Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future, and the plural includes the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "shall" is intended to be mandatory;
"occupied" or "used" shall be considered as though followed by the
words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
Businesses designated principally for serving the needs of
farm operations such as farm implement stores and feed stores.
Land containing at least five acres which is used for raising
livestock or agricultural products, including farm structures and
the storage of agricultural equipment; and, as an accessory use, the
sale of agricultural products raised on the property. Cultivation
of woodlots is considered an agricultural use.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exterior 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 keeping of five or more cats; or any number of horses,
cattle, pigeons, fowl, rabbits, sheep, goats, pigs or other customary
farm animals; or beehives; or animals customarily kept in zoos; or
the keeping of any animals for sale or hire, except for the sale of
animals in commercial pet shops.
Those regulations which refer to dimensional or numerical
requirements in this zoning chapter, such as, but not limited to,
lot size, coverage, percentage of impervious material, building height
and number of parking spaces, density and supplemental regulations
which refer to dimensional or numerical requirements.
A basic measure of the critical water contents of a fine-grained
soil and its shrinkage limit, plastic limit, and liquid limit. Establishes
the moisture contents at which fine-grained clay and silt soils transition
between solid, semi-solid, plastic, and liquid states.
[Added 9-12-2022 by L.L.
No. 7-2022]
An owner-occupied one-unit dwelling within which is provided
overnight accommodations for transient guests who stay up to five
nights and which includes the serving of breakfast but no other meal
to such guests.
[Added 7-10-1989 by L.L. No. 4-1989]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
The line parallel to the lot line beyond which a building
cannot extend under the terms of this zoning chapter. This face includes
sun parlors, enclosed porches and unenclosed porches projected more
than 10 feet from the wall of the building, but does not include steps.
Any one or more of the following, other than a place of detention
or school offering general instructions:
Any area of land on which are located two or more cabins, tents,
trailers, shelters or other accommodations of a design or character
suitable for temporary or seasonal living purposes; or
Any land, including any building thereon, used for assembly
of persons for what is commonly known as "day camp," etc., purposes
and any of the foregoing establishments, whether or not occupied by
adults or by children, either as individuals, families or groups.
Land designated for transient occupancy by camping in tents,
camp trailers, travel trailers, motor homes or similar facilities
designed for temporary shelter.
A certificate issued by the Zoning Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals or Planning Board.
An area centered on the prolongation of the runway beginning
at the runway being 250 feet in width for the first 200 feet from
the runway and then flaring to 450 feet in width for the next 1,000
feet from the runway; see sketch below:
 |
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club. A club shall not create a nuisance in the neighborhood
through noise, traffic or other disturbances or hazards (for example,
a rifle club or a snowmobile club shall be considered a nuisance in
a residential zone).
A building containing transient and/or permanent lodging
facilities for the general public and which generally contains accessory
facilities such as restaurants, meeting rooms, retail business activities
and related activities designed primarily to accommodate the occupants,
but open to the general public. This term shall include motels, inns,
tourist courts and similar commercially oriented transient lodging
facilities.
An activity providing for a program of daily care and supervision
of seven or more people, such as nurseries, preschool programs and
day-care centers.
A dwelling unit built to HUD standards and federal standards, CFR Chapter 24 (metal frame understructure), constructed off site, consisting of more than one section, and built on a permanent metal chassis. Refer to § 134-12.1D for additional requirements.
[Added 5-12-1997 by L.L. No. 3-1997; amended 1-8-2001 by L.L. No.
1-2001]
A dwelling unit manufactured as a single structure so as
to be transportable on its own chassis and wheels (or removable bogie
wheels), whether or not the wheels and any towing hitch are removed
when the unit is installed. Also known as "trailer" and "mobile home,"
irrespective of the name or title assigned by the manufacturer of
the unit. (For the purpose of this chapter, "mobile dwelling" and
"mobile home" are the same.)
A dwelling unit built and installed to New York State Fire
Prevention and Building Codes, Subchapter B, with the components constructed
off site in a manufacturing facility. The dwelling shall be assembled
and permanently installed on the building site, thereby becoming a
fixed part of the real estate. Modular dwelling units have no support
frames. Each factory-manufactured home or component shall bear the
insignia of approval issued by the New York State Fire Prevention
and Building Code. (For the purpose of this chapter, "modular home"
shall be considered the same as a single-family or two-family dwelling.)
[Amended 11-14-1994 by L.L. No. 2-1994; 5-12-1997 by L.L. No.
3-1997; 1-8-2001 by L.L. No. 1-2001]
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units.
A complete self-contained residential unit, with living,
sleeping, cooking and sanitary facilities within the unit, for use
by one family.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site
restoring it, to the greatest extent practical, to its original use.
[Added 9-12-2022 by L.L.
No. 7-2022]
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit, provided that,
unless all members are related by blood, marriage or adoption, no
such single housekeeping unit shall contain more than five unrelated
members.
Any building used for the housing of agricultural equipment,
products, livestock or poultry or for the incidental or customary
processing of farm products, provided that such building is located
on, operated in conjunction with and necessary to the operation of
the farm.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
Any business use customarily conducted entirely within a
residential dwelling which also meets the following conditions:
Such use is carried on solely by the residents of the dwelling
except in the case of a professional home occupation which employs
one nonresident.
