As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
AREA, BUILDING
The total of areas taken on a horizontal plane at the mean
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
AUTOMOTIVE SERVICE STATION
A building or other structure or a tract of land used for
the storage and sale of gasoline or other motor fuels and for any
uses accessory thereto.
BASEMENT
A story partly or wholly below the top elevation of the curb
or finished grade level.
BASE OF ROOFLINE
The lowest point of a roof or roof projection.
[Added 11-22-1983 by L.L. No. 1-1983]
BED-AND-BREAKFAST ACCOMMODATIONS
A facility for the overnight accommodation of transient guests
as defined in the New York State Uniform Fire Prevention and Building
Code, as amended.
[Added 12-10-2002 by L.L. No. 4-2002]
BEDROOM
A room in a multiple-family dwelling other than a kitchen,
dining room, living room, bathroom or closet, and including extra
kitchens, extra dining rooms, extra living rooms, and all dens, game
rooms, sun-rooms or similar extra rooms.
BOARDINGHOUSE
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire, with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING, ACCESSORY
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
BUILDING, FRONT LINE OF
The line of that part of the building nearest the front line
of the lot. This part includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
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 roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
CAR WASH
A building or premises used for the washing or waxing of
automobiles or trucks, including self-service, coin-operated, manual
or automatic facilities.
CHURCH
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
no vending stands, merchandising or commercial activities.
COMMUNITY RESIDENCE
A facility for the supervised care of persons as defined
in the New York Mental Hygiene Law § 1.03(28), as amended.
[Added 12-10-2002 by L.L. No. 4-2002]
CONVERSION
The changing of use or occupancy of a dwelling by alteration
or by other reorganization so as to increase the number of families
or dwelling units in a structure.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
COURT, PRIVATE
A court designed for use in conjunction with one dwelling
unit.
CURB ELEVATION
The officially established grade of the curb in front of
the midpoint of the lot.
DAY-CARE CENTER
A facility for the day care of persons as defined in the
New York Social Services Law § 390, as amended.
[Added 12-10-2002 by L.L. No. 4-2002]
DENSITY
The number of dwelling units per acre of land.
DRIVE-THROUGH USE
A 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.
[Added 1-13-1998 by L.L. No. 3-1998]
DWELLING
A building designed or used exclusively as the living quarters
for one or more families.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats and group
houses.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively as a residence
by two families, living separately in units attached side by side
or with one unit above the other, or a combination of the two.
DWELLING UNIT
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
FAMILY
One or more person living, sleeping, cooking and eating on
the same premises as a single housekeeping unit, provided that, unless
all members are related by blood, marriage or adoption, no single
housekeeping unit shall contain more than five members.
FLOOR AREA
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not open to the public, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
GARAGE, COMMERCIAL
A building or premises used for the storage, repair, rental
or servicing of motor vehicles.
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.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
HOME OCCUPATION
An occupation or a profession which:
A.
Is customarily carried on in a dwelling unit;
B.
Is carried on by a member of the family residing
in the dwelling unit;
C.
Is incidental and secondary to the use of the
dwelling unit for residential purposes; and
D.
Conforms to the following additional conditions:
(1)
The occupation or profession shall be carried
on wholly within the principal building.
(2)
Not more than one person outside the family
shall be employed in the home occupation.
(3)
There shall be no exterior display, no exterior
sign except a nonilluminated nameplate or professional sign not more
than two square feet in area, no exterior storage of materials and
no other exterior indication of the home occupation or variation from
the residential character of the dwelling.
(4)
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
HOTEL
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 the
accessory building.
HOUSING FOR THE WELL AGED
Multiple dwelling units for aged people who require no in-residence
diagnosis, treatment or medical care. Such units are to be purely
residential in character and employ no nursing or medical staff.
ILLUMINATED SIGN
A sign illuminated by artificial light, or which is composed
of luminous tubing, or other artificial lighting devices.
[Amended 11-22-1983 by L.L. No. 1-1983]
INDIRECT LIGHT
A light source which is not directly visible which is used
to illuminate a sign.
[Added 11-22-1983 by L.L. No. 1-1983]
JUNKYARD
A lot, land or structure, or part thereof, used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material,
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition or for the sale of parts therefrom,
LIVING AREA
That area within a dwelling that is roofed, enclosed, designed
and used for year-round habitation, exclusive of garage and basement.
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 AREA
The total area within the property lines, excluding any part
thereof lying within the boundaries of a public street or proposed
public street.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
That percentage of the plot or lot area covered by the buildings
and/or structures.
LOT, DEPTH OF
The horizontal 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. For an odd-shaped lot, perpendicular distance is
determined from the lot front to the opposite side of a rectangular
lot of equivalent area erected along the front lot line.
LOT LINES
Any line dividing one lot from another.
NONCONFORMING USE
A building, structure or use of land lawfully existing at
the time of enactment of this chapter which does not conform to the
regulations of the district or districts in which it is located.
NURSERY SCHOOL
A place for the care of two or more children away from their
homes, designed to provide daytime care, instruction or recreation
and operated on a regular basis.
NURSING HOME
A building, other than a hospital, where persons, except
insane, drug or liquor patients, are lodged and furnished with meals
and nursing care for hire.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto and having direct access to a street or alley; provided, however,
that in no event shall such parking space be laid out with dimensions
less than 10 feet wide by 20 feet long.
