For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; the singular number includes the plural and the singular; the word “building” includes the words “structure” and “premises”; the word “shall” is mandatory and not directory; the words “used” or “occupied” include the words “intended”, “designed”, or “arranged to be used or occupied”; the word “lot” includes the words “plot” or “parcel;” and the word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
ACCESSORY USE. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
ADULT ENTERTAINMENT BUSINESS. An ADULT BOOK STORE, ADULT MOTION PICTURE THEATER, ADULT DRIVE-IN MOTION PICTURE THEATER, or an ADULT ONLY ENTERTAINMENT ESTABLISHMENT as further defined in this section.
ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, videotape, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
ADULT MOTION PICTURE DRIVE-IN THEATER. An open air drive-in theater which is regularly used or utilizes 15% or more of its total viewing time, for presenting material distinguished or characterized by emphasis on matter depicting, describing, or related to ADULT MATERIAL as defined in this section.
ADULT MOTION PICTURE THEATER. An enclosed motion picture theater which is regularly used or utilizes 15% or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to ADULT MATERIAL as defined in this section.
ADULT ONLY ENTERTAINMENT ESTABLISHMENT. An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute “adult material” as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators, or similar entertainment or services which constitute ADULT MATERIAL.
AGRICULTURAL ACTIVITY. The use of land for agricultural purposes, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit, and nursery stock fish farms, fur bearing animal farms, the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses, such as machinery, farm equipment, and domestic repair and construction, but not including, commercial feed lots.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT. See DWELLING UNIT.
AUTOMOBILE SERVICE STATION. Any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including, the repairing or replacing or major overhaul of motors, bodies, or fenders of motor vehicles, painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.
BASEMENT. A story having part but not more than one-half of its height below grade. A BASEMENT is counted as a story for the purposes, other than by a janitor employed on the premises. (See also CELLAR.)
BOARDING HOUSE. A building, other than a hotel or apartment hotel, where, for compensation and by pre-arrangement for definite periods of time, lodging, meals, or lodging, and meals are provided for three or more persons.
BOTTOMLESS. Less than full opaque covering of male or female genitals, pubic area, or buttocks.
BUILDABLE AREA. The area of the lot left to be built upon after the required yards are provided.
BUILDING. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each portion so separated shall be considered a separate BUILDING.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof, or the average height between eaves and ridge for gable, hip, and gambrel roofs.
CELLAR. The part of a building having more than one-half of its height below the average grade of the adjoining ground. (See also BASEMENT.)
CLERK. The Clerk of Council of the Village.
CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
CLUB. Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMMERCIAL FEED LOT. An area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
COMMISSION. The Village Planning Commission.
CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the Board of Zoning Appeals in accordance with the provisions of this chapter.
COUNCIL. Village Council.
COURT. An open space more than one-half surrounded by buildings.
DISTRICT. A part of the village wherein application of these regulations is uniform.
DWELLING. Any building or portion thereof which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.
DWELLING, SINGLE-FAMILY. A building for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein, for owner occupancy or for rental, lease, or other occupancy on a weekly or longer basis, and containing independent cooking and sleeping facilities.
FARM. See AGRICULTURAL ACTIVITY.
FENCE. A structure for enclosure or screening.
FLOOR AREA. The total number of square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including, porches, garages, or space in a basement or cellar when such basement or cellar space issued only for storage or incidental uses.
GARAGE, PRIVATE. A detached accessory building or portion of a main building, including a carport, housing the automobiles of the occupants of the premises, but not commercial vehicles.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles.
GARAGE, STORAGE. Any building or premises used for housing motor-driven vehicles, including boats, motor homes, motorcycles, other than trucks over one ton and commercial vehicles.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises, no person is employed other than a member of the immediate family residing on the premises and no mechanical equipment is used except such as is customary for purely domestic household purposes.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.
INSTITUTION. A non-profit establishment for public use.
KENNEL. An establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale basis.
LANDSCAPED AREA. An area that is permanently devoted to and maintained for the growing of shrubbery, grass, and other plant material.
LEGAL ADVISOR. The legal counsel of the village.
LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.
