As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A detached subordinate structure(s), the use of which is
incidental to that of the principal structure and located on the same
lot therewith and located in the same zoning district as the principal
structure, and is without living quarters or cooking facilities.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use of a building.
ADULT USE
Any use or business that uses land, structures or premises
for an adult-oriented purpose by which the provisions of the Penal
Law is required to restrict the access thereto by minors. Such establishments
may include but are not limited to:
(1)
ADULT BOOKSTOREA commercial establishment which, as one of its principal business purposes, offers "for sale or rental for any form of consideration" any one or more of the following:
(a)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations, which depict or describe specified
anatomical areas.
(b)
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be defined
as an "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration of the specified materials which depict or describe
specific sexual activities or specified anatomical areas.
(2)
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
(a)
Persons who appear in a state of nudity;
(b)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(c)
Films, motion pictures, video cassettes, slide or other photographic
reproductions, which are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
(3)
ADULT MOTELA hotel, motel or similar commercial establishment which:
(a)
Offers accommodations to the public for any form of consideration,
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas, and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
(b)
Offers sleeping room for rent for a period of time that is less
than 10 hours; or
(c)
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
(4)
ADULT MOTION PICTURE THEATERA commercial establishment where (for any form of consideration) films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(5)
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(7)
NUDITYThe appearance of a human bare buttocks, anus, genitals or full female breasts.
(8)
SEMI-NUDEA state of undress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portion of the body covered by supporting straps or devices.
(9)
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(a)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(b)
Activities between male and female persons of the same sex when
one or more of the persons is in a state of nudity or semi-nude.
(10)
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
(12)
(a)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
(b)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
(c)
Masturbation, actual or simulated.
(d)
Excretory functions as part of or in connection with any of
the activities set forth above
AGRICULTURE
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities including animals or crops
raised for personal consumption or recreational purposes. "Agriculture"
does not include dude ranches or similar operations.
AUTOMOTIVE REPAIR SHOP
Any area of land, including buildings, which is used primarily
for repair and/or maintenance of motorized vehicles.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
BUILDING HEIGHT
The vertical distance measured from average finished grade
to average roof height.
BUILDING, ACCESSORY
A detached supplemental building, the use of which is incidental
to that of a main or principal building and on the same lot therewith.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS PARK
A group of flex-type or incubator one- or two-story buildings
served by a common roadway system. Tenant space is flexible to house
a variety of uses with the rear side of the building served by a garage
door. The average mixture of uses is 1/3 office-commercial and 2/3
industrial-warehousing.
CARE-RECEIVER
Resident(s) of a caregiver/receiver temporary dwelling unit
who receive care from a caregiver. It is intended that such care-receiver
shall include customary family members of the owners or occupants
of the single-family dwelling, such customary family members typically
include grandparents, parents, siblings, children, and/or in-laws.
CAREGIVER
A person with the responsibility of providing care and/or
assistance to the resident(s) of the caregiver/receiver temporary
dwelling unit.
CARRIAGE HOUSE
An ancillary dwelling located on the same lot as the primary
residence. The carriage house is secondary to the principal residence
and further defined through the restrictions.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the permissible number of stories.
COMMERCIAL RECREATIONAL FACILITY
Any facility used for purposes of play, amusement or relaxation,
such as a playground, ball field, conservation area, education area,
gymnasium, tennis court, bowling alley or other like activities, having
a minimal detrimental impact and operated with the intent of producing
a profit.
CORPORATE HEADQUARTERS BUILDING
A single-tenant office building housing the corporate headquarters
of a company or organization and generally containing offices, meeting
rooms, space for file storage and data processing, a restaurant or
cafeteria and other service functions.
DESIGN GUIDELINES
A set of subjective standards and recommendations governing
the physical form and appearance of development within the district
to which they apply. Design guidelines are to be applied by the Planning
Board and are set forth in the Site Plan Review Act.
