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Nichols Town City Zoning Code

ARTICLE IX

Definitions and Word Usage

§ 194-54 Word usage.

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 tense; the singular includes the plural; "shall" is intended to be mandatory; the word "person" includes a firm or corporation as well as an individual.

§ 194-55 Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR BUILDING
A use or building customarily incidental and subordinate to the principal use or building on the same lot.
APARTMENT BUILDING
A building arranged, intended, or designed to be occupied by three or more families living independently of each other, which has joint or common utility services and entrances.
APPEAL
A formal process that provides an opportunity to have a decision or interpretation of this chapter by the Code Enforcement Officer evaluated and possibly overturned.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or chattel and goods.
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code.
CLUSTER HOUSING
A planned development housing arrangement in which lots are plotted with less than the minimum lot size and setback provisions of this chapter, but which have access to common open space which is part of the overall development plan approved by the Town Board.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Nichols.
CONDOMINIUMS
A multifamily project of one-family dwelling units which may consist of one, a part, or more than one building wherein the real property title and ownership are vested in an owner, who has undivided interest with others in the common usage areas and facilities which serve the development. The means of administration and maintenance of common areas are mutually entered into by the respective owners.
DWELLING, ONE-FAMILY
A detached building or townhouse designed to be occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed for and occupied by two families living independently of each other.
DWELLING UNIT
A building or portion thereof providing complete living facilities for one family.
FAMILY
One person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.[1]
HOTEL
A building containing rooms which are used for or rented to be occupied for sleeping purposes and where a general kitchen and dining room may be provided within the building or in an accessory building.
JUNKYARD
Any area of land, including buildings thereon, which is used primarily for the collecting, storage, and/or sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, storage, and/or salvaging of machinery or vehicles not in running condition and for sale of parts thereof.
LOT
A parcel of land having distinct and defined boundaries as described in a separate deed.
LOT LINE
The boundary line of a lot.
MANUFACTURED HOUSING
A housing unit constructed off-site consisting of one or more than one segment and designed to be permanently anchored to a foundation, to become a fixed part of the real estate, which meets all the standards of the New York State Building Code.
MOBILE HOME
Any vehicle or similar portable structure with or without a foundation or wheels, jacks, skirtings, wood, or masonry block supports, designed or constructed to be towed, driven, or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the terms "trailer" and "house trailer."
MOBILE HOME PARK
Any lot on which two or more mobile homes are located for occupancy for more than 90 consecutive days, regardless of whether a charge is made for such accommodations.
MOTEL
A building containing rooms which are rented as a series of sleeping units primarily for motor vehicle transients, each sleeping unit consisting of at least a bedroom and a bathroom.
NONCONFORMING USE
Any use of any building, structure or land which was lawful prior to the adoption, revision or amendment of this chapter, but which does not conform to the use regulations presently in existence in the district in which it is situated.[2]
PLANNING BOARD
The Planning Board of the Town of Nichols.
ROOMER
A person living within a household who pays a consideration for such residence.
ROOMING HOUSE
A building other than a hotel where people are lodged for hire or where rooms are offered for hire. A tourist home is the same as a rooming house.
SETBACK
The distance from a lot's boundary lines or the center line of adjacent roads to the front, rear, and sides of a building on that lot.
SIGN
See § 194-22B.[3]
TOWN BOARD
The Town Board of the Town of Nichols.
TOWN CLERK
The Town Clerk of the Town of Nichols.
VARIANCE
A device which grants a property owner relief from certain provisions of this chapter, such as minimum lot size and setbacks, or which permits land uses not allowed in a given zoning district.
YARD
The space on a lot not occupied by a building.
A. 
FRONT YARD
A yard between the front lot line and the front line of a building extended to the side lines of the lot. Where the front lot line is not clearly established, it shall be deemed to be not closer than 25 feet to the center of the road.
B. 
REAR YARD
A yard between the rear lot line and the rear line of the principal building extended to the side lines of the lot.
C. 
SIDE YARD
A yard between the principal building and a side lot line extending through the front yard to the rear yard.
ZONE MAP
The zone map of the Town of Nichols.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Nichols.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).