Rules of construction of language in this chapter shall be as
follows:
A.Â
Words used in the present tense include the future tense.
B.Â
Words used in the singular include the plural, and words used in
the plural include the singular.
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The word "person" includes an individual, firm or corporation.
E.Â
The word "shall" is always mandatory.
F.Â
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
G.Â
Any reference to an "R District" shall be interpreted to mean R-1,
R-2, R-A and R-C Districts.
H.Â
Any reference to a "C District" shall be interpreted to mean C-1
and C-2 Districts.
I.Â
Any reference to an "M District" shall be interpreted to mean M-1
and M-2 Districts.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A building or structure, the use of which is incidental to
that of the main building and which is located on the same premises.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building, except as otherwise provided for off-street parking.
Any change, rearrangement or addition to or any relocation
of a building or structure or any modification in construction or
equipment.
A lodging facility, including a tourist home, in a residential
dwelling property for lodging only or lodging and breakfast, for short-term,
transient guests, with any stay not to exceed 14 days in duration.
[Added 12-4-1991 by L.L. No. 2-1991]
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
(a roof with a double pitch on all sides) roofs and to the mean height
between eaves and ridge for gable, hip and gambrel roofs.
A building used as the living quarters for one or more families.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA 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.
MULTIFAMILY DWELLINGA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
An increase in floor area of an existing building or an increase
in size of an existing structure or an increase in the area of land
used for an existing open use.
An increase in the amount of existing floor area used for
an existing use in an existing building.
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.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles, including commercial vehicles
having a rated capacity of not more than 3/4 ton used by the occupants
of the premises, and may include space for not more than one passenger
vehicle used by others.
Any area of land, including structures thereon, that is used
for the sale of gasoline, other motor vehicle fuel, oil or other lubricating
substances or motor vehicle accessories and which may or may not include
facilities for lubricating, washing or otherwise servicing motor vehicles,
but not including the painting thereof or the storage of vehicles
for any purpose other than servicing with fuel, lubricants, antifreeze,
tire repair and other emergency repairs of a temporary nature.
A building containing sleeping rooms in which lodging is
provided primarily for transient guests for compensation and which
may include public dining facilities.
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, stored, baled, packed, disassembled,
handled or abandoned; but not including pawnshops, antique shops,
establishments for the sale, purchase or storage of used furniture,
household equipment, clothing, used motor vehicles capable of being
registered or machinery to be reused for the purpose for which originally
manufactured.
An establishment for the breeding, treatment, keeping, harboring
or care of 10 or more dogs and/or cats for commercial purposes.
[Amended 11-5-1997 by L.L. No. 2-1997]
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, and 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.
A lot at the junction of and fronting on two or more intersecting
streets.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
Where a lot abuts upon only one street, the street line shall
be the "front lot line." Where a lot abuts upon more than one street,
the assessment roll of the Town of North Collins shall determine the
"front lot line."
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 10 feet
in length, entirely within the lot, parallel to and most distant from
the front lot line.
The property lines bounding a lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
Any lot line which is not a front lot line or a rear lot
line.
A lot in which the front lot line and rear lot line abut
a street.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such lot or at a distance from the front lot line equal
to the required depth of the front yard.
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," "auto courts" and similar appellations.
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 use is located either at the effective date of this
chapter or as a result of subsequent amendments thereto.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
Any garage other than a private garage and which is used
for storage, repair, rental, greasing, washing, servicing, adjusting
or equipping of automobiles or other motor vehicles.
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.
The least horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
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. A "sign" shall not include a similar structure
or device located within a building except for illuminated signs within
show windows. A "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.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same zoning lot.
Any moving or animated sign or any illuminated sign on which
the artificial or reflected light is not maintained stationary and
constant in intensity and color at all times when in use. Any revolving
illuminated sign shall be considered a "flashing sign."
Any sign designed to give forth any artificial light or designed
to reflect light from one or more sources, natural or artificial.
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is no floor
above it, then the space between any floor and the ceiling next above
it. A basement shall be counted as a "story" for purposes of height
measurement if the ceiling is more than five feet above the average
adjoining ground level or if used for business or dwelling purposes.
HALF-STORYA story under a sloping roof having a ceiling height of seven feet or more for an area not exceeding 1/2 the floor area of the next lower full story in the building.
Any road, avenue, lane, alley or other way which is an existing
public way or which is shown on an approved plat or any private right-of-way
or easement approved by the Town Board.
A line separating a lot from a street. In any case where
a future street line has been established or approved by the Town
Board, such future street line shall be considered as a "street line"
for the purposes of determining lot area and setback requirements.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
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.
That portion of a lot extending open and unobstructed from
the ground upward along a lot line.
A yard extending the full length of the front lot line between
side lot lines. The front yard depth of a lot located on a curve shall
be measured from the cord connecting the arc of the front lot line.
That portion of a rear yard of a through lot extending along
a street line and from the street line for 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.
On an interior lot, a yard extending for the full length
of the rear lot line between side lot lines; on a corner lot, a yard
extending along a rear lot line between an interior side line and
a side yard which abuts a street.
A yard having a depth or width set forth in the applicable
district regulations. Such depth or width shall be measured perpendicular
to lot lines.
A yard extending along a side lot line from the required
front yard to the required rear yard, except that on a corner lot
where the side lot line abuts a street, the side yard shall extend
from the required front yard to the rear lot line.
EXTERIOR SIDE YARDA side yard extending along a street line.
INTERIOR SIDE YARDA side yard extending along a lot line of an adjoining lot.
