock wholesale, not propagating it themselves.)

A space in a building for living, sleeping, eating or cooking, or to be used for a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Any occupation or profession, excluding retail sales to customers or motor vehicle repairs on the premises.

An organization of residential property owners residing within a particular development who contractually agree to provide, reserve and maintain commonly owned facilities and/or open space, in accordance with New York State law.

A building containing rooms intended, designed, or used, rented or hired out, to be occupied for sleeping purposes by transient guests and/or the general public.

The horizontal area of ground covered by a surface through which water cannot infiltrate, such as buildings or asphalt driveways.

A completely enclosed building area including facilities for fitness activities such as running, swimming, competitive sports, bowling, or skating and other recreational uses such as arcades, performing arts center, or pool halls, and other similar activities.

A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled or where automobile wrecking takes place, but not including pawnshops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing. All operations take place in enclosed buildings unless a conditional permit for outside storage or operations is obtained from the Joint Zoning Board of Appeals or Joint Planning Board pursuant to § 150-17B or 150-20D.

A lot or parcel of land where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of four months.

A security instrument which may be accepted as a guaranty of a requirement that certain improvements be made before the Code Enforcement Officer issues a certificate of occupancy, including escrow agreements and other similar collateral and surety agreements acceptable in form and amount to the Municipal Attorney and Municipal Engineer and approved by the governing board.

See § 150-69.

That area of a site plan not consisting of structures or pavement. Landscaped area shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative or landscaped cover, including ponds.

A business establishment providing clothes washers and dryers for hire to be used by customers on the premises.

Any domestic animal, such as cattle, horses, donkeys, mules, burros, sheep, hogs or goats, of greater than three months' age; provided, however, that this chapter shall not apply to sheep, cattle or horses allowed to pasture on open range land where the individual pastures exceed 10 acres in area.

A parcel of land considered as a separate unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use and the customary accessory use 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 plot or the assessment records or maps.

An 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 public street right-of-way shall not be included in calculating lot area.

The percentage of the lot area covered by buildings or structures, excluding parking areas, driveways and walkways.

The mean horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.

The property lines bounding the lot. In the case of a lot abutting more than one street, any lot line bounding a street will be considered a front lot line.

The mean width measured at right angles to the front lot line or, for wedge-shaped lots, flag-shaped lots or lots with side boundary lines not perpendicular to the front lot line, the width measured at the required minimum front setback.

A lot, building, structure, pier, dock or portion thereof located with shoreline frontage and access to navigable water and used for the launching, mooring, rental, sale, fueling and/or repair of watercraft and including such boat storage and such sales of bait, tackle and marine supplies as may be accessory to such marinas.

Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged.

A storage facility composed of numerous storage units within a single structure or numerous structures that are available for rent or lease to the public.

See New York State Building Code.[3]

A manufactured home consisting of two or more sections combined at the site, with a width of no less than 20 feet, while still retaining their individual chassis for possible future movement and complying with Part 1220 of the New York State Uniform Fire Prevention and Building Code and Federal Department of Housing and Urban Development standard; excluding, however, travel trailers, motorized homes, pickup coaches and camping trailers. This definition does not include modular manufactured homes as defined by the New York State Uniform Fire Prevention and Building Code.

A parcel of land where two or more manufactured homes are situated for more than 24 hours or which is planned and improved for the long-term placement of manufactured homes by the public.

A factory-manufactured dwelling unit which incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a foundation at a building site. Such home shall be constructed and installed in accordance with the requirements of Subchapter B of the New York State Fire Prevention and Building Code and shall bear an insignia of approval issued by the New York State Fire Prevention and Building Code Council. Factory-manufactured homes shall be deemed to be one- or two-family or multiple dwellings. This definition does not include double-wide manufactured homes as defined by the New York State Uniform Fire Prevention and Building Code.

A building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing accessory off-street parking and, if desired, restaurant facilities. The term "motel" shall also include tourist courts, motor lodges and similar uses.

Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tune-ups and all other vehicle repair services not specifically listed in the definition of "motor vehicle service station."

A vehicle that cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, uninspected, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises.

Any building or premises, or portion thereof, the use of which is devoted to the business of washing motor vehicles for a fee, whether by automated cleaning devices or otherwise.

The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zoning district in which it is located.

