This chapter is adopted for the purpose of promoting the health,
safety, morals and the general welfare of the community and in furtherance
of the following related and more specific objectives:
A. To guide and regulate the orderly growth, development and redevelopment
of the municipality in accordance with a comprehensive plan and with
long-term objectives, principles and standards deemed beneficial to
the interests and welfare of the people.
B. To protect the established character and the social and economic
well-being of both private and public property.
C. To promote the utilization of land for the purposes for which it
is most appropriate in the public interest.
D. To secure safety from fire, panic and other dangers and to provide
adequate light, air and convenience of access.
E. To prevent overcrowding of land or buildings and to avoid undue concentration
of population.
F. To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
G. To eliminate nonconforming uses gradually.
H. To conserve the value of real property and to enhance the value of
real property throughout the municipality.
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 play house and a private greenhouse.
AFFORDABLE HOUSING UNIT
A dwelling unit that is affordable to purchase for families
earning between 101% and 120% of Orange County's median family income.
[Added 6-12-2007 by L.L. No. 4-2007]
ALLEY
The vehicle passageway within a block that provides access
to garages and garbage bins along the rear edges of lots. There are
at least two points of ingress/egress into the block. Paved or gravel
surface is typically at least 15 feet wide.
[Added 2-14-2006 by L.L. No. 2-2006]
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."
ARTIST
Person engaged in the creative arts, including, but not limited
to, visual arts, composers, poets, set designers, writers, choreographers
and independent filmmakers.
[Added 2-14-2006 by L.L. No. 2-2006]
ARTIST LOFT, also known as "LIVE-WORK SPACE"
A space of at least 1,000 square feet that is used as a residence
and workplace by an artist. Work space must be at least 150 square
feet; however, the predominant use of an artist loft is residential
and commercial activity is a secondary use; employees and walk-in
trade are not permitted.
[Added 2-14-2006 by L.L. No. 2-2006]
BASEMENT
That portion of a building that is partly or completely below
grade plane. A basement shall be considered as a story above grade
plane where the finished surface of the floor above the basement is:
A.
More than six feet (1,829 mm) above grade plane;
B.
More than six feet (1,829 mm) above the finished ground level
for more than 50% of the total building perimeter; or
C.
More than 12 feet (3,658 mm) above the finished ground level
at any point.
BILLBOARD
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, or only incidentally
sold, offered or existing upon such lot.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
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, uncovered space, unobstructed to the sky, bounded
on three or more sides by exterior building walls or other enclosing
devices.
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.
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, not including the manufacture
of ready-to-wear or standardized products.
DAY CAMP
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized recreational
facility for five or more enrolled children other than the children
of the resident family, but not provided with customary commercial
public recreational features such as Ferris wheels or roller coasters
and not furnishing sleeping quarters except for the resident family.
DAY-CARE CENTER
A facility which is not a school but provides child-care
services to five or more children. For the purposes of this chapter,
the term "day-care center" shall also include "before and after school"
child-care programs that are licensed by the Child Care Council of
Orange County.
[Added 10-22-1996 by L.L. No. 4-1996; amended 8-11-2009 by L.L. No.
5-2009]
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 that contains one or two dwelling units used,
intended or designed to be used, rented, leased, let or hired out
to be occupied for living purposes.
[Amended 3-8-2011 by L.L. No. 4-2011]
DWELLING UNIT
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
DWELLING, MULTIPLE
A building that contains more than two dwelling units used,
intended or designed to be used, rented, leased, let or hired out
to be occupied for living purposes.
[Amended 3-8-2011 by L.L. No. 4-2011]
FACADE
An elevation or face of a building, from ground level to
the roofline.
[Added 2-14-2006 by L.L. No. 2-2006]
FAMILY
A group of related individuals living and cooking together
as a single housekeeping unit, or a group of unrelated individuals
living and cooking together as a single housekeeping unit in a manner
which is the functional equivalent of said related individuals.
[Amended 6-12-2007 by L.L. No. 4-2007; 3-8-2011 by L.L. No.
4-2011]
FLOOR AREA RATIO
The gross floor area of all buildings on a lot divided by
the area of that lot.
[Added 5-25-1993 by L.L. No. 3-1993]
FRONT FACADE
The elevation with the main entrance to a building usually
facing a public street.
[Added 2-14-2006 by L.L. No. 2-2006]
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 is 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.
GAS 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 "gas station" may include accessory facilities
for rendering service for motor vehicles, such as lubrication, washing
and minor repairs, overnight storage of not more than five motor vehicles,
outdoor storage and display of accessories or portable signs; provided,
however, that all outdoor repair work shall be prohibited between
the hours of 7:00 p.m. and 7:00 a.m. and that the premises shall not
be used for the sale, rent or display of automobiles, trailers, mobile
homes, boats or other vehicles or outdoor dismantling of vehicles
at any time.
