As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY USE OR BUILDING
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot.
AGRICULTURAL USE
Land which is used for raising or harboring livestock, or
agricultural products, including farm structures and the storage of
agricultural equipment; riding, livery and boarding stables, kennels
and veterinaries; and as an accessory use, the sale of agricultural
products raised on the property. (Except for incidental garden plots,
this use is prohibited within the Village limits.)
ALTERATION
Any change, rearrangement, or addition to a building other
than repairs, and any modification in construction or in building
equipment.
BAR
Establishments licensed to sell alcoholic beverages for on-premises
consumption.
BASEMENT
A story underground or partly underground. A basement shall
be counted as a story for the purposes of height measurement if the
vertical distance between the basement ceiling and the average grade
level of the adjoining ground is more than half the total distance
from floor to ceiling.
BLOCK
The length of a street between two intersections.
BOARDING HOUSE
A dwelling wherein more than four people are sheltered for
profit.
BOAT HOUSE
A building used exclusively for the storage of boats and
equipment used in connection therewith.
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 AREA
The total of areas taken on a horizontal plane at the main
finished grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
BUILDING FRONT LINE
The line parallel to the front lot line transacting that
point in the building face which is closest to such lot line. This
face includes porches, whether enclosed or unenclosed, but does not
include steps open to the sky.
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 or mansard roofs, and to the average
height of pitched, gable, hip, and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
CLINIC
An office building used by members of the medical professions,
for the diagnosis, treatment and care of human ailments.
CLUB HOUSE, MEMBERSHIP
A YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious
and similar membership clubs which may have dormitory accommodation
on the premises.
CLUB, PRIVATE
A building or use catering exclusively to private club members
and their guests for recreational or athletic purposes, and not operated
primarily for gain or profit.
COMMUNITY CENTER
A public or private meeting hall, place of assembly, museum,
art gallery, library, place of further education, or church, not operated
primarily for gain or profit.
COURT
An unoccupied open space other than a yard. An outer court
is one which extends to the front, side or rear yards; an inner court
is any other court.
COVERAGE
That percentage of the lot area covered by the building area.
DEVELOPMENT PLAN
The development plan which shall be prepared by an architect,
engineer, landscape architect, land surveyor or planning consultant,
and shall include the following information:
A.
A survey of the property, showing existing features
of the property, including contours, buildings, structures, trees
over four inches in trunk diameter, streets, utility easements, rights-of-way,
and land use.
B.
A site plan showing proposed building locations
and use areas.
C.
Traffic circulation, parking areas and pedestrian
walks.
D.
Landscaping plans, including site grading and
landscape design.
E.
Preliminary drawings for buildings to be constructed
in the current phase, including floor plans, exterior elevations and
sections.
F.
Preliminary engineering plans, including street
improvements, drainage system, and public utility extensions.
G.
Engineering feasibility studies, as required
by the Planning Board.
H.
Construction sequence and time schedule for
completion of each phase.
DEVELOPMENT PLAN, PRELIMINARY
A preliminary proposed site plan, showing building locations
and land use areas; traffic circulation, parking areas and pedestrian
walks; and landscaping layout; and proposed construction sequence
for buildings, parking spaces, and landscaped areas.
DORMITORY USE
A fraternity, sorority, nurses' home, or dormitory.
DRIVE-IN FACILITY
A building or use where a product is sold or a service performed
to customers while they are in or by their motor vehicle.
DRIVEWAY
Land used as access to, and situated on, the property or
lot by vehicular traffic.
DUMP
Land used for the disposal by abandonment, dumping, burial,
burning or any other means and for whatever purposes, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste material of any kind. (Use prohibited within Village
limits.)
DWELLING, MULTIPLE FAMILY
A building designed or used as living quarters by three or
no more than 12 families living independently of each other.
DWELLING, TWO-FAMILY
A building designed or used as living quarters by two families
living independently of each other.
DWELLING UNIT
A building or part thereof used as living quarters for one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling,"
or "dwelling group" shall not be deemed to include a motel, hotel,
boarding house or tourist home.
