[Amended 5-20-1986 by L.L. No. 1-1986; 4-26-1988 by L.L. No. 2-1988; 4-10-1989 by L.L. No. 4-1989; 8-2-1994 by L.L. No. 3-1994; 8-18-1998 by L.L. No. 9-1998; 6-1-1999 by L.L. No. 6-1999; 5-1-2001 by L.L. No. 1-2001; 8-6-2002 by L.L. No. 2-2002; 10-21-2003 by L.L. No. 7-2003; 6-7-2005 by L.L. No. 1-2005]
A.
Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" indicates the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
B. ACCESSORY ADULT BOOKSTORE ADULT EATING OR DRINKING ESTABLISHMENT ADULT ESTABLISHMENT ADULT THEATER ADULT USE AGRICULTURAL OPERATION AIRPORT or HELIPORT ALTERATION ANIMAL HOSPITAL or VETERINARY CLINIC ANIMAL KENNEL APARTMENT HOUSE ASSISTED LIVING AUTOMOBILE AUTOMOBILE JUNKYARD BANNER BASEMENT BED-AND-BREAKFAST BILLBOARD BOARDER BOARDING OR TOURIST HOME BUFFER AREA BUILDING BUILDING AREA BUILDING, PRINCIPAL BULK BULLETIN BOARD BUNGALOW BUNGALOW COLONY BUSINESS BUS STATION CABIN/ BUNKHOUSE SUMMER CAMP (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (2) CABIN, HUNTING OR FISHING CAGE-TYPE POULTRY HOUSE CAMP, DAY CAMPER or TRAILER CAMPGROUND CAMP, SLEEP-AWAY CAR WASH CELLAR CERTIFICATE OF OCCUPANCY CHANGEABLE-COPY SIGN CHURCH CLUB CLUBHOUSE or LODGE CLUSTER DEVELOPMENT COLLEGE COMMON OPEN SPACE AREA CONDOMINIUM COURT COURT, INNER COURT, OUTER DAY-CARE CENTER DENSITY DIRECTLY ILLUMINATED SIGN DIRECTORY SIGN DISSEMINATION DISTRIBUTION CENTER DOMESTIC ANIMALS DORMITORY DUMP DUPLEX DWELLING DWELLING, ATTACHED DWELLING, MULTIPLE DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT EATING AND DRINKING ESTABLISHMENT ENGINEER FAMILY(1) (2) (3) (4) (5) (6) FARM ANIMAL FLASHING SIGN FLEX SPACE FLOOD or FLOODING FLOODPLAIN, 100-YEAR FLOODPROOFING FLOODWAY FLOOR AREA FLOOR AREA, LIVABLE FLOOR AREA RATIO FORESTRY FOWL FUNERAL HOME GARAGE, PARKING GARAGE, PRIVATE GARAGE, PUBLIC GARDEN HOUSE GASOLINE FILLING STATION GASOLINE SERVICE STATION GREENHOUSE GROSS LIVABLE AREA (GLA)(1) (2) GROUP HOUSING HABITABLE LOOP AREA HEIGHT HOME OCCUPATION HOSPITAL HOTEL ILLUMINATED SIGN INCOME INDIRECTLY ILLUMINATED SIGN INDUSTRIAL ESTABLISHMENT INSTITUTION JUNKYARD KENNEL LABORATORY LIBRARY LIGHT MANUFACTURING LIVESTOCK LOADING SPACE LOCAL LAW LODGING HOUSE LOT LOT AREA LOT, CORNER LOT COVERAGE LOT DEPTH LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT WIDTH MANUFACTURING MANUFACTURING ESTABLISHMENT MINI-WAREHOUSE MIXED-USE DEVELOPMENT MOBILE HOME MOBILE HOME COURT MOBILE HOME, DOUBLE-WIDE MOBILE HOME SALES LOT MODERATE-INCOME FAMILY MODULAR HOME MOTEL MOTOR VEHICLE, JUNKED MOTOR VEHICLE JUNKYARD MOTOR VEHICLE RENTAL/LEASING ESTABLISHMENT MOTOR VEHICLE REPAIR GARAGE MOTOR VEHICLE SALES ESTABLISHMENT MOTOR VEHICLE SERVICE STATION MULTIPLE TENANT OCCUPANCIES MUSEUM NET FLOOR AREA NONCONFORMING BUILDING OR USE NONCONFORMING BULK NURSERY NURSERY SCHOOL NURSING HOME OFFICE, BUSINESS OFF-SITE SIGN OFF-STREET PARKING AREA OR SPACE ON-SITE SIGN OUTDOOR SALES PAINTED WALL DECORATIONS PAINTED WALL HIGHLIGHTS PARKING SPACE PERSON PERSONAL SERVICE SHOP PET PHILANTHROPIC INSTITUTION PLANNED BUSINESS PARK PLANNED UNIT DEVELOPMENT PLANNING BOARD PORTABLE SIGN POULTRY PUBLIC RECREATIONAL FACILITY PUBLIC SEWER PUBLIC UTILITY PUBLIC WATER QUARRY or QUARRYING OPERATIONS REAL ESTATE SIGN RECREATION, COMMERCIAL RECREATIONAL VEHICLE RELIGIOUS INSTITUTION RESEARCH FACILITY RESIDENCE RETAIL STORE ROOM, HABITABLE(1) (2) SALVAGE YARD SANITARIUM SCHOOL SCREENING SERVICE SHOP SEXUAL ACTIVITIES SEXUAL ANATOMICAL AREAS SHOPPING CENTER SIGN SIGN AREA(1) (2) SIGN COVERAGE RATIO SIGN, DIRECTIONAL SIGN STRUCTURE SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STORAGE STORY STREET STREET LINE STRIPPING OF LAND STRUCTURE SUBSTANTIAL CONNECTION(1) (2) (3) (4) SUBSTANTIAL OR SIGNIFICANT PORTION SURVEYOR SWIMMING POOL TOWNHOUSE TRAILER TRAILER, CONSTRUCTION TRAILER, TRUCK TRUCKING TERMINAL TURBIDITY UNDER CANOPY USE USE, ACCESSORY USED AUTOMOBILE LOT USE, NONCONFORMING USE, PERMITTED USE, PRINCIPAL USE, SPECIAL VETERINARY HOSPITAL WADING POOL WAREHOUSE WETLAND, PROTECTED WHOLESALE ESTABLISHMENT YARD, FRONT YARD, REAR YARD, REQUIRED YARD, REQUIRED FRONT YARD, SIDE
Unless otherwise expressly stated, the following terms shall, for the purpose of this Part 1, have the meanings herein indicated:
A term applied to a building or use clearly incidental or subordinate to and customarily in connection with the principal building or use on the same lot.