[Amended 2-14-2006 by L.L. No. 2-2006; 3-8-2011 by L.L. No.
4-2011]
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
[Added 3-8-2011 by L.L. No. 4-2011]
GROSS LEASABLE AREA
The sum of the horizontal area of every floor of a building
designed for tenant occupancy and exclusive use, measured from the
exterior faces of the exterior walls and from the center line of party
walls separating the two units, including basement space, mezzanine
space and upper floor space. However, "gross leasable area" shall
not include public or common areas such as public toilets, corridors,
stairwells, elevators, machine and equipment rooms, lobbies or mall
areas, whether open or closed.
[Added 5-25-1993 by L.L. No. 3-1993]
HEALTH CLUB
A commercial recreation membership facility designed and
used for body conditioning including activities such as aerobic and
related class exercises, weight lifting, stationary bicycles, treadmills,
elliptical machines and other similar equipment together with sauna,
steam room, showers and locker facilities.
[Added 9-30-2014 by L.L.
No. 6-2014]
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
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, tearooms, 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.
HOTEL
A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation. A hotel shall not provide
apartment dwelling units.
HOUSE TRAILER
A movable single-family dwelling originally equipped with
or having vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
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.
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, excluding
that portion within the right-of-way of any existing public street
or any body of water.
LOT COVERAGE
The percentage of the lot area covered by a building or buildings.
[Amended 3-8-2011 by L.L. No. 4-2011]
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.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
MIXED USE
A building containing at least two different uses with the
ground floor as a nonresidential use. Such buildings may include residential
uses combined with either or both commercial or office uses.
[Added 5-25-1993 by L.L. No. 3-1993; amended 2-14-2006 by L.L. No.
2-2006]
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.
MOBILE HOME OR HOUSE TRAILER SALES OFFICE AND/OR LOT
A use of land and improvements for the purpose of displaying,
storing and renting or selling mobile homes or house trailers, but
not including provisions for mechanical or other services for these
dwelling units.
MOTEL
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access and related office and with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges,
auto courts and other similar appellations but shall not be construed
to include house trailers or mobile homes.
NONCONFORMING LOT
A lot lawfully existing at the effective date of this chapter
or any amendment thereto affecting such lot, which does not satisfy
the minimum dimensional regulations, supplemental regulations and/or
other provisions of this chapter relating to minimum lot characteristics
required for permitted uses in a particular district.
[Added 11-26-1985 by L.L. No. 12-1985; 3-8-2011 by L.L. No.
4-2011]
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.
NONNUISANCE INDUSTRY
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of waste, 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 storage yard unless completely enclosed by a solid wall or
fence not less than six feet in height.
NURSERY SCHOOL
A school providing daytime care and formal instruction for
five or more regularly enrolled children of less than kindergarten
age, other than the children of the resident family, and not furnishing
sleeping quarters except for the resident family.
OUTDOOR CAFE
Those exterior facilities adjacent to and part of establishments
selling food and/or drink, located on private property or on a public
sidewalk, open to the air and otherwise unenclosed by fixed walls.
Outdoor cafes may contain readily removable tables, chairs, railings,
planters and umbrellas and may provide waiter or waitress service.
[Added 8-14-2001 by L.L. No. 2-2001; amended 5-8-2007 by L.L. No.
2-2007]
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 area.
PAVING
A firm solid surfacing material which is stabilized either
by cement or asphaltic material.
[Added 10-11-1983 by L.L. No. 6-1983]
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.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a single proprietor, to be
developed as a single entity for a number of dwelling units and related
uses, the development plan for which does not correspond in lot size,
bulk or type of dwelling, density or lot coverage to the regulations
in any residential district established by any other section of this
chapter. With respect to "planned residential development," a single
proprietor shall be deemed to include the holder of any option or
contract to purchase or a person or corporation having an enforceable
proprietary interest in such land or the air rights over such land.
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 §
305-12.
REAR DWELLING
A dwelling located on the same lot as 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 nonnuisance industry.
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.
ROOMING HOUSE; BOARDINGHOUSE
A dwelling in which three or more rooms are offered for rent,
payable in money and/or other consideration, whether or not table
board is furnished to roomers, and in which no transients are accommodated
and no public restaurant is maintained.
SELF-SERVICE STORAGE FACILITY
A facility containing a structure or structures containing
separate, individually leasable or rentable storage spaces of varying
sizes.
[Added 7-28-1998 by L.L. No. 4-1998]
SENIOR CITIZEN DEVELOPMENT (B-3 DISTRICT)
A building containing street-level nonresidential uses with
upper floors dedicated solely for use as senior citizen dwelling units.
