As used in this chapter, unless the context otherwise
requires, the following terms shall have the meanings indicated:
ACCESS
Any path or opening for vehicles to leave or enter a property
or lot from a public or private thoroughfare or passage for vehicular
traffic.
ACCESSORY STRUCTURE
A building subordinate and clearly incidental to the principal
building on the same lot and used for a purpose customarily incidental
to those of the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and located on the same lot with the principal use. In no case
shall the accessory use dominate, in area, extent or purpose, the
principal use or structure.
ADJACENT PROPERTY
A property which adjoins or is within 200 feet, including
land across any public or private thoroughfare or waterway.
ADJOINING PROPERTY
A property that bounds or shares a boundary. The term "adjoining
property" shall have the same meaning as "abutting property."
APARTMENT HOUSE
A type of multiple-family dwelling arranged in single dwelling
units and intended or designed to be occupied by three or more families
living independently of each other, which may or may not have common
utility services and entrances and of which units are rented.
ARCHITECTURAL FRONT YARD
The yard facing the side of the building containing the architectural
main entrance to the house.
AUTO BODY REPAIR SHOP
A service business for the repair of the body or frame of
an automobile, including painting, straightening, sanding and welding.
AUTOMOTIVE SALES AND/OR SERVICE
Any area of land, including the structures thereon, that
is used for the retail sales of motor vehicles and accessories and
which may or may not include auto body repair shop services.
BED-AND-BREAKFAST FACILITY
A single-family residence which is not a hotel, motel, lodging
or rooming house, is owner-occupied and in which overnight accommodations
are offered for a stay not to exceed two weeks, and breakfast only
is provided or offered for transient guests for compensation. The
use is secondary to the single-family dwelling unit.
BILLBOARD
Any sign larger than 35 square feet in area on any sign face,
whether freestanding or attached.
BOARDINGHOUSE
A residential dwelling, not a hotel and not a bed-and-breakfast,
occupied and used as a dwelling wherein meals are furnished to individuals
other than to the family of the owner.
BUILDING
A structure having a roof supported by columns or by walls
and intended for shelter, housing, protection, storage, or enclosure
of persons, animals or property.
BUILDING HEIGHT
The vertical distance from the mean finished grade to the
highest point of a building measured at the front wall of the building.
The measurement is exclusive of church spires, cupolas, chimneys,
ventilators, cooling towers, mechanical equipment or similar features
customarily covered above roof level. These features shall not exceed
an aggregate coverage of 25% of the roof area on which they rest.
BUILDING LINE
The line of the exterior face of a building facing a lot
line. The face shall include bay windows; covered porches, whether
or not enclosed; and any projections, excepting, however, open steps
that provide access to the ground floor or basement of a building
and eaves, which may project 18 inches into the required setback.
(See "setback.")
BUILDING LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as may be
required by this chapter, having frontage on a public street and having
been described in a deed and recorded with Washington County Real
Property Services. The merger of two or more adjoining lots for real
estate tax purposes shall not preclude the reversal of said merger
at the request of the landowner and shall not cause a forfeiture of
any rights that had been vested at the time of the merger.
[Added 7-14-2008 by L.L. No. 5-2008;
amended 9-14-2015 by L.L. No. 3-2015]
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which
it is erected is conducted.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer for
the Village after final inspection, when it is found that the structure
and/or development complies with all local requirements and provisions
of the New York State Uniform Fire Prevention and Building Code.
CHANGE IN INTENSITY OF USE
When a particular use has exceeded the scope of its original
permit/approval and has created additional impacts or demands on the
community or infrastructure. A change in intensity of use may occur
without the physical expansion of the project site/ building. A change
in intensity of use may be triggered when the demand for two additional
parking spaces occurs. A change in intensity of use is triggered when
there is a change in the services provided in a health-related facility
or a community facility. Any of these occurrences are deemed a change
in intensity of use and are subject to site plan review.
