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Russell Gardens City Zoning Code

ARTICLE I

Definitions and Word Usage

§ 60-1 Word usage.

For the purposes of this chapter, words used in the present tense include the future: the singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "occupied" includes the words "designed or intended to be occupied"; and the word "used" includes the words "arranged, designed or intended to be used."

§ 60-2 Definitions.

[Amended 7-1-1958 and 10-26-1959; 6-19-1962; 6-26-1979 by L.L. No. 13-1979; 6-13-1988 by L.L. No. 2-1988; 2-6-2003 by L.L. No. 1-2003; 10-4-2004 by L.L. No. 4-2004; 12-1-2005 by L.L. No. 4-2005; 6-5-2008 by L.L. No. 3-2008; 12-4-2008 by L.L. No. 4-2008; 3-1-2012 by L.L. No. 2-2012; 11-7-2013 by L.L. No. 3-2013; 9-5-2024 by L.L. No. 5-2024; 5-1-2025 by L.L. No. 2-2025]
Certain words in this chapter are defined for the purposes thereof as follows:
ACCESSORY BUILDING
A subordinate building on the same lot as a principal structure or building, occupied by an accessory use. Accessory buildings shall not contain plumbing fixtures, other than a utility sink. Examples include garages, sheds, shops, studios and greenhouses.
ACCESSORY STRUCTURE
A subordinate structure on the same lot as a principal structure or building, devoted to an accessory use. Accessory structures shall not consist of habitable space. Examples include pergolas, trellises, gazebos, air conditioning condensers, emergency generators, fire pits, fireplaces, built-in barbeques, outdoor kitchens, hot tubs and parabolic satellite dish antennas.
ACCESSORY USE
A use customarily incidental to the principal use of a principal structure or building.
ALTERATION
As applied to a building or structure, is any change or rearrangement of the structural parts; or any enlargement, whether by extending on any side or by increasing in height; or the moving from one location to another. "Alteration" does not include ordinary repairs to buildings or structures.
BUILDING AREA
Shall be determined by measuring around the exterior of the foundation walls or foundation structures of buildings and shall include the floor area of porches.
CEILING HEIGHT
The vertical distance between the floor and ceiling of a building. For the purposes of calculating area, an eight-foot ceiling height shall be the minimum standard, except any space above the springline in a cathedral ceiling shall be excluded.
CELLAR
That space of the building that has more than half of its height, measured from floor to ceiling, below the mean ground level. A cellar shall not be considered in determining the permissible number of stories or floor area ratio, including any portion of a cellar containing garage space.
CORNER LOT
A parcel of land at the junction of and fronting on two or more intersecting streets.
DEPTH OF A LOT
The mean distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
FAMILY
Any number of individuals related by blood, marriage or adoption, or not more than two unrelated individuals who are not so related, living, sleeping, cooking and eating together as a single nonprofit housekeeping unit.
FLOOR AREA RATIO
The ratio of the gross floor area of a building or dwelling in square feet to the lot area of the building site in square feet. This calculation is based on ceiling height as defined herein. In any area in which the ceiling height exceeds the maximum allowable ceiling height, the gross area of that room shall be increased in direct proportion to the height in excess of the maximum allowable ceiling height.
HEIGHT OF A BUILDING
The vertical distance, in the case of flat roofs, from the curb level, where it has been established in business districts, to the highest point of the roof at the street wall, or, in other cases, the vertical distance from the mean level of the ground surrounding the building to the highest point of the roof.
INTERIOR LOT
A lot other than a corner lot.
LOT
A parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter, and such open spaces as are arranged and designed to be used in connection with such building.
LOT AREA
The area of a lot on which a building and its accessories are located.
MULTIPLE DWELLING or APARTMENT HOUSE
A residence building accommodating two or more families, living independently of each other and allowed to do their own cooking on the premises. Each apartment or dwelling unit in a "multiple dwellings" or "apartment house" shall be occupied by only one family, as defined herein.
NEW CONSTRUCTION
A total renovation or renovations of at least 40% of the lot or premises, whichever is less, over a period of five years commencing form the date of the issuance of a building permit from the Village.
NONCONFORMING BUILDING USE
One that does not conform to the regulations of the use district in which it is situated.
PUBLIC GARAGE
A building other than a private garage, one or more stories in height, used for the storage or repair of automobiles.
RELIGIOUS USE
A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held and which is operated other than for profit, including parish houses and religious school buildings and uses customarily accessory thereto.
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a home or residence for not more than one family, which may include a built-in private garage for not more than three automobiles, which shall have access to the street through a single driveway running from the garage directly to the street, and in no event shall any such property have more than one cut in the curb for the purpose of gaining access to the street from the property.
SKY EXPOSURE PLANE
A theoretical inclined plane through which no portion of a building other than cornices or eaves projecting not more than 18 inches, gutters projecting not more than eight inches and chimneys may penetrate. It begins at a lot line or other predetermined plane and rises over the zoning lot at a ratio of vertical distance to horizontal distance as set forth in the district regulations.
STREET
A public right-of-way, such as a road, highway, boulevard, avenue or other thoroughfare, consisting of a paved road bed, curbing, and drainage facilities, and which may include sidewalks, utilities and grass areas, owned, controlled and maintained by New York State or one or more of its political subdivisions.
STREET FRONTAGE
The distance along which the front boundary of the lot and the street line are coincident. On a corner lot the principal frontage shall be the shorter of the street frontages, measured from the point of intersection of lot lines abutting such streets or the projection of such lot lines to a point of intersection in appropriate cases.
STREET LINE
The dividing line between the street and the lot.
YARD
An open, unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.
A. 
REAR YARDA yard across the full width of the lot, extending from the rear wall of the building to the rear line of the lot.
B. 
FRONT YARDA yard across the full width of the lot, extending from the front wall of the building to the front line of the lot.
C. 
SIDE YARDA yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.