For the purpose of this chapter, all words used in this chapter
shall carry their customary meanings, except where specifically defined
herein. Words used in the present tense include the future tense.
Singular includes the plural and the plural includes the singular.
The word "district" includes the plural "districts." The word "lot"
includes the word "plot." The word "person" includes a firm, association
or organization, partnership, trust, company or combination, as well
as an individual. The words "shall" and "must" are mandatory. The
words "used" or "occupied" include the words "intended, designed or
arranged to be used or occupied," and the words "occupancy" and "use"
shall be construed as similarly qualified. When doubts arise as to
the meaning of words, phrases, sentences and paragraphs, their precise
meaning, applicable to specific cases, shall be determined by the
Zoning Board of Appeals.
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure on the same lot and of a nature customarily
incidental and subordinate to the principal use or structure and may
include alternate energy systems.
The use of land for agricultural purposes including tilling
of the soil, dairying, pasture, apiculture, arboriculture, horticulture,
floriculture, viticulture, forestry, animal and poultry husbandry
and the necessary accessory uses for packing or storing of products,
provided that the operation of any such accessory uses shall be secondary
to that of normal agricultural activities, and provided further that
such uses shall not include the commercial feeding of garbage and
offal to swine or other animals.
A business engaged in performing agricultural, animal husbandry
or horticulture services on a fee or contract basis, including corn
shelling, hay bailing and combining; sorting, grading and packing
fruits and vegetables for the grower; agricultural produce milling
and processing; horticultural services; crop dusting; fruit picking;
grain cleaning; land grading; harvesting and plowing.
Any facility or area used 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.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on a site and may be attached to or separate from
the principal structure. Current examples include windmills, solar
collectors, solar greenhouses, heat pumps or other related devices.
For the purposes of this chapter, this definition shall apply to individual
residences or businesses; commercial generating plants are excluded.
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage or recreation of the public three or
more coin-controlled amusement devices, including the types commonly
known as pinball, baseball, football and video games.
A business that treats animals and regularly houses them
on the premises overnight or for such periods as may be required for
their proper treatment.
The keeping, raising, feeding and care of animals other than
household pets; beekeeping; fur farming and all other activities whether
or not commonly known as farming involving the raising of any type
of animals.
A dwelling unit for rent or lease within or attached to a
larger structure that is incidental and subordinate to the primary
use of that structure and not under separate ownership. An accessory
apartment is secondary in nature to a remaining structure and has
not more than 800 square feet of living area with or without separate
entrances or interior connecting doors, or is in a separate accessory
building on the same lot.
Approved by the Zoning Enforcement Officer under the regulations
established by this chapter and such other appropriate regulations
as may be applicable.
An establishment designed for the washing, waxing, simonizing
or similar treatment of automotive vehicles as its principal function.
A filling station or retail gasoline station or outlet having portable
washing equipment shall not be deemed to be an automobile laundry
where such use is an accessory service to the principal service of
selling fuel for motor vehicles.
A story partly underground but having less than 1/2 of its
clear height below the average finished grade.
Any establishment occupied by the owner which lets three
or less rooms for hire for transient occupancy and which is not a
hotel or motel.
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.
An area bordering the zoning district boundary between one
zone and another or bordering any lot line between lots with different
use authorizations reserved for plantings, fencing or other similar
screening devices for the purpose of creating a transition area wherein
adjoining uses do not detract from one another.
Any structure which is affixed to the land, has one or more
floors and a roof, and is intended for the shelter, housing or enclosure
of person, animals or chattel but shall not include any structure
having a horizontal area of less than 140 square feet.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks, silos, cupolas, domes, belfries, flagpoles, stage towers
or scenery lofts, radio or television towers, transmission lines or
towers or similar structures and projections.
A line parallel to the lot line, or to the major portion
thereof, transecting that point in a building face which is the closest
to such lot line. The building face includes sun parlors, breezeways
and porches, whether enclosed or unenclosed, but does not include
steps (see "setback–front").