Has as a substantial portion of its stock-in-trade any one or more of the following, to wit, books, magazines, periodicals or other printed matter which are characterized by an emphasis upon the depiction or description of sexual activities or sexual anatomical areas or photographs, films, motion pictures, videocassettes, slides or visual representations which are characterized by an emphasis upon the depiction or description of sexual activities or sexual anatomical areas. Such establishment is customarily not open to the public because it excludes minors by reason of age.
Regularly features any one or more of the following, to wit, live performances which are characterized by an emphasis on sexual anatomical areas or sexual activities or films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of sexual activities or sexual anatomical areas or employees who, as part of their employment, regularly expose to patrons sexual anatomical areas, and which establishments are customarily not open to the public because they exclude minors by reason of age.
A commercial establishment where a substantial portion of the establishment includes an adult bookstore, adult eating or drinking establishment, adult theater or other adult commercial establishment, or any combination thereof, as defined herein.
An establishment which regularly features one or more of the following, to wit, films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of sexual activities or sexual anatomical areas or live performances characterized by an emphasis on sexual activities or sexual anatomical areas, which shall include commercial establishments where such materials or performances are viewed from individual enclosures. Adult theater establishments are customarily not open to the public because they exclude minors by reason of age.
Any person involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult theaters and adult entertainment cabarets.
The production, storage, keeping, harvesting, grading, packaging processing for sale or lease, of plants and animals useful to humans, 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 such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; land devoted to a soil conservation program. See "greenhouse," "nursery," "forestry," and "animal kennel."
[Added 1-21-2020 by L.L. No. 2-2020]
Any area of land which is used or intended for use for the landing and taking off of aircraft; also any appurtenant areas which are used or intended for this use or other airport buildings and facilities.
A change or rearrangement in the structural parts of a building or an enlargement, whether by extending to a side or by increasing the height.
Any building used or portion thereof designed or used for the medical or surgical care, observation or treatment of animals, including indoor boarding of such animals in the connection with and accessory to the primary medical or surgical care.
[Added 9-6-2016 by L.L. No. 4-2016]
Any place where more than five animals, over six months old, are harbored, boarded, bred and/or offered for sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A building arranged, intended or designed to be occupied by three or more families living independently of each other in rental units.
A residential facility of three or more dwelling units providing living quarters restricted to individuals who require access to services but not daily nursing or medical intervention. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, assistance with medical requirements, laundry and transportation service, private or common kitchens/dining facilities, as long as such services are provided to residents only.
[Added 5-15-2012 by L.L. No. 8-2012]
Any car or truck.
See "motor vehicle junkyard."
A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind, excluding flags and insignia of any government entity.
The portion of a building that is partially underground which has more than 1/2 of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement shall be considered in determining the permissible number of stories in a building.
A home occupation involving the rental of no more than six bedrooms as transient accommodations with no full service restaurant facilities and with no more than one nonresident employee.
A sign advertising products or uses not made, sold, used or served on the premises displaying such sign.
Any person who rents a room within a dwelling.
A building containing a single dwelling unit and accommodating for compensation persons who are not the keeper's family.
