As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A structure detached from a principal building on the same
lot and whose use is customarily incidental and subordinate to the
principal building or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
Extension or increase in area or height of a building.
An office where no merchandise is sold or exhibited.
Residential facilities for adults where minimal medical care
and personal hygiene are provided to residents on a twenty-four-hour
basis for persons, who, by reason or limitations associated with age
or physical disabilities, are unable to live independently. (See also
"family-care facility.") There are two types of adult residential
care facilities:
A public way affording a secondary means of vehicular access
to abutting property and not intended for general traffic circulation.
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment.
The sum of the gross horizontal area of the several floors,
including basement, of a building and its accessory buildings on the
same lot, and including the area of roofed porches and roofed terraces.
All dimensions shall be measured from the exterior faces of exterior
walls.
A type of retail use devoted principally to the display and
sale of artistic items.
A drive-in service using power or mechanical equipment for
washing vehicles.
A business district as described in Article VI.
Business Aviation District as described in Article VI.
A facility principally used for public or private group events
providing food and beverages to invited guests, with or without music
or other forms of entertainment.
A facility or portion of a facility for which the serving
of alcoholic beverages is the primary or substantial use for some
portion of the day.
A facility dedicated predominantly to the serving of alcoholic
beverages.
An area partly below grade and having at least 1/2 of its
clear floor-to-ceiling height below the average grade of the adjoining
ground.
Business Development District as described in Article VI.
A commercial use in which overnight accommodations, primarily
for transient, and potentially for temporary, guests who typically
pay by the night for such accommodations, are provided by a resident
operator. Such use includes the serving of breakfast, and possibly
other meals, to such guests but not to the public, and may also include
nonexclusive access to and/or use of certain common areas and/or exterior
portions of the premises.
[Amended 5-16-2023 by L.L. No. 2-2023]
A home occupation use in which overnight accommodations are
provided by a resident operator for transient guests who typically
pay by the night for such accommodations. Such use includes the serving
of breakfast, and possibly other meals, to such guests but not to
the public, and may also include nonexclusive access to and/or use
of certain common areas and/or exterior portions of the premises.
[Added 5-16-2023 by L.L. No. 2-2023]
Business Hospital District as described in Article VI.
Business North District as described in Article VI.
A person occupying a boarding house.
A dwelling unit used for temporary occupancy purposes by
two or more individuals not constituting a family or functional family
unit who normally pay based on a share of total expenses of the dwelling
unit. The term does not include a motel, hotel, group residence, inn,
bed-and-breakfast, or rooming house.
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met.
A roofed structure for the shelter, housing or enclosure
of persons, animals or property.
That percentage of the lot area covered by the building area.
A line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches but does not include steps.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of roof.
A line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located. See "setback line." See Figure 2.[1]
A structure detached from a principal building on the same
lot and whose use is customarily incidental and subordinate to the
principal building or use.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building with design characteristics that are distinctively
associated with a particular owner or occupant or trademarked to the
occupant business.
See "commercial vehicle."
A parcel of land used or intended to be used, let or rented
for occupancy by or of two or more recreational vehicles, tents or
other recreational or temporary shelter or sleeping quarters of any
kind.
A permanent roof-like shelter or shade attached to a building
or on freestanding supports, or both.
Preparation and delivery of food and beverages for off-site
consumption without provision for on-site pickup or consumption.
An area wholly or partly below grade and having less than
1/2 of its clear floor-to-ceiling height above the average grade of
the adjoining ground.
Space within a building principally used for classes or seminars
that are conducted by a school, college or university.
A facility for medical or surgical diagnosis and treatment
of outpatients.
A commercial facility focused primarily on performance of
music associated with client dancing.
The subdivision of an area into building lots or lots that
are smaller than would customarily be permitted by this chapter, where
the density of development is no greater than would be permitted in
the district by conventional development, and where residual land
produced by the smaller lot size is preserved in perpetuity for open
space or recreation shared by those in the subdivision.
