Adopted by the Board of Trustees of the Village of Fredonia 10-8-2001 by L.L. No. 3-2001. Amendments noted where applicable

This area is commonly referred to as the "base floodplain" or "100-year floodplain." applicable to Flood Damage PreventionRegulations only.4 AREA, LAND — When referring to the required

Chapter 297

ZONING

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 10-8-2001 by L.L No

3-2001 1 Amendments noted where applicable.]

GENERAL REFERENCES Animals — See Ch 89.

Unsafe buildings — See Ch 105.

Environmental quality review — See Ch 135.

Fire prevention and building construction — See Ch 151.

Housing standards — See Ch 179.

Property maintenance — See Ch 223.

Sewers — See Ch 237.

Sidewalks — See Ch 240.

Subdivision of land — See Ch 260.

Trailer parks — See Ch 269.

Trees — See Ch 273.

Part 1 Scope and Application

(1) Words in the present tense include the future;

(2) Words in the singular include the plural and the plural the singular;

(3) The word "shall" is intended to be mandatory;

(4) The word "lot" shall include the word "plot" or "parcel";

(5) The word "person" shall include an individual, firm or corporation;

(6) The words "used" or "occupied," as applied to any land or building, shall beconstrued to include the words "intended, arranged or designed to be used oroccupied";

(7) A building or structure includes any part;

1 Editor's Note: This local law also repealed former Ch 297, Zoning, adopted 9-8-1969, as amended

(8) The word "and" indicates that all connected items, conditions, provisions or eventsshall apply;

(9) The word "or" indicates that the connected items, conditions, provisions or eventsmay apply singly or in any combination;

(10) The words "either or" indicate that the connected items, conditions, provisions orevents may apply singly but not in any combination.

B Any question as to the precise meaning of any word used in this chapter may be appealed

to the Zoning Board of Appeals and clarified under their powers of interpretation.

ACCESSORY BUILDING — A subordinate building located on the same lot with the mainbuilding, occupied by or devoted to an accessory use Where an accessory building is attached tothe main building in a substantial manner, as by a wall or roof, such accessory building shall beconsidered part of the main building.

ACCESSORY STORAGE BUILDING — A subordinate storage building located on the samelot with the main building, occupied by or devoted to storage (workshop or shed).

ACCESSORY USE OF BUILDING — A use customarily incidental to the use of a building fordwelling purposes, not occupying more than 25% of the total aboveground floor area of the mainbuilding thereof, and including:

A The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, accountant,architect, engineer or teacher residing on the premises, provided that there is no advertisingdisplay visible from the street other than a small professional nameplate The above shallnot be interpreted to include the office or place of business of a mortician.

B Customary home occupations, provided that there is no display of goods visible from thestreet, there is no exterior advertising, other than an unlighted sign not over two square feet

in area, and that such occupation is conducted in the main building by a person or personsresiding therein Customary home occupations shall not be construed to include thosewhich require the presence of the customer on the premises for the performance of theoccupation or those which require the presence in the home of machinery or equipmentnormally associated with commercial or industrial activities.

ADULT BOOK/VIDEO/MEDIA STORE — An establishment having as its stock-in-trade,books, magazines, videos and other periodicals which are distinguished or relating to specifiedsexual activities or specified anatomical areas, as defined below, or an establishment with asegment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT FACILITIES — Means and refers to any one or more of thefollowing: any adult/video/media store, including adult newsracks, adult bookstores, adultmotion pictures, exotic cabarets and sexual devices stores Such facility shall constitute an adultentertainment facility even though it may not derive a significant part of its revenues or may nothave a significant portion of its stock-in-trade devoted to such facility or store. [Amended 7-26-

2004 by L.L No 4-2004]

ADULT HOME — A residential setting for five or more persons having rooms with residentialservices (meals, housekeeping, laundry, etc.) under twenty-four-hour supervision for assistancewith activities of daily living provided by a person(s) working within the facility A facilitywherein the occupants, by virtue of age or physical disability, require such twenty-four-hoursupervision.

ADULT MOTION-PICTURE/VIDEO THEATER — An enclosed building used for presentingmaterial distinguished or characterized by an emphasis on matter depicting, describing orrelating to specified sexual activities or specified anatomical areas, as defined below, forobservation by persons within the use.

A SPECIFIED SEXUAL ACTIVITIES:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or femalebreasts.

B SPECIFIED ANATOMICAL AREAS:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocksand female breast below a point immediately above the areola;

(2) Human male genitals in a discernibly turgid state, even if completely and opaquelycovered.

ADULT NEWSRACK — Any machine or device, whether coin-operated or not, whichdispenses material which is distinguished or characterized by emphasis depicting, describing orrelating to the specified sexual activities or specified anatomical areas defined in this article. AGRICULTURE — The production of crops or plants or vines or trees (excluding forestryoperations).

ALLEY — A public way having a right-of-way width of 20 feet or less.

ANTENNA — A system of electrical conductors that transmits or receives radio frequencywaves Such waves shall include, but not be limited to, radio-navigation, radio, television andmicrowave communications The frequency of these waves generally ranges from 10 hertz to300,000 megahertz.

APPEAL — A request for a review of the Zoning Enforcement Officer's interpretation of anyprovision of the Flood Damage Prevention Regulations or a request for a variance (applicable toFlood Damage Prevention Regulations only)2

AREA OF SHALLOW FLOODING — A designated zone on a FEMA map with a or-greater annual chance of flooding to an average annual depth of one to three feet where aclearly defined channel does not exist, where the path of flooding is unpredictable and wherevelocity flow may be evident Such flooding is characterized by ponding or sheet flow(applicable to Flood Damage Prevention Regulations only).3

one-percent-AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within the Village subject

to a one-percent-or-greater chance of flooding in any given area This area is commonly referred

to as the "base floodplain" or "100-year floodplain." (applicable to Flood Damage PreventionRegulations only).4

AREA, LAND — When referring to the required area per dwelling unit, net land area, the areaexclusive of street and other public open space.

AREA, TOTAL FLOOR — The sum of the areas of the several floors of a building, includingareas used for human occupancy in basements, attics and penthouses, as measured from theexterior faces of the walls It does not include cellars, unenclosed porches or attics not used forhuman occupancy or any floor space in accessory buildings or in the main building intended anddesigned for the parking of motor vehicles in order to meet the parking requirements of thischapter or any such floor space intended and designed for accessory heating and ventilatingequipment It shall include the horizontal area of each floor level devoted to stairwells andelevator shafts.

ASSISTED-LIVING FACILITY — A structure, which may include shared services andfacilities, which is occupied by three or more persons and which is either designed principally forhousing for the aged where specific age limits are prescribed by public or private regulatory oradministrative agencies, or designed for occupancy by persons who, by reason of age, senility,dementia or physical capabilities, are dependent upon varying levels of nonmedical care or

2 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

3 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

4 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

supervision This term shall include, by way of illustration, enriched housing facilities regulated

by New York State laws and/or regulations but shall exclude nursing homes, homes for prenatalcare, convalescent homes, hospitals, clinics, mental health facilities, and similar institutionsdevoted primarily to the diagnosis and/or treatment of disease or injury.

AUTO BODY REPAIR STATION — A business premises designed and used for the repair orrefinishing of motor vehicles including painting and body work.

AUTOMATIC COIN LAUNDRY AND/OR DRY CLEANER — A business premises equippedwith individual clothes washing and/or cleaning machines for the principal use of retailcustomers.

AUTOMOBILE SERVICE OR REPAIR STATION — A service station with at least onedispenser island or providing repair services, including, but not limited to, tune-ups, enginerepair, brake work, muffler replacement, tire repair or similar activities.