DESIGN REQUIREMENTS
A set of mandatory, objective parameters to which proposed
development must conform. The Building Department or Code Enforcement
Officer will evaluate, in the first instance, proposed development
for compliance with design requirements. The design requirements are
set forth in the Zoning Law and are subject to the provisions of that
law.
DUPLEX
See "dwelling, two-family."
DWELLING UNIT
Any single unit, which may include one or more rooms, providing
complete independent living facilities for the use by one family,
including permanent provisions for living, sleeping, eating, cooking
and sanitation.
DWELLING, CAREGIVER/RECEIVER TEMPORARY
A permitted independent, subordinate dwelling unit, either
in or added to an existing single-family dwelling unit, which may
include completely separate and independent cooking, eating, sanitation,
and sleeping areas. Such a dwelling unit shall be clearly accessory
and incidental to the principal dwelling and shall not be deemed to
be a two-family dwelling.
DWELLING, MULTIFAMILY
A structure, or group of structures, each containing three
or more dwelling units and occupied or designed for occupancy by three
or more families living independently of each other. May include apartments,
condominiums, townhouses, and cooperatives.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied by one family
and containing not more than one dwelling unit, but shall not include
a mobile home.
DWELLING, TWO-FAMILY
A building designed as a single structure containing two
separate living units, each designed to be occupied as a separate
permanent dwelling unit for one family, and each dwelling unit is
entirely separated by vertical walls that are unpierced except for
access to the outside or to a common cellar.
EXCAVATION
The removal or addition of soil or rock greater than one
foot in depth covering an area of 600 square feet or 25 cubic yards,
whichever is less.
FAMILY
(1)
Family shall be considered one of the following:
(a)
One, two or three persons occupying a dwelling unit; or
(b)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
(2)
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are all not related by blood, marriage,
or legal adoption do not constitute the functional equivalent of a
traditional family.
(3)
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(a)
The group is one which in theory, size, appearance, structure,
and function resembles a traditional family unit;
(b)
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family;
(c)
The group shares expenses for food, rent, or ownership costs,
utilities and other household expenses;
(d)
The group is permanent and stable. Evidence of such permanency
and stability may include:
[1]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
[2]
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle registration,
and filing of taxes;
[3]
Members of the household are employed in the area;
[4]
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units;
[5]
There is common ownership of furniture and appliances among
the members of the household; and
[6]
The group is not transient or temporary in nature;
(e)
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used
for 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 for lubrication,
washing or otherwise servicing motor vehicles.
GENERAL HEAVY INDUSTRIAL
Typical heavy industrial facilities are limited to the manufacturing
of large items and have a high number of employees per industrial
plant. Sometimes such facilities are categorized as manufacturing.
GENERAL LIGHT INDUSTRIAL
Typical light industrial activities have an emphasis other
than manufacturing and include printing plants, material testing laboratories,
assemblers of data processing equipment and power stations. Light
industrial facilities usually employ fewer than 500 persons, are usually
freestanding and devoted to a single use.
GENERAL OFFICE BUILDING
A facility that houses multiple tenants where affairs of
businesses, commercial or industrial organizations or professional
persons or firms are conducted. An office building may contain a mixture
of tenants, including professional services, insurance companies,
investment brokers and tenant services such as a bank or savings and
loan, a restaurant or cafeteria and retail service facilities.
GOVERNMENT OFFICE BUILDING
An individual building containing the entire function or
simply an agency of a city, county, state, federal or other governmental
unit and differs from a government office complex in that it is not
a group of buildings which are interconnected with pedestrian walkways.
HEALTH CLUB
Privately owned facilities which may include swimming pools,
whirlpools, saunas, tennis, racquetball and handball courts, exercise
classes, weightlifting and gymnastics equipment, locker rooms and
a restaurant or snack bar.
HIGH-CUBE WAREHOUSE
Used for the storage of manufactured goods prior to their
distribution to retail outlets. These facilities consist of large
shells of steel buildings, are often subdivided for individual tenants
and generally have a ceiling height of 24 feet to 26 feet. In addition,
they are generally characterized by small employment numbers due to
a high level of mechanization, have truck activities frequently outside
of the peak hour of the adjacent street system and have good major
highway access.
