(a)

Rules of construction. The following rules of construction of language shall apply to the text of this chapter:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular include the plural, and words used in the plural include the singular.

(3)

The word "lot" includes the word "plot" or "parcel."

(4)

The word "person" includes an individual, firm or corporation.

(5)

The word "shall" is always mandatory.

(6)

The word "used" or "occupied," as applied to any land, building or structure, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(7)

Any reference to an R district shall be interpreted to mean any district with the prefix letter "R."

(8)

The term "building" or "structure" includes any part of such building or structure.

(9)

Any reference to a C district shall be interpreted to mean any district with the prefix letter "C."

(10)

Any reference to an M district shall be interpreted to mean any district with the prefix letter "M."

(11)

The word "and" indicates that all connected items, conditions, provisions or events shall apply.

(12)

The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(13)

The term "either … or" indicates that the connected items, conditions, provisions or events apply singly and not in any combination.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure customarily incidental and subordinate to the principal use or building, and, except as otherwise provided, located on the same lot with such principal use or building.

Alteration means any change, rearrangement or addition to or any renovation of a building or structure; or any modification in construction or equipment.

Attached dwelling unit means a building consisting of a series of noncommunicating one-family dwellings. Such dwelling must be separated by a side lot line.

Attic means any area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.

Basement means that portion of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

Boarding home means any building in which persons are housed or lodged and furnished with meals on a paying basis.

Building means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property, but not a trailer.

Building, completely enclosed means a building separated on all sides from the adjacent open area or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows or normal entrance or exit doors.

Building height means the vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs and to the mean height between eaves and ridge of gable, hip, mansard, pitched or gambrel roofs. For the purpose of determining maximum permitted height for principal buildings, such measurement shall be made from the average finished grade at the front setback. For the purpose of side yard or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard.

Carwash, rapid means a vehicle washing service using automatic washing and rinsing devices as well as human labor in which the vehicle operator does not participate.

Carwash, self-service means a vehicle washing service in which water, soap and their means of application are provided. The vehicle operator performs the washing, rinsing and drying operations.

Cellar means that portion of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

Drive-in bank means a service provided by a financial institution which enables motorists to conduct banking business with a bank teller without leaving their vehicles.

Dwelling means a building used as the living quarters for one or more families, but not including a building of mixed occupancy.

(1)

Single-family dwelling means a building containing one dwelling unit and designed or used exclusively for occupancy by one family.

(2)

Two-family dwelling means a building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.

(3)

Multifamily dwelling means a building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.

Dwelling group means a group of two or more dwellings located on the same lot and having any yard or open space in common.

Dwelling unit means one or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.

Enlargement means an increase in floor area of an existing building or an increase in the area of land used for an existing open use.

Extension means an increase in the amount of existing floor area used for an existing use in an existing building.

Family means one or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.

Garage, attached means a private garage which is structurally attached to a principal building and which has livable floor area adjoining one or more walls thereof.

Garage, private means an accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, which may include space for not more than one passenger vehicle used by others.

Gasoline service station means any area of land, including structures thereon, that is used primarily for the sale of gasoline or other motor vehicle fuel. Accessory uses may include the sale of oil, other lubricating substances or motor vehicle accessories or facilities for lubricating substances or motor vehicle accessories or facilities for lubricating, washing, incidental replacement of parts or motor service to passenger automobiles or trucks not exceeding 1½ tons' rated capacity, but shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers or collision service, body repair, frame straightening, painting, undercoating, vehicle steam cleaning or upholstering.

Hazardous waste means unwanted byproducts of manufacturing processes generally characterized as being flammable, corrosive, reactive or toxic.

Home occupation means any use customarily conducted entirely within a dwelling, which is carried on only by the residents thereof and which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof, provided that:

(1)

Only customary home appliances are used.

(2)

There is no exterior evidence of such home occupation other than a permitted identification sign.

(3)

No article is sold or offered for sale except such as may be produced by members of the family residing on the premises.

(4)

Any use permitted in the C or M districts shall not be interpreted as being a home occupation.

Hotel means a building containing sleeping rooms in which lodging is provided primarily for transient guests for compensation, and which may include public dining facilities.

House trailer. See Trailer (mobile home).

Junk business means the maintenance of a place where junk, waste or discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned, but not including pawnshops, antique shops, or establishments for the sale, purchase or storage of used furniture, household equipment, clothing, or used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.

Kennel means the keeping of more than four dogs that are more than six months old.

Laundromat means a coin-operated public laundry in which an individual washes and/or dries laundry.