Such use does not constitute more than 25% of the gross floor
area of the dwelling, excluding cellars or basements, attics and accessory
structures in the computation of gross floor area. Further, such use
shall be clearly incidental and secondary to the principal use of
the dwelling for dwelling purposes or shall not use more than 600
square feet of an existing garage or accessory building in existence
prior to November 15, 1979.
There is no external evidence of such use except for the permitted
sign.
Sales of homemade crafts shall also be permitted under the definition
of "home occupation." This is not to be confused with sales of craft
supplies and the like, which are forbidden under "home occupation."
This subsection allows the sale of finished homemade crafts intended
for retail sale only, 50% of which must be produced by residents of
the premises.
[Added 9-14-1987 by L.L. No. 11-1987]
"Home occupation" includes offices of accountants, architects,
artists, attorneys, dentists, doctors, engineers, musicians, photographers
and the like.
"Home occupation" shall not include animal hospitals, commercial
stables or kennels, convalescent homes, mortuaries, motor vehicle
repair, music or dancing instruction to groups, furniture refinishing,
laundering, radio and television repair, small appliance repair or
trades and businesses of a similar nature.
Unless otherwise specified, the term "hospital" shall be
deemed to include a sanitarium, sanatorium, preventorium, clinic,
rest home, nursing home, convalescent home and any other place for
diagnosis, treatment or other care of ailments and shall be deemed
to be limited to places for the diagnosis, treatment or other care
of human ailments; hospitals shall be licensed by New York State.
A contract between a developer and a local governing body,
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
[Added 9-12-2022 by L.L.
No. 7-2022]
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or more than one vehicle, either unlicensed
or not in operating condition and not stored in a garage.
Any premises on which three or more dogs over four months
of age are kept.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 9-12-2022 by L.L.
No. 7-2022]
The act of changing or enhancing the natural features of
a plot of ground (usually around a building) so as to make it more
attractive, as by adding lawns, trees, bushes, shrubs, etc.
A parcel of land occupied or designed to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
The horizontal distance between the front and rear lot lines,
measured as right angles to the front lot line.
The property lines bounding the lot.
The horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
Land, with or without frontage, upon which are erected facilities
for and used in conjunction with commercial sales, storage and servicing
of watercraft and/or the sale of parts, supplies and equipment for
use with watercraft. "Marina" shall include boatyards and yacht clubs.
A unit of electrical power equal to 1,000 kilowatts, which
constitutes a unit of electrical demand.
[Added 9-12-2022 by L.L.
No. 7-2022]
Any area of land or a building designated as a parking space
for two or more mobile homes which are used for living purposes, whether
currently occupied or currently open for public occupancy.
For compensation, in the business of repairing or diagnosing
motor vehicle malfunctions or repairing motor vehicle bodies, fenders
or other components damaged by accident or otherwise.
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
[Added 9-12-2022 by L.L.
No. 7-2022]
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
[Added 12-11-2017 by L.L.
No. 11-2017]
A use, accessory use, structure, secondary structure, accessory
structure, lot, yard or any other activity, component or dimension
relating to the use of land and the improvement thereon which does
not comply with the applicable district or general or special regulations
contained in this chapter, but which did comply with the local law
at the time of adoption.
Any fire ignited and maintained. Open burning includes burning
in barrels or modifications thereof. Open fires shall not include
a stove, furnace, or incinerator designed and constructed for the
purpose of burning materials and is designed to prevent the spread
of fire or release of burning particles into the atmosphere.
[Added 4-21-2009 by L.L. No. 2-2009]
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet (10 feet
by 20 feet) exclusive of passageways and driveways.
Any plot of ground used either by a profit or nonprofit organization
for the burial and/or disposal of deceased animals; a service for
which a charge is made or a donation accepted. This does not apply
when the animals to be buried lived on the premises and/or were the
property of the resident of said premises.
The design of a development, including a plat or subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, 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.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 9-12-2022 by L.L.
No. 7-2022]
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
[Added 12-11-2017 by L.L.
No. 11-2017]
Any vehicle, whether drawn, carried or self-propelled, which
is designed to be used as temporary living quarters for travel, recreation
or vacation purposes. This shall include, but not be limited to, motor
homes, boats, travel trailers, camping trailers, tent campers, popup
campers and conversion vans so equipped.
[Amended 10-12-2015 by L.L. No. 5-2015]
Any establishment, however designated, at which food and
beverage is sold for consumption on the premises to patrons seated
within an enclosed building or elsewhere on the premises. However,
a snack bar or refreshment stand at a public, semipublic or community
swimming pool, playground, play field or park operated by the agency
or group of 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."
A one-family dwelling used less than six months per year
for recreational purposes.
A permanent barrier, including but not limited to fences,
bushes or trees or other natural and/or artificial material, at least
four feet high, which obscures the visual character of any given building
or use of land.
