For the purpose of this chapter, certain words
and terms used herein shall be defined as follows:
A.
All words used in the present tense include the future
tense.
B.
All words in the plural number include the singular
number, and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
C.
The word "person" includes an association, partnership
or corporation.
D.
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
E.
The word "building" includes the word "structure."
F.
"Lot" includes the words "plot," "parcel," "tract"
or "site."
G.
The word "premises" includes a lot and all buildings
or structures thereon.
H.
To "erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
I.
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
J.
"Shall" is mandatory and not discretionary; "may"
is permissive.
K.
"He" shall include the feminine gender "she" as well.
BOARD OF APPEALS — The Zoning
Board of Appeals of the Village of Albion.
The official designated by the Village Board of the Village
of Albion to enforce the provisions of this chapter and the New York
State Uniform Fire Prevention and Building Code in the Village.
The Planning Board of the County of Orleans.
The Orleans County Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Village.
The Planning Board of the Village of Albion.
The Village Board of the Village of Albion.
As used in this chapter, the following terms
shall have the meanings indicated:
A detached building or structure which:
Is customarily incidental and subordinate to
and serves a principal building;
Is subordinate in area, extent or purpose to
the principal building served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or use; and
Is located on the same parcel as the principal
building.
This definition shall include private garages
and carports.
A contributory use on the same lot and of a nature customarily
incidental and subordinate to the principal use and may include alternate
energy systems and home occupations.
Any business enterprise having as a substantial or significant
portion of its stock-in-trade books, magazines, pamphlets, pictures,
drawings, photographs, motion-picture films or sound recordings or
printed, visual and audio material of any kind, which are characterized
by their emphasis on the description or depiction of human male or
female genitals, pubic areas or buttocks with less than a full opaque
covering or specified sexual activities; or any business enterprise
having more than 10% of the total floor area of its establishment
devoted to the sale and display of such material.
Any business enterprise having as a substantial or significant
portion of its activity on any given day or night the presentation
of live shows, motion-picture films or sound recordings or similar
visual or audio material, which are characterized by their emphasis
on the description or depiction of human male or female genitals,
pubic areas or buttocks with less than a full opaque covering or specified
sexual activities; or any business enterprise serving food and beer,
wine or liquor whose entertainers or waiters and waitresses appear
in a state that displays male or female genitals, pubic areas or buttocks;
or any business enterprise that offers services requiring the client
or customer to display male or female genitals, pubic areas or buttocks,
except medical and health services establishments.
As applied to a building or structure:
The change or rearrangement in the supporting
members of a building or structure, such as bearing walls, columns,
beams or girders or in the exit facilities;
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
The moving from one location or position to
another; and
Any alteration whereby a structure is adapted
to another or different use, including any separation into rooms or
spaces by the installation of nonbearing partitions.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure. Current examples include windmills, solar collectors
and solar greenhouses, heat pumps or other related devices. For the
purposes of this chapter, this definition shall apply to individual
residences and businesses. Commercial generating plants are excluded.
Any indoor place or enclosure in which is maintained or operated,
for the amusement, patronage or recreation of the public, three or
more coin-controlled amusement devices, including the type commonly
known as "bagatelle," "baseball," "foosball," "pinball" and "video
games."
A business that treats and regularly houses animals on the
premises overnight and for extended periods for treatment.
A rooflike shelter, made of fabric and which may be retractable,
that extends over a doorway, window or the facade of a building in
order to provide protection, as from the sun or weather.
Any visual message incorporated into an awning attached to
a building.
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of grounds adjoining
the building.
A single-family dwelling where overnight lodging, with or
without the service of meals, is offered to transient guests for compensation.
This term includes hostels and tourist homes but does not include
hotels, motor lodge, tourist cabins or similar terms.
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or property.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The outer surface of a building which is visible from any
private or public street, highway, driveway or off-street parking
area, including window display areas.
The vertical distance measured, in the case of a building
with a flat roof, from the average elevation of the finished grade
level around the entire perimeter of the building to the level of
the highest point of the roof beams and, in the case of a building
with a pitched roof, from the average finished grade level to halfway
between the top of the plate and the ridge, but not including chimneys,
spires, mechanical penthouses, towers, tanks and similar projections.
A retail sales or service facility at which a product is
sold or a service is performed for customers while they are in their
motor vehicles in off-street parking or service areas. This term shall
include drive-in banking, drive-in photo processing, fast-food establishments,
restaurants, refreshment stands and similar uses. This term shall
not include retail fuel outlets, drive-in theater or car wash establishments.
