Specific terms. As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the main
use or building and located on the same lot therewith. In no case
shall such accessory use dominate in area, extent or purpose, the
principal lawful use or building.
ANIMAL HOSPITAL
A building or structure devoted to the medical care of animals
by licensed veterinarians.
BANK
A banking establishment licensed by either the state or federal
government to conduct banking activities and includes banking organizations
as defined in the Banking Law of the State of New York.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
such a structure is divided into separate parts by one or more unpierced
walls extending from the ground up, each such part shall be deemed
to be a separate building except as regards requirements for side
yards as hereinafter provided.
BUILDING HEIGHT
All measurements of building heights shall be made and determined
in the following manner:
(1)
If a curb level has been established on the street on which
the building faces and the mean natural level of the lot is lower
or not more than five feet higher than the mean front curb level,
the measurement shall be made from the curb level.
(2)
If the mean natural level of the lot is more than five feet
higher than the curb level or if there be no such established curb
level, or if the building sets back more than 50 feet from a street,
the measurement shall be made from the mean natural level of the lot
immediately adjacent to the building foundation.
(3)
All such measurements shall be made vertically upward to the
mean level of the main portions of the roof.
BUILDING LINE
A line parallel to the street line, between which line and
the street line no building may be built.
BUILDING, PRINCIPAL
A building or structure designed primarily to accommodate
a principal use, and including but not limited to commercial or other
structures without a roof, such as stadiums, factory components, commercial
radio, TV or microwave transmitting towers and similar structures.
The enclosed storage of vehicles within or integral to the principal
building (such as an attached garage) shall be considered part of
the principal building.
BUSINESS OFFICE
Includes commercial, professional, financial (excluding banks),
insurance, real estate, governmental, and utility service company
offices, and includes data processing, computer programming and similar
activities and centers.
COMMERCIAL RECREATIONAL ESTABLISHMENTS
Commercially operated sports arenas, bowling alleys, bathing
beaches, golf courses, handball courts, ice or roller skating rinks,
ski tows, shuffle-board, swimming pools, tennis courts, toboggan runs
and other sports adjuncts.
CREDIT UNION
A cooperative association that uses money deposited by a
closed group of persons and lends it out again to persons in the same
group at favorable interest rates.
DWELLING
A building or portion thereof designed or used exclusively
as the residence or sleeping place of a family.
DWELLING UNIT
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
(1)
The group shares the entire dwelling unit.
(2)
The group lives and cooks together as a single housekeeping
unit.
(3)
The group shares expenses for food, rent, utilities or other
household expenses.
(4)
The group is permanent and stable, and not transient or temporary
in nature.
(5)
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FARM
Any parcel of land which is used for the raising of agricultural
products, livestock, poultry and dairy products by a resident owner
or tenant as a primary source of income.
FARM STRUCTURE
Any structure necessary to the operation of a farm and for
the storage of farm equipment, except dwellings, garages used for
the storage of non-farm vehicles, and roadside stands used for the
sale of products raised on the premises.
GARAGE, PRIVATE
A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles used by the occupants
of the premises, including space for not more than three passenger
vehicles used by others.
GARAGE, PUBLIC
A structure or portion thereof, other than a private or community
garage, used for the storage, hire or repair of self-propelled vehicles
or trailers.
GASOLINE SERVICE STATION
Any establishment supplying and selling gasoline or other
equivalent fuel direct to motor vehicles from a pump or pumps located
outside a building and on private property.
HOME OCCUPATION
Any occupational use customarily conducted entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof. The conducting
of a clinic, hospital, barber shop, beauty parlor, tea room, tourist
home or any similar use shall not be deemed to be a home occupation.
HOTEL; MOTEL
A structure containing transient and/or permanent lodging
facilities for the general public and which generally contains facilities
incidental to such occupancy, such as restaurants, meeting rooms,
accessory retail business activities and related incidental activities
designed primarily to accommodate the occupants but open to the general
public. This term shall also include motels, inns and similar commercially
oriented transient lodging facilities, but exclude rooming and boarding
houses and tourist homes.
KENNEL
Any premises on which four or more dogs over four months
of age are kept.
LOT
A parcel of land for occupancy by a building or use and the
accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter and such open spaces
as are arranged and designed to be used in connection with such building.
A lot may be or may not be the land shown as a lot on a duly recorded
plot.
(1)
CORNER LOTA lot of which at least two adjacent sides abut for their full lengths upon streets.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINES
The property lines bounding the lot. In the case of a lot
abutting on more than one street, the owner may elect any street lot
line the front lot line. The rear line shall be the lot line most
distant from the front lot line.
