The following words or phrases as used in this chapter
are defined as follows:
ACCESSORY APARTMENT
A second dwelling unit either in an existing single-family
detached dwelling, or in a separate accessory structure on the same
lot as the main dwelling, for use as a complete, independent living
facility within the accessory apartment for cooking, eating, sanitation,
and sleeping.
[Added 9-10-2003 by L.L. No. 4-2003]
ACCESSORY BUILDING; ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal
building on the same lot, the use of which is customarily incidental
to that of the principal building or use.
[Amended 8-28-2013 by L.L. No. 3-2013]
ACCESSORY USE
A use, not otherwise contrary to the provisions of this chapter,
that is customarily incidental and subordinate to the principal use
and located on the same lot therewith, and which does not dominate
in area, extent, or purpose the principal, lawful use of said lot.
[Amended 6-25-2003 by L.L. No. 3-2003; 8-28-2013 by L.L. No.
3-2013]
BED-AND-BREAKFAST INN
A commercial enterprise as part of a private residence which
provides short-time (no more than one week) lodging and breakfast
to overnight guests for a fee. Sleeping rooms shall have no provision
for cooking. Such use is to be secondary to the occupancy of a private
residence by the owner thereof.
BELOW-REGULATORY CONCERN
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
[Added 8-28-2013 by L.L. No. 3-2013]
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels, but not including a mobile home.
CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT
A business whose primary purpose is the retail sale of adult-use
cannabis for on-site consumption in accordance with the license granted
by the New York State Office of Cannabis Management.
[Added 7-12-2023 by L.L. No. 5-2023]
CANNABIS RETAIL DISPENSARY
A business whose primary purpose is the retail sale of adult-use
cannabis in accordance with the license granted by the New York State
Office of Cannabis Management.
[Added 7-12-2023 by L.L. No. 5-2023]
CLUB
An organization catering exclusively to members and their
guests, or premises and buildings for recreational, social, or athletic
purposes, which are not conducted primarily for gain, provided there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
COMMERCIAL or BUSINESS
The purchase, sale or transaction involving the disposition
of any article, substance, commodity or service, the maintenance or
conduct of offices, professions or recreational or amusement enterprises
conducted for profit and the renting of rooms, business offices and
sales display rooms and premises. In no event shall "commercial" or
"business" (or either of them) be construed to mean, be, or include
natural gas and/or petroleum exploration activities, natural gas and/or
petroleum extraction activities, or any other explicitly prohibited
use.
[Amended 8-28-2013 by L.L. No. 3-2013]
COMMERCIAL VEHICLE
Every type of vehicle designed and/or used for the commercial
transportation of goods, equipment or merchandise, including buses,
but not including passenger-type automobiles.
CONDOMINIUMS
Living units as defined by Article 9-B of the Real Property
Law entitled "Condominium Act" as the same may be amended from time
to time. All definitions in said Condominium Act are incorporated
herein by reference. They are a form of ownership of multiple housing
units which may be built in residential districts.
COVERAGE
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
DEMOLITION
The removal of any structure or part thereof by any means
other than acts of nature.
DISTRIBUTION CENTER
Building used for the transfer of a load from one vehicle
to another, but not for permanent or long-term storage. In no event
shall "distribution center" be construed to mean, be, or include natural
gas and/or petroleum exploration activities, natural gas and/or petroleum
extraction activities, or any other explicitly prohibited use.
[Amended 8-28-2013 by L.L. No. 3-2013]
DWELLING
A building containing not more than two dwelling units occupied
exclusively for residential uses.
(4)
DWELLING, SEMIDETACHEDTwo single-family dwelling units attached side to side, each situated on a separate subdivision lot capable of individual sale and each sharing only one common wall with the other and having yards on the remaining three sides.
DWELLING, MULTIPLE
A building containing three or more dwelling units.
(1)
A building containing living, sanitary and sleeping
facilities and sleeping facilities occupied by one or two families
and more than four lodgers residing with either one of such families.
(2)
A building with one or more sleeping rooms,
other than a one- or two-family dwelling, used and occupied by permanent
or transient paying guests or tenants.
(3)
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory, fraternity
or sorority house, or for similar uses.
(4)
A building used or occupied as an old-age home.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
FAMILY
One or more persons who live together in one dwelling unit
and maintain a common household.
FLOOR SPACE
The sum of the gross horizontal areas of the several floors
of a building or structure, measured from the exterior faces of the
exterior walls.
GRADE LEVEL
The level where the finished grade of the ground intersects
the foundation wall.
GRAVEL MINING
[Added 8-28-2013 by L.L. No. 3-2013]
(1)
Any of the following activities:
(a)
The extraction of overburden and minerals from the earth;
(b)
The preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at
the mine location so as to make them suitable for commercial, industrial,
or construction use (exclusive of any manufacturing processes at the
mine location);
(c)
The removal of such materials through sale or exchange, or for
commercial, industrial or municipal use;
(d)
The disposition of overburden, tailings and waste at the mine
location; or
(e)
Any combination of the above activities.
