Terms defined. For purposes of this chapter, certain terms are herewith defined:
ACCESSORY BUILDINGA subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an "accessory building" is attached to the main building in a substantial manner, as by a wall or roof, such "accessory building" shall be considered part of the main building for yard determination.
ACCESSORY USEA use customarily incidental and subordinate to the main use or building and located on the same lot therewith.
ALTERATIONAs 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.
BOARDINGHOUSE or ROOMING HOUSEThe furnishing of meals and/or living accommodations for five or more persons on a weekly or longer time basis, for compensation.
BUILDING COVERAGEThe horizontal area of a lot covered by all buildings, measured to the outside of walls.
BUILDING HEIGHTThe 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 deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CAMPING GROUNDA lot used for overnight or longer occupancy by campers, tents or other movable or temporary dwelling or sleeping quarters for human beings, but not including such occupancy when accessory to a dwelling on the same lot and limited to seasonal use by members of the immediate family residing in said dwelling.
DWELLINGA building used as the living quarters for one or more families, but not including a boardinghouse or rooming house, hotel or lodging house or motel.
DWELLING, MULTIFAMILYA building or a group of buildings on one lot, containing three or more dwelling units.
DWELLING UNITA structure or part of a structure containing a room or rooms designed for human occupancy by one family and including customary kitchen facilities.
FAMILYOne or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single housekeeping unit or a group of not more than four persons not necessarily related by blood or marriage.
FARM PRODUCTS STANDA structure where products grown on the premises or elsewhere by the operator of the "farm products stand" may be sold and purchased.
FENCEA structure bounding an area of land, designed either to limit access to the area or to screen such area from view, or both.
FILLING STATIONAn area of land, including structures thereon, used for the supply of motor vehicle fuels, lubricants, accessories and such service as washing, polishing and minor repairs but not major repairs, collision service or painting.
FLAMMABLE LIQUIDSLiquids having a flash point below 200° F., closed cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25° F. Class II flammable liquids (e.g., alcohol, ethyl or methyl acetate) are those having a flash point below 70° F. but not below 25° F.
GARAGE, PRIVATEAn accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, including space for not more than one passenger vehicle used by others.
GASOLINE SERVICE STATIONA building and appurtenant facilities designed to serve motor vehicles, not including vehicle painting or body work, with all repair work conducted inside a building.
HOME OCCUPATIONAny customary, incidental business operated from the dwelling unit of the proprietor in a manner as to maintain the residential character of the lot, without outside employees, identifying signs or other evidence of business activity outside of the dwelling unit.
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.
KENNELAny premises used or maintained for the keeping, sheltering, care or raising of three or more dogs over four months of age.
LOTA parcel of land considered as a 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 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 or assessment record.
LOT AREAThe net area contained within lot lines.
LOT LINESThe property lines bounding the lot. The front lot line shall be the 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. The rear lot line shall be the lot line most distant from the front lot line.
LOT WIDTHThe least horizontal distance across the 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.
MIGRATORY LABOR CAMP or LABOR CAMPAny building, structure or trailer or group of buildings, structures or trailers, erected, used or maintained for the housing of migratory or transient laborers.
MOBILE HOMEA transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and inidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
MOBILE HOME COURT OR PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
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.
NONCONFORMING USELawful occupancy of a structure or land by a use that does not conform to the regulations of the district in which it is situated.
NONRESIDENCE DISTRICTAny district other than an R-1 One-Family Residence District, R-2 One-Family Residence District, R-3 Two-Family Residence District or RM Residential Mobile District.
NURSERY SCHOOLThe use 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 HOME or CONVALESCENT HOMEThe use of a building or part of a building for nursing care of two or more persons not related to the operator by family ties, and for compensation.
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, eight feet in width and 30 feet in depth.
OFF-STREET PARKING SPACEAn unobstructed area having access to a street, suitable for the parking of passenger motor vehicles, with minimum dimensions of eight 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.
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 and used as a place of business for such profession in a manner clearly accessory to the dwelling use of the lot.
RECREATIONAL VEHICLEA transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary movable living quarters for recreational, camping or travel use or to carry such equipment, but not for profit or commercial use. Included as "recreational vehicles," but not to the exclusion of any other types not mentioned in this definition, are trailers; trailer coaches; camping trailers; motor homes; pickup (slide-in) campers; chassis mounts; converted vans; chopped vans; mini-motor homes; fifth-wheel trailers of recreational vehicle construction, design and intent (as opposed to commercial fifth-wheel trailers); boat trailers, with or without boats mounted thereon; snowmobile trailers, with or without snowmobiles mounted thereon; and truck caps.
(1) TRAILERS, TRAILER COACHES and FIFTH-WHEEL TRAILERSRecreational vehicles constructed with integral wheels to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup or panel trucks and similar motor vehicles, but not including truck tractors of any type.
(2) CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
(3) PICKUP (SLIDE-IN) CAMPERS and TRUCK CAPSRecreational structures designed to be mounted temporarily or permanently in the beds of light trucks, with the trucks having either single or double rear wheels and with or without an assisting extra tag axle and wheels mounted either on the camper chassis or the truck chassis behind the truck's rear wheels. These campers can be readily demounted from the truck beds. When removed from their respective truck beds, "pickup (slide-in) campers" and "truck caps" are called "unmounted campers."
(5) CONVERTED AND CHOPPED VANSRecreational structures which are created by altering or changing an existing auto van to make it into a recreational vehicle meeting the requirements in the definition of "chassis mounts, motor homes and mini-motor homes" above.
(6) BOAT OR SNOWMOBILE TRAILERA vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, pickup truck or mobile recreational vehicle as above defined. When removed from the trailer, a boat or snowmobile, for purposes of this chapter, is termed an "unmounted boat or snowmobile."
RESIDENCE DISTRICTAn R-1 One-Family Residence District, R-2 One-Family Residence District, R-3 Two-Family Residence District or RM Residential Mobile District.
SEASONAL BASISConducting of a use for a period not exceeding eight months in any calendar year.
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 on any other structure or produced by painting 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 Village of North Collins, 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.
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 or if used for business or dwelling purposes. A half-story is a story under a sloping roof, having a ceiling height of seven feet or more for not exceeding 1/2 the floor area of the uppermost full story in the building.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or other structure, such as bearing walls, columns, beams, girders, foundations or foundation components.
STRUCTUREAnything constructed or erected which requires permanent location on the ground or attachment to something having such location.
YARD, FRONTAn open space extending the full width of the lot between a main building and front lot line (the nearest street right-of-way line), unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line (the nearest street right-of-way line) and the front of such building. In cases where a lot is construed to include 1/2 of the abutting street, the front yard depths herein required may be measured from the center of the street right-of-way, provided that 1/2 the street width is added to such required front yard depth.
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 distance between the rear lot line and the rear of such main building.
YARD, SIDEAn open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as hereinafter specified. The required width of a "side yard" shall be measured horizontally from the nearest point in the side lot line to the nearest building.