[Amended 12-10-2012 by L.L. No. 3-2012]
CHANGE IN USE
The change of land use or the change of use of a building
from one allowed use to another allowed use, such as restaurant to
stationary store, or a change in the intensity of the same use may
constitute a change in use. The term is not intended to include a
change in tenancy or ownership.
CLEAR-VISION ZONE
An area at all corners of intersecting roads or road junctions,
consisting of a triangular area defined by the point of intersection
of the right-of-way lines and the two points extended along such lines
for a distance of 35 feet from any intersection, and in which obstructions
higher than three feet are prohibited.
CODE ENFORCEMENT OFFICER
The person appointed by the Village Board of Trustees to
administer and implement this chapter by granting or denying building
permits and certificates of occupancy in accordance with its provisions,
as well as the provisions of the New York State Uniform Fire Prevention
and Building Code.
COLLECTOR STREET
(1)
A street which carries traffic from minor streets
to the major system of secondary or arterial streets.
(2)
The principal entrance and circulation streets
within a development.
COLLOCATION
The siting and/or mounting of multiple antennas used by the
same wireless communications services provider or by two or more competing
providers on the same telecommunications tower.
COMMERCIAL USE
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreation facilities or activities for a fee. The term shall include
but not be limited to the following: drive-in restaurant; filling
station; restaurant; retail use; retail stand; tavern, convenience
store; and marina.
COMMUNITY FACILITIES
Shall include but not be limited to governmental offices;
churches and places of worship; libraries; fire, police and emergency
services; schools; health-care facilities; senior-care facilities;
and arts and cultural organizations.
CONCRETE BATCH PLANT
A site, equipment or facility designed for the mixing or
processing of sand, cement, rock, aggregate or similar materials.
DAY-CARE CENTER
A site, building or place designed and/or operated to provide
day care and/or instruction for three or more persons and operated
on a regular basis for a fee. Such centers must be licensed by the
Office of Children and Family Services. This definition includes the
terms "family day care," "group family day care" and "adult day care."
DRIVE-THROUGH OR DRIVE-IN FACILITY
An establishment or facility that by design of physical facilities
permits customers to receive a service or obtain a product (including
food) while remaining in a motor vehicle on the premises.
[Amended 10-14-2011 by L.L. No. 4-2011]
DUMPSTER
A waste container designed to be mechanically lifted by and
emptied into a collection vehicle. Typically, a dumpster will be greater
than 95 gallons in capacity. Dumpsters are differentiated from trash
receptacles or trash totes.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
EFFECTIVE DATE
The date on which this chapter is filed with the New York
State Secretary of State.
EROSION AND SEDIMENT CONTROL
Temporary or permanent measures taken to reduce erosion,
control siltation and sedimentation and to ensure that sediment-laden
water remains on site for the prevention of pollution and blockage
of watercourses and waterbodies.
EQUIPMENT STORAGE, SALES AND SERVICE
A lot utilized for purposes such as storage, rental, sales
and service of equipment and machinery, including tractor trailers
and related transportation equipment such as bulldozers, backhoes,
engines, compressors, trucks over 2 1/2 tons, tractors, construction
equipment and other machinery, vehicles or motors, and also including
boats.
EXISTING USE OR STRUCTURE
Any use or structure lawfully in existence according to the
criteria stated in the “existing uses and structures”
section of this chapter, as of the date of the enactment of this chapter.
FAMILY
[Amended 1-12-2015 by L.L. No. 1-2015]
(1)
Two or more persons occupying the premises and living together
as a single and bona-fide housekeeping unit with common use, care
and access, and with shared cooking, eating and toilet facilities,
as distinguished from a group of individuals occupying specified rooms
and without common access, use, or care of the entire dwelling unit.
Such persons shall together occupy and either own or rent the whole
of a separate building or dwelling unit in a family-like living arrangement
as the functional and factual equivalent of a natural family and use
all rooms and housekeeping facilities in common.
