A.Â
Word usage.
(1)Â
All words used in the present tense include the future
tense.
(2)Â
All words in the plural form include the singular
form, and all words in the singular form include the plural form,
except as to the number of permitted structures.
(3)Â
The word "person" includes an association, partnership
or corporation.
(4)Â
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
(5)Â
The word "building" also means "structure."
(6)Â
"Lot" also means the words "plot," "parcel," "tract"
or "site."
(7)Â
The word "premises" also means a lot and a property,
including all buildings and structures thereon.
(8)Â
To "erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
(9)Â
"Used" shall also mean "designated, intended or arranged
to be used or occupied."
(10)Â
"Shall" is mandatory and not discretionary";
"may" is permissive.
(11)Â
"He" shall include the feminine gender "she"
as well.
B.Â
BOARD OF APPEALS
COUNTY PLANNING BOARD
CUBA VILLAGE PLAN
DEPARTMENT OF HEALTH
PLANNING BOARD
VILLAGE BOARD
ZONING OFFICER
Administrative agencies defined. As used in this chapter,
the following terms shall refer to the agencies indicated:
The Zoning Board of Appeals of Cuba Village.
The Planning Board of the County of Allegany.
The Comprehensive Plan of Cuba Village.
The Allegany 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 Cuba Village.
The Village Board of Cuba Village.
The official designated by the Village Board of Cuba Village
to enforce the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which:
Is customarily incidental and subordinate to
and serves a principal building or principal use;
Is subordinate in area, extent or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use; and
Is located on the same parcel as the principal
building or principal use.
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of Cuba Village.
Any business enterprise having more than 10% 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 more than 10% of its activity,
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.
The use of the land for agricultural purposes, including
truck farms or nurseries, greenhouses, horticulture, viticulture and
apiaries, and the raising or breeding of animals, swine, poultry,
riding academies, livery or boarding stables, and the necessary accessory
uses for storage; provided, however, that the operation of any such
accessory use shall be incidental to that of the principal agricultural
activities.
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure, such as bearing
walls, columns, beams or girders or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving of a building or structure from one location
or position to another; or any alteration whereby a structure is adapted
to another or different use.
An area designated on a Flood Insurance Rate Map (FIRM) with
a one-percent or greater annual chance of flooding to an average depth
of one to three feet, where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity flow
may be evident. Such flooding is characterized by ponding or sheet
flow.
The land in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is also commonly referred
to as the "base floodplain" or "one-hundred-year floodplain."
A portion of a building having its floor subgrade (below
ground level) at any point on the periphery of the building. For purposes
of this chapter, "basement" has the same definition as cellar.
A dwelling within which overnight accommodations are provided
or offered for transient guests for compensation. For purposes of
this chapter, "bed-and-breakfast establishments" shall include tourist
homes.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, or any combination thereof,
designed to provide a physical screen preventing visual access from
one use to another and to reduce the escape and/or intrusion of litter,
fumes, dust, glare, noise or other noxious or objectionable elements.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
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 vertical dimension measured from the average elevation
of the finished grade level around the entire perimeter of the building
to the highest point of the structure.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the "building lines."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A certificate issued by the Building Inspector/Code Enforcement
Officer upon completion of the change in use of an existing building
or of a parcel of land with no buildings. Said certificate shall acknowledge
compliance with all requirements of this chapter.
A certificate issued by the Building Inspector/Code Enforcement
Officer upon completion of construction or alteration of a building.
Said certificate shall acknowledge compliance with all of the requirements
of the Uniform Code.
[Amended 8-26-1996 by L.L. No. 3-1996]
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain except as generally
required for the membership and purposes of such club.
A development of lots to be used for single-family residences,
each containing less area than the minimum lot area required for the
zone district 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.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the "curb level"
is the average of the mean levels of the curb on the two intersecting
streets. Where no such grade has been established, the Superintendent
of Public Works shall establish the "curb level" for the purposes
of this chapter.