AUTOMOBILE OR TRAILER SALES AREA — An open area, other than a street or publicplace, used for the display, barter, purchase, sale or rental of new or used motor vehicles ortrailers and where no repair work is done, except minor incidental repair of vehicles to bedisplayed, sold or rented on the premises.

AUTOMOBILE WASH — An establishment for the washing of motor vehicles as a principaluse.

AUTOMOBILE WRECKING — The dismantling or wrecking of used automobiles or thestorage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts. BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in anygiven year (also called the "100-year flood") (applicable to Flood Damage PreventionRegulations only).5

BASEMENT — That space of a building that is partly below grade which has more than half ofits height, measured from floor to ceiling, above the average established curb level or finishedgrade of the ground adjoining the building.

BED-AND-BREAKFAST — Owner-occupied one-family dwelling used for providing term overnight accommodations (not to exceed 14 days) and a morning meal to not more than 10transient lodgers, containing at least three but not more than five bedrooms for such lodgers. BILLBOARD OR SIGNBOARD — Any structure, or portion, situated on private premises, onwhich lettered, figured or pictorial matter is displayed for advertising purposes other than thename and occupation of the user of such premises or the nature of the business conducted on thesuch premises or the products primarily sold or manufactured, or any such structure or portion,the area of which, devoted to advertising purposes, exceeds 100 square feet.

short-5 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

BLOCK — The length of a street between two street intersections.

BOARDER — A person who pays rent for residence within a dwelling which is owner-occupiedand for occupying for her or his exclusive use no more than one bedroom and one bathroom.There shall be no separate entrance from the outside to the room or rooms provided for aboarder The owner of the dwelling must obtain a certificate of compliance for the rental of anyroom or rooms in accordance with Chapter 151, § 151-14 of the Code of the Village of Fredonia.BUILDING — Any structure constructed or used for residence, business, industry or otherpublic or private purposes or accessory thereto, including, but not limited to, tents, lunchwagons, dining cars, mobile homes, billboards, signs and similar structures, whether stationary

or movable. [Amended 4-14-2003 by L.L No 2-2003]

BUILDING, ALTERATION OF — Any change in supporting members of a building, exceptsuch changes as may be required for its safety, any addition to a building, any change in use fromone district classification to another, or removal of a building from one location to another. BUILDING, FLOOR AREA — The sum of the gross horizontal area of the several floors,including the basement of a building and its accessory buildings on the same lot and includingthe area of roofed porches and roofed terraces All dimensions shall be measured betweenexterior faces of walls.

BUILDING, HEIGHT OF — The vertical distance measured from the mean of the highest andlowest exposed part of the foundation to the highest point of the roof.

BUILDING, PRINCIPAL — A building, including covered porches, in which is conducted theprincipal use of the lot on which it is situated In any residence district, any dwelling shall bedeemed the principal building on the lot on which the same is situated.

BULK STORAGE — The storage of chemicals, petroleum products and other materials incontainers for subsequent resale to distributors or retail dealers or outlets.

CABIN, HUNTING AND FISHING — A structure with accommodations for living andsleeping designed for seasonal occupancy and having a floor area of less than 400 square feet. CARNIVAL — An amusement show, usually traveling from place to place, having sideshows,Ferris wheels, merry-go-rounds, etc.

CELLAR — That space of a building that is partly or entirely below grade, which has more thanhalf of its height, measured from floor to ceiling, below the average established curb level orfinished grade of the ground adjoining the building.

CEMETERY — Land used or intended to be used for the disposition and memorialization ofdead human beings and dedicated for cemetery purposes, including columbarium, crematories,mausoleums and mortuaries when operated with, and within, the boundary of such cemetery.

CENTER LINE OF STREET OR ROAD — A line midway between and parallel to two street orproperty lines or as otherwise defined by the Planning Board.

CHURCH OR OTHER PLACE OF WORSHIP — See "religious institution."

CIRCUS — An exhibition of wild animals and acrobatic feats, together with sideshows andvending concessions.

CLINIC, DENTAL — A structure designed for the practice of dentistry, in which nonresidentpatients are treated.

CLINIC, MEDICAL — A structure designed for the practice of medicine, in which nonresidentpatients are treated.

CLUB, PRIVATE — A social organization whose premises are restricted to its members andtheir guests.

CLUBHOUSE — A building to house a club or social organization not conducted for profit andwhich is not adjunct to, or operated by, or in connection with, the public tavern, cafe or otherpublic place.

CLUSTER DEVELOPMENT — A form of development for residential development thatpermits a reduction in lot area requirements, provided there is no increase in the number of lotspermitted under a conventional development and the resultant land area is devoted to open space.COMMERCIAL USE — Activity carried out for monetary gain.

COMMERCIAL VEHICLE — All trucks, vans, construction equipment and limousines, bearingcommercial license plates, which are in excess of three tons' net weight or over one-ton capacity.CONVENIENCE STORE — A small shop or store (less than 5,000 square feet) offering for saleprepackaged food products, household items and other goods commonly associated with thesame; such use shall not include gas islands or service.

COURT — An unoccupied open space, other than a yard An outer court is one that extends tothe street or to the front or rear yard An inner court is any other court.

CRAWL SPACE — An enclosed area beneath the lowest elevated floor, eighteen inches or more

in height, which is used to service the underside of the lowest elevated floor The elevation of thefloor of this enclosed area, which may be of soil, gravel, concrete or other material, must beequal to or above the lowest adjacent exterior grade The enclosed crawl space area shall beproperly vented to allow for the equalization of hydrostatic forces that would be experiencedduring periods of flooding (applicable to Flood Damage Prevention Regulations only).6

DAY-CARE CENTER — Daytime care or instruction of three or more children or elderly

6 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

persons away from their homes for less than 24 hours per day, by an individual, association,corporation, institution or agency, whether or not for compensation or reward.

DEVELOPMENT — Any person-made change to improved or unimproved real estate,including, but not limited to, buildings or other structures, minimizing, dredging, filling, grading,paving, excavation or drilling operations (applicable to Flood Damage Prevention Regulationsonly).7

DRIVE-IN BUSINESS — Includes drive-in outdoor theaters, refreshment stands, banks and thelike where patrons enter the premises and are served or entertained in automobiles Deposit andpick-up services shall not be considered drive-in businesses as defined.

DWELLING — A building, or portion, designed or used exclusively as the residence or sleepingplace of one or more persons The word "dwelling" shall not include bed-and-breakfasts,boardinghouses or rooming houses, tourist homes, motels, hotels or other structures designed fortransient residence.

DWELLING UNIT — One or more rooms designed for occupancy for cooking, living andsleeping purposes.

DWELLING, SINGLE-FAMILY — A detached building containing one dwelling unit anddesigned or used exclusively for occupancy by one family.

DWELLING, TWO-FAMILY — A building containing two dwelling units and designed or usedexclusively for occupancy by two families living independently of each other, or two one-familydwellings having a party wall in common.

DWELLING, MULTIFAMILY — A building, or portion, containing three or more dwellingunits and designed or used for occupancy by three or more families living independently of eachother.

DWELLING, CONDOMINIUM, ROW HOUSE OR TOWNHOUSE — A dwellingaccommodating or designed to accommodate a single family in a single dwelling unit, the walls

on two sides of which may be in common with the walls of adjoining dwellings and are partyand/or lot line walls.

DWELLING, TWO-FAMILY ATTACHED — A building containing dwelling units, each ofwhich has primary ground floor access to the outside and which are attached to each other byparty walls without openings The term is intended primarily for such dwelling types astownhouse, row or group homes.

DWELLING, SEMI-DETACHED — A detached building containing two dwelling unitsseparated by a party wall and lot line, each having one side yard.

