The voluntary, absolute relinquishment and/or giving up of a
known right to which one is entitled, with the intention of permanently
terminating or parting with such right. "Abandonment" depends upon
the concurrence of two (2) elements or factors:
The intention to relinquish and permanently give up a known
right to continue a nonconforming use; and
The cessation of such nonconforming use, and overt act or failure
to act, implying that the owner intends to permanently cease from
putting the premises to the nonconforming use, or such other nonconforming
use as may be permitted by this chapter.
Whenever a nonconforming use of a structure has been discontinued
for a period of one (1) year, such discontinuance shall constitute
prima facie evidence that such use has been abandoned.
A licensed facility for aged, infirmed or disabled adults,
which is only operated during part of the day and which provides supplementary
care and protection of individuals who reside elsewhere.
A dwelling having a resident host in the primary dwelling
of a private single-family or two-family home with common dining and
leisure rooms and lodging rooms for overnight accommodation, the rates
for which include breakfast and lodging only, and in which no public
restaurant is maintained and no other commercial services are offered.
The Bed and Breakfast establishment shall have not more than ten (10)
occupants as lodgers in at least three (3) and not more than five
(5) rooms.
A dwelling having a resident host in the primary dwelling
of a private single-family or two-family home in which at least one
(1) and not more than two (2) rooms are provided for overnight accommodation,
the rates for which include breakfast and lodging only, and in which
no public restaurant is maintained. The Bed and Breakfast home shall
not have more than four (4) occupants as lodgers.
Permanent sign or structure which directs attention to an
idea, product, business activity, service or entertainment which is
conducted, sold, or offered elsewhere than upon the lot on which the
sign is situated.
Premises which provide living and sleeping accommodations
for compensation to more than one (1) person, with or without provision
of meals or food preparation facilities and by pre-arrangement for
specified periods of time. The term boarding house shall include lodging
house, rooming house, furnished rooming house and dormitory.
Any structure which is permanently affixed to the land, has
one (1) or more floors and a roof, and is intended for the housing,
shelter, or enclosure of persons, animals or properly. See also Structure,
Dwelling.
A building surrounded by open space on the same lot.
A building attached by a party wall to one (1) other building
normally of the same type.
One of a series of building usually of the same type having
common party walls between each two (2) adjacent building.
The size, volume and shape of structures, and the physical
relation of their exterior walls or their location to lot lines, other
structures, or other walls of the same structure; and all open spaces
required in connection with a structure or a tract of land.
An existing lot or structure which does not conform to the
area and bulk regulations after the enactment, amendment, or district
change of the local law.
Premises which provide temporary, seasonal accommodations
for compensation to transient guests. The term camp shall include
premises commonly called colonies of bungalows, cabins or cottages
for tourists; premises used for recreations; assembly of persons and
commonly called day, resort or summer camps; and premises used for
parking or location of tents or other portable shelters and commonly
called camping grounds.
Premises regularly used for washing, cleaning or polishing
motor vehicles for compensation.
Premises of an organization of persons who meet periodically
to promote some common non-profit social, educational, athletic or
recreational object and who cater exclusively to members and their
guests.
That lot area or percentage of lot area covered by the structure
area.
The ratio of lot area per family or dwelling unit on a lot.
The establishment of a use on a lot or in relation to structure,
or the erecting or structural alteration of a structure.
An area, section or zone of the village within which uniform
requirements regulate the use of land and the height, bulk, density
and setback of structures.
Premises used for the collection, storage, deposit and disposal
of garbage, sewage, trash, refuse, junk or waste material of any kind
by abandonment, dumping, burial, burning or other means.
A dump used for the processing, disassembly, dismantling,
wrecking, demolition, conversion, salvage or resale of scrap metal
or other used materials, discarded motor vehicles or machinery or
parts thereof. The term junkyard shall include the deposit on a lot
of two (2) or more motor vehicles no longer intended or in condition
for legal use on the public highways.
Any building or portion thereof designed or used as the residence
or sleeping place of one (1) or more persons.
A building designed or used for residence purposes by not
more than one (1) family, containing one (1) dwelling unit only.
A building designed or used for residence purposes by not
more than two (2) families and containing two (2) dwelling units,
which may be attached side by side, that individually meet the floor
area requirements established for single-family dwellings.
A building or portion thereof designed to be used as a residence
by three (3) or more families and containing three (3) or more dwelling
units on one (1) plot but which may have joint services or joint facilities,
or both.