FAMILY
One or more persons 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
such single housekeeping unit shall contain more than five members.
FLOOR AREA
The sum of the horizontal area of the floors of a building,
excluding basement floor areas. All dimensions shall be measured between
interior faces of walls.
FLOOR AREA, HABITABLE
The floor area of rooms in a dwelling unit used for bedrooms,
living rooms, dining rooms, and kitchens.
GARAGE, PRIVATE
An enclosed space for the storage of motor vehicles, provided
that no business, occupation or service is conducted for profit therein.
GARAGE, PUBLIC
Any garage available to the public, operated for gain, and
which is used for storage, repair, rental, greasing, washing, painting,
servicing or equipping motor vehicles.
GRADE, FINISHED
The completed surfaces of ground, lawns, walks, paved areas
and roads brought to grades as shown on plans or designs relating
thereto, or in existence at the time the certificate of occupancy
is issued.
HOME OCCUPATION
A.
An accessory use of a service character conducted
within a dwelling by the residents thereof, which is clearly secondary
to the dwelling use for living purposes and does not change the character
thereof, does not have a sign, nor have any exterior evidence of such
secondary use, and which conforms to the following additional conditions:
(1)
The occupation or profession shall be carried
on wholly within the principal building or within a building accessory
thereto by the owner resident. Not more than one person outside the
family shall be employed in the home occupation. There shall be no
exterior storage of materials and no other exterior indication of
the home occupation or variation from the residential character of
the principal building. No offensive noise, vibration, smoke, dust,
odors, heat, light or glare shall be produced.
(2)
A home occupation includes dressmaking, home
cooking, teaching, musical instruction (limited to a single pupil
at a time), and the practice by an artist, doctor, dentist, insurance
agent, musician, realtor, photographer or barber shop or beautician.
B.
However, a home occupation shall not be interpreted
to include the following: commercial stables and kennels, animal hospitals,
restaurants and tea rooms, musical instruction to groups, dancing
instruction to groups, convalescent homes, mortuary establishments,
garages or premises for the repair of motor vehicles, TV, radio or
electrical appliances, and other trades and businesses of a similar
nature.
HOSPITAL
A sanitarium, clinic, rest home, nursing home, convalescent
home, home for the aged, and any other place for the diagnosis and/or
treatment of human ailments.
HOTEL
A building containing rooms, which are used, rented or hired
out to be occupied for sleeping purposes and where a general kitchen
and dining room may be provided within the building or in an accessory
building.
INDUSTRIAL USE
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, and the manufacture of finished
products or parts, predominantly from previously processed or prepared
materials, including processing or fabrication, assembly, treatment,
packaging, incidental storage, or sales and distribution of such products.
[Added 3-24-2009 by L.L. No. 1-2009]
INDUSTRY, LIGHT
Industrial uses, such as manufacturing, processing and assemblage, that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources. (See prohibited uses set forth in §
153-8, Commercial District (C), Subsection
B(2), Light industrial.
[Added 7-22-2014 by L.L. No. 2-2014]
JUNKYARD
Land, building or structure used for the collecting, storage
or sale of wastepaper, rags, scrap metal or discarded material; or
for the collecting, wrecking, dismantling, storage, salvaging and
sale of machinery parts or vehicles not in running condition. (Use
prohibited within Village limits.)
LOADING SPACE
Any off-street space used for the temporary location of one
licensed motor vehicle, which is at least 12 feet wide and 40 feet
long, not including an access driveway, and having direct access to
a street or alley.
LOT
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required, having
not less than the minimum area, width and depth required for a lot
in the district in which such land is situated, and having frontage
on a street, or other means of access as may be determined by the
Planning Board to be adequate as a condition of the issuance of a
building permit for a building on such land.
LOT AREA
The total area within the property lines excluding any part
lying within the boundaries of a public street or proposed public
street.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at points of intersection of the side lot lines intersect at an interior
angle of less than 135°.
LOT DEPTH
The mean horizontal distance from the street line of the
lot to its opposite rear line measured at right angles to the building
front line in the general direction of the side lines of the lot.
