As used in this chapter, the following terms shall have the meaning
indicated:
ACCESSORY DWELLING UNIT
A second dwelling unit either in or added to a one-unit dwelling,
or in a separate accessory structure on the same lot as the principal
structure, for use as a complete, independent living facility with
provision within the accessory dwelling unit for cooking, eating,
sanitation, and sleeping. Such a dwelling shall be clearly accessory
and incidental to the principal dwelling.
ACCESSORY STRUCTURE
A structure customarily incidental and subordinate to the
principal use or building and, except as otherwise provided, located
on the same lot therewith.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and, except as otherwise provided, located on the
same lot therewith.
ADULT ENTERTAINMENT
An establishment consisting of, including, or having the
characteristics of any or all of the following:
(1)
ADULT CABARETAn establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
(2)
ADULT MOTION PICTUREAn enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT RETAIL
An establishment having as a substantial or significant portion
of its stock-in-trade instruments, devices, materials or paraphernalia,
other than prophylactics, that are designed for use in connection
with specified sexual activities, books, magazines, publications,
tapes or films that are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities or
anatomical genital areas.
AGRICULTURAL USE
The production, keeping or maintenance of plants and animals,
including, but not limited to, forages and sod crops; grains and seed
crops; dairy animals and dairy products, poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules,
or goats, or any mutations or hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products;
fur animals; trees, forest products and forestry uses; fruits of all
kinds, including grapes, nuts, berries and vegetables.
AIRPORT or AIRCRAFT LANDING FIELD
Any landing area, runway or other facility designed, used,
or intended to be used either publicly or privately by any person
or persons for the landing and taking off of aircraft, including all
necessary taxiways, aircraft storage, tie-down areas, hangers, and
other necessary and customarily accessory buildings and open spaces.
ALLEY
Private right-of-way dedicated for the use of pedestrians,
vehicles or public utilities as a means of access to abutting property.
ALTERATION
Any change, rearrangement, addition or relocation of a building
or structure and any modification in construction or building equipment.
APARTMENT BUILDING
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
APPLICANT
Owner of a parcel on which a development is proposed, and
the developer of such parcel.
AREA, FLOOR
The horizontal area of a building as outlined by its exterior
main walls, not including uninhabitable basements or cellars, built-in
or attached garages, porches or terraces.
ASSEMBLY HALL
A structure for groups of people to gather for an event or
regularly scheduled program.
AUCTION BARN
A building, area, or areas within a building used for the
public sale of goods, wares, merchandise, or equipment to the highest
bidder. This definition excludes therefrom an auction, the principal
purpose of which is the sale of livestock or motor vehicles.
AUTOMOTIVE CAR WASH
Mechanical facilities for the washing or waxing of automobile,
light trucks, and vans.
AUTOMOTIVE GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline, oil or other motor vehicle fuel, including
a convenience store, provided that the store is an integral part of
the gasoline station, excluding towing and automobile service.
AUTOMOTIVE SALES AND SERVICE
A structure or lot for the display, sale, rental, or lease
of new or used motor vehicles not including recreational vehicles.
AUTOMOTIVE TOWING/SERVICE
Any area of land, including structures thereon, that is used
or designed to be used for the maintenance, servicing, repair or painting
of vehicles, rebuilding engines or transmissions, bodywork, framework,
or welding.
BASEMENT
A story partly below grade but having at least 1/2 of its
height (measured from floor to ceiling) above the average adjoining
grade. (See "cellar.")
BED-AND-BREAKFAST
A building containing a single operator-occupied dwelling
unit in which at least one, but not more than five, sleeping rooms
are provided by the owner for compensation, for the accommodation
of transient guests with no more than one meal served daily and the
entire service is to be included in one stated price.
BUFFER
A horizontal, landscaped distance between certain uses intended
to preserve vegetation, reduce noise and glare, or maintain privacy.
(See "screen.")
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 the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roots, to the deckline of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LINE
A line generally parallel to the street line located a sufficient
distance therefrom to provide for required yards, and between such
line and the street line no building shall be located.
BUILDING MATERIALS SUPPLY
An establishment engaged in selling lumber and a general
line of building materials and hardware to the public. This definition
includes only those uses in the following NAICS group(s): 4441 Building
Materials and Supplies Dealer (Retail).
BUILDING PERMIT
A certificate issued by the County Building Department permitting
the construction, reconstruction, remodeling, alteration or repair
of a building after review and approval of the submitted plans for
said building.