A center designed to provide daytime care or instruction
for more than six children, operated on a regular basis.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, alteration or demolition
of buildings or other structures, mining, dredging, filling, paving,
excavation or drilling operations or storage of equipment or materials.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
A building designed or used for one or more families. The
term "dwelling" shall not be deemed to include a motel, hotel, tourist
home, boardinghouse or travel trailer.
A factory-built residential dwelling unit designed to be
occupied as a dwelling, complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and placement
on a permanent foundation and connections to utilities. Manufactured
housing shall meet the National Manufactured Home Construction and
Safety Standards as set forth by the United States Department of Housing
and Urban Development and the requirements of the Uniform Code. A
travel trailer shall not be considered as a "manufactured dwelling."
A residential building designed for or occupied by three
or more families living independently of each other.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A residential dwelling unit designed for and occupied exclusively
by one or more persons living as a single housekeeping unit and having
a minimum width dimension of not less than 16 feet.
A residential building containing two dwelling units, designed
for occupancy and used exclusively by two families living independently
of each other and having a minimum width dimension of not less than
16 feet. A duplex is a "two-family dwelling" which is designed with
a common wall.
A building or portion thereof providing housekeeping facilities,
including cooking and sanitary facilities, designed and used for occupancy
by a single family for living and sleeping purposes.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings or columns (posts and piers).
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies or for the public health, safety or general facilities or
sites for the disposal of waste materials associated with the provision
of such services.
The process of the removal of stone, sand, gravel, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single housekeeping
unit.
Any parcel which is used for agricultural production or farming
activities. It includes necessary farm structures and the storage
of equipment used in support of farming activities.
The federal agency that administers the National Flood Insurance
Program.
A structure of wood, masonry, wire mesh or other material,
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 "motor vehicle service station."
The level where the finished grade of the ground intersects
the foundation walls of a building. All height measurements shall
be taken from the "finished grade level."
An official map published by the Federal Emergency Management
Agency as part of a Flood Insurance Study. The "FBFM" delineates a
regulatory floodway along watercourses studied in detail in the Flood
Insurance Study.
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations
or an examination, evaluation and determination of flood-related erosion
hazards.
"Flood" or "flooding" also means the collapse or subsidence of land along a body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above of this definition.
An official map issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard
have been designated as Zone A but no flood elevations are provided.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Village.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Boundary and Floodway
Map and the water surface elevation of the base flood.
[Amended 8-26-1996 by L.L. No. 3-1996]
Any land area susceptible to being inundated by water from
any source. (See the definition of "flooding.")
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation of the
base flood.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service-types of uses, "gross
floor area" shall not include areas used principally for nonpublic
purposes such as storage, rest rooms, fitting or alteration rooms
or general maintenance or enclosed pedestrian malls or corridors.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor used only
for storage purposes is not a "habitable floor." All dimensions shall
be measured from the interior faces of exterior walls or from the
center line of the base of walls separating two dwelling units.
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 to the public, which is used for the storage, repair, servicing
or rental of motor vehicles.
An area or district that is listed:
In the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for listing on the National Register;
On the State Inventory of Historic Places approved
by the Secretary of the Interior; or
Any site, structure or landmark that is:
Listed individually in the National Register
of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on
the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on the State Inventory of
Historic Places approved by the Secretary of the Interior; or
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 be limited to those uses specified in § 200-55.
See definition in § 120-2 of the Code of Cuba Village.
Any premises on which six or more dogs or cats in any combination,
six months old or older, are kept, bred and/or boarded.
[Amended 11-12-2013 by L.L. No. 3-2013]
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 room rented as sleeping and living quarters, without cooking
facilities and with or without an individual bathroom.
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by a common interest or use, and the
customary accessory uses and open space belonging to the same.
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."
A parcel of land at the junction of and fronting on two or
more intersecting streets. All "corner lots" shall be deemed to have
two front yards, two side yards and no rear yard.