(2)
In any separate building or dwelling unit occupied by a family
of four or more persons, there may be added as an occupant no more
than one individual boarder, roomer or lodger, and, in any family
of three or fewer persons, there may be added no more than two individual
boarders, roomers or lodgers; provided, however, that as a condition
of permitting such occupancy, the owner of the separate building or
dwelling unit shall notify the Code Enforcement Officer in writing
of the identity of each family member, and of each boarder, roomer
or lodger, and shall provide adequate off-street parking for all vehicles
of the occupants. The Code Enforcement Officer shall determine the
adequacy of the proposed parking areas, in his or her sole discretion.
(3)
Any such number of persons shall not be deemed to constitute
a family if:
(a)
Any one of such persons may not have lawful access to all parts of the separate building or dwelling unit, except in the case of one or two individual boarders, roomers or lodgers, as permitted by Subsection
(2) above;
(b)
Any one or more of such persons rent any separate portion of such separate building or dwelling unit from any other person, except in the case of one or two individual boarders, roomers or lodgers, as permitted by Subsection
(2) above;
(c)
Such persons shall occupy the separate building or dwelling unit as a boarding- rooming or lodging house, nursing or convalescent home, dormitory, fraternity or sorority house, hotel, motel or inn or other similar housing facility, except in the case of one or two individual boarders, roomers or lodgers, as permitted by Subsection
(2) above;
(4)
It shall be presumed that a separate building or dwelling unit
is occupied by more than one family if any two or more of the following
features may be found to exist on the premises by the Code Enforcement
Officer, unless it is otherwise rebutted by evidence presented to
the Code Enforcement Officer by the owner or resident of the separate
building or dwelling unit that it is occupied by one family, all as
defined in this section:
(a)
More than one mailbox, mail slot or post office address.
(b)
More than one doorbell or doorway on the same side of the separate
building or dwelling unit.
(c)
More than one electric meter.
(e)
More than one connecting line for cable or satellite television.
(f)
Separate entrances for separate portions of the separate building
or dwelling unit.
(g)
Partitions or locked internal doors barring access between segregated portions of the separate building or dwelling unit, including bedrooms, except for the bedrooms of no more than one or two individual boarders, roomers or lodgers, as permitted by Subsection
(2) above.
(h)
Separate written or oral leases or rental agreements for the payment of rent for portions of the separate building or dwelling unit among its owner or occupants, except in the case of one or two individual boarders, roomers or lodgers, as permitted by Subsection
(2) above.
(i)
Two or more kitchens, each of which contain a range or oven
and refrigerator and sink.
(5)
The Code Enforcement Officer shall make the determination as to the application of this definition of "family" for the purposes of compliance with any provisions of this zoning chapter and the New York State Uniform Fire Prevention and Building Code, based upon his or her inspection of the premises, any information he or she may receive from the residents thereof or from any other persons or documentation, or based upon any other evidence as to the condition of the premises or the relationship and living arrangements of the residents, whether or not falling within the evidence set forth in Subsection
(4) above, in consultation with the Village Attorney. The determination of the Code Enforcement Officer shall be final, subject to appeal to the Zoning Board of Appeals and judicial review as provided by law.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food/meals directly to the customer
in a ready-to-consume state for consumption either within the restaurant
or off the premises.
FENCE
A barrier consisting of material(s) assembled, constructed
or erected at a fixed location on the ground or attached to the ground.
"Fence" does not include a hedge or similar barrier composed of growing
vegetation or a man-made berm.
FRONT YARD
An open, unoccupied space on the same lot with a principal
building, extending the full width of the lot and situated between
the street 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 line. Covered
porches, whether enclosed or unenclosed, shall be considered a part
of the principal building and shall not project into a required front
yard. On a corner lot, the front yard shall be measured from either
of the two street lines. No accessory structures, including pools,
shall be allowed in a front yard or a second front yard on a corner
lot.
GARAGE, COMMERCIAL
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
sale, greasing, washing, servicing, adjusting, or equipping of motor
vehicles and/or for the retail sale of fuel for 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. Temporary or canvas-type garages shall
be considered a garage and be subject to the siting and setback provisions
of this chapter.
