For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows:
A.Â
Words used in the present tense shall include the future tense. The
singular number includes the plural, and the plural includes the singular.
B.Â
The word "person" includes a firm, association, partnership, trust,
company or corporation as well as an individual.
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The word "building" includes the word "structure."
E.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "built, arranged or designed
to be used or occupied."
F.Â
The word "shall" is mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
Usable floor space added to a structure which in plain view
also adds to the ground floor area of that structure and thus alters
its lot coverage percentage, or which creates a projection which reduces
one or more of the structure's yard setback dimensions.
An establishment or business that sells or offers to sell
or lease/rent adult materials that comprise 50 % or more of the gross
receipts of such business location; or adult materials constitute
50% or more of the inventory of such business; or 50% of the promotional
material for the subject premises pertains to the adult materials
such establishment sells or leases/rents.
Any one or more of the following items: photographs, films,
motion pictures, books, magazines, periodicals, pictures, videos,
novelties, devices or paraphernalia that has as its primary or dominant
theme matters depicting, illustrating, describing or relating to sexual
activities.
A service way which affords a secondary public means of vehicular
access to abutting property.
As applied to a structure, a change or rearrangement in the
structural parts or a change in the size or character of any entrance
or other opening, including any window, or which constitutes an enlargement
of interior space such as by extending the height of a portion of
the structure vertically.
A building or portion thereof, the use of which is devoted
to the washing of automobiles, including but not limited to one of
the following types:
CONVEYOR TYPEAn auto wash facility where automobiles progress through the washing process pulled by an electrically operated chain conveyor or by some means other than their own power.
DRIVE-THROUGH TYPEAn auto wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE TYPEAn auto wash facility where automobiles are washed by the drivers of the automobiles, using machinery provided by the manager of the facility.
An establishment primarily engaged in the retail sale of
baked products for consumption off site. The products may be prepared
either on or off site. Such use may include incidental food service.
A place for preparing, cooking, baking, and selling of food products.
A building, with or without a drive-up window, for the custody,
loan, or exchange of money; for the extension of credit; and for facilitating
the transmission of funds. A financial institution that is open to
the public and engaged in deposit banking, and that performs closely
related functions such as making loans, investments, and fiduciary
activities.
A space of full-story height partly below grade and having
at least half of its clear floor-to-ceiling height above the average
grade of the adjoining ground and which is not designed or used primarily
for year-round living accommodations.
An owner-occupied dwelling used for renting accommodations
to transient fee paying guests and providing meals to guests only.
An alignment that dictates the front yard setback from a
street or public right-of-way, to be followed by buildings or structures
fronting thereto. The build-to line does not apply to building projections/porches
or recesses.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
The total ground floor area cumulatively of the principal building, together with that of any accessory building, deck, and porch, but not any entrance steps, or uncovered patio at grade. This total is used in conjunction with lot area to derive this lot coverage maximum percentage for each zoning district. (See the Schedule A foldout charts giving further description to § 295-19.[1])
That area of the lot or plot covered by a building.
A building surrounded by open space on all sides on the same
lot.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential occupancy and the area of bays,
dormers, roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
The 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 roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line established by this chapter, usually parallel to a
property line, beyond which a structure may not extend.
A building in which the main use of the lot is conducted.
There shall be only one principal building per lot
Any establishment that provides cyber-cafe devices to the
public for compensation in any manner, including but not limited to
memberships. Cyber-cafe establishments shall not include businesses
where cyber-cafe devices are clearly incidental to a permitted use.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
Land used for the interment of human remains, including a
burial park for earth interments, which may include a mausoleum for
vault or crypt interments, operated for a not-for-profit organization.[2]
A building used for nonprofit purposes by a recognized and
legally established sect primarily for the purpose of worship. A building
wherein persons regularly assemble for religious worship and which
is maintained and controlled by a religious body organized to sustain
public worship, together with all accessory buildings and uses customarily
associated with such primary purpose. Includes synagogue, temple,
mosque, or other such place for worship and religious activities.
Any retail establishment offering for sale a limited line
of groceries and household items intended for the convenience of the
neighborhood without selling automobile/truck fuel.
A place of residence for bona fide members of a religious
order.
A building of where classes in dance are taught.
