A.
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership, business entity
and individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is mandatory.
(6)
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended," "arranged" or
"designed to be occupied."
B.
Any word or term not defined herein shall be used with a meaning
of standard usage.
A.
ABANDONED ITEM
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
ABANDONMENT
ACCESSORY
(1)
(2)
(3)
(4)
ACCESSORY DWELLING UNIT
AGRICULTURAL USE
(1)
(2)
(3)
ALTERATION
ANIMAL HOSPITAL
ANIMAL KENNEL
ANIMAL SHELTER
APARTMENT
AREA
(1)
(2)
(3)
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
BAR
BASEMENT
BED-AND-BREAKFAST
BUILDING
(1)
(2)
BUSINESS
CAR WASH
CODE ENFORCEMENT OFFICER
COMMUNITY CENTER
CONVENTION CENTER
CRAFT BEVERAGE INDUSTRY
DWELLING
(1)
(2)
(3)
(4)
EDGE OF PAVEMENT
FACILITY
FAMILY
FARM STAND
(1)
(2)
FINANCIAL INSTITUTION
FUNERAL HOME
GASOLINE STATION
GREENHOUSE/NURSERY, COMMERCIAL
GROUND FLOOR
HEALTH CARE FACILITY
HOME OCCUPATION
HOTEL
INDUSTRIAL
(1)
(2)
(3)
JUNKYARD
LIBRARY
LOT
(1)
(2)
(3)
(4)
LOT LINE
(1)
(2)
(3)
MACHINE SHOP
MANUFACTURED HOME
MANUFACTURED HOME PARK
MIXED-USE BUILDING
MOTEL
MOTOR VEHICLE
NONCONFORMING STRUCTURE OR LOT
NONCONFORMING USE
NURSING HOME
OFFICE, PROFESSIONAL
OPEN SPACE
PARK MODEL RECREATIONAL UNIT
PERMIT
(1)
(2)
(3)
PERMITTED USE
PERSON
PLANNING BOARD
PORTABLE STORAGE STRUCTURE
PRIVATE CLUB
PUBLIC FACILITY
PUBLIC SELF-STORAGE FACILITY
RECREATION
(1)
(2)
RECREATION SPACE
RECREATIONAL VEHICLE (RV)
RECREATIONAL VEHICLE PARK OR CAMPGROUND
RELIGIOUS INSTITUTION
RESTAURANT
RETAIL BUSINESS ESTABLISHMENT
RIGHT-OF-WAY
SCHOOL, PUBLIC OR PRIVATE
SEQRA
SERVICE BUSINESS ESTABLISHMENT
SETBACK
SEWER
SHOPPING CENTER
SHORT-TERM RENTAL
SIGHT DISTANCE TRIANGLE
SIGN
SITE
SITE PLAN
SITE PLAN REVIEW
SKETCH PLAN
SPECIAL USE PERMIT
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
(1)
(2)
STORY
STREET
STREET LINE
STRUCTURE
(1)
(2)
THEATER
UNNECESSARY HARDSHIP
USE
(1)
(2)
VARIANCE, AREA
VARIANCE, USE
WAREHOUSING, WHOLESALE DISTRIBUTION
WHOLESALE
YARD
(1)
(2)
(3)
Unless a contrary intention clearly appears, the following words
and phrases shall have, for the purpose of this chapter, the meanings
given in the following clauses:
Any item which has ceased to be used for its designed and
intended purpose. The factors used in determining whether or not an
item has been abandoned include but are not limited to the following:
Present operability and functional utility of the item;
The date of last effective use of the item;
The condition of disrepair or damage;
The last time an effort was made to repair or rehabilitate the
item;
The status of registration or licensing of the item;
The age and degree of obsolescence;
The cost of rehabilitation or repair of the item when compared
to its market value; or
The nature of the area and location of the item.
The voluntary, and intentional relinquishment of property
or cessation of the use of property by the owner or lessee without
any intention of transferring rights to another owner or of resuming
the use of the property. "Abandonment" shall also mean to cease or
discontinue a use or activity without intent to resume, but excluding
temporary or short-term interruptions to a use or activity during
periods of remodeling, maintaining, or otherwise improving or rearranging
a facility, or during normal periods of vacation or seasonal closure.
