[Amended 1-21-1980 by L.L. No. 1-1980; 12-15-1980 by L.L. No. 13-1980; 11-15-1982 by L.L. No. 8-1982; 10-21-1985 by L.L. No. 9-1985; 11-27-1987 by L.L.
No. 13-1987; 12-21-1987 by L.L. No. 14-1987; 5-17-1993 by L.L. No. 3-1993; 7-21-1997 by L.L. No. 5-1997; 7-18-2000 by L.L. No. 4-2000; 3-19-2001 by L.L. No.
3-2001; 3-19-2001 by L.L. No. 4-2001; 10-18-2004 by L.L. No. 2-2004; 2-20-2007 by L.L. No. 1-2007; 2-22-2011 by L.L. No. 1-2011; 8-15-2016 by L.L. No. 6-2016; 4-15-2019 by L.L. No. 5-2019]
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
Products planted in and springing directly from the soil.
As applied to a building or structure, any change or rearrangement
of the structural parts of a building or structure which shall include
changes or rearrangement of the interior and exterior of such building
or structure; extension on any side or increase in height of any such
building or structure; and moving from one location to another. It
does not include ordinary repairs.
The aggregate of the maximum horizontal cross-sectional area
of the buildings on a lot, excluding cornices, eaves, gutters or chimneys,
projecting not more than 18 inches, steps, one-story open porches,
bay windows, not extending through more than one story and not projecting
more than five feet, balconies and terraces.
Computed by combining the visible exterior dimensions of
length, width and height from the mean grade of all dwellings and
other buildings located on a lot, including roofed-over areas, whether
enclosed or unenclosed, and all dormers, except that only 50% of the
volume that is under the roof and above the bottom of the roof soffit
shall be included, but in no case shall the fifty-percent reduction
in volume apply to that portion of a structure between mean grade
and 10 feet zero inches above grade. In addition, any unenclosed area
under a roof overhang which extends no more than four feet beyond
the face of an exterior wall shall not be included in computing building
volume. Mean grade shall be determined at various sections of each
building in the discretion of the Building Inspector, based upon exterior
visibility.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
An open, unoccupied space other than a yard on the same lot
as a building. A court or offset, shallower than the width of its
open side, shall be considered to be a part of the open space on which
it abuts.
The distance which it projects into the building from the
outer wall thereof. The width of an outer court is its other horizontal
dimension.
The mean distance from the line from which the front yard
depth is measured to the rear lot line, measured in the general direction
of the side lines of the lot.
The distinct variety of treatment, such as fenestration and
materials of fenestration, roof lines and materials of weather roofing,
treatment of entrance, entries to garage, orientation of buildings
to plot, exterior colors and materials, cornice treatment, style of
architecture, dormers and their roof treatment, the varied uses of
trellises, pergolas, sun screens and terraces, the use of cupolas,
dovecotes, blinds, pitch of roof line and multiple stories.
Any number of individuals related by blood,
marriage, legal adoption or guardianship, along with nonpaying guests
and servants living together and sharing meals in a domestic relationship
as a single housekeeping unit; or a group of persons occupying a dwelling
unit and living together and sharing meals in a domestic relationship
as a traditional family or the functional and factual equivalent of
a traditional family.
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
and factual equivalent of a traditional family.
In determining whether individuals who are living
together are the functional and factual equivalent of a traditional
family, the following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit.
The group shares the entire dwelling unit and
live and cook together as a bona fide single housekeeping unit. A
unit in which the various occupants act as separate roomers shall
not be deemed to be occupied by the functional and factual equivalent
of a traditional family.
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses.
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools.
Members of the household have the same address
for the purposes of voter's registration, driver's license, motor
vehicle registration and taxes.
Members of the household are employed in the
area.
The group has been living together as a unit
for a year or more whether in the current dwelling unit or other dwelling
units.
Common ownership of furniture and appliances
among the members of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether
or not the group is the functional and factual equivalent of a family.
Any parcel of land containing 10 acres or more which is used
for gain in the raising of agricultural products and/or purebred cattle,
with incidental livestock and poultry. It includes necessary farm
structures within the prescribed limits and the storage of equipment
used. It excludes, among other things, the raising of fur-bearing
animals, riding academies, boarding stables and the principal use
of dog kennels, poultry raising and dairying.
The street line, except where the length of the street line
is less than the minimum required lot width, in which case the front
line shall be a line approximately parallel to the street line, equal
in length to at least the minimum required lot width and completely
contained within the lot.
A yard across the full width of the lot extending from the
front wall of the main building to the front line of the lot. The
minimum depth of a front yard, as required for the district in which
the lot is located, shall be met from all street lines of the lot.
[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]
The vertical distance, measured, in the case of flat roofs,
from the curb level, where it has been established in business districts,
to the highest point of the roof at the street wall or, in other cases,
the vertical distance from the mean level of the ground surrounding
the building to the highest point of the roof at the street wall.
In the case of pitched roofs, it is measured to the top of the highest
ridge.