Small commercial establishments (of less than 6,000 square
feet in gross floor area) catering primarily to nearby residential
areas and providing convenience goods and services, including but
not limited to grocery stores, drugstores, beauty salons, barbershops
and carryout dry-cleaning and laundry pickup stations.
A commercial establishment primarily providing services rather
than selling products.
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
A roofed structure without enclosing walls, used for the
storage of one or more motor vehicles.
A certificate issued by the Code Enforcement Official stating
that a structure or the use thereof is in compliance with this chapter.
A certificate issued by the Code Enforcement Official upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the NYS
Uniform Fire Prevention and Building Code.
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
Any organization catering to members and their guests or
a building or premises used for recreational, general, social or athletic
purposes not open to the general public. Clubs shall not be conducted
primarily for gain, and vending stands, merchandising or commercial
activities shall not be conducted except as required for membership
and purposes of such club. For the purpose of this chapter, this term
shall include religious organizations, lodges, fraternal organizations,
mutual benefit societies and other similar organizations.
A development of lots to be used for single-family residences,
each containing less area than the minimum lot area required for the
zone within which such development occurs, while maintaining the density
limitation imposed by said minimum lot area through the provision
of open space as part of the site development plan.
A building or groups of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners of individual units on a proportional undivided
basis. Condominiums are a form of ownership of units which may be
built in residential or non-residential districts. Condominiums are
governed under Article 9-B of the Real Property Law, also known as
the "Condominium Act" of the State of New York.
Any sign on which the visual copy may be periodically changed,
either manually or automatically.
Care provided for three or more children away from their
own home for more than three hours but less than 24 hours per day
per child, on a regular basis which care is provided with or without
compensation or payment.
A place which provides day care for seven or more children
away from their own homes.
Day care of not more than six children provided in a family
home.
Any change made to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, excluding
normal maintenance to farm roads.
Any sign limited to providing information on the direction
to an activity, business or event.
A sign that lists two or more business enterprises, consisting
of a matrix and sign components.
A roadway or aisle, with a maximum pavement width of 30 feet,
providing a means of access from a street to a property or off-street
parking area. An accessway may also be deemed a driveway.
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons. Structures
which do not have permanent or approved sanitary facilities shall
not be considered a residential dwelling. In addition, no basement
sited independently of a structure shall be used exclusively as a
dwelling.
One room or rooms connected together, designed for occupancy
by one family, for owner occupancy or rental or lease on a weekly,
monthly or longer basis, and physically separated from any other rooms
or dwelling units which may be in the same structure and containing
independent cooking and sleeping facilities.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities or public receiving
and retransmission of communications signals.
A lot or land area or part thereof used for the purposes
of extracting stone, sand or gravel for sale, as an industrial or
commercial operation, but which does not include the process of grading
a lot preparatory to the construction of a building which has an approved
zoning permit.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
An enclosure, barrier or boundary made of posts, boards,
wire, stakes, rails, plastic, chain link mesh or similar type materials,
including landscaping, which prohibits or inhibits unrestricted travel
or view between properties or portions of properties or between the
street or public right-of-way and a property.
See "retail fuel outlet."
For the purpose of applying the requirements for off-street
parking and loading, in the case of offices, merchandising or service
types of uses, the total floor area to be used or intended to be used
by tenants or for service to the public as customers, patrons, clients
or patients, including areas occupied by fixtures and equipment used
for display or sales of merchandise. It shall not include areas used
principally for nonpublic purposes, such as storage, incidental repair,
rest rooms, fitting or alteration rooms or general maintenance or
enclosed pedestrian malls or corridors.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business.
Any 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.
All of the property abutting a road, street or thoroughfare,
measured along the road, street or thoroughfare line.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit.
Any garage, other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, recreational
vehicles, boat and other tangible personal property.
See "retail fuel outlet."
Any occupation or profession customarily conducted entirely
within a dwelling or a building accessory to the dwelling by the inhabitants
thereof, which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
A home occupation shall not be interpreted to include the following:
commercial stables and kennels, restaurants, musical and dancing instruction
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles.
An individual who resides in a dwelling unit and who owns,
rents or otherwise has a legal possession of such unit.
