Certain words and terms used in this chapter
are defined, for the purposes hereof, as follows:
ACCESS
Any path or opening for pedestrians, vehicles, or other forms
of transport to leave or enter a property or lot from a public highway
or private road.
ACCESSORY BUILDING OR STRUCTURE
A detached subordinate building or structure, the use of
which is customarily incidental to that of a principal building or
structure, which is located on the same lot with such principal building
or structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building or on an adjacent lot, if in the same ownership and a
part of the same establishment and contributing to the comfort, convenience
or necessity of occupants of the principal building or principal use.
ADULT DAY CARE
A licensed facility for aged, infirmed or disabled adults,
which is operated during a part of the day only and which provides
supplementary care and protection of individuals who reside elsewhere.
[Added 9-6-2012 by L.L.
No. 3-2012]
ADULT USE
A.
Any business enterprise or adult entertainment
establishment having a substantial or significant part of its operations
depicting or relating to "specified sexual activity" or "specified
anatomical area" (as defined below) for observation by patrons therein.
(1)
Specified sexual activity:
(a)
Human genitals in a state of sexual stimulation
or arousal.
(b)
Acts of human masturbation, sexual intercourse
or sodomy.
(c)
Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breast.
(2)
Specified anatomical area:
(a)
Less than completely and opaquely covered human
genitals, pubic region, buttocks or female breast below a point immediately
above the top of the areola.
(b)
Human male genitals in a discernibly turgid
state, whether or not covered.
B.
A substantial or significant portion of its
operations shall be determined to exist if more than 20% of its gross
sales receipts comprise items described in A or B hereof or more than
20% of the net square footage of the establishment is dedicated to
the display or advertising items described in A or B hereof or if
more than 100 square feet of net floor is dedicated to the display
or advertising of items described in A or B hereof.
AGRICULTURAL STRUCTURE
Any barn, stable, shed, silo, garage, farm housing, farmstand
less than 500 square feet, observation tower or other structure directly
and customarily associated with agriculture or forest management activities
and used in connection with an agricultural use.
[Amended 7-13-2010 by L.L. No. 1-2010]
AGRICULTURAL USE
The management of land for agriculture such as the raising
of cattle, horses, pigs, poultry and other livestock, aquaculture,
horticulture or orchards including the processing, conversion and
sale of products grown or raised directly on such land, the operation
of feedlots, and the construction, alteration or maintenance of fences,
agricultural roads, agricultural drainage systems and farm ponds.
[Amended 5-12-2009 by L.L. No. 1-2009]
AIRSTRIP
A place where aircraft can land and take off and which may
be equipped with hangars, facilities for refueling and repair, and
accommodations for passengers.
ALTERATION OF A STRUCTURE OR BUILDING
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; an enlargement,
whether by extending on a side or by increasing height; or the moving
from one location or position to another, excluding normal maintenance
or repairs.
APPLICANT
The person(s), corporation, agency, or other legal entity
responsible for submitting an application for review.
AUCTION FACILITY
Any building or lot, or part of a building or lot, primarily
used for the public sale of goods, wares, merchandise or livestock
to the highest bidder.
[Added 7-13-2010 by L.L. No. 1-2010]
AUTOMOBILE SALES AND REPAIR
The use of land or buildings primarily for the display and
sale of new or used motor vehicles and which may include repair or
service facilities.
BANK
An institution which deals in money and credit and in which
money and/or other valuables may be deposited for safekeeping.
BAR
An establishment devoted primarily to the sale of alcoholic
beverages for consumption on the premises; it may serve food as an
incidental use. The definition includes the terms "tavern" and "saloon."
BASEMENT
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
BED-AND-BREAKFAST
A residential lodging facility in an owner-occupied dwelling,
offering from one to five bedrooms without kitchen facilities and
housing transient guests for a daily fee. The facility may provide
breakfast.
BOAT AND MACHINERY SALES AND REPAIR
The use of land or buildings primarily for the display and
sale of new or used farm machinery and/or boats, which may include
repair or service facilities.
BUFFER AREA
An undeveloped part of a property or an entire property specifically
reserved to separate and thus minimize the effects of a land use activity
(e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
BUILDING
Any structure wholly or partially enclosed within exterior
walls and columns or within exterior and shared walls and a roof,
affording shelter or enclosure of persons, animals or property. When
such a structure is divided into separate parts by one or more fire
walls extending from the ground up, each part is deemed a separate
building except as regards minimum side yard requirements.