7 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

EDUCATIONAL INSTITUTION — An accredited college or university giving generalacademic instruction Included within this term are areas or structures used for administration,housing of students and faculty, dining halls, social or athletic activities, when located on theinstitution's land that is not detached from land where classroom facilities are maintained. ELEVATED BUILDING — A non-basement building:

A Built to have the top of the elevated floor or to have the bottom of the lowest horizontalstructure member of the elevated floor (depending on flood zone) elevated above theground level by means of pilings, columns (posts/piers) or shear walls parallel to the flow

of the water; and

B Adequately anchored so as not to impair the structural integrity of the building during aflood of up to the magnitude of the base flood

(Applicable to Flood Damage Prevention Regulations only)8

ESSENTIAL FACILITIES — The operation or maintenance by municipal agencies or publicutilities of telephone dial equipment centers, electrical or gas substations, water treatment,storage and transmission facilities, pumping stations or similar facilities.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured homepark or subdivision for which the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including, at a minimum, the installation of utilities, theconstruction of streets and either final site grading or the pouring of concrete pads) is completebefore the effective date of the floodplain management regulations adopted by the community(applicable to Flood Damage Prevention Regulations only).9

EXOTIC CABARET — An establishment which features topless dancers, go-go dancers, exoticdancers, strippers, male or female impersonators or similar entertainers.

EXPANSION TO AN EXISTING MANUFACTURED HOME OR SUBDIVISION — Thepreparation of additional sites by the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including the installation of utilities, the construction ofstreets and either final site grading or the pouring of concrete pads) (applicable to Flood DamagePrevention Regulations only).10

FACTORY — A building or group of buildings, usually with equipment, where goods aremanufactured.

8 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

9 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

10 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

FAIR — An occasional or periodic competitive exhibition of farm products and livestock,usually accompanied by amusement features and for which an admission fee is charged.

FAMILY — The Village of Fredonia Board of Trustees hereby determines that it is its publicpolicy to preserve the character and quality of life in the residential districts most of which aremainly comprised of one- and two-family dwellings on relatively small lots It is also the policy

of the Board of Trustees of the Village of Fredonia to maintain and preserve the character of theresidential zones which are primarily devoted to traditional family lifestyles and to avoiddisturbances which conflict with the stable environment of residential districts in the Village ofFredonia It is also the public policy of the Board of Trustees of the Village of Fredonia to reducethe parking and traffic problems in the Village, to control population density, and to preventnoise and disturbance to the residents of the Village resulting from the overcrowding of dwellingunits The use of dwellings in residential districts as fraternities, sororities, boarding or roominghouses or similar uses or for occupancy of unrelated persons not constituting the functionalequivalent of a traditional family is disruptive to those public policies Accordingly, the Boarddetermines that it is appropriate to include a definition of "family" in the Zoning Law and toestablish a presumption that three or more unrelated persons living in a dwelling unit in an R-1

or R-2 District or four or more unrelated persons living in a dwelling unit in an R-3 Districtliving in a single dwelling do not constitute the functional equivalent of a traditional family and

to provide criteria to rebut that presumption The term "family" shall mean:

A In Residential R-1 Districts and Residential R-2 Districts, "family" shall mean:

(1) "Traditional family"; or

(2) "Functional equivalent of a traditional family"; or

(3) Two persons occupying a dwelling unit and living together as a single household unitwith common use of all facilities comprising the dwelling unit.

B In Residential R-3 Districts, "family" shall mean:

(1) "Traditional family";

(2) "Functional equivalent of a traditional family" as defined below; or

(3) Two or three persons occupying a dwelling unit and living together as a singlehousehold unit with common use of all facilities comprising the dwelling unit.

C "Traditional family" means one or more persons occupying a dwelling unit, all of whomare related by blood, marriage, or adoption.

D "Functional equivalent of a traditional family" means a group of persons living together in

a single dwelling unit and functioning as a traditional family with respect to thosecharacteristics that are consistent with the purposes of zoning restrictions in residentialneighborhoods It shall be presumptive evidence that three or more persons living in a

single dwelling unit in an R-1 or R-2 District or four or more persons living in a dwellingunit in an R-3 District who are not related by blood, marriage or legal adoption do notconstitute the functional equivalent of a traditional family.

E In determining whether individuals are living together as the functional equivalent of atraditional family, the following criteria must be present:

(1) The group is one which in size, appearance, structure and function resembles atraditional family unit, which may include bona fide domestic servants employed atthe premises on a full-time basis;

(2) The occupants must share the entire dwelling unit and live together as a singlehousekeeping unit A unit in which the various occupants act as separate roomers maynot be deemed to be occupied by the functional equivalent of a traditional family; (3) The group (excluding bona fide domestic servants) shares expenses for food, rent orownership costs, utilities and other household expenses;

(4) The premises are being occupied in strict accordance with all applicable health, safetyand fire codes;

(5) The group is permanent and stable Evidence of such permanency and stability mayinclude:

(a) The presence of minor dependant children regularly residing in the householdwho are enrolled in local schools;

(b) Members of the household have the same address for purposes of voter'sregistration, driver's license, motor vehicle registration and filing of taxes; (c) Members of the household are employed in the area;

(d) The household has been living together as a unit for a year or more, whether inthe current dwelling unit or other dwelling units;

(e) Common ownership of furniture and appliances among the members of thehousehold;

(f) The group is not transient or temporary in nature;

(g) Any other factor reasonably related to whether or not the group is the functionalequivalent of a family.

F Persons residing in a fraternity, sorority, clubhouse, boarding or rooming house, dormitory,motel/hotel or inn or any other similar residence or building shall not be considered afamily or the functional equivalent of a traditional family.

FARM — Any parcel of land containing at least five acres, which is used in the raising of

agricultural products, livestock, poultry and dairy products It includes necessary farm structureswithin the prescribed limits and the storage of equipment used It excludes fur farms, commercialstables and dog kennels.

FEDERAL EMERGENCY MANAGEMENT AGENCY — The federal agency that administersthe National Flood Insurance Program (applicable to Flood Damage Prevention Regulationsonly).11

FENCE — Any artificially constructed barrier or vegetation, such as a hedge with purpose orintent of preventing passage or view, thus providing privacy.

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation

of normally dry land areas from:

A The overflow of floodwater;

B The unusual and rapid accumulation or runoff of surface waters from any source;

C The collapse or subsidence of land along the shore of a lake or other body of water as aresult of erosion or undermining caused by waves or currents of water exceedinganticipated cyclical levels or suddenly caused by an unusually high water level in a naturalbody of water, accompanied by a severe storm or by an unanticipated force of nature, such

as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeableevent which result in flooding as defined in this definition (applicable to Flood DamagePrevention Regulations only).12

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) — An official map of the communitypublished by the Federal Emergency Management Agency as part of the community's FloodInsurance Study The FBFM delineates a regulatory floodway along watercourses studied indetail in the Flood Insurance Study (applicable to Flood Damage Prevention Regulations only).13FLOOD ELEVATION STUDY — An examination, evaluation and determination of the floodhazards and, if appropriate, corresponding water surface elevations, or an examination,evaluation and determination of flood-related erosion hazards (applicable to Flood DamagePrevention Regulations only).14

FLOOD HAZARD BOUNDARY MAP (FHBM) — An official map of the Village, issued bythe Federal Emergency Management Agency, where the boundaries of the areas of special flood

11 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

12 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

13 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

14 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

hazard have been designated as Zone A but no flood elevations are provided (applicable to FloodDamage Prevention Regulations only).15

FLOOD INSURANCE RATE MAP (FIRM) — The official map on which the FederalEmergency Management Agency or Federal Insurance Administration has delineated the areas ofspecial flood hazards, the floodway and the risk premium zones applicable to the community(applicable to Flood Damage Prevention Regulations only).16

FLOODPLAIN or FLOOD-PRONE AREA — Any land area susceptible to being inundated bywater from any source (applicable to Flood Damage Prevention Regulations only).17

FLOODPROOFING — Any combination of structural and nonstructural additions, changes oradjustments to structures which reduce or eliminate flood damage to real estate or improved realproperty, water and sanitary facilities, structures and their contents (applicable to Flood DamagePrevention Regulations only).18

FLOODWAY — The same meaning as "regulatory floodway" (applicable to Flood DamagePrevention Regulations only).19

FLOOR AREA — See "area, total floor."