GARAGE, TEMPORARY
A structure commonly fabricated from canvas, nylon or tarp-type
materials, stretched over a framework for the purpose of storage of
automobiles or other equipment or materials. The structures are portable
or moveable by design.
GASOLINE STATION
A lot occupied or used for the sale of oil or other motor
fuel, lubricants, tires and accessories for motor vehicles, including
facilities for greasing, washing, cleaning, polishing or otherwise
servicing vehicles, but not including painting or major repairing
thereof.
GREENHOUSE
A building 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 delicate or out-of-season
plants for subsequent sale or personal enjoyment. A greenhouse in
excess of 300 square feet shall be regulated as a commercial nursery.
A greenhouse under 300 square feet shall be considered accessory to
a residential use.
GROUP FAMILY DAY-CARE HOME
A facility, home, or other establishment defined as a group
family day-care home in § 390 of the Social Services Law,
licensed by the New York State Department of Social Services or by
the Washington County Department of Social Services, at which day
care is provided for hire for generally seven to 14 children and is
operated in accordance with the state and county regulations governing
operations of a group family day-care home.
HEALTH-RELATED FACILITY
A building or site used for the treatment of illness, disease,
injury, deformity and other abnormal physical or mental conditions,
including rehabilitation activities, and which is operated by individuals
in the health industry licensed by the State of New York. All hospitals
and institutions specializing in medical treatment, physical and mental
therapy (including alcohol and drug treatment), and assisted living
for all ages are considered to be health-related facilities.
HEAVY INDUSTRIAL
Manufacturing, fabrication and processing operations that
may involve the exterior storage of goods and materials as well as
of finished products.
HOME OCCUPATION
A profession or trade conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the residence for residential purposes;
does not change the character thereof; and does not involve the employment
of more than one person who does not reside in the residence. There
shall be no exterior evidence, including signs, of such home occupation.
HOTEL
A building or any portion thereof which contains living and
sleeping accommodations for transient occupancy and which has a common
exterior entrance or entrances and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of the personal needs of
its occupants. Motels and automobile courts shall all be deemed to
be "hotels."
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles, no longer in condition for legal use on the public
highways, are held, whether for the purpose of resale of used parts
therefrom; for the purpose of reclaiming for use some or all of the
material therein, whether metal, glass, fabric or otherwise; or for
the purpose of disposing of the same or for any other purpose. Such
term shall include any open lot or area for the dismantling, storage
or sale as parts, scrap or salvage of used or wrecked motor vehicles,
appliances, furniture, machinery, scrap metals, wastepaper, rags,
used or salvaged building materials or other discarded materials.
This definition also includes the term "scrap yard."
KENNEL
An establishment to house dogs, cats, and other household
pets where grooming, breeding, boarding, training or selling of animals
is conducted for commercial purposes. The occasional sale of puppies,
kittens or other offspring from household pets shall not be considered
a kennel. The harboring of more than four dogs aged six months or
older shall be presumptively considered use as a kennel.
LANDSCAPING
The act of changing or enhancing the natural features of
a plot, buffer zone, public open space or other area or portion of
a lot (often as a beautifying feature of a building or land use) so
as to make said area more attractive, to add visual screening and/or
to provide safety features and to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc., or
through the sculpting of the terrain, i.e., earth berms, ponds, walkways,
retaining walls, rock outcrops, etc., and/or installing lights, light
poles, flagpoles, fences and traffic malls for the direction of traffic.
This does not include any man-made object that exceeds the maximum
height requirement for a structure in the zone district in which it
is located.
LICENSEE
Any person licensed to operate and maintain a mobile home
park under the provisions of this chapter.
LIGHT MANUFACTURING
Low-intensity manufacturing uses that are conducted indoors
and which do not involve exterior storage of raw materials or finished
products. Such uses may include showrooms for the sale of finished
products. Light manufacturing should be distinguished from heavy industry
since its primary activity is assembly of finished materials, not
processing.
LOT, CORNER
A lot situated at the intersection of two or more streets
or highways.
LOT COVERAGE
That portion of the site covered by buildings and hard surfacing
(i.e., cement, pavement, etc.).