A commercial use whereby a dwelling or dwelling unit, which
may or may not include associated exterior spaces upon the same premises,
is/are offered, rented and/or otherwise provided for consideration
to one or more persons for transient use and occupancy as living quarters,
but specifically excluding all uses that are specifically permitted
as bed-and-breakfasts, hotels/inns, and/or rooming houses, motels
or boardinghouses.
[Added 5-16-2023 by L.L. No. 2-2023]
A vehicle designed and constructed to transport goods, wares,
and merchandise. Such vehicles frequently display advertising for
buying and selling of commodities and services; commerce; and trade.
Space within a public or private building which is made available
to outside individuals and groups to hold gatherings and meetings
on matters of community interest.
A retail use, intended to serve motorists and neighbors,
primarily focused on the sale of groceries, snack foods, beverages,
toilet articles, sundries, magazines, newspapers and foods. Hours
of operation are frequently extended to late evenings and early mornings.
Day care provided on a regular basis for more than three
children or adults, away from their own homes, for more than three
hours and fewer than 24 hours per day.
See "clinic."
See "residence hall."
A facility where a product is sold or a service performed
for customers while they are in or near their motor vehicles in off-street
parking or service areas. The term includes drive-in banking, drive-in
food service, fast-food service, gasoline station, auto wash and similar
uses.
A building or portion thereof designed, suitable for, and
used for human habitation.
Any area within a dwelling used for human habitation.
A building or portion thereof containing cooking area(s),
bathroom, dining, sleeping and related facilities necessary and/or
incidental to human habitation, designed and intended as a self-contained
household unit for a single individual or family.
A building or portion thereof containing three or more dwelling
units.
A building or portion thereof containing three or more dwelling
units or townhouses.
A building or portion thereof containing only one dwelling
unit and serving as a residence for a family or a functional family
unit.
A building or portion thereof containing only one dwelling
unit serving as a residence for a family, a functional family unit,
a boardinghouse, or a rooming house.
A building containing at least three dwelling units in which
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separated from any
other unit by one or more vertical common fire-resistant walls.
A building or portion thereof containing two dwelling units
serving as residences for families or functional family units.
A building or portion thereof containing two dwelling units.
A one-family dwelling on a lot without a side yard requirement
on one side of the lot or, alternatively, without a rear yard requirement.
The Code Enforcement Officer of the Village of Hamilton,
or such official charged by the Board of Trustees with the duty to
enforce this chapter and other laws, ordinances, codes and regulations
relating to buildings and property.
One person residing in a dwelling unit; two or more persons
related by blood, marriage or adoption, living, sleeping, cooking,
and eating in and otherwise occupying one dwelling unit as a single
unit; or two or more persons not necessarily related by blood, marriage
or adoption occupying a single dwelling unit as a single housekeeping
unit and constituting a "functional family unit" as defined herein,
which in either event shall be distinguished from two or more persons
occupying a dwelling unit and simply sharing rent, utility expenses
and other similar expenses of occupying the dwelling unit, and also
to be distinguished from occupying a boardinghouse, rooming house,
fraternity house, sorority house, or a dormitory.
Living space in a private home in which a family or individual
cares, on a twenty-four-hour basis, for up to three mentally or physically
disabled children or adults. (See also "adult residential care facility.")
A tract of land used to raise agricultural products, except
for a noncommercial garden accessory to a principal residential use
on the same property.
Food service, sometimes associated with drive-through service,
in which the preparation time for food serviced is relatively short,
in which much of the fare is taken away and in which customer seating
is minimal. Normally, payment is made prior to the consumption of
the food.
An artificially constructed enclosure or barrier of any material
or combination of materials, but not including a hedge or other natural
growth, erected to enclose or screen areas of land. Retaining walls
are not considered fences.
The quotient of the total floor area on all floors of a building
or buildings divided by the project land area.
A facility primarily or significantly dedicated to the processing
and or serving of food and beverage.
A residential hall dedicated to a Greek-letter association
of students for residential and social purposes.