BUILDING, PRINCIPAL
A building in which the main or principal use of the lot
is conducted. On farms, the dwelling shall be considered the principal
building.
CAMP
Any area of land on which are located two or more cabins,
tents, recreational vehicles, shelters, or other accommodations of
a design or character suitable for seasonal or other temporary living
purposes.
CAMPING GROUND
A parcel of land used or intended to be used, let, or rented
for occupancy by campers or for occupancy by or of recreational vehicles,
tents, or movable temporary dwellings, rooms, or sleeping quarters
of any kind.
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.
(See "basement.")
CEMETERY
Land used or intended to be used for the burial of deceased
human beings and dedicated for cemetery purposes.
CLINIC
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by a group of
physicians, dentists, other healthcare professionals, or similar professions.
CLUB, PRIVATE
A nonprofit social organization whose premises are restricted
to its members and their guests.
CONTRACTOR'S YARD
A building or area of land where a person, firm or corporation
engaged in business or a related field stores materials, equipment
and supplies used exclusively in business.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAY-CARE CENTER
Any place, including an occupied residence, used for the
supervision and care of preschool children for periods of less than
24 hours per day and in accordance with any appropriate state requirements.
DRIVE-THROUGH USE
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
DWELLING
A building designated or used exclusively as the living quarters
for one or more families.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities,
and which meets the standards of this chapter and the Uniform Fire
Prevention and Building Code as may be hereafter amended.
DWELLING, MULTIUNIT
A building containing three or more dwelling units with shared
or individual entrances and shared or individual other essential facilities
and services.
ENCLOSURE WALL
Wall, gate or door or any combination of these separating
private property from public property or easement.
EXPRESSION LINE
Horizontal line or lines, running the length of the facade
represented by a materials change or continuous setback no more than
12 inches in depth or six inches in projection.
FAMILY
A household consisting of a single housekeeping unit occupied
by one or more persons.
FARM
A single parcel of land 10 acres or more in size on which
an owner or tenant carries on agricultural or dairying pursuits or
the raising of livestock or poultry or the keeping of bees for gain.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry, or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with, and necessary to the operation of
the farm. The term "farm building" shall not include "farm dwelling."
FARM EQUIPMENT SALES AND SERVICE
Establishments selling, renting, or repairing agricultural
machinery, equipment, and supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, and other operations
and processes pertaining to farming and ranching.
FENCE
A living hedge or an artificially constructed barrier of
wood, masonry, stone, wire, metal, or any other manufactured material
or combination of materials erected for the enclosure of yard areas.
FINANCIAL INSTITUTION
An establishment where the principal businesses is the receipt,
disbursement or exchange of funds and currencies.
FLEA MARKET
An occasional or periodic market held in an open area or
structure where goods are offered for sale to the general public by
individual sellers from open or semi-open facilities or temporary
structures. This definition excludes therefrom a market, the principal
purpose of which is the sale of livestock or motor vehicles.
FLOODPLAIN
That portion of land lying within an area subject to periodic
flooding, as defined by the one-hundred-year flood elevation.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation.
GAME MACHINE
Any amusement machine or device operated by means of the
insertion of a coin or token for the purpose of amusement or skill.
GAME ROOM
Any establishment, room or place where more than four game
machines are available to the public.
GARAGE, PRIVATE
An enclosed structure accessory to a principal building for
the purpose of storing motor vehicles and/or items incidental to the
main building.
GARAGE, REPAIR
Any garage, other than a private garage or gasoline service
station, which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
A place where gasoline, oil, grease, batteries, tires, motor
vehicle accessories, etc., may be supplied and dispensed at retail
and which may or may not include facilities for lubricating, washing
or otherwise servicing motor vehicles, but not including painting.
GOVERNMENT FACILITIES
Services traditionally provided by local government, including
water and sewer, roads, parks, public utilities, libraries, and police
and fire.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs related thereto.
GREENHOUSE or NURSERY
An establishment for the growth, display, and/or sale of
plants, shrubs, trees, and materials used in indoor or outdoor planting,
conducted within or without an enclosed building.
GROUP DEVELOPMENT
A group of two or more (detached) dwellings located on the
same lot, having any yard or open space in common, and planned as
a single, integrated development.
GROUP HOME
A use, structured as a single housekeeping unit and in accordance
with all appropriate state regulations, providing supervision and
support in a family-like setting for persons who, by reason of mental
or physical disability, addiction to drugs or alcohol, or family and
school adjustment problems, require specialized attention and care
in order to achieve personal independence.