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines measured along the median between the two side lot lines.
LOT LINE
The established division line between different parcels of
property.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets. For the purpose of determining setbacks, the owner
of such a lot may designate one line as the front lot line and the
other as the rear lot line.
LOT WIDTH
The mean horizontal distance of a lot measured at right angles
to its depth at the building line, which building line shall be in
compliance with the minimum setback requirements of this chapter.
LUMBERYARD
A business with or without a building or structure utilized
for the storage of building and construction materials and equipment
for sale, either retail or wholesale. Includes the term "building
supply store."
MANUFACTURED HOME
A structure transportable in one or more sections that in
the traveling mode is eight feet or more in width or 40 feet or more
in length or when erected on the site is 320 square feet minimum and
that was built on or after June 15, 1976, on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and including 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 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 by 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 12-10-2012 by L.L. No. 3-2012]
MINOR STREET
A street intended to serve primarily as an access to abutting
residential properties.
MIXED USE
The development of a building, structure, or tract of land
with a variety of complementary and integrated uses, such as, but
not limited to, residential, office, retail, and community facility
in a compact urban form.
MOBILE HOME
A moveable or portable dwelling unit that was built prior
to June 15, 1976, and designed and constructed to be towed on its
chassis, comprised of frame and wheels connected to utilities, and
designed and constructed without a permanent foundation for year-round
living, excluding travel trailers. The definition of mobile homes
will apply to all manufactured homes not otherwise defined as modular
homes.
MOBILE HOME PARK
A parcel or parcels of land which is designed and improved
for the placement of two or more mobile home (or manufactured home)
units thereon. Includes the commonly used terms "mobile home court"
and "mobile home village."
MOBILE HOME SPACE
A plot of land within a mobile home park designed for the
accommodation of one mobile home (or manufactured home).
MODULAR HOME
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.
MOTOR VEHICLE REPAIR SHOP
Any building, premises and/or land in which or upon which
the primary use is a business which involves the service, maintenance
or repair of automobiles, trucks, buses and other light vehicles,
except for auto body repair, which is carried out within an enclosed
structure and in which the sale of materials is clearly incidental
to the primary use.
MULTIFAMILY DWELLING
Any detached structure containing three or more dwelling
units designed for occupancy in separate living quarters by three
or more families.
NATIONAL REGISTER OF HISTORIC PLACES
The official list, established by the National Historic Preservation
Act, of sites, districts, buildings, structures and objects significant
in the nation's history of whose artistic or architectural value is
unique.
NONCONFORMING LOT
Any lot lawfully on record on the effective date of this
chapter which does not meet the minimum lot area and/or lot frontage
or width or depth requirements of this chapter for the zoning district
in which such lot is situated.
NURSERY/GARDEN CENTER
Land with or without greenhouses used to raise flowers, shrubs
and plants for sale as well as other goods customarily sold with plants,
such as soil, compost, pots, etc.
OFFICE
A building that has been planned, developed and operated
as a facility to accommodate one or more separate offices as its primary
use, and where other uses such as restaurants, taverns or health clubs
are secondary or accessory.
OFFICIAL MAP
The map, and any amendments thereto, adopted by the Village
Board under § 7-724 of the Village Law.
OVERLAY DISTRICT
A set of regulations which add a layer of guidelines or provisions
to the underlying regulating district. An overlay district may cover
more than one zoning district. Land uses subject to the overlay district
are also subject to the requirements of the underlying district.
PARKING SPACE
For the purpose of this chapter, one parking space shall
constitute an area of not less than 162 square feet, of such shape
and vertical clearance so as to accommodate one vehicle having a width
of nine feet and a length of 18 feet.
PARKING SPACE, HANDICAPPED
An oversized parking space designed to accommodate the handicapped.
Such space shall constitute an area of 260 square feet, with a minimum
width of 13 feet and having an overall length of 20 feet.
PARKING SPACE, OFF-STREET
An off-street area or berth with an appropriate means of
vehicular access to a street, intended for the temporary storage of
vehicles.