FLOOR AREA RATIO — The floor area of a building divided by the area of the lot that itoccupies.

FREIGHT TERMINAL — Land and buildings used as a relay station for the transfer of a loadfrom one vehicle to another or one party to another The terminal cannot be used for permanent

or long-term accessory storage for principal land uses at other locations The terminal facilitymay include storage areas for trucks and buildings or areas for the repair of trucks associatedwith the terminal.

FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purposeunless it is located or carried out in close proximity to water, such as a docking or port facilitynecessary for the loading and unloading of cargo or passengers, shipbuilding and ship repairfacilities The term does not include long-term storage, manufacturing, sales or service facilities

15 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

16 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

17 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

18 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

19 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

(applicable to Flood Damage Prevention Regulations only).20

FUNERAL HOME — A building or part thereof used for human funeral services Such buildingmay contain space and facilities for embalming and the performance of other services used inpreparation of the dead for burial; the performance of autopsies and other surgical procedures;the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeralvehicles, but shall not include facilities for cremation Where a funeral home is permitted, afuneral chapel shall also be permitted.

GARAGE, PRIVATE — A detached accessory building or portion of a main building, used bythe occupants of the premises, used exclusively for the parking or temporary storage of not morethan three passenger motor vehicles No business or service shall be permitted in a privategarage A private garage shall not exceed 600 square feet of floor area.

GASOLINE STATION — Any premises where gasoline and other petroleum products are sold.This use will also include premises where light maintenance activities such as engine tune ups,lubrication, minor repairs or carburetor cleaning are conducted.

GRADE, ESTABLISHED — The elevation of the center line of the streets as officiallyestablished by the Director of Public Works.

GRADE, FINISHED — The completed surfaces of lawns, walks and roads brought to grades asshown on official plans or designs.

GROSS LEASABLE AREA — The total floor area for which the tenant pays rent and which isdesigned for the tenant's occupancy and exclusive use.

HIGH-TECH BUSINESSES

A Emerging technology firms engaged in clean high-tech businesses, including research,development, service and wholesale sales The uses shall not include any which createdanger from fire, explosion, toxic or nontoxic matter, offensive noise, vibration, odor orother objectionable influences or hazards.

B High-tech business shall include the following, provided they do not create dangers listedabove:

(1) Data processing and computer centers, including centers for programming andsoftware development, and sales office (excluding on-premises retail sales).

(2) Laser, fiber optic, wireless or digital technology applications, production and salesoffice (excluding on-premises retail sales).

(3) Communications equipment, service, repair and research and sales office (excludingon-premise retail sales).

20 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

(7) Any uses whose primary purpose is design of pilot or experimental products.

(8) Office buildings, including accessory uses within the office building which arenormally necessary and incidental thereto, the purpose of the building being to houseexecutive, administrative, professional, accounting, writing, clerical, stenographic,drafting or sales related to the products developed in the district (excluding on-premises retail sales).

HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface, prior toconstruction, next to the proposed walls of a structure (applicable to Flood Damage PreventionRegulations only).21

HISTORIC STRUCTURE — Any structure that is:

A Listed individually in the National Register of Historic Places or preliminarily determined

by the Secretary of the Interior as meeting the requirements for individual listing on theNational Register;

B Certified or preliminarily determined by the Secretary of the Interior as contributing to thehistorical significance of a registered historic district or a district preliminarily determined

by the Secretary to qualify as a registered historic district;

C Individually listed on a state or local inventory of historic places

(Applicable to Flood Damage Prevention Regulations only).22

HOME OCCUPATION — An occupation for gain or support conducted only by members of afamily residing in the premises and conducted entirely within the dwelling, provided that noarticle is sold or offered for sale, except as such may be produced by members of the immediatefamily on the premises Customary home occupations shall not be construed to include thosewhich require the presence of the customer on the premises for the performance of theoccupation, or those which require the presence in the home of noxious machinery or equipmentnormally associated with commercial or industrial activities.

21 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

22 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

HOSPITAL — An establishment for temporary occupation by the sick or injured for the purpose

of medical diagnosis and treatment, including a sanatorium, and shall be limited to the treatment

or other care of humans.

HOSPITAL, ANIMAL or VETERINARY CLINIC — An establishment for temporaryoccupancy by sick or injured animals for the purpose of medical diagnosis and treatment andshall exclude the treatment or other care of humans.

HOTEL — A dwelling containing 12 or more sleeping rooms in which lodging is provided andoffered to the public for compensation This definition shall not be construed to affect local orstate licensing provisions.

INDUSTRY — Includes the entire range of economic activity, and, as applied to specifics, i.e.,manufacturing, wholesale, retail, services, etc., shall have the meaning set forth in the StandardIndustrial Classification Manual, published by the Executive Office of the President, Bureau OfManagement and Budget - 1988.

JUNK STORAGE AREA — The area of any parcel of land intended to be used for theplacement or storage of junk.

JUNK VEHICLE

A Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home,motorcycle, mini-bike or snowmobile, or any other device originally intended for travel onthe public highways, which meets any of the following conditions:

(1) Its registration has expired; and;

(2) It is either abandoned, wrecked, stored, discarded, dismantled or partly dismantled or;(3) It is not in any condition for legal use upon the public highway.

B With respect to any motor vehicle not required to be licensed or a motor vehicle not usuallyused on public highways, the fact that such motor vehicle has remained unused for morethan six months and is not in condition to be removed under its own power shall bepresumptive evidence that such motor vehicle is a junk vehicle.

JUNKYARD

A The outdoor storage or deposit of any of the following:

(1) Two or more junk vehicles;

(2) Two or more abandoned mobile homes or recreational camping vehicles;

(3) Two or more abandoned all-terrain vehicles or snowmobiles (as defined in the NewYork State Vehicle and Traffic Law);

(4) Five or more inoperable appliances, including, but not limited to, lawn and gardenmachines, washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions;(5) Five and more inoperable pieces of equipment;

(6) Collection and storage of any secondhand or used material which, taken together,equal in bulk volume of 2000 cubic feet or more;

(7) Any combination of the above that totals five items.

B This definition shall not be construed to include the on-premises storage and maintenance

of motor vehicles, machinery and equipment used in the business of farming, logging orcontracting This definition shall not be construed to include the indoor parking and storage

of motor vehicles in connection with a New York State licensed new and/or used carbusiness or a bona fide motor vehicle repair business and the parking of no more than 10vehicles in the process of waiting for repairs.

KENNEL — Any premises in or at which three or more dogs are kept for the purpose of sale, or

in connection with boarding, caring or breeding for which a fee may or may not be charged. LOCAL ADMINISTRATOR — The person appointed by the community to administer andimplement this chapter by granting or denying development permits in accordance with itsprovisions (applicable to Flood Damage Prevention Regulations only).23

LOT — A designated parcel or tract of land established by plat, subdivision or as otherwisepermitted by law, to be used, developed or built upon as a unit.

LOT AREA — The total area within the lot lines of a lot, excluding any road rights-of-way. LOT, CORNER — A parcel of land at the junction of and fronting on two or more intersectingstreets.