(2)
In no event shall "gravel mining" be construed to mean, be,
or include natural gas and/or petroleum exploration activities, natural
gas and/or petroleum extraction activities, or any other explicitly
prohibited use, nor shall gravel mining include the excavation, removal
or disposition of minerals from the site of, and incidental to, a
construction project as to which all required permits are in force
and, or excavations incidental to bona fide agricultural use activities.
(3)
For the purpose of this definition:
(a)
MINERALSAny naturally formed, usually inorganic, solid material located on or below the surface of the earth. Minerals include, but are not limited to, peat, topsoil, gravel, and stone. For purposes hereof, natural gas and other subsurface hydrocarbons shall not be considered minerals.
(b)
OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
(c)
SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior faces of exterior walls.
It does not include attics, cellars, basements, garages or porches.
[Amended 11-8-2023 by L.L. No. 8-2023]
HARDSCAPE
The sum of paved or compacted driveway and parking areas,
sidewalks, patios and any other structures which are not lawn or landscaping.
[Added 11-8-2023 by L.L. No. 8-2023]
HEIGHT
The elevation above grade level.
HEIGHT, MAXIMUM
The elevation of the highest point of the structure above
grade level excluding such structures as flagpoles, church steeples,
chimneys or other noncombustible objects.
INDUSTRIAL or INDUSTRY or INDUSTRIAL USES
Storage, manufacture, preparation, assembly, processing,
or repair of any article, substance or commodity, and the conduct
of any industrial trade, but not including such preparation, assembly,
processing, or repair as is customarily done on-site at retail sales
or service establishments. Notwithstanding any provision hereof to
the contrary, in no event shall the terms "industrial," "industry,"
"industrial uses," or any variation thereof, be construed to mean,
be, or include natural gas and/or petroleum extraction activities,
natural gas and/or petroleum exploration, extraction or production
wastes disposal/storage facility, natural gas and/or petroleum exploration,
extraction or production wastes dump, a natural gas compression facility,
a natural gas processing facility, or any other explicitly prohibited
uses.
[Amended 8-28-2013 by L.L. No. 3-2013]
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
[Added 8-28-2013 by L.L. No. 3-2013]
LAND APPLICATION FACILITY
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer(s) of the soil.
[Added 8-28-2013 by L.L. No. 3-2013]
LODGING HOUSE
Any structure wherein three or more rooms are occupied for
hire.
LOT
Any parcel of land, not necessarily coincident with a lot
or lots shown on a plat, which is occupied or which is to be occupied
by a building and its accessory buildings, if any, together with the
required open spaces appurtenant to such building or buildings.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE, FRONT
Where a lot abuts only upon one street, the lot line along
such street shall be the front lot line. Where a lot abuts upon more
than one street, the narrowest frontage shall be the front lot line.
LOT LINE, REAR
Any lot line which is opposite and more or less parallel
with the front lot line. In the case of a lot which comes to a point
at rear, the rear lot line shall be an imaginary line, ten feet in
length, entirely within the lot, parallel to and most distant from
the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line.
LOT WIDTH
The shortest horizontal distance across the lot between the
point of intersection of a side lot line with the minimum front setback
line and the opposite side lot line.
MATERIAL ALTERATION
Any change in an existing structure either by alteration
or addition which changes the outside lines of the structure or the
current approved uses.
MOBILE HOME
A house trailer, or any other moveable dwelling originally
designed, built or constructed to be towed or conveyed, on its own
chassis, whether the same is situated or located upon wheels, jacks,
foundations (temporary or permanent), slabs or otherwise and/or whether
or not added to or made a part of another building or structure.
MOVING
Removal of any structure or part thereof from one location
to another.
NATURAL GAS
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
[Added 8-28-2013 by L.L. No. 3-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
[Added 8-28-2013 by L.L. No. 3-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION
WASTES
[Added 8-28-2013 by L.L. No. 3-2013]
(1)
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from any
statutory or regulatory definition(s) of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste:
(a)
Below-regulatory concern radioactive material, or any radioactive
material which is not below-regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Town, whether naturally occurring or otherwise,
and in any case relating to, arising in connection with, or produced
by or incidental to the exploration for, the extraction or production
of, or the processing, treatment, or transportation of, natural gas,
petroleum, or any related hydrocarbons;
(b)
Natural gas or petroleum drilling fluids;
(c)
Natural gas or petroleum exploration, drilling, production or
processing wastes;
(d)
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
(e)
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
(f)
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
(g)
Drill cuttings from natural gas or petroleum wells; or
(h)
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
(2)
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b). The definition of "natural gas and/or
petroleum extraction, exploration or production wastes" does not include
recognizable and nonrecognizable food wastes, or waste generated by
farm use.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION
WASTES DUMP
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
[Added 8-28-2013 by L.L. No. 3-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
[Added 8-28-2013 by L.L. No. 3-2013]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
Any one of more of the following:
[Added 8-28-2013 by L.L. No. 3-2013]
(1)
Natural gas compression facility;
(2)
Natural gas processing facility;
(3)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(4)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(5)
Land application facility;
(6)
Underground injection; or
(7)
Underground natural gas storage.
