For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE or USE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
AGRICULTURE. Land, including necessary buildings and structures, that has as its principal use the raising or keeping of livestock or the growing of crops in the open.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit 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.
AREA, BUILDING. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
BILLBOARD. Any structure or portion thereof situated on private premises upon which are signs or advertisements containing written or pictorial information not directly related to the principal use of the land upon which it is located.
BOARD OF TRUSTEES. The Village Board of Trustees of the Village of Franklinville, County of Cattaraugus, New York.
BOARDING HOUSE. A dwelling in which more than three persons individually or as families are housed or lodged for hire with or without meals. A ROOMING HOUSE or a FURNISHED ROOMING HOUSE shall be deemed a BOARDING HOUSE.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements of this chapter have been complied with.
BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING HEIGHT. 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 deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING PERMIT. The permit issued by the Building Inspector authorizing the construction, extension or use of buildings.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this chapter.
COVERAGE. That percentage of the plot or lot area covered by the building area.
DUMP. 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, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING. A building or structure or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, but not including hotels, motels, boarding or other such use of a transient nature.
DWELLING, ACCESSORY USE, COMMERCIAL. One or two dwelling units or a multiple dwelling in a building or structure with commercial space, area or in a commercial district. At least 50% of the area on the first floor on the street front shall remain commercial nonresidential in such manner that 100% of the first floor facing the street shall be commercial non-residential. See § 152.029 district use regulations, B-1 commercial district special use table.
DWELLING, MULTIPLE. A dwelling which is either rented, leased, let or hired out, to be occupied or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boarding house, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, old age or nursing homes or residences. It shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family. In addition to the zoning laws of the village, a multiple dwelling must also comply with the provisions of N.Y. Mult. Dwelling Law Art. 1 et seq. and the definitions set forth therein.
DWELLING, SINGLE-FAMILY. A building or structure that contains one dwelling unit.
DWELLING, TWO-FAMILY. A building or structure that contains two dwelling units.
DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one family. Each dwelling unit shall have its own sleeping, cooking and toilet facilities.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or governmental agencies of collection, communication, transmission, distribution or disposal systems necessary for the furnishing of adequate public service or for public health, safety or general welfare, but not including buildings.
FAMILY. One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.
FARM. An area which is used for the growing of the usual farm products such as vegetables, fruit trees and grain, and for the packing or storage of the products produced on the premises, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, subject to distance limitations from residential property and not including the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry broilers, or laboratory animals such as mice, rats, rabbits and the like.
FENCE. A linear structure constructed using maintenance-free material, having a life span of 20 years or more. MAINTENANCE-FREE MATERIAL shall include chain-link, stone or concrete wall, vinyl, PVC and pressure-treated lumber. Rough-cut lumber or other untreated wood material is not deemed MAINTENANCE-FREE.
FLOOR AREA, GROSS. For the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to the use, including accessory storage areas located within selling or working space, such as counters, racks or closets, any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
GASOLINE or FILLING STATION. Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including major repairs, collision service or painting.
HOME OCCUPATION.
(1) An accessory use of a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of the secondary use.
(2) No HOME OCCUPATION shall be permitted without a special use permit of the Village Board.
(3) The Village Board is authorized to impose limitations on any proposed home occupation to ensure that there will be no interference with the normal peace and quiet of the neighborhood and its setting.
(4) The limitations must be reasonable, and may vary depending on the nature of the HOME OCCUPATION.
(5) The limitations may include, but are not necessarily confined to:
(a) Establishing a certain percentage of floor area to the occupation;
(b) Limiting the carrying of stock or merchandise;
(c) Limiting noise, fumes or dust;
(d) Controlling parking or access of commercial vehicles; and
(e) Any other reasonable limitation.
HOTEL, MOTEL, INN, TOURIST or AUTO COURT. An establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests, with no provision in the accommodations for cooking in any individual room or suite.
INSPECTOR, BUILDING. The administrative officer appointed by the Village Board of Trustees to enforce the provisions of this chapter.