The building line nearest the front street line, or if there
are street lines on two or more sides of the building, it is the building
line so fronting in which the principal entrance is located.
Small commercial establishments catering primarily to nearby
residential areas which provide convenience goods and services, including
but not limited to grocery stores (of less than 5,000 square feet
in floor area), drugstores, beauty salons, barber shops, laundromats,
carry-out dry cleaning and laundry pickup stations.
An establishment engaged in sale of goods or services not
otherwise identified in this section and includes retail business.
A commercial establishment primarily providing services,
rather than selling products.
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of trailers, tents
or moveable or temporary dwellings, rooms or sleeping quarters of
any kind.
See "recreational trailer."
A roofed structure, with or without enclosing walls, used
for the storage of one or more motor vehicles.
See "automobile laundry."
A story partly underground and having 1/2 or more than 1/2
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the permissible number
of stories.
This term includes any or all of the following; church, cathedral,
temple, synagogue, manse, rectory, convent, parish school or similar
building incidental to the particular use; school for religious education;
convents and other buildings for the housing of students, teachers,
communicants and domestic or maintenance employees; but not including
business offices (except administrative offices incidental to the
operation of the particular use), rescue missions or the occasional
use for religious purposes of properties not regularly so used.
Any organization catering to members and their guests, or
premises and building for recreational, general social or athletic
purposes and not open to the general public, which are not conducted
primarily for gain, providing there are not conducted any vending
stands, merchandising or commercial activities except as required
for the membership and purposes of such club. For the purpose of this
chapter, clubs shall include religious organizations, lodges, fraternal
organizations, mutual benefit societies and other like organizations.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual orders and measure,
for sale at retail on the premises only, and not including the manufacture
of "ready-to-wear" or standardized products.
Care provided for three or more children away from their
own homes for more than three hours but less than 24 hours per day
per child, which care is provided with or without compensation or
payment.
A place other than an occupied residence which provides day
care of children.
Day care of not more than six children provided in a family
home.
Any change made by any person to improved or unimproved real
estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation, or drilling
operations, excluding normal maintenance to farm roads and farm ditches.
Any building or portion thereof designed or used as a residence
for one or more individual persons.
SINGLE-FAMILYA detached residential dwelling designed for occupancy by one family only.
TWO-FAMILYA detached residential building containing two dwelling units designed for occupancy by not more than two families.
MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.
A room or rooms connected together constituting a separate,
independent housekeeping establishment and physically separated from
any other rooms or dwelling units which may be in the same structure
and containing independent cooking and sleeping facilities designed
for occupancy by one family.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities or public receiving
and retransmission or communication signals; but does not include
telecommunications towers or service facilities.
A household consisting of a single housekeeping unit occupied
by one or more persons.
Any parcel of land containing at least 10 acres, which parcel
is used for gain in the raising of agricultural products, livestock,
poultry or dairy products, including necessary farm structures. The
term "farm," as used in this chapter, does not include fur farms,
commercial and livery stables, dog kennels and industrial poultry
farms.
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry, or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with, and necessary to the operation of
the farm as defined by this article. The term "farm building" shall
not include "farm dwelling."
Any structure or combination of structures designed or intended
to be used for the housing of persons engaged in casual or per diem
labor on a profit basis for farmers other than the owner of the camp.
A labor camp housing facilities, building or buildings in
which people are housed who are employed in the individual farmer's
personal farming operation.
A structure designed either to limit access to or from a
land area or to screen such area from view, or both.
For the purpose of applying the requirements for off-street
parking and loading, "gross floor area," in the case of offices, merchandising
or service types of uses, shall mean the total floor area to be used
or intended to be used by tenants or for service to the public as
customers, patrons, clients or patients, including areas occupied
by fixtures and equipment used for display or sales or merchandise.