A transportable, one (1) family dwelling on a chassis, movable
by being drawn by another vehicle, equipped for year-round occupancy
and containing the same water supply, waste disposal, heating and
electrical conveniences as immobile housing.
One or more rooms constituting a separate, independent housekeeping
unit for ownership or lease or rent designed for occupancy by one
(1) family and physically independent of any other group of rooms
or dwelling units which may be in the same structure, containing independent
cooking, sanitary and sleeping facilities.
To excavate for, construct, build, re-erect, reconstruct,
rebuild, or move a structure.
One or more persons who live together in one (1) dwelling
unit and maintain a common household, provided that unless all members
are related by blood, adoption or marriage, no such family shall contain
more than three (3) nonrelated persons.
A farm is defined as any place from which one thousand dollars
($1,000) or more of agricultural products were produced and sold,
or normally would have been sold, during the year.
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
The elevation at which the finished surface of the surrounding
lot intersects the walls and supports of a structure.
Premises used for the storage of fuel oil, kerosene, propane
or other combustible fuel for sale by motor vehicle or other means
of conveyance to purchaser at some other destination, and excluding
gasoline storage tanks used at gasoline stations for retail sale.
Premises used for storage, display, sale, rental, service,
or repair of motor vehicles.
An accessory garage used by the occupants of the principal
building for storage of one (1) or more motor vehicles or boats and
within which no business, occupation, service or industry shall be
conducted for profit.
A garage which is used for the sale and delivery of gasoline
or other fuel for the propulsion of motor vehicles. A gasoline station/repair
shop may sell or install oil, other lubricating substances, tires,
batteries and other motor vehicle repairs.
A garage which is used for the sale and delivery of gasoline
or other fuel for the propulsion of motor vehicles. A gasoline station/retail
shop may sell groceries, prepared food, hardware, automotive supplies,
over the counter pharmacy items and other items typical of grocery
stores.
Land used for the purpose of extracting stone, gravel, topsoil
or other mineral products for sale, and excluding the process of grading
a lot principally for construction of a structure.
Professional or business use accessory to the principal use
of a lot for dwelling purposes and which does not alter the exterior
of the property or affect the residential character of the neighborhood.
Premises which provide health services and medical or surgical
care for the diagnosis, care, treatment or therapy of human injury,
infirmity, sickness or ailments. A hospital may include as an integral
part of the institution accessory related facilities such as laboratories,
training facilities, central service facilities and staff offices.
The term hospital shall include clinic, infirmary, preventorium, sanatorium
and sanitarium.
Premises used for medical and/or surgical care of sick or
injured animals with or without accessory boarding accommodations
for convalescence. The term animal hospital shall include veterinary
clinic.
Premises which provide temporary living and sleeping accommodations
for compensation and usually on an overnight basis to transient guests
who have other principal dwellings. A hotel may provide accessory
hotel services such as public dining facilities, maid service, laundry
or linen, telephone and secretarial or desk service and use and upkeep
of furniture. The term hotel shall include motel, inn, auto court,
motor hotel, motor court, motor inn, motor lodge and other similar
establishments.
Premises used for sale, harboring, boarding, care or breeding
of dogs for compensation.
Landscaped with vegetation of a type sufficient to effectively
screen differing uses, enhance the quality of the environment and
protect the general welfare of the community.
An expanse of lawn, trees, plants and other natural materials
such as rock and wood chips, and decorative features, including sculptures,
walks, fountains, pools, and street furniture.
A parcel of land having defined boundaries and considered
as a unit, devoted to specific use or occupied by a structure or group
of structures that are united by a common interest, use, or ownership,
and including the customary accessories and open spaces.
A lot or portion of lot at the junction of and abutting on
two (2) intersecting streets.
A lot other than a corner lot which fronts on two (2) streets,
or upon a street and a right-of-way of more than twenty-five (25)
feet in width.
A line dividing one (1) lot from another lot, or from an
established right of way.
A lot line coincident with a street line. (A lot with more
than one (1) street line shall have a front line respectively on each
street).
The lot line generally opposite and most distant from the
street line.
The lot lines other than the front and rear lot lines.
The length of the front lot line.
The mean horizontal distance from the street line of a lot
to its rear lot line, measured in the general direction of the side
lot lines. (The lot depth of a lot with more than one (1) street line
shall be the greatest of the mean horizontal distances between the
front lot lines and the respective rear lot lines opposite each).