BUILDING CODE
The current Uniform Fire Prevention and Building Code of
the State of New York.
BUILDING FACADE
That portion of a building which faces the street. For buildings
that face more than one street, each side facing a street is considered
a facade.
[Added 9-6-2012 by L.L.
No. 3-2012]
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to the highest point of the roof,
but not including chimneys, spires, cupolas, ventilators, cooling
towers, mechanical equipment, water silos, steeples and radio antennas,
and tanks and permitted within this chapter.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other façade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 12-28-2016 by L.L.
No. 1-2017]
BUILDING LINE
The line of that face of the building nearest the front line
of the lot. This face shall include bay windows, covered porches,
whether enclosed or unenclosed, or any projections thereof which are
over 50 square feet in area.
BUSINESS INCUBATOR
A building in which multiple offices are located and in which
services and facilities may be shared.
CAMPGROUND
A plot of ground upon which two or more campsites or seasonal
rental cabins are located and maintained for occupancy by tents, camper
trailers or other recreational vehicles as temporary living quarters
for recreational, educational or vacation purposes. The term "campground"
includes the terms "day camp," "group camp," and "travel trailer camp."
CAMPSITE
Includes camps, campgrounds, day camps, group camps, travel
trailer camps and seasonal rental cabins as defined herein.
CELLAR
That space of a building that is partially or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
CEMETERY
Property used for internment of the dead.
CHILD DAY-CARE CENTER
A place other than an occupied residence providing or designed
to provide day care for more than six children at a time.
CHILD DAY CARE, EXEMPT
Daytime care or instruction of two or fewer individuals away
from their own homes for more than three but less than 24 hours per
day on a regular basis by an individual, association, corporation,
institution or agency, whether or not for compensation or reward.
CHILD DAY CARE, FAMILY
An owner-occupied residence providing or designed to provide
day care for at least three but not more than six children at a time
and which may allow an additional two school-age children.
CHILD DAY CARE, GROUP
An owner-occupied residence providing or designed to provide
day care for seven to 12 children at a time and which may allow up
to two additional school-age children.
CHILD DAY CARE, SMALL
A place other than occupied residence providing or designed
to provide day care for up to six children.
CLUSTER DEVELOPMENT
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas without exceeding the overall maximum density permitted
by this chapter.
CODE ENFORCEMENT OFFICER
The officer, official, or his/her designee charged by the
Greenwich Town Board with the enforcement of this chapter.
CO-LOCATION
Locating two or more cellular antennas or related equipment
on the same telecommunications tower. The term “co-location”
includes locating ground equipment within the footprint of an approved
site plan in accordance with all setback and other requirements.
[Added 12-28-2016 by L.L. No. 1-2017]
COMPOSTING
The controlled biologic breakdown of organic matter under
aerobic conditions.
[Added 5-12-2009 by L.L. No. 1-2009]
COMPOSTING FACILITY
A facility for the biological stabilization of waste organic
material including manure of any agricultural variety, bedding material,
waste silage, produce and flora. This does not include animal composting.
[Added 5-12-2009 by L.L. No. 1-2009]
COMPREHENSIVE LAND USE PLAN
The long-range plan of the Town of Greenwich intended to
guide growth and development of the Town, on the course of its housing,
public utilities, community facilities, transportation and land use
distribution and intensity.
CONSTRUCTION TRAILER
Any trailer used as an office and/or for storage in connection
with and for the duration of a construction project on the lot where
the construction trailer is located.
[Added 9-6-2012 by L.L.
No. 3-2012]
CONTRACTORS YARD
A lot or portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor.
CONVENIENCE STORE
A retail store contained on one floor with a total floor
area of less than 5,000 square feet intended to provide a variety
of small goods needed immediately and often by consumers, including
newspapers, ready-made food items and candy and which may include
gasoline, automobile parts or apparel.
CREMATORIUM
A place where human or animal remains are cremated.
CULTURAL BUILDING OR USE
An establishment or place that documents social, religious,
intellectual and artistic or other achievements or natural phenomena
and which may include space for displays and performances.
DRIVE-IN THEATER
An open lot devoted to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons mainly
seated in their automobiles. A drive-in theater may include a refreshment
stand as an accessory use.
DRIVE-THROUGH
A facility allowing customers to place orders and be serviced
by an establishment directly from their car.