Any sign which gives forth artificial light by electricity,
gas or phosphorescent light from a source of light connected to the
sign or part of the sign structure.
An open, unoccupied space on the same lot with the building,
not extending to either the street or the rear yard.
A lot other than a corner lot.
A portion or parcel of land considered as a unit devoted
or to be devoted to a certain use or occupied or to be occupied by
one main or principal building and accessory buildings and uses customarily
incident to it, including such open spaces as are required by this
chapter and such open spaces as are used or to be used in connection
with such buildings.
The area of the lot shall be measured only to the street
line or lines on which the lot abuts.
The area of the lot shall be measured only to the street
line or lines on which the lot abuts or to the line of a right-of-way,
as defined in this section, on which the lot abuts; it shall not include:
Any area lying within or on the opposite side
of any such street or right-of-way.
In BB Residence Districts, any area where the
width of the lot is less than 100 feet.
In B Residence Districts, any area where the
width of the lot is less than 75 feet.
In A Residence Districts, any area where the
width of the lot is less than 30 feet.
In B-4 Residence Districts, any area where the
width of the lot is less than 150 feet.
In all residence districts, any area on which
a pond is situated to the extent that the portion underwater, measured
at the high-water mark, exceeds 10% of the minimum area for the district
in which the lot lies.
A building designed for occupancy by two or more families,
living independently of each other.
One that does not conform with the regulations of the use
district in which it is situated.
Any building or structure other than a residence building.
A building or property whose principal purpose and use is
as a not-for-profit place of education providing regular instruction
for at least five days each week and for at least seven months of
each year, and having a curriculum approved by the Board of Regents
or the New York State Education Department (but not including a school
or college giving special or limited instruction, e.g., a business,
art, music, dancing, automobile or riding school).
The cultivation of fruit trees, young trees and shrubs.
An open, unoccupied space on the same lot with a building,
extending to either the street or the rear yard.
A type of roof, or portion thereof, where the sides of the
roof meet at a ridgeline.
A building or property whose principal purpose and use is
as a place of prayer, together with such other uses of a minor nature
which are clearly and customarily incidental and accessory to the
prayer use and are specifically permitted by the Village Board of
Trustees in connection with the issuance of the special exception.
A building used for the storage of one or more automobiles
or trucks owned and used by the owner or tenant of the lot on which
it is erected for a purpose accessory to the use of the lot and for
the storage of not exceeding two additional automobiles (not trucks)
owned or used by others for a similar purpose if they are stored in
the same room in which the automobile or automobiles of the owner
or tenant are stored.
A building, other than a private garage, one or more stories
in height, used for the storage or repair of automobiles.
A yard across the full width of the lot from the rear wall
of the main building to the rear line of the lot.
A use of building or property whose principal purpose is
prayer or worship.
Any house or building or portion thereof which is occupied
in whole or in part as a home, residence or sleeping place for one
or more persons.
Includes a lane or alley and means an area of an owner's
land over which another person or another owner or owners of land,
their vehicles, their animals, their guests, tradesmen and servicemen
and their vehicles, any of the foregoing singly or in any combination
thereof, has the right to pass or repass. It shall not include water,
gas, electrical and telephone line easements for service to the owner's
land.
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
A dwelling designed for and to be occupied exclusively as
a home or residence for not more than one family.
The dividing line between the street and the lot.
Any combination of materials forming any construction and
including, but not limited to, among other things, satellite antennas,
solar heating devices, tennis courts, stadiums, tents, trailers (whether
movable or stationary), reviewing stands, platforms, porches, staging,
observation towers, radio and television towers and antennas, gasoline
pumps, wells, standpipes, outside bins, pools, man-made ponds, man-made
waterfalls, walls, fences, trellises, pergolas, gates and gateposts,
signs, transmission lines, towers and poles. The word "structure"
shall be construed as though followed by the words "or part thereof."
A building designed for and to be occupied exclusively as
a home or residence for not more than two families.
The interior portion of a building designed for living, including closet space; it shall not include the outside walls, attic space, unfinished and used for storage only, or, if accessible only by a ladder or pulldown stairs, attached or built-in garage space, open or enclosed unheated porches and terraces. In the basement it shall be construed to mean all finished floor area, complying with § 216-117, not more than four feet below the average adjoining finished grade of the ground adjoining the building, having clear headroom of 7 1/2 feet or over; on the first floor it shall be construed to mean all finished floor area having clear headroom of 7 1/2 feet or over, including partitions and stairwells; on the second floor, all finished floor area having clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet with the side wall not less than 5 1/2 feet in height, including partitions and stairwells.
The mean distance between the side lines of the lot, measured
perpendicular to the lot depth, between the lot line from which the
front yard depth is measured and the rear line of the lot.
An open, unoccupied space on the same lot with the main building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
A.Â
Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "lot" includes the word "plot"; and the word "building" includes
the word "structure.
B.Â
For the purpose of these regulations, each of the
independent units into which a building is divided by party walls
shall be regarded as separate buildings.