An "intent to resume" can be shown through continuous operation of
a portion of the facility, maintenance of sewer, water, and other
public utilities including electric service, or other outside proof
of continuance such as bills of lading, delivery records, etc.
The term applied to a building, structure, system, or use
(except for an accessory dwelling unit) that:
Is customarily incidental and subordinate to and serves a principle
building or use served;
Is subordinate in area, extent, or purpose to the principle
building and use served;
Contributes to the comfort, convenience, or necessity of occupants
of the principle building or principle use; and
Is located on the same parcel as the principle building or principle
use.
A second, subordinate residential dwelling unit located on
the same parcel as a primary, one-family dwelling unit, either within
the same building as the one-family dwelling unit or in a detached
building. It may be an adaptive reuse of an existing permanent detached
accessory structure such as a barn, carriage house or garage or a
new construction. Recreational vehicles, as defined below in this
section, are not considered accessory dwelling units.
The use of land and resources for the production of food,
fiber, fuel, and for agritourism activities in accordance with the
accepted practices of land, nutrient, and farm management as defined
by the New York State Department of Agriculture and Markets including
but not limited to the raising, harvesting, and selling of crops;
feeding (including grazing), breeding, managing, selling, or producing
livestock, poultry, fur-bearing animals, or honeybees; dairying and
the sale of dairy products; any other aquacultural, floricultural,
horticultural, silvicultural, or viticultural use; animal husbandry,
agricultural support industries, or by any combination thereof; and
the use of land for the primary purpose of stabling or training equines
including, but not limited to, providing riding lessons, training
clinics, and schooling shows.
AGRITOURISMA form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm or business owner including but not limited to: pumpkin picking patches, corn mazes, U-pick or Community Supported Agriculture (CSA) operations, petting and feeding zoos, hayrides, cut-your-own Christmas tree farms, demonstration farms, agricultural museums, living history farms, on-farm farmers' markets or roadside stands, winery tours and wine tasting, and garden tours.
CROP PRODUCTIONCommercial agricultural field and orchard uses including production of field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing, and sales in the field not involving a permanent structure.
KEEPING OR RAISING OF SMALL ANIMALS OR POULTRYAn agricultural use involving the keeping and raising of poultry (such as chickens, turkeys, ducks, etc.), rabbits, and similar animals outdoors in cages, coops, hutches, and enclosures.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
Any facility maintained by or for the use of a licensed veterinarian
in the diagnosis, treatment, or prevention of animal diseases wherein
the animals are limited to dogs, cats, or other comparable household
pets and wherein the overnight care of said animals is prohibited
except when necessary in the medical treatment of the animal.
Any structure, land, or combination thereof used, designed,
or arranged for the commercial boarding, breeding or care of dogs,
cats, pets, fowl, horses, or other domestic animals for profit, but
exclusive of animals used for agricultural purposes.
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, an established humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of animals.
A room or suite of rooms, with toilet and culinary accommodations,
used or designed for use as a residence by a family and forming one
habitable dwelling unit, located in a building containing two or more
such rooms or suites or located in a building devoted primarily to
nonresidential use.
LOT AREAThe total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
FLOOR AREAThe sum of the gross horizontal area of several floors of a building, excluding cellar and basement floor areas not devoted to residential use. Floor area does not include cellars, enclosed porches or accessory buildings not used for human occupancy.
The use of any building or portion thereof, or other premises
or portion thereof, for the display, sale, rental, or lease of new
or used motor vehicles, boats, trailers, recreational vehicles, or
farm equipment of all types. This use may also include any warranty
repair work and other repair service conducted as an accessory use.
Any building, structure, improvements, or land used for the
repair and maintenance of automobiles, motorcycles, trucks, trailers,
recreational vehicles, boats, or similar vehicles including the sale,
installation, and servicing of equipment and parts. This use includes
muffler shops, auto repair garages, tire sales and installation, wheel
and brake shops, body and fender shops, and similar repair and service
activities, but excludes dismantling or salvage. Gasoline stations,
as defined elsewhere in this chapter, are not considered automobile
service stations and as such as not included in this definition.
A building or portion thereof whereby the principal use is
for the sale of alcoholic and nonalcoholic beverages for on-premises
consumption; subject to the laws and regulations of the New York State
Liquor Authority. The incidental sale or provision of food or snacks
shall not entitle such a use to be considered a restaurant, as defined
elsewhere in this chapter.