The ground area of a lot, which shall be left in its natural state or planted, as may be required by the Planning Board. Parking, loading and storage is not allowed in a buffer area.
A structure wholly or partially enclosed within exterior walls and a roof, affording shelter to persons, animals or property.
The total area of a lot covered by all buildings except for patios and similar appurtenances.
A building in which is conducted the main or principal use of the lot on which said building is situated.
The size and shape of buildings, structures and nonbuilding uses; and the physical relationship of the exterior walls or construction or their location to plot lines and other buildings or structures or other walls or construction of the same building or structure; and all open spaces required in connection with a building or structure. Bulk regulations include, but are not limited to, regulations dealing with lot area, lot area per dwelling unit, frontage, width, height, depth, required yards, courts, usable open space and the length of buildings in a row.
Any sign erected by a charitable, educational or religious institution or quasi-public or public body, which is erected upon the same property as said institution for purposes of announcing events which are held on the premises.
A type of seasonal resort complex consisting of a group of one or two units, predominantly one-story structures where indoor plumbing and kitchen facilities may be provided in each unit. Said complex may also have communal dining and recreational facilities.
[Amended 1-21-2020 by L.L. No. 3-2020]
A group of seasonal dwellings, excluding mobile homes as defined in this Part 1, including rental office and recreational facilities serving the residents of such dwellings.
Any commercial enterprise, association or arrangement for profit.
A designated place or location a bus or coach starts or ends its scheduled route. It shall contain appropriate parking for passengers and may contain a building or structure as an office and/or waiting area for passengers.
[Added 4-6-2010 by L.L. No. 3-2010]
[Added 1-21-2020 by L.L. No. 3-2020]
A sleeping quarter which:
Has a sleeping capacity of fewer than 25 occupants per room, with a total combined sleeping room floor area of 1,200 square feet or less for each sleeping room;
Is one story;
Is used and occupied only between May 1 and October 31;
Has no cooking facilities, no heating systems, and no solid fuel heating or burning systems;
Has only sleeping rooms (including the necessary area for storing occupant belongings) and bathrooms;
Has no interior corridors or separate common area rooms;
Has at least two exits per sleeping room which are remote from each other and which discharge directly to the building's exterior;
Has exit doors that open in the direction of, and are nonlocking against, egress; and
Has smoke alarms in each sleeping room that are interconnected such that the activation of one alarm will activate all of the alarms in the cabin.
In sleeping quarters housing more than four persons, 40 square feet of floor area per occupant shall be provided, when single beds are provided. When double-deck bunk beds are provided, 30 square feet of floor area shall be provided for each occupant. Floor area includes space within the occupied structure to accommodate: the bed, storage for personal belongings, aisles and exit ways, and associated assembly space. Space for toilets, lavatories and showers shall not be used to calculate a sleeping quarter's floor space.
A structure designed for seasonal occupancy.
A structure for the housing of poultry in elevated meshwork pens in which all the processes related to the raising of poultry are accomplished without the removal of the birds from such enclosures.
One or more buildings and structures that may include a cafeteria and recreational facilities together with the lot or tract of land appertaining thereto, established or maintained for temporary, summer seasonal occupancy during the period or part of the period from May 1 to October 31 in any year for the daytime supervision of children. The principal use shall be for the daily occupancy of children between the ages of four and 18. Day camps do not provide overnight accommodations. A day camp shall not include temporary or permanent shelters, buildings, or structures designed for use or occupancy by family members of the children who are attending the summer camp, or employees who work there. No building or structure within the day camp shall have a kitchen facility, with the exception of the communal kitchen/dining room, the owner's dwelling, and the caretaker's dwelling.
[Amended 1-21-2020 by L.L. No. 3-2020]
A vehicle designed for temporary living purposes which does not exceed 32 feet in length and is not provided with water and sewer connection suitable for year-round use.
An area of land prepared to be used for two or more temporary residences, including motor vehicles, trailers, tents, boats or sleeping bags.
A site for recreation or instruction on a seasonal basis within the approximate time period of May 1 to October 31 offering access to recreational or educational facilities, which includes any or all of the following features: buildings or structures that are designed for warm weather, seasonal use, including cabins, bunkhouses, cafeterias, gymnasiums, community centers, administration buildings, and similar structures designed for use by camp attendees; ballfields, basketball courts, tennis courts, running tracks, swimming pools, horseback riding facilities, hiking or riding trails and similar recreational and/or educational facilities. The occupants of a summer camp shall be limited to the owner and his/her immediate family, the caretaker and his/her immediate family, and staff. A slee -away camp shall not include temporary or permanent shelters, buildings, or structures designed for use or occupancy by family members of the children who are attending the summer camp, or families of staff who work there except for the up to five maximum dwellings allowed for essential staff. No building or structure within the sleep-away camp shall have a kitchen facility, with the exception of the communal kitchen/dining room, the owner's dwelling, the caretaker's dwelling, and up to a maximum of five additional essential staff dwellings.
