The official designated by the Village Board of the Village of Albion to enforce the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code in the Village.

The Planning Board of the County of Orleans.

The Orleans County Department of Health and any other health board or department established pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Village.

The Planning Board of the Village of Albion.

The Village Board of the Village of Albion.

A contributory use on the same lot and of a nature customarily incidental and subordinate to the principal use and may include alternate energy systems and home occupations.

Any business enterprise having as a substantial or significant portion of its stock-in-trade books, magazines, pamphlets, pictures, drawings, photographs, motion-picture films or sound recordings or printed, visual and audio material of any kind, which are characterized by their emphasis on the description or depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or specified sexual activities; or any business enterprise having more than 10% of the total floor area of its establishment devoted to the sale and display of such material.

Any business enterprise having as a substantial or significant portion of its activity on any given day or night the presentation of live shows, motion-picture films or sound recordings or similar visual or audio material, which are characterized by their emphasis on the description or depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or specified sexual activities; or any business enterprise serving food and beer, wine or liquor whose entertainers or waiters and waitresses appear in a state that displays male or female genitals, pubic areas or buttocks; or any business enterprise that offers services requiring the client or customer to display male or female genitals, pubic areas or buttocks, except medical and health services establishments.

As applied to a building or structure:

Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure. Current examples include windmills, solar collectors and solar greenhouses, heat pumps or other related devices. For the purposes of this chapter, this definition shall apply to individual residences and businesses. Commercial generating plants are excluded.

Any indoor place or enclosure in which is maintained or operated, for the amusement, patronage or recreation of the public, three or more coin-controlled amusement devices, including the type commonly known as "bagatelle," "baseball," "foosball," "pinball" and "video games."

A business that treats and regularly houses animals on the premises overnight and for extended periods for treatment.

A rooflike shelter, made of fabric and which may be retractable, that extends over a doorway, window or the facade of a building in order to provide protection, as from the sun or weather.

Any visual message incorporated into an awning attached to a building.

That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of grounds adjoining the building.

A single-family dwelling where overnight lodging, with or without the service of meals, is offered to transient guests for compensation. This term includes hostels and tourist homes but does not include hotels, motor lodge, tourist cabins or similar terms.

Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or property.

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

The outer surface of a building which is visible from any private or public street, highway, driveway or off-street parking area, including window display areas.

The vertical distance measured, in the case of a building with a flat roof, from the average elevation of the finished grade level around the entire perimeter of the building to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the average finished grade level to halfway between the top of the plate and the ridge, but not including chimneys, spires, mechanical penthouses, towers, tanks and similar projections.

A retail sales or service facility at which a product is sold or a service is performed for customers while they are in their motor vehicles in off-street parking or service areas. This term shall include drive-in banking, drive-in photo processing, fast-food establishments, restaurants, refreshment stands and similar uses. This term shall not include retail fuel outlets, drive-in theater or car wash establishments.

Small commercial establishments (of less than 6,000 square feet in gross floor area) catering primarily to nearby residential areas and providing convenience goods and services, including but not limited to grocery stores, drugstores, beauty salons, barbershops and carryout dry-cleaning and laundry pickup stations.

A commercial establishment primarily providing services rather than selling products.

A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.

A roofed structure without enclosing walls, used for the storage of one or more motor vehicles.

A certificate issued by the Code Enforcement Official stating that a structure or the use thereof is in compliance with this chapter.

A certificate issued by the Code Enforcement Official upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the NYS Uniform Fire Prevention and Building Code.

Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.

Any organization catering to members and their guests or a building or premises used for recreational, general, social or athletic purposes not open to the general public. Clubs shall not be conducted primarily for gain, and vending stands, merchandising or commercial activities shall not be conducted except as required for membership and purposes of such club. For the purpose of this chapter, this term shall include religious organizations, lodges, fraternal organizations, mutual benefit societies and other similar organizations.

A development of lots to be used for single-family residences, each containing less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.

A building or groups of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners of individual units on a proportional undivided basis. Condominiums are a form of ownership of units which may be built in residential or non-residential districts. Condominiums are governed under Article 9-B of the Real Property Law, also known as the "Condominium Act" of the State of New York.

Any sign on which the visual copy may be periodically changed, either manually or automatically.

Care provided for three or more children away from their own home for more than three hours but less than 24 hours per day per child, on a regular basis which care is provided with or without compensation or payment.

A place which provides day care for seven or more children away from their own homes.

Day care of not more than six children provided in a family home.

Any change made to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.

Any sign limited to providing information on the direction to an activity, business or event.

A sign that lists two or more business enterprises, consisting of a matrix and sign components.