Any sign illuminated, either from the interior or exterior
of the sign, by electricity, gas or other artificial light, including
reflective or phosphorescent light, paint or tape.
An area, lot or unenclosed shed where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled or abandoned, including auto wrecking or dismantling
yards, house wrecking yards, used lumber yards and places or yards
for use of salvaged house wrecking and structural steel materials
and equipment, but not including pawn shops and establishments for
the sale, purchase or storage of used furniture, household equipment
and clothing, for the processing of used, discarded or salvaged materials
as part of manufacture operations, or for the sale, purchase or storage
of used motor vehicles or salvaged machinery to be reused for the
purpose for which originally manufactured.
[Amended 8-14-2002 by L.L. No. 4-2002]
Any lot or premises on which three or more domestic animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required off-street loading space is
not to be included as off-street parking space in the computation
of required off-street parking area.
A parcel of land at the junction of and fronting on two or
more intersecting streets, roads or thoroughfares.
An interior lot having frontage on two parallel or approximately
parallel streets, roads or thoroughfares.
A parcel of land, the dimensions and extent of which are
determined by the latest official records or recordings.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
The mean distance from the front lot line to the rear lot
line, measured in the general direction of the side lines of the lot.
The width of a lot measured along the front lot line. The
front of a lot shall be construed to be the portion nearest the highway.
For the purpose of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
front yards.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The width of the lot between side lot lines at the front
setback line.
The use of an area of land to remove minerals, metals or
other items of value from the ground for a profit, including gas and
oil wells.
A factory-manufactured dwelling, built on a permanent steel-framed
chassis and designed to be transported to a site in one or more sections,
which is intended to be used as permanent living quarters by a single-family
unit when connected to the required plumbing, heating and electrical
utilities. For the purposes of this chapter, the removal of transport
wheels and/or the anchoring of the home to a permanent foundation
shall not remove it from this definition. This term shall include
double-wide mobile/manufactured homes.
Any site, lot, field, plot, parcel or tract of land on which
two or more mobile/manufactured homes are parked or located and for
which either said premises or mobile/manufactured homes are offered
to the public for a fee of any type, including cost sharing. This
includes the rental of the said premises and/or the mobile/manufactured
homes.
A factory-manufactured dwelling having no permanent support
frame and designed to be transported to a site in one or more sections
for erection, construction or installation as a permanent structure.
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for transient guests. Accessory facilities, such as restaurants, meeting
rooms, retail business activities and other similar services, are
included in this definition. The term "motel" includes buildings designated
as auto cabins, auto courts, motor lodges, tourist courts, hotels
and similar terms.
Any vehicle designed to be propelled or drawn by power other
than muscle power. This term shall include automobiles, trucks, buses,
motorcycles, tractor-trailers, boats, motor homes, snowmobiles, garden
and lawn tractors.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles for compensation.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A residential building designed for or occupied by three
or more families living independently of each other with the number
of families in residence not exceeding the number of dwelling units
provided.
A lot, building or structure legally existing at the time
of enactment of this chapter or any amendment thereto and which does
not conform to the area regulations of the district or zone in which
it is located, as specified in this chapter.
A sign which exists at the time of enactment of this chapter
and which does not conform to the regulations and restrictions imposed
herein.
A use of land legally existing at the time of enactment of
this chapter or any amendment thereto and which does not legally conform
to the regulations of the district or zone in which it is located,
as specified in this chapter.
A sign which directs attention to a business, profession
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
An off-street area, with an appropriate means of vehicular
access to a street, intended for the temporary storage of vehicles.
Space available for the parking of one motor vehicle and
having area dimensions of not less than 9 by 20 feet, exclusive of
passageways and driveways giving access thereto.
A land use allowed under the regulations of this chapter.
A sign that is designed and intended to be transported from
place to place and is not permanently affixed to the ground or to
a building or structure. Portable signs may or may not have wheels.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
The office or place of business where professional services
are offered and does not primarily involve the sale of goods or the
keeping of a stock-in-trade. Professional offices include but are
not limited to medical doctors, dentists, surgeons, attorneys, architects,
engineers, planners, accountants, real estate brokers, insurance brokers,
psychologists and chiropractors.
A specific activity performed by a qualified person(s) which
requires training and/or specialized study.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
Includes but is not limited to any one or more of the following
uses, including grounds and accessory buildings necessary for their
uses:
Churches, places of worship, parish houses and
convents.