LODGING or ROOMING HOUSE. See BOARDING HOUSE.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one main building together with its accessory buildings, open spaces, and parking spaces required by these regulations and having its principal frontage upon a road or street.
LOT, CORNER. A lot abutting upon two or more streets at their intersections.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT OF RECORD. A lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this Zoning Code.
LOT WIDTH. The width of a lot at the front yard line.
MANUFACTURED HOME or MODULAR HOME. Any non-self-propelled vehicle transportable in two or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a permanent dwelling unit with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems, and:
(1) Exterior siding shall be one or more combinations of material, such as brick, stone, stucco, clapboard or clapboard-simulated vinyl or metal, wood shingles, or shakes, and must extend to the ground level, or to the top of the foundation when a solid concrete or masonry perimeter foundation is used;
(2) The roof pitch shall have a two inch or more vertical rise for each 12 inches of horizontal run; and
(3) The roof shall have wood shingles, wood shakes, synthetic or composite shingle, ceramic tile, concrete tile, or asphalt or fiberglass shingles.
MOBILE HOME. A detached single-family dwelling unit designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels, designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
MOBILE HOME PARK. An area where one or more inhabited mobile homes are parked or intended to be parked.
MOTEL, MOTOR COURT, MOTOR LODGE, or TOURIST COURT. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with the garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients or automobile travelers.
NON-CONFORMING USE. The lawful use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is located.
NUDE or NUDITY. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
NURSING HOME. A home for the aged or infirm in which three or more persons, not members of the immediate family, are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine feet wide and 20 feet long, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
PREMISES. A lot together with all buildings and structures thereon.
ROOMING HOUSE. See BOARDING HOUSE.
ROWHOUSE. See TOWNHOUSE.
SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.
SEXUAL CONTACT. Any touching of an erogenous zone of another, including, without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
SEXUAL EXCITEMENT. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
SIGN. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.
(1) ADVERTISING DEVICE. Banners affixed on poles, wires, or ropes, and streamers, wind operated devices, flashing lights, and other similar devices.
(2) GROUND SIGN. Any sign erected, constructed, or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, and pictorial and reading matter when such sign is supported by two or more uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building.
(3) MARQUEE SIGN. Any sign affixed to a marquee over the entrance to a building and supported from the building.
(4) POST SIGN. Any letter, word, model sign, device, or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.
(5) ROOF SIGN. Any sign erected, constructed, or maintained upon the roof of any building.
(6) WALL SIGN. Any painted sign or poster on any surface or plane that may be affixed to the front, side, or rear wall of any building.
SIGN AREA. The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, and including the background structure or other decoration or addition which is an integral part of the ground structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign may have twice the total area of a single-faced sign.
STANDARD SHRUB. Any bush or small evergreen tree occupying a space of at least 18 cubic feet.
STANDARD TREE. A tree with a minimum caliper of two and one-half inches, measured at a point 12 inches above the actual or intended ground level of such tree, ten to 12 feet high, of a deciduous hard wood variety normally capable of attaining a 25-foot diameter when the tree is 20 years old.
STREET. A public way which affords the principal means of access to abutting property.
STREET CENTERLINE. A line half-way between the street lines.
STREET LINE. A dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, walls, fences, and signs.
TOPLESS. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
TOURIST HOME. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
TOWNHOUSE or ROWHOUSE. A building that has one-family dwelling units erected in a row as a single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.
TRAILER COURT. An area where one or more travel trailers are parked or intended to be parked.
TRAVEL TRAILER. A trailer, pick-up camper, tent trailer, converted bus, or other vehicle or similar device used for temporary portable housing.
USE. The purpose or activity for which the land or building thereon is designed, arranged, or intended or for which it is occupied or maintained.
VILLAGE. The Village of Wellsville.
YARD. Open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in these regulations.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots, the FRONT YARD shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the FRONT YARD may face either street.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.
YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
YARD, WIDTH AND DEPTH. The shortest horizontal distance from a lot line to the main building.
ZONING ADMINISTRATOR. The individual designated to administer the Zoning Code and who is responsible for the enforcement of the regulations imposed by such Zoning Code.
ZONING CODE. This chapter.
(Prior Code, § 154.06) (Ord. 95-3, passed 2-28-1995)