LOT DEPTH — The mean horizontal distance between the front and rear lot lines.

LOT FRONTAGE — The length of the front lot line measured at the road line.

LOT FRONTAGE ON CIRCULAR ROADS — The length of the line measured by a line 15feet back from and parallel to the chord of the lot frontage; the chord of the lot frontage is thestraight line joining the two points where the side lot lines intersect the front lot line.

LOT, INTERIOR — A lot other than a corner lot.

LOT LINE — A line of record bounding a lot that divides one lot from another lot or from apublic or private road or any other public space.

LOT OF RECORD — A lot for which a valid conveyance has been recorded in the office of the

23 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

County Clerk prior to the effective date of the Village of Fredonia Subdivision Law of theVillage of Fredonia Village Code,24 or is either part of a subdivision plat approved by thePlanning Board and filed in the County Clerk's office, or was exempt from the Village ofFredonia Subdivision Regulations at the time of recording with the County Clerk.

LOT, THROUGH — An interior lot having frontage on two parallel or approximately parallelstreets.

LOT WIDTH — The distance between the side lot lines measured along the front building line

as determined by the front yard requirement prescribed by this chapter.

LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement) Anunfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access orstorage in an area other than a basement area, is not considered a building's lowest floor,provided that such enclosure is not built so as to render the structure in violation of theapplicable nonelevation design requirements of Article XVIII (applicable to Flood DamagePrevention Regulations only).

MAJOR EXCAVATION, GRADING OR FILLING — Any operation (other than in connectionwith foundations for a structure or highway construction) involving:

A A volume of earth movement exceeding the average of one cubic foot per square foot ofsurface area or 1,000 cubic yards, whichever is the lesser; or

B A change in ground elevation from previously existing grades exceeding 10 feet.

MANUFACTURED HOME — A dwelling unit fabricated in an off site manufacturing facilityfor installation or assembly at the building site, bearing a label certifying it is built in compliancewith the federal Manufactured Home Construction and Safety Standards or US Department ofHousing and Urban Development Code; a structure, transportable in one or more sections, which

is built on a permanent chassis and is designed for use with or without a permanent foundationwhen connected to the required utilities.

MAXIMUM BUILDING COVERAGE — The maximum percentage of a lot to be covered bybuildings.

MAXIMUM LOT COVERAGE — The maximum percentage of a lot to be covered bybuildings, structures, accessory uses and impervious materials.

MEAN SEA LEVEL — For the purposes of the National Flood Insurance Program, the NationalGeodetic Vertical Datum (NGVD) to which base flood elevations on the flood insurance rate arereferenced (applicable to Flood Damage Prevention Regulations only).25

24 Editor's Note: See Ch 260, Subdivision of Land

25 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

METES AND BOUNDS — A method of describing the boundaries of land by directions anddistances from a known point of reference.

MOBILE HOME (also known as "sectional home") — A structure, transportable in one or moresections, which is built on a permanent chassis and designed to be used as a dwelling unit, with

or without a permanent foundation when connected to the required utilities A mobile home shall

be construed to remain a mobile home, subject to all regulations applying, whether or not wheels,axles, hitch or other appurtenances of mobility are removed and regardless of the nature of thefoundation provided This definition shall not be construed to include homes known as "modularhomes" bearing an insignia issued by the State Fire Prevention and Building Code Council asrequired in 9 NYCRR 1212.

MOBILE HOME PARK — Land on which are located, or which is maintained or used by two ormore mobile homes.

MOBILE HOME SITE — An area of land in a mobile home park intended for the exclusiveoccupancy of a single mobile home.

MODULAR HOME — A permanent single- or multifamily dwelling unit built in accordancewith plans which have obtained an architectural stamp and seal under the NYS Building Code,which is brought to the building site as two or more units on a transport trailer Modular dwellingunits have no support frames as found on mobile homes, but instead are placed on a separatefoundation Modular dwelling units contain the same utility systems as conventional dwellingunits Modular dwelling units are not designed to be moved after they have been lifted andplaced onto a permanent foundation.

MOTEL or MOTOR COURT — A public inn containing not less than eight rental units withprovisions for, but not limited to:

A Automobile parking space to accommodate not less than one car per unit; and;

B Separate toilet facilities and hot and cold running water for each rental unit.

MOTOR FREIGHT TERMINAL — Any premises used by a motor freight company regulated

by the Public Utility Commission of New York and/or the Interstate Commerce Commission as acarrier of goods, which is the origin and/or destination point of goods being transported for thepurpose of storing, transferring, loading and unloading such goods.

MOTOR VEHICLE SERVICE STATION — Any area of land, including structures, that is usedfor 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 forlubricating, washing or otherwise servicing motor vehicles, but not including painting, body andfender work, or the dismantling or replacing of engines.

MUSEUM — A building, place or institution devoted to the acquisition, conservation, study and

exhibition of objects having scientific, historical or artistic value.

NATIONAL GEODETIC VERTICAL DATUM (NGVD) — As correct in 1929, the verticalcontrol used as a reference for establishing varying elevations within the floodplain (applicable

to Flood Damage Prevention Regulations only).26

NONCONFORMING — A lot of record, structure or use of land which lawfully existed prior tothe enactment of this chapter or conformed to the regulations of the district in which it waslocated prior to the amendment of this chapter or which does not conform to the regulations ofthe district in which it is located following the enactment or amendment of this chapter.

NURSERY SCHOOL — A school designed to provide daytime care or instruction for two ormore children from two to five years of age inclusive and operative on regular basis.

NURSING OR CONVALESCENT HOME — A proprietary facility, licensed or regulated byNew York State, for the accommodation of convalescents or other persons who are not acutely illand not in need of hospital care, but who require skilled nursing and related medical serviceswhich are prescribed by or performed under the direction of a person or persons licensed toprovide such care or services in accordance with the laws of the State of New York.

OCCUPANCY — The utilization of a building, structure or land.

OCCUPANCY, SEASONAL — Occupancy for a period not exceeding four months.

ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD — A flood which has a one-percentannual probability of being equaled or exceeded The 100-year flood is identical to the "baseflood," which will be the term used throughout this chapter.

OPEN SPACE — An unoccupied space open to the sky, required by the terms of this chapter. PARKING AREA, PRIVATE — An unroofed, off-street area used as a private garage.

PARKING AREA, PUBLIC — An unroofed, off-street area used for the temporary storage ofself-propelled vehicles and available for public use, whether free, for compensation or as anaccommodation for clients or customers.

PARKING, OFF-STREET — A parking space located entirely within property lines and notwithin any public or private right-of-way.

PAVED — Use of blacktop, asphalt, concrete or other similar substance to create a smoothsurface, including bituminous penetration, but not the use of dirt, slag or crushed stone.

PERMIT — Any building, zoning or other permit, including a special use permit, required to beissued by the Zoning Enforcement Officer or the Zoning or Planning Board in accordance withthese regulations as a condition precedent to use, development, construction or other action

26 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

dealing with real property in the Village.

PET GROOMING ESTABLISHMENT — A personal service establishment that, for a fee,trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies Thisterm shall not include establishments that board pets or provide pet day care Such pets areallowed at the pet grooming establishment for the time it takes to groom the animal but in allcases no longer than six hours. [Added 4-3-2006 by L.L No 1-2006]

PLANNED UNIT DEVELOPMENT — A development of land that is under unified control and

is planned and developed as a whole in a single development operation or programmed series ofdevelopment stages The development may include streets, circulation ways, utilities, buildings,open spaces and other site features and improvements.

PLAT — A map of a subdivided tract of land showing the boundaries and location of individualproperties and roads.