HABITABLE SPACE
Building space, the use of which involves human presence
within view of the public pedestrian space.
HOME OCCUPATION
An accessory use of a dwelling unit or accessory structure
for gainful employment involving the manufacture, provision, or sale
of goods and/or services.
HOSPITAL
An establishment providing physical or mental health services,
inpatient or overnight accommodations, and medical or surgical care
of the sick or injured. Includes sanitariums.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
animals.
HOTEL or MOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
HOUSEKEEPING UNIT
Persons living together and occupying a separate building
or dwelling unit in a family-like living arrangement as the functional
and factual equivalent of a natural family and who use all rooms and
housekeeping facilities in common.
INCIDENTAL, CUSTOMARILY
For purposes of the definitions of "accessory use" and "accessory
structure," a structure or use which commonly accompanies or is associated
with the type of principal land use that is located on the same property.
For purposes of this chapter, the term "incidental" means the accessory
use or accessory structure is minor or subordinate to the principal
land use.
INDUSTRY, LIGHT
An establishment engaged in the assembly, packaging, storage
and, distribution of products from finished products or parts and
the small-scale production of artisan and/or custom products.
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
Such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an
establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
KENNEL
Any place in or at which any number of dogs are kept for
the purpose of sale or in connection with boarding care or breeding,
for which any fee is charged. The facility may be used for overnight
boarding.
LAUNDROMAT
A business premises equipped with individual clothes washing
and/or drying machines for use by retail customers, which may include
provisions to accept clothing for off-site dry cleaning, exclusive
of any laundry facilities provided as an accessory use in a multifamily
dwelling.
LAUNDRY AND DRYCLEANING PLANTS
A building, portion of a building, or premises used or intended
to be used for cleaning fabrics, textiles, wearing apparel, or articles
of any sort by immersion and agitation, or by immersion only, in volatile
solvents including, but not by way of limitation, solvents of the
petroleum distillate type, and/or the chlorinated hydrocarbon type,
and the processes incidental thereto.
LIVE-WORK UNIT
A lot that contains a dwelling unit and one or more business
or commercial uses in a single building.
LOT
A parcel of land occupied or capable of being occupied by
a building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The distance between the side lot lines measured along the
required front setback line.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
with a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein. The term shall include any structure that
meets all of the requirements of Article 21-B of the Executive Law
of New York State except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the United States Secretary of Housing and Urban Development and
complies with the standards established under Title 42 of the United
States Code. The definition of "manufactured home" shall not include
self-propelled recreational vehicles, travel trailers, or modular
structures. If built prior to 1976, a manufactured home is referred
to as a "mobile home." All regulations referring to manufactured homes
shall be equally applied to mobile homes.
MANUFACTURING, LIGHT
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and groundwater resources, noise and air quality.
MOBILE HOME
A transportable single-family dwelling which may be towed
on its own running gear, which is intended for permanent occupancy,
which is constructed so that it may be used with or without a permanent
foundation, and which is basically complete and ready for occupancy.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
for the placement of mobile homes, appurtenant structures or additions.
NONCONFORMING BUILDING OR USE
A building, structure or use of land lawfully existing at
the time of enactment or amendment of this chapter and which does
not conform to the regulations of the district or zone in which it
is situated.
NONCONFORMING LOT
A lot of record existing at the date of the passage or amendment
of this chapter which does not have the minimum width or contain the
minimum area for the zone in which it is located.
NURSERY
The land and buildings used for the raising and sale of plants,
trees and shrubs.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children and operated on a regular basis.
NURSING HOME
An establishment which provides full-time convalescent or
chronic care for three or more individuals not related to the operator.
Care for the acutely ill or surgical or obstetrical services shall
not be construed to be included in this definition.
OFF-ROAD VEHICLE
An unlicensed motorized vehicle, including but not necessarily
limited to snowmobiles, trail bikes and multiwheeled all-terrain vehicles.
OFFICE PARK
A development that contains a number of separate office buildings,
supporting uses, and open space designed, planned, constructed, and
managed on an integrated and coordinated basis.
PARKING STRUCTURE
A structure designed to accommodate vehicular parking spaces
that are fully or partially enclosed or located on the deck surface
of a building. This definition includes parking garages, deck parking,
and underground or under-building parking areas.
PERSONAL SERVICE SHOP
An establishment or place of business primarily engaged in
the provision of frequent or recurrent needed services of a personal
nature.
