Pursuant to the authority conferred by Article
7 of the Village Law of the State of New York, the Village Board of
the Village of LeRoy hereby adopts and enacts as follows.
This chapter shall be known as the "Zoning Law
of the Village of LeRoy."
A.Â
The purposes of this chapter and zoning districts
as outlined on the Zoning Map are to provide for orderly growth and
development, to lessen congestion in streets, to secure safety from
fire, flood and other dangers, to provide adequate light and air,
to prevent overcrowding, to avoid undue concentration of population,
to conserve, enhance and perpetuate special historic sites, places
and buildings, to facilitate the adequate provision of transportation,
sewer, sewerage, schools, parks and other public requirements, and
to promote the health, safety, morals or general welfare of the public.
B.Â
This chapter has been made with reasonable consideration,
among other things, to the character of each district and its peculiar
suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most appropriate use of land.
A.Â
No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this chapter, with the exception of the performance
of necessary repairs which do not involve material alteration of structural
features, and/or plumbing, electrical or heating/ventilation systems.
Such necessary repairs shall include, for example, the replacement
of siding and roofing materials. No building, structure or premises
shall be used, and no building or other structure shall be erected
which is intended, arranged or designed to be used for any trade,
industry, business or purpose of any kind that is noxious or offensive
by reason of the emission of odor, dust, refuse matter, garbage, smoke,
fumes, gas, noise or vibration, or that is dangerous to the comfort,
peace, enjoyment, health or safety of the community, or tends to its
disturbance, inconvenience, discomfort or annoyance.
B.Â
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection and promotion of the public health, safety, morals and
general welfare. This chapter shall not be deemed to affect in any
manner whatsoever any easements, covenants or other agreements between
parties; provided, however, that where this chapter imposes a greater
restriction upon the use of buildings or land, or upon the creation,
erection, construction, establishment, moving, alterations or enlargement
of buildings, than are imposed by other ordinances, rules, regulations,
licenses, certificates or other authorizations or by easements or
covenants or agreements, then the provisions of this chapter shall
prevail.
C.Â
This chapter shall not apply to uses which were legal,
prior, existing, nonconforming uses as defined herein.
D.Â
Nothing herein contained shall require any change
in plans or construction of a building for which a building/zoning
permit has been issued.
E.Â
All buildings under construction at the time this
chapter is adopted shall conform to the zoning ordinance in effect
at the time construction was commenced.
No provision of this chapter shall be construed
to repeal, modify or constitute an alternative to the New York State
Uniform Fire Prevention and Building Code (hereafter referred to as
the "Uniform Code"). Village residents and other individuals using
these zoning regulations should make sure they refer to the Uniform
Code in order to determine its applicability to their specific project.
Village residents and other individuals using
this chapter should determine if local historic preservation regulations
apply to their specific project.
A.Â
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future tense, and the plural
includes the singular; the word "lot" includes the word "plot;" the
word "buildings" includes the word "structure;" the word "shall" is
always mandatory; the words "occupied" or "used" shall be construed
to mean and shall be considered as though followed by the words "or
intended, arranged or designed to be used or occupied."