PORCH, OPEN — A porch open on three sides except for wire screening A porch shall not beconsidered open if enclosed by either permanent or detachable glass sash A structure having adriveway running to it, under it or through it shall not be considered to be an open porch. PRINCIPALLY ABOVE GROUND — At least 51% of the actual cash value of the structure,excluding land value, is above ground (applicable to Flood Damage Prevention Regulationsonly).27

PRIVATE CLUB — See "club, private."

PROFESSIONAL OFFICE — Offices and related spaces of a single business establishment foruse as professional services as provided by medical practitioners, attorneys, architects, engineers,real estate, insurance sales, offices of brokers, musicians, dressmakers, hair dressers, tailors andsimilar professions.

PUBLIC AND SEMI-PUBLIC FACILITY — Any one or more of the following uses, includinggrounds and accessory buildings necessary for their use: playgrounds and recreational areas,public cemeteries, schools, public libraries, fire, civic buildings, public meeting halls andcommunity centers.

QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPING — A lot or land, or part, used forthe purpose of extracting stone, sand, gravel or topsoil for sale as an industrial operation, andexclusive of the process of grading preparatory to the construction of a building or highwayconstruction.

RECREATIONAL VEHICLE — A vehicle which is:

A Built on a single chassis;

27 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

B Four hundred square feet or less when measured at the largest horizontal projections andnot over 320 square feet in towage mode;

C Designed to be self-propelled or towed;

D Not designed for use as a permanent dwelling but as temporary living quarters forrecreational, camping, travel or seasonal use.

REGULATORY FLOODWAY — The channel of a river or other watercourse and the adjacentland areas that must be reserved in order to discharge the base flood without cumulativelyincreasing the water surface elevation more than a designated height as determined by theFederal Emergency Management Agency in a flood insurance study or by other agencies asprovide in Article XVIII (applicable to Flood Damage Prevention Regulations only).28

RELIGIOUS INSTITUTION — A church, synagogue or temple and minor accessory uses, butnot including parish houses.

RIDING ACADEMY — Any establishment where horses are kept for riding or stabling forcompensation or incidental to the operation of any club, association, ranch or similarestablishment.

ROAD — See "street."

ROADSIDE STAND — A stall or booth for business that shall be limited to the sale of farmproducts.

SANITARIUM, SANATORIUM — A private hospital, whether or not such a facility is operatedfor profit.

SATELLITE TELEVISION RECEIVING STATION/ANTENNA — An accessory structurecapable of receiving or sending, for the sole benefit of the principal user, radio or televisionsignals from a transmitter/receiver, or transmitter relay located in planetary orbit.

SCHOOL — Any place of instruction in any branch of knowledge.

SCHOOL, ELEMENTARY — Any school having regular sessions with regularly employedinstructors who teach those subjects that are fundamental and essential in general education,under the supervision of the State of New York or a lawfully constituted ecclesiastical governingbody, or a private corporation meeting the requirements of the state.

SCHOOL, SECONDARY — Same as "elementary school," except education provided.

SCHOOL, VOCATIONAL — Any schools having regular sessions with regularly employedinstructors who, as a principal activity, provide training in a trade or vocation and teach thosesubjects that are fundamental and essential in elementary or secondary education, under the

28 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

supervision of the State of New York or a lawfully constituted ecclesiastical governing body, or

a corporation meeting the requirements of the state.

SETBACK — The distance between a lot line, road line or the mean high water line of a body ofwater and a particular development feature of a lot such as a building, structure, on-site sewagesystem component or parking area.

SEXUAL DEVICES STORE — An establishment having as part of or all of its stock-in-tradeany items or clothing designed to cause or enhance sexual stimulation, and may be part of anyadult/video/media store. [Added 7-26-2004 by L.L No 4-2004]

SHELTER — A facility that, in addition to providing food and shelter to a defined population,provides guidance or counseling services Such services are a primary function of the facility. SHOPPING CENTER — A grouping of retail business and service uses on a single site withcommon parking facilities.

SIGN — Any material, structure or device, or part, composed of lettered or pictorial matterwhich 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 theinterests of any person or business or cause when such is placed in view of the general public.Signs will include, but not be limited to, business signs, real estate signs, home occupation signs,political signs, pennants, etc.

SIGN AREA — The surface contained within a single continuous perimeter which encloses theentire sign cabinet but excluding any support or framing structure that does not convey amessage Where signs are of a three-dimensional round, or other solid shape, the largest crosssection viewed as a flat projection shall be used for the purpose of determining the sign area.Double-sided signs shall be considered one sign, and total sign area shall be calculated from oneface. [Added 4-23-2012 by L.L No 1-2012]

SITE — Any area of land to be used, developed or built upon as a unit.

SPECIAL USE PERMIT — A permit for special uses which requires review and approval of thePlanning Board prior to the issuance of a special permit by the Planning Board or a zoningpermit by the Zoning Enforcement Officer.

STABLE, PRIVATE — An accessory building in which horses are kept for private use and notfor hire, remuneration or sale.

STABLE, PUBLIC — A building in which horses are kept for remuneration, hire or sale.29 STORY — That portion of a building, including a basement, between the surface of any floor

29 Editor's Note: The definition of "start of construction," which immediately followed this definition, was repealed 4-14-2003 by L.L.

No 2-2003

and the surface of the floor next above; also, any portion of a building used for human occupancybetween the topmost floor and the roof.

STORY, HALF — That part of a building between a pitched roof and the uppermost full story,having a ceiling height of seven feet or more for not exceeding 1/2 the floor area of such fullstory For purposes of side yard determination, a basement shall be counted as a half story. STREET — A public way established by or maintained under public authority, a private wayopen for public use and a private way plotted or laid out for ultimate public use, whether or notconstructed.

STREET LINE — The right-of-way line of a street as indicated by dedication or by deed ofrecord.

STRUCTURE — Any facility constructed or used for residence, business, industry or otherpublic or private purposes or accessory thereto, including but not limited to tents, lunch wagons,dining cars, mobile homes, billboards, signs, swimming pools, tennis courts and storagebuildings, whether stationary or moving.

SUBSTANTIAL IMPROVEMENT

A Any repair, reconstruction or improvement of a structure, the cost of which equals orexceeds 50% of the market value of the structure either:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged, and is being restored, before the damage occurred

B For the purposes of this definition, substantial improvement is considered to occur whenthe first alteration of any wall, ceiling, floor or other structural part of the buildingcommences, whether or not that alteration affects the external dimensions of the structure.The term does not include:

(1) Any project for improvement of a structure to comply with existing state/local health,sanitary/safety code specifications solely necessary to assure safe living conditions. (2) Any alteration of a structure listed on the National Register of Historic Places(applicable to Flood Damage Prevention Regulations only).30

SWIMMING POOL — Any body of water (excluding natural bodies of water fed by rivers,streams or brooks) or receptacle for water having a depth at any point greater than two feet used

or intended to be used for swimming or bathing and constructed, installed or maintained in or onthe ground outside any building.

TELECOMMUNICATIONS TOWER — A structure on which a transmitting and/or receiving

30 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

TRAILER, BOAT — A vehicle designed exclusively for the transportation of one boat of lessthan ten-foot beam and twenty-four-foot length.

TRAILER, CAMP — Same as definition of "recreational vehicle."

TRAILER, CARGO — A vehicle not over 70 square feet in floor area used for the hauling ofcargo.

TRANSIENT GUEST — A guest whose stay is temporary and does not exceed 30 days. USE, PRINCIPAL — The primary or predominant use of any lot.

VARIANCE — A grant of relief from the requirement of this chapter that permits construction

or uses in a manner that would otherwise be prohibited by Article XVIII (applicable to FloodDamage Prevention Regulations only).31

YARD — An open space on the same lot with a building or structure.