PET DAYCARE
A facility for the daily observation and care of dogs, cats,
or other household pets, but not including farm animals or livestock,
which may provide ancillary services such as grooming and training.
The facility may be operated for profit and may not offer overnight
stays.
PRINT SHOP
An establishment in which the principal business consists
of duplicating and printing services using photocopy, blueprint, or
offset printing equipment, including publishing, binding, and engraving.
RECREATION, INDOOR
A business and/or club which for compensation and/or dues
offers indoor recreational services.
RECREATIONAL VEHICLE
A vehicle or a unit that is mounted on or drawn by another
vehicle primarily designed for temporary living. "Recreational vehicle"
includes travel trailers, camping trailers, truck campers, and motor
homes. Residential use of recreational vehicles shall be limited to
campgrounds.
RELIGIOUS ASSEMBLY
A place for public worship, including, but not limited to,
a church, synagogue or mosque.
RESIDENTIAL AREA
An area with a density of four or more dwelling units and/or
residential buildable lots of record per 1,000 linear feet of street,
lying within a circle having a radius of 1,500 feet circumscribed
around the center of the proposed use, and including the frontages
along all existing streets, including those in filed subdivisions.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption to patrons seated within an enclosed building or otherwise
on the premises.
RESTAURANT, FAST FOOD
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
RETAIL
A business or commercial use or activity involving primarily
the sale or merchandise to the public which may include some fabrication
on premises of merchandise/materials that are sold on the premises.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
RIGHT-OF-WAY
Land set aside for use as a street, alley, or other means
of travel.
ROADSIDE STAND
A use, with or without a structure, that is accessory to
a principal use, not for year-round use and at which agricultural
produce is offered for sale to the general public.
SCREEN
A vertical barrier within a buffer designed to block visual
or noise impacts. (See "buffer.")
SIGN
See §
490-72, Sign regulations, of this chapter.
SITE PLAN
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.
SOLAR ENERGY SYSTEM
An arrangement or combination of components and structures
designed to provide heating, cooling, hot water or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation and distributing solar energy.
SOLAR SKYSPACE
The space between a solar collector and the sun which must
be free of obstructions for a solar energy system's effective operation.
STABLE
A building or part of a building used to house horses or
cattle.
STORY
That portion of a building included between the surface or
any floor and the ceiling above it.
STREET
A public or private way which affords the principal means
of access to abutting properties, as approved by the Village Board.
STREET LINE
A common property line separating a public street from abutting
properties.
STREETSCAPE
The area within a street right-of-way that contains sidewalks,
street furniture, landscaping or trees.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
SWIMMING POOL, PRIVATE
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
SWIMMING POOL, PUBLIC
A public or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities, and off-street parking area.
THEATER, INDOOR
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles
or on outdoor seats.
TOURIST HOME
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation, including bed-and-breakfast
establishments.
TRUCK TERMINAL
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring loading, and
unloading goods.
USE
The specific purpose for which land or a building is designated,
arranged or intended or for which it may be occupied or maintained.
UTILITY FACILITIES, PUBLIC
The use of land for public utility purposes by an entity
providing pipeline, gas, electrical, telephone, telegraph, water,
or sewage service. "Public utility" also includes the use of land
for utility purposes, whether or not owned, controlled, or operated
by a public entity, whose services are performed for or commodities
delivered to the public or any portion thereof. Private energy production,
transmission relay, repeater, translator, radio and television towers
and equipment, and cable television facilities are also considered
public utilities. "Public utility" does not include airports or television,
radio or community television antenna system administration offices,
or other types of administrative offices or maintenance yards.
WAREHOUSING AND DISTRIBUTION
A structure or structures or business operation in which
materials, goods, or equipment are stored and/or held and transported
for distribution, including mini-storage and self-storage facilities,
excluding retail sales.
YARD
An open space on the same lot with a building or structure.
YARD, FRONT
An open space on the same lot with a main building, extending
the full width of the lot between the street line and the building
line.
YARD, LAKESIDE
An open space on the same lot with a main building, extending
the full width of the lot between the shoreline and the rear line
of the building.
YARD, REAR
An open space on the same lot with a main building, extending
the full width of the lot between the rear lot line and the rear line
of the building.
YARD, SIDE
An open space on the same lot with the building, situated
between the building and the side line of the lot and extending from
the front yard to the rear yard.
ZONING PERMIT
A permit issued by the Zoning Enforcement Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the zone in which it is located or is to be located.