[Added 1-21-2020 by L.L. No. 3-2020]
An establishment for the washing and detailing of motor vehicles as a principal use.
[Added 1-21-2020 by L.L. No. 2-2020]
A story partially underground and having 1/2 or more of its clear height below the finished grade. A cellar shall not be considered in determining the permissible number of stories in a building.
An official document issued by the officers and employees of the Building Department of the Town which reflects that the premises therein named and identified complied, to the best of the officer's or employee's knowledge, to the provisions of the Town's Zoning Law and Building Code, and such certificate of occupancy shall list thereon the use of the premises for which said certificate is issued. Any further modifications, be they structural or use, after the issuance of the initial certificate of occupancy, shall require, subject to the provisions of this Part 1, a further certificate of occupancy.
A sign on which the message copy can be changed through use of attachable letters and numerals or by electronic switching of lamps or illuminated tubes.
Any structure used for worship, including administrative rooms accessory thereto.
An organization catering exclusively to members and their guests, including premises and buildings for social, recreational, service or athletic purposes which are not conducted primarily for gain, provided that there are no vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club.
A building or land area used by a membership organization for social or recreational purposes.
A tract of land designed for a single type of residential use and providing common space from lands gained by reducing lot sizes below the minimum provided by this Part 1. Said open space shall be integrated throughout the development and made available for the use of the residents thereon.
An educational institution authorized by the state to award associate, baccalaureate, or higher degrees. See "school."
[Added 1-21-2020 by L.L. No. 2-2020]
One or more areas of land or water within a cluster development or planned unit development designed or intended for the use and enjoyment of the residents therein. Such areas may contain complementary structures and improvements for active or passive recreational pursuits as are necessary and appropriate for the benefit and enjoyment of the residents of the development.
The individual ownership in fee simple of a dwelling unit in a group of residential structures coupled with ownership if an undivided interest in the land and all other parts of the structure held in common with all other owners of such dwellings.
An unobstructed open area bounded on three or more sides by the walls of a building or buildings.
A court which is closed on all four sides, thereby not extending to a street, driveway, parking lot or required yard.
A court which is open on one side, thereby extending to a street, driveway, parking lot or required yard.[1]
A facility licensed by the New York State Department of Social Services pursuant to § 390 of the Social Services Law. A day-care center program provides for more than three hours and less than 24 hours per day of care away from the child's home by an individual, association, corporation, institution or agency for seven or more children. A day-care center shall not include any of the following: a day-camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district.
The number of dwelling units per acre of the site, exclusive of underwater lands, wetlands, rights-of-way or easements.
Any sign constructed to provide light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
A sign that lists the names of two or more establishments, persons or agencies which exist on a premises and is located in a place or location common to all; it may consist of several components.
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
An area and building where trucks load and unload cargo and freight, and where the cargo and freight may be transferred to other vehicles or modes of transportation. Storage facilities such as warehouses, incidental to the principal use, may also be part of a distribution center.
[Added 1-21-2020 by L.L. No. 2-2020]
As herein defined shall be limited to dogs, cats and rabbits.
An accessory building, or part of a building to a school, containing private or semi-private units which open to a common hallway, which units are sleeping quarters for administrative staff, faculty, or students, along with bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory units shall not contain separate cooking, dining or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory units, or major part thereof. Single-family, two-family and/or other multiple residential facilities, other than that described above, are not to be considered as dormitories. Private units may be occupied by no more than one person and semiprivate units by no more than four persons. A dormitory unit shall provide a minimum of 50 square feet per occupant.
[Added 1-21-2020 by L.L. No. 3-2020]
A parcel of land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A building designed for or occupied exclusively by two families living independently from each other.
A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes, provided that they meet all of the requirements of this Part 1, the New York State Building Code and all other regulations, ordinances or local laws applicable to dwellings.
A series of attached one-family dwelling units, each unit located on its own individual lot.
A building or portion thereof containing more than two dwelling units, either attached homes or apartments.
A detached building containing one unit only.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, dormitory, hotel, inn, nursing or other similar structure shall not be deemed to constitute a dwelling unit.
Any establishment whose principal business is the sale of foods and/or beverages to the customer in a ready-to-consume state.
A professional engineer licensed to practice in the State of New York.
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that five or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping unit.
The group shares expenses for food, rent, utilities or other household expenses.
The group is permanent and stable, and not transient or temporary in nature.
Any other factor reasonably related to whether the group is the functional equivalent of a family.
A roomer, boarder or lodger shall not be considered a member of the family.
Any creature kept for the production of feed, wool, skins, or fur or for the purpose of its use in the farming of land or the carrying on of any agricultural activity.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
A building providing its occupants the flexibility of utilizing the space, such as a configuration allowing a changeable amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc.
[Added 6-2-2015 by L.L. No. 2-2015]
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water, or abnormally high-rising lake waters resulting from severe storms or hurricanes.