Any facility operated for the purpose of providing care,
protection and guidance to individuals during only part of a twenty-four-hour
day and subject to New York State Social Services Law § 390.
Any uncovered and unenclosed raised structure which is accessory
to residential use, the area of which shall be included within the
building area for the purpose of calculating lot coverage percentage.
Any premises used for the sale, dispensing or serving of
food, refreshments or beverages to at least some of its patrons who
are situated in automobiles or picking up food for take out.
That space or area of a lot which is specifically designated
and reserved for the movement of motor vehicles from the lot to a
public street. Such space or area shall be a minimum of nine feet
in width. In no instance shall motor vehicles be parked or stored
within any other area of the front yard except in this designated
space.
A plot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means or for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building or group of buildings containing three or more
dwelling units designed for year-round occupancy by more than two
families living independently of each other.
A detached dwelling unit, other than a mobile home or temporary
structure, designed for exclusive year-round occupancy by one family
only.
Two or more factory-fabricated units which are transported
to the site by means other than on their own chassis, where they are
placed on a permanent foundation and are joined to make a dwelling
unit for year-round living which is capable of complying with all
applicable local and state building codes. The term "sectional" shall
include the term "modular," and such dwelling units shall be deemed
to be one-, two- or multiple-family dwellings, as is appropriate in
the context of this chapter.
A detached building containing two dwelling units, other
than a mobile home or temporary structure, designed for exclusive
year-round occupancy by two families living independently of each
other.
One or more rooms with provision for complete living, sanitary,
cooking and sleeping facilities arranged for the use of one or more
persons living as a single housekeeping unit.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.[3]
A private home in which minor children are given care and
supervision for periods of less than 24 hours a day. The child-care
provider must hold a valid license from New York State subject to
Social Services Law § 390.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
Embalming and the performance of other services used in the
preparation of the dead for burial;
The performance of autopsies and other surgical procedures;
The storage of caskets, funeral urns, and other related funeral
supplies;
The storage of funeral vehicles; and
Facilities for display of the deceased and rituals connected
therewithin before burial or cremation.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor space therein for more than one car is leased
to a nonresident of the premises.
A building or part thereof operated for gain and used for
the storage, hiring, selling, greasing, washing, servicing or repairing
of motor-driven vehicles.
The sale or offering for sale of new, used or secondhand items
of tangible personal property from any one residential premises.
The sale of tangible personal property from residential premises
entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "flea market"
or any similar casual or occasional sale advertised to the public
at large as such.
A building or part thereof used only for the storage of vehicles
for gain and at which automobile fuels and oils are not sold and motor-driven
vehicles are not equipped, repaired, hired or sold.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof. The term "gasoline station"
shall be deemed to include filling station and service station.
A building or portion of a building designed and equipped
for the conduct of sports, exercise, leisure time activities, or other
customary and usual recreational activities, operated for profit or
not-for-profit and which can be open only to bona fide members and
guests of the organization or open to the public for a fee.
Any use customarily conducted entirely within a dwelling
or its accessory buildings and carried on only by the inhabitants
thereof, which use is clearly incidental to the use of the dwelling
as a place of residence and not more than 25% of the floor area of
the dwelling unit is used in the conduct of the home occupation, and
further provided that no article is sold or offered for sale except
as may be produced by the immediate family residing therein. In particular,
a "home occupation" includes but is not limited to the following:
professional office of a physician, dentist, lawyer, engineer, architect
and other similar professions; art or photographic studio; dressmaker
or seamstress; teaching of musical instruments limited to one pupil
at a time; and a barbershop or beauty shop operated only by a resident
of the premises and in which no nonresidents are employed or engaged.
However, a "home occupation" shall not be interpreted to include a
barbershop or beauty parlor or other use in which nonresidents of
the premises are employed or engaged; commercial stable or kennel;
restaurant; tourist or boarding house; animal hospital; convalescent
home; mortuary establishment; and stores, trades or businesses of
any kind herein listed.
A building or structure for the diagnosis and medical or
surgical care of human sickness or injuries, including facilities
for the temporary housing of patients.
A building or structure for the diagnostics and medical or
surgical care of sick or injured animals, including facilities for
the temporary housing of such animals.