A lot of record lawfully existing at the date of adoption of this chapter or any amendment thereto which does not have the minimum width or contain the minimum area or is otherwise not in compliance with the district in which it is located.

Any use of any building, structure or land lawfully existing at the date of adoption of this chapter or any amendment thereto which does not conform to the use regulations of the zoning district in which it is situated.

A facility used for nursing or custodial care on a twenty-four-hour basis of more than five persons who are not capable of unassisted living.

An area or areas of a lot, including required yards, which are:

A business establishment providing primarily health services, such as emergency care, laboratory facilities or minor surgery, to ambulatory patients rather than diagnostic treatment typical of a doctor's office.

See "deck/patio."

A detached single-story residential unit intended to be located on an individual lot.

The officially established Joint Planning Board of the Town and Village of Livonia.

A map, plan or layout of a village, town or portion thereof; section or subdivision of land indicating the location and boundaries of individual properties.

Such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents and offices of not-for-profit organizations.

See "lot lines."

Any one or more of the following uses, including grounds and accessory buildings necessary for their use:

Any facility or related equipment, including but not limited to all lines, pipes, transformers, poles, etc., performing an essential public service and subject to special governmental regulation. Nonessential components of public utility operations, such as general storage and maintenance facilities, are excluded from this definition.

A facility that conducts scientific experiments, research or technical studies.

A community-based residence under public, voluntary, nonprofit or proprietary sponsorship which provides residential services and twenty-four-hour supervision to four or more persons. Such a facility is operated by sponsor-approved staff.

Any establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. A snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, play field or park, or an approved vendor operating the recreational facilities for the convenience of the patrons of the facility, shall not be deemed to be a restaurant.

The sale of food, including food preparation for retail sale on the premises, retail sales of shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers and other similar items.

A strip of land, either public or private, occupied or intended to be occupied by a street, sidewalk, trail, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer or other similar use.

A permanent or temporary structure for the sale of agricultural products produced on the premises.

Business endeavors, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoes, appliances, etc.), mini storage, barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.

The least required horizontal distance between the front lot line and all building, measured at the shortest point.

The least required horizontal distance between the rear lot line and all building, measured at the closest point.

The least required horizontal distance between the side lot line and all building, measured at the closest point.

See Article XIV.

A private, nonprofit, social organization whose premises are restricted to its members and its guests.

A device for the direct conversion of solar energy into electricity.

A private not-for-profit social organization whose premises are restricted to its members and other guests. Its primary purpose is to promote outdoor life activities such as hunting, fishing, trapping and archery.

Grade change of 15% or more.

See applicable New York State Building Code.

A story 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 story.

A public or private thoroughfare which affords the principal means of access to abutting property.

That line determining the limit of the highway right-of-way of the public street, either existing or contemplated.

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

A swimming pool operated as an accessory use to a residential dwelling unit or units located on an individual residential lot, as per New York State Building Code.

A publicly or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.

The use of any premises, structure or use for living and/or sleeping purposes for 180 days or less in any calendar year.

An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.

A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living.

The specific purposes for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

A use clearly incidental and subordinate to the principal use on a parcel of land, whether located in a principal or accessory building, and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.

The main use for which a building or lot is used or intended to be used.

All land except wetland, flood zones, detention and retention ponds

The authorization by the Joint Zoning Board of 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 Joint Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

A facility providing animal care, medicine, surgery and housing.

Any electrical generator producing its power through the movement of air for the purpose of providing electricity for the commercial power grid or to power an individual business enterprise, subject to site plan approval pursuant to Article XIV.

Any electrical generator producing its power through the movement of air for purposes of providing power to one or more residential units, but not for profit. All energy produced shall primarily supply only the structures on said property. Such structures shall meet height limits for the zoning district in which they are located. All such structures shall have a setback from property lines equal to their height, including the blades.

An open space extending the full width of the lot between the front lot line and the principal building, unoccupied and unobstructed by any buildings or structures from the ground upward.

An open space extending the full width of the lot between the rear lot line and the required minimum rear setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 150-42.

An open space extending from the front yard to the rear yard between the side lot line and the required minimum side setback, unoccupied and unobstructed by any buildings or structures from the ground upward, except those permitted by § 150-42.

The officially established Joint Zoning Board of Appeals of the Town and Village of Livonia.

A permit issued by the Code Enforcement Officer 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 district in which it is located.