Definitions of words and terms. As used in this chapter,
the following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, garden shed, a private playhouse and a private greenhouse.
AGRICULTURE/HORTICULTURE OPERATION
The raising of crops and practices related to the production,
preparation and harvesting thereof whether in enclosed buildings or
outdoors, but not including the raising, breeding or keeping of animals
for commercial purposes.
[Added 7-6-2021 by L.L.
No. 3-2021]
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter," in its
various modes and tenses and its participial form, refers to the making
of an "alteration."
BASEMENT
A story partly underground but having less than half of its
clear height below the finished grade.
BED-AND-BREAKFAST
An accessory use in a business district providing travelers
with overnight accommodations for compensation subject to site plan
and special exception use approvals of the Planning Board.
[Added 6-16-2015 by L.L.
No. 1-2015]
BILLIARD PARLORS
A public place where billiards or pocket billiards are played
and which is conducted as a public place of business for profit and
which complies with the provisions of Article 31 of the Penal Law
as the same may be amended from time to time.
BOARD
The Municipal Board of Appeals.
[Added 5-10-1967]
BUILDING
A structure with a roof supported by columns or walls.
[Amended 11-3-1986 by L.L. No. 4-1986]
CELLAR
A story partly underground and having 1/2 or more of its
clear height below the finished grade.
CLUB, COUNTRY
A club for golfing, hunting, fishing, horseback riding or
similar sports.
CLUB, MEMBERSHIP, NONPROFIT
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
educational, religious or political purpose. The "club" shall not
be used in whole or in part for the conduct of any business or enterprise
for profit, but this shall not be construed as preventing the utilization
of a "club" for benefits or performances for a recognized charity,
nor for the meeting of other organizations, nor for educational and
cultural purposes.
COURT
An open, unoccupied space, other than a yard, on the same
lot with a building. An "offset to a court" shall be deemed a separate
inner court for the purpose of determining its least dimension, its
area and the least dimension and area of the court to which it is
contiguous.
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
COURT, OUTER
A court extending to a street, front yard or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side
in the case of an outer court, and the least horizontal dimension
in the case of an inner court.
DAY-CARE CENTER
A facility duly permitted by the New York State Department
of Social Services for the care of three or more children for less
than 24 hours each day.
[Added 1-30-1996 by L.L. No. 2-1996]
DUMP
A parcel of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
DWELLING, ONE-FAMILY, SEMIDETACHED
A building constructed for the use of two families having
one side yard and one party wall for each unit and permitting separate
ownership for each unit.
[Added 5-10-1967]
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption, shall
not be considered to constitute one "family."
FILLING STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "filling station" may include accessory
facilities for rendering service for motor vehicles, such as lubrication,
washing and minor repairs.
GARAGE, PARKING
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
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 for more than one car leased to a nonresident
off the premises.
GARAGE, REPAIR
A building, other than a private or a parking garage, used
for adjustment, painting, replacement of parts or other repair of
motor vehicles, or parts thereof, whether or not accessory or incidental
to another use.
GENERAL INDUSTRY
An establishment primarily engaged in manufacturing, production,
fabrication or assembly of raw products or unprocessed materials which
may also include testing, repair and packing of components, devices
and equipment systems.
[Added 7-6-2021 by L.L.