The building must be located within 500 feet of a municipal parking
lot and may not exceed a maximum of 27 senior citizen dwelling units
managed by a single management entity. The dwelling units must be
arranged so as to accommodate the needs of senior citizens and must
contain elevator service, a community room and an outdoor courtyard
area.
[Added 4-1-1997 by L.L. No. 2-1997]
SENIOR CITIZEN DWELLING UNIT
A dwelling unit occupied exclusively by one or more persons
who is/are at least 55 years of age.
[Added 4-1-1997 by L.L. No. 2-1997; amended 10-12-1999 by L.L. No.
5-1999; 3-8-2011 by L.L. No. 4-2011; 8-18-2020 by L.L. No. 3-2020]
SENIOR CITIZEN HOUSING DEVELOPMENT
A planned residential development which contains senior citizen
dwelling units in either detached, attached or multiple dwelling buildings
and ancillary facilities deemed essential to the success of the development
but subordinate to the residential character of the developments,
located out of public view, with no outside advertising.
[Added 9-14-1999 by L.L. No. 4-1999]
SENIOR GROUP RESIDENCE
A residence established and operated by a natural person
or natural persons in their own homes wherein services are provided
on a twenty-four-hour basis to persons of 60 years of age or older
who do not require continual medical or nursing care as provided by
facilities licensed pursuant to Article 28 of the Public Health Law
or Article 23 or 31 of the Mental Hygiene Law or are not by reason of physical or other limitations
associated with age and/or physical or mental disabilities or other
factors unable to live independently. In addition to room and board,
services that may be provided in a senior group residence include
housekeeping services, personal care services, supervision of attendants
and such other nonmedical services as are necessary to assure health,
safety and well-being and to sustain daily living.
[Added 5-28-1985 by L.L. No. 6-1985]
SENIOR GROUP RESIDENCE PERMIT
A special exception use permit providing for a senior group
residence. Once granted, this permit must be renewed annually on or
before the anniversary date of the issuance of the original senior
group residence permit.
[Added 5-28-1985 by L.L. No. 6-1985]
SHARED PARKING
Parking spaces assigned to more than one use where persons
utilizing the spaces are unlikely to need the spaces at the same time.
[Added 2-14-2006 by L.L. No. 2-2006]
SIGN
Any kind of billboard, signboard, 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.
SIGN, AREA
The entire area within a single, continuous perimeter enclosing
the extreme limits of writing, representation, symbol, trademark or
logo, together with any frame or other material or color forming an
integral part of the display or used to differentiate such sign from
the background against which it is placed, but excluding the necessary
supports on which such sign is placed. Only one face of the sign shall
be used in measuring the sign area.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, IDENTIFICATION
A permanent sign which directs attention to a business or
profession conducted upon a property that indicates the name, street
address, date established and/or phone number of the business. Such
sign may be wholly or partly devoted to a readily recognized symbol,
trademark or logo.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, MONUMENT
A freestanding identification sign that is erected upon a
masonry base or mounted between two wood support columns. A monument
sign shall be constructed of material similar in nature or complementary
to the building which it identifies and may contain letters, numbers,
trademarks and logos.
[Added 8-13-2002 by L.L. No. 5-2002]
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, PROJECTING
An identification sign attached to a building, whether by
brace(s), bracket(s) or other connecting device(s), that hangs perpendicular
to the building facade at the cornice level. Such signs are limited
to two sides.
[Added 8-13-2002 by L.L. No. 5-2002]
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, SANDWICH BOARD
A temporary sign with a self-supporting structural A-frame
design that is no more than six square feet in area and is intended
to display daily specials of the business property on which the sign
is located. Said sign is intended to be portable and must be removed
and stored indoors at the close of each business day.
[Added 8-13-2002 by L.L. No. 5-2002]
SIGN, TEMPORARY
Any sign, banner or other advertising device that is not
permanently attached to the ground or other pertinent structure and
that is intended to attract attention to an activity, sale or event
on the property on which the sign is located.
[Amended 8-13-2002 by L.L. No. 5-2002]
SIGN, WINDOW
Any sign attached to the glass area of a window or placed
behind the glass of a window so that it can be read from out of doors.
[Added 8-13-2002 by L.L. No. 5-2002]
SKILLED NURSING FACILITY
A facility for individuals requiring medical and/or nursing
care as defined in Article 28 of the Public Health Law or Article
23 or 31 of the Mental Hygiene Law.
[Added 5-28-1985 by L.L. No. 6-1985]
SPECIAL EXCEPTION USE
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of §
305-52.
STOOP
An entry platform at the front of a building.