HOME OCCUPATION
An accessory use carried out for gain customarily conducted
entirely within a single-family dwelling or its accessory buildings
by the resident owners thereof, which is clearly secondary to the
use of the dwelling for living purposes and does not change the character
thereof or have any exterior evidence of such secondary use other
than that permitted. Such home occupations may include, but are not
limited to:
(4)
Certified public accountant.
(7)
One-chair owner-operated hair stylist/barber.
INDUSTRIAL PARK
Industrial parks are areas containing a number of industrial
or related facilities and are characterized by a mix of manufacturing,
service and warehouse facilities. Parks can have a wide variation
in proportion of each type of use from one location to another, some
with a large number of small businesses and others with one or two
dominant industries.
JUNKYARD
A lot, land or structure or part thereof used for the collecting,
storage and sale of wastepaper, rags, scrap or discarded material
or for the collection, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the salvage or sale of
parts thereof.
LOT
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
LOT COVERAGE
The portion of a lot expressed as a percentage of the total
lot area that is impervious (i.e., does not absorb water) and shall
include but is not limited to all areas covered by buildings, structures
(including accessory buildings or structures), parking lots, driveways
roads, sidewalks, and any area of concrete asphalt.
[Added 5-10-2018 by L.L.
No. 3-2018]
LOT LINES
The lines bounding a lot as defined herein.
LOT, WIDTH OF
The mean width measured at right angles to its depth along
the rear line of the required front yard.
MANUFACTURING
Manufacturing facilities are sites where the primary activity
is the conversion of raw materials or parts into finished products
with the size and type of facility varying from one facility to another.
In addition to the actual production of goods, manufacturing facilities
generally also have office, warehouse, research and associated functions.
MEDICAL/DENTAL OFFICE BUILDING
A facility which provides diagnoses and outpatient care on
a routine basis but which is unable to provide prolonged in-house
medical/surgical care. Such facility is generally operated by one
or more private physicians or dentists.
MINI-WAREHOUSE
A building in which a storage unit or vault is rented for
the storage of goods. Each unit is physically separated from other
units and access is usually provided through an overhead door or other
common access point.
MOBILE HOME
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle; which is used, designed
to be used and capable of being used as a detached single-family residence;
and which is intended to be occupied as permanent living quarters
containing sleeping accommodations, a flush toilet, a tub or shower,
kitchen facilities and plumbing and electrical connections for attachment
to outside systems.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings
and for occupancy of more than 90 consecutive days.
MOTEL
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments with automobile parking or
storage space serving such rooms or apartments provided directly or
closely in connection therewith, which building or group of buildings
is designed, intended or used primarily for the providing of sleeping
accommodations for travelers, including groups designated as auto
cabins, motels, motor lodges and by similar designations.
NONCOMMERCIAL PARKING
Parking used in conjunction with an allowed use in a district,
but does not include parking where consideration or fees are provided
in exchange for parking accommodations.
NONCONFORMING USE
A building, structure or use of land existing at the time
of enactment of this chapter which does not conform to the regulations
of the district or zone in which it is situated.
OFFICE PARK
Generally suburban subdivisions or planned unit developments
containing general office buildings and support services such as banks,
savings and loan institutions and restaurants, arranged in a park
or campus-like atmosphere.
PARKING SPACE
An off-street space available for the parking of one or more
motor vehicles and having an area of not less than 162 square feet
and minimum dimensions of nine feet by 18 feet, exclusive of passageways
and driveways appurtenant thereto and giving access thereto, and having
direct access to a street or alley.
PROFESSIONAL
An attorney admitted to practice in the State of New York
or as otherwise duly admitted under the laws of the State of New York,
or a certified public accountant, professional engineer, an architect,
a landscape architect, a physician, a dentist, a speech pathologist,
an audiologist, a chiropractor, a podiatrist, a physical therapist,
or an individual licensed to practice psychology, all as defined in
the Education Law of the State of New York, or those engaged in otherwise
legal business and/or personal services.