A group of two or more persons not necessarily related by
blood, marriage or adoption, living, sleeping, cooking and eating
in and otherwise occupying one dwelling unit as a single unit and
who function as a family with respect to those characteristics that
are consistent with the purposes of zoning and use restrictions in
residential neighborhoods.
A functional family unit is distinguished from two or more persons
occupying a boardinghouse, rooming house, dormitory, residence hall,
fraternity or sorority.
For a group of two or more unrelated persons to operate as a
functional family, they must regularly share the common dwelling areas,
including dining areas, cooking areas, and social spaces.
For a group of two or more unrelated persons to operate as a
functional family, they must do so with a measure of stability characteristic
of the Family Residential District.
Such stability is presumed present if at least four of the following
conditions are met:
The presence of one or two adults residing in the unit with
either or both acting as a head of household.
In the circumstance that all members of the household are senior
citizens, the responsibilities of head of household may be shared.
The presence of one or more minor children regularly residing
in the household as dependent(s) of one or more adult occupant(s)
of the household.
Sharing of expenses for food, rent or ownership costs, utilities
and other household expenses.
Common use or ownership of furniture, appliances and other household
furnishings and supplies among the members of the household.
Employment of members of the household in the region, or active
pursuit of such employment.
Utilization of the address of the dwelling by adult members
of the functional family for purposes of voter registration, or driver's
license, or motor vehicle registration, or state or federal income
tax filings.
A showing that all members of the household have been living
together as a single housekeeping unit for a year or more, whether
in the current dwelling unit or in one or more other dwelling units
other than a dormitory, residence hall, fraternity, or sorority.
Any other factor that, in the judgment of Codes Enforcement
Officer, reasonably demonstrates that the group of persons are occupying
the dwelling unit as a single unit in a manner consistent with the
purposes of zoning and use restrictions in the Family Residential
District.
A group of individuals living in the same dwelling unit shall
be presumed not to be a functional family unit, as defined in this
section, if such dwelling unit contains no head of household while
also including two or more unrelated college students, which shall
be defined as individuals over the age of 16 years enrolled in a public
or private college, university or other institution of post-secondary
education authorized to confer degrees by the State of New York. For
the purpose of this presumption, dependent children of any other adult
member of the household shall be excluded in calculating the number
of college students in the household.
An enclosed space for the storage of one or more vehicles,
provided that no business is conducted therein, nor space for more
than one car is leased to a nonresident of the premises.
An enclosed space for the storage, hiring, selling, servicing
and repair of vehicles.
An enclosed space used only for the storage of vehicles operated
for profit.
A drive-in service for the sale of motor fuel, diesel motor
fuel, oil and motor vehicle accessories and which may include facilities
for lubricating or servicing vehicles but may not include painting
or body repairs nor the sale of new or used cars. The term includes
"fuel station," "filling station" and "service station."
A group of individuals occupying a single dwelling or dwelling unit as an integral component of a recognized program of physical or mental health rehabilitation, or other custodial supervision and care living arrangement operated by a nonprofit entity, with or without resident supervisory personnel. This term shall not include rooming houses, boardinghouses, nursing homes, dormitories, sorority houses, fraternity houses, or similar facilities. (See § 174-82.) (See Village Code in effect prior to January 1, 2012, for definition of "group residence" effective prior to January 1, 2012.)
A profession, vocation or business activity, full-time or
part-time, conducted within a property by the inhabitants of the property.
Home occupation use is secondary to the residential use of the property
and should not change the character thereof substantially.
[Amended 5-16-2023 by L.L. No. 2-2023]
A facility for the medical or surgical diagnosis and treatment
of inpatients and/or outpatients.
A commercial use conducted within a building or group of
buildings containing multiple rooms and/or suites which are offered
for consideration primarily to members of the public for transient
overnight sleeping accommodations. A hotel or inn also provides on-site
dining, beverage service, and group meeting facilities that are open
to both guests and the public.