A story that is partly underground with less than 1/2 of
its clear height below finished grade. A basement shall be counted
in determining the permissible height of a building in terms of the
number of stories.
A residential dwelling occupied by an owner providing not
more than five sleeping rooms to travelers or short-term guests for
compensation and serving breakfast to guests only.
A structure enclosed within exterior walls, built, erected
and framed of a combination of materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals,
or property.
BUILDING COVERAGEThe percentage of the plot or lot area covered by the building area.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Any lawful commercial venture designed to generate income.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the Code Enforcement Officer
may be construed to include Building Inspector, Plumbing Inspector,
Electrical Inspector, and the like, where applicable.
A building to be used as a place of meeting, recreation,
or social activity and not operated for profit and in which neither
alcoholic beverages or meals are normally dispensed or consumed.
A facility designed to accommodate 500 or more persons and
used for conventions, conferences, seminars, product displays, recreation
activities, and entertainment functions, along with accessory functions
including temporary outdoor displays, and food and beverage preparation
and service for on-premises consumption.
Land and buildings used for the production and/or sale of
craft beverages, including offering of tastings with or without an
accessory restaurant use. Examples of craft beverage industries include
wineries, breweries, cideries, and distilleries; and includes operations
that are classified as either a "regular," "farm," "special," or "micro"
based operation by the NYS Alcohol and Beverage Control Law.
A house, apartment building, or other permanent building
designed or used primarily for human habitation. A dwelling shall
not be deemed to include a hotel, motel, or bed-and-breakfast. A dwelling
is more specifically defined as the following:
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
MULTIPLE-FAMILY DWELLINGA building or portion thereof containing three to eight dwelling units, and occupied by three to eight families, with separate living, sleeping, cooking, and sanitary facilities for each unit. Apartment houses are considered to be multiple-family dwellings.
ONE-FAMILY DWELLINGA detached building designed for or containing only one dwelling unit, and occupied exclusively by one family.
TWO-FAMILY DWELLINGA building designed for or containing only two dwelling units, and occupied exclusively by two families living independently of each other, with separate living, sleeping, cooking, and sanitary facilities for each unit.
The outer edges of the paved portion of a street, including
paved shoulders and on-street parking areas, but not including sidewalks
and driveways.
A structure or place which is built, installed, or established
to serve a particular purpose.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit as distinguished
from a group occupying a boardinghouse, lodging house, club, fraternity
or hotel.
A structure or vehicle whose principal use is the seasonal
display and sale of agricultural and value-added products; and may
also involve the accessory sales of homemade handicrafts.
AGRICULTURAL PRODUCTAny agricultural product of the soil or water, including but not limited to fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, nuts, and cut or potted flowers or plants.
VALUE-ADDED AGRICULTURAL PRODUCTThe increase in the fair market value of an agricultural product resulting from the processing of such product. Examples of value-added agricultural products include but are not limited to honey, preserves, maple sap products, apple cider, fruit juice, and baked goods.
An establishment where the principal businesses is the receipt,
disbursement or exchange of funds and currencies, such as a bank,
savings or loans association, trust company, credit union, or other
business association, which is chartered under federal or state law.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Permitted accessory uses may
include car wash facilities and/or the retail sale of convenience
items, including but not limited to snacks and beverages, and minor
automotive supplies or liquids, provided such accessory uses are located
indoors. Motor vehicle body work, major structural repair or painting
by any means are not to be considered permitted accessory uses.
An operation for the cultivating, harvesting, and sale of
plants, bushes, trees, and other nursery items grown on site or established
in the ground prior to sale, and for related accessory sales and uses.
The floor of a building at or nearest to ground level.
A facility principally engaged in providing services for
health maintenance, diagnosis or treatment of human diseases, pain,
injury, deformity, or physical condition, including but not limited
to a general hospital, diagnostic center, treatment center, rehabilitation
center, extended care center, nursing home, intermediate care facility,
outpatient laboratory, or central services facility serving one or
more such institutions.