A roadway or aisle, with a maximum pavement width of 30 feet, providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.

Any building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons. Structures which do not have permanent or approved sanitary facilities shall not be considered a residential dwelling. In addition, no basement sited independently of a structure shall be used exclusively as a dwelling.

One room or rooms connected together, designed for occupancy by one family, for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Erection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities or public receiving and retransmission of communications signals.

A lot or land area or part thereof used for the purposes of extracting stone, sand or gravel for sale, as an industrial or commercial operation, but which does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning permit.

One or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single nonprofit housekeeping unit.

An enclosure, barrier or boundary made of posts, boards, wire, stakes, rails, plastic, chain link mesh or similar type materials, including landscaping, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.

See "retail fuel outlet."

Refer to the Village of Albion Code Chapter 165, Flood Damage Prevention, as authorized by the New York State Constitution, Article IX, § 2, and Environmental Conservation Law, Article 36.

For the purpose of applying the requirements for off-street parking and loading, in the case of offices, merchandising or service types of uses, the total floor area to be used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, rest rooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.

The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business.

Any sign not attached or part of any building but separate and permanently affixed by any other means in or upon the ground; included are pole signs, pylon signs and masonry-wall-type signs.

All of the property abutting a road, street or thoroughfare, measured along the road, street or thoroughfare line.

An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit.

Any garage, other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, recreational vehicles, boat and other tangible personal property.

See "retail fuel outlet."

Any occupation or profession customarily conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation shall not be interpreted to include the following: commercial stables and kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles.

An individual who resides in a dwelling unit and who owns, rents or otherwise has a legal possession of such unit.

Any sign illuminated, either from the interior or exterior of the sign, by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.

An area, lot or unenclosed shed where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled or abandoned, including auto wrecking or dismantling yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for the processing of used, discarded or salvaged materials as part of manufacture operations, or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purpose for which originally manufactured.

Any lot or premises on which three or more domestic animals more than four months of age are housed, groomed, bred, boarded, trained or sold.

Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking area.

A parcel of land at the junction of and fronting on two or more intersecting streets, roads or thoroughfares.

An interior lot having frontage on two parallel or approximately parallel streets, roads or thoroughfares.

A parcel of land, the dimensions and extent of which are determined by the latest official records or recordings.

The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.

The mean distance from the front lot line to the rear lot line, measured in the general direction of the side lines of the lot.

The width of a lot measured along the front lot line. The front of a lot shall be construed to be the portion nearest the highway. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards.

The property lines bounding the lot:

The width of the lot between side lot lines at the front setback line.

The use of an area of land to remove minerals, metals or other items of value from the ground for a profit, including gas and oil wells.

A factory-manufactured dwelling, built on a permanent steel-framed chassis and designed to be transported to a site in one or more sections, which is intended to be used as permanent living quarters by a single-family unit when connected to the required plumbing, heating and electrical utilities. For the purposes of this chapter, the removal of transport wheels and/or the anchoring of the home to a permanent foundation shall not remove it from this definition. This term shall include double-wide mobile/manufactured homes.

Any site, lot, field, plot, parcel or tract of land on which two or more mobile/manufactured homes are parked or located and for which either said premises or mobile/manufactured homes are offered to the public for a fee of any type, including cost sharing. This includes the rental of the said premises and/or the mobile/manufactured homes.

A factory-manufactured dwelling having no permanent support frame and designed to be transported to a site in one or more sections for erection, construction or installation as a permanent structure.

A building or group of buildings, whether detached or in connected units, containing transient and/or permanent lodging facilities for transient guests. Accessory facilities, such as restaurants, meeting rooms, retail business activities and other similar services, are included in this definition. The term "motel" includes buildings designated as auto cabins, auto courts, motor lodges, tourist courts, hotels and similar terms.

Any vehicle designed to be propelled or drawn by power other than muscle power. This term shall include automobiles, trucks, buses, motorcycles, tractor-trailers, boats, motor homes, snowmobiles, garden and lawn tractors.

A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles for compensation.

A series of multiple-family dwellings, designed and built as an integrated development with a common architectural style.

A residential building designed for or occupied by three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.

A lot, building or structure legally existing at the time of enactment of this chapter or any amendment thereto and which does not conform to the area regulations of the district or zone in which it is located, as specified in this chapter.

A sign which exists at the time of enactment of this chapter and which does not conform to the regulations and restrictions imposed herein.

A use of land legally existing at the time of enactment of this chapter or any amendment thereto and which does not legally conform to the regulations of the district or zone in which it is located, as specified in this chapter.

A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.