PUBLIC RECREATIONAL FACILITY
Any facility used for purposes of play, amusement or relaxation,
such as a playground, ball field, conservation area, education area,
gymnasium, tennis court, bowling alley or other like activities, having
a minimal detrimental impact upon the environment and operated on
a nonprofit basis.
QUARRY, SANDPIT, GRAVEL PIT OR TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a building permit has been
made.
RECREATIONAL COMMUNITY CENTER
Public or nonprofit-organization-owned facilities similar
to and including YMCAs, often including classes and clubs for adults
and children, day care or nursery school, meeting rooms, swimming
pools and whirlpools, saunas, tennis, racquetball and handball courts,
exercise classes, weightlifting and gymnastic equipment, locker rooms
and a restaurant or snack bar.
RESTAURANT, DRIVE-THROUGH
An eating establishment, such as a fast-food restaurant or
snack bar or refreshment stand, so designed and constructed to allow
consumers to be served while in a vehicle outside of the building
and generally from a designated travel lane. Such service shall be
from a window or counter where food is sold to be taken from the premises
for consumption, primarily off-site.
RESTAURANT, FAST-FOOD
An establishment whose principal business is the retail sale
of food from a counter-type installation from which quickly prepared
or prepared foods are taken away by customers in a ready-to-consume
state for consumption on or off the premises at the option of the
consumer and whose design or principal method operation includes:
(1)
Use of a menu generally containing a limited number of special
items;
(2)
Sale of foods, primarily in paper, plastic or other disposable
containers;
(3)
Service and clean-up are primarily performed by the consumer;
and/or
(4)
The percentage of the restaurant's floor area devoted to customer
seating is less than 60% of the gross floor area of such restaurant.
SETBACK
The distance perpendicular from the nearest edge of the street
right-of-way or easement to the building or structure. For curved
streets, "setback" shall be determined from the nearest tangent to
the curve.
SHOPPING CENTER
An integrated facility occupying one or more structures and
consisting of three or more stores, shops and similar entities which
provide parking, internal roads and other infrastructure within one
site, with a minimum combined square footage of 50,000 square feet
gross floor area.
SINGLE-TENANT OFFICE BUILDING
A building which contains the offices, meeting rooms and
space for file storage and data processing of a single business or
company with other possible service functions such as restaurant or
cafeteria.
SNACK BAR/REFRESHMENT STAND
An eating establishment with similar characteristics to a
fast-food restaurant, except for the following:
(1)
Generally seasonal in operation;
(2)
Generally with counter-type service;
(3)
Generally with limited or no indoor customer table space or
seating;
(4)
Generally with outdoor table and seating space.
STANDARD RESTAURANT
An establishment whose principal business is the sale of
food to customers in a ready-to-consume state and whose principal
method of operation includes one or both of the following characteristics:
(1)
Customers, normally provided with an individual menu, are served
their food and beverage by a restaurant employee at the same table
at which food and beverage are consumed;
(2)
A cafeteria-type operation where food and beverage generally
are consumed within the restaurant building.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STREET
Includes streets, roads, avenues, lanes or other trafficways
between right-of-way lines.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculating and/or controlled water supply.
TRUCK TERMINAL
Facilities where goods are transferred between trucks, trucks
and railroads or trucks and ports.
UNITED STATES POST OFFICE
A federal building housing service windows for mailing packages
and letters, post office boxes, offices, sorting and distribution
facilities for mail and vehicle storage area.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
WAREHOUSING
Warehouses are primarily devoted to the storage of materials;
however, they may also include office and maintenance areas.
YARD, FRONT
An open, unoccupied space on the same lot with a building,
between the front line of the building and the front line of the lot
and extending the full width of the lot.
YARD, REAR
An open, unoccupied space on the same lot with a building,
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
YARD, SIDE
An open, unoccupied space on the same lot with a building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.