An activity customarily carried on in a dwelling unit or
in a building or other accessory structure to a dwelling unit, for
profit, conducted by a person or persons residing on the premises;
and which activity is clearly incidental to the principal use of any
dwelling. In particular, a home occupation includes the following:
art, music or dance studio, professional office of a physician, dentist,
lawyer, engineer, architect, writer or accountant, insurance agency,
real estate agency, beauty salon, barbershop, travel agency, or similar
business. Among the uses that shall not be considered to be a home
occupation are the following: animal hospital, commercial stables
and kennels, funeral parlor, nursing home, antique shop, restaurant
or similar business.
A building or group of buildings in which there are rental
sleeping rooms for temporary lodging and which may also include dining
rooms, kitchens, serving rooms, meeting rooms, ballrooms, and other
facilities and services intended primarily for the accommodation of
its patrons.
Of, relating to, concerning, or arising from the assembling,
fabrication, finishing, manufacturing, packaging, or processing of
goods.
LIGHT INDUSTRIALUses engaged in the manufacture, predominantly from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. Further, "light industrial" shall mean uses such as the manufacture of electronic instruments, pharmaceutical manufacturing, research and scientific laboratories, or the like. "Light industrial" shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries. Light industrial enterprises shall have limited external effects.
MEDIUM INDUSTRIALIndustrial enterprises with moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.
HEAVY INDUSTRIALIndustrial enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.
A lot, or part thereof, whether inside or outside a building,
used primarily for the collecting, storing and sale of wastepaper,
rags, scrap metal or discarded material; and/or for the collecting,
dismantling, storage and salvaging of machinery or two or more unregistered
vehicles, whether in running condition or not, or parts thereof. The
term shall include any place of storage or deposit for any purpose
of used parts or waste materials from motor vehicles which, taken
together, equal in bulk two or more such vehicles.
A public, nonprofit facility in which literary, musical,
artistic, or reference materials such as but not limited to books,
manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for
sale.
A parcel of land occupied or used or set aside and available
for use as the site of one principal structure or use with its accessory
structures thereto, including such open spaces as are required by
this chapter, or for any other purpose, in one ownership and not divided
by a street, not including any land within the right-of-way of a public
or private street upon which said lot abuts, even if ownership to
such way is in the owner of the lot. A lot for the purpose of this
chapter may or not coincide with a lot of record.
CORNER LOTA parcel of land at the junction of and fronting on two or more intersecting streets.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
Any boundary line of a lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street right-of-way is called a "side street lot line."
A shop where lathes, presses, grinders, shapers, and other
wood-and metal-working machines are used such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing, heating, and electrical
repair shops; and overhaul shops.
As used in this chapter, the terms "manufactured home" or
"mobile home" are defined by the terms of the Residential Code of
the NYS Uniform Fire Prevention and Building Code Chapter 2, Section
R202, as adopted or hereafter amended. The terms "mobile home" and
"manufactured home" shall not include any self-propelled recreational
vehicle or park model recreational unit.
A contiguous parcel of land which has been planned, developed,
and improved for the placement of manufactured homes for residential
use with single control or ownership by an individual, firm, trust,
partnership, public or private association, or corporation. Any grouping
of two or more manufactured homes or manufactured home lots shall
be considered a manufactured home park.
A building combining two or more different uses which are
permitted in the zoning district in which the building is located.
A building or series of buildings in which lodging is offered
for compensation, and which is distinguished from a hotel primarily
by reason of providing direct independent access to, and adjoining
parking for, each rental unit.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways or waterways,
including but not limited to automobiles, motorcycles, trucks, trailers
or boats.
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, off-street
loading, or accessory buildings, but which structure or lot was in
existence at the effective date of this chapter and was lawful at
the time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this chapter for the district in which it
is located, but which was in existence at the effective date of this
chapter and was lawful at the time it was established.
A facility primarily devoted to housing five or more individuals
requiring medical attention due to illness, disease, or physical or
mental infirmity, providing food, shelter, and care for compensation.
A nursing home shall not include hospitals, clinics, or similar facilities
devoted primarily to the diagnosis and treatment of the sick or injured.
The office of a member of a recognized profession maintained
for the conduct of business. Recognized professions include but are
not limited to the following categories: personal health services,
such as physician, dentist, optometrist, clinic for outpatients, architect,
attorney, realtor, insurance, writer, or accountant.
Any space or area characterized by great natural scenic beauty
or whose existing open space, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding urban development or would maintain or enhance
the conservation of natural or scenic resources.