DWELLING UNIT
Any stationary building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons,
including modular, panelized or sectional housing, but not including
hotels, boardinghouses and bed-and-breakfasts.
EDUCATIONAL BUILDINGS AND USES
Facilities and accessory grounds and structures that provide
a curriculum of nursery, elementary, secondary academic and/or postsecondary
instruction, including public or private nursery schools, kindergartens,
elementary schools, high schools, trade schools or other types of
training facilities. Housing for students, faculty and staff is an
allowed component of an educational use.
FAMILY
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
FARMSTAND
A structure and/or area in excess of 500 square feet for
the display and sale of farm products primarily grown on the property
upon which the stand is located.
FARM WORKER HOUSING
Dwelling units located on an active farm which are accessory
to the agricultural use and are occupied by employees of the farm
or members of the farm household and their guests. Farm worker housing
may consist of single or multifamily dwellings or buildings, including
single or double-wide trailers and mobile homes, and/or apartments.
Farm worker housing shall be located on the same parcel as the agricultural
use and may not be subdivided from the agricultural use. Farm worker
housing may not be rented to persons not primarily employed on the
farm on which it is located.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the establishment or off the premises.
A fast-food restaurant may include a drive-through.
FLOOD HAZARD AREA
Land subject to a one-percent or greater chance of flooding
in any given year, also referred to as the "one-hundred-year floodplain,"
as determined by the Federal Emergency Management Agency.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
the designated height as determined by the Federal Emergency Management
Agency.
FORESTRY USE
Any management, including logging of a forest, woodland or
plantation and related research and education, including the construction
and maintenance of forestry use structures, wood roads, skidways,
landings, fences and drainage systems.
FORESTRY USE STRUCTURE
Any barn, shed, garage, research, educational or administrative
building or cabin directly and customarily associated with forestry
use.
FRONTAGE
That side of a lot abutting a Town road or a road meeting
Town road standards, ordinarily regarded as the front of the lot.
For the purposes of determining yard requirements on corner lots,
all sides of a lot adjacent to a road shall be considered frontage.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
GAME FARM
A place where the hunting of game is made available to the
public in exchange for compensation.
GAS STATION
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where automotive
repairs may be made and automobiles may be washed. This definition
includes the repair, painting, cleaning and detailing of automobile
bodies.
GRADING
The leveling of land for site development purposes, including
the construction of roads, building construction, drainage areas and
parking.
GROCERY STORE
An establishment where food and related items are sold and
which may include a pharmacy and services such as banking. The definition
includes the term "supermarket."
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
[Added 12-28-2016 by L.L.
No. 1-2017]
HOME OCCUPATION TYPE 1
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
and does not change the character thereof and does not involve the
employment of more than one full-time equivalent person who does not
reside in the residence. Additional persons may be employed off-premises.
HOME OCCUPATION TYPE 2
A profession or trade conducted entirely within a dwelling
and/or an accessory structure and carried on by the inhabitants thereof,
which use is clearly incidental and secondary to the use of the residence
for residential purposes and does not change the character thereof.
A Type 2 home occupation may employ up to three full-time equivalent
persons on the premises. Additional persons may be employed off-premises.
The sale of stock-in-trade or the entertainment of clients may be
allowed. A special use permit is required for a Type 2 home occupation.
HORSE FARM
The building and land on which horses are kept for the commercial
uses of breeding, selling, raising, rehabilitating, training and retirement.
A horse farm may not engage in holding competitive events or giving
instruction in riding, driving or other equine sports. Horses may
not be hired out.
HORSE-RIDING STABLE
A commercial establishment where horses may be trained for
riding, driving, jumping, dressage, rodeo and other equine sports.
Riding lessons may be given, horses may be bought and sold, and owners
may board their horses in order to utilize the facilities. Learning
clinics and competitive events may be held.
HOSPITAL
An institution providing health services primarily for inpatients
and medical or surgical care of the sick or injured, including, as
an integral part of the institution, such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices. The definition includes medical buildings, clinics
and uses.
HOUSE, MULTIFAMILY
A building designed for occupancy by three or more families,
with the number of families in residence not exceeding the number
of dwelling units provided.
HOUSE, SINGLE-FAMILY
A building designated for or occupied exclusively by one
family and containing not more than one dwelling unit. A double-wide
mobile home that conforms to all current New York State codes and
standards is considered a single-family house; a single-wide mobile
home is not, except that a single-wide mobile home may be used for
farm worker housing.
