[Amended 8-12-1981 by L.L. No. 1-1981; 9-6-2000 by L.L. No. 2-2000]
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 words "or intended, arranged or designed to be used or occupied."
The voluntary, absolute relinquishment, the giving up of
a known right to which one is entitled, with the intention of permanently
terminating or parting with such right. Abandonment depends upon the
concurrence of two elements or factors:
The intention to relinquish, to permanently give up a known
right to continue the nonconforming use; and
The cessation of such nonconforming use, an overt act or failure
to act, implying that the owner intends to permanently cease from
putting the premises to the nonconforming use, or such other nonconforming
use as may be permitted by this chapter.
An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slide projectors, or similar
machines or other image-producing machines, for viewing for five or
fewer persons each, are regularly used to show films, motion pictures,
videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
[Added 3-4-2015 by L.L.
No. 2-2015]
A business which derives 25% or more of its gross income
from the sale, or rental, or utilizes 25% or more of its retail selling
area for, or has stock comprised of 25% or more of, any of the following:
books, magazines, periodicals, films, motion pictures, videocassettes,
DVDs, slides, compact discs and/or computer generation or their visual
representations which are characterized by the depiction and description
of specified sexual activities or specified anatomical areas.
[Added 3-4-2015 by L.L.
No. 2-2015]
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which features:
[Added 3-4-2015 by L.L.
No. 2-2015]
Persons who appear nude or in a state of nudity or seminudity;
or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A business where an adult male or female exposes parts of
his or her body identified in specified anatomical areas.
[Added 3-4-2015 by L.L.
No. 2-2015]
A hotel, motel or similar business which:
[Added 3-4-2015 by L.L.
No. 2-2015]
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical areas and which advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period of time less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
[Added 3-4-2015 by L.L.
No. 2-2015]
A business which derives 25% or more of its gross income
from the sale or rental of, or utilizes 25% or more of its retail
selling area for or has stock comprised of 25% or more of any of the
following: instruments, devices or paraphernalia which are designed
for use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the purchaser or others.
[Added 3-4-2015 by L.L.
No. 2-2015]
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
including, but not limited to, adult arcades, adult bookstores or
video stores, adult cabarets, adult live entertainment, adult motels,
adult motion-picture theaters, adult novelty stores and massage establishments.
[Added 3-4-2015 by L.L.
No. 2-2015]
Specified anatomical areas include any of the following:
Specified sexual activities include any of the following:
An existing agricultural parcel providing large on-site agricultural storage/warehousing services on premises, including but not limited to existing enclosed pole barns, enclosed masonry storage buildings and enclosed farm structures with a minimum individual square footage of 8,000 square feet, which enclosed structures were constructed prior to January 1, 1985. "Agricultural associated low-impact storage/warehousing" does not include retail business or other uses separately listed in this chapter. Agricultural associated low-impact storage/warehousing is allowed upon the granting of Site Plan Approval, only in the Agricultural District and as otherwise authorized by § 275-51.
[Added 4-4-2018 by L.L.
No. 2-2018]
An agricultural use is one carried on 10 or more acres of
land used in the preceding two years for the production or sale of
agricultural products with an average gross sales value of $10,000
or more.
The production of agricultural products for compensation,
including field crops, produce, horticulture, livestock, and dairy
products. The term includes the sale of products grown on such land
and the necessary buildings and accessory construction, such as barns,
silos, and fences, which are a normal part of agriculture. Agriculture
includes farm, nursery, greenhouse, and truck garden.
A public way, which affords, generally, a secondary means
of vehicular access to abutting property.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities; or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
A space of full-story height, partly below grade but having
at least 1/2 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.
Any commercial outdoor sign, advertising medium, structure,
or device which advertises, directs or calls attention to any business,
article, substance, or service, which is painted, printed, posted,
or affixed to any building, billboard structure, wall, fence, railing,
natural object, or structure of any kind on real property or upon
the ground itself.
Any roofed structure permanently affixed to the land intended
for the shelter, housing or enclosure of persons, animals, or property.
A building detached from, subordinate to, and whose use is
incidental to, but consistent with that of the principal building
on the same lot.