YARD, FRONT — An open space extending across the entire width of the front lot between thebuilding line or front main wall of a building and the property line (street or road right-of-way),and into which space there shall be no extension of building parts other than steps, open porches(not to exceed 5 feet from the main front building line), eaves, cornices Covered porches,whether enclosed or unenclosed, shall be considered as part of the main building and shall notproject into a required front yard. [Amended 4-14-2003 by L.L No 2-2003]

YARD, REAR — An open space extending the full width of the lot between the rear-most mainbuilding and the rear lot line, unoccupied and unobstructed by buildings or structures from theground upward, the depth of which shall be the least distance between the rear lot line and therear of such main building. [Amended 4-14-2003 by L.L No 2-2003]

YARD, SIDE — An open space extending from the front yard to the rear yard between a mainbuilding and the side lot line, unoccupied and unobstructed by buildings or structures from theground upward The required width of a side yard shall be measured horizontally from thenearest part of the main building An interior side yard is any side yard not on the street side of acorner lot.

31 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations

of the Village, develops cohesive neighborhoods and minimizes conflicts among land uses TheZoning Law is developed to:

A Secure safety from fire, flood and other dangers;

B Provide adequate light, air and outdoor uses to include public, common and private openspace areas;

C Prevent overcrowding of land and ensure structure and land use arrangements areaesthetically harmonious to surrounding areas and structures;

D Avoid undue concentration of population or sparse, uncoordinated development;

E Facilitate the adequate provision of transportation, water, sewer, schools, parks and otherpublic services;

F Protect the character and values of residential, institutional, public, business, commercialand industrial uses and to ensure their orderly and beneficial development;

G Regulate the location of buildings and intensity of uses in relation to streets to ensureminimal interference with and by traffic movements, reduce congestion on Village streetsand improve public safety;

H Preserve and protect significant natural features and vegetation, thereby preventingecological damage and visual blight which occur when those features or vegetation areeliminated or substantially altered to serve development purposes only;

I Accommodate solar energy systems and equipment and access to necessary sunlight;

J Promote the health, safety and general welfare of the general public.

§ 297-2.2 Title

A This chapter shall be known as "The Village of Fredonia Zoning Law for the Village ofFredonia in the County of Chautauqua, State of New York."

B This Zoning Law has been made with consideration, among other things, for the character

of each district and its suitability for specific uses, conserving the property values and thedirection of building development, enhancing the value of land and encouraging the most

appropriate use of land throughout the Village of Fredonia.

§ 297-2.3 When effective

This chapter shall be effective upon the filing thereof in the office of the Secretary of State of theState of New York as provided by the Municipal Home Rule Law of the State of New York.

§ 297-2.4 Compliance required; revocation of building permits; interpretation

A No building, structure or land shall hereafter be used and no building, structure or partthereof shall be erected, moved or altered unless for a use expressly permitted by and inconformity with the regulations herein specified for the district in which it is located.

B All building permits issued prior to the effective date of this chapter which are in violation

of this chapter are hereby revoked, unless substantial construction has commenced prior tothe effective date pursuant to a valid building permit.

C Wherever the requirements of this chapter are at variance with the requirements of anyother applicable law or ordinance, the more restrictive or that imposing the higher standardshall govern.

D In interpreting and applying the provisions of this chapter, its provisions shall be held to bethe minimum requirements for the promotion of public health, safety, convenience,comfort, prosperity and general welfare.

E Titles and headings have been inserted for convenience of reference and are not intended todefine or limit the scope of or otherwise affect any provision in this chapter.

§ 297-2.5 Repeal of existing chapter

Unless otherwise provided in this chapter, Chapter 297 of the Code of the Village of Fredonia(Zoning Law and Map), the Zoning Ordinance and Zoning Map of the Village of Fredoniaenacted in 1938, the Amended Zoning Ordinance and Zoning Map of the Village of Fredoniaenacted September 8, 1969, and all other amendments thereto are hereby repealed on theeffective date of this new Chapter 297.

§ 297-2.6 Comprehensive Plan

A The Planning Board of the Village of Fredonia, on January 19, 1994, adopted aComprehensive Plan in accordance with § 7-722 of the Village Law The Board of Trusteeshas reviewed the Comprehensive Plan extensively and the Board of Trustees hassubstantially followed the Comprehensive Plan; however, a few provisions of this chaptermay not have been contemplated by the Comprehensive Plan This Chapter has beenenacted after considerable discussions and deliberations and meetings with members of theBoard of Trustees of the Village of Fredonia, Village of Fredonia Planning Board and

Zoning Board since 1994 with the objective of controlling land for the benefit of the entireVillage of Fredonia Some of the provisions not contemplated by the Comprehensive Planbut which are included in this chapter are areas for assisted-care facilities and high-techuses Also, additional areas have been designated R-1 Residential Districts to take intoaccount areas which have become predominantly single-family homes and to preserve thecharacter of areas containing older architecturally significant homes along Central Avenueand Temple Street The Comprehensive Plan and the changes to the Comprehensive Planmade by this chapter are in accordance with a Comprehensive Plan designed to promoteand enhance the growth and development of the Village of Fredonia, preserve the character

of existing neighborhoods and protect the health, safety and welfare of the residents of theVillage of Fredonia.

B Pursuant to the authority granted to local governments by § 10(1)(ii)(e)(3) of the MunicipalHome Rule Law of the State of New York, any provision of § 7-700 or 7-722 of theVillage Law of the State of New York which might impose any additional requirements onthe Village of Fredonia as a condition to the adoption of this chapter is hereby specificallysuperseded in its application to the Village of Fredonia.

§ 297-2.7 Severability

If any portion of this chapter is for any reason held to be unconstitutional or otherwiseunenforceable, such determination shall not affect the validity of the remaining portions of thischapter The enacting body declares that it would have, and does approve and enact eachsubsection, subdivision, paragraph, sentence, clause and phrase, irrespective of the fact that anyone or more portions be held unconstitutional or otherwise unenforceable.

Part 2 Zoning Districts and Requirements

R-1 District Single-Family Residential District

R-2 District General Residential District

R-3 District Multiple-Family Residential District

C-1 District General Business District

C-2 District Highway Business District

M-1 District Light Industrial District

O-S District Open Space District

of the Zoning Enforcement Officer.

of Canadaway Creek as they relate to the zoning districts.

D Agricultural districts established in accordance with Article 25-AA of the Agriculture andMarkets Law are recognized by this chapter The activities allowed by said article arepermitted by this chapter except as follows: no livestock, sales of livestock or livestockproducts shall be permitted in any such District Any alteration or expansion of agriculturalactivities shall be by special use permit as provided by this chapter These exceptions arenecessary to protect the health and safety of residences and business which are in closeproximity to said Districts.

contiguous and are held in one ownership, they shall be used as one lot for such use.

§ 297-4.2 Permitted uses and structures

The following are permitted uses:

A Single-family dwelling.