PERFORMANCE STANDARD
A criteria established in Article
VII of this chapter established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards, or visual pollution generated by or inherent in the use of land or buildings.
PERMITTED USE
Any use requiring no special action by the Zoning Board of
Appeals or site plan or special permit review by the Planning Board
before a building permit is granted by the Code Enforcement Officer,
subject to all other applicable provisions of this chapter.
PERSON
Any individual, corporation, Limited Liability Corporation,
partnership, association, trustee or other entity authorized to exist
in New York State and all political subdivisions of the state or any
agency or instrumentality thereof.
PLACE OF PUBLIC ASSEMBLY
Public buildings, schools, halls, convention centers and
other spaces and buildings where the general public may congregate,
not including social clubs, sportsmen's clubs or other private clubs.
PLACE OF WORSHIP
A building or place used for religious activities, including
a church, synagogue, temple or mosque which is used for the purpose
of worship and activities customarily associated therewith.
PORTABLE STORAGE UNIT
A cargo container, cargo receptacle or similar structure
of any size that can be easily moved or transported and includes but
is not limited to commercial transport trailers (with or without wheels
attached), truck boxes and container boxes.
PRELIMINARY PLAT
The preliminary map or drawing on which the subdivider's
proposed layout of the subdivision is presented to the Planning Board
for consideration and tentative approval.
PRINCIPAL USE
The main or primary purpose for which land or a building
is used or occupied or maintained. When more than one use is on a
lot, the most intense use shall be considered the main or primary
use.
PROFESSIONAL OCCUPATION
One who is engaged in professional services, including but
not limited to all members of the field of medicine, a lawyer, an
architect, an engineer, a surveyor, a real estate broker or an accountant.
PUBLIC OR SEMIPUBLIC BUILDING OR USE
Any structure associated with a college, school, hospital,
library, place of worship, cemetery, museum, firehouse, or a municipal
building or use. However, this definition shall not include a landfill,
waste storage or processing facility, sludge dewatering facility or
other facility used to process or store hazardous materials or materials
dredged from any river or water body.
REAR YARD
An open space extending the full width of the lot between
a principal building and the rear lot line, unoccupied and unobstructed
from the ground upward, except as specified elsewhere in this chapter.
RECREATION VEHICLE (RV)
Any vehicle, which is propelled by any power other than muscular
power, that is designated for or capable of off-road travel, such
as a motorcycle, all-terrain vehicle (ATV), trail bike, minibike or
snowmobile. A recreational vehicle is also classed as a motor vehicle
when such recreational vehicle is operated or driven upon a public
highway. Includes the term "travel trailer."
RESTAURANT
A place for the preparation, serving, sale and consumption
of food and beverages.
[Amended 9-14-2015 by L.L. No. 3-2015]
RETAIL BUSINESS
(1)
The offering, for a fee, of goods, services
or merchandise to the general public. Illustrative examples include
antique stores; appliance stores; artist's stores and studios; bakeries;
banks; barbershops and beauty shops; bookstores; magazine and newspaper
vendors; clothing stores; computer sales; drugstores and sundries;
dry cleaning and laundry collection stations; department stores; furniture
stores; food and beverage establishments; gift and stationary stores;
jewelry sales; shoe repair; and video rental.
(2)
Retail business for the purpose of this chapter
excludes those uses where the outdoor display of goods is a principal
means of display of merchandise or services, such as motor vehicle
sales and services; boat sales; recreational vehicle sales and services;
mobile and modular home sales and services; farm and construction
equipment sales and services; and logging equipment sales and services.
SEDIMENT
Soils or other surficial materials transported by surface
water as a product of erosion.
SELF-SERVICE STORAGE FACILITY
A structure or structures containing separate, individual
and distinct private storage units or spaces of varying sizes. Typically,
the storage unit or spaces are leased or rented for varying periods
of time.
SENIOR-LIVING FACILITY
An assisted-living community or independent-living community
where the premises or building(s) provide congregate living arrangements
in which at least one person in each residential unit (sleeping facility)
meets the definition of "elderly" (age 55) and in which all other
occupants of each residential unit are adult persons.