Local waterfront area means the area on the waterside of the local waterfront area boundary on the city's adopted local waterfront revitalization program boundary map on file in the city engineer's office.

Lot means a parcel of land occupied or capable of being occupied by a principal building or use, or a group of principal buildings or uses that are united by a common interest or customary accessory buildings or uses, including such open spaces to be used in connection with such buildings or uses. A "lot" may or may not be a lot of record.

(1)

Lot, corner means a lot at the junction of, and fronting on, two or more intersecting streets.

(2)

Lot, double frontage means a lot in which the front lot line and rear lot line abut a street.

(3)

Lot, interior means a lot other than a corner lot.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot lines means the property lines bounding the lot. Where a lot abuts a street or is partly contained in a street, the lot line shall be deemed to be a line drawn parallel to the centerline of the street and 30 feet distant therefrom measured at right angles thereto, but the actual street line shall be construed as the lot line if such street line is established and lies at a greater distance than 30 feet from the center of such street.

(1)

Lot line, front. Where a lot abuts upon only one street, the lot line along such street shall be the front lot line. Where a lot abuts upon more than one street, the assessment roll of the city shall determine the front lot line.

(2)

Lot line, rear. The rear lot line is any lot line which is opposite and more or less parallel with the front lot line. In the case of a lot which comes to a point at the rear, the rear lot line shall be an imaginary line, ten feet in length, entirely within the lot, parallel to and most distant from the front lot line.

(3)

Lot line, side. Any lot line which is not a front lot line or a rear lot line is a side lot line.

Lot width means the least horizontal distance across the lot between the side lot lines, measured at the front setback 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 the front yard.

Marina means a water basin providing secure moorings for recreational motorboats, sailboats, yachts and other similar craft, having mooring space for 20 or more boats.

Mixed occupancy means occupancy of a building in part as the living quarters for one or more families and in part for some other use not accessory thereto. For the purpose of determining off-street parking requirements, that part of such buildings used as living quarters shall be considered as dwellings.

Motel means a building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges or auto courts and similar appellations.

Nonconforming use means any lawful building or structure or any lawful use of land, premises, building or structure which does not conform to the regulations of this chapter for the district in which such building, structure or use is located, either on May 27, 1968, or as a result of subsequent amendments to this chapter.

Nursing or convalescent home means any building where persons are housed or lodged and furnished with meals and nursing care for hire.

Public garage and repair garage mean any garage, other than a private garage or gasoline service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

Repair means replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.

Reservoir space means a temporary storage space, exclusive of street area or required parking spaces, for a vehicle waiting for service or admission.

Restaurant, drive-in means an eating establishment whose customers are normally provided with quick food and drink service and may retire outside of the principal building to consume their purchase.

Restaurant, full service means an eating establishment where the products sold are consumed within a completely enclosed building, the taking out of food or drink from the building is purely incidental, and the consumption of food and/or drink in vehicles on the premises on which the building is located is prohibited.

Restaurant, personal service means an eating establishment in which the food and drink sold will primarily be consumed within a completely enclosed building. The sale or consumption of any alcoholic beverage, except beer and wine, shall be prohibited. Beer and wine shall not be served independent of any meal service.

Setback means the least horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street line.

Sign means any structure or part thereof, or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. The term "sign" shall not include a similar structure or device located within a building, except for illuminated signs within show windows. The term "sign" includes any billboard but does not include the flag, pennant or insignia of any nation or association of nations or of any state, city or other political unit or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

Sign, advertising or billboard means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.

Sign, flashing means a moving or animated sign or any illuminated sign on which the artificial or reflected light is not stationary and constant in intensity or color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.

Sign, illuminated means any sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.

Sign, portable means a sign which can be transported from one area to another, such sign not to be affixed to a fixture or the ground, and such sign also having removable letters and/or lights.

Solid waste means sludge from air or water pollution control facilities, demolition and construction debris, and residential, industrial and commercial wastes.

Story means that portion of a building between the surface of any finished floor and the surface of the finished floor next above it, or if there is no floor above it, then the space between the surface of any finished floor and the ceiling next above it.

Street means any road, avenue, lane, alley or other way which is an existing public way or which is shown on an approved plan or any private right-of-way or easement approved by the common council.

Street line means a line separating a lot from a street. In any case where a future street line has been established or approved by the common council, such future street line shall be considered as the street line for the purposes of determining lot area and setback requirements.

Structural alterations means any change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires permanent location on the ground or attachment to something having such location, but not including a trailer.

