A.Â
Words used in the present tense shall include the
future, and words used in the singular number shall include the plural
number and the plural, the singular.
B.Â
The word "shall" is mandatory; the word "may" is permissive.
C.Â
The word "lot" shall include the words "plot," "piece"
and "parcel;" the word "building" includes any other structure of
any kind regardless of similarity to buildings; and the phrase "used
for" shall include the phrases "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
D.Â
The word "person" includes a corporation as well as
an individual.
As used in this chapter, the following terms
shall have the meanings indicated in this section:
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
See "accessory."
See "accessory."
See "customary agricultural uses."
A change or rearrangement in the structural parts or in the
existing facilities, or an enlargement, whether by extending on a
side or by increasing in height, or the moving from one location or
position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Any external television antenna of a circular or rectangular
or square shape with an area larger than five square feet.
[Added 10-15-1984]
A rented dwelling unit.
[Added 4-21-2021 by L.L. No. 2-2021]
A building or portion thereof containing three or more dwelling
units. See "dwelling, multiple."
[Added 4-21-2021 by L.L. No. 2-2021]
See "dwelling, multiple."
The total area within the lot lines.
The use of any area or portion of any lot or plot, whether
inside or outside a building, for the temporary storage of automobiles
awaiting dismantling or the dismantled parts of automobiles or for
the dismantling, cutting, demolition and burning of automobiles.
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, painting and steam
cleaning of vehicles.
A story partly below ground but having at least 1/2 its height
above the average grade of the adjoining ground.[1]
A dwelling in which tenants are provided breakfast. A special use permit is required. See Article VI.
[Added 4-21-2021 by L.L. No. 2-2021]
A dwelling in which rooms are offered for rent for more than
a week, and table board may be furnished to tenants, and which does
not meet the definition of a "bed-and-breakfast," "hotel, motel, inn,
tourist cabin," or "short-term rental."
[Added 4-21-2021 by L.L. No. 2-2021]
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property, including, but not limited
to, houses, garages, and sheds.
[Amended 4-21-2021 by L.L. No. 2-2021]
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 for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The building front line shall be the line of that face of
the building nearest the front line of the lot. This face includes
sun parlors and covered porches, whether enclosed or unenclosed, but
does not include steps. Side and rear building lines shall be determined
in a comparative manner.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
Certification that a proposed structure or alteration or
use is in conformance with this chapter. It is not a building construction
permit.
[Added 2-5-1992 by L.L. No. 1-1992]
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity but not primarily for profit nor to render
a service which is customarily carried on as a business.
A planned development district which provides for a cluster
of not less than four and not more than 12 single-family cottages.
Each such cottage shall be constructed so as to contain no more than
two bedrooms; not exceed 1,000 square feet in area[2], in addition to one optional one-story garage not to exceed 250 square feet and one unenclosed, roofed porch facing the district's common area no wider than the width of the house and no deeper than eight feet; be not more than 18 feet in height to the top of the second story, and not more than 25 feet in total building height; provide off-street parking for at least one automobile; face a common area containing a park and sidewalks; and be of energy-efficient design and construction and of an architectural design compatible with the historic Village. The district shall provide common parking facilities as necessary for residents and visitors. The district shall have a homeowners' association, the membership of which shall consist of each owner within the district, said association having ownership of and responsibility over all the common areas. There shall be green space of no less than 25% of the total district. Legislation creating such a district shall foster the goals of creating neighborhood-oriented living in affordable homes with adequate parking and pedestrian access. This definition does not constitute a definition of, or constraint to, cluster zoning, as the same is provided for in Article VIII, Cluster Development, of Chapter 158, Subdivision of Land, or impose any requirement with respect to the implementation of a cottage zoning planned development district.
[Added 3-6-2006; amended 8-17-2022 by L.L. No. 3-2022]
That percentage of the plot or lot area covered by the building
area.
Ordinarily, the raising of crops, livestock or poultry, fruit
or fur-bearing animals; where interpretation is required to determine
whether a particular activity constitutes a customary agricultural
use, the Board of Appeals shall consider whether said type of activity
is traditional in the Village of Round Lake and is recognized as an
agricultural pursuit by a government agency or by an agricultural
bureau.
A commercial establishment where business is transacted between
the establishment and the person in a parked automotive vehicle.
See "theater, outdoor."
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, discarded machinery, vehicles
or parts thereof or waste material of any kind. One cubic yard or
more of refuse not removed for four weeks during the period from April
1 to November 1 may be decreed to be a "refuse dump."
A building designed or used as the living quarters for one
or more individuals or families.
[Amended 4-21-2021 by L.L. No. 2-2021]
DWELLING, UNITA room or group of rooms providing complete housekeeping facilities for one family.
DWELLING, ONE-FAMILY/SINGLE-FAMILYA detached building containing one dwelling unit only.
DWELLING, TWO-FAMILYA detached building containing two dwelling units only.
DWELLING, MULTIPLEA building or portion thereof containing three or more dwelling units, including an apartment building.
The face or front of a building facing the major or principal
street.
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel,
and 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.