The percentage of the total lot area which is devoted to
building area.
The minimum horizontal distance from the street line of a
lot to its opposite rear line, measured in the general direction of
the side lines of the lot.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes 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.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
A lot which is not a corner lot and which has frontage on
two streets.
The distance between the side lot lines measured parallel
to the street line at the front setback line.
The lowest floor of the lowest enclosed area, including the
basement or cellar. An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement area, is not considered a building's "lowest
floor."
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as permanent living quarters,
containing sleeping accommodations, a flush toilet, a tub or shower,
kitchen facilities and plumbing and electrical connections for attachment
to outside systems. The definition of "mobile home" includes all additions
made subsequent to installation. All "mobile homes" shall meet the
National Mobile Home Construction and Safety Standards as set forth
by the United States Department of Housing and Urban Development and
the requirements of the Uniform Code.
A parcel of land under single ownership on which two or more
mobile homes are occupied as residences or which is planned and improved
for the placement of two or more mobile homes for nontransient residential
use or for the sale or rental of two or more mobile home lots.
A building or buildings containing sleeping units for transient
guests and providing accessory off-street parking facilities and which
may include restaurant facilities and a dwelling unit for a bona fide
caretaker or operator. The term "motel" includes hotels, auto courts,
motor lodges and similar terms.
Every vehicle which is propelled by any power other than
muscular power, except electrically driven invalid chairs being operated
or driven by an invalid. "Motor vehicles" shall include but not be
limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles,
etc.
Any building, structure or land used to dispense, sell or
offer automotive fuels, oils or accessories, including lubrication,
washing, polishing or cleaning and the replacement or installation
of parts and accessories to passenger automobiles or trucks not exceeding
one and one-half (11/2) tons. For the purpose of this chapter, "motor
vehicle service station" includes the term filling station.
A vertical control as corrected in 1929, used as a reference
for establishing varying elevations within the floodplain.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. "Neighborhood
character" is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
Any lawful building or structure existing at the date of
enactment of this chapter which in its design or location upon a lot
does not conform to the regulations of this chapter for the district
in which it is located.
A lot of record existing at the date of the enactment of
this chapter where the owner(s) of said lot does not own any adjoining
property, the resubdivision of which would create one or more conforming
lots, which does not have the minimum width, depth or area for the
district in which it is located.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
A place providing or designed to provide daytime care or
instruction for six or more children from two to five years of age
away from their home for up to three hours per day.
Any unoccupied space open to the sky on the same lot with
a building.
A space adequate for parking an automobile and having a width
of not less than nine feet and an area of not less than 180 square
feet per vehicle, exclusive of passageways and driveways appurtenant
thereto. Such space shall be located on the lot it is accessory to
and shall have direct access to a street or public way.
A building in which is conducted the main or principal use
of the lot on which said building is located.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
The main or primary purpose for which a building, structure
or lot is to be used.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
Elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Administrative office buildings and related
facilities operated by public agencies.
Fire, ambulance, public safety and public works
buildings.
Hospitals for the care of human beings, nursing
homes, convalescent homes, homes for the aged or residences for adults
as the same are defined under the Public Health Law or the Social
Services Law of the State of New York, provided that they are duly
licensed by the State of New York.
Membership corporations established for cultural,
social or recreational purposes.
Day-care centers approved by the New York State
Department of Social Services.
Nursery schools.
A vehicle-type portable unit without a permanent foundation
primarily designed as temporary living quarters for recreational,
camping or travel use, which either has its own motive power or is
mounted on or drawn by another vehicle. The basic entities are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 40 feet when factory-equipped for the road.
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. "Truck campers" are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled vehicle chassis.
A facility that is not a junkyard and in which recoverable
resources, such as newspapers, magazines, books and other paper products,
glass, metal cans and other products, are recycled, reprocessed and
treated to return such products to a condition in which they may again
be used for production.