[Amended 5-16-2023 by L.L. No. 2-2023]
A facility that provides full-time care on a commercial basis
or as a public charge for three or more babies or children or aged
persons; rest home, nursing home, convalescent home and related health
facilities, except hospitals or correctional institutions.
A facility for the storage and sale of waste or discarded
materials or for the dismantling, storage or salvaging of machinery
or vehicles or for the sale or storage of parts thereof, except as
accessory to a principal manufacturing use on the premises.
An establishment in which more than six dogs or domesticated
animals more than a year old are housed, groomed, bred, boarded, trained
or sold.
A facility equipped with individual clothes washing, cleaning
or drying machines for use by nonresident retail customers.
Includes but is not limited to horses, cattle, hogs, fowl
or furred animals.
A person occupying a room, suite, dwelling unit or other
habitable space on a transient basis.[2]
[Amended 5-16-2023 by L.L. No. 2-2023]
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used, developed
or built upon as a unit. See Figure 2.[3]
The total area within the lot lines of a lot, excluding any
street rights-of-way.
That portion of the lot that is covered by buildings and
structures.
The distance measured from the front lot line to the rear
lot line. See Figure 2.[4]
The length of the front lot line measured at the street right-of-way
line. See Figure 2.[5]
A line of record bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
space. See Figure 1.[6]
The lot line separating a lot from a street right-of-way.
See Figure 1.[7]
The lot line opposite and most distant from the front lot
line; or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line. See Figure 1.[8]
Any lot line other than a front or rear lot line. See Figures
1 and 2.[9]
A lot which exists as shown or described on a plat or deed
in the records of the local registry of deeds.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line. See
Figure 2.[10]
A lot or parcel of land abutting upon two of more streets
at their intersections, or upon two parts of the same street forming
an interior angle of less than 135°. See Figure 2.[11]
See "lot, through."
An interior lot having frontage on two approximately parallel
or converging streets.
A lot other than a corner lot. See Figure 2.[12]
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
A through lot which is not accessible from one of the parallel
or nonfrontage intersecting streets upon which it fronts.
A lot with the rear line abutting a street.
A lot which fronts upon two parallel streets, or which fronts
upon two streets, which do not intersect at the boundaries of the
lot See Figure 2.[13]
A structure that is constructed in two or more pieces wholly
or partially off-site and designed to be erected on a permanent foundation,
that is not readily movable as a unit except upon a separate trailer.
Differs from a "mobile home" in that it is generally not constructed
with an attached chassis and it is constructed in accordance with
the requirements of the New York State Building Codes rather than
to the requirements of the Department of Housing and Development.
A permanent roofed structure projecting from a building,
usually over an entrance, attached to the building or on freestanding
supports, or both.
The Mixed-Use Broad District as described in Article VI.
The Mixed-Use Core District as described in Article VI.
The Mixed-Use Eaton District as described in Article VI.
The Mixed-Use Green District as described in Article VI.
A self-contained portable structure capable of being propelled
or towed on a highway and constructed with a permanently attached
towing frame, whether or not the wheels and/or tongue are presently
attached, and constructed in accordance with U.S. Department of Housing
and Development Code requirements for use as a residential 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, but not including travel trailers
or motor homes.
A commercial use conducted within a building or group of
buildings containing multiple rooms and/or suites which are provided
for consideration to members of the public primarily for transient
overnight sleeping accommodations. A motel generally provides direct
access from the rooms and suites to on-site parking areas and may
also contain common lobby or assembly areas.
[Amended 5-16-2023 by L.L. No. 2-2023]
The Mixed-Use Perimeter District as described in Article VI.
A facility necessary for the installation, delivery, and/or
maintenance of utility services in and for the Village of Hamilton.
An institution, open to the public, principally devoted to
the procurement, care, study, and display of objects of historic,
cultural or artistic interest or value.
An abutting property or a property directly across a street.
Properties near to one another and subject to mutual use
impacts. Neighborhoods may extend across streets and across district
lines. Normally, it is reasonable to consider any property within
300 feet of another property's border to be within the same neighborhood.
