Talkin’ Code with Andrew Getty

Webb enforces structural zoning according to own definitions

Not to be confused with definitions from the NY State Uniform Fire Prevention and Building Code or the Adirondack Park Agency, these definitions are straight from the Town of Webb Zoning Ordinance.

Each statute, law, ordinance or regulation usually has definitions that are used to clarify or define certain terms or phrases.

Each is used to administer or enforce the provisions of the applicable statute, law or regulation.

BASEMENT: A building story partly underground but having at least one-half (1/2) of its height above the average level of the adjoining ground.

A basement shall be counted as a story if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes.

CELLAR: A building story partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining any permissible number of stories in a building.

BOAT: Any vessel for transport by and on water powered by any means.

BOATHOUSE: A structure with direct access to a navigable body of water used for the storage of one or more boats and associated equipment and which is not used as a dwelling.

BUILDING: Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into entirely separate parts extending from the ground up, each part so divided is deemed to be an attached building.

BUILDING AREA: The total ground floor area of principal and accessory buildings on a lot, exclusive of uncovered porches, decks, steps and terraces.

BUILDING COVERAGE: That portion or percentage of the lot area covered by the building area.

BUILDING, DETACHED: A building surrounded by open space on all sides on the same lot.

A building connected to another building with a trellis, canopy, roof without walls or other unenclosed structural attachments or components is a detached building.

BUILDING HEIGHT: The vertical distance measured from the established grade at the street center line, or alternatively, measured from the average level of the proposed finished grade across the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for peaked or gambrel roofs.

BUILDING LINE: A line paralleling the front, side and rear lot lines, and located for the basis of required yard dimensions beyond which a structure may not extend as determined by this Ordinance.

PRINCIPAL: A building in which is conducted a primary use of the lot on which said building is situated.

There may be more than one principal building on a lot.

As many times as the local ordinance has been read, it’s amazing how something can jump out, something seemingly insignificant, but commonly misunderstood. It’s not very often that lot coverage [the amount of the lot covered by buildings] becomes a critical factor.

But, in some situations, it’s the difference between getting a permit or the need of an Area Variance. Open decks and porches are not used when calculating building coverage. Won’t make that mistake again!!

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