See "customary agricultural uses."
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous estates.
Any area of land, including any structure thereon, that is
used or designated to be used for the supply of gasoline or oil or
other fuel for the propulsion of motor vehicles and which may include
facilities used or designed to be used for polishing, greasing, washing,
spraying, dry cleaning or otherwise cleaning or servicing or repairing
such motor vehicles.
A room or suite of rooms, rented to a tenant for a fee, which
does not contain complete housekeeping facilities.
[Added 4-21-2021 by L.L. No. 2-2021]
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 thereon 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, servicing, adjusting or equipping of automobiles
or other motor vehicles.
An occupation for gain or support which is conducted only
by members of a family residing on the premises and conducted entirely
within the dwelling and which is clearly secondary to the use of the
dwelling for living purposes and does not change the character thereof.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall
be produced if the occupation is to qualify as a "home occupation."[3]
A business offering furnished rooms for rent and not meeting
the definition of "bed-and-breakfast," "boardinghouse," or "short-term
rental."
[Added 4-21-2021 by L.L. No. 2-2021]
A human being.
[Added 4-21-2021 by L.L. No. 2-2021]
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
The dividing line between the street and the lot.
A building in which at least four but not more than 10 sleeping
rooms are offered for rent and in which no table board is furnished.
A portion or parcel of land considered as a unit and devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use and the customary accessories
and open spaces belonging to the same.
See "area, lot."
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any line dividing one lot from another.
The mean width measured at right angles to its depth.
Includes accessory buildings.
Maximum building height shall not apply to belfries, church
spires, cupolas, penthouses and domes which are not used for human
occupancy, nor to chimneys, ventilators, skylights, water tanks and
necessary mechanical appurtenances usually carried above the roof
level, nor to barns, silos, monuments, transmission towers and similar
structure. Such features, however, shall be erected only to such height
as is necessary to accomplish the purpose for which they are intended.
Minimum yard dimensions shall apply to accessory buildings
and roofed porches, except for rear yards where accessory buildings
less than 700 square feet in area and 12 feet in height may be placed
within six feet of the rear lot line.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as a detached single-family residence
and which is intended to be occupied as permanent living quarters.
See "hotel, etc."
As defined in the New York State Vehicle and Traffic Law.
A building structure or land lawfully occupied at the time
of the adoption of this chapter by a use that does not conform to
the regulations of the district in which it is situated.
Any dwelling used for the accommodation and care of persons
with or recuperating from illness or incapacity where nursing services
are furnished.
An unoccupied space open to the sky on the same lot with
the building.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and driveways thereof.
An individual, partnership, tenant, church or similar organized
community of worship, company or corporation, but, except for a church
or similar organized community of worship, not an unincorporated association.
[Added 4-21-2021 by L.L. No. 2-2021]
Waste or discarded materials of any kind, organic or inorganic,
such as garbage, sewage, discarded machinery, vehicles or parts thereof.
A dwelling unit or furnished room(s) that is rented to a
tenant(s) for a period of less than 30 consecutive nights.
[Added 4-21-2021 by L.L. No. 2-2021; amended 9-20-2023 by L.L. No. 6-2023]
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any letter, word, model, banner, flag, pennant, insignia
device or representation used as or which is in the nature of an announcement,
direction or advertisement. A "sign" includes any billboard, but does
not include the flag, pennant or insignia of any nation or group of
nations or of any state, city or other political unit or of any political,
educational, charitable, philanthropic, civic, professional, religious
or like campaign, drive, movement or event. However, a sign, as defined
herein, shall not include a similar structure or device located within
a building.
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
ADVERTISING SIGNAny sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection. A "flashing sign" is any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
That portion 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 any floor and the ceiling
next above it.
A public or private way which affords the principal means
of access to abutting properties.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, other than public utility poles, wires and related
equipment.
A person renting a dwelling unit or furnished room.
[Added 4-21-2021 by L.L. No. 2-2021]
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures on a paid-admission
basis to patrons seated in automobiles.[4]
A building shall be deemed "unfinished" if it does not have
a permanent roof, completely enclosed outside walls with the finished
materials installed, all glazing in place and, if the building is
to be used for human occupancy, a permanent heating system with chimney
ready for operation and permanent electric service and sewage system
installed.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
An open unoccupied space on the same lot with a main building.
The depth or width of the yard shall be measured as the least distance
between the nearest covered portion of the building and the property
line.
[1]
Editor's Note: The former definition of "boardinghouse," which
immediately followed, was repealed 4-21-2021 by L.L. No. 2-2021.
[2]
Editor's Note: Said area to include living
and non-living space (e.g., bedrooms, closets, hallways), except that
basements not exceeding five feet five inches in height and crawl-spaces
shall not be included in calculating such area.
[3]
Editor's Note: the former definition of "hotel, motel, inn,
tourist cabin or auto court," which immediately followed, was repealed 4-21-2021 by L.L. No. 2-2021.
[4]
Editor's Note: The former definition of "tourist home," which
immediately followed, was repealed 4-21-2021 by L.L. No. 2-2021.
