PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE II, Terminology

§ 190-5. Word usage.

  1. Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural the singular.
  2. The word "person" includes a profit or nonprofit corporation, a company, partnership or individual.
  3. The word "shall" is mandatory and not directory; the word "may" is permissive.
  4. The word "lot" includes the word "plot" and the word "land."
  5. The word "structure" includes the word "building."
  6. The word "use" refers to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
  7. The word "used" refers to the actual fact that a lot or land, building or structure or part thereof is being occupied or maintained for a particular use.

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§ 190-6. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT -- A second dwelling unit, either in an existing single-family detached dwelling or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping. [Added 2-12-1991 by L.L. No. 5-1991]

ACCESSORY USE, BUILDING OR STRUCTURE -- A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse.

ACCESSORY VEHICLE -- Any vehicle, either self-propelled or towed, used for other than the primary means of transportation for an individual or family. [Added 2-12-1991 by L.L. No. 2-1991]

ALTERATION -- As applied to a building or structure, a change or rearrangement in this structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter," in its various modes and tenses and its participle form, refers to the making of an alteration.

AUTOMOBILE LAUNDRY -- A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an automobile laundry where such use is an accessory service to the principal service of the filling station.

BASEMENT -- A story partly underground but having less than half of its clear height below finished grade.

BED-AND-BREAKFAST -- An owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities for and serving food and drink prepared within the building to preregistered transient guests, which meets the requirements of Article III of this chapter. [Added 2-12-1991 by L.L. No. 4-1991]

BUILDING -- A structure with a roof supported by columns or walls having a horizontal area of more than 50 square feet.

BUILDING LINES -- The legally established lines within a lot in which Chapter 190, Zoning, allows development. The front setback line shall be measured from the existing or proposed highway right-of-way line. [Added 6-15-1998 by L.L. No. 4-1998]

CELLAR -- A story partly underground and having 1/2 or more of its clear height below finished grade.

CLUB, COUNTRY -- A club for golfing, tennis, hunting, fishing, horseback riding or similar sports.

CLUB, MEMBERSHIP, NONPROFIT -- The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations or for educational and cultural purposes.

CONDOMINIUM -- An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land facilities (common elements), is owned by all homeowners in the development. The owner has title to the individual dwelling and a shared interest in the common element. [Added 6-15-1998 by L.L. No. 4-1998]

COURT -- An open, unoccupied space, other than a yard, on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous.

COURT, DEPTH OF -- The maximum horizontal dimension at right angles with the width.

COURT, HEIGHT OF -- The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER -- A court enclosed on all sides by exterior building walls or by exterior walls and lot lines on which walls are allowable.

COURT, OUTER -- A court extending to a street line or opening upon any front, side or rear yard.

COURT, WIDTH OF -- The horizontal dimension parallel to the principal open side, in the case of an outer court, and the least horizontal dimension, in the case of an inner court.

CUSTOM WORK, SHOP FOR -- A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.

DAY-CARE CENTERS -- A child-care facility for more than six children, unrelated to the operator, which provides for the care, protection and supervision of a child for a period of less than 24 hours a day on a regular basis, which supplements parental care, enrichment and health supervision for the child, in accordance with his/her individual needs, and for which a payment, fee or grant is made for care. Such a use must conform to all the requirements regulating day-care by the State of New York and/or Monroe County Departments of Social Services. In the case where day-care centers are located in places of worship or schools and colleges accredited by the New York State Department of Education, those places of worship or schools and colleges shall be held liable for the operations and activities of these day-care centers. [Added 8-17-1992 by L.L. No. 6-1992]

DWELLING -- A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

DWELLING, MULTIPLE -- A building or portion thereof containing more than two dwelling units.