A building or structure lawfully existing on the effective
date of this chapter which does not conform to the district regulations
for the dimensions and height of such building or structure or whose
location results in nonconformity as to minimum yard dimensions or
maximum lot coverage.
A lot of record lawfully existing on the effective date of
this chapter which does not meet the district regulations for minimum
area or dimensions and where the owner of said lot does not own any
adjoining unimproved property, the subdivision of which could create
one or more adjoining lots.
A use of a building, structure or land lawfully existing
on the effective date of this chapter which does not conform to the
district use regulations.
A facility for daytime care or instruction for two or more
children who may be up to seven years old, operated on a regular basis.
See "institutional home."
Occupancy of a dwelling space for an open-ended period or
for a period of more than a year.
Occupancy, or the legal right to occupancy, of a dwelling,
dwelling unit, room, suite or other living space for a period of more
than 30 consecutive days, but not for purposes of ongoing, year-round,
permanent residence.
[Amended 5-16-2023 by L.L. No. 2-2023]
Occupancy, or the legal right to occupancy, of a dwelling,
dwelling unit, room, suite or other living space for a period of 30
or fewer consecutive days, counting any portion of a particular day
as a full calendar day.
[Amended 5-16-2023 by L.L. No. 2-2023]
The date of the regular monthly meeting of the Planning Board,
Board of Appeals, Village Board of Trustees or other agency to whom
the application is made immediately subsequent to the submission of
any complete application, plan, data or petition for action by such
agency.
A land use requiring the occupancy of the property by the
operator of the specified use.
A mapped zoning district that imposes a set of requirements
in addition to those of the underlying districts.
That person or persons possessing record title to a building
or land.
A land use requiring the occupancy of the property by the
owner of the property.
Land owned by the municipality and dedicated primarily to
recreation.
A lot used principally for the parking of vehicles or mechanized
equipment.
An off-street space (enclosed or open) for the parking of
one motor vehicle, of not less than 180 square feet (nine feet by
20 feet or 10 feet by 18 feet), exclusive of maneuvering space and
driveways thereto, and accessible from a public way.
Parking spaces required for the use of a parcel but located
on a separate parcel.
Parking spaces on a lot required to support all permitted
and approved uses of the lot.
Parking spaces on a lot that are additional to those required
for the approved uses of the lot. Only supplemental parking spaces
may be rented or leased for off-site parking.
Building that share exterior walls along the side lot lines.
A planned district.
Forms of creative activities that are performed in front
of an audience, such as drama, music, and dance.
A facility principally used for the presentation of theater,
dance and music to an audience.
A permit issued by the Enforcement Official authorizing any
proposed construction, addition, alteration, relocation or demolition
as in accordance with the provisions of this chapter, the New York
State Fire Prevention and Building Codes and all other applicable
laws and regulations governing construction and demolition of buildings
and structures.
An approval required prior to any activity governed by this
chapter.
A firm, partnership, trust, company, corporation, organization,
institution and similar entities, as well as an individual acting
as owner, lessee, agent or employee.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel or involving
instruction or advice in capacities and skills. Normally personal
services are distinguished from the educational services that are
directly linked to a degree-granting institution.
An area of land to be planned and developed in a single development
scheme or a definitely programmed series of development operations;
the plan need not correspond in lot size, bulk or type of structure,
density, lot coverage and required open space to the regulations established
under the provisions of this chapter.
A map, drawn to scale, showing the divisions of a piece of
land.
See "building, principal."
A use that may be carried on independently of any other use
and which generally characterizes the primary purpose for which land
of principal buildings and structure thereon are intended and designed,
including all activities not permitted in the use chart.
An office such as of a physician, dentist, chiropractor,
optometrist, lawyer, accountant, architect, landscape architect, engineer,
city planner or musician.
See "municipal or public utility structure."
A Family Residential District.
A mobile recreational unit, such as a travel trailer, pickup
camper, converted bus, tent trailer, camper trailer or similar vehicle.