HOUSE, TWO-FAMILY
A building occupied by two families where not more than two
individual dwelling units are separated by vertical walls or horizontal
floors. The definition includes the term "in-law apartment."
INDUSTRY, HEAVY
The manufacture, assembly or processing of products which
involves the large-scale transformation of raw materials into finished
products and which may involve the exterior storage of raw materials
or finished products. Retail sales of finished products are allowed.
INDUSTRY, LIGHT
The manufacture or assembly of any article, substance or
commodity but which does not involve the exterior storage of raw materials
and which does not involve the large-scale transformation of raw materials
into finished products. Retail sales of finished products are allowed.
IN-LAW APARTMENT
A single dwelling unit contained within and accessory to
a single-family detached structure or located within the unattached
garage of a single dwelling unit.
JUNK VEHICLE
Any unregistered, used motor vehicle or vessel originally
designed for use on public roads or waters, which is no longer in
condition for legal use on public highways or waters. This term does
not include farm and agricultural equipment designed primarily for
use on a farm.
[Added 9-6-2012 by L.L.
No. 3-2012]
JUNKYARD
Buildings, structures, or premises where junk, waste, or
discarded or salvage materials are bought or sold, exchanged, stored,
baled, packed, disassembled or handled, including automobile wrecking
yards, but not including premises for the purchase and/or storage
of used furniture and household equipment in operable condition or
used cars in operable condition.
KENNEL
An establishment which houses dogs, cats or other domestic
animals more than four months of age and where the breeding, boarding,
training or selling of animals is conducted as a business.
LAND CLEARING
The cutting of substantially all of the vegetation on a parcel
of land.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
[Added 12-28-2016 by L.L. No. 1-2017]
LIVERY
A business which transports people by motor vehicle for a
fee and may include facilities for the storage and/or maintenance
of said vehicles. Excludes situations where no fee is charged.
[Added 7-13-2010 by L.L. No. 1-2010]
LOADING AREA
An off-street space or berth, no smaller than a parking space,
used for loading or unloading vehicles.
LOT
A parcel of land having a distinct and defined boundary as
described in a separate deed, occupied or capable of being occupied
by a building or buildings and by accessory buildings and/or uses,
including such open spaces as are required by this chapter, and having
frontage on an existing or proposed road.
LOT AREA
The computed area maintained within the lot lines.
LOT, CORNER
A lot abutting upon two or more streets, roads or highways
at their intersection or upon two parts of the same street, road or
highway, such streets, roads or highways or parts of the same street,
road or highway forming an interior angle of less than 105°. The
point of intersection of the street lot lines is the corner.
LOT COVERAGE
The total area of a lot covered by buildings, parking lots,
sidewalks and all other impervious surfaces.
LOT LINE, FRONT
The line separating the lot from a street, road, highway
or right-of-way line of an adjoining public roadway.
[Amended 9-6-2012 by L.L.
No. 3-2012]
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT LINES
The property lines bounding the lot.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street, road or highway is called
a "side street, road or highway lot line."
LOT WIDTH
The width of the lot at the building line measured at right
angles to its depth.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
in the travelling mode is eight body feet or more in width or 40 body
feet or more in length or when erected on site is 320 or more square
feet and which is built upon a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein and which contains
a HUD seal. The term "manufactured home" does not include the term
"mobile home."
[Added 9-6-2012 by L.L.
No. 3-2012]
MANUFACTURED HOME LOT
A designated site of specific total land area within a manufactured
home park for the accommodation of one manufactured home and its occupants.
[Added 9-6-2012 by L.L.
No. 3-2012]
MANUFACTURED HOME PARK
Any parcel of land whereon two or more manufactured homes
are parked or located or which is planned and improved for the placement
of two or more manufactured homes and which is held open to the public
for the parking or placement of manufactured homes.
MANUFACTURED HOME STAND
A stand of durable material capable of supporting a manufactured
home and which may be as described in the NCSBCS Standard for Manufactured
Home Installations, NCSBCS/ANSI A225.1.
[Added 9-6-2012 by L.L.
No. 3-2012]
MARINA
A facility for the storing, servicing, fueling, berthing,
and securing of boats and which may include eating, sleeping, and
retail facilities for owners, crews and guests.
MEMBERSHIP CLUB
A building or place used by a group of people organized for
a common purpose to pursue common goals or interests. A membership
club may include a tavern and restaurant for use of its members and
guests.