B.Â
ACCESSORY USE
ADULT CARE
ADULT-CARE FACILITY
ALLEY
ALTERATION
AMUSEMENT
BED-AND-BREAKFAST
BOARDINGHOUSE
BUFFER ZONE
BUILDING
BUILDING ACCESSORY
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, TEMPORARY
CERTIFICATE OF COMPLIANCE
CLUB MEMBERSHIP
COMMUNITY CENTER
COMMUNITY RESIDENCE
CONVALESCENT HOME, NURSING HOME OR EXTENDED CARE FACILITY
COVERAGE
DAY CARE OF CHILDREN
DAY-CARE CENTER OR FACILITY
DEVELOPMENT
DRIVE-IN SERVICE
DWELLING
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, MULTIFAMILY
DWELLING UNIT
EDUCATIONAL INSTITUTION, PRIVATE
FACTORY-MANUFACTURED HOME OR MODULAR HOME
FAMILY
FAMILY DAY-CARE HOME
FAMILY-TYPE HOME
FARM ANIMALS
FLOOR AREA OF A BUILDING
FLOOR, LOWEST
FRONTAGE
GAME ROOM
GARAGE, PRIVATE
GARAGE, PUBLIC
GASOLINE STATION
GASOLINE STATION-MARKET
HABITABLE FLOOR AREA
HOME OCCUPATION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
[1]Â
[2]Â
[3]Â
(e)Â
(2)Â
(3)Â
HOSPITAL
HOSPITAL, ANIMAL
JUNK
JUNKYARD
KENNEL
LAUNDROMAT
LOT
LOT AREA
LOT CORNER
LOT DEPTH
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
LOT WIDTH
MOBILE HOME
MOBILE HOME PARK
MOTEL or HOTEL
MOTOR VEHICLE REPAIR SHOP
NONCONFORMING USE
NURSING HOME or CONVALESCENT HOME
OWNER
PARKING SPACE
PLANNING BOARD
POULTRY
RECREATION, INDOOR
RECREATION, OUTDOOR
RECREATION VEHICLE
RELIGIOUS INSTITUTION
RETAIL STORE OR SERVICE
SCHOOL
SELF-SERVICE STORAGE FACILITY
SIGN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
SIGN DIRECTORY
SIGN STRUCTURE
SIGN SURFACE AREA
SITE PLAN
SPECIAL USE
STREET
STREET LINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
SWIMMING POOL
TRAILER
UTILITY, PUBLIC
VETERINARY FACILITY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING PERMIT
The following terms are specifically defined. As used
in this chapter, the following words shall have these meanings:
Use of buildings customarily incidental and subordinate to
the principal use or buildings and located on the same lot.
The provision of temporary or long-term residential care
and services to adults who, though not requiring continual medical
or nursing care as provided by facilities licensed or operated pursuant
to Article 28 of the Public Health Law or Articles 19, 23, 29 and
31 of the Mental Hygiene Law, are by reason of physical or other limitations
associated with age, physical or mental disabilities or other factors
unable or substantially unable to live independently.
[Added 5-27-1998 by L.L. No. 1-1998]
A facility, other than a family-type home, which provides
adult care. For the purposes of this chapter, an adult-care facility
shall include the following: adult home, enriched housing program,
residence for adults, shelter for adults, public home and private
proprietary adult-care facility, as defined by New York State Department
of Social Services Chapter II, Subchapter D, Part 485.
[Added 5-27-1998 by L.L. No. 1-1998]
Narrow supplementary thoroughfare for the public use of vehicles
or pedestrians, affording access to abutting property.
Structural change, rearrangement, change of location, addition
to or deletion from a building, other than repair and modification
in building equipment systems (i.e. heating, cooling, electrical,
etc.).
Any mechanical, electric or electronic device used or designated
to be operated for entertainment or as a game by the insertion of
a coin, slug, token, plate, disc, key or any other article into any
slot, crevice or other opening or by paying money to have it activated.
Not included are rides, bowling alleys, any devices maintained within
a residence for use of occupants thereof and their guests, any gambling
devices or jukeboxes.
An owner-occupied one-family dwelling in which a room or
rooms are rented on a nightly basis for periods of less than two weeks.
Meals may or may not be provided.
Owner-occupied dwelling wherein more than two people are
sheltered for profit for periods of more than two weeks in other than
a one-family dwelling.
A continuous strip of trees and/or shrubs not less than 15
feet in depth and not less than six feet in height densely planted
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, smoke, noise or other noxious or objectionable elements. This
requirement may be modified by the Planning Board through the site
plan review process.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
A building, subordinate to the principal building on the
lot and used for purposes customarily incidental to that of said main
building.
The line of that face of the building nearest the street
line, or if there are street lines on two or more sides of the building,
it is the line of that face of the building frontage on that street
line where the principal entrance is located. This face includes covered
porches, whether enclosed or unenclosed, but does not include steps.
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.
A building or structure erected, constructed or placed upon
the premises to exist there for a brief or temporary duration of time,
not exceeding 12 months. All other buildings or structures shall be
deemed and considered as permanent for the purposes of this chapter.
A certificate issued by the Zoning Officer upon completion
of construction, alteration or change in occupancy or use of a building
or land. Said certificate shall acknowledge compliance with all of
the requirements of this chapter only and such adjustment thereto
granted by the Board of Appeals and/or the Planning Board.
