As used in this chapter, the following terms shall
have the meanings indicated:
ABANDONMENT
The actual cessation of a nonconforming use, coupled with
the intent not to put the premises again to the same use. Where there
is a nonuser of a nonconforming use for a period of one year, the
use shall be deemed abandoned, unless there is proof offered of intent
not to abandon such nonconforming use. A nonuser for two years shall
constitute abandonment. The premises shall thereafter be put to a
conforming use only.
ACCESSORY USE, BUILDING OR STRUCTURE
A use, building or structure on the same lot with, and of
a nature customarily incidental and subordinate to, the principal
use, building or structure, not exceeding a total of 10% of the floor
area of such use, building or structure.
[Amended 3-15-2004 by L.L. No. 2-2004]
AGRICULTURE, FARMING, TRUCK GARDENING, NURSERY OR GREENHOUSE
Includes the cultivation and the sale of food products, flowers
or other usable growths of the field, farm or garden, tillage or husbandry,
and excludes dairying, raising of livestock, fowl, birds or fish as
a business.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
APARTMENT HOUSE or MULTIPLE DWELLING
A building of any kind which is used or intended to be used
or occupied as a residence by three or more families, as defined by
the Multiple Residence Law of the State of New York.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
BASEMENT
That portion of a building which is partly underground but
which has at least 50% of its interior height, measured from the floor
to ceiling at the front of the building, above the average finished
grade of the ground adjoining the building. Where the basement is
finished, the aforesaid height shall be measured from the finished
floor to the finished ceiling.
[Amended 3-15-2004 by L.L. No. 2-2004]
BEDROOM
A habitable space within a dwelling unit primarily used as
sleeping quarters in excess of 70 square feet other than a dining
room, bathroom, hallway, kitchen, recreation room, or cellar. No residential
space may be used as a bedroom unless such space conforms to this
definition.
[Amended 3-15-2004 by L.L. No. 2-2004]
BLOCK
A territory or street, sometimes called a "square block,"
which is commonly used to designate that section of a square block,
so-called, fronting on a street between two intersecting streets.
BUILDING or PREMISES
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels. "Building" or "premises" shall mean and apply to both
vacant and improved real property.
CELLAR
That portion of a building which is partly or wholly underground
but which has less than 50% of its interior height, measured from
floor to ceiling at its front or entrance, above the average finished
grade of the ground adjoining the building. Where the basement is
finished, the aforesaid height shall be measured from the finished
floor to the finished ceiling.
[Amended 3-15-2004 by L.L. No. 2-2004]
CHURCH
Place of worship; a building used for public worship and
other strictly religious uses in accordance with the discipline, rules
and usages of a religious corporation which owns, supports, and maintains
the same and of the ecclesiastical governing body, if any, to which
such corporation is subject.
[Added 3-15-2004 by L.L. No. 2-2004]
CLUB
An association of persons for social, fraternal, religious
or patriotic purposes, whose activities are confined to the members
and their guests and are not extended to the general public.
COMMERCIAL VEHICLE
Any vehicle described in New York State Vehicle and Traffic
Law § 401, Subdivision 7, (excepting historical motor vehicles)
or the regulations of the Commissioner of the Motor Vehicle Bureau,
including but not limited to buses, tractors, auto trucks and light
delivery cars, taxi cabs and livery vehicles, hearses, non-Village
ambulances, agricultural trucks, tow trucks, armored trucks, cabs
and chassis, glaziers' trucks, non-recreational pickup trucks, vans
or cargo vans (for the transportation of goods, wares and merchandise)
and any other vehicle which is designed, marked or signed, outfitted
or modified for use in business or commerce. Pick-up trucks are deemed
"recreational" if they are four wheeled and are used solely for transportation
of passengers and recreational items.
[Added 3-2-1998 by L.L. No. 1-1998]
COURT
An open unoccupied space bounded on two or more sides by
the exterior walls of a building or exterior walls and lot lines.
COURT, INNER
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior
walls of a building or by exterior walls and lot lines on which walls
are allowable, with one side or end open to a street, driveway, alley
or yard.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot and for the purpose of measuring the height
of any portion of a building is the mean level of the curb along the
street frontage. Where no "curb level" exists, the grade will be determined
by the Official Map of the Village.
DEPTH OF LOT
The mean distance from the street line of a lot to the rear
line, measured at right angles to the street line.