MINING
Any extraction, other than specimens or samples, of 50 or
more cubic yards in any 12 consecutive months from the land of any
earth, rock, gravel, sand, topsoil or other underground materials,
including the construction, alteration or maintenance of mine roads,
mine tailing piles or dumps and mine drainage. The removal of regulated
materials below the threshold specified in this definition shall not
be regulated by this chapter.
MOBILE HOME
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living and which was constructed before June 1, 1976,
and which does not contain a HUD seal and which is designed or intended
to be used as a dwelling.
[Added 9-6-2012 by L.L.
No. 3-2012]
MOTEL
A building or group of buildings, whether attached or detached,
containing for hire individual living and sleeping accommodations,
each of which is considered a unit, is provided with a separate exterior
entrance and a parking space and is offered for rental and use principally
by motor vehicle travelers. The term "motel" includes but is not limited
to every type of similar establishment, including a "hotel" or an
"inn." A motel may provide additional services, such as restaurants,
meeting rooms and recreation facilities.
MUNICIPAL BUILDING, USE OR SERVICE
Facilities, structures or places owned and operated by the
Town of Greenwich or other government entities for the conduct of
municipal or government business, including but not limited to municipal
office buildings, schools, police and fire stations, public works
garages and facilities, public safety facilities, solid waste disposal
facilities, sewerage systems, sewage disposal facilities and similar
uses.
NONCONFORMING LOT, USE OR BUILDING
A use, activity or structure which may have existed lawfully
prior to the adoption, revision or amendment of this chapter but which
fails to comply with the regulations currently applying to the district
in which it is located.
NURSERY
The growing, cultivation, storage and sale of garden plants,
flowers, trees, shrubs and lawn and garden supplies to retail and
wholesale users. The definition includes the operation of associated
businesses such as landscaping.
NURSING OR CONVALESCENT HOME
A state-licensed residential care facility in which nursing
and medical services are performed under the general direction of
persons licensed to practice in the State of New York, for the accommodation
of convalescent or other persons who are not in need of hospital care
but who do require, on a twenty-four-hour basis, nursing care and
related medical services. This definition shall include skilled nursing
facilities, intermediate care facilities, nursing facilities and life
care facilities.
OFFICE
A building or room(s) within a building used for conducting
the affairs of a business, profession, service, industry or government
and generally furnished with desks, tables, files and communication
equipment.
OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water which may be valued for natural processes and wildlife
protection, agricultural, or for active or passive public recreation
and/or for providing other public benefits designed and intended for
the private or public use or enjoyment of the space. Open space may
contain such complementary structures and improvements as are necessary
and appropriate for the benefit and enjoyment of the place.
PARK
A tract of land, which may be either publicly or privately
owned, which is available to the public for passive recreational uses
such as hiking, bicycling, cross-country skiing, boating and nature
study.
PARKING LOT
Any space for the storage of more than three vehicles on
a continuing basis, such space being either for hire or accessory
to an existing building or use of land.
PERSON
Any individual, corporation, partnership, association, trustee
or other legal nongovernmental entity.
PERSONAL SERVICE ESTABLISHMENT
A business with the primary purpose of providing service
to individual consumers, such as shoe repair, dry cleaning, laundromat,
barbershop, beauty parlor or bank.
PLAN
The design of a development, including a plat of a subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, the intensity of use or density of development and
private streets, ways and parking facilities. The phrase "provisions
of the plan," when used in these regulations, shall mean the written
and graphic materials referred to in this definition.
PLANNING BOARD
The Planning Board of the Town of Greenwich, New York, as
appointed by the Town Board of the Town of Greenwich, New York.
PLOT
In a manufactured home park, land within which a manufactured
home may be located.
[Added 9-6-2012 by L.L.
No. 3-2012]
PRINCIPAL BUILDING
The building in which the primary use or function of the
lot is conducted. More than one principal building may be constructed
on a lot, provided that all of the area requirements of each building
are met.
PRINCIPAL USE
The use which is primary and dominant to the lot. More than
one principal use may be constructed on a lot, provided that all of
the area requirements for each use are met.
PRIVATE UTILITY BUILDING, USE OR SERVICE
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, gas, electric,
telephone or other private utility service. However, the use of small-scale
utility generation facilities for personal use, such as solar or wind
energy, is exempted from regulation by this chapter.
PUBLIC UTILITY BUILDING, USE OR SERVICE
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, wind energy,
gas, electric, telephone or other public utility service.