A group of persons organized in accordance with the Not-For-Profit
Corporation Law for social and/or recreational purposes (example:
fish and game clubs).
Any meeting hall, place of assembly, museum, art gallery
or library, not operated primarily for profit.
A supervised community home, operated in compliance with
the New York State Mental Hygiene Law, which houses not more than
14 individuals and provides client supervision on a twenty-four-four
basis. For the purposes of this chapter, an approved community residence
as defined herein is considered a one-family dwelling.
See "hospital."
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
Care provided for three or more children away from their
own homes in a day-care center, family day care or group-family day
care as defined in New York State Department of Social Services regulations.
Such care shall be for more than three hours and less than 24 hours
per day per child to any child accepted for care therein. The term
"day care of children" includes services provided with or without
compensation or payment.
A place, person, association, corporation, institution or
agency which provides day care, as defined by the New York State Department
of Social Services, and in which parents, guardians, or others responsible
for care, place children. Day-care centers shall not include family
day-care homes or group-family day-care homes as defined herein. The
name, description or form of the entity which operates a day-care
center shall not affect its status as a day-care center.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, utilities,
mining, dredging, filling, gradings, paving, excavation or drilling
operations, which would lead to increased flood damage, excluding
normal maintenance to farm roads.
Building or use where a product is sold to, or a service
performed for, customers while they are in or near their motor vehicles,
including but not limited to fast-food restaurants, drive-up bank
tellers, film-processing service booths, etc.
A detached building designed or used exclusively as living
quarters for one or more families; the term shall not be deemed to
include automobile court, motel, boarding- or rooming house, mobile
home, recreation vehicle, tourist home or tent.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
A dwelling containing three or more dwelling units.
A building, or portion thereof, providing complete housekeeping
facilities for one family.
Any nonpublic school or other organization or institution
conducting a regularly scheduled curriculum of study similar to that
of the public schools and operated under the Education Law of New
York State and recognized by the appropriate educational authorities.
A factory-manufactured home incorporates structures or components
designed for residential occupancy, 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 is intended
for permanent installation on a building site. Such home shall be
constructed and installed in accordance with the requirements of Subchapter
B of the State Fire Prevention and Building Code and shall bear an
insignia of approval issued by the State Fire Prevention and Building
Code Council. Factory-manufactured homes shall be deemed to be one-
or two-family or multiple dwellings.
One or more persons who live together in one dwelling unit
and maintain a common household. Family may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption, and may also include domestic servants and gratuitous
guests.
Day care of not more than six children provided in an individual's
own home. For the purposes of this chapter, a family day-care home
shall be considered an accessory use to a family dwelling unit.
Adult care operated and provided for the purpose of providing
long-term residential care, room, board and personal care and/or supervision
to four or fewer adult persons unrelated to the operator. For the
purposes of this chapter, a family-type home shall be considered a
home occupation.
[Added 5-27-1998 by L.L. No. 1-1998]
Animals other than those customarily kept as domestic household
pets.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
basement or cellar floor areas and not devoted to habitable use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
Lowest level, including basement, cellar, crawl space or
garage, of lowest enclosed area.
The extent of a building or a lot along one public street
as defined herein.
A building or place containing five or more amusement games
as defined herein. (See "amusement.")
An enclosed 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.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, adjusting or equipping of automobiles or other
motor vehicles.
Any building or land or any part thereof used for sale of
motor fuel, oil and motor vehicle accessories and which may include
facilities for lubricating, washing or servicing vehicles, but not
including painting or body repairs.
A gasoline station which provides one or more additional
commercial services, such as a restaurant, dairy bar, beverage market
or food market, or such a commercial use which also provides for gasoline
sales. For the purpose of this definition, sales from vending machines
are not considered service.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation or combination thereof. A
floor used only for storage purposes is not "habitable."
An occupation or profession, including a family-type
home as defined herein, which is customarily carried on in a dwelling
unit, and is carried on by a member of the immediate family residing
in the dwelling unit, and is clearly incidental and secondary to the
use of the dwelling unit for residential purposes, and which conforms
to the following additional conditions and has an approved site plan:
[Amended 5-27-1998 by L.L. No. 1-1998]
The occupation or profession is carried on wholly
within the principal building and is limited to 25% of the enclosed
living area or 500 square feet, whichever is less. Storage may take
place in an accessory building, but not outside.