A business whose activities consist solely of fueling, changing
oil, water, batteries or tires, replacing fan belts, air filters or
oil filters, installing windshield wiper blades or light bulbs, polishing
and washing, installing or replacing seat safety belts, upholstery
or communications equipment.
The distance between a lot line and principal, accessory
or secondary structure as required by this chapter; where a public
or private right-of-way abuts a lot line, the setback shall be measured
from the boundary line of said right-of-way closest to the interior
of the lot.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
Any sign unrelated to a business or profession conducted
or to a commodity or service sold or offered upon the premises where
such sign is located.
Any sign related to a business or profession conducted or
to a commodity or service sold or offered upon the premises where
such sign is located.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
[Added 12-11-2017 by L.L.
No. 11-2017]
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 12-11-2017 by L.L.
No. 11-2017]
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of Article VIA, a solar energy system does not include any solar energy system of four square feet in size or less.
[Added 12-11-2017 by L.L.
No. 11-2017]
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMA solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in manner that the solar energy system is a permanent and integral part of the building structure.
FLUSH-MOUNTED SOLAR ENERGY SYSTEMA rooftop-mounted solar energy system with solar panels which, unless otherwise provided, are installed flush to the surface of a roof.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEMA solar energy system in which solar collectors panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
[Added 12-11-2017 by L.L.
No. 11-2017]
A device which converts solar energy into electricity.
[Added 12-11-2017 by L.L.
No. 11-2017]
The space between a solar energy system and the sun through
which solar radiation passes.
[Added 12-11-2017 by L.L.
No. 11-2017]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 12-11-2017 by L.L.
No. 11-2017]
A permit for a use considered generally compatible with other permitted uses in a zoning district, but only if certain conditions, as spelled out in § 134-64, are met.
Enclosed buildings used for the keeping of goods, wares,
supplies or equipment, but not including warehouses.
Land used for keeping goods, wares, supplies or equipment,
whether or not protected by a roof.
The limit of the street or highway right-of-way line. For
the purpose of this chapter, "street line" shall be the highway right-of-way
line, whether or not set forth in a deed or shown on a map, defining
the corridors for vehicular and pedestrian traffic used by the general
public.
Anything constructed, erected, installed on or in the ground
or which is attached to something located on or in the ground which
shall be safe and stable. Structures include but are not limited to
stadiums, platforms, radio and television towers, sheds, storage bins,
fences, permanent signs and in-ground swimming pools.
A structure designed to accommodate an accessory use, but detached from the principal structure, such as a garage for vehicles accessory to the principal use, a freestanding storage shed, garden house or similar facility. Any accessory structure attached or contained within a principal structure shall be considered part of the principal structure. An accessory structure shall not include preconstructed or manufactured items previously used or intended for uses other than as an accessory structure or with the intent to repurpose them for storage. Such nonallowable items include but are not limited to semitruck trailers; transport, slipping or similar containers; mobile office containers; prefabricated home shipping containers; roll-off containers; box trailers; pull-box trailers; box truck bodies; buses; campers not otherwise allowed by this Code; and dump/tipper-trailers. Accessory structures used for storage shall be those which have been manufactured and constructed for the intended purpose of nontemporary storage and are typically stick-built or of similar sturdy/permanent construction. Personal on Demand Storage (PODS) may only be approved for use per the regulations of § 134-34.1 herein.
[Amended 5-8-2023 by L.L. No. 3-2023]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the structure to the
highest point of the roof.
A structure designed primarily to accommodate the principal
use of a lot, such as a dwelling house, apartment, office, factory
and other commercial structures. A structure designed to provide closed
storage of vehicles and which is attached to or contained within a
principal structure shall be considered part of the same.
Any tower used for transmitting or retransmitting of radio,
television, cellular telephone, telecommunications, common carriers,
two-way radio, fixed-point microwave or any other signal.
[Added 7-8-1996 by L.L. No. 3-1996]
A use customarily incidental and subordinate to the principal
use or structure and located on the same lot with such principal use
or structure.
An activity which may be carried on independently of any
other activity and which generally characterizes the primary purpose
for which land and/or the principal structures thereon are intended
and designed.
Community facilities for water supply and distribution, sewage
collection disposal or storm drainage, owned and operated by a private
owner or semipublic agency, for three or more dwellings or establishments.
Distribution points, transmission stations, substations,
storage yards, garages and other central building and/or related uses
for the operation and provision of public and semipublic natural gas,
electrical and telephone service licensed by the Public Service Commission.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
in this zoning chapter.
The open space extending the full width of the lot from the
front line parallel to the part of the principal building which is
nearest to such front lot line.
An open space extended across the entire width of the lot
from the rear lot line parallel to the part of the principal building
which is nearest to such rear lot line, unoccupied except for accessory
building and open porches.
An open space on the same lot with a principal building between
the principal building and the side line of the lot extending through
from the front yard to the rear yard, into which space there shall
be no extension of building parts other than two feet from rainwater
leaders, window sills and other such fixtures and open steps.
A permit issued by the Zoning Enforcement Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the district in which it is located or is to be located.
[Amended 11-14-1994 by L.L. No. 2-1994]