RECREATIONAL USE, INDOOR
A structure containing facilities for recreational activities
such as bowling, tennis, swimming, exercise rooms, arcades and similar
activities.
RECREATIONAL USE, OUTDOOR
A place designed for the use of recreational or leisure facilities,
including but not limited to a golf course, miniature golf, tennis
club, skating rink, cross-country ski center or field for sporting
activities, specifically excluding a "park" as defined above. This
term does not preclude the use of private property by its owners and
their occasional guests for personal recreational activity.
[Amended 9-6-2012 by L.L.
No. 3-2012]
RELIGIOUS BUILDING/USE
An institution that people regularly attend to participate
in or hold worship services, meetings and other activities The term
shall not carry a secular connotation and shall include buildings
in which religious services of any denomination are held.
RESIDENTIAL TREATMENT FACILITY
A facility operated by a not-for-profit agency as defined
and regulated by the State of New York Office of Mental Health providing
fully integrated mental health treatment services to seriously emotionally
disturbed youth between the ages of 5 and 18 who are voluntarily admitted
to the facility.
[Added 12-28-2016 by L.L.
No. 1-2017]
RESORT
A facility for transient guests where the primary attractions
are recreational facilities or amenities.
RESTAURANT
An establishment which serves prepared meals for consumption
on the premises or for takeout and which may include the incidental
sale of alcoholic beverages. It does not include a drive-through.
RETAIL USE
A business engaged in the sale of commodities to walk-in
consumers for direct consumption and not for resale, excluding gas
stations and convenience stores. A retail use may include the assembly
and small-scale manufacturing of products for sale on site.
RIDGELINE
The high point of a hill or mountain or of a chain of hills
or mountains.
ROAD, STREET or HIGHWAY
A public thoroughfare which affords the principal means of
access to abutting property, including an avenue, plan, way, drive,
land, boulevard, highway, road and any other thoroughfare except an
alley.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 12-28-2016 by L.L.
No. 1-2017]
SCREENING
Fences, bushes or trees or other natural and/or artificial
material which obscures the visual character of any given building
or use of land.
SELF-STORAGE FACILITY
A building or group of buildings containing separate individual
and private storage spaces of varying sizes and available for lease
or rent for varying periods of time.
SETBACK, FRONT
The required minimum distance between the building line of
a building and the related right-of-way line of the adjoining public
roadway. If there is no public roadway, the setback shall be measured
from the adjoining front lot line. (See "building line" and "lot line,
front.")
SETBACK, REAR
The required minimum distance between a rear lot line and
the rear of a building. The building rear line shall be measured from
any bay windows, covered porches, whether enclosed or unenclosed,
or any projections thereof which are over 50 square feet in area.
SETBACK, SIDE
The required minimum distance between a side lot line and
the closest side of a building. The building side shall be measured
from any bay windows, covered porches, whether enclosed or unenclosed,
or any projections thereof which are over 50 square feet in area.
SHOOTING RANGE
A place where individuals gather to practice marksmanship
of any kind. This term does not preclude the use of private property
by its owners and their occasional guests for personal recreational
activity.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for delivery separated from customer access,
and coordinated landscaping and signage.
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 for display of an advertisement,
announcement, notice, directional matter, or name, and includes any
portable, fixed, temporary or permanent sign frames, billboards, sign
boards, roof signs, painted walls, wall signs, hanging signs, freestanding
signs, exterior window signs, pennants, banners, fluttering devices,
projecting signs or ground signs, balloons affixed to the ground in
any manner and also includes any announcement, declarations, demonstrations,
displays, illustration or insignia, any letter, word, number, clock,
thermometer, light or combination of lights, used to advertise or
promote the interest of any person or business when the same are placed
in view of the general public. However, any of the above which is
placed inside of a building where it is visible through a window shall
not be considered or regulated as a sign.
[Amended 9-6-2012 by L.L.
No. 3-2012]
SIGN, ANIMATED
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
[Added 9-6-2012 by L.L.
No. 3-2012]
SIGN FACE
The entire area of one side of a sign within a single continuous
perimeter enclosing all elements which form an integral part of the
sign. The structure supporting the sign shall be excluded unless the
structure is designed in a way to form an integral background for
the display.
SIGN, MESSAGE
Any sign displaying noncommercial information including,
but not limited to, support for a charity, community event or the
military.
[Added 9-6-2012 by L.L.