DWELLING
A building containing one or more dwelling units which is
designed, used or occupied for residential purposes.
[Amended 3-15-2004 by L.L. No. 2-2004]
DWELLING, ONE-FAMILY
A building designed for and occupied exclusively as a residence
for not more than one family, containing a single kitchen, in which
members of a family all live and cook together as a single housekeeping
unit. Such a building shall not contain separate or segregated internal
partitions or locked internal doors barring access between portions
of the dwelling, including bedrooms.
[Amended 3-15-2004 by L.L. No. 2-2004]
DWELLING, TWO-FAMILY
A building containing two dwelling units, designed for and
occupied exclusively as a residence of not more than two families,
containing one kitchen in each dwelling unit. Such a building shall
not contain separate or segregated internal partitions or locked internal
doors barring access between portions of the dwelling units, including
bedrooms.
[Amended 3-15-2004 by L.L. No. 2-2004]
DWELLING UNIT
A building, or entirely self-contained portion thereof, containing
complete housekeeping facilities, including not more than one cooking
facility, for only one family, and having no separate or segregated
internal partitions or locked internal doors barring access between
portions of the unit, including the bedrooms thereof, or having cooking
or sanitary facilities in common with any other dwelling unit. A hotel,
inn, boardinghouse, lodging house or rooming house, or nursing home
or other similar home shall not be deemed to contain or constitute
a dwelling unit.
[Amended 3-15-2004 by L.L. No. 2-2004]
EXISTING USE
The actual lawful use of the premises at the time this chapter
is adopted or at the time a permit has been issued, provided that
work has been actually done thereon or a valid contract has been made
for such work within the intent of the permit and before the amendment
of this chapter, insofar as it affects the use allowed under the permit
or the adoption of a new Zoning Ordinance.
FAMILY
A family consists of one or more persons, whether or not
related to each other by blood, marriage or adoption, all of whom
live and cohabit together as a single, stable and bona fide housekeeping
unit, provided that such persons together occupy and own, lease or
rent the whole of the building or dwelling unit (and, if such exists,
a separate accessory 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. Such
number of persons shall not be deemed to constitute a "family" if
any one of such persons may not have lawful access to all parts of
the principal building or separate buildings or dwelling unit or if
any one or more of such persons lease or rent any portion of such
principal building and/or separate accessory building or dwelling
unit from any other person.
[Amended 3-15-2004 by L.L. No. 2-2004]
FRONTAGE
That part of a building or land which fronts on or is bounded
by a public street or place.
GARAGE, PRIVATE
A garage used for storage purposes only of vehicles and having
a capacity of not more than three automobiles in one- or two-family
dwellings, or not more than one automobile per family housed in the
building to which such garage is accessory, whichever is greater.
Space therein may be used for not more than one commercial vehicle,
and space may be rented for not more than two vehicles of others than
occupants of the building to which such garage is accessory.
GARAGE, PUBLIC
Any garage, other than a private garage available to the
public, operated for gain, which is used for storage, rental, greasing,
washing, servicing or adjusting of automobiles or other motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by the Village authorities.
GROSS FLOOR AREA
The area included within surrounding walls of a building,
or portion thereof, exclusive of vent shafts and courts and stairwells,
but including all floors.
HEIGHT OF BUILDING or BUILDING HEIGHT
The vertical distance measured, in the case of flat roofs,
from the curb level to the highest point of the roof beams adjacent
to the street wall and, in the case of pitched roofs, from the curb
level to 1/2 the vertical gable slope as measured from the top plate
of the structure. Where no roof beams exist or there are structures
partly above the roof, the height shall be measured from the curb
level to the highest point of the building.
[Amended 10-16-1995 by L.L. No. 13-1995; 8-14-2006 by L.L. No. 7-2006]
HOME BUSINESS
An accessory use to a dwelling for a properly certified physician, psychologist, physical, occupational, or speech therapist, chiropractor, licensed social worker, dentist, lawyer, engineer, architect, accountant, teacher or other similar professional person, operated solely by a resident of the dwelling and which may have up to one nonresident employee unless it involves medical care where the Village Board finds that two such employees are necessary. A home business requires a special use permit pursuant to §
252-121.
[Added 2-4-2002 by L.L. No. 1-2002]
HOME OFFICE
An accessory use to a dwelling which consists of a clerical,
computer-related or other similar business activity operated within
a dwelling solely by a resident of the dwelling, where no nonresident
of the dwelling shall be employed and which generates no business
related visits by nonresidents of the dwelling.
