§ 216-4. Definitions.

Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated:

ACCESSORY BUILDING

A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

AGRICULTURAL PRODUCTS

Products planted in and springing directly from the soil.

ALTERATION

As applied to a building or structure, any change or rearrangement of the structural parts of a building or structure which shall include changes or rearrangement of the interior and exterior of such building or structure; extension on any side or increase in height of any such building or structure; and moving from one location to another. It does not include ordinary repairs.

BUILDING AREA

The aggregate of the maximum horizontal cross-sectional area of the buildings on a lot, excluding cornices, eaves, gutters or chimneys, projecting not more than 18 inches, steps, one-story open porches, bay windows, not extending through more than one story and not projecting more than five feet, balconies and terraces.

BUILDING VOLUME

Computed by combining the visible exterior dimensions of length, width and height from the mean grade of all dwellings and other buildings located on a lot, including roofed-over areas, whether enclosed or unenclosed, and all dormers, except that only 50% of the volume that is under the roof and above the bottom of the roof soffit shall be included, but in no case shall the fifty-percent reduction in volume apply to that portion of a structure between mean grade and 10 feet zero inches above grade. In addition, any unenclosed area under a roof overhang which extends no more than four feet beyond the face of an exterior wall shall not be included in computing building volume. Mean grade shall be determined at various sections of each building in the discretion of the Building Inspector, based upon exterior visibility.

CORNER LOT

A parcel of land at the junction of and fronting on two or more intersecting streets.

COURT

An open, unoccupied space other than a yard on the same lot as a building. A court or offset, shallower than the width of its open side, shall be considered to be a part of the open space on which it abuts.

DEPTH OF AN OUTER COURT

The distance which it projects into the building from the outer wall thereof. The width of an outer court is its other horizontal dimension.

DEPTH OF LOT

The mean distance from the line from which the front yard depth is measured to the rear lot line, measured in the general direction of the side lines of the lot.

EXTERIOR TREATMENT OF A DWELLING

The distinct variety of treatment, such as fenestration and materials of fenestration, roof lines and materials of weather roofing, treatment of entrance, entries to garage, orientation of buildings to plot, exterior colors and materials, cornice treatment, style of architecture, dormers and their roof treatment, the varied uses of trellises, pergolas, sun screens and terraces, the use of cupolas, dovecotes, blinds, pitch of roof line and multiple stories.

FAMILY

A. 

Any number of individuals related by blood, marriage, legal adoption or guardianship, along with nonpaying guests and servants living together and sharing meals in a domestic relationship as a single housekeeping unit; or a group of persons occupying a dwelling unit and living together and sharing meals in a domestic relationship as a traditional family or the functional and factual equivalent of a traditional family.

B. 

It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional and factual equivalent of a traditional family.

C. 

In determining whether individuals who are living together are the functional and factual equivalent of a traditional family, the following criteria must be present:

(1) 

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.

(2) 

The group shares the entire dwelling unit and live and cook together as a bona fide single housekeeping unit. A unit in which the various occupants act as separate roomers shall not be deemed to be occupied by the functional and factual equivalent of a traditional family.

(3) 

The group shares expenses for food, rent or ownership costs, utilities and other household expenses.

(4) 

The group is permanent and stable. Evidence of such permanency and stability may include:

(a) 

The presence of minor dependent children regularly residing in the household who are enrolled in local schools.

(b) 

Members of the household have the same address for the purposes of voter's registration, driver's license, motor vehicle registration and taxes.

(c) 

Members of the household are employed in the area.

(d) 

The group has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units.

(e) 

Common ownership of furniture and appliances among the members of the household.

(f) 

The group is not transient or temporary in nature.

(5) 

Any other factor reasonably related to whether or not the group is the functional and factual equivalent of a family.

FARM

Any parcel of land containing 10 acres or more which is used for gain in the raising of agricultural products and/or purebred cattle, with incidental livestock and poultry. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes, among other things, the raising of fur-bearing animals, riding academies, boarding stables and the principal use of dog kennels, poultry raising and dairying.

FRONT LINE OF LOT

The street line, except where the length of the street line is less than the minimum required lot width, in which case the front line shall be a line approximately parallel to the street line, equal in length to at least the minimum required lot width and completely contained within the lot.

FRONT YARD

A yard across the full width of the lot extending from the front wall of the main building to the front line of the lot. The minimum depth of a front yard, as required for the district in which the lot is located, shall be met from all street lines of the lot.

[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]

HEIGHT OF BUILDING

The vertical distance, measured, in the case of flat roofs, from the curb level, where it has been established in business districts, to the highest point of the roof at the street wall or, in other cases, the vertical distance from the mean level of the ground surrounding the building to the highest point of the roof at the street wall. In the case of pitched roofs, it is measured to the top of the highest ridge.

ILLUMINATED SIGN

Any sign which gives forth artificial light by electricity, gas or phosphorescent light from a source of light connected to the sign or part of the sign structure.

INNER COURT

An open, unoccupied space on the same lot with the building, not extending to either the street or the rear yard.

INTERIOR LOT

A lot other than a corner lot.

LOT

A portion or parcel of land considered as a unit devoted or to be devoted to a certain use or occupied or to be occupied by one main or principal building and accessory buildings and uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are used or to be used in connection with such buildings.

LOT AREA; BUSINESS DISTRICTS

The area of the lot shall be measured only to the street line or lines on which the lot abuts.