The total ground floor area of a principal building and accessory
buildings exclusive of uncovered porches, steps and terraces. This
area determines lot coverage.
A freestanding building surrounded by open space on all sides
and not physically joined to another building.
That side of any building facing a public roadway or shoreline
as designated on any application for a permit by the applicant. A
building can have more than one front.
The vertical distance measured from the average level of
the proposed finished grade across each face 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 gambrel
or peaked roofs.
A line parallel with the front, side and rear lot lines,
respectively, beyond which a principal building or use may or may
not extend as determined by these regulations.
A building in which is conducted the main or primary use
of the lot on which the building is located.
An accessory use of a service character by the owner/occupant
and clearly secondary in the use of the principal building for residential
purposes.
Offices in which are conducted professional or business occupations
of a service character and not involving the sale of merchandise or
stock-in-trade nor the storage of vehicles, equipment, or materials.
An accessory use of a service character by the owner/occupant and
clearly secondary to the use of the principal building for residential
purposes.
See "motor vehicle wash."
A space of full-story height having more than 1/2 of its
height below the average grade of the adjoining ground.
The instrument of verification as required under the provisions
of these regulations, subsequent to the completion of any project
for which a zoning permit was required and prior to the use or occupancy
of the land or building to which the permit pertained.
Lands and buildings used for recreational, athletic, or social
purposes by members of formally organized associations, including
fraternities, sororities, lodges, fish and game clubs, golf clubs,
and tennis clubs. Buildings may include restaurant, bar, and overnight
facilities.
A subdivision plat or plats, approved pursuant to Article
16 of the Town Law, by which this chapter is modified to provide an
alternative permitted method for the layout, configuration and design
of lots, buildings and structures, roads, utility lines and other
infrastructure, parks, and landscaping in order to preserve the natural
and scenic qualities of open lands.
[Added 4-26-2003 by L.L. No. 2-2003]
The removal of stone, sand, gravel, or topsoil, as a commercial
product. The process of site improvement or alteration preparatory
to the location of a building or use for which a zoning permit has
been issued is not included in this definition.
Any motor vehicle or trailer weighing more than 9,000 pounds
gross vehicle weight, licensed or able to be licensed for highway
travel and used principally to conduct commercial or industrial activities.
A use that would not be appropriate generally or without
restriction throughout a zoning district but which, if controlled
as to number, area, location, or relation to the neighborhood, may
be permitted in certain zoning districts.
Any apartment, townhouse or other residential building, or
portion thereof, involving a combination of two kinds of ownership
of real property:
A parcel of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof or waste material of any kind.
A building, or portion thereof, providing complete housekeeping
facilities for one family.
See "mobile home."
Attached dwelling units designed for year-round or seasonal
occupancy by more than two families living independently of each other.
A detached dwelling unit designed for year-round or seasonal
occupancy by one family only.
A dwelling occupied no more than 10 months in a calendar
year. This shall include cabins, mobile dwellings, and cottages so
utilized.
Two or more factory-fabricated units, which are transported
to the site joined together on a permanent foundation to constitute
one or more dwellings. The term "sectional" shall include the term
"modular," but shall not include "mobile dwelling." Also commonly
known as a "double-wide."
A legal and binding assignment of interest by deed or contract
for the specified use of a designated portion of property to other
than the landowner.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[1]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
See "agriculture."
Land and structures used for the display and sale of equipment
customarily used in agriculture.
See "agricultural use."
A building used for activities customarily associated with
commercial banking or savings and loan facilities.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior walls or
from the center lines of walls separating two buildings.
A building used for the preparation of the dead for services,
burial, or cremation. Also known as a "mortuary."
An enclosed space intended for storage of one or more motor
vehicles and within which space no commercial activity or industry
connected directly or indirectly with motor vehicles is conducted.
A building or part thereof used for the storage, selling,
renting, servicing, washing or painting and major repair of motor
vehicles. Also known as "service station" or "body shop."
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline and/or oil or other
motor vehicle fuel and which may include facilities for lubricating,
washing, cleaning, and otherwise servicing motor vehicles, including
the painting or major repair thereof. Also known as "filling station."