No more than one person outside the immediate
family is employed in the home occupation.
There is no exterior display, no freestanding
sign, no attached exterior sign that is larger than two square feet,
no exterior storage of materials and no exterior indication of the
home occupation or variations of the residential character of the
principal building.
No offensive noise, vibration, smoke, dust,
odors, heat or glare is produced, nor does the home occupation result
in:
Dissemination of noise, vibration, odor, dust,
smoke, observable gas or fumes or other atmospheric pollutant beyond
the boundaries of the immediate site of the building in which such
use is conducted.
Hazard or fire explosion or other physical hazard
to any person, building or surrounding environment.
Radiation or interference with radio or television
reception beyond the boundaries of the immediate site of the building
in which such use is conducted or the testing of material or instruments
in such manner as to constitute a public nuisance.
Adequate parking is provided as set forth in § 215-42.
In particular, a home occupation may include,
but is not limited to, the following: group-family day care, bed-and-breakfast,
art studio, barber shops and beauty parlors (when limited to two work
stations), cook, day nursing, draftsman, dressmaker, electrical/radio/television
repair, family day-care home, laundering, musician, photographer,
professional office of a physician, dentist, lawyer, engineer, architect
or accountant, upholsterer, teaching or tutoring or real estate offices,
within a dwelling occupied by the same.
However, a home occupation shall not be interpreted
to include the following: motor vehicle repair shop, machine shop,
welding and fabrication shop, commercial stables and kennels, restaurants.
Hospital, sanitarium, clinic and any place for diagnosis
and treatment of human ailments, except a doctor's office.
[Amended 5-27-1998 by L.L. No. 1-1998]
An establishment for the medical and/or surgical care of
sick or injured animals.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste or junked, scrapped, ruined, dismantled
or wrecked motor vehicles or parts thereof, iron, steel and other
old or scrap ferrous or nonferrous material, tires, lumber, pallets
and other wood debris.
Outside storage or deposit, whether in connection with another
business or not, where one or more unregistered, old or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles and/or
or material defined as junk by this chapter which, taken together,
equal in volume 100 cubic feet; a junkyard shall include any land
or structure used for collecting, storage, sale or disposal of junk,
scrap metal or other discarded materials. Not included are motor vehicles
intended, maintained and used on a seasonal basis (i.e. motorcycles
and winter or summer cars).
Any building or land or part thereof used for harboring three
or more dogs over six months old.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Land occupied or which may be occupied by a building and
its accessory uses, together with required open space, having not
less than minimum area, width and depth required for a lot in the
district in which such land is situated and having frontage on a street,
or other means of access as may be determined by the Planning Board
to be adequate as a condition for issuance of a zoning permit.
Total area within property lines.
A lot located at the junction of and fronting on two or more
intersecting streets. (Also see definition of "lot line, front.")
Mean horizontal distance from street right-of-way line of
the lot to its opposite rear line, measured at right angles to building
line.
In the case of a lot abutting upon only one street, the line
separating the lot from the street right-of-way; in the case of a
lot abutting more than one street, each street line shall be considered
a front lot line.
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less then 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line
to the rear lot line.
The property lines bounding a lot, as defined herein.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
A structure, whether occupied or not, transportable in one
or more sections, which is built on a permanent chassis and designed
to be used as a dwelling unit, with or without a permanent foundation
when connected to the required utilities. For the purpose of this
chapter, an unoccupied mobile home shall be considered the same as
an occupied unit.
A parcel which has been improved for the rental or lease
of two or more lots and the provision of services for mobile homes
for nontransient residential use.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room may be provided within the building or in
an accessory building.
Any building or structure used for repair and servicing of
motor vehicles for profit or as part of a commercial operation.
A use of a building or of land that does not conform to the
regulations as to use and area in the district in which it is situated,
which was lawful under any applicable preceding ordinances or laws
at the time the use was established, or, if established before 1952,
was lawful before such date, and in either event has not been extended
after becoming a nonconforming use or otherwise been rendered an illegal
use pursuant to provisions of any prior law or ordinance.
See "hospital."
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek development
of land.