It shall not include areas used principally for nonpublic purposes
such as storage, incidental repair, rest rooms, fitting or alteration
rooms or general maintenance or enclosed pedestrian malls or corridors.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy.
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 building which has been specifically designated as historically
significant by the State of New York, County of Niagara or Town of
Royalton or which is listed in The National Register of Historic Places
or which has been determined to be eligible for listing in the National
Register by the Secretary of the Interior.
An occupation conducted within a single-family dwelling or
an attached or detached accessory structure (including a barn) for
gainful employment involving the manufacturing, provision or sale
of goods and services on or off the premises.
An occupation conducted in a single-family occupied dwelling
or customary accessory structure involving the performance of services
primarily utilized away from the premises, and carried on by members
of the family.
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 dwelling or
customary accessory structure and shall not occupy more than the equivalent
of 1/2 of the area of one floor of the dwelling. For the purposes
of this definition, a "teacher" shall be restricted to a person giving
individual instruction 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. Tea rooms, tourist homes,
beauty parlors, barber shops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments and stores, trades or
businesses of any kind not herein specified 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.
The intensive feeding of animals carried on as an industry
in a limited area where less than 10% by weight of the feedstuffs
consumed by and the litter used for such animals is grown on the premises.
The keeping or raising of more than 5,000 fowl at one time.
A lot, land or structure or part thereof used for the collection,
storage, disassembly, parking, sorting, salvage, buying, selling or
exchange of wastepaper, rags, scrap, or discarded material or machinery
or of any sort, including, house wrecking yards, used building material
yards, structural steel material yards, except as a necessary accessory
to an authorized principal manufacturing use of the lot. "Automobile
junkyards" as defined in § 136 of the General Municipal
Law are also included within the meaning of this definition. Two or
more abandoned, disabled, dismantled or partly dismantled, inoperable,
or unregistered nonfarm vehicles allowed to remain on a premises for
a period of more than 30 days shall also constitute a junkyard. When
located in an A District, the storage of agricultural equipment, machinery
and vehicles intended for use on the premises shall not constitute
a junkyard.
An establishment, with or without cages, dog runs or other
appropriate structures, where more than four dogs over six months
of age are harbored.
The dividing line between the street or road right-of-way
and the lot. For the purposes of this chapter, where the street line
is not readily determinable, the center line of the improvement or
of the traveled way shall be used to compute the location of the street
line.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, to 15 or less transient occupants
for compensation.
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or recordings.
CORNER LOTA parcel of land at the junction of and fronting on two or more intersecting streets.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
The total horizontal area included within lot lines expressed
in terms of square feet or acres. Any portion of a lot included in
a public street or road right-of-way shall not be included in calculating
lot area.
The percentage of the area of the lot covered by a building
or buildings.
The main distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
in the lot.
The front of a lot shall be construed to be the portion nearest
the highway. For the purposes of determining yard requirements on
corner lots and through lots, all sides of a lot adjacent to highways
shall be considered frontage, and yards shall be provided as indicated
under "yards" in this section.
Any boundary line of a lot.
The street right-of-way line at the front of a lot.
The lot line opposite to the front lot line.
The width of the lot between side lot lines at the front
building line as prescribed by the front yard regulations.
Any lot other than a corner lot.
Modification of the height, silhouette and/or ground area
of any telecommunications tower or telecommunications accessory structure,
and/or the addition of telecommunications antennas of a new provider
to an existing tower.[1]
Any site, lot, field, plot, parcel or tract of land on which
two or more mobile homes are parked or located and for which use said
premises are offered to the public or to any person for a fee of any
type, including cost sharing, including the rental of premises and/or
mobile homes.
A structure, transportable in one or more sections which,
in the traveling mode, is eight body feet or more in width or 40 body
feet in length or, when erected on site, is 320 or more square feet,
and 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, and includes the plumbing, heating, air
conditioning and electrical systems contained therein.