[Added 2-14-2006 by L.L. No. 2-2006]
STOREFRONT
The portion of a building's first floor that is made available
for retail use. Storefronts shall be directly accessible from sidewalks.
[Added 2-14-2006 by L.L. No. 2-2006]
STORY
A space in a building between the surface of any floor and
the surface of the next floor above or, if there is no such floor
above, then the space between such floor and the ceiling or roof above.
[Added 2-14-2006 by L.L. No. 2-2006]
STREET
Any federal, state, county, town or Village road or any street
shown upon a subdivision plat filed in the County Clerk's office.
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
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches (610 mm) deep. This includes
in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
TBA STORE
A building or lot or part thereof supplying, selling and
installing motor vehicle tires, batteries, shocks, mufflers, exhaust
pipes and accessories, and may include accessory facilities for rendering
service for motor vehicles, such as lubrication, tire balancing, wheel
alignment and minor repairs, provided that no outdoor work or storage
shall be permitted nor be used for the sale, renting or display of
automobiles, trailers, mobile homes, boats or other vehicles, body
or fender work or painting.
[Added 2-14-1984 by L.L. No. 2-1984]
TEMPORARY CIRCUS HEADQUARTERS
The premises and buildings, tents or enclosures used by a
not-for-profit circus organization for the housing, training and rehearsing
of its personnel and animals for six to 10 weeks per year and the
storage of its equipment. Notwithstanding the foregoing, nothing shall
preclude such circus organization from providing year-round housing
for a caretaker of the premises or for the keeping of performance
horses beyond the six- to ten-week period, provided that said horses
are suitably cared for and maintained by a trainer or other caretaker.
The premises shall not be used in whole or in part for the conduct
of amusement or entertainment for profit; however, this provision
shall not be construed as preventing the utilization of the premises
for benefits or performances for a recognized charity or for educational,
cultural or community purposes.
[Added 4-13-1993 by L.L. No. 1-1993; amended 8-8-1995 by L.L. No.
4-1995]
TOWNHOUSE
A single-family dwelling with common walls on at least one
side with other single-family dwellings and oriented so that all exits
open to the outside. Such units may be on an individual lot owned
in fee simple, by condominium or cooperative ownership or on a rental
basis.
[Added 2-14-2006 by L.L. No. 2-2006]
TOWNHOUSE ASSOCIATION
A not-for-profit corporation pursuant to the New York State
Not-for-Profit Corporation Law that is established to operate and
maintain common areas and recreational amenities on behalf of the
homeowners within a townhouse project.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE BUILDING
A main building consisting of at least three vertically attached
single-family dwelling units for the purpose of occupancy and ownership,
designed and constructed so as to allow for the sale of individual
dwellings, including the lot and appurtenances thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE LOT
A lot in which the property lines run from the front lot
line through the center of the common party walls of attached interior
units and continue to the rear lot line. Such lot shall be configured
to allow separate ownership of each lot and the dwelling thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE PROJECT
A land development project consisting of at least one townhouse
building, as defined herein, and all open space and amenities thereon.
[Added 6-12-2007 by L.L. No. 4-2007]
TOWNHOUSE UNIT
An individual attached single-family residence within a townhouse
building.
[Added 6-12-2007 by L.L. No. 4-2007]
TRADITIONAL NEIGHBORHOOD
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are in close proximity to each other.
[Added 2-14-2006 by L.L. No. 2-2006]
VARIANCE
A modification of the regulations of this chapter, granted pursuant to the provisions of §
305-54.
[Amended 3-8-2011 by L.L. No. 4-2011]
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
case of retaining walls or bulkheads.
WAREHOUSE
A building, a part of a building or a group of buildings
used for the storage or storage and distribution of goods, wares and
merchandise by one or more commercial or business interest and not
open to the public. A warehouse shall not be construed to mean a self-storage
center.
[Added 2-14-2006 by L.L. No. 2-2006]
WOOD MANUFACTURE
Manufacture of wood products and use of machinery incidental
thereto not exceeding 75 horsepower, which is not detrimental to the
environment in which it is located by reason of the emission of waste,
smoke, odor, noise, vibration or excessive light beyond the limits
of its lot, and includes outdoor storage of materials or open storage
yard, provided that it is completely enclosed and screened by a solid
wall or fence not less than six feet in height along the boundary
with Village residential districts and on other sides by such other
type enclosure as is allowed under the provisions of this chapter.
YARD, FRONT
A space on the same lot with a building situated between
the nearest roofed portion of a main 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 a main building and the rear lot line
of the lot, and extending from side lot line to side lot line.
YARD, SIDE
A space on the same lot with a building situated between
the nearest roofed portion of a main building and the side lot line
of a 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.