LOT AREA; RESIDENCE DISTRICTS

The area of the lot shall be measured only to the street line or lines on which the lot abuts or to the line of a right-of-way, as defined in this section, on which the lot abuts; it shall not include:

A. 

Any area lying within or on the opposite side of any such street or right-of-way.

B. 

In BB Residence Districts, any area where the width of the lot is less than 100 feet.

C. 

In B Residence Districts, any area where the width of the lot is less than 75 feet.

D. 

In A Residence Districts, any area where the width of the lot is less than 30 feet.

E. 

In B-4 Residence Districts, any area where the width of the lot is less than 150 feet.

F. 

In all residence districts, any area on which a pond is situated to the extent that the portion underwater, measured at the high-water mark, exceeds 10% of the minimum area for the district in which the lot lies.

MULTIPLE-FAMILY DWELLING

A building designed for occupancy by two or more families, living independently of each other.

NONCONFORMING BUILDING OR USE

One that does not conform with the regulations of the use district in which it is situated.

NONRESIDENCE BUILDING

Any building or structure other than a residence building.

NOT-FOR-PROFIT SCHOOL

A building or property whose principal purpose and use is as a not-for-profit place of education providing regular instruction for at least five days each week and for at least seven months of each year, and having a curriculum approved by the Board of Regents or the New York State Education Department (but not including a school or college giving special or limited instruction, e.g., a business, art, music, dancing, automobile or riding school).

NURSERY (HORTICULTURAL)

The cultivation of fruit trees, young trees and shrubs.

OUTER COURT

An open, unoccupied space on the same lot with a building, extending to either the street or the rear yard.

PEAKED ROOF

A type of roof, or portion thereof, where the sides of the roof meet at a ridgeline.

PLACE OF WORSHIP

A building or property whose principal purpose and use is as a place of prayer, together with such other uses of a minor nature which are clearly and customarily incidental and accessory to the prayer use and are specifically permitted by the Village Board of Trustees in connection with the issuance of the special exception.

PRIVATE GARAGE

A building used for the storage of one or more automobiles or trucks owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot and for the storage of not exceeding two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobile or automobiles of the owner or tenant are stored.

PUBLIC GARAGE

A building, other than a private garage, one or more stories in height, used for the storage or repair of automobiles.

REAR YARD

A yard across the full width of the lot from the rear wall of the main building to the rear line of the lot.

RELIGIOUS USE

A use of building or property whose principal purpose is prayer or worship.

RESIDENCE BUILDING

Any house or building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place for one or more persons.

RIGHT-OF-WAY

Includes a lane or alley and means an area of an owner's land over which another person or another owner or owners of land, their vehicles, their animals, their guests, tradesmen and servicemen and their vehicles, any of the foregoing singly or in any combination thereof, has the right to pass or repass. It shall not include water, gas, electrical and telephone line easements for service to the owner's land.

SIDE YARD

A yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot.

SINGLE-FAMILY DWELLING

A dwelling designed for and to be occupied exclusively as a home or residence for not more than one family.

STREET LINE

The dividing line between the street and the lot.

STRUCTURE

Any combination of materials forming any construction and including, but not limited to, among other things, satellite antennas, solar heating devices, tennis courts, stadiums, tents, trailers (whether movable or stationary), reviewing stands, platforms, porches, staging, observation towers, radio and television towers and antennas, gasoline pumps, wells, standpipes, outside bins, pools, man-made ponds, man-made waterfalls, walls, fences, trellises, pergolas, gates and gateposts, signs, transmission lines, towers and poles. The word "structure" shall be construed as though followed by the words "or part thereof."

TWO-FAMILY DWELLING

A building designed for and to be occupied exclusively as a home or residence for not more than two families.

USABLE FLOOR AREA

The interior portion of a building designed for living, including closet space; it shall not include the outside walls, attic space, unfinished and used for storage only, or, if accessible only by a ladder or pulldown stairs, attached or built-in garage space, open or enclosed unheated porches and terraces. In the basement it shall be construed to mean all finished floor area, complying with § 216-117, not more than four feet below the average adjoining finished grade of the ground adjoining the building, having clear headroom of 7 1/2 feet or over; on the first floor it shall be construed to mean all finished floor area having clear headroom of 7 1/2 feet or over, including partitions and stairwells; on the second floor, all finished floor area having clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet with the side wall not less than 5 1/2 feet in height, including partitions and stairwells.

WIDTH OF LOT

The mean distance between the side lines of the lot, measured perpendicular to the lot depth, between the lot line from which the front yard depth is measured and the rear line of the lot.

YARD

An open, unoccupied space on the same lot with the main building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

Amended 1-21-1980 by L.L. No. 1-1980; 12-15-1980 by L.L. No. 13-1980; 11-15-1982 by L.L. No. 8-1982; 10-21-1985 by L.L. No. 9-1985; 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987; 5-17-1993 by L.L. No. 3-1993; 7-21-1997 by L.L. No. 5-1997; 7-18-2000 by L.L. No. 4-2000; 3-19-2001 by L.L. No. 3-2001; 3-19-2001 by L.L. No. 4-2001; 10-18-2004 by L.L. No. 2-2004; 2-20-2007 by L.L. No. 1-2007; 2-22-2011 by L.L. No. 1-2011; 8-15-2016 by L.L. No. 6-2016; 4-15-2019 by L.L. No. 5-2019