SETBACK
The distance from the street line to that part of a structure
nearest the street line, measured at right angles thereto, not including
cornices, retaining walls, fences or uncovered porches of six or less
feet in projection.
SHED
A structure that is 200 square feet or less, with a door
no bigger than six feet. No automobiles can be stored in a shed.
[Added 12-10-2012 by L.L. No. 3-2012]
SIDE YARD
An open space extending from the front yard to the rear yard
between a principal building and the nearest side lot line, unoccupied
and unobstructed from the ground upward, except as specified elsewhere
in this chapter.
SIGN
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed, when used or located out of doors or outside or
upon the exterior of any building, including window display areas,
for display of an advertisement, announcement, notice, directional
matter or name, and includes sign frames, sign boards, roof signs,
painted wall signs, hanging signs, illuminated signs, pennants, projecting
signs or ground signs within view of the general public.
SINGLE-FAMILY DWELLING UNIT
A building containing one dwelling unit and that is not attached
to any other dwelling unit by any means and may be surrounded by open
space or yards.
SITE PLAN
A diagram drawn to scale showing the development plans for
a lot, as outlined in these regulations.
SKETCH PLAN
A sketch made on a topographic survey map, showing the proposed
site plan or subdivision in relation to existing conditions. A sketch
plan is intended for the initial review of a project prior to the
development of a formal submission.
SPECIAL USE
A use that requires and must comply with the standards of
a special use permit pursuant to this chapter.
STREET
A right-of-way for vehicular traffic, including a road, avenue,
lane, highway or other way.
STREET LINE
The limit of the street or highway right-of-way line. For
the purpose of this chapter, the street line shall be the highway
right-of-way line.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STRUCTURE
Any object constructed, installed or permanently placed on
land to facilitate land use and development or subdivision of land,
including but not limited to buildings, sheds, single-family dwellings,
fences, towers, mobile homes, signs, service station pumps, drive-in
or drive-through islands, with or without canopies, amusement park
rides, all aboveground tanks and any fixtures, additions and alterations
thereto, but excluding animal shelters less than 100 square feet and
children's tree houses and playhouses less than 100 square feet. (See
"building.")
SWIMMING POOL
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who or which shall lay out, for the purpose of sale, lease or development,
any subdivision or part thereof as defined herein either for himself
or others.
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets, for
the purpose of immediate or future sale, lease or building development.
Such division shall include resubdivision of plats already filed in
the office of the County Clerk if such plats are entirely or partially
undeveloped.
(1)
MINOR SUBDIVISIONAny subdivision containing not more than two lots each of at least the minimum size as permitted by this chapter, each fronting on an existing public street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties and not in conflict with any provision or portion of the Master Plan.
SUBDIVISION PLAT
The final map or drawing on which the subdivider's plan of
subdivision is presented to the Planning Board for approval and which,
if approved, will be submitted to the County Clerk for filing.
SUPERINTENDENT
The duly appointed Village Superintendent of Public Works
or other such authorized official.
TEMPORARY STRUCTURE
Any structure as defined hereinabove that will not be in
use for more than 120 days and that will be taken down or dismantled
on termination of the use.
TOWNHOUSE
A dwelling unit which is one of a series of units, having
a common party wall between each adjacent unit, each with a private
outside entrance, each with its own separate lot of record, and in
which no unit is located over another unit.
TRASH RECEPTACLE or TRASH TOTE
A portable/temporary trash container designed to be carried
or wheeled to the street by a person. Typically the receptacle is
less than 95 gallons in capacity. Does not include the term "dumpster."
VILLAGE PLAN or MASTER PLAN
A comprehensive plan for development of the Village prepared
by the Planning Board, pursuant to § 7-722 of the Village
Law, which indicates the general locations recommended for various
public works and reservations and for the general physical development
of the Village, and includes any part of such plan separately adopted
and any amendments to such plan or parts thereof.