A riverine or lacustrine fringe area subject to flooding with a frequency of up to one occurrence in 100 years, as defined on a map prepared by the Federal Emergency Management Agency on February 18, 2011.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any combination of structural and nonstructural additions, changes or adjustments to properties and structures, which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of any given magnitude.
See "floor area."
The quotient of the total floor area of a building divided by its lot area.
The operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or the performing of forest services.
[Added 1-21-2020 by L.L. No. 2-2020]
Includes, but is not limited to, domesticated birds, such as chickens, ducks, geese, turkeys and pheasants.
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Funeral homes do not include crematories.
[Added 1-21-2020 by L.L. No. 2-2020]
A building or structure where people can leave their motor vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
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.
A greenhouse.
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil and other fuel for the propulsion or motor vehicles. A gasoline filling station may contain a convenience retail store as an accessory use.
[Amended 1-21-2020 by L.L. No. 2-2020]
Any use of land, including any building or structure thereon, that is used for the supply of gasoline, oil and other fuel for propulsion of motor vehicles, including polishing, greasing, washing, servicing or repairing of motor vehicles, but excluding bodywork or painting.
A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale or for personal enjoyment.
[Added 1-21-2020 by L.L. No. 2-2020]
The sum of the horizontal area of every floor of a building designed for tenant occupancy and exclusive use, measured from the exterior faces of the exterior walls and from the center line of party walls separating the two units, including:
However, gross leasable area does not include public or common areas, such as public toilets, corridors, stairwells, elevators, machine and equipment rooms, lobbies or mall areas, whether open or closed.
Housing designed for occupancy by groups of unrelated persons, such as rooming houses, boardinghouses, dormitories, fraternity houses, sorority houses, migrant labor houses, convents and monasteries.
The sum of the cross horizontal area of the floor or floors of a dwelling unit as measured from the interior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation or maintenance of the building shall not be included in computing floor area.
The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
Any gainful occupation conducted within a dwelling exclusively by the residents thereof, clearly secondary to the use of the dwelling for living purposes and that does not change the character of the structure as a residence or the surrounding neighborhood. Said activity shall not occupy more than 40% of the ground floor area of the dwelling, if so used, and shall not involve more than two nonresidential employees. Permissible home occupations include, but are not limited to, the following: art studio, dressmaking, office of a clergyman, lawyer, architect, engineer, chiropractor or accountant, with usage limited to two clients at any time; teaching, with musical, dancing or other instruction limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: clinic or hospital, offices of a medical doctor or dentist (with the exception of a chiropractor), barbershop or beauty parlor, real estate office, restaurant, animal hospital or animal kennel.
[Amended 4-17-2012 by L.L. No. 4-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities and staff offices.
One or more buildings containing rooms intended to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or an accessory building.
A sign lighted by electricity, gas or other artificial light, either from the interior or exterior of the sign.
A family's total gross income from all sources, plus 10% of all assets, excluding personal property.
Any sign which is lighted from a light source that is separate from the sign face or cabinet and is directed so as to shine on the sign.
See "manufacturing establishment."
A nonprofit corporation, or nonprofit establishment for public use.
An area of land, including buildings thereon, which is primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts there. Two or more motor vehicles stored outside without current, valid registration for a period of 60 days shall constitute a junkyard, except a licensed motor vehicle dealer may have more than two vehicles so long as not more than two of such vehicles are inoperable.
See "animal kennel."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A building or part of a building devoted to the testing and analysis of any products or biological samples. No manufacturing is conducted on the premises, except for experimental or testing purposes.
[Amended 1-21-2020 by L.L. No. 2-2020]
A place containing books, newspapers, periodicals, and/or audio-visual materials for reading, viewing, study, and research.
[Added 1-21-2020 by L.L. No. 2-2020]
Manufacturing activity where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building, utilizing materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting to a degree that is offensive when measured at the property line of subject property. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, fashion accessories and jewelry, household items and decor, instruments, consumer electronics, medical equipment, and pharmaceutical and cosmetic products.
[Added 6-2-2015 by L.L. No. 2-2015]
Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.
An exterior off-street space available for the loading or unloading of goods and having direct usable access to a street.
The Zoning Local Law of the Town of Thompson, New York, including all amendments to said Zoning Local law and all local laws amending said Zoning Local Law.
A building, other than a hotel or motel, where lodging is provided, without meals, for compensation.
A portion or parcel of land considered as a unit, devoted to a certain use or uses or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same.
The total area of a lot as computed from a survey by a licensed surveyor or as calculated by multiplying the average distance between side lot lines measured along the street line and the rear lot line, by the average distance between the street line and the rear lot line measured along the side lot lines.
A lot at the junction of and fronting on two or more intersecting streets.
The percentage of the area of the lot covered by a building or buildings.
The minimum distance from the street line of a lot to the rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line coinciding with the right-of-way or street line of a public or private road providing access to the lot.
The lot line generally opposite the street line.
Any lot line that is not a front lot line or a rear lot line.