DWELLING UNIT -- One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

EASEMENT -- The lands created through authorization by a property owner for the use by another and for a specified purpose of any designated part of his property. [Added 6-15-1998 by L.L. No. 4-1998]

ENVIRONMENTAL PROTECTION OVERLAY DISTRICTS (EPOD) -- These districts and the regulations associated within them are designed to preserve and protect unique or sensitive environmental features within the Village, including, but not limited to, wetlands, steep slopes, floodplains, watercourses and woodlots. These regulations are not intended to be substituted for other general zoning district provisions, but should be considered as additional regulations to be met by the applicant or developer, prior to project approval.

FAMILY -- One or more persons living together as a single housekeeping unit. [Amended 9-16-1996 by Ord. No. 6-1996]

FENCE -- Any structure regardless of composition, except a living fence, that is erected or maintained along property lines. [Amended 7-21-1997 by L.L. No. 3-1997]

FILLING STATION -- A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.

FIRM -- The Flood Insurance Rate Map as prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector. [Added 6-15-1998 by L.L. No. 4-1998]

FLOOD LEVEL, ONE-HUNDRED-YEAR -- The highest level of flood that, on the average, is likely to occur once every 100 years, as determined in the United States Department of Housing and Urban Development Federal Insurance Administration Flood Insurance Study for the Village of Honeoye Falls. [Added 6-15-1998 by L.L. No. 4-1998]

FLOODPLAIN -- Any land area susceptible to be inundated by water from the base flood. That area designated as subject to flooding from the one-hundred-year flood on the Flood Boundary and Floodway Map prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector. [Added 6-15-1998 by L.L. No. 4-1998]

FLOODWAY [Added 6-15-1998 by L.L. No. 4-1998]:

  1. The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
  2. That area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector.

GARAGE, PARKING -- A building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.

GARAGE, PRIVATE -- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.

GARAGE, REPAIR -- A building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repairs of automobiles, light trucks (18,000 pounds or less) and trailers towed by said vehicles, or parts thereof, whether or not accessory or incidental to another use. [Amended 8-17-1992 by L.L. No. 7-1992]

HEIGHT OF STRUCTURE OR BUILDING -- The vertical distance measured from the average elevation of the proposed finished grade at the front building line to the highest point of the roof. [Amended 9-16-1996 by L.L. No. 6-1996]

HOME OCCUPATION -- Any gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence; provided that said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used; that there shall be no external evidence other than an announcement sign; that no mechanical or electrical equipment is used, except customary household equipment; and that no equipment, device or object shall be used which will cause line disturbances in the electric service so as to interfere with the reception of radio or television broadcast signals within the neighborhood or will produce offensive noise, vibration, smoke, dust, odors or glare. However, "home occupations" shall not be construed to include such uses as the following: clinics or hospitals; barber shops or beauty parlors; restaurants; breeding kennels; antique dealers;or repair garages or the adjustment, repair or maintenance of any combustion, electric or steam engines. [Amended 8-17-1992 by L.L. No. 7-1992]

HOME PROFESSIONAL OFFICE -- The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art or as a lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a teacher shall be restricted to a persons giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any persons professionally engaged in the purchase or sale of economic goods nor shall any equipment, device or object be used which will cause line disturbances in the electric service so as to interfere with the reception of radio or television broadcast signals within the neighborhood, or will produce offensive noise, vibration, smoke, dust, odor or glare. Dancing instruction, band instrument or piano, voice instruction, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory.

HOUSE TRAILER -- A movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration (see "mobile home").EN

INDUSTRY, LIGHT -- A use which has characteristics compatible with the rural character of the Village and should be appropriately sited, such as in industrial parks. Light industry may include manufacturing and production which utilizes previously prepared materials, but not those utilizing raw materials or any other process or activity which would result in or cause dissemination of excessive amounts of dust, smoke, gas, fumes, odors, noise, glare, vibration or any other nuisance to adjacent buildings or land, and which does not include any outdoor processing or materials or open accessory storage yards, unless completely enclosed by a solid wall or fence not less than six feet in height. [Added 6-15-1998 by L.L. No. 4-1998]

JUNKYARD -- Any land or structure or part thereof exceeding 300 square feet in area used for collecting, storage or sale of waste paper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in operating condition; or for the sale of the parts thereof.