An off-street area, with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

Space available for the parking of one motor vehicle and having area dimensions of not less than 9 by 20 feet, exclusive of passageways and driveways giving access thereto.

A land use allowed under the regulations of this chapter.

A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.

A building in which is conducted the main or principal use of the lot on which said building is located.

The main or primary purpose for which a building, structure or lot is to be used.

The office or place of business where professional services are offered and does not primarily involve the sale of goods or the keeping of a stock-in-trade. Professional offices include but are not limited to medical doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.

A specific activity performed by a qualified person(s) which requires training and/or specialized study.

A sign which is attached to the exterior of a building or a structure beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.

Includes but is not limited to any one or more of the following uses, including grounds and accessory buildings necessary for their uses:

The sum of all open or covered areas in a residential development used for recreation purposes.

A three-dimensional sign built so as to physically represent the object advertised.

Any establishment, however designated, at which food or drink is sold for consumption by patrons seated within an enclosed building or on the premises.

Any establishment that sells gasoline, diesel, kerosene, propane or similar fuels to the public. This includes service stations, convenience stores, car washes or any other facility that sells fuels.

Land set aside for use as a street, alley or other means of travel.

Any sign constructed on or supported by the roof of any building or structure.

A dish-shaped accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a satellite in planetary orbit or other source.

The required open space between the front lot line and the front of the main structure, but not including entrance steps.

The required open unoccupied space measured from the rear lot line to the nearest part of the main or accessory structure.

The required open unoccupied space measured from the side lot lines to the nearest part of the main or accessory structure.

Any material, structure or device or part thereof composed of letter or pictorial matter, which is located out-of-doors or on the exterior of any building or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is in view of the public.

The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display.

Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.

The supports, uprights, bracing and framework for the sign. In the case of the sign structure consisting of two or more sides where the angle formed between any two of the sides or the projection thereof exceeds 30°, each side shall be considered a separate sign structure.

A detached residential dwelling designed for and occupied by only one family.

A plan of a lot or subdivision on which is shown topography, location of all existing and proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board (also referred to as "site development plan").

A review and approval process, conducted by the Planning Board, whereby site plans are reviewed utilizing criteria stated in this chapter.

Space open to the sun and clear of overhangs or shade.

Those particular uses which are specifically permitted in a given district only when the specific criteria enumerated in this chapter are met.

Includes horses, cows, goats, sheep, pigs, rabbits, fowls and other similar animals.

The right-of-way line of a street; the front lot line; the line separating a lot from a street.

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. For example, structures include buildings, mobile homes, walls, fences, signs, sheds, billboards and poster panels, docks and/or similar construction types.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

Any body of water or receptacle for water, having a capability of a depth of 18 inches or more at any point, used or capable of being used for swimming, bathing or wading and installed or constructed either above or below ground.

Any establishment, licensed by the State of New York, that engages in the sale for on-premises consumption of alcoholic beverages.

A sign which is intended to advertise community or civic projects, real estate for sale or lease or other special events on a temporary basis.

An activity or use conducted for a specified limited period of time, not exceeding six months. This term shall include those uses incidental to construction projects, festival tents/refreshments stands, temporary real estate sales offices incidental to a subdivision project and similar type uses.

Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as but not limited to broadcast, shortwave, citizens band, FM or television signals or wind-driven devices, such as energy converters and wind,speed and/or direction indicators.

A detached building containing two dwelling units, designed for occupancy by not more than two families. This term shall include duplexes.

A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relating to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as a special permit use only if specific provision for such special permit use is made in this chapter.

A variance is any departure from these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property. Variances run with the land and are not particular to any one landowner.

Authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.

Authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.

See "amusement center."

The official appointed to the position of Village Clerk of the Village of Albion.

A sign which is painted on or attached to the outside wall of a building or structure with the face of the sign in the plane parallel to such wall and not extending more than 15 inches from the face of such wall.

A sign, visible from a sidewalk, street, off-street parking area or other public place, painted or affixed on glass or other window material or located inside within four feet of the window, but not including graphics in connection with customary window display of products.

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line. (See also "setback, front.")

An open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot and unoccupied except for accessory building and open porches. In the case of corner and through lots, there will be no rear yards but only front and side yards. (See also "setback, rear.")

The temporary displaying of household items and clothing for sale on a yard or porch or in a barn or garage. This term shall include garage sales, barn sales, porch sales and sales similar in nature.

An open space extending between the side building line and the nearest side lot line, situated between the front and rear yards. (See also "setback, side.")

A permit issued by the Code Enforcement Official authorizing the construction and/or use of lots and structures and the dimensions and characteristics of such lots and structures in conformity with this chapter.