JUNK YARD. A lot, land or structure or part thereof used primarily for the collection, exchange, storage, packing, disassembly and or sale of waste, scrap metal, paper, lumber, rags or similar materials, but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment or clothing; purchase or storage of used motor vehicles or salvaged machinery to be used for the purpose for which originally manufactured.
LINE, STREET. The dividing line between the street and the lot.
LOADING AND UNLOADING SPACE, OFF-STREET. An open hard-surface area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interferences with public streets and alleys. The space shall not be less than 12 feet in width, 65 feet in length and 14 feet in height, exclusive of access aisle and maneuvering space.
LOT. A portion or parcel of land considered as a unit, 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.
LOT AREA. The net area contained within lots lines.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT LINES. The property lines bounding a lot. The front LOT LINE shall be the right-of-way line of the street or highway giving access to the lot. In the case of a corner lot, the owner may designate either street LOT LINE as the front LOT LINE.
LOT OF RECORD. Any lot which individually or as a part of a subdivision has been officially recorded in the office of the Clerk of Cattaraugus County.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.
LOT, WIDTH. The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.
MANUFACTURING. The making of goods and articles by hand or machine process. Restricted MANUFACTURING shall be considered to be any manufacturing or industrial processing which by the nature of the materials, equipment and process utilized is to a considerable measure, clean, quiet and free of any objectionable or hazardous element. All MANUFACTURING permitted in any district shall comply with the performance requirements set forth herein.
MOBILE HOME. A vehicle or portable structure used for dwelling or sleeping purposes. A dependent mobile home is one which does not have a flush toilet and a bath or shower.
MOBILE HOME PARK. A plot or parcel of ground containing a minimum of two acres which is manifestly arranged and furnished to provide the space, facilities and access for mobile homes as required herein.
NON-CONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district or zone in which it is situated.
PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
PUBLIC USE. Public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.
RETAIL BUSINESS. Establishment where goods or services are sold or leased to consumers or businesses, excluding adult bookstores, adult entertainment establishments, licensed adult-use cannabis retail dispensaries and adult-use cannabis on-site consumption sites.
SEMI-PUBLIC USE. Churches, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
SIGN. Any advertisement, announcement, direction or communication produced in whole or part by the construction, erection, affixing or placing of a structure on any land or other structure, or produced by painting or posting on or placing any printed, lettered, figured or colored material on any structure or surface, but not including signs placed or erected by a village, town, city, county or state agency for the purpose of showing street names, directions, regulations or for other public purpose.
SPECIAL USE. Any use of land or buildings, or both, described and permitted herein, subject to the provisions of § 152.103 below.
SPECIALIZED ANIMAL RAISING AND CARE. The use of land and/or buildings for the raising and care of rabbits, dogs, birds, horses or other domestic animals of a similar nature.
STORY. The 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, then the space between the floor and the ceiling next above it.
STREET. A public or private way which affords the principal means of access to abutting properties.
STRUCTURAL ALTERATIONS. Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
USE. The purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied or maintained, let or leased.
UTILITY SHEDS. A structure for storage of only goods used in outside building or ground maintenance or repair, containing no more than 144 square feet, having a maximum height of ten feet, and located no closer than three feet to the back or side lot line and no closer to the street than the back side of the principal building on the lot, shall be allowed upon the issuance of a permit by the Building Inspector.
YARD. An unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONT. An open unoccupied space on the same lot with a building situated between the street line and a line connecting the parts of the building setting back from and nearest to the street line, and extending to the side lines of the lot.
YARD, REAR. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. The part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
ZONING BOARD OF APPEALS. The Zoning Board of Appeals of the Village of Franklinville, County of Cattaraugus, New York.
ZONING MAP. The map or maps incorporated into this chapter as a part hereof, designating Zoning Districts.
(Prior Code, § 12-4-3) (Ord. 1-1984, passed 1-23-1984; Ord. 1-2001, passed 5-2-2001; Ord. 2-2002, passed 2-26-2002; Ord. 1-2004, passed 8-9-2004; Ord. passed 3-14-2022; Ord. 3-2023, passed 7-10-2023)