The mean horizontal distance between the side lot lines measured
at right angles to the lot depth.
The total area with lot lines, excluding street area.
The fabrication, altering, finishing, processing, handling
or assembly of raw materials and packaging, warehousing and storage
of articles in quantity.
Premises used for the placement of one (1) or more occupied
mobile dwellings.
See Dwelling, Mobile.
Rebuilding and reconstruction of motor vehicles including:
spray painting, welding, auto body repair; Fender, clutch, transmission,
differential, axle, spring or frame repairs; major overhauling of
engines or radiators requiring removal thereof; Complete re-capping
or re-treading of tires.
A premises which may provide the services of a gasoline station
and which does conduct major vehicle repairs, including but not limited
to lubrication, fluid change state inspection, parts sales and installation.
Premises which operate on a regular basis to provide daytime
care or instruction for three (3) or more children under six (6) years
of age. The term nursery school shall include kindergarten, day nursery,
day care center and family day care.
Any place or institution for the aged, infirm, senile, chronic
or convalescent established to render, for compensation, domiciliary
care, custody, treatment and/or lodging of three (3) or more persons
who require or receive a special diet or assistance in feeding, dressing,
walking, administering medicines, or carrying out the treatment of
a doctor licensed by the State of New York in any other ordinary daily
activities of life or are confined to bed or a chair. This category
does not include institutions for the treatment of the mentally ill,
hospitals, sanitariums, and boardinghouses.
A residence for the frail elderly that provides rooms, meals,
personal care, and supervision of self-administered medication. It
may provide other services such as recreational facilities, financial
services, and transportation. See also Adult Day Care.
Land which is open or semi-enclosed by structures and which
is used to provide five (5) or more off-street parking spaces.
A space which is out of the public right of way and is available
and adequate for the parking of one (1) motor vehicle.
The discharge into the environment of any smoke, fumes, dust,
odor, glare, heat, noise, vibration, electrical interference, radiation
or effluent at level harmful to health or offensive to the senses.
The site upon which residential, commercial, industrial or
other land uses or any combination thereof may be authorized in a
flexible manner so as to achieve the goals of the Village's local
zoning laws.
An independent, freestanding zoning district, wherein the
zoning regulations need not be uniform for each class or type of land
use, but where the use of land shall be in accordance with a preliminary
planned unit development plan approved by the Village Board of Trustees.
A lot together with all the structures and uses thereon.
See Gravel Pit, Quarry, Sand Pit, Topsoil Removal.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residence,"
therefore, includes all one-family, multiple-family, boarding-, fraternity
and sorority houses. However, "residence" shall not include the following:
A restaurant where patrons are not customarily served at
tables or sit-down counters and where all or a portion of the food
is prepared and wrapped, boxed, bagged or prepackaged, or is prepared
in a manner in anticipation of customers, and where the customer places
an order at a common counter or drive-in facility by waiting in line
or by being served through a sequential numbering system and consumes
the food either at tables provided in or adjacent to the building,
in vehicles on site or elsewhere.
A permanent building used for the serving of meals where
customers are seated principally at a table and are waited on when
seated, where a full line of meals is offered, where the main proportions
of the meals are not precooked or prepackaged in anticipation of customers,
and, further, where, under proper authority, alcoholic beverages may
be served from a service bar only and where the meal is not customarily
or occasionally eaten in vehicles.
Sale of relatively small quantities of goods, wares commodities
or services to ultimate customers for direct consumption and not for
resale.
The property of an easement permanently established for passage
of persons or vehicles.
See Gravel Pit, Quarry, Sand Pit, Topsoil Removal.
A properly maintained combination of fences, rows of trees,
hedges and other means to buffer the view and noise generated by activities
on a lot from other properties in the vicinity and from the street.
The minimum horizontal distance in feet from a lot line to
the adjacent structure line of principal and accessory building on
a lot.
A device used to communicate visual information to persons
outside a building for the purpose of identifying, informing, directing,
attracting attention, advertising or promoting.
A sign which attracts attention to a use principally conducted
on the premises.
A sign used solely for identifying the location of a specific
use, and not for advertising or promoting purposes.
A sign used solely for directing to the location of a use
within two (2) miles of the sign, and not for advertising or promoting
purposes.