LOT WIDTH
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such lot or at a distance from the front lot line equal
to the required depth of front yard.
MOBILE HOME
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same conveniences as immobile
housing with respect to water supply, light, heat, power, and waste
disposal. A mobile home is a portable unit designed and built to be
towed on its own chassis comprised of a frame and wheels, connected
to utilities, and designed without a permanent foundation for year-round
living. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity as well as two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. Mobile units can
be designed to be used for residential units; excluding, however,
travel trailers, motorized homes, pick-up coaches and camping trailers.
MOTEL
See "hotel; motel."
MOTOR VEHICLE SALES, SERVICE OR REPAIR
An establishment that stores and sells motor vehicles and
related equipment directly to customers and/or services and repairs
motor vehicles and related equipment, but expressly prohibits motor
vehicle dismantling except incidental to the repair of motor vehicles;
automobile parts recycling; the storage of abandoned unlicensed or
junked motor vehicles or parts of such motor vehicles.
NONCONFORMING USE OR BUILDING
A legally existing use of land, premises, building or structure,
existing at the time of the effective date of this chapter or any
subsequent amendment, which fails to comply with the regulations set
forth in this chapter applicable to the district in which such use
is located.
PARKING SPACE
An off-street space which is available for the parking of
one motor vehicle, has an area of not less than 200 square feet exclusive
of passageways and driveways giving access thereto, and which has
direct access to a street.
PERSONAL SERVICE SHOP
A business that primarily provides services of a personal
nature, including, but not limited to, barbering, cosmetology, hairdressing
and styling, photographic portrait studio, coin-operated laundries,
dry cleaning shops, and fitness centers (as distinguished from indoor
recreation). This term does not constitute nor include a retail store.
PROFESSIONAL OFFICE
The office of accountants, architects, engineers, attorneys,
physicians, dentists and any other practitioners of the healing arts
recognized and licensed by the State of New York.
RETAIL STORE
An activity designed for and primarily characterized by the
direct on-premises sale of goods and services within a building to
the ultimate consumer, generally involving stock-in-trade, such as,
but not limited to, clothing, appliances, household goods, furniture,
hardware, software, food, health aids and similar products. This terms
does not include restaurants; farm or motor vehicle sales, service
or repair; storage yards; outdoor retail sales, lumber yards or business
offices.
RIDING STABLE
The use of a lot, building, structure or lands for the pasturing,
stabling, grooming, training, exercising, working, raising, shoeing,
feeding, breeding, trail riding or riding of one or more horses, donkeys,
ponies or mules, including any activity utilizing horses, donkeys,
ponies or mules to haul wagons, sleds, buggies, carriages or similar
equipment. A private stable may be operated for hire or open to the
public.
SHOPPING CENTER or MALL
A building or group of buildings containing a group of compatible
retail stores, restaurants, business and professional offices designed
and developed under unified control and providing common parking areas
and loading facilities.
SIGN
Any structure or part thereof, attached thereto, or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious, or like organization,
on the property thereof.
STORAGE YARD
All or part of a lot used for the storage of lumber, cut
or milled wood, masonry products, piping, building products, sand,
gravel or similar bulky products which do not require indoor storage.
Storage yard activity may involve wholesale and/or retail sale of
materials.
STREET
Any road, avenue, lane, alley or other way which has become
a public highway or an approved private right-of-way.
STREET GRADE
The elevation of a street as established by the Town.
STREET LINE
The lot line of a street. (Do not confuse with the curbline).
STRUCTURE
Anything constructed or erected, which requires permanent
location on the ground or attachment to something having such location.
TOURIST HOME
A single-family dwelling in which overnight sleeping accommodations
are provided for overnight transient paying guests.
VOLATILE MATERIALS
Gasoline or any substance more vaporizable or more inflammable
than gasoline.
WAREHOUSE
A facility for the storage of goods, wares, merchandise,
fruits, vegetables and other food products.
WHOLESALE BUSINESS
A commercial activity characterized by the sale of merchandise
in quantity to retail, manufacturing, institutional or other wholesale
establishments, including on-premises storage and distribution facilities,
but excluding bulk petroleum storage.
YARD
(1)
FRONTAn open space extending the full width of the lot between a main building and the front lot line unoccupied and unobstructed by buildings, the depth of which shall be the least distance between the front lot line and the front of a main building.
(2)
REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
(3)
SIDEAn open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings. The required width of side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the main building. An interior side yard is any side yard not on the street side of a corner lot.