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Lysander City Zoning Code

ARTICLE II

Terminology

§ 320-4 Word usage; definitions.

A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designated to be used or occupied."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental to that of the main building or structure and which is located on the same lot as that occupied by the main building or structure.
ACCESSORY USE
(1) 
A use, not otherwise contrary to law, customarily incidental to the use of a building (This means noncommercial use.) for dwelling purposes and including:
(a) 
The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher, real estate agent or other New York State Licensed professional persons residing on the premises, including a child day-care facility as described in New York State Social Services Law § 390, Subdivision 12(b). There shall be no more than one paid employee or assistant, exclusive of a person residing on the premises.
(b) 
Home workshops, not for commercial purposes, which do not constitute a nuisance by reason of smoke, odor, vibration, dust or noise. There shall be no paid employees or assistants.
(c) 
Customary home occupations, such as dressmaking and hairdressing conducted by a person residing on the premises, with no paid employees or assistants. The foregoing does not allow used vehicle sales or garages for rent.
(d) 
The temporary storage (less than six months) of registered and operable unoccupied camping trailers and recreational vehicles not owned by a person residing on the premises.
(e) 
The casual sale of motor vehicles (as defined below) for not more than 45 calendar days per vehicle, which forty-five-day period may be extended in writing for not more than 30 additional days by the Codes Enforcement Officer upon a written request.
(2) 
An "accessory use" may be conducted in the main building or in an accessory building, but in either case shall not occupy a floor area greater than that of 1/2 of the area of the first floor of the main building. There shall be no commercial display visible from the street or advertising, except a small professional nameplate or announcement sign.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit of a building or structure or an enlargement, whether by extending on a side, front or back of a building or structure or by increasing in height, or the moving from one location or position to another.
APARTMENT
A dwelling unit in a multiple-family dwelling.
APARTMENT BUILDING
A building arranged, constructed or designed to be occupied by three more families living independently of each other by way of wall or partitions separating dwelling units (as defined below), with ownership vested in other than the occupants thereof.
AREA, MINIMUM FIRST-FLOOR
For living purposes, the horizontal area of a building measured at the ground level along the exterior of the foundation walls, excluding accessory buildings, open porches, terraces, steps and garages, whether attached or unattached.
BED-AND-BREAKFAST
A dwelling in which not more than four sleeping rooms are provided or offered for overnight temporary accommodations for transient guests for compensation, with or without meals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING
Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattel.
BUILDING LINE, FRONT
A line, parallel to the street line and extending from one side lot line to another, beyond which no portion of a building or structure shall extend into the front yard. Side and rear building lines shall be determined in a comparative manner. The front building line shall be located the same distance from the street line as the applicable minimum front yard setback in the applicable zoning district. (See limited exception in § 320-61.)
BUSINESS
Any commercial venture designed to generate income.
CASUAL SALE OF MOTOR VEHICLES
The display for sale or sale of not more than one operable motor vehicle at any one time and not more than two operable motor vehicles in any one calendar year by the titled vehicle owner on or from property utilized for dwelling purposes and owned or occupied by the titled vehicle owner, which display and sale is not in connection with the conduct of any business.
CHURCH
Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
CLASS-ONE LIQUIDS
Gasoline, oil and other petroleum products with a flash point below 100° F.
CORNER LOT
A parcel of land at the junction of and fronting on two or more intersecting streets.
COUNTRY STORE
The purpose of a country store is to provide opportunities for agricultural enterprises located in the Town to retail their products directly to consumers. Agricultural products grown or otherwise produced by the owner must constitute a substantial portion (50% or more) of all items sold at a country store. The sale of other related items of an agricultural or country nature is permitted to attract customers and promote the sale of the owner's agricultural products. Such related items include produce, plants, lawn and garden supplies, pet food, baked goods, ice cream, clothing items promoting the store and the like. Prohibited sales include vehicles, petroleum products, hardware, tobacco products, beer and liquor, nonpromotional clothing, furniture, sporting goods, farm or garden machinery, and other items not related to and designed to promote the agricultural nature of the establishment. With the exception of serving food composed primarily of ingredients produced on the owner's farm, such facility shall not include an indoor restaurant.
DRIVE-IN SERVICE
Includes restaurants, banks and the like where patrons enter the premises and are served or entertained in automobiles.
DWELLING
A house, apartment building or other permanent building designed or used primarily for human habitation. A dwelling shall not be deemed to include a hotel, motel or bed-and-breakfast.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DWELLING UNIT
A dwelling or portion thereof providing a complete self-contained residential unit, with living, sleeping, cooking and sanitary facilities within the unit, for use by one family.