A park model recreational unit is transportable and primarily
designed for long-term permanent placement on a site. When set up,
park model units are to be connected to utilities which are necessary
to operate fixtures and appliances, they are not self-contained as
an RV. Because of its more permanent nature, park model recreational
units may only be located in an approved recreational vehicle park.
A document issued by the Code Enforcement Officer allowing
a person to begin an activity provided for in this chapter.
BUILDING PERMITA permit issued by the duly designated building official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof. Such a permit shall not be issued without the signature of the Code Enforcement Officer, certifying compliance with this chapter.
OCCUPANCY PERMITThe written approval of the Code Enforcement Officer certifying that a newly constructed structure, addition to an existing structure, or existing structure undergoing a change in use is in full compliance with the provisions of this chapter and that such structure is habitable and in conformance with all applicable sections of the NYS Uniform Fire Prevention and Building Code. Also referred to as a "certificate of occupancy."
ZONING PERMITA statement, signed by the Code Enforcement Officer, setting forth that a building, structure, or use complies with the zoning law and the NYS Uniform Fire Prevention and Building Code and that the same may be used for the purposes stated on the permit. Also referred to as a "certificate of zoning compliance."
Any use which is or may be lawfully established in a particular
district, provided it conforms with all the requirements applicable
to that district.
Includes corporations, companies, associations, societies,
firms and partnerships, as well as individuals.
Any container, storage unit, shed-like container or other
portable structure, other than an accessory building or shed complying
with all building codes and land use requirements, that can be or
is used for the storage of personal property of any kind and which
is located for such purposes outside of an enclosed building. The
use includes temporary or portable units, such as "PODS", tractor-trailers,
or storage trailers (with or without wheels).
Buildings and facilities, owned or operated by a corporation,
association, person, or persons, for a social, educational, or recreational
purpose, to which membership is required for participation, and not
primarily operated for profit nor to render a service that is customarily
carried on as a business.
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which are leased or otherwise operated
or funded by a governmental body or public entity.
A facility characterized by the retail rental of storage
space or units for holding personal or business items with direct
customer access to the storage space. Examples include mini warehouse,
public storage, or self-storage facilities; the use excludes temporary
or portable units, such as "PODS" tractor-trailers or storage trailers
(with or without wheels). Prohibited activities within a self-service
storage facility include but are not limited to the following: commercial
wholesale or retail sales; auctions, garage sales or flea markets;
servicing, repair or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances or similar equipment; the operation of power
tools, spray-painting equipment, table saws, lathes, compressors,
welding equipment, kilns or other similar equipment; the establishment
of transfer storage businesses; and any use that is noxious or offensive
because of odors, dust, noise, fumes or vibrations, but nothing contained
herein shall prohibit enforcement of the provisions of the New York
State Lien Law. None of the aforementioned conditions shall restrict
the facility owner from performing maintenance on this facility.
The refreshment of body and mind through forms of play, amusement,
or relaxation. The recreational experience may be active, such as
boating, fishing, and swimming, or may be passive, such as enjoying
the natural beauty of the shoreline or its wildlife. Recreation activities
may take place indoors or outdoors.
INDOOR RECREATIONA commercial recreational land use conducted entirely within a building. Typical uses may include but are not limited to an arcade, arena, bowling alley, community center, gymnasium, pool or billiard hall, skating rink, swimming pool, or tennis court.
OUTDOOR RECREATIONA commercial recreational land use conducted almost wholly outdoors. Typical uses may include but are not limited to athletic fields, basketball courts, batting cages, golf driving ranges (not associated with a golf course), laser tag, miniature golf, motorized cart and motorcycle tracks, motorized model airplane flying facilities, paintball, swimming pools, tennis courts, and skateboard parks.
The sum of all open or covered areas used for recreation
purposes.
A vehicle built on a single chassis, containing 400 square
feet or less when measured at the largest horizontal projections;
designed to be self-propelled or permanently towed by another vehicle;
and able to have movement on roadways without an oversized load permit
(less than 8 1/2 feet wide). A recreational vehicle is not designed
or intended for use as a permanent dwelling, but as temporary living
quarters for recreational camping, travel, or seasonal use. This definition
includes vehicles such as travel trailers, motor homes, boats, house
boats, and campers; but shall not include the term "park model recreational
unit," as defined elsewhere in this chapter.