§ 297-4.3 Accessory uses

The following are the accessory uses, building and structures permitted in the R-1 District,provided that such accessory uses and buildings shall not be constructed until the main buildinghas been constructed:

A Not more than one of each of the following: accessory storage building, private detachedgarage, carport, gazebo, patio cover and pool house;

B Off-street parking for residents and guests of the principal use (See Article XIX, § 19.3);

297-C Not more than one commercial vehicle; however, commercial vehicles over three tons' netweight or one-ton capacity are prohibited;

D Private family swimming pools as regulated in Article XXI, § 297-21.20, and/or tenniscourts, not operated for gain and not operated by a not-for-profit organization;

E Not more than one from any two of the following subsections owned by the occupant of thepremises and used for personal use only (stored behind the main front building line): (1) Camp trailer stored in travel mode (but not mobile homes as defined in Article I,Definitions);

(2) Cargo trailer;

(3) One boat/trailer;

(4) Recreational vehicle;

F Signs subject to the provisions of Article XVI, Sign Restrictions;

G Not more than one satellite television receiving station/antenna subject to the provisions ofArticle XXI, § 297-21.17, Supplemental regulations;

H Fences, walls and hedges subject to the provisions of Article XXI, § 297-21.8,Supplemental regulations;

I Other uses and structures that are customarily incidental and clearly subordinate topermitted uses;

J Not more than 1 (one) accessory use of a building as defined by Article I;

K Not more than one boarder as defined by § 297-1.2 of this chapter.

§ 297-4.4 Site plan review [Amended 9-9-2002 by L.L No 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site PlanReview, of this chapter, unless excepted from site plan review as provided by § 297-4.4.1 of thisarticle:

A Churches and other religious institutions;

B Municipal facilities, including the following municipally owned facilities: parks,recreational areas, cemeteries, schools, libraries, safety buildings, meeting halls andcommunity centers;

C Any form of commercial agriculture or horticulture, excluding commercial greenhouses forretail sales.

§ 297-4.4.1 Exceptions to site plan review [Added 9-9-2002 by L.L No 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-4.4, providedthe permitted use is to be conducted in an existing building or where the floor area is increasednot more than 20% to accommodate the permitted use or where there is no new building oraddition thereto but the land area to be used in conjunction with an existing permitted use isincreased by not more than 20% of the existing lot area upon which the permitted use is located;

in such cases the uses listed in § 297-4.4 shall be permitted uses without site plan review.

§ 297-4.5 Special permitted uses

The following are special permitted uses subject to the conditions outlined in Article XIII,Special Use Permits:

A Essential facilities.

§ 297-4.6 Lot, area and yard requirements 33

The following lot, area and yard requirements apply to the R-1 District:

A Lot requirements

Use

Minimum Lot Frontage Along Side of

Street (feet)

Minimum Lot Frontage at Building

Line (feet)

B Area requirements.

(1) Minimum lot area: 10,000 square feet

NOTE: Minimum land area of a lot shall not apply to prevent the construction of a family dwelling on a lot existing prior to the date of enactment and not adjoined at the side by other unoccupied land in the same ownership having an area of not less than 6,000 square feet of unoccupied land and a width at the front building line of not less than 60 feet

(2) Maximum building coverage: 35%.

(3) Maximum lot coverage: 50%.

C Yard requirements

Use

Minimum Front Yard Depth (feet)

Minimum Side Yard (feet)

Minimum Combined Width of Two Side Yards (feet)

Minimum Rear Yard (feet)

1NOTE: Average front yard depth of building(s) within 200 feet or 30 feet, whichever is less, but in no case more than 5 feet larger than the average of the front yard depth on buildings on the two adjacent lots

D Corner lots The minimum width of the lot at the building line parallel to the streetconsidered to be the front street shall be 90 feet Additional yard requirements, for bothyards abutting streets, shall be determined as provided in this chapter Both yards abuttingstreets shall be considered front yards.

Single-family 2, not to exceed 35 feet

Other uses 2, not to exceed 35 feet

Accessory uses 1, not to exceed 18 feet

B Floor area.

(1) Single-family.

(a) Minimum floor area, one-story dwelling: 900 square feet.

(b) Minimum floor area, two-story dwelling: 800 square feet, main floor.

(2) Accessory use.

(a) Maximum floor area, accessory building and accessory storage building: 800square feet. [Amended 4-14-2003 by L.L No 2-2003]

§ 297-4.8 Supplemental regulations and exceptions

See Part 3, entitled "Regulations Applying to All Districts," for additional regulations applying

34 Editor's Note: A diagram illustrating lot, area, yard and building requirements for the R-1 District is included at the end of this

article

to the R-1 District in the Village of Fredonia.

Lot, Area, Yard and Building Requirements Diagram R-1 Single-Family Residential

District (for illustrative purposes only)

in all R-2 General Residential Districts in the Village of Fredonia.

§ 297-5.2 Permitted uses and structures

The following are permitted uses:

A All uses permitted in the R-1 District under § 297-4.2.

B Two-family attached or semi-detached dwellings.

§ 297-5.3 Accessory uses

The following are the accessory uses, buildings and structures permitted in the R-2 District,provided that such accessory uses and buildings shall not be constructed until the main buildinghas been constructed:

A All accessory uses permitted in the R-1 District under § 297-4.3.

§ 297-5.4 Site plan review [Amended 9-9-2002 by L.L No 2-2002]

The following uses are allowed subject to site plan review as set forth in Article XII, Site PlanReview, of this chapter, unless excepted from site plan review as provided by § 297-5.4.1 of thisarticle:

A All uses permitted subject to site plan review in the R-1 District under § 297-4.4;

B Row or townhouse dwellings or multiple-family dwellings;

C Accessory use of building;

D Assisted-living facility.

§ 297-5.4.1 Exceptions to site plan review [Added 9-9-2002 by L.L No 2-2002]

Site plan review shall not be required for any of the permitted uses listed in § 297-5.4, providedthe permitted use is to be conducted in an existing building or where the floor area is increasednot more than 20% to accommodate the permitted use or where there is no new building oraddition thereto but the land area to be used in conjunction with an existing permitted use isincreased by not more than 20% of the existing lot area upon which the permitted use is located;

in such cases the uses listed in § 297-5.4 shall be permitted uses without site plan review.

§ 297-5.5 Special permitted uses

The following are special permitted uses subject to the conditions outlined in Article XIII,Special Use Permits:

A All uses permitted subject to special permits in the R-1 District under § 297-4.5.

B Bed-and-breakfasts.

§ 297-5.6 Lot, area and yard requirements 35

The following lot, area and yard requirements apply to the R-2 District:

A Lot requirements. [Amended 4-14-2003 by L.L No 2-2003]

Use

Minimum Lot Frontage (feet)

Minimum Lot Frontage at Building Line (feet)

Other dwellings and other

unoccupied land in the same ownership having an area of not less than 6,000 square feet of unoccupied land and a width at the front building line of not less than 60 feet

Other residential uses 2,500 per sleeping unit

(2) All uses.

(a) Maximum building coverage: 35%.

(b) Maximum lot coverage: 50%.

C Yard requirements. [Amended 4-14-2003 by L.L No 2-2003]

Use

Minimum Front Yard Depth (feet)

Minimum Side Yard (feet)

Minimum Combined Width of Two Side Yards (feet)

Minimum Rear Yard (feet)

D Corner lots The minimum width of the lot at the building line parallel to the streetconsidered to be the front street shall be 80 feet Additional yard requirements, for bothyards abutting streets, shall be determined as provided in this chapter Both yards abuttingstreets shall be considered front yards.

Single-family and two-family 2, not to exceed 35 feet

Multiple-family 3, not to exceed 40 feet

Other uses 3, not to exceed 40 feet

Accessory use 1, or 18 feet

36 Editor's Note: A diagram illustrating lot, area, yard and building requirements for the R-2 District is included at the end of this

article

B Floor area. [Amended 4-14-2003 by L.L No 2-2003]

Type of Dwelling

Minimum Floor Area (square feet)

Maximum Floor Area (square feet)

Two-family or multiple- family, per unit 500

Other residential uses (includes bath, but not common

areas) Per single sleeping unit

200

Accessory building and accessory storage building 800

§ 297-5.8 Supplemental regulations and exceptions

See Part 3, entitled "Regulations Applying to All Districts," for additional regulations applying

to the R-2 District in the Village of Fredonia