DWELLING, MULTIPLE-FAMILY
A residence designed for or containing three or more dwelling units and occupied by three or more families, with separate living, sleeping, cooking and sanitary facilities for each unit, which units are separated by a common wall. Apartment houses are considered to be multiple-family dwellings.
DWELLING, SINGLE-FAMILY
A detached residence designed for or containing only one dwelling unit and occupied by only one family.
DWELLING, TWO-FAMILY
A residence designed for or containing only two dwelling units and occupied by only two families, with separate living, sleeping, cooking and sanitary facilities for each unit, which units are separated by a common wall.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
FARM
A parcel of land five or more acres in size used principally in the raising or production of agricultural products and the necessary farm structures and storage of equipment used on the premises.
FARM ANIMALS
Includes all farm animals (horses, mules, donkeys, sheep, goats, pigs, cattle, livestock, geese, fowl and poultry, etc.) and wild or dangerous animals.
[Added 8-2-2018 by L.L. No. 5-2018]
FARM STAND
A permanent structure to provide opportunities for farming enterprises located in the Town to retail produce directly to consumers. Only agricultural produce, a substantial portion (50% or more) of which is produced in the Town by the landowner, may be sold.
FARM WORKER HOUSING
On-farm structures occupied by farm laborers who are employed primarily on the farm where the structures are located and any nonworking family members of such laborers. Farm worker housing shall not include housing for any owners, lessees or operators of the farm or any officers, partners or members thereof.
FLAG LOTS
Lots which are narrower than the minimum lot width requirement. Flag lots may be permitted as defined in the zoning regulations § 320-61.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FLOOR AREA
The gross horizontal area of the main or first floor of a building, not including the area of unenclosed or open porches or attached garages. All dimensions shall be measured along the outside faces of the exterior walls.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car that is leased to a nonresident of the premises. Nothing contained herein shall include the repair of vehicles other than those of the occupant.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for commercial gain and which is used for storage, repair, rental, greasing, oil changing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
HOSPITAL
Unless otherwise specified, includes sanitarium, sanatorium, preventorium, clinic and any other place for diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of humans.
HOTEL
A building or group of buildings in which there are rental sleeping rooms for temporary lodging and which may also include dining rooms, kitchens, serving rooms, meeting rooms, ballrooms and other facilities and services intended primarily for the accommodation of its patrons.
JUNKYARD
A lot, or part thereof, with or without buildings, used for or occupied by the storage, collection or abandonment of junk, including scrap metals or other scrap materials, used or salvaged building materials, or used for the collecting, dismantling or abandonment of automobiles or other vehicles, machinery or parts thereof. The deposit on a lot of two or more unregistered motor vehicles, whether in operating condition or not, or parts thereof shall be deemed to make a lot a "junkyard."
KENNEL
The keeping of more than three dogs at any one time that are more than six months old, including, but not limited to, the breeding, sale or temporary care of dogs for commercial gain.
LOT
A parcel of land occupied or used by one principal structure or use with its accessory structures and the required open spaces.
LOT AREA
Total area within lot lines, excluding the street or highway right-of-way.
LOT COVERAGE
That percentage of a lot covered by a building, structure or impervious surface.
LOT LINES
Any legally approved line, as shown on a survey or subdivision map, dividing one lot from another.
LOT WIDTH
The width of a lot measured at the front building line.
MARINA, COMMERCIAL
Use of property or structures to provide fuel, repair, storage and other like services for boats.
MARINA, RESIDENTIAL
Use of property or structures to provide dockage for boats other than boats owned by property owners or guests.
MOTEL
See "hotel."
MOTOR VEHICLE
As defined in § 125 of the Vehicle and Traffic Law of the State of New York.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures and buildings thereon, that is used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used for polishing, washing, servicing, repairing or otherwise cleaning such vehicles.
NATURAL PRODUCTION USE
The excavation and sale of sand, gravel, clay or other natural mineral deposit, the quarrying of any kind of rock formation or the drilling of a well for oil or gas production for commercial gain.
NONCONFORMING STRUCTURE
A building existing at the time of the enactment of the Zoning Code of the Town of Lysander which does not conform to the regulations, except use regulations, of the district in which it is situated.
NONCONFORMING USE
A use of land or building existing at the time of the enactment of the Zoning Code of the Town of Lysander which does not conform to the regulations as to use of the district in which it is situated.