[Amended 6-27-1989 by L.L. No. 3-1989]
PRIMARY SIGN
The principal attached sign of a business that displays only
the name of the business. Primary signs must be located above the
primary entrance, next to the primary entrance or on an awning face.
[Added 9-14-1999 by L.L. No. 2-1999]
RECREATIONAL AREA
That portion of the usable site space developed and maintained
for recreational activities, including but not limited to swimming,
tennis courts and playground equipment. Open land areas designed for
passive recreation are not includable in the "recreational area,"
although they may otherwise qualify as part of the usable site space.
SECONDARY SIGN
An attached sign that gives details about a business such
as the hours of operation, or the listing of two or more business
occupants located on upper floor(s) and sharing a common entrance.
[Added 9-14-1999 by L.L. No. 2-1999]
SETBACK
The horizontal distance of a building or a story thereof
from a street right-of-way or lot line.
SHOPPING CENTER
A group of commercial establishments that possess an integrated
architectural design, extensive off-street parking and loading space
and common or centrally supplied services.
SIGN
Any structure, or part thereof, or any device, including
frames, which shall display or include any letter, word, symbol, light,
model, banner, flag, pennant, insignia, device or representation used
as, or which is in the nature of, an announcement, direction or advertisement
designed to attract the attention of the public which shall be located
out of doors, or on any building or structure, including window signs
visible from the exterior, illuminated signs, billboards, signboards,
painted wall signs, projecting signs, freestanding signs, signs painted
or affixed on awnings, or any announcement, display, illustration
or insignia used to advertise or promote the interests of any person
or business. A "sign" does not include the flag, pennant or insignia
of any nation or group of nations, or of any state, city or other
political unit. The painting and arrangement of architectural elements
on a building, including a lighting display, serving a similar function
as signage, will be considered a sign.
[Amended 8-24-1982 by L.L. No. 4-1982; 11-22-1983 by L.L. No.
1-1983; 1-13-1998 by L.L. No. 3-1998]
SIGN AREA
The sum of the areas of the graphics, measured as the sum
of the areas of the smallest rectangles circumscribing each group
of words and each device or other representation, except that any
graphics surrounded by a border, frame or a panel which differentiates
such graphics from a background shall be measured as the area of the
smallest rectangle circumscribing the border, frame or panel.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, ATTACHED
Any sign which shall be attached and parallel to the exterior
face of any building or structure or part thereof and project no more
than 12 inches from such face.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, AWNING
Any lettering or graphic display located on the front or
side of any awning or canopy projecting from the face of a building
or structure or part thereof.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, FREESTANDING
Any sign which shall not be attached to any building or structure
and which is self-supported by one or more members in contact with
the ground.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, PERMANENT WINDOW
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
the premises within three feet of the window, but not including graphics
in connection with customary window display of products or services
rendered on the premises.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, PROJECTING
Any sign which shall project more than 12 inches from the
face of any building or structure or part thereof.
[Added 11-22-1983 by L.L. No. 1-1983]
SIGN, TEMPORARY WINDOW
A sign of a temporary nature visible from a sidewalk, street
or other public place, which is lettered, drawn, printed or affixed
on paper or other material and which is placed on a window or located
inside the premises within three feet of a window; such sign is intended
to be removed after such period of time as set forth in this chapter.
[Added 11-22-1983 by L.L. No. 1-1983]
STORAGE, ENCLOSED
Enclosed buildings used for the keeping of goods, wares,
supplies or equipment.
STORAGE, OPEN
Land used for the keeping of goods, wares, supplies or equipment.
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
is no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A public or private way which affords the principal means
of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
STREET LOT LINE
The property line adjacent to a street as shown on the Official
Village Zoning Map.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on the ground.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing. A "swimming pool" shall be deemed a structure
for all purposes under the provisions of the chapter.
THEATER, INDOOR
A building or part of a building devoted to showing moving
pictures or stage productions.
TOURIST HOME
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
UNUSABLE SITE SPACE
Any part of the site area which has a slope of more than
25% or is in the floodplain or flood-prone area or is subject to periodic
flooding due to subsoil conditions. Also, land area which has a high
length-to-width ratio as compared to the main site, natural discontinuities
in grade or heavily wooded slopes in excess of 15% or is otherwise
unsuitable for development.
USABLE SITE SPACE
That part of the lot area not classified as unusable site
space which is used for dwelling structures, accessory uses and structures,
streets, sidewalks, parking, active and passive recreation and is
an integral part of the overall development plan.
USE
The purpose for which a building, structure or premises,
or any part thereof, is or are occupied, or, if unoccupied, the purpose
for which they may be occupied.
UTILITY SUBSTATION
An unmanned building or area regularly supplying the public
with any of the following: gas, electricity, water, telephone or telegraphic
service.
WINDOW AREA
The entire glazed area of a window, including the window
frame.
[Added 11-22-1983 by L.L. No. 1-1983]
YARD, FRONT
An open unoccupied space on the same lot with a main building
extending the full width of the lot and situated between the street
lot line and the front line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured between
the front line of the building and the street lot line.
YARD, REAR
An open unoccupied space on the same lot with a main building
between the rear line of the building and the rear line of the lot
extending the full width of the lot.
YARD, SIDE
An open unoccupied 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. Any lot line not a rear line
or a front line shall be deemed a "side line."