Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural
and the plural the singular, and the word "shall" is intended to be
mandatory.
Any question as to the precise meaning of any word used in this
chapter may be appealed to the Zoning Board of Appeals and clarified
under its powers of interpretation.
Specifically defined words are as follows:
A subordinate structure located on the same lot with the
main structure, occupied by or devoted to an accessory use. This shall
include satellite dish antennas. Where an accessory structure is attached
to the main structure in a substantial manner, as by a wall or roof,
such accessory structure shall be considered part of the main structure.
A use incidental and subordinate to the principal use and
located on the same lot with such principal use or structure.
A retail or wholesale operation providing for the packaging
or processing of fruits and vegetables and their sale at retail or
wholesale, provided that not less than 20% by volume of such fruits
and vegetables are grown on the property for which the zoning permit
is granted.
[Added 4-16-2020 by L.L. No. 1-2020]
Office establishments primarily engaged in supplying landscaping,
horticultural services, veterinary and other animal services and farm
labor and management services, and the necessary storage of equipment
and materials.
Land containing at least two acres which is directly related
to the raising of livestock, or the growing of crops for the sale
of agricultural produce, including farm structures, storage of agricultural
equipment, horticultural and fruit operations, riding and boarding
stables, and the like; and as an accessory use the sale of agricultural
or forest products raised on the property.
Any facility for the purpose of engaging aircraft to flight.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
to another.
A building, other than a hotel, where lodging and meals for
up to five unrelated persons are provided for compensation. These
rooms, individually or collectively, do not constitute separate dwelling
units.[1]
A structure having a roof supported by columns or walls and
intended for the shelter or enclosure of persons, animals or property.[2]
Line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches whether enclosed or unenclosed but does not
include steps.
Vertical distance measured from the average elevation of
the proposed finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs, and to the average height
between eaves and ridge for other types of roofs.
Any building with a ground coverage of 100 square feet or
less.
A commercial activity characterized by the transformation
of substances into new products (including the assembly of component
parts of manufactured products) such as are normally associated with
plants, factories and mills utilizing power-driven machinery and materials-handling
equipment.
A commercial activity characterized by the direct on-premises
sale of goods and services to the ultimate consumer, including on-premises
manufacturing, processing and servicing and preparation customarily
associated therewith and generally involving stock-in-trade such as
are normally associated with department stores, food markets and similar
establishments, but also including financial institutions, business
and professional offices and services, restaurants and bars.
A commercial activity characterized by the sale of merchandise
to retail, manufacturing, institutional or other wholesale establishments
in bulk, including on-premises storage and distribution facilities.
Land on which are located one or more cabins, trailers, shelters,
houseboats or other accommodation suitable for seasonal or temporary
living purposes, excluding mobile homes.
A certification by the Zoning Officer that a lot, structure
or use of land has been developed in conformity with an approved zoning
permit and/or complies with the provisions of this chapter and may
be occupied and used for the purposes specified in such zoning permit
and/or certificate of compliance.
Building or use catering exclusively to club members and
their guests for recreational purposes, and not operated primarily
for profit. Includes YMCA, YWCA, YMHA, fraternity, sorority, lodge,
religious and similar "clubs" which may have dormitory accommodation.
Any location used, or intended to be used, for the open storage
of building materials and the equipment customarily used in the building
contracting business.
Includes public or private meeting hall, or place of assembly,
not operated primarily for profit.
That percentage of the lot area covered by the building area,
which shall include porches or carports open at the sides but roofed
and all principal and accessory buildings.
Any use defined as a child day-care center in § 390,
Subdivision (1)(c), of the Social Services Law of the State of New
York.
[Added 7-18-1996 by L.L. No. 2-1996]
Any use defined as a family day-care home in § 390,
Subdivision 1(e), of the Social Services Law of the State of New York.
[Added 7-18-1996 by L.L. No. 2-1996]
Any use defined as a group family day-care home in § 390,
Subdivision 1(d), of the Social Services Law of the State of New York.
[Added 7-18-1996 by L.L. No. 2-1996]
Includes fraternity, sorority, nurses' home and college
dormitory.
Building or part thereof used as living quarters. The terms
"dwelling," "single-family dwelling," "two-family dwelling" or "multiple-family
dwelling" shall not include a motel, hotel, boardinghouse, tourist
home, dormitory, mobile home or similar structure.
Building used as living quarters by three or more families
living independently of each other.
Detached building used as living quarters by one family.
Building used as living quarters by two families living independently
of each other.
A complete self-contained residential unit, with living,
sleeping, cooking and sanitary facilities within the unit, for use
by one family.
Erection, construction, alteration, operation or maintenance
by municipal agencies or utilities of telephone dial equipment centers,
electrical or gas substations, water treatment or storage facilities,
pumping stations and similar facilities.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or soil for sale, as an industrial or commercial
operation, but does not include the process of grading a lot preparatory
to the construction of a building which has an approved zoning permit.