A structure, as part of a university campus or other degree-granting
educational institution, housing students and normally containing
a number of private or semiprivate rooms for residents, often along
with common bathroom facilities and recreation areas. Normally, each
of the rooms or units does not include all the elements necessary
for human habitation. A "residence hall" may include programmable
spaces associated with the educational mission of a New York State
degree-granting institution. A residence hall is normally owned by,
or subject to oversight and/or sanction by a New York State degree-granting
institution.
As defined and/or generally determined by the United States
Internal Revenue Service. Unless otherwise specifically qualified,
use of the term "residence" in this chapter shall be deemed to be
a reference to a principal or primary residence.
[Added 5-16-2023 by L.L. No. 2-2023]
The operator of a home occupation who is a person for whom
the dwelling unit is a principal residence.
A complex providing residential and some combination of dining,
social, and medical facilities for older adults. Given the complexity
of such a facility, it should be developed within the Planned District
provisions of this chapter.
The use of a lot, building, or portion thereof, for human
habitation on a nontransient basis.
A facility primarily dedicated to the preparation and serving
of food and beverages for consumption on the premises. A restaurant
may include an in-house microbrewery on the condition that the beverages
produced within it are primarily consumed on the premises.
See "fast-food service."
Land over which the public may travel subject to restrictions
by the government with jurisdiction, whether or not said government
has control of the land by ownership or easement.
A person, other than a member of the family or functional
family unit occupying a dwelling or dwelling unit as their primary
residence, who resides in the dwelling or dwelling unit on a transient
or temporary basis.
[Amended 5-16-2023 by L.L. No. 2-2023]
A home occupation use conducted by a resident operator in
which one or more persons (roomer or roomers) shares occupancy of
the dwelling or dwelling unit with the resident operator and pays
by the room or the space for transient or temporary occupancy of the
defined space and facilities within the dwelling and/or upon the premises.
The term does not include a motel, hotel, bed-and-breakfast, short-term
transient rental use, boardinghouse or group residence.
[Amended 5-16-2023 by L.L. No. 2-2023]
See "building, accessory."
See "gasoline station."
See "yard."
That line that is the required minimum distance from the
street line or any other lot line that established the area within
which the principal structure must be erected or placed. See "building
line." See Figure 2.[14]
An establishment having as a substantial or significant portion
of its services, stock-in-trade or motion picture presentations any
of the following: any activities, films, videos, devices, digital
recordings, books, magazines and other periodicals which are distinguished
by or related to human genitals in a state of sexual stimulation or
arousal, acts of human masturbation, sexual intercourse or sodomy,
or display, fondling or other erotic touching of human genitals, pubic
regions, buttocks or breasts.
See the Sign Law, Chapter 133 of this Code.
A drawing of the site, presenting information and accompanied by documentation as specified in § 174-53.
A residential hall dedicated to a Greek-letter association
of students for residential and social purposes.
A use which is authorized subject to requirements imposed
by the Planning Board to assure that the proposed use will not adversely
affect the neighborhood and is in harmony with the law and with the
goals of the district.
Any merchandise (wares, goods, farm produce, etc.) purchased,
made, or otherwise acquired for resale.
That part of a building included 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 the floor and the ceiling next
above it. Any story with a floor four feet or more below finished
grade shall be considered a full story.
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.
A public thoroughfare which affords the principal means of
access to abutting property.
The line which delineates the limit of the public right-of-way
of a road or street, as established be deed or easement, or by the
local, county or state agency having jurisdiction.
An assembly of materials located on, or permanently affixed
to the ground with improvements constructed above the ground. A building
is one type of structure.
A workspace principally devoted to the creation of art and
artifacts, which may include incidental retail sales and/or personal
services.
A dwelling unit (with no more than one bedroom) that is located
on the same lot and is clearly supplemental to a one-family dwelling.
Such apartment may be located in the same structure as the primary
dwelling unit or in a secondary structure.
Uses of a parcel or property that are permitted by right,
by special permit, by special condition, by site plan review, or by
virtue of the provisions of a planned district.