A building or group of buildings where transient guests are
lodged for hire, but excluding rooming houses.
A lot, land or structure or, part thereof used for the collecting,
storage or sale of wastepaper, rags, scrap metals, used or salvaged
building or other discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles. It shall mean any
place of storage or deposit, whether in connection with a business
or not, where two or more unlicensed, old or secondhand motor vehicles
no longer in condition for legal use on the public highways are held,
whether for the purpose of resale of used parts or materials therefrom
or not. Such term shall include any place of storage or deposit for
any such purpose of used parts or waste materials from motor vehicles
which, taken together, equal in bulk to two or more such vehicles.
As used herein, the term "vehicle" shall mean passenger-type automobile,
truck, tractor truck, trailer, bus, motorcycle, snowmobile or other
vehicle however propelled, as well as tractors, bulldozers, machinery
and similar equipment.
A business premises equipped with individual clothes washing
or cleaning machines for use by retail customers, exclusive of laundry
facilities provided in an apartment, fraternity, sorority, residential
hotel or club.
A parcel of land considered as a unit, occupied or capable
of being occupied by a building or use and accessory buildings or
uses or by a group of buildings united by a common use or interest
and including such open space as are required by this chapter and
having its principal frontage on a public street or an officially
approved place.
The total area included within lot lines. No part of the
area within a public right-of-way may be included in the computation
of lot area.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property lines bounding the lot.
FRONT LOT LINEThe lot line separating the lot from the street right-of-way.
REAR LOT LINEThe lot line opposite and most distant from the front lot lines.
SIDE LOT LINEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
A lot having frontage on two approximately parallel or converging
streets, other than a corner lot.
The distance between side lot lines, measured parallel to
the front lot line at a distance from the front lot line equal to
the front yard specified for the district.
Commercial uses that have minimal impacts on the neighboring
properties, traffic generation, and public safety, including businesses
that fit the scale and character of the adjacent neighborhood and
that meet the daily needs of area residents.
The development of a tract of land, building or structure
with a variety of complementary and integrated uses, such as but not
limited to residential, office, retail, or service in compact, urban
form.
A structure bearing a seal issued by the United States Department
of Housing and Urban Development (HUD), transportable in one or more
sections, which in its traveling mode, is eight body feet or more
in width or 40 body feet or more in length or, when erected on site,
is 300 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 required utilities, and includes plumbing,
heating, air conditioning, and electrical systems contained therein.
See "self-storage units."
A factory-finished moveable dwelling unit designed and built
on a frame and wheels to be towed on its own chassis to its destination.
Such unit shall have been designed and installed in compliance with
the State Code for the Construction and Installation of Mobile Homes
and Standards, Rules and Regulations for Mobile Homes, effective January
15, 1974, and as it may be amended [as set forth in Volume 9 Executive
(B) of the Official Compilation of Codes, Rules and Regulations of
the State of New York], and further, any such unit shall bear the
required seal noting such compliance. A travel trailer is not to be
considered a mobile home.
A parcel of land which has been planned and improved for
the placement of two or more mobile homes for nontransient use. The
term shall include mobile home court, mobile home park or other area
planned and/or improved for two or more mobile homes.
A building or a use of a building or land legally existing
at the time of enactment of this chapter which does not conform to
the regulations for the district in which it is situated.
Any lot which does not conform to the minimum area or dimensions
required in the district in which it is situated or to the characteristics
normally required of lots in the district where located and which
lot existed on the effective date of this chapter or an amendment
thereto affecting the same.
Devoid of an opaque covering which covers the genitals, pubic
hair, buttocks, perineum, anus of any male or female or any portion
of the breast at or below the areola thereof of any female person.
Any activity where a nude person provides services and a
fee is either charged for the service of any time being offered for
sale concurrently or related to the service, including but not limited
to: talking, reading, listening, singing, modeling, posing, walking,
dancing, haircutting, food or beverage serving, dancing or similar
activities.
Any establishment or business which conducts, carries on
or permits, or engages in nude entertainment.
Facilities for the daytime care or instruction of two or
more children from two to five years, inclusive, and operated on a
regular basis.
A facility for the accommodation of convalescents or other
persons who require skilled nursing care and related medical services
which are prescribed by or performed under the direction of a person
or persons licensed to provide such care or services in accordance
with the laws of the State of New York.