One or more persons living, sleeping, cooking or eating on
the same premises as a single housekeeping unit.
Any place or premises located on an agricultural use within
any Agriculture Zone (AG) in which wine is manufactured adn sold,
and is licensed by the New York State Liquor Authority as a farm or
commercial wintery. A farm winery may include a restaurant as an accessory
use subject to obtaining a special use permit from the Planning Board.
[Added 6-16-2011 by L.L.
No. 2-2011]
The gross floor area of all buildings on a lot divided by
the lot area.
An establishment with facilities for the preparation of the
dead for burial or cremation, for the viewing of the body and for
the observances held for a dead person as an incident to burial or
cremation.
An accessory building not operated for gain and used in conjunction
with a principal building which provides for the storage of motor
vehicles and/or other household items.
Any garage, other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles.
Land, structures or buildings used for the cultivation of
flowers, plants or shrubs for subsequent sale, including on-premises
accessory retail sales of flowers, plants or shrubs and on-premises
retail sales of accessory products, tools and equipment.
A nonresidential activity conducted within a dwelling or mobile home in accordance with the provisions of § 250-41 of this chapter.
Includes sanitarium, clinic, rest home, nursing home, convalescent
home, home for the aged, and any other place for the diagnosis and
treatment of human ailments.
The process of recovering and/or developing natural gas or
oil trapped behind shale, rock, or other natural formations and which
is generally accomplished by a well which is drilled into the ground
and then horizontally from the well head, after which water, sand,
and/or chemicals are injected into the well, breaking or fracturing
the shale or other natural structures under the ground and intending
to release natural gas or oil from the ground.
[Added 10-20-2016 by L.L.
No. 1-2016]
A planned, coordinated development of a tract of land with
two or more separate industrial/commercial buildings. Such development
is planned, designed, constructed and managed on an integrated and
coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design and orientation
and open space.
Land or building used for the collecting, storage or sale
of wastepaper, rags, scrap metal or discarded material; or for the
collecting, wrecking, dismantling, storage, salvaging and sale of
machinery parts or vehicles not in running condition.
An area of 7,500 square feet or more where loam, rock, stone,
gravel, sand, cinders or soil are deposited and compacted.
[Added 7-18-1996 by L.L. No. 2-1996][3]
Off-road space used for the temporary location of one licensed
motor vehicle, which is at least 12 feet wide and 40 feet long, not
including access driveway, and having direct access to a road.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required, having
not less than the minimum area, width and depth required for a lot
in the district in which such land is situated, and having frontage
on a road, or other means of access as may be determined by the Planning
Board to be adequate as a condition of the issuance of a permit for
a building on such land.
Total area within the property lines excluding any part thereof
lying within the boundaries of a public road or proposed public road.
That percentage of the lot area covered by the building area,
including all principal and accessory structures, porches and carports
that are open at the sides.
The distance between the boundaries of a lot measured at
their points of intersection with the road right-of-way line.
Property lines bounding a lot.
A structure, transportable in one or more sections, which
is at least eight feet in width and 32 feet in length, which is built
on a permanent chassis and designed to be used as a dwelling, with
or without a permanent foundation, when connected to the required
utilities. A mobile home shall be construed to remain a mobile home,
subject to all regulations applying thereto, whether or not wheels,
axles, hitch or other appurtenances of mobility are removed and regardless
of the nature of the foundation provided. This term shall not include
factory manufactured homes known as "modular homes" bearing an insignia
issued by the State Fire Prevention and Building Code Council as required
in 19 NYCRR 1210. This term shall not include travel trailers or other
forms of recreational camping vehicles.[4]
Land on which two or more mobile homes are parked and occupied
for living purposes.
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for the general public and which may contain accessory facilities
such as restaurants, meeting rooms, retail business activities and
related activities primarily to accommodate the occupants, but open
to the general public. The term "motel" includes buildings designated
as auto cabins, auto courts, motor lodges, tourist courts and similar
terms.
A building, or portion of a building, arranged, intended
or designed to be used commercially for making repairs to motor vehicles.
Establishment for display and sale of new and used motor
vehicles, trailers, mobile homes and boats.
A lot, structure or use of land which does not conform to
the regulations for the district in which it is located, where such
use conformed to all applicable laws, ordinances and regulations prior
to enactment or amendment of this chapter or the Zoning Ordinance
replaced by this chapter.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A tract of land used for the temporary parking of motor vehicles
when such use is not accessory to any other use.
Off-road space used for the temporary location of one licensed
motor vehicle, which is at least nine feet wide and 22 feet long,
not including access driveway, and having direct access to a road.
Includes barber, hairdresser, beauty parlor, shoe repair,
shoe shine, laundry, laundromat, dry cleaner, photographic studio
and businesses providing similar services of a personal nature.