Public parks, including playgrounds, golf courses
and recreational areas when authorized or operated by a governmental
authority.
Nursery schools, elementary schools, high schools,
colleges or universities.
Day-care centers approved by the New York State
Department of Social Services.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes for adults
and homes for the aged as the same are defined under the Public Health
Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
Not-for-profit membership corporations established
for cultural, social or recreational purposes.
The sum of all open or covered areas in a residential development
used for recreation purposes.
A three-dimensional sign built so as to physically represent
the object advertised.
Any establishment, however designated, at which food or drink
is sold for consumption by patrons seated within an enclosed building
or on the premises.
Any establishment that sells gasoline, diesel, kerosene,
propane or similar fuels to the public. This includes service stations,
convenience stores, car washes or any other facility that sells fuels.
Land set aside for use as a street, alley or other means
of travel.
Any sign constructed on or supported by the roof of any building
or structure.
A dish-shaped accessory structure capable of receiving, for
the sole benefit of the principal use, radio or television signals
from a satellite in planetary orbit or other source.
The required open space between the front lot line and the
front of the main structure, but not including entrance steps.
The required open unoccupied space measured from the rear
lot line to the nearest part of the main or accessory structure.
The required open unoccupied space measured from the side
lot lines to the nearest part of the main or accessory structure.
Any material, structure or device or part thereof composed
of letter 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 person
or business or cause when such is in view of the public.
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.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
The supports, uprights, bracing and framework for the sign.
In the case of the sign structure consisting of two or more sides
where the angle formed between any two of the sides or the projection
thereof exceeds 30°, each side shall be considered a separate
sign structure.
A detached residential dwelling designed for and occupied
by only one family.
A plan of a lot or subdivision on which is shown topography,
location of all existing and proposed buildings, structures, roads,
rights-of-way, boundaries, all essential dimensions and bearings and
any other information deemed necessary by the Planning Board (also
referred to as "site development plan").
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
Space open to the sun and clear of overhangs or shade.
Those particular uses which are specifically permitted in
a given district only when the specific criteria enumerated in this
chapter are met.
Includes horses, cows, goats, sheep, pigs, rabbits, fowls
and other similar animals.
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. For example, structures include buildings, mobile homes, walls,
fences, signs, sheds, billboards and poster panels, docks and/or similar
construction types.
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.
Any body of water or receptacle for water, having a capability
of a depth of 18 inches or more at any point, used or capable of being
used for swimming, bathing or wading and installed or constructed
either above or below ground.
Any establishment, licensed by the State of New York, that
engages in the sale for on-premises consumption of alcoholic beverages.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease or other special events on
a temporary basis.
An activity or use conducted for a specified limited period
of time, not exceeding six months. This term shall include those uses
incidental to construction projects, festival tents/refreshments stands,
temporary real estate sales offices incidental to a subdivision project
and similar type uses.
Includes any structure, including dish antennas, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as or for the support of devices to be used for
the transmission and/or reception of radio frequency signals, such
as but not limited to broadcast, shortwave, citizens band, FM or television
signals or wind-driven devices, such as energy converters and wind,speed
and/or direction indicators.
A detached building containing two dwelling units, designed
for occupancy by not more than two families. This term shall include
duplexes.
A use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled
as to number, area, location or relating to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a special permit use only if specific provision for such
special permit use is made in this chapter.
A variance is any departure from these regulations granted
by the Zoning Board of Appeals as it applies to a particular piece
of property. Variances run with the land and are not particular to
any one landowner.
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 this chapter.
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by this chapter.
See "amusement center."
The official appointed to the position of Village Clerk of
the Village of Albion.
A sign which is painted on or attached to the outside wall
of a building or structure 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.
A sign, visible from a sidewalk, street, off-street parking
area 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.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front line. (See also "setback, front.")
An open space extended across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot and unoccupied except for accessory building and open porches.
In the case of corner and through lots, there will be no rear yards
but only front and side yards. (See also "setback, rear.")
The temporary displaying of household items and clothing
for sale on a yard or porch or in a barn or garage. This term shall
include garage sales, barn sales, porch sales and sales similar in
nature.
An open space extending between the side building line and
the nearest side lot line, situated between the front and rear yards.
(See also "setback, side.")
A permit issued by the Code Enforcement Official authorizing
the construction and/or use of lots and structures and the dimensions
and characteristics of such lots and structures in conformity with
this chapter.