A recreational vehicle park (RV park) or campground is a
place where people with recreational vehicles can stay overnight,
or longer, in allotted spaces known as "sites." A recreational vehicle
park or campground must have more than two sites and shall permit
an RV to stay at the site for no longer than six consecutive months.
It may also provide facilities for tent camping.
A building used as a church, place of worship, or religious
assembly, with or without related accessory buildings or uses such
as the following in any combination: rectory or convent, private school,
meeting hall, offices for administration of the institution, licensed
child or adult daycare, playground, or cemetery, where persons regularly
assemble for religious purposes and related social events, which is
maintained and controlled by a religious body organized to sustain
religious ceremonies and purposes.
A building or portion thereof in which the principal use
is for the preparation, sale and consumption of food and beverages.
A place of business devoted in whole or in part to the sale,
rental, or servicing of goods or commodities which are normally delivered
or provided on the premises to a consumer. Typical categories of goods
and services provided by retail business establishments include, but
are not limited to artist and hobby supplies, auto supply stores,
books, clothing and clothing accessories, food and liquor, flowers,
furniture sales, garden supplies, gifts, hardware and paint, household
goods and appliances, newspapers and stationery, pharmacy and medical
supplies, sporting goods, and variety goods. The limited production
of such goods, which are primarily intended for retail sale on the
premises, shall be permitted provided that such production is a necessary
adjunct of the retail establishment.
Land set aside for use as a street, alley or other means
of travel or necessary public utility infrastructure (including but
not limited to water lines, sewer lines, power lines, and gas lines).
An institution for the teaching of children or adults including
primary and secondary schools, colleges, professional schools, dance
schools, business schools, trade schools, art schools, and similar
facilities.
Abbreviation for the State Environmental Quality Review Act
adopted by New York State and administered by the New York State Department
of Environmental Conservation (NYS DEC). This State Act requires local
legislators and land use agencies to consider, avoid, and mitigate
significant environmental impacts of the projects that they approve,
the plans or regulations that they adopt, and the projects they undertake
directly.
An establishment or place of business primarily engaged in
the provision of frequent or recurrent needed services of a personal
nature. Typical uses include, but are not limited to, beauty and barbershops,
shoe repair shops, and tailor shops.
The least required horizontal distance between a lot line,
and any structure on the lot measured at the shortest point, including
terraces, porches, or any covered projection thereof, but excluding
steps and ramps. All setback lines shall be drawn parallel to their
respective lot lines regardless of the shape of the lot. See Figures
1 and 2 below.
 Figure 1: Building Setbacks and Lot Lines
|
 Figure 2: Building Setbacks and Lot Lines on a Corner
Lot
|
Any municipal or privately owned sewer system in which sewage
is collected from a building and piped to an approved sewage disposal
plant or central septic tank disposal system. It may also be referred
to as "off-site sewer."
A group of more than three retail and other commercial establishments
that is planned, owned, and managed as a single property, with customer
and employee parking provided on-site. The center's size and
orientation are generally determined by the market characteristics
of the trade area served by the center. The two main configurations
of shopping centers are malls and open-air strip centers.
An accommodation for transient guests where, in exchange
for compensation, a residential dwelling is rented for lodging for
a period of time not to exceed 30 consecutive days. Such use may or
may not include an on-site manager. For the purposes of this definition,
a residential dwelling shall include all housing types and shall not
include hotel, motels, bed-and-breakfasts, or inns.
An area of land at the intersection of streets, or a street
and a driveway, within which nothing may be erected, planted, placed,
or allowed to grow in a manner which will obstruct the vision of motorists
entering or leaving the intersection.
Any material, structure, device or part thereof, awning or canopy composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed, when used or located out of doors or outside or on the exterior of any building, including window display area, or display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public. See Article XII of this chapter for more definitions related to signs.
A lot or group of contiguous lots not divided by any alley,
street, other right-of-way or the Village boundary line that is proposed
for development in accordance with the provisions of this chapter,
and is in a single ownership or has multiple owners, all of whom join
in an application for development.
A plan of a lot on which is shown topography, location of
all buildings, structures, roads, rights-of-way, boundaries, all essential
dimensions and bearings and any other information deemed necessary
by the Planning Board.