No. 3-2021]
HEIGHT OF STRUCTURE OR BUILDING
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use, and that does not change the character of the structure as a
residence. Said activity shall not occupy more than 1/2 of the ground
floor area of the dwelling or its equivalent elsewhere in the dwelling
if so used, and further provided that there shall be no external evidence
other than an announcement sign and that no mechanical or electrical
equipment is used except customary household equipment. However, "home
occupations" shall not be construed to include such uses as the following:
clinic or hospital, barbershop or beauty parlor, restaurant, breeding
kennel or antique dealer.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, surgeon, dentist,
land surveyor or other person licensed by the State of New York to
practice a healing art, lawyer, architect, artist, engineer, real
estate broker or salesman, insurance broker or agent or teacher as
herein restricted, provided that not more than two persons are employed
who are not members of the family, and that such office shall be in
the main building and shall not occupy more than the equivalent of
1/2 of the area of one floor of said building. For the purposes of
this definition, a "teacher" shall be restricted to a person giving
individual instruction in academic or scientific subjects to a single
pupil at a time. A "home professional office" shall not include the
office of any person professionally engaged in the purchase or sale
of economic goods. Dancing instruction, band instrument or piano or
voice instruction, tea rooms, tourist homes, beauty parlors, barbershops,
hairdressing and manicuring establishments, convalescent homes, mortuary
establishments and stores, trades or businesses of any kind not herein
excepted shall not be deemed to be "home professional offices." The
"home professional office" of a physician shall not include a biological
or other medical testing laboratory.
[Amended 7-6-1987 by L.L. No. 4-1987]
HOUSE TRAILER
A movable single-family dwelling originally equipped with
or having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
INDOOR RECREATION BUSINESS
A business that offers recreation services or activities
including video or virtual games, bowling, miniature golf, batting
cages, court or field sports, fitness equipment or billiards within
an enclosed building.
[Added 7-6-2021 by L.L.
No. 3-2021]
INDUSTRIAL BUSINESS PARK
A development which contains two or more buildings containing
a combination of office, warehouse and non-nuisance industry or any
other permitted use in the zone, in a unified, campus design. The
development may also contain accessory uses such as cafes, cafeterias,
conference rooms or other services intended to serve employees of
the site.
[Added 7-6-2021 by L.L.
No. 3-2021]
INN
An historic building providing travelers with overnight accommodations
for compensation. The term "inn" shall not include boarding-, lodging
or rooming houses or other such establishments.
[Added 12-16-1985 by L.L. No. 20-1985]
JUNKYARD
Any land or structure, or part thereof, exceeding 300 square
feet in area, used for collecting, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded material; or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition; or for the sale of the parts thereof.
KENNEL
Any premises on which five or more dogs more than four months
old are kept.
[Added 1-30-1996 by L.L. No. 2-1996]
LOT
A parcel of land occupied or used by one main building or
use with its accessory buildings and the required open spaces.
LOT AREA
The total horizontal area included within lot lines.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LOT COVERAGE
The percentage of the area of the lot covered by a building
or buildings.
LOT LINE
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front "lot line" shall be deemed a side "lot line."
LOT LINE, FRONT
The street right-of-way line at the front of a lot. On a
corner lot, the owner may specify the "front lot line" on the plot
plan.
LOT WIDTH
The dimension measured from side lot line to side lot line,
along a line parallel to the street line at the required minimum front
yard depth.
MOBILE HOME
A movable single-family dwelling originally equipped with
or having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "house trailer."
MOBILE HOME COURT
A residential land use designed for the location of one or
more mobile homes in designated mobile home spaces and including appurtenant
facilities and accessory services for residents only.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective
of the use to which such structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations of this chapter for the district in which it is situated.
NON-NUISANCE INDUSTRY
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light, beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and which does not include any outdoor processing of materials or
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
NURSERY SCHOOL
A school designed to provide daytime care and instruction
for two or more children from two to five years of age, inclusive,
operated on a regular basis.
[Amended 5-10-1967; 1-30-1996 by L.L. No. 2-1996]
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking are
PERMITTED USE
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
PERSONAL SERVICE
An establishment which provides services or duties performed
for the general public and their personal property, such as a barbershop,
salon, tailor shop, photocopying, pet grooming, tutor or small class
instruction for arts, dance or music, shoe repair shop and other similar
places of business.
[Added 7-6-2021 by L.L.