Any temporary storage space for a vehicle waiting for admission
to a commercial use for service. Such space shall be in addition to
drives, aisles or off-street parking spaces required by this chapter.
Each "reservoir space" shall be 20 feet long and eight feet wide.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for consumption on the premises.
However, a snack bar or refreshment stand at a public, semipublic
or community swimming pool, playground, play field or park operated
by the agency or an approved vendor operating the recreational facilities
and for the convenience of the patrons of the facility shall not be
deemed to be a "restaurant."
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
The line determining the street or highway limit of public
ownership.
A dwelling other than a hotel, motel or bed-and-breakfast
establishment where not more than two persons are housed or lodged
for hire with or without meals. A "rooming house" is distinguished
from a bed-and-breakfast establishment in that it is designed to be
occupied by longer-term residents as opposed to overnight or weekly
guests.
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
A group of stores, shops and similar establishments occupying
a common structure or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
Any material, structure or part thereof or any device attached
to a building or structure or painted or represented thereon, composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed and is intended for display of an advertisement,
notice, directional matter or name, and includes sign frames, billboards,
sign boards, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs.
The area of a sign consisting of the entire surface of any
regular geometric form, or combinations of regular geometric forms,
comprising all of the display area of the sign and including all of
the elements of the matter displayed but excluding supporting or structural
members not bearing advertising matter.
The outer surface of a building on which a sign is placed
that is visible from any private or public street, highway or driveway,
including window display areas.
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 sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixage or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to
or part of a building or structure.
A sign lighted by electricity, gas or other artificial means,
including reflected or phosphorescent paint or tape.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
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 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.
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 sign attached to the exterior of a building or a structure
that extends more than 12 inches from the building face or structure
to which it is attached.
Any sign constructed on or supported by the roof of any building
or structure.
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.
A plan, drawn to scale, showing uses and structures proposed
for a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, rights-of-way, parking areas,
open space and any other information deemed necessary by the Planning
Board.
A use that would not be appropriate generally or without
restriction, 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.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area or buttocks.
The initiation, excluding planning and design, of any phase
of a project or physical alteration of a property, and shall include
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages or sheds), storage trailers and building materials.
That portion of a building between the surface of any floor
and the surface of the floor next above; also any portion of a building
used for human occupancy between the topmost floor and the roof.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
swimming pools, gasoline and oil tanks, buildings, mobile homes, fences,
signs, billboards, towers, antennae and satellite television dishes.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership of building development, and shall
include resubdivision.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, alteration or modification of
a building, the cost of which equals or exceeds 50% of the market
value of the building either before the improvement or repair is started
or, if the building has been damaged and is being restored, before
the damage occurred. The Zoning Officer shall determine the value
of the improvements to be made based upon the square footage of building
area added or improved. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the building. The term does not, however, include either:
Any project for improvement of a building to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
Any alteration of a building listed on the National
Register of Historic Places, State Inventory of Historic Places; or
A historic landmark or district designated by
the Village Board.
Any body of water or receptacle for water, including hot
tubs, which has a capability of a depth of more than two feet at any
point, used or intended to be used for swimming, bathing or wading
and installed or constructed above or below ground.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are structures incidental to new construction
which shall be removed after the completion of the construction work.
Includes any structure, including dish antennae, 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.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with a private outside entrance.
The New York State Uniform Fire Prevention and Building Code.
Authorization by the 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 Board of Appeals for the use of land
for a purpose which is otherwise not allowed or is prohibited by this
chapter.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided by
this chapter, and situated between the principal building or group
of buildings and the nearest lot line.
A yard extending between the side lot lines across the front
of a lot adjoining a street, situated between the street line and
the front building line.
A yard extending between the side lot lines, situated between
the rear line of the building and the rear lot line. In the case of
through lots, there will be no "rear yards," but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line, situated between the front and rear yards.