No. 3-2012]
SIGN, OFF-SITE COMMERCIAL
A sign where the purpose of the sign is to advertise or promote
the interest of any person or business not located within the legal
limits of the property on which the sign is located.
[Added 9-6-2012 by L.L.
No. 3-2012]
SIGN, SANDWICH BOARD
A nonilluminated sign that may be carried from one location
to another, self-supporting and designed to be temporarily placed
without a permanent base or fastening.
[Added 9-6-2012 by L.L.
No. 3-2012]
SIGN, TEMPORARY
Any sign relating to a sale, activity or event which sign
is not permanently affixed to the ground or a structure and which
is removed after the time periods specified herein.
[Added 9-6-2012 by L.L.
No. 3-2012]
SITE PLAN
Maps, drawings and supporting data describing a project proposal
or development plan for one or more lots on which are shown the existing
or proposed conditions of the lot, submitted to the Planning Board
for Planning Board review.
SLAUGHTERHOUSE
An establishment where animals are processed into food and/or
by-products and which may include the areas where animals are kept
prior to processing. This definition does not include the term "rendering
plant" nor does this definition include any process for disposal of
the animal carcasses and remains whether by composting or other methods,
except as incidental to the operation of the slaughterhouse.
[Amended 5-12-2009 by L.L. No. 1-2009]
SMALL BUSINESS, EXISTING
Any business employing not more than five people (either
full- or part-time) and whose proposed facility, once fully built,
does not exceed 2,500 feet in size. Proof of the number of employees
may be established by delivery of verified statements of the names
of employees for the prior two calendar years or copies of the W-3's
filed for the preceding two calendar years.
SMALL BUSINESS, NEW
Any business whose written business plan and projections
do not exceed any of the criteria established hereinabove for an existing
small business, i.e., a verified written business plan projecting
not more than five employees at the end of the third year and a facility
not in excess of 2,500 square feet.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 12-28-2016 by L.L.
No. 1-2017]
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 12-28-2016 by L.L.
No. 1-2017]
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 12-28-2016 by L.L.
No. 1-2017]
SOLID WASTE
Waste material as define by New York State in NYCRR Part
360-1-2(a), but not including hazardous waste as defined by NYCRR
Part 371-1(d).
SOLID WASTE PROCESSING
The disposal of municipal solid waste in a sanitary landfill
or the operation of a transfer station for municipal solid waste or
paper mill sludge.
SPECIAL USE
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in a district.
STORAGE CONTAINER
A container with minimum external dimensions of 9 1/2
feet long by eight feet wide by 8 1/2 feet tall used for the
storage of material, goods or objects.
[Added 9-6-2012 by L.L.
No. 3-2012]
STRUCTURE
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground, including stationary and portable carports.
TELECOMMUNICATIONS TOWER
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals (for the purpose of communications).
THEATER
A place of assembly for the showing of movies and/or the
production of plays and special events.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for storage or transport of material, goods or objects.
[Added 9-6-2012 by L.L.
No. 3-2012]
TRAVEL TRAILER
Any vehicle principally designed or principally used for
temporary living quarters for travel, recreation or vacation purposes
and duly licensed as such. This includes, without limitation, tent
trailers, truck campers, motor homes and the like.
[Added 9-6-2012 by L.L.
No. 3-2012]
VARIANCE
Permission by the Zoning Board of Appeals to use land for
a use or in a configuration which is not in accordance with or is
prohibited by the applicable zoning regulations.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this chapter.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by this chapter.
VETERINARY ESTABLISHMENT
A person, structure or place for the medical care and treatment
of animals. The overnight boarding of animals not under the care of
a veterinarian shall constitute a "kennel."
WAREHOUSE
A building designed or used as a wholesale storage and distribution
center.
WIND ENERGY
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
The definition includes all related infrastructure, electrical lines
and substations, access roads and accessory structures to such facilities.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
YARD, FRONT
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 unoccupied, shall be considered as part
of the principal building and shall not project into a required front
yard.
YARD, REAR
An open space extending across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot and unoccupied except for accessory buildings and open
porches.
YARD, SIDE
An open space on the same lot with a principal building,
between the principal building and the side line of the lot and extending
through from the front yard to the rear yard, into which space there
shall be no extension of building parts other than for two feet or
other than rainwater leaders, windowsills and other such fixtures
and open steps.
ZOO
A place where animals are kept, often in a combination of
indoor and outdoor spaces, and are viewed by the public.