Trailer (mobile home) means a vehicle used for living or sleeping purposes, standing on wheels or on rigid supports.

Use means the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

Yard means that portion of a lot extending open and unobstructed from the ground upward.

Yard, front means a yard extending between the side lot lines and situated between the street line and the front line of the principal building or use projected to the side lines of the lot.

Yard, front equivalent means that portion of the rear yard of a double frontage lot extending along a street and from the street line to a depth equal to a required front yard. Any front yard equivalent shall be subject to the regulations of this chapter which apply to front yards.

Yard, rear means a yard extending between the side lot lines of a lot and situated between the rear lot line and the rear line of the principal building or use projected to the side lot lines; or, on a corner lot, a yard extending between the interior side lot line and the exterior side yard and situated between the rear lot line and the rear line of the principal building or use projected to such interior side lot line and exterior side yard.

Yard, required means a yard having a depth or width set forth in the applicable district regulations. Such width or depth shall be measured perpendicular to lot lines.

Yard, side means a yard extending between the front yard and the rear yard of a lot and situated between the side lot line and the adjacent side line of the principal building or use; or, on a corner lot where a side lot line abuts a street, a yard extending between the front yard and the rear lot line and situated between the side lot line and the side line of the principal building or use projected to the rear lot line.

(1)

Exterior side yard means a side yard abutting on a street line.

(2)

Interior side yard means a side yard abutting on a lot line of an adjoining lot.

(Code 1989, § 320-3; Res. of 2-4-1997(2))

Cross reference— Definitions generally, § 1-2.

Except as stated in this chapter, violations of this chapter are punishable as provided in section 1-7.

Pursuant to the authority conferred by General City Law § 20, and for each and every one of the purposes therein specified, the common council hereby ordains and enacts this chapter, regulating and restricting, by districts, the height, number of stories and size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards, courts and other open spaces, the density of population and location and use of buildings, structures and land for trade, industry, residence or other purposes. Such regulations shall apply to and affect only that area within the incorporated limits of the city.

(Code 1989, § 320-1)

State Law reference— General zoning powers, General City Law § 20(24), (25).

The comprehensive zoning plan, set forth in the text and maps which constitute this chapter, is adopted in order to promote and protect public health, safety, convenience and other aspects of the general welfare. These general goals include, among others, the following specific purposes:

(1)

Provide for adequate light, air and convenience of access.

(2)

Prevent overcrowding of land and undue concentration of population.

(3)

Secure safety from fire, flood, panic and other dangers.

(4)

Lessen congestion in the streets and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(5)

Encourage the most appropriate use of land in order to protect and conserve property values throughout the city.

(6)

Bring about the gradual conformity of land and buildings to the comprehensive zoning plan.

(Code 1989, § 320-2)

A person shall be subject to the penalties imposed by section 82-2 in any case where an order to remove any violation of any of the provisions of this chapter has been served by the building inspector upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or anyone who commits or assists in any such violation and where such person shall fail to comply with such order within ten days after the service thereof. Each week's continued violation shall constitute a separate additional violation and shall be punishable under this chapter.

(Code 1989, § 320-57(B))

(a)

No building, other structure or land shall hereafter be used or occupied, and no building or other structure or parts thereof shall be erected, relocated, altered, extended or enlarged, unless in conformity with the use, height and bulk regulations specified in this chapter for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.

(b)

No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with area requirements established in this chapter. If, on May 27, 1968, or at the time of any subsequent amendments to this chapter increasing the area or open space requirements, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.

(c)

No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.

(Code 1989, § 320-7)

The regulations of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education; or with the use of land or buildings owned by the United States government, the state, the county or the city and used for governmental purposes; or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric light or electric power transmission lines or distribution lines, telephone or telegraph lines, oil pipelines, steam transmission lines, sewers, sewer mains or railroad rights-of-way existing or hereafter authorized by the city. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by such public utilities which are otherwise permitted by this chapter in appropriate districts.

(Code 1989, § 320-8)

In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. Whenever any provision of this chapter is at variance or conflicts with any other provision of this chapter or any other statute, local ordinance or regulation covering any of the same subject matter, the most restrictive provision or the one imposing the highest standard shall govern.

(Code 1989, § 320-10)

No dwelling or principal building shall be erected on any lot which does not have immediate frontage on a street as defined in this chapter.

(Code 1989, § 320-15)

Every building used as a dwelling shall be located on a lot and, except for permitted dwelling groups or accessory buildings, there shall be not more than one such building on a lot.

(Code 1989, § 320-16)