A parcel of land developed for playing golf through improvement
with tees, greens, fairways, hazards, and which may include shelters,
maintenance and storage buildings, a clubhouse and, as an accessory
use, tennis courts. Specifically excluded from this use are independent
driving ranges and miniature golf courses.
The space within a dwelling unit occupied for living, sleeping,
bathing, eating, and cooking purposes and exclusive of a cellar, attic
or such other portions of the dwelling unit not generally occupied
by the residents of the dwelling unit.
See "medical facility."[2]
A building or portion thereof providing rental sleeping rooms
and which may also include dining rooms, kitchens, serving rooms,
ballrooms and other facilities and services intended primarily for
the accommodation of the personal needs of the traveling public, and
including facilities for the parking of patrons' motor vehicles and/or
boats. Auto courts, motor hotels, motor courts, motor inns, motor
lodges, tourist courts, tourist cabins, and roadside hotels are included
in this definition.
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 another business
or not, where two or more unlicensed vehicles, no longer in condition
for legal use on public highways are held, whether for the purpose
of resale of used parts or materials there from 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 two or more such vehicles.
[Amended 5-2-2018 by L.L.
No. 3-2018]
KENNELAny facility that cares for multiple dogs for training, breeding, boarding or harboring, whether for profit or not, but excluding dogs owned solely for personal enjoyment. All kennels shall require the issuance of a special use permit by the Planning Board to ensure compatibility with the neighborhood where such use is proposed to be located.
COMMERCIAL KENNEL AND/OR ANIMAL DAY CAREAny facility or building that cares for three or more dogs for training, breeding, boarding or harboring, for any aspect of commercial purposes, sales, for profit or as a business.
PERSONAL PUREBREDAny home or personal abode that cares for two or more purebred dogs for breeding or sale where such activity is an accessory use to the principal home.
A municipal or private site for the depositing of refuse,
compacting it to the smallest practical volume, and covering it with
earth or other material in a systematic and sanitary manner.
A single and contiguous parcel of land considered as a unit,
occupied or capable of being occupied by a principal building or use
and accessory buildings or uses, or by a group of buildings and uses
united by a common use. Two or more parcels of land, which would otherwise
be contiguous except for being separated by a road, and assigned a
single tax parcel number, shall also be deemed a lot for the purposes
of this chapter.
The total area included within front, side and rear lot lines.
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°.
That portion of the plot or lot area covered by building
area and expressed as a percentage of total lot area.
Any line dividing one lot from another or from an established
right-of-way or the shoreline.
The lot line adjoining and separating the lot from any road
or highway right-of-way line or the shoreline; or where there is not
direct frontage on either for any lot established after the effective
date of these regulations as designated and approved by the Planning
Board.
A lot for which no building or structure has been constructed
or located and on which no excavation, improved driveway or the installation
of water supply or sewage disposal systems has been initiated with
the intent to serve a building or use.
The distance between side lot lines measured parallel to
the front lot line where such parallel line is a straight line, or
the chord of such parallel line where it is curvilinear, at a distance
from the front lot line equal to the minimum required front yard specified
for the district.
A business that provides services to the public, either on or off the premises, including but not limited to tree cutting and pruning, tree removal, landscape contracting, nursery stock growth and associated equipment storage and maintenance. Low-impact tree service business does not include other retail business or other uses separately listed in this chapter. Low-impact tree service businesses are allowed upon the granting of a special use permit only in the Agricultural District and as otherwise authorized by § 275-13.1.
[Added 11-2-2016 by L.L.
No. 4-2016]
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 or more 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; except that such term shall
include a "mobile home" as defined hereinafter, and shall include
a structure which meets all the requirements of this definition except
the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the Secretary of Housing and Urban
Development.
A continuous parcel of privately owned land which is used
for the accommodation of two or more manufactured homes occupied for
year-round living.
Lakeside or creekside operation and premises where boats
for lease, storage, and service may be conducted; this servicing shall
include supplies and accessories as are customarily used in such business
and such food and supplies as required by fishermen or boating parties.
A building used for the diagnosis and treatment of sick and/or
injured persons. This definition includes hospitals, clinics, and
extended care facilities.
A moveable or portable unit, manufactured prior to January
1, 1976, designed and constructed to be towed on its own chassis,
comprised of frame and wheels, connected to utilities, and designed
and constructed without a permanent foundation for year-round living.
A unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity
as well as two or more separately towable components designed to be
jointed into one integral unit capable of being again separated into
the components for repeated towing. "Mobile home" shall mean units
designed to be used exclusively for residential purposes, excluding
travel trailers.
A parcel of land which is designed and improved for the placement
of 10 or more mobile dwellings and which mobile dwellings are located
on sites rented or leased to the occupants of the mobile homes. See
also "manufactured home park."
See "garage, service."
A lot and/or structures used for the display and sale of
motor vehicles and including servicing of such vehicles. May also
include gasoline station and/or service garage; see "garage, service."
Buildings, structures, and land used for the washing and
cleaning of motorized vehicles. May be associated with other motor
vehicle services.
The use of any area or portion of any lot or plot, whether
inside or outside a building, for the temporary storage of automobiles
awaiting dismantling, or the dismantled parts of automobiles, or for
the dismantling, cutting, demolition, and burning of automobiles.
A lot, use, or structure which does not conform to the requirements
for use location or dimensions in the zoning district in which it
is situated as regards use, minimum yard dimensions, minimum lot area,
maximum building height or maximum lot coverage. May be called nonconforming
lot, nonconforming structure or nonconforming use.
A facility regulated by the state providing nursing care
to sick, invalid, infirm, disabled, or convalescent persons, in addition
to lodging and board.
A recreation activity particularly oriented to and utilizing
the natural landscape and outdoor character of an area, including
hiking, equestrian and recreational vehicle trail; ski and golf facilities,
park, picnic or beach area; and similar outdoor, nonintensive structures
and uses.
A structure or use designed and maintained as a governmental
facility for recreation, transportation, fire or police protection,
or not-for-profit public or governmental functions.
A structure or use, whether privately or publicly owned and
operated, designed and maintained for the provision of electric, telephone,
radio, television, water or sewer services.
A drawn, carried, or motor vehicle which is designed primarily
for use as temporary living quarters for travel or recreation purposes.
Includes motor home, travel trailer, truck, camper, tent camper and
van so equipped.
Any structure used for worship, religious instruction, or
other religious activities, including accessory social and administrative
rooms.
A building wherein food or beverages are available for on-site
consumption, whether or not this constitutes the principal use.
The use of land and buildings for the preparation and sale
of food and beverages from a counter or directly to persons in motor
vehicles. May include space for on-premises consumption, but usually
does not include waiter/waitress service.
A business or commercial activity involving primarily the
sale of merchandise or stock-in-trade to the public, which business
or commercial activity shall be conducted from within a permanently
situated building.
A public or private way for vehicular traffic, including
the following.
Arterial roadways are those principal through
traffic arteries.
Collector roads are those that interconnect
and carry traffic between local residential and arterial highways.
Local roadways are those which are used primarily
for access to abutting residential properties.
A cul-de-sac is a minor loop at the closed end.
Frontage or access roads are generally parallel
with and adjacent to an arterial highway designed to provide access
to abutting properties and protection from through traffic.
The top or peak of the structural roof of a building, above
which point no sign shall extend or project.
Any building or portion thereof containing more than two
and less than 10 rooms that are used, rented or hired out to be occupied
or that are occupied for sleeping purposes for compensation, whether
the compensation is paid directly or indirectly. The term "rooming
house" shall include lodging house and boardinghouse, but not tourist
home, hotel or motel, sorority or fraternity house or club.
A building or group of buildings whose principal use is for
educational purposes. Such a building or buildings shall include classroom
space. Evidence of a curriculum and a professional staff is necessary
for classification as educational purposes. The term "school" shall
include parochial, private, and public institutions ranging from nursery
schools to facilities offering postgraduate courses. Profit and nonprofit
status shall not be a consideration.
A quasi-public, not-for-profit, education, health, historic,
cultural, religious, recreational, or philanthropic facility or institution.
Any graphic device erected or represented upon or as part
of a building, structure or use of land which directs attention or
conveys a message pertaining to an object, product, place, activity,
person, institution, organization or business and is visible from
the public right-of-way or the exterior of the building, structure
or use. Each such graphic display surface shall be considered to be
a "sign."