The distance between side lot lines measured at the required minimum yard depth or at a point of the principal structure closest to the front lot line measured along a line parallel to a line connecting the end points of the front lot line.
Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
Any establishment which utilizes a process whereby the nature, size or shape of articles or raw materials is changed, or where articles or raw materials are assembled or packaged in quantity.
A public facility for the storage of household and business belongings in separate, individual, secure compartments or rooms.
A mixed-use development (MUD) is a unified project, with a minimum gross lot area of 10 acres, and is permitted as a special use in the East Broadway Gateway District (EBG), and is designed in accordance with the special permit design standards of § 250-60G and the subdivision standards of Chapter 255. The developed portion of a MUD consists of a mix of residential uses including one-family and two-family dwellings and compatible commercial, office and service uses. Any nonresidential use permitted in the EBV and EBG Districts, which is scaled to serve the day-to-day needs of the MUD residents as well as the larger community, may be included in a MUD. It is designed to encourage walking, reduce automobile trips, and prevent commercial strip development. A MUD permits flexibility of design and layout to protect environmental resources and create attractive places for people to work, live, and congregate. A minimum of 30% and a maximum of 45% of the total floor area of all buildings in any MUD shall be devoted to nonresidential uses.
[Added 1-21-2020 by L.L. No. 2-2020]
Manufactured homes built prior to June 15, 1976.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient dwelling purposes.
A factory-built one-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be at least 20 feet wide and 50 feet long, shall have roofs of asphalt composition with a minimum pitch three vertical to 12 horizontal and shall meet the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and applicable standards of the New York State Uniform Fire Prevention and Building Code. A double-wide mobile home shall not be construed to be a modular home, a travel trailer or a recreational vehicle.
Any area of land upon which mobile homes are placed for purposes of sale or display.
A family whose aggregate gross income from all sources, including income of all family members at the time of application, but excluding the earnings of working minors (under 21 years of age) who attend school full time, does not exceed the currently applicable maximum income for the family size.
A factory-built dwelling without a chassis or running gear constructed and installed in accordance with the regulations of the New York State Building Code.
Any establishment consisting of a building or group of buildings providing living or sleeping accommodations with individual bathrooms, and designed for use by transient automobile travelers.
Any motor vehicle no longer in condition for legal use on the public highways.
An area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles, or parts thereof; with or without the dismantling, wrecking, salvage, sale or other use or the disposition of the same. A deposit or storage on a lot, vacant or improved, of more than one motor vehicle, which is unlicensed and not in condition for legal use on public highways, for a period of more than two weeks in any district shall constitute a motor vehicle junkyard.
An establishment engaged in the short-term rental or long-term leasing of passenger cars, vans or trucks without drivers.
A building used for the servicing and repair of motor vehicles, including bodywork; such repair work shall be wholly within a completely enclosed building.
A premises, including open area and showrooms enclosed within a building used for the display or sale of new or used motor vehicles, provided that such establishment is a franchised dealer or a factory-owned dealership.
A building or lot or part thereof where refueling and related services, including washing or motor vehicles, are offered for gain, but not including the storing, holding or display of the same for sale, resale, lease or retail except as to the holding of a vehicle for not more than 60 days for insurance appraisal purposes covering property damage claims, and except as to the holding of a vehicle for the required period to perfect or protect a garageman's lien pursuant to statute.
A building or structure in which separate, independently owned or rented and operated occupancies are contained.
A building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.
[Added 1-21-2020 by L.L. No. 2-2020]
All occupiable area within the perimeter walls of each space, excluding common area, floor openings, stairs, elevator shafts, flues, pipe shafts, vertical ducts, columns, balconies, mechanical spaces, outdoor sales areas, cooking spaces, incinerating area, janitorial closets, electrical closets, washrooms, exiting and service corridors, storage, offices and such areas not available for the sale of merchandise or service. "Net floor area" shall include outdoor sales and permanent kiosk areas.
A building or use that does not conform to the regulations prescribed for the district in which it is situated.
The part of the building, structure or nonbuilding use which does not conform to one or more of the applicable bulk regulations of this chapter.
The growing, cultivation, storage and sale of garden plants, flowers, trees, shrubs and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
[Added 1-21-2020 by L.L. No. 2-2020]
An instructional facility for preschool children, usually between ages three and five, providing care for less than three hours a day. Schools may hold two sessions daily.
A home for the aged, where chronically ill or incurable persons are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
A building wherein business sales, service and professional activities are conducted, which activities may include but are not limited to administrative and executive functions, but shall exclude any retail stores, manufacturing and processing. Offices for medical and dental clinics are permitted subject to adherence to the minimum provisions applicable to said use as provided by this chapter.
A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, provided that an off-site sign may also display a noncommercial message.
An area of a lot separated from a street and available for the parking of one or more motor vehicles, having direct access to a street or alley. Each parking space shall provide at least two feet of clearance on all sides of any vehicle to be parked.