NORMAL POOL ELEVATION
The water level set by the Canal Corporation or other entity performing that function.
NURSING HOME
A structure, other than a hospital, where persons are lodged and furnished with meals and nursing care for hire.
PARKING SPACE
An area for the temporary parking of a motor vehicle, capable of containing a rectangle nine feet wide by 18 feet long and clear to a height of seven feet, together with access aisles for maneuvering and passage to and from the public street. In all instances, the minimum width of the access or drive aisle shall be 24 feet.
PERSON
Includes corporations, companies, associations, societies, firms and partnerships as well as individuals.
PUBLIC OR PRIVATE SCHOOLS
Buildings used for general instruction of primary and secondary education (preschool through 12th grade).
REGULATION GOLF COURSE
A public or private golf course consisting of nine or more holes with grass tees, fairways and greens.
RESTAURANT
A building or portion thereof where prepared food and beverages, whether or not alcoholic, are sold to the public for consumption.
RETAIL OR PERSONAL SERVICE USE
A commercial activity characterized by the direct on-premises sale of goods and services within the building to the ultimate consumer, generally involving stock-in-trade such as are normally associated with department stores, food markets, shops and similar establishments. This term shall also include personal service shops such as barbershops, beauty salons and dry-cleaning or laundry services of less than 4,000 square feet gross floor area.
SEASONAL PRODUCE STAND
A temporary structure for the seasonal selling of produce grown solely by the landowner. The cultivation and sale of such produce shall occur on the same parcel of land. Any structure, or portion thereof, used for such purpose shall not exceed 100 square feet in size, and any permanent structures shall comply with applicable setback requirements for residential accessory structures. Temporary structures shall be removed during the off-season.
SETBACK
Except where otherwise specifically set forth in this chapter, all yard setbacks shall be measured from property lot lines and not from road center lines. Where deeded property lines run to road center lines, the property line shall be deemed to be the near edge of the right-of-way for the purpose of determining setbacks.
SIGN
(1) 
An emblematic design or device, including those which are composed of light rays only, and including any billboard, pennant, announcement or symbol designed to inform or attract the attention of persons not on the premises on which the sign is located.
(2) 
The following shall not be included in the application of the sign regulations:
(a) 
Flags and insignia of any government, except when displayed in connection with commercial promotions.
(b) 
Legal notices, identification or informational or directional signs erected or required by governmental bodies.
(c) 
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(d) 
Signs directing and guiding traffic and parking on private property but bearing no advertising matter and conforming to the regulations set forth in the New York State Department of Transportation Manual of Uniform Traffic Control Devices.
(3) 
For the purpose of determining the number of signs, a "sign" shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without an organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single "sign." The surface area of a sign shall be computed as including the entire area within a geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. On two-sided freestanding signs and two-sided signs attached to and projecting perpendicularly from a building, with display surfaces on both sides, only one side will be considered in the computation of the area. Structural members other than decorative frames, for the purpose of supporting signs and not bearing advertising matter, shall not be included in computation of surface area.
STABLES
Structures and grounds for the boarding of horses or other animals not owned by the landowner or occupant.
STORY
That portion of a building included 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 the ceiling next above it.
STREET
A public or private way which affords principal means of access to abutting properties.
STREET LINE
The dividing line between the street or highway right-of-way and the abutting real properties.
STRUCTURE
A combination of materials to form a construction that is safe and stable and includes, but is not limited to, buildings, stadiums, platforms, communication towers, sheds, storage bins, billboards and display signs.
STRUCTURE, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck of mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.
STRUCTURE, PRINCIPAL
A structure, the use or occupancy of which constitutes the main or principal use of the lot on which said structure is located.
SWIMMING POOL
Any artificially constructed pool, tank or receptacle for water, installed in or above the ground for the purpose of swimming or bathing, and having a depth at any point greater than 24 inches when filled with water.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOPSOIL
The surface layer of the soil containing more or less organic matter to a depth usually plowed in cultivation.[1]
USE
The specific purpose for which land, a structure or a building is used or occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
YARD
An unoccupied space opens to the sky on the same lot with a building or structure.
YARD, FRONT
That portion of a lot situated between the street line and the front line of a building or structure.
YARD, REAR
That portion of a lot situated between the rear lot line and the rear line of a building or structure.
YARD, SIDE
That portion of a lot situated between the side lot line and the nearest side line of a building or structure and extending from the front yard setback line to the rear yard setback line.
[1]
Editor's Note: The definition of "tourist home," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now the definition of "bed-and-breakfast."