LOT FRONTAGE
The distance measured across the width of the lot at the
building front line or the proposed building front line.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
or deed prior to the date of adoption of this chapter, and as shown
on the records of the County Clerk.
LOT WIDTH
The mean measured at right angles to its lot depth at the
required building front line.
MANUFACTURED HOME
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode is eight feet (2,438
mm) or more in width or 40 feet (12,192 mm) or more in length or,
when erected on site, is 320 square feet (29.7 m
2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
[Amended 5-22-2012 by L.L. No. 2-2012]
MANUFACTURED HOME PARK
Land on which two or more manufactured homes are parked,
or which is used for the purpose of supplying to the public a parking
space for two or more manufactured homes.
[Amended 5-22-2012 by L.L. No. 2-2012]
MEDICAL OFFICE
Medical, dental and clinical offices for the diagnosis and
treatment of human ailments.
MODULAR HOME
A factory-manufactured dwelling unit, conforming to applicable
provisions of this Code and bearing insignia of approval issued by
the State Fire Prevention and Code Council, which is constructed by
a method or system of construction whereby the structure or its components
are wholly or in substantial part manufactured in a manufacturing
facility, intended or designed for permanent installation, or assembly
and permanent installation.
[Amended 5-22-2012 by L.L. No. 2-2012]
MOTEL
A building containing rooms which are rented or hired out
as a series of sleeping units for automobile transients, each sleeping
unit consisting of at least a bedroom and a bathroom.
MOTOR VEHICLE
Motorized device or vehicle used for transportation of goods
or people.
[Amended 7-22-2014 by L.L. No. 2-2014]
MOTOR VEHICLE SALES SHOWROOM
An enclosed establishment for display and sale of new and
used motor vehicles, trailers, manufactured homes, and boats, and
shall not include open display or storage of such vehicles.
[Amended 5-22-2012 by L.L. No. 2-2012]
MUNICIPAL BUILDINGS
Government buildings, municipal community hall, firehouse,
and public works building.
NONRESIDENTIAL LAND USE
All uses of land and buildings except one-family dwellings,
two-family dwellings and multiple-family dwellings.
NURSING HOME
Any building where persons are housed and furnished with
meals and nursing or convalescent care.
OFFICE, BUSINESS
All business, professional, banking, finance, insurance,
real estate, medical, dental, clinical, governmental and utility service
company offices.
OWNER
The person or persons holding title to the property.
PARKING SPACE
An off-street space used for the temporary location of one
licensed motor vehicle, which is at least 10 feet wide and 20 feet
long, not including an access driveway, and having direct access to
a street or alley.
PERSONAL SERVICES
Beauty parlors, barber, shoe repair and shoeshine shops,
photographic studios, laundromats, laundry and dry-cleaning establishments,
and businesses providing similar services of a personal nature.
PROFESSIONAL RESIDENCE OFFICE
A residence in which the occupant has a professional office
of an architect, accountant, chiropractor, dentist, doctor of medicine,
landscape architect, land surveyor, lawyer, optometrist, osteopath,
physiotherapist, planning consultant, podiatrist, professional engineer,
or psychologist, which is clearly secondary to the dwelling use for
living purposes and does not change the residential character thereof,
and where not more than two persons are working.
PUBLIC ASSEMBLY USE
An auditorium, theater, public hall, school hall, meeting
hall, church and temple.
PUBLIC UTILITIES
A building or lot used in connection with the administrative
offices of a public service company or the transmission or distribution
of water, sewage, gas, electricity, telephone or other public services.
QUARRY
Land used for the purpose of extracting stone, sand, gravel,
clay, lime or topsoil for sale or use as a commercial operation. (Use
prohibited within Village limits.)
RECREATION, INDOOR
An indoor bowling alley, theater, pool hall, ice and roller-skating
rinks, gymnasium, table tennis hall, swimming pool, hobby workshop,
and similar places of indoor commercial recreation.
RECREATION, PRIVATE OUTDOOR
A yacht club, golf course, trap, skeet and archery range,
swimming pool, skating rink, riding stable, park, lake and beach,
tennis court, outdoor recreation stadium and skiing facility.