No. 3-2021]
PLANNED DEVELOPMENT DISTRICT
A floating zoning district applicable in only the business, industrial and multifamily residential districts of the Village pursuant to the review and approval procedures provided in §
122-7.2. For the multifamily residential district, a Planned Development District shall only be allowed for a single parcel or contiguous parcels owned by the same individual(s) or entity, in excess of 10 acres in size. Such district and the attendant review procedures allow for flexible, well-planned developments that are intended to incorporate a mixture of compatible uses that are beneficial to the community needs and goals.
[Added 5-2-2006 by L.L. No. 3-2006;
amended 2-5-2019 by L.L. No. 1-2019]
PROHIBITED USE
A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted, special exception or accessory use; in addition, and more specifically, those uses listed as "prohibited uses" in §
122-12.
REAR DWELLING
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
RESEARCH INSTITUTE OR LABORATORY
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto; with respect to the
application of this chapter, such "research institute or laboratory"
shall meet the standards of a non-nuisance industry.
RESTAURANT
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
[Added 1-30-1996 by L.L. No. 2-1996]
ROADSIDE MARKET
A temporary use of land, structure or building on a farm
by the farmer as a sales outlet exclusively for produce grown on his
farm.
SELF-SERVICE STORAGE FACILITY
A facility containing a structure or structures containing
separate, individually leasable or rentable storage spaces of varying
sizes.
[Added 3-20-2002 by L.L. No. 2-2002]
SHOP FOR CUSTOM WORK
A business premises used for the making of clothes, hats,
shoes or other personal articles to individual order for sale at retail
on the premises only. A shop for custom work may also include the
fabrication or assembly of customized automobiles or motorcycles made
to individual order for sale on the premises, provided that no outdoor
display or storage of such motor vehicles or any parts thereof shall
be allowed.
[Amended 2-16-2016 by L.L. No. 2-2016]
SIGN
Any kind of sign board, pennant or other shape or device
or display, used as an advertisement, announcement or direction, including
any text, symbol, lights, marks, letters or figures painted thereon
or painted on or incorporated in the composition of an exterior surface
of a building or structure.
[Amended 11-3-1986 by L.L. No. 4-1986]
SIGN, BUSINESS
A temporary or permanent sign which directs attention to
a business or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENT
A temporary or permanent sign which directs attention to
a home occupation, a home professional office or public or semipublic
building.
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto, or describing
construction activity or a firm doing work related to construction,
on the premises on which the sign is located.
SIGN, TEMPORARY
A temporary sign which directs attention to a special activity
or entertainment, or one which indicates the location of a real estate
subdivision.
SITE PLAN
A map, diagram or drawing prepared in a manner required by
these regulations for the purpose of identifying the locations, extent
and other characteristics of particular land uses.
[Added 10-20-1986 by L.L. No. 3-1986]
SPECIAL EXCEPTION USE
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of §
122-47.
STREET
Any federal, state, county or town road or any street shown
upon a subdivision plat filed in the County Clerk's office.
[Amended 6-3-1968; 7-6-1987 by L.L. No. 4-1987]
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building.
SWIMMING POOL
A receptacle for water or an artificial pool of water having
a depth at any point of more than 18 inches and a surface area of
greater than 100 square feet designed or intended for the purpose
of bathing or swimming and including all appurtenant equipment.
VARIANCE
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardships, not self-imposed, pursuant to the provisions of §
122-49.
WALL
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
WAREHOUSE
A building used primarily for the storage of goods and materials,
and where products are received, broken down into smaller quantities,
reassembled and reshipped.
[Added 1-20-2009 by L.L. No. 1-2009]
WHOLESALE BUSINESS
An establishment which sells goods, generally in large quantities,
to retailers or professional businesses who, in turn, sell to consumers.
Such establishments are not generally open to the general public.
[Added 7-6-2021 by L.L.
No. 3-2021]
YARD, FRONT
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
YARD, REAR
A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot, and extending from side lot line to side lot line.
YARD, SIDE
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot, and extending
through from the front yard or from the front lot line where no front
yard exists to the rear yard or to the rear lot line where no rear
yard exists.