A sign which directs attention to a business, commodity, service or entertainment or attraction sold, offered or existing on the same lot where such sign is displayed, provided that an on-site sign may also display a noncommercial message.
The sale of merchandise or food conducted outside of a building, on either a temporary or a permanent basis, but excluding garage sales when conducted by the occupant of a residential property no more than two days per year and the sale of farm or garden produce, when conducted as an accessory use as provided in Article IV of this Part 1.
Displays painted directly on a wall and designed and intended as a decorative or ornamental feature and providing no advertising of any kind.
Painted areas which highlight a building's architectural or structural features.
An off-street space available for the parking of one licensed motor vehicle on a transient basis and having direct usable access to a street.
Any individual, firm, company, association, society, corporation or group.
An establishment which provides work done or duties performed for humans, such as a barbershop, beauty parlor, tailor shop, dressmaker shop, shoe repair shop, etc.
Any domestic animal that is kept or treated with affection and may properly and safely be permitted within a dwelling unit.
An institution which is charitable, benevolent, generous and humane; one that is interested in the general human welfare, especially through gifts to charities and endowments for human advancement.
A tract of land that may provide for more than one type of commercial use, which is designed to be developed and maintained, through covenants and restrictions that run with the land, as a unit in order to provide for quiet, clean, well-maintained professional, administrative, research and design uses.
A tract of land which may provide more than one type of residential land use and ancillary or commercial use and designed to be maintained and operated as a unit, in single ownership or control, and sharing certain facilities in common, such as open space, yards, off-street parking and recreation facilities.
The Planning Board of the Town of Thompson.
A sign not permanently affixed to the ground, a building or other structure, which may be moved from place to place.
Includes, but is not limited to, domesticated fowls, such as chickens, ducks, geese, turkeys, pigeons, guinea hens and pheasants, raised in confinement. Poultry shall not include rarities.
A protected area in public ownership that is set aside for recreation and enjoyment. It may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas and/or bath facilities. Public recreational facilities shall not include commercial recreation facilities.
[Added 1-21-2020 by L.L. No. 2-2020]
Sewage disposal systems accepted by the Town Board as meeting the standards required for municipal operations and operated by the Town of Thompson. A district must be formed and accepted by the Town Board.
A business or service which is of public consequence and need, such as electricity, gas, water or telephone service.
Water supply systems accepted by the Town Board as meeting the standards required for municipal operations by the Town of Thompson. A district must be formed and accepted by the Town Board.
Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with or in anticipation of building or landscaping on a lot.
A sign pertaining to the sale, lease or rent of the premises or a portion of the premises on which the sign is located.
Facilities or equipment, exclusive of government facilities, for purposes of participant or spectator recreation or entertainment and utilized by the public for a fee. Examples include, but are not limited to, arcades, cinemas, theaters, amusement parks, bowling alleys, billiard parlors, pool rooms, dance halls, ice/roller rinks, golf courses, driving ranges, miniature golf courses, and tennis/racquetball courts.
[Added 1-21-2020 by L.L. No. 2-2020]
A vehicular-type transportable structure, without a permanent foundation, which can be towed, hauled or driven and is designed primarily to be a temporary living accommodation for recreational, camping and travel use, including but not limited to a travel trailer, truck camper, camping trailer and self-propelled motor home.
See "church."
A facility which conducts studies and investigations in a particular field of knowledge, which is undertaken to establish facts or principles.
A building or part thereof which contains one or more dwelling units for permanent occupancy, but not including a boardinghouse, motel, hotel or summer colony.
A use devoted exclusively to the retail sale of commodities directly to consumers.
A living room (as specified in § 4 of the New York State Multiple Dwelling Law) within a dwelling unit, except that, for the purpose of determining lot area, requirements for a habitable room shall not include any of the following:
As a guide, an efficiency apartment contains one habitable room, a one-bedroom apartment contains two habitable rooms; a two-bedroom apartment contains three habitable rooms; and a three-bedroom apartment contains four habitable rooms.
The collection, storage, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal of any secondhand or used property of whatever material it may be composed, whether of wood, paper, cloth, cardboard, plastic, metal, stone or concrete.
An institution for the recuperation and treatment of persons suffering from physical or mental disorders.
Any public or private school under the jurisdiction of the Commissioner of Education of the State of New York; any parochial school operated and maintained by any religious corporation authorized to perform its corporate functions in the State of New York; or any school chartered by the Board of Regents of the University of the State of New York.
[Amended 1-21-2020 by L.L. No. 3-2020]
The blocking, shielding or concealment of views, vistas and noise through a proper and well-designed scheme of planting trees, shrubs, hedges or vines, or the installation of a fence approved by the Planning Board.
An establishment which provides work done or duties performed for others, such as maintenance, installation, repairs, etc., that are provided by a dealer. See also "personal service shop."
For purpose of defining "adult establishment," sexual activities include, but are not limited to, depictions of human genitals in the state of sexual stimulation or arousal or actual or simulated acts of human sexual activities, such as sexual intercourse or sodomy or fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts.