An artificial body of water or receptacle for water having
a depth at any point greater than two feet, used for swimming or bathing
and constructed or installed in or above the ground.
A home occupation use conducted by a resident operator in
which transient guest are provided overnight accommodations within
the entire residence of the resident operator or in an accessory building
for transient guests who typically pay by the night for such accommodations.
Such use may include access to and/or use of exterior portions of
the premises.
[Amended 5-16-2023 by L.L. No. 2-2023]
University District.
University 1 District as described in Article V.
University 2 District as described in Article V.
University 3 District as described in Article V.
Properties owned and operated by Colgate University within
the U1, U2, and U3 Districts.
An activity or activities associated with a post-secondary
degree granting institution and on a property outside of the University
campus. Such an activity is subject to all of the permissions, conditions,
restrictions, and processes of the district in which the property
is located.
See "accessory use."
See "principal use."
An approval granted by the Zoning Board of Appeals to permit
development that is not in conformance with the literal requirements
of this chapter.
An approval granted by the Zoning Board of Appeals to permit
development and/or construction that is not in conformance with the
dimensional requirements of the applicable zoning regulations.
An approval granted by the Zoning Board of Appeals for the
use of land for a use or purpose which is otherwise not allowed by
the applicable zoning regulations.
An open space that lies between the principal or accessory
building and the nearest lot line or street line. Such yard is unoccupied
and unobstructed by structures from the ground upward except as may
be specifically provided in the zoning local law. See "buildable area";
"lot line"; "yard depth"; "yard line." See Figure 1.[15]
The shortest distance between a street line and a yard line.
A line drawn parallel to a street line at a distance therefrom
equal to the depth of the required yard. See Figure 1.[16]
A space extending the full width of the lot between any building
and the edge of the street, and measured perpendicular to the building
at the closest point to the edge of the street. Such front yard is
unoccupied and unobstructed by structures from the ground upward as
may be permitted elsewhere in this chapter. See Figure 1.[17]
A space extending across the full width of the lot between
the principal building and the rear lot line, and measured perpendicular
to the building to the closest point of the rear lot line. Such rear
yard is unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this chapter. See Figure 1.[18]
The open space between a lot line or street line and the
building area within which no structure shall be located except as
provided in the zoning local law. See Figure 1.[19]
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
Such side yard is unoccupied and unobstructed from the ground upward
except as may be permitted elsewhere in this chapter. See Figure 1.[20]
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
Figure 1, Setback Definitions
|
Figure 2, Lot Descriptions
|
[1]
Editor's Note: Figure 2 is included at the end of this section.
[2]
Editor's Note: The former definition of "lodging," which immediately
followed, was repealed 5-16-2023 by L.L. No. 2-2023.
[3]
Editor's Note: Figure 2 is included at the end of this section.
[4]
Editor's Note: Figure 2 is included at the end of this section.
[5]
Editor's Note: Figure 2 is included at the end of this section.
[6]
Editor's Note: Figure 1 is included at the end of this section.
[7]
Editor's Note: Figure 1 is included at the end of this section.
[8]
Editor's Note: Figure 1 is included at the end of this section.
[9]
Editor's Note: Said figures are included at the end of this
section.
[10]
Editor's Note: Figure 2 is included at the end of this section.
[11]
Editor's Note: Figure 2 is included at the end of this section.
[12]
Editor's Note: Figure 2 is included at the end of this section.
[13]
Editor's Note: Figure 2 is included at the end of this section.
[14]
Editor's Note: Figure 2 is included at the end of this section.
[15]
Editor's Note: Figure 1 is included at the end of this section.
[16]
Editor's Note: Figure 1 is included at the end of this section.
[17]
Editor's Note: Figure 1 is included at the end of this section.
[18]
Editor's Note: Figure 1 is included at the end of this section.
[19]
Editor's Note: Figure 1 is included at the end of this section.
[20]
Editor's Note: Figure 1 is included at the end of this section.