NATURAL GAS COMPRESSION FACILITY
A facility constructed or operated to compress natural gas
that originates from a gas well or collection of such wells, operating
as a midstream facility for delivery of gas from a gas field for entry
into the transmission pipeline system; the term shall not include
the transmission pipeline itself; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
[Added 8-28-2013 by L.L. No. 3-2013]
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
[Added 8-28-2013 by L.L. No. 3-2013]
NONCONFORMING USE
Any use or prospective use of a property which does not conform
with the provisions of this chapter for the district in which it is
or is to be located.
OPEN SPACE
An area unoccupied by any building, structure or parking
area, whether paved or unpaved.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, limited liability company,
limited liability partnership, firm, trust, estate, and any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
[Added 8-28-2013 by L.L. No. 3-2013]
PUBLIC UTILITY
An entity which operates as a monopoly, and whose rates charged
to customers are established by a utility commission. A public utility
facility is a facility which is operated by a public utility, and
which provides electric, gas, steam, CATV, telephone or other communication
service, water or sewerage directly to the general public. In no event
shall "public utility" or "public utility facility" be construed to
mean, be, or include a natural gas compression facility or natural
gas processing facility or any other explicitly prohibited use.
[Added 8-28-2013 by L.L. No. 3-2013]
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
[Added 8-28-2013 by L.L. No. 3-2013]
RADIOACTIVE MATERIAL
Material in any form that emits radiation. This definition
specifically includes NORM (naturally occurring radiation), but only
if such naturally occurring material has been moved from its naturally
occurring location through an industrial process. All such material
is radioactive material for purposes hereof, whether or not it is
otherwise exempt from licensing and regulatory control pursuant to
the New York State Department of Labor, the United States Nuclear
Regulatory Commission, the United States Environmental Protection
Agency, the United States Department of Energy, the United States
Department of Transportation, or any other regulatory agency.
[Added 8-28-2013 by L.L. No. 3-2013]
SETBACK, FRONT
The shortest distance between the center line of the highway
right-of-way and the nearest point of the front of the main or accessory
structure, but not including cornices or entrance steps on the front
of the main or accessory structure.
SETBACK, REAR
The shortest distance measured perpendicularly from the rear
lot line to the nearest part of the main or accessory structure on
the premises.
SETBACK, SIDE
The shortest distance measured perpendicularly from the side
lot line to the nearest part of the main or accessory structure on
the premises.
STORY, HEIGHT OF
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the vertical distance from the top surface of the floor to
the ceiling next above.
STRUCTURE
A building or anything constructed, erected or placed, above
or below ground, including telecommunications towers and/or accessory
facilities which require temporary or permanent location on or support
of the soil, or which is attached to any structure, but not including
mobile homes, walks, driveways, or plant life.
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No.
1-1998]
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may require.
[Added 8-28-2013 by L.L. No. 3-2013]
SWIMMING POOL
Any body of water, at least two feet deep and 12 feet in
either diameter, length or width, created by excavation, construction
or erection and used primarily for swimming.
TOWNHOUSE DWELLING UNIT
A dwelling unit which is part of a townhouse cluster designed
or used as living quarters for one family only.
TOWNHOUSE or ROWHOUSE CLUSTER
A group of not less than two dwelling units attached to each
other by at least one common separation (wall or ceiling/floor). The
terms "townhouse cluster" and "rowhouse cluster" shall have the same
meaning and may be used interchangeably when used in the language
of this chapter.
TOWNHOUSE OR ROWHOUSE DEVELOPMENT
Two or more townhouse clusters with streets, parking areas,
sidewalks, common area and open spaces, which may include recreational
and social facilities intended principally for the use of the residents
of the development, whether managed as a single and common operating
unit or in cooperative form or, if the dwelling units are sold and
conveyed in fee, managed by or through a homeowner association, trust
or other appropriate arrangement for the maintenance and conservation
of the streets, parking areas, sidewalks, common areas, open spaces
and facilities.
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes, including emplacement by or into
an injection well.
[Added 8-28-2013 by L.L. No. 3-2013]
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
[Added 8-28-2013 by L.L. No. 3-2013]
USE
The purpose for which any structure or part thereof and the
premises or any part thereof is occupied or intended to be occupied,
or if either is unoccupied, the purpose for which they may be occupied.
VARIANCE
An area variance or a use variance, as the context may admit.
[Added 8-28-2013 by L.L. No. 3-2013]
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner that is not otherwise allowed by the dimensional
or physical requirements of the applicable zoning regulations.
[Added 8-28-2013 by L.L. No. 3-2013]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose that is otherwise not otherwise allowed
or is prohibited by the applicable zoning regulations.
[Added 8-28-2013 by L.L. No. 3-2013]