A sign which announces and directs attention to a business,
commodity, service or entertainment sold or offered elsewhere than
upon the premises where such sign is located.
The area determined by circumscribing the exterior sign structure
with the appropriate geometric form connecting all extreme points.
The structure supporting a sign is not included in determining the
sign area unless the structure is designed in a way to form an integral
background for the display. Only one face of a double-face sign is
to be considered in determining the area of a sign.
Any sign designed to be viewed from two directions and which
at no point is wider than three feet measured from the exterior surface
of each face and the two faces of the sign are either parallel or
the angle between them is 30° or less.
A sign which may be placed without a permit, but which shall
otherwise comply with the provisions of these regulations. Such sign
shall include official traffic signs, posting or trespass notices,
official notices of hazard or safety precaution, personal identification
signs identifying the residents of the premises, temporary signs,
and any official flag, emblem or insignia of a nation, state, municipality
or school not in connection with a commercial use.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of these regulations, any
revolving, illuminated sign shall be considered a "flashing sign."
A sign which is supported by one or more uprights, poles,
or braces, or by a base of wood, stone or concrete in or upon the
ground. This definition shall not include portable signs.
Any sign artificially lighted by an exterior or interior
light source.
A sign attached to or suspended from any type of vehicle
which is capable of being moved from place to place, whether actually
moved or not, either under its own power or by attachment to any vehicle
and intended primarily for the display of such sign. Such sign shall
not include lettering or other graphics painted or attached flush
to the side or body of service, delivery or other such vehicles.
A sign that is designed to be movable and is not permanently
attached to the ground, a building, a structure or any other sign.
A portable sign shall not be deemed to include a mobile sign.
A primary or main sign on which is depicted the central message
or identification pertaining to the purpose for which such sign was
erected.
A sign located between the eaves or projection of the juncture
of the ceiling of the uppermost floor and the roof of a building and
the roofline.
A poster, handbill, flyer or sign erected for a nonpermanent
purpose such as to announce a forthcoming event or for the purpose
of sale, rent or project notification, which sign shall be designed
to be removed upon completion or termination of the purpose for which
it was temporarily placed. Also classified as exempt sign in this
chapter. See "sign, exempt."
Any sign attached to, painted upon or erected against the
wall of a building or structure and not extending more than 1/2 feet
beyond the building face.
A sign maintained in or painted upon a window which is clearly
visible to the general public from an out of doors position, but not
including the customary display of merchandise.
The excavation or significant alteration of the site so as
to affect surface drainage, removal of significant tree or soil cover
or the provision for new or altered access, but not to include landscaping,
minor site work or improvements, tilling the land for agricultural
purposes or normal forest management practices.
A conceptual plan indicating salient existing features of
a tract or parcel and its surroundings, the general layout of the
proposed project and such additional information as required in Appendix
A, Required Submissions, of this chapter.[3]
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.
Any permanent man-made building, assembly or installation
in conjunction with the principal or accessory use of a lot, including
a building, sign, platform, ski-tow or jump, storage tank, boat dock
and such similarly constructed or assembled objects affecting the
principal or accessory use of the property so as to require a building
permit.
A private, outdoor pool designed and built for swimming purposes
as an accessory use on the same parcel as the principal use or one
contiguous thereto for use primarily by the occupants or tenants of
said property. Such pool shall include any permanent or aboveground
pool and any portable pool more than three feet in height and 15 feet
in length or diameter.
The specific purpose for which a building, structure or land
is designed, arranged, intended or for which it is or may be occupied
or maintained.
A use customarily incidental and subordinate to the principal
use of building and consistent in use with the permitted principal
use.
A use that would not be appropriate generally or without
restriction throughout the zoning district. Such use may be permitted
in certain zoning districts if specific provision for such conditional
use is made in this chapter.
The main or primary purpose or activity conducted on the
lot.
A use permitted by right in a specified zoning district.
The districts provided for in § 262 of the Town Law and established in Article III of this chapter.
[Added 4-26-2003 by L.L. No. 2-2003]
A certification required prior to any activity governed by
these regulations. Approval of this permit certifies that the proposed
activity is in compliance with this chapter.