The aboveground or underground storage of petroleum products
such as gasoline, heating oil, heavy residual fuel oils, kerosene
or reprocessed waste oil which has a combined storage capacity of
1,100 gallons or more, and is not accessory to a farm operation.
Any pipe, whether above or below the ground, for the transmission
of any fluid or gas, which is over 2,000 feet in length and is not
accessory to the operation of a farm or private residence.
A structure through which the principal use of the lot on
which it is located is conducted.
The primary or predominant use of any lot.
Residence in which the occupant has a professional office
which is clearly secondary to the dwelling use for living purposes
and does not change the residential character thereof, and where not
more than one person outside the family is employed.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Buildings in which the primary or intended occupancy or use
is the assembly for amusement, athletic, civic, dining, educational,
entertainment, patriotic, political, recreational, religious, social,
sports or similar purposes.
Any enclosed motor vehicle or trailer used or designed to
be used for recreational travel and temporary living and/or sleeping
purposes including motor homes, truck campers, camping trailers, campers,
travel trailers, pop-up trailers, tent trailers and overnight trailers.
Includes bowling alley, theater, table tennis, pool hall,
skating rink, gymnasium, swimming pool, hobby workshop and similar
places of indoor commercial recreation.
Includes golf driving range, golf pitch and putt course,
par three golf course, outdoor amusement park, hunting preserve, golf
course, trap, skeet and archery range, skating rink, riding stable,
park, lake and beach, tennis court, recreation stadium, publicly owned
and operated playground, playfield, park, open space and swimming
pool.
Includes church, temple, parish house, convent, seminary
and retreat house.
An establishment at which food is sold for consumption to
patrons seated within an enclosed building or on the premises. However,
a snack bar or refreshment stand at a public or quasi-public or community
pool, playground or park operated by the agency or group or an approved
vendor operating the recreational facilities and for the convenience
of the patrons of the facility shall not be deemed to be a restaurant.
An establishment that sells gasoline to the public. This
includes service stations, convenience stores, car washes or any other
facility that sells gasoline.
Public road, or road on an approved subdivision plat, for
vehicular traffic which affords the principal means of access to abutting
properties.
The right-of-way line of a road as dedicated by a deed or
record. Where the width of the road is not established, the road line
shall be considered to be 25 feet from the center line of the road
pavement.
A stall or booth of a temporary nature for the sale of farm
or garden products grown on the premises.
Industrial uses which meet the performance standards, bulk
controls and other requirements established in this chapter.
[Added 7-18-1996 by L.L. No. 2-1996]
Includes parochial, private, public and nursery school, college,
university and accessory uses; and shall exclude commercially operated
school of beauty culture, business, dancing, driving, music and similar
establishments.
A group of stores, shops and similar establishments occupying
adjoining structures all of which may be deemed one building if designed
as an architectural unit and if it has adequate space in the rear
for loading and unloading commodities.[5]
A process for the Planning Board review of site characteristics
of a use prior to the Zoning Officer issuing a zoning permit.
A permit for a use which must be approved by the Planning
Board granting permission to the Zoning Officer to issue a zoning
permit.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it, and including those basements used for the principal
use.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Includes any vehicle used as sleeping or living quarters
mounted on wheels or a camper body usually mounted on a truck; and
any vehicle which is customarily towed by a motor vehicle and used
for carrying goods, equipment, machinery or boats or as an office.
The purpose or activity for which land or structures are
designed, arranged or intended, or for which land or structures are
occupied or maintained.
Any departure from the strict letter of this chapter granted
by the Zoning Board of Appeals as it applies to a particular piece
of property.
Facilities, including windmills, energy storage devices,
and related materials, hardware or equipment necessary to the process
by which wind is converted into another form of energy such as thermal,
electrical, mechanical or chemical, and such energy is stored, protected
from unnecessary dissipation and distributed for private and/or commercial
purposes. Wind power generating facility shall include related and
associated structures used to house or enclose all or part of such
facilities.
[Added 3-21-2002 by L.L. No. 2-2002]
An open space located on the same lot with a structure, unoccupied
and unobstructed from the ground up, except for accessory structures,
or such projections as are expressly permitted in this chapter.
The space within and extending the full width of the lot
from the road line to the part of the principal building which is
nearest to such road line. If a lot adjoins two or more roads, it
shall be deemed to have a front yard respectively on each.
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
A board appointed by the Town Board pursuant to § 267
of the Town Law to hear and decide appeals of this chapter.
Any person appointed by the Town Board to enforce the provisions
of this chapter.
A permit issued by the Zoning Officer certifying that all
plans for the use and development of land comply with the regulations
of this chapter and granting permission to commence development activities
in conformity with the conditions of the approved permit.
[3]
Editor's Note: The former definition of "light industry,"
which immediately followed this definition, was repealed 7-18-1996
by L.L. No. 2-1996.