A room or group of rooms used for conducting the affairs
of a business, profession, service industry, or government. A room
or a suite of rooms or portion of a building used for the practice
of a profession or for the conduct of a business that involves the
accessory sale of goods from the premises. If the goods or merchandise
are sold for delivery on or from the premises, and constitutes a portion
greater than 20% of the gross revenue from the office, then the premises
shall be considered to be a store rather than an office.
A nonresidential accessory use to a religious institution.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 180 square feet, exclusive
of passageways and driveways thereto.
Any uncovered and unenclosed ground-level structure, which
is accessory to residential use, the area of which shall not be included
within the building area for the purpose of calculating lot coverage
percentage.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
but not limited to laundry, beauty shops, shoe repair, barbershops,
and domestic services.
A tract of land in single ownership or controlled by an individual,
partnership, cooperative or corporation, designed or capable of being
designed and used as a unit or group of related units and having certain
facilities in common, such as yards, open space, recreation areas,
garages or parking areas. A planned development district may be residential,
commercial, industrial, recreational or a combination of such uses.
Any covered and unenclosed structure, attached to a building,
which is accessory to the principle use, the area of which shall be
included within the building area for the purpose of calculating lot
coverage percentage.
Any building or group of buildings, the use of which meets
state requirements for primary, secondary, or higher education and
which does not secure the major part of its funding from any governmental
agency. An educational institution other than a public school which
offers instruction in the several branches of learning and study required
to be taught in the public schools or where instruction is given in
the vocational, professional, or recreational fields.
A business that offers any type of personal services to the
public which requires as a condition precedent to the rendering of
such service the obtaining of a license or other legal authorization.
By way of example, and without limiting the generality of this definition,
professional services include those rendered by certified public accountants,
public accountants, engineers, chiropractors, dentists, osteopaths,
physicians and surgeons, podiatrists, architects, veterinarians, attorneys
at law, physical therapists, and life insurance agents.
Any building held, used, or controlled exclusively for public
purposes by any department or branch of government, state, county,
or municipality, without reference to the ownership of the building
or of the realty upon which it is situated. Structures principally
of an institutional nature and serving a public need, such as churches,
hospitals, schools, libraries, museums, post offices, police and fire
stations, public utilities, and other public services, but not including
the operation of a public bar, restaurant, or recreational facility
as a commercial enterprise, or public land or buildings devoted solely
to the storage and maintenance of equipment and material or the disposal
of refuse.
A public, nonprofit facility in which literary, musical,
artistic, or reference materials, such as but not limited to books,
manuscripts, computers, recordings, or films, are kept for use by
or loaning to patrons of the facility, but are not normally offered
for sale.
A natural or landscaped area, buildings, or structures, provided
by a unit of government to meet the active or passive recreational
needs of people.
Real property intended primarily for recreational activities
owned and operated by a unit of government.
Any public school, junior college, or university, other than
trade or business schools, including instructional and recreational
uses, with or without living quarters, dining rooms, restaurants,
heating plants, and other incidental facilities or students, teachers,
and employees.
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety, and welfare.
A building or structure used or intended to be used by any
public utility, including but not limited to any gas treatment plant
reservoir, tank, or other storage facility; water treatment plant,
well, reservoir, tank, or other storage facility; electric generating
plant, distribution, or transmission substation; telephone switching
or other communications plant, earth station, or other receiving or
transmission facility; any storage yard for public utility equipment
or vehicles; and any parking lot for parking vehicles or automobiles
to serve a public utility.
The permanent place of residence of the pastor or minister
of a church.
A generic term which is either an addition, an alteration,
or a repair, as determined by the Codes Enforcement Officer.
Replacement of materials for general maintenance purposes
solely by means of replacement with new materials of the same essential
kind and character that originally were utilized in the structure
without any alteration or addition to the structure, in which instance
no building permit or zoning permit is necessary.
A commercial establishment where food and drink are prepared,
served, and consumed primarily within the principal building.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A building containing individual self-storage units divided
from floor to the ceiling by a wall with an independent entrance from
exterior of the building, designed to be rented or leased on a short-term
basis to the general public for private storage of personal goods,
materials and equipment.