LOT -- A parcel of land exclusive of street areas used or designed to be used by one permitted use or structure, or by a permitted related group of uses or structures, and the accessory uses or structures customarily incidental thereto, including such open spaces as are arranged or designed and required in connection with such structure or structures. A "lot" may or may not be the land shown as a single lot on a duly recorded plot or other official record.

LOT, AREA -- The total horizontal area included within lot lines.

LOT, CORNER -- A lot at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE -- The percentage of the area of the lot covered by a building or buildings.

LOT, INTERIOR -- Any lot other than a corner lot.

LOT, LINE -- Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.

LOT LINE, FRONT -- The street right-of-way line at the front of the lot. On a corner lot, the owner may specify the "front lot line" on the plot plan.

LOT LINE, REAR -- The lot line opposite to the front lot line.

LOT, THROUGH -- A lot extending from one street to another.

LOT WIDTH -- The dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth.

MOBILE HOME -- A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration (see "house trailer").

MOTEL -- A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as "tourist courts," "motor lodges," "auto courts" and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes. A "motel" shall not provide dwelling units.

NET AREA -- That area remaining after excluding required streets, roads and undeveloped open space, but including parking space, patios and developed open space. [Added 11-13-1972]

NONCONFORMING STRUCTURE -- A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional RegulationsEN of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

NONCONFORMING USE -- Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use RegulationsEN of this chapter for the district in which it is situated.

NURSERY SCHOOL -- A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features, such as Ferris wheels or roller coasters, and not furnishing sleeping quarters, except for the resident family.

OPEN SPACE -- An area that is intended to provide light and air and is designated for either environmental, scenic or recreational purposes. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel, as well as detention or retention ponds. In no event shall any area of a developable lot nor any part of an existing or future road or right-of-way be counted as constituting open space. [Added 6-15-1998 by L.L. No. 4-1998]

PARKING AREA -- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING SPACE -- A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

PERMITTED USE -- A specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.EN

PROHIBITED USE -- A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use.

RESEARCH INSTITUTE OR LABORATORY -- A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto. With respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a controlled industry.

SCREENING -- The method by which a view of one site from another adjacent site is shielded, concealed or hidden. "Screening" techniques include fences, walls, hedges, berms or other features. [Added 9-16-1996 by L.L. No. 6-1996]

SENIOR CITIZEN -- A person 62 years of age or over and may be either the tenant or cotenant. A person(s) younger than 62 years of age may reside with the senior citizen, provided that the person is considered a member of the household of the senior citizen. The term "senior citizen" also includes the elderly. [Added 10-3-1983 by L.L. No. 3-1983]

SIGN -- Any display of lettering, logos, colors, lights or illuminated neon tubes, visible to the public from outside a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either at the premises upon which the sign is located or on any other premises. [Amended 2-12-1991 by L.L. No. 3-1991; 3-6-1996 by L.L. No. 2-1996]