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 designed
as auto cabins, auto courts, motor lodges, tourist courts and similar
terms, but shall not be construed to include parking areas for house
trailers or mobile homes.[2]
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles or heavy
equipment.
See "dwelling, multiple-family."
A lot lawfully existing at the time of enactment of this
chapter or any amendment thereto, which does not conform to the area
regulations established by this chapter for the district or zone in
which it is situated.[3]
A building or structure lawfully existing at the time of
the enactment of this chapter or any amendment thereto which does
not conform to the area or dimensional regulations established by
this chapter for the district or zone in which it is situated.[4]
A use of land or structure lawfully existing at the time
of enactment of this chapter or any amendment thereto which does not
conform to the regulations established by this chapter for the district
or zone in which it is located.[5]
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.
Premises, whether or not enclosed, used for the retail sale
of nursery stock and materials and, incidental thereto, the retail
sale of gardening implements, packaged fertilizer, packaged soil conditioners
and additives, pesticides and other materials and supplies customarily
used in the cultivation and maintenance of home garden or landscape.
A school operated on a regular basis to provide daytime instruction
and care to four or more children under kindergarten age.
Space available for the parking of one motor vehicle and
having a width of at least 10 feet and a depth of at least 20 feet
exclusive of passageways and driveways giving access thereto.
An off-street area or berth with an appropriate means of
vehicular access to a street intended for the temporary parking of
vehicles.
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 use,
special use, or allowed as an accessory use shall be considered a
prohibited use.
Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless telecommunications
service.
Commercial mobile services, unlicensed wireless services
and common carrier exchange access services.
Pig farms involving the keeping or raising of more than 25
pigs.
A development of land based on an overall development plan
approved by the Zoning Board of Appeals in accordance with the special
use procedure for commercial and industrial uses not permitted or
allowed as of right. Such an overall development plan may provide
for a variance of the dimensional regulations as provided in this
chapter.
A residential development of land based on an overall development
plan approved by the Zoning Board of Appeals in accordance with the
special use procedure of this chapter in which the regulations of
this chapter and the type of housing may be varied as provided in
this chapter and where certain lands are set apart as permanent open
space or common land.
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted or special use or allowed as an
accessory use.
The words "public and semipublic buildings and grounds" as
used in this chapter are intended to designate but are not limited
to any one or more of the following uses, including grounds and accessory
buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by a governmental authority.
State-licensed nursery schools, elementary schools, high schools,
colleges or universities.
Golf courses and country clubs, but not including clubs whose
activities include the maintenance, storage or takeoffs or landings
of aircraft.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety buildings.
Proprietary or not-for-profit hospitals for the care of human
beings, nursing homes, convalescent homes, homes for adults, homes
for the aged as the same are defined under the Public Health Law or
the Social Services Law of the State of New York, provided that they
are duly licensed by the State of New York.
Not-for-profit membership corporations established for cultural,
social or recreational purposes.
Recreational facilities, either for profit or not-for-profit,
such as for swimming, tennis, bowling, hockey, ice skating or other
indoor or outdoor sports.
Recreation area is the sum of all open areas and covered
areas used for recreation purposes.
Any recreational trailer, camping trailer, mobile dwelling
used for temporary living quarters while traveling or for recreation
or vacations, or pickup coach designed for mounting on a truck chassis
used for temporary living quarters.
A vehicle built on a chassis designed to be towed and used
as a temporary dwelling for travel, recreational and vacation uses.
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.
Any establishment, however designated, where food and beverages,
whether or not alcoholic, are sold to the public for consumption within
an enclosed building or on the premises.
Any establishment that sells gasoline to the public. This
includes service stations, convenience stores, car washes or any other
facility that sells gasoline.
Right of ingress and egress over a particular parcel of privately
owned property, which right does not inure to the benefit of the general
public.