The minimum horizontal distance from the property line to
any structure, roadway, parking area, accessory building or other
such improvement on a lot, except necessary driveways.
Shall include:
Any writing, letter work, numerical or pictorial presentation,
illustration, emblem, device, symbol or trademark, flag banner or
pennant or any other device, figure or similar character. Any device
affixed to or painted, or represented directly or indirectly upon
a building, structure or land and which is used to announce, direct
attention to, identify, advertise or otherwise make anything known,
an object, product, place, activity, person, institution, organization
or business. Each display surface shall be considered to be a sign,
and all exterior lighting designed to identify or attract attention
in such manner as to constitute an integral part of the identification
and signing of such use shall be considered to be a sign and shall
comply with all regulations hereinafter set forth pertaining to signs.
A sign which directs attention to a business, commodity,
service or entertainment sold or offered elsewhere than upon the premises
where such sign is located or to which it is affixed and only incidentally
on the premises, if at all.
Any sign attached to and deriving its major structural support
from a building, and including but not limited to the following: arcade
sign, awning sign, canopy sign, cornice sign, facade sign, marquee
sign, parapet sign, plaque sign, projecting sign, roof sign, wall
sign, and window sign.
A sign which directs attention to a business or profession
conducted or a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
A "for sale" or "for rent" sign relating to the lot or premises on
which it is displayed shall not be deemed to be a "business sign."
A sign which may be placed without a permit but which shall
otherwise comply with the applicable provisions of this chapter. Such
signs shall include posting or trespass notices, an official flag,
emblem or insignia of a nation, state or municipality other than in
connection with a commercial use. A temporary political sign or temporary
special event sign used for advertising for a nonprofit organization
is exempt.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color when such
sign is in use. For the purpose of this chapter, any revolving illuminated,
sign shall be considered a "flashing sign."
Any sign supported by upright structural members or by braces
on or in the ground and not attached to a building, including but
not limited to the following: bulletin board sign, outdoor advertising
sign, pole or pylon sign or ground sign.
A sign indicating the name and/or address of an occupant
or a permitted home occupation. Such a sign may be wholly or partly
devoted to a readily recognized symbol, trademark or logo.
Any sign containing or designed to be exhibited by an artificial
source of light.
Any sign not permanently affixed to the ground nor to a building,
including any sign attached to or displayed on a vehicle that is used
for the expressed purpose of advertising a business establishment,
political event, service product, or entertainment when the vehicle
is operated or parked so as to attract the attention of the motoring
or pedestrian traffic.
Any sign advertising the sale, rental, or lease of the premises
or part of the premises on which the sign is displayed.
A freestanding sign which identifies only the name of the
shopping center and individual enterprises.
Any sign intended to be displayed for a limited period of
time and not to be permanently affixed, attached, implanted, or placed
on a building, pole, or in the ground which is removed within seven
days.
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.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, welfare, order, comfort, convenience,
appearance, prosperity or general welfare. Such uses may be permitted
in a certain zoning district as a special exception if specific provision
for such special exception is made in this chapter.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story and having a floor area at least half as large as the floor
below. Space with less than five feet of clear headroom shall not
be considered as floor area.
A public way which affords the principal means of access
to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A business establishment that is devoted primarily to serving
alcoholic beverages to the public for on-premises consumption. Food
may also be served.
An area occupied or designed for occupancy by two or more
travel trailers.
A mobile unit built for camping, recreational travel or vacation
use which is equipped to provide portable housing, including temporary
housekeeping facilities.
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the chapter would result in practical
difficulty or unnecessary hardship.
An open space extending across the principal street side
of a lot measured, between the side lot lines, the depth of which
yard is the minimum horizontal distance between the street line and
the main building or any projection thereof other than steps and unenclosed
balconies not extending more than eight feet from the front of the
building, except as otherwise provided in this chapter.
An open space extending across the rear of a lot measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or
any projection thereof, other than steps and unenclosed balconies
not extending more than eight feet from the rear of the building,
except as otherwise provided in this chapter. On both corner and interior
lots, the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
An open space from the front yard to the rear yard, between
the building and the nearest side lot line, unoccupied and unobstructed
from the ground upward, except for steps and as otherwise specified
in this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