[Added 2-4-2002 by L.L. No. 1-2002]
HOTEL
[Repealed 10-26-1992 by L.L. No. 11-1992]
INDUSTRIES
That branch of trade employing capital and labor in a business
for moneymaking as distinguished from a profession.
LAUNDERETTE
An establishment where the public may wash and/or iron their
clothes or textiles by hand or machine of home-automatic type furnished
by the establishment and operated for gain.
LAUNDRY, PUBLIC
A building where laundry work is performed for the public
by employees of the establishment for the purpose of gain and in which
the washing and ironing of clothes and other textiles is accomplished
by hand or machine, or by both.
LENGTH OF AN OUTER COURT
Is measured at right angles to the street line from the end
opposite the end opening on a street or rear yard to the street line.
LIGHT MANUFACTURING
The manufacture of articles or the assembling of finished
or unfinished manufactured parts by hand or machine, or both, as distinguished
from heavy industry. Each machine used may have a motor of not more
than five horsepower, except that a motor of greater horsepower may
be used for air-conditioning and blower purposes, and where the noise
caused by the operation of the machinery and odors are properly controlled
within the walls of the building wherein such manufacturing or assembling
is carried on. Repairing is intended to be included within the meaning
of light manufacturing, except that the repairing of shoes, leather
goods and wearing apparel shall not come within the definition of
"light manufacturing."
LINE, STREET
The dividing line between a public or private street and
a lot.
LOCATED
A particular place or spot, to designate the place, lot or
plot.
LODGING HOUSE
See "boardinghouse."
[Added 3-15-2004 by L.L. No. 2-2004]
LOT
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building that is united by a common
interest or use, and the customary accessories and open spaces belonging
to the same.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
LOT LINES
Any line dividing one lot from another.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
MAKE AND MANUFACTURE
Are synonymous and mean work upon raw materials or upon finished
or unfinished parts into a finished product; the assembling of parts
into a finished product.
MINOR REPAIRS TO MOTOR VEHICLES
The following: To fix and repair tires; to install or repair
distributor points; to clean, adjust and reinstall spark plugs; to
renew and install new ignition wiring; to replace hose connections,
whether connected with windshield wipers or circulation system; to
repair or replace gasoline strainer or oil filter; to adjust brakes;
to renew and replace all headlights, other light bulbs, the accessories
thereto, and switches; to repair or replace fuel pump; to repair or
replace coil; to renew, recharge and replace battery; to repair ammeter,
and such other removal, replacement and adjustment and repairs similar
in nature or character to the above. All other work on motor vehicles
not included in this subsection will be regarded and deemed to be
major repairs.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
NONCONFORMING USE
A structure or land lawfully occupied for a use that does
not conform to the regulations of the district in which the premises
are situated.
OPEN SPACE
An unoccupied space open to the sky upon the same lot with
the building.
PARKING FIELD
Ground or land upon which motor vehicles are transiently
placed, and does not include the grounds of a private house, hotel,
residential hotel, apartment or multiple dwelling or garden-type apartment.
PARKING SPACE
The area required for parking one automobile, which in this
chapter is held to be an area eight feet wide and 20 feet long, exclusive
of passageways for ingress and egress.
PARTY VENUE
Any establishment whose primary purpose is to rent its inside
or outside space for the hosting of parties, weddings, conferences,
galas and other similar events. For clarity this definition does not
include a restaurant or public house serving the public, a firehouse
or a fraternal organization lodge.
[Added 5-20-2024 by L.L. No. 2-2024]
PLOT
A map, plan or layout of the Village, section or subdivision
indicating the location of the boundaries of individual properties.
PORCH
What is generally known and designated as a porch, veranda,
gallery, terrace, piazza, portico or a substantially similar common
projection from the main or street wall of a building and not more
than one story in height, without excavation below same.
REPAIRS
To restore to a sound state; to mend.
ROOF
The top or upper covering of a building or structure.
ROOF, FLAT
Of any building, a roof having a pitch of not more than six
inches.
ROOF, PITCHED
Of any building, a roof having a pitch of more than six inches
in a foot.
ROOMING HOUSE
See "boardinghouse."