RECREATION, PUBLIC OUTDOOR
A publicly owned and operated playground, playfield, park,
open space, or swimming pool, operated not for gain.
RESIDENTIAL USE
A one-family dwelling, two-family dwelling, multiple-family
dwelling, and professional residence-office.
RESTAURANT
An establishment for the sale and on-premises consumption
of food and beverages, including alcoholic beverages.
RETAIL STORE
An enclosed restaurant, cafe, shop and store for the sale
of retail goods, personal service shop and department store, and shall
exclude any drive-up service, freestanding retail stand, gasoline
service and automobile repair service, new and used car sales and
service, trailer and manufactured home sales and service.
[Amended 5-22-2012 by L.L. No. 2-2012]
ROOM, HABITABLE
Any dwelling unit, the rooms used for bedrooms, living room,
dining room and kitchen.
SCHOOL
Parochial, private and public schools, nursery school, college,
university, and accessory uses, and shall exclude commercially operated
school of beauty culture, business, dancing, driving, music and similar
establishment.
SERVICE AREA
Those parts of any lot which are used primarily to provide
access for servicing the use on the lot, including land used for delivery
of goods, storage and collection of wastes and provision for maintenance.
SERVICE STATION
Any building or land that is used for the sale of motor fuel,
oil, and motor vehicle accessories, and which may include facilities
for lubricating, washing, or servicing motor vehicles.
[Amended 7-22-2014 by L.L. No. 2-2014]
SETBACK
Interpreted as the perpendicular distance from an established
street or road right-of-way upon which a property fronts.
SIGN
A structure, building or part thereof, or device attached
thereto, for visual communication that is used for the purpose of
bringing the subject thereof to the attention of the public. A sign
does not include the flag or insignia of any nation, state or city;
nor any political, educational, charitable, philanthropic, or religious
advertising campaign, provided that such advertising shall not be
displayed for a period exceeding 30 days.
SIGN, ADVERTISING OR BILLBOARD
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot.
SIGN, BUSINESS
A sign which directs attention to a business, profession,
commodity, service or entertainment conducted or provided upon the
same lot, including "for sale" and "for rent" signs relating to the
lot on which they are displayed.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use. (Use prohibited within Village limits.)
SIGN, ILLUMINATED
Any sign designed to give forth any artificial light, or
designed to reflect such light deriving from any source, which is
intended to cause such light or reflection.
STABLE
A building in which horses are kept for public or private
use, remuneration, hire or sale. (Use prohibited within Village limits.)
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
Part of a building which is between one floor level and the
next higher floor level, or if there is no floor above it, then the
ceiling next above it.
STREET
A public way for vehicular traffic which affords a 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 LEVEL
The first floor of a building. If a building does not have
a floor at the street grade, the first floor of the building will
be the first floor above the street grade.
[Added 7-22-2014 by L.L. No. 2-2014]
STREET LINE
The right-of-way line of a street as dedicated by a deed
or record. Where the width of the street is not established, the street
line shall be considered to be 30 feet from the center of the street.
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
Any body of water or receptacle for water having a depth
greater than 18 inches or a surface area greater than 250 square feet
used for swimming or bathing, and constructed, installed or maintained
in or above the ground.
THEATER
A building or part of a building devoted to the performing
arts.
THEATER, DRIVE-IN
An open land with its appurtenant facilities, devoted primarily
to the showing of moving pictures or theatrical productions, to patrons
seated in automobiles or on outdoor seats.
TOT-LOT
A recreation area designed and equipped for use of preschool
children, at least 1,000 square feet in area. The equipment may consist
of a sandbox, play sculpture, swings, slide, and jungle gym.
TOURIST HOME
A dwelling in which overnight accommodation is provided for
transient guests for compensation.
TRAILER
Any vehicle used as sleeping or living quarters mounted on
wheels or on supports and includes an automobile trailer equipped
with living or sleeping facilities and a house car, and a vehicle
which is customarily towed by an automobile or truck and is used for
carrying goods, property, machinery, boats, camping equipment, or
as an office.