Authority delegated to the Planning Board by the Village
Board of Trustees, which enables the Planning Board to approve, approve
with conditions, or disapprove the site development plans for all
buildings or uses where site plan review is required.
The first step in the site plan review process, often referred to as a "concept plan." Sketch plans shall be provided and reviewed in accordance with the requirements in Article VIII of this chapter.
A use which, because of its unique characteristics, requires
special consideration in each case by the Planning Board to assure
that the proposed use is in harmony with the purpose and intent of
the zoning district in which it is proposed; is subject to and will
meet certain prescribed criteria and standards along with any others
required by the Planning Board; and will not adversely affect the
neighborhood if such requirements are met.
The process that reviewing boards must conduct to determine
whether proposed projects may have a significant adverse effect on
the environment and, if they do, to study these impacts and identify
alternatives and mitigate conditions that protect the environment
to the maximum extent possible.
ENVIRONMENTAL ASSESSMENT FORM (EAF)A form completed by an applicant to assist an agency in determining environmental significance of a proposed action. A properly completed EAF must contain enough information to describe the proposed action, its location, purpose, and potential impacts on the environment.
ENVIRONMENTAL IMPACT STATEMENT (EIS)A written draft or final document prepared in accordance with the SEQRA. An EIS provides a means for agencies, project sponsors, and the public to systematically consider significant adverse environmental impacts, alternatives, and mitigation strategies.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
A public or private way used or intended to be used for passage
or travel by automobiles which affords access to abutting properties.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports, and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground. This term includes but is not limited to buildings,
decks, platforms, ponds, pools, sheds, and portable storage containers.
This term is exclusive of birdhouses, boundary walls, fences, mailboxes,
and lampposts.
STRUCTURE, PRINCIPALA structure in which is conducted or is intended to be conducted the principal use of the lot on which it is located.
STRUCTURE, ACCESSORYA structure (except for an accessory dwelling unit) that 1) is customarily incidental and subordinate to and serves a principle building or use served; 2) is subordinate in area, extent, or purpose to the principle building and use served; 3) contributes to the comfort, convenience, or necessity of occupants of the principle building or principle use; and 4) is located on the same parcel as the principle building or principle use.
An outdoor or indoor area, building, part of a building,
structure, or defined area utilized primarily for showing motion pictures,
or for dramatic, dance, musical, or other live performances and may
also include food or beverage service as an accessory use.
A restriction on a property so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or user, and the property is rendered unusable without the granting of a variance. For a use variance application, in accordance with NYS Village Law § 7-712-b, Subdivision 2(b), the applicant must prove to the Zoning Board of Appeals that an unnecessary hardship exists for each of the four criteria listed in said law and provided in Article XX, § 215-164, of this chapter.
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a parcel of land.
USE, ACCESSORYA use (except for an accessory dwelling unit) that 1) is customarily incidental and subordinate to and serves a principle use; 2) is subordinate in area, extent, or purpose to the principle use; 3) contributes to the comfort, convenience, or necessity of occupants of the principle use; and 4) is located on the same parcel as the principle use.
USE, PRINCIPALThe main or primary use of a lot.
In accordance with NYS Village Law § 7-712, Subdivision
1(b), an "area variance shall mean the authorization by the Zoning
Board of Appeals for the use of land in a manner which is not allowed
by the dimensional or physical requirements of the applicable zoning
regulations."
In accordance with NYS Village Law § 7-712, Subdivision
1(a), a "use variance shall mean the authorization by the Zoning Board
of Appeals for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations."
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are flammable or explosive or that present hazards
or conditions commonly recognized as offensive. Facilities characterized
by extensive warehousing, frequent heavy trucking activity, open storage
of material. This definition excludes public self-storage facilities.
A commercial activity characterized by the bulk storage,
distribution and/or sale of merchandise to other retail, manufacturing,
construction contracting, institutional or wholesale establishments.
This use may include provision for related administrative offices,
product showrooms, truck storage and parking areas. It excludes facilities
for the storage and distribution of petroleum, natural gas or hazardous
chemicals.
An open space unobstructed from the ground up on the same
lot with a principal structure, extending along a lot line or street
line and inward to the structure.
YARD, FRONTA yard between a principal structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a principal structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a principal structure and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