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet and an
area of not less than 200 square feet, exclusive of passageways and
driveways, and having direct usable access to a street.
That board appointed by the Village Board to carry out the provisions of New York Village Law and § 215-15 of this chapter.
Domestic fowls, including chickens, turkeys, geese, and ducks.
[Added 1-27-2021 by L.L.
No. 2-2021]
Includes, but is not limited to, bowling alley, theater,
table tennis, pool hall, skating rink, gymnasium, swimming pool, hobby
workshop, arcade and similar places of indoor recreation.
Includes, but is not limited to, golf courses, golf driving
range, trap, skeet, and archery range, swimming pool, skating rink,
riding stable, tennis court, recreation stadium, skiing facility,
hunting preserve and similar places of outdoor recreation.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and is primarily designed as
temporary living accommodation for recreation, camping and travel
use and including, but not limited to, travel trailers, truck campers,
camping trailers and self-propelled motor homes.
Church, temple, parish house, convent, seminary and retreat
house.
Enclosed store for sale of retail goods and services, including
but not limited to the following: barber, beauty, dry clean, personal
service shop, department store and restaurant/tavern. Retail store
or service shall not be interpreted to include the following: drive-up
service, freestanding retail stand, gasoline station, gasoline station-market,
motor vehicle repair service, new and used car sales and service,
trailer and mobile home sales and service.
Parochial, private and public school, college, university
and accessory uses operated under the Education Law of the State of
New York and recognized by the appropriate educational authorities
and shall exclude commercially operated schools of beauty, culture,
business, dancing, driving, music and similar establishment.
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self-service
storage facility.
Any material, structure or device, or part thereof, composed
of lettered 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 persons
or business or cause when such is placed in view of the general public.
AWNING SIGNAny visual message incorporated into an awning attached to a building.
COPY-CHANGE SIGNA sign on which the visual message may be periodically changed.
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
FREESTANDING SIGNAny 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.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.
OFF-PREMISE SIGNA sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
PORTABLE SIGNA sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
PROJECTING SIGNA sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.
REPRESENTATIVE SIGNA three-dimensional sign built so as to physically represent the object advertised.
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 30 days.
WALL SIGNA sign which is painted on or attached to the outside wall of a building 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.
WINDOW SIGNA sign visible from a sidewalk, street 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.
A listing of two or more business enterprises, consisting
of a matrix and sign components.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides or the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
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.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A specifically designed use that would not be appropriate
generally or without restrictions throughout the zoning district but
which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare.
Public way for vehicular traffic which affords principal
means of access to abutting properties.
Right-of-way line of a street as dedicated by a deed of record.
If no such deed exists, then by any other record establishing such
right-of-way line of a street.
A combination of materials to form a construction for use,
occupancy or ornamentation, including but not limited to buildings,
mobile homes, towers, wind energy conversion systems (WECS), antennas,
satellite dishes, or gas or liquid storage tanks, that are principally
above ground.
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.
For the purpose 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 structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alternation of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
A structure or receptacle for water having a depth greater
than one foot, used for swimming, and shall exclude portable plastic
pools designed to hold less than 100 gallons.
Any vehicle which may be towed and used for carrying or storing
goods, equipment, machinery, construction materials, snowmobiles,
boats, all-terrain cycles (ATC's), motor vehicles or as a site office.
Any person, firm, corporation or governmental subdivision
duly authorized to furnish to the public, under public regulation,
electricity, gas, water, sanitary sewers, storm sewers, steam, telephone,
telegraph or cable television.
Any structure or premises in which animals are kept, boarded,
bred or trained for commercial gain.
An unoccupied space, open to the sky, on the same lot with
the building and structure.
An open unoccupied space on the same lot with the building,
situated between the front line of the building and the street line
and extending the full width of the lot.
The area of the lot extending across the entire rear of the
lot, bounded by the real property lot line and the rear building line
and between the two side lot lines.
The area between the side building line and the related side
lot line and between the front yard and the rear yard.
That board appointed by the Village Board specifically to
hear all appeals as provided by these regulations and other duties
specifically set forth in this chapter or as assigned to it by the
Village Board.
A document signed by the Zoning Enforcement Officer, as required
by this chapter, as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, restoration, alteration,
conversation or installation of a structure or building.