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Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A. 
Words used in the present tense shall include the future. The singular number includes the plural, and the plural the singular.
B. 
The word "person" includes a corporation as well as an individual.
C. 
The word "building" includes the word "plot" or "parcel."
D. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "built, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALLEY
A service way which affords a secondary public means of vehicular access to abutting property.
AREA, BUILDING
The total ground area of a principal building and accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
BASEMENT
A space of full story height partly below grade and having at least half of its clear floor-to-ceiling height above the average grade of the adjoining ground and which is not designed or used primarily for year-round living accommodations.
BUILDING
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate "building."
BUILDING FLOOR AREA
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
BUILDING, HEIGHT OF
Vertical distance measured from curb to grade level to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, penthouses and similar constructions enclosing equipment or stairs, provided that they are less than 12 feet in height and do not occupy more than 30% of the area of the roof upon which they are located.
BUILDING LINE
A line established by law or by agreement, usually parallel with a property line, beyond which a structure may not extend.
CELLAR
That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
DWELLING, MULTIPLE-FAMILY
A building or group of buildings designed for year-round occupancy by more than three families, including apartment houses and group houses, but excluding hotels and rooming houses.[1]
DWELLING, ONE-FAMILY
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by one family only.
DWELLING, TWO-FAMILY
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by two families living independently of each other.
DWELLING UNIT
One or more rooms with provision for living, sanitary and sleeping facilities arranged for the use of one family.
FACTORY-MANUFACTURED HOME
That which incorporates structures or components designed for residential occupancy which are constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and which is intended for permanent installation on a building site.[2]
FAMILY
Any number of persons of recognized family relationship maintaining a common household, including domestic help.
FARM
A parcel or tract of land which is used for the production or raising of agricultural products, except where such production is an accessory and noncommercial garden to a principal residential use on the same lot, but not including kennels nor the raising of poultry, fur-bearing animals, hogs or goats.
GARAGE, PRIVATE
A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
A building or part thereof used for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, operated for gain.
GARAGE, STORAGE
A building or part thereof used only for the storage of vehicles for gain and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
GASOLINE STATION
Any area of land, including structures thereon, that is used or designated to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubrication washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include filling station and service station.[3]
HOME OCCUPATION
Any personal or professional service customarily conducted entirely within a dwelling and carried on only by resident members of the family, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof and in which there is kept no stock-in-trade.
HOSPITAL
A building or structure for the diagnosis and medical or surgical care of human sickness or injuries.
HOTEL
A building or group of buildings where transient guests are lodged for hire, including motels but excluding rooming houses.
JUNKYARD
A lot, land or structure or part thereof used for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles and for the sale of the parts thereof.
LAUNDERETTE
A business premises equipped with individual clothes washing or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential hotel or club.
LOT
A parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory buildings or uses or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter and having its principal frontage on a public street or an officially approved place.
LOT, AREA
The total horizontal area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
LOT, CORNER
A lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of intersection of less than 135°.
LOT, DEPTH
The mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
A lot having frontage on two approximately parallel or converging streets other than a corner lot.
LOT, WIDTH
The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
MOBILE HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.[4]
MOBILE HOME PARK OR COURT
A parcel of land which has been planned and improved for the placement of two or more mobile homes for nontransient use.
MOTEL
See "hotel."
NONCONFORMING USE
Use of a building or of land that does not comply with the regulations for the district in which it is situated.
NURSERY SCHOOL
Facilities for the daytime care or instruction of two or more children from two to five years, inclusive, and operated on a regular basis.
NURSING OR CONVALESCENT HOME or HOME FOR THE AGED
A building used for the accommodation and care of persons with or recuperating from illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.
ROOMING HOUSE (TOURIST HOME)
A dwelling where transient guests are lodged for hire.
SIGN
Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business, but not including any flag, badge or insignia of any government or government agency, school or religious group or of any civic, charitable, religious, patriotic, fraternal or similar organization nor any official traffic-control device. Each display surface shall be considered to be a "sign."
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed and only incidentally on the premises if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted or a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed to be a business sign.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when such sign is in use. For the purpose of this chapter, any revolving or illuminated sign shall be considered a "flashing sign."
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire or sale.
STABLE, PUBLIC
An accessory building in which horses are kept for remuneration, hire or sale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF
That part of a building between a pitched roof and the uppermost full story and having a floor area at least half as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.
STREET
A public or private way which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
THEATER, OUTDOOR
An open lot or part thereof with its appurtenant structures and facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.
TOURIST HOME (ROOMING HOUSE)
A dwelling where transient guests are lodged for hire.
TRAILER
A mobile unit designed for camping, recreational travel or vacation use which is equipped with a chassis and provides partial housekeeping facilities such as plumbing, heating, electrical, cooking or refrigeration systems or equipment.
TRAILER CAMP
An area occupied or designed for occupancy by two or more trailers.
VARIANCE, AREA
The 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 the applicable zoning regulations.[5]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.[6]
YARD, FRONT
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the main building projected to the side lines of the lot.
YARD, REAR
A space on the same lot with a main building, open and unoccupied except for accessory buildings, extending the full width of the lot and situated between the rear line of the main building projected to the side lines of the lot and the rear line of the lot.
YARD, SIDE
An open unoccupied space on the same lot with a main building, situated between the side line of the main building and the adjacent side line of the lot and extending from the front yard to the rear yard.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[3]
Editor's Note: The former definition of "hog farm," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[4]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[5]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[6]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.