  1. ADDRESS SIGN -- One sign displaying the street number or name of the occupant of the premises, or both.
  2. AWNING SIGN -- A sign painted on or attached to the cover of a movable frame of the hinged-, roll- or folding-type of awning.
  3. BILLBOARD -- A freestanding sign larger than 32 square feet in gross area or a wall sign covering more than 10% of the area to which it is affixed which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than on the same lot where such sign is displayed or only incidentally sold, offered or existing upon such lot. [Amended 9-16-1996 by L.L. No. 6-1996]
  4. CONSTRUCTION SIGN -- An on-premises sign identifying the contractor, architect, landscape architect and/or engineer's name, address and other pertinent information.
  5. ERECT -- To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, including the painting of exterior wall signs.
  6. FACADE -- The exterior surface of a building.
  7. FLASHING SIGN -- A sign whose illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction or animation. A sign which indicates the date, time and temperature shall not be considered a "flashing sign."
  8. FOR SALE/RENT/LEASE SIGN -- An on-premises sign advertising the property being sold or rented.
  9. FREESTANDING SIGN -- A self-supporting sign not attached to any building, wall or fence, but in a fixed and permanent location. A portable or trailer-type sign shall not be a "freestanding sign."
  10. ILLUMINATED SIGN -- Any sign lighted by electrical bulbs, fluorescent lights or neon tubes. Neon tubes used as abstract, graphic, decorative or architectural elements shall constitute an "illuminated sign."
  11. LANDMARK SIGN -- A sign that has been in use for a minimum of 20 years and is of artistic or historic merit, uniqueness or extraordinary significance to the Village, as identified by the Village Planning Board.
  12. LINTEL -- The horizontal support member across the head of a door or window.
  13. MOVABLE SIGN -- A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels or supported by legs.
  14. MULTIPLE SIGNS -- A group of signs clustered together in a single structure or compositional unit. "Multiple signs" are used to advertise several occupants of the same building or building complex.
  15. OFF-PREMISES SIGN -- Any sign which is not on the premises of the business, including a billboard.
  16. ON-PREMISES SIGN -- Any sign that advertises, calls attention to or identifies the occupant of the premises or the business transacted thereon or advertises the property itself or any part thereof as for sale or rent.
  17. POLITICAL SIGN -- A sign designed to inform or influence the action of voters for the passage or defeat of a proposition or law, or the election of a candidate to a public office in a national, state or other local election.
  18. SIGN, PROFESSIONAL OR ANNOUNCEMENT -- A temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office or a public or semipublic building.
  19. PROJECTING SIGN -- A sign which is erected on a building or other structure and which extends more than six inches beyond the surface to which it is affixed.
  20. PUBLIC SERVICE SIGN -- A sign located for the purpose of providing directions towards or indication of use not readily visible from the street (e.g., rest rooms, telephone, etc.).
  21. ROOF SIGN -- A sign which is located above or projects above the lowest point of the eaves or the top of the parapet wall of any building or which is painted on or fastened to a roof.
  22. SANDWICH SIGN -- A handcrafted, portable sign made of wood with two separate sides, which are attached at the top, and the legs are the sides of the sign, and are situate on the sidewalk or ground and have a maximum size of 24 inches by 36 inches high.
  23. SIGNBOARD -- The horizontal board which stretches across the top of the street level store front facade and is an integral architectural feature of the building.
  24. TEMPORARY SIGN -- A sign intended to be used for a period of not more than 30 days.
  25. TEMPORARY SUBDIVISION SIGN -- A sign advertising, promoting or identifying the development of land for residential and/or nonresidential purposes.
  26. WALL SIGN -- Any sign which is erected on the exterior wall of a building and which extends not more that six inches from the surface of that building.
  27. WINDOW SIGN -- Any sign which is erected on a window, or within four feet of the window with the purpose or effect of identifying any premises from the sidewalk or street.

SPECIAL EXCEPTION USE -- A use in one or more districts for which the Board of Appeals may grant a permit, pursuant to the provisions of Article XIII. [Amended 12-11-1978 by L.L. No. 5-1978]

STREET -- Any federal, state, county or municipal highway or road, or any street shown upon a subdivision plat filed in the County Clerk's office.

STREET LINE -- The dividing line between a lot and a street right-of-way.

STRUCTURE -- Anything constructed or erected on or under the ground or upon another structure or building.

SUBDIVISION -- The division of a tract of land into two or more lots, building sites or other division for the purpose of sale, lease, transfer or building development. [Added 6-15-1998 by L.L. No. 4-1998]

SWIMMING POOL -- An artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.EN

VARIANCE -- A modification of the regulations of this chapter, reviewed in accordance with § 7-712-b of the Village Law. [Amended 9-16-1996 by L.L. No. 6-1996]

WALL -- A structure of wood, stones or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials, as in the cases of retaining walls or bulkheads.

YARD, FRONT -- An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building and the front lot line of the lot, and extending from side lot line to side lot line.

YARD, REAR -- A space on the same lot with a building, situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.

YARD, SIDE -- An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists to the rear yard or to the rear lot line where no rear yard exists.

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