[Amended 3-15-2004 by L.L. No. 2-2004]
SANITARIUM
A health retreat for the care of invalids, or an institution
for the treatment of diseases.
SCHOOL
An institution consisting of a teacher or teachers regularly
licensed as such to teach in public schools, and pupils, irrespective
of age, gathered for instruction, exclusive of colleges or universities.
SIGN
Any movable board or contrivance upon which an advertisement
appears. This shall not include the use of the name or emblem upon
the building, nor shall it include usual board notices in or about
church property.
STAND or VENDOR'S STAND
A place in the open where articles are displayed for the
purpose of sale or promotion of sales or of samples of merchandise
to be sold, whether contained upon boxes, crates or a framework of
temporary or permanent character. Such display in a store or building
within 10 feet of an open show window facing the street is hereby
defined also as a stand or vendor's stand.
STORAGE
A degree of permanent use as distinguished from transient
use.
STORE
A building or structure having a rear wall, side walls, store
front, with open or closed show window or windows, a roof, floor and
water connection, in which food or merchandise is kept or stored or
offered for sale, either at wholesale or retail, and which building
or structure complies with the provisions of the Building Code of this Village.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next to it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property.
STRUCTURE
A combination of materials, other than a building, to form
a construction that is safe and stable and includes, among other things,
stadiums, platforms, radio towers, sheds, storage bins, fences and
display signs.
TRANSIENT DWELLING UNIT
An entire dwelling unit, its surrounding property, structures
and accessory buildings, or a room or group of rooms within a dwelling
unit made available to rent, lease or otherwise assigned for an occupancy
or use of less than 30 consecutive days to one or more persons who
are not the owner, or a family member of an owner, of such dwelling
unit. The term "transient dwelling unit" shall not include any lawfully
permitted dormitories, any lawfully permitted hotel or motel rooms,
bed-and-breakfast inns, boardinghouses, rooming houses or lodging
houses, or business establishments operating exclusively for and catering
to transient clientele (that is, persons who customarily reside at
these establishments for short durations for the purpose of vacationing,
travel, business, recreational activities, conventions, emergencies
and other activities that are customary to a commercial hotel/motel
business), or any lawfully operating medical, health care, nursing
home, assisted living or other similar facility.
[Added 4-24-2023 by L.L. No. 2-2023]
(1)
There shall be a presumption that a property or dwelling unit
is a transient dwelling unit if the property or dwelling unit is advertised
or offered in any medium, including Airbnb, Home Away, VRBO, Swimply
or similar short-term rental website, as being available for occupancy
for a period of less than 30 days.
(2)
The foregoing presumption may be rebutted by documentary or
other evidence presented and satisfactory to the Superintendent of
Buildings that the property or dwelling unit is not a transient dwelling
unit. In all such cases, the burden of proof to establish that a property
or dwelling unit is not a transient dwelling unit shall be upon the
owner or occupant of the property. Any person aggrieved by a determination
of the Superintendent of Buildings in this regard may appeal such
determination to the Board of Zoning Appeals.
(3)
For the purposes of defining a "transient dwelling unit," the
term "owner" shall mean and include any individual or individuals,
partnership, company or corporation or other organization in possession
of and having a fee or life estate interest in the real property where
a dwelling unit is located. The term "owner" also shall include a
corporation, limited-liability company, partnership, association,
trustee, or other business entity or nonbusiness form of ownership.
WALL, FRONT
The main wall of a building fronting on the street, excluding
a porch, front bay window, vestibules and chimneys.
YARD DEPTH, REAR
The mean distance between the rear wall of the building and
the rear line of a lot measured at right angles to the rear lot line.
YARD, FRONT
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
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 as part of the
main building and shall not project into a required "front yard."
YARD, REAR
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot, or a center space between the rear of the main
building and the garages, if any, on the side or rear lines of the
lot. If there is an alley, then the "rear yard" of the lot shall be
measured between the rear line of the lot or the center line of the
alley and the rear line of the building. All garages placed on the
lot shall be four feet from the side lines and rear lines of the lot.
YARD, SIDE
An open unoccupied space on the same lot between the building
and side lot line and extending through from the front building line
to the rear yard and, where no rear yard is required, to the rear
line of the lot. A court on the lot line is also defined as a "side
yard."
YARD WIDTH, SIDE
The mean distance between the main side wall of a building
and lot line measured at right angles to the lot line. No accessory
part of the building shall encroach upon the side yard.