For purpose of defining "adult establishment," sexual anatomical areas are less than completely and opaquely concealed human genitals or pubic regions, human buttocks, anus or female breasts below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely concealed.
A group of commercial establishments planned, constructed and managed as a total entity, consisting of four or more separate commercial establishments or 25,000 square feet or more of floor area, with customer and employee parking provided on site, regardless of whether said establishments occupy separate structures.
Any letter, word, model, banner, pennant, insignia, device or representation used as or which is in the nature of an advertisement, attraction or directive when located out of doors or on the exterior of any building.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by Such frame or outline shall be included;
When such sign consists of only letters, designs or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists is inscribed.
The quotient of the first floor area of a building divided by its lot area.
Any sign which is designed solely for the purpose of traffic or pedestrian direction and is placed on the property to which or on which the public is directed and which contains no advertising copy.
Any structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of the building.
The holding or safekeeping of goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods.
That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of the next higher finished floor, or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
A public or private way which affords principal means of access to abutting properties.
The dividing line between a lot and the right-of-way of a street or, where no right-of-way has been established, the dividing line between a lot and a street.
The excavation, to any depth and for any purpose, of any area of over 1,000 square feet, not including trenches for installation or maintenance of public utilities.
A combination of materials forming a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards and display signs.
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place or who shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or holder, either directly, indirectly or beneficially, or owns more than 20% of any class of stock or who operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
Includes a place with only a portion or section of its area set aside for the display or sale to adults of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, except that any place otherwise included within this definition that can prove that not more than 10% of its square footage is devoted to the display of or sale of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas shall be exempt from the provisions of this Part 1 so long as such material is kept out of the reach and visibility of minors.
A land surveyor licensed to practice in. the State of New York.
An artificially created body of water having a depth, at any given point, greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground.
A building consisting of a series of noncommunicating one-family sections, each owned in fee simple, having a common wall between each two adjacent sections.
Any type of portable structure, whether on wheels, skids, rollers, blocks or foundation supports, which is capable of being used for living or sleeping purposes.
Any type of portable structure standing on wheels, skids or rollers, towed or hauled by another vehicle and used on a construction site to store materials and equipment, but not being used for living or sleeping purposes.
Any type of portable structure standing on wheels, skids or rollers, towed or hauled by another vehicle and used for carrying materials, goods or objects, but not being used for living or sleeping purposes.
See "distribution center."
[Added 1-21-2020 by L.L. No. 2-2020]
The measurement of suspended solids in a water body, measured in milligrams per liter, during average low flow conditions.
Projecting sign placed at a ninety-degree angle to the building facade or a business establishment and attached to the ceiling of a canopy or covered walkway or attached to the storefront or building facade to facilitate identification of the particular business establishment.
The specific purposes for which land or a building is used or occupied or maintained.
A structure or use incidental to a permitted use authorized within a zoning district and subject to approval by the officers and employees of the Building Department.
A parcel of land, which may include structures, used for the display and sale of used automobiles and where no repair work is conducted.
A use of a building and/or land which was lawfully established but which does not conform to the use regulations for the district in which it is located. It may or may not involve any principal building.
A use of land specifically authorized within a zoning district and subject to approval by the officers and employees of the Building Department.
The primary purpose or function that a lot serves or is intended to serve.
A use of land specifically authorized within a zoning district and subject to the approval of the Planning Board in accordance with the standards provided for such use.
A facility for the medical and/or surgical care of sick or injured animals.
An artificially created body of water having a depth, at any given point, not exceeding two feet, used or intended to be used for wading.
A building or structure utilized for the storage of various goods including but not limited to equipment, food products, furniture, vehicles, appliances, clothing, wood products and related items, but not including materials classified as hazardous in the Fire Code of New York State.
[Added 1-21-2020 by L.L. No. 2-2020]
An area subject to continued marginal inundation or saturation of soil such that it contains specific indicator vegetation types, as defined on a map prepared by the New York State Department of Environmental Conservation (NYSDEC), and all land within 100 feet of such wetland boundary or defined by the United States Army Corps of Engineers (ACOE).
An establishment which generally sells goods in large quantities and at reduced prices, especially the sale of goods to retainers who in turn sell to consumers.
An unoccupied ground area, open to the sky, within and extending the full width of the lot between the street line and the principal building located on such lot.
An unoccupied ground area, open to the sky, between the rear lot line and a line drawn parallel thereto at the rear of the principal building.
Open and unobstructed ground area of a lot, extending inward from the lot line the distance specified in the regulations for the district in which the lot is located.
The ground between the street line and the front of a building nearest the street line.
An unoccupied ground area, open the sky, between any property line other than a front or rear lot line, and a line drawn parallel thereto, and between the front and rear yards at the principal building.
[1]
Editor's Note: The former definition of "day camp," which immediately followed this definition, was repealed 1-21-2020 by L.L. No. 3-2020.