A sign which may be used for identifying or directing to
the location of a specific use for advertising or promoting purposes.
The suitably improved public or private right of way providing
the principal means of access to abutting properties.
The dividing line between a lot and a street right of way.
A static construction of building materials, the use of which
requires a fixed location on the ground or attachment to an object
having such fixed location. Among other things, structures include
buildings, stadiums, sheds, storage bins, reviewing and display stands,
platforms, radio towers, walls, fences, swimming pools, gasoline pumps,
billboards, signs, and mobile home and travel trailers (whether mobile
or stationary at the time). See also Building, Bulk, Dwelling, Erect.
A structure wherein is located the principal use of the lot
on which the structure is located.
A structure wherein is located a use accessory to the principal
use or structure of the lot on which the structure located.
A change or rearrangement in the roof framing or supporting
structural parts, such as foundation, bearing walls, columns, beams
or girders of a structure or any structure enlargement involving extension
of any side or increase in height.
The total of areas taken on a horizontal plane at the main
grade level of the principal and all accessory structures, excluding
uncovered steps, uncovered terraces at grade and movable awnings and
canopies. (All dimensions shall be measured between the exterior faces
of walls).
The vertical distance from the mean finished grade of the
wall or other vertical surface with the lowest mean finished grade
around the periphery of the structure to the highest point of the
structure.
The line from the vertical surface of a structure wall nearest
to the adjacent lot line.
The division of any parcel of land into a number of lots,
blocks or sites as specified in a law, rule or regulation, with or
without streets or highways, for the purpose of sale, transfer of
ownership, or development. The term "subdivision" may include any
alteration of lot lines or dimensions of any lots or sites shown on
a plat previously approved and filed in the office of the county clerk
or register of the county in which such plat is located. (ref. Village
Law 7-728)
A subdivision plat or plats, approved pursuant to article
7-738 of Village Law, in which the applicable zoning local law is
modified to provide an alternative permitted method for the layout,
configuration and design of lots, buildings and structures, roads,
utility lines and other infrastructure, parks, and landscaping in
order to preserve the natural and scenic qualities of open lands.
An outdoor pool, tank, depression or excavation used for
the specific purpose of swimming, causing the retention of water to
a depth greater than eighteen (18) inches, and having a surface of
water greater than one hundred (100) square feet.
Premises used for the placement of two (2) or more travel
trailers.
A vehicle or portable structure standing on wheels, whether
or not self-propelled, and used as temporary living and sleeping accommodations
for travel, camping or recreational purposes.
The specific purpose or activity for which land or a structure
is intended, designed arranged, occupied or maintained.
The main, primary use of the lot.
A use customarily, incidental and supplemental and clearly
subordinate and secondary to the principal use located on the same
lot.
A use allowed as a matter of right in a district.
A use that is not appropriate at all locations and under
all circumstances throughout a district or without restriction in
all districts due to potential incompatibility with some or all permitted
uses, and whose number, area, location and relationship shall be regulated
by relating to individual conditions the general and specific standards
established by this local law.
A use which is not a permitted or conditional use in a district.
A use of land or of a building or structure, which use lawfully
existed at the time of the adoption of this chapter, or of any amendment
thereto, but which use does not conform to the use regulations imposed
by this chapter or such amendments thereto.
A modification of the use and/or bulk regulations of the
local law in an individual case where, due to specific facts and conditions
relating to a particular property, literal application and strict
enforcement would result in undue and unnecessary hardship or practical
difficulty that would deprive the owner of reasonable use of the land
or structures.
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.
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.
Sale of relatively large quantities of goods, wares, commodities
or services not by the manufacturer to retailers for resale and not
for direct consumption.
An open space located on the same lot with a building, and
unoccupied by structures except as provided in this local law.
That space on the same lot with a principal building situated
between the front lot line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front lot line
or right of way from the point of the foundation of the structure
or building closest from such lot line.
A corner lot shall have more than one (1) front yard, one
(1) yard as above and any other a yard extending across the full width
of the lot and lying between any other front lot line and the adjacent
structure line. See also corner lot.
A yard extending across the full width of a lot and lying
between the rear lot line and the rear structure line of the principal
structure.
A yard situated between the side lot line and the adjacent
side structure line of the principal structure and extending from
the front yard rear line (or from the front lot line, if no front
yard is required) to the rear yard front line (to the rear lot line,
if no rear yard is required).