The area dedicated or reserved for travel and usage between
the lines indicated by dedication, deed of record or as appearing
on a duly adopted Official Map, such lines to be determined in the
instance of any question by the Zoning Enforcement Officer.
A street which primarily functions to give direct access
to abutting property. Local roads are the internal part of the system
to provide vehicular movement within residential or other land use
areas.
A through road, street or highway, or a street or highway
connecting through roads with each other.
A street or highway other than a major road serving to connect
major roads with each other or designed to handle internal movement
within the community.
A major traffic artery designed to move traffic in relatively
large volumes and at relatively high speeds by the most direct practical
route.
A structure or vehicle used for the display and sale of merchandise
including farm products which is maintained in a required yard area
abutting a road.
Any dish-shaped accessory structure capable of receiving,
for the benefit of the principal use, radio or television signals
from a satellite in planetary orbit.
See "roadside stand."
The required open unoccupied space measured from the rear
lot line to the nearest part of the main or accessory structure.
The required open unoccupied space between the street line
and the front of the main structure, including porches and similar
structures, but not including entrance steps on the front of the main
structure (see "building line").
The required open unoccupied space measured from the side
lot lines to the nearest part of the main or accessory structure.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others. "Sign" includes, by way of example and not by
way of limitation, a billboard, signboard, pennant, and includes any
text, symbol, lights, marks, letters or figures painted thereon or
incorporated in the composition of an exterior surface of a building
or structure.
A temporary or permanent sign which directs attention to
a business or profession conducted upon the same property.
A temporary or permanent sign on the same property which
directs attention to a resident's home, a home occupation, a home
professional office or a public or semipublic building.
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.
A temporary sign which directs attention to a special activity
or entertainment or one which indicates the location of a real estate
subdivision or lot.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A review and approval process conducted by the Planning Board
whereby site plans are reviewed.
Space open to the sun and clear of overhangs or shade.
A particular use which is specifically permitted in a given
district only when the particular location is determined to be appropriate
and when conditioning criteria enumerated or imposed by the Zoning
Board of Appeals in this chapter are met.
Any federal, state, county or municipal highway or road or
any dedicated street shown upon a subdivision plat filed in the County
Clerk's Office.
The limit of the street width or highway right-of-way, whichever
is greater.
Anything constructed or erected with a fixed location on
or under the ground or attached to something having a fixed location
on the ground. Among other things, "structures" include buildings,
mobile homes, walls, fences, signs, billboards, and storage tanks.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.
Antenna designed to transmit or receive communications as
authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications, antennas are described as follows:
A tower greater than 35 feet in height and which does not
exceed 300 feet in height (including antenna) and which supports communication
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include amateur radio operators' equipment as licensed
by the FCC. Design examples of telecommunications towers are described
as follows:
An activity conducted for no longer than a specified limited
period of time. Examples of such uses are buildings incidental to
new construction which are removed after the completion of the construction
work.
A dwelling in which overnight accommodations are provided
for transient guests for compensation.
Includes any tower, edifice, pole or other structure, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as or the support of devices to be used for the
transmission and/or reception of radio frequency signals, such as,
but not limited to broadcast, shortwave, citizens band, FM or television
signals.
A land area occupied or designed for occupancy by two or
more tent trailers, camp cars and recreational vehicles in use for
living purposes.
See "recreational trailer."
The specific purposes for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardship, pursuant to the variance provisions of Article IX.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public street or highway.
A structure of wood, stone or other materials or combination
thereof intended for security, screening or enclosure, or for the
retention of earth, stone, fill or other materials as in the case
of retaining walls or bulkheads.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front line, exclusive of steps.
An open space extended across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory 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 the building parts other than two feet for rain
water leaders, window sills and other such fixtures and open steps.
A certificate issued by the Zoning Enforcement Officer stating
that a structure or the use thereof is in compliance with this chapter.
The official designated to administer and enforce this chapter.
A document issued by the Zoning Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformance with this chapter.
