The words and phrases used in this chapter shall have the meanings
commonly attributed to them. Certain terms shall have the meanings
set forth below, except where the context clearly indicates a different
meaning.
The following provisions and rules shall be observed, except
when the context requires otherwise:
A.
Words used or defined in one tense or form shall include other tenses
and derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
C.
The masculine gender shall include the feminine, and the feminine
gender shall include the masculine. Wherever the word "he" appears,
read "he or she." Whenever the word "Chairman" appears, read "Chairperson."
D.
The word "shall" is mandatory.
E.
The word "may" is permissive.
F.
The word "person" includes individuals, firms, corporations, associates
and any other similar entities.
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure that is clearly incidental to the principal
use or building, and is located on the same lot as the principal use
or structure.[1]
A living organism other than a plant or bacterium. Animals
included in this Code include amphibians, reptiles, birds, and mammals
other than humans.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment, including
short-term boarding incidental to such hospital use.
Animals commonly associated with farm use, including, but
not limited to, domestic hoofed animals and domestic fowl such as
full-sized horses, cows, pigs, goats, chickens and roosters.
Animals which are customarily kept for personal use or enjoyment
within the home. Household animals shall include, but not be limited
to, domestic dogs, domestic cats, domestic tropical birds and domestic
rodents.
A structure arranged, intended or designed to be occupied
by three or more families living independently of each other, but
having common hallways and entrances.
As defined by the New York State Department of Transportation.
Congregate housing as licensed by the State of New York specifically
designed to care for senior citizens.
[Added 2-13-2008 by L.L.
No. 3-2008]
The replacing or repairing of auto body parts and the painting
thereof by any means.
That space of a building that is partly or entirely below
grade.[2]
A commercial enterprise as part of a private residence which
provides short-term (no more than two weeks) lodging and breakfast
to overnight guests for a fee. Sleeping rooms shall have no provision
for cooking.
A landscape mound of earth that is used to visually shield
and buffer uses from each other.
The line which marks the official distance inland from the
canal bank which is owned by the state.
A land area used to visibly separate one use from another
or to shield or block noise, lights or other nuisances.
The horizontal area measured from inside of exterior wall
to inside of exterior wall of the ground floor of all principal buildings
and accessory structures on a lot.[3]
Any outer surface of a building that is oriented toward a
private or public street or highway or parking area.
The line extended to each side lot line from the outermost
point of any part of a building, excluding porches and steps, and
parallel to the street line.
The vertical distance from the finished grade line at the
foundation to the highest point of the roof.[4]
The line extended to the side lot lines parallel to the building
front line from the rearmost point of any part of the building.
The line extended to the building front line and the building
rear line from the outermost point of any part of the building and
parallel to the side wall of the building.
The endorsement by the Building Inspector upon a permit to
the effect that the building, structure or premises erected, altered
or reconstructed conforms to the provisions of this chapter and/or
the Uniform Fire Prevention and Building Code of the State of New
York.
An establishment, the principal purpose of which is religious
worship and for which the principal building contains the sanctuary
or principal place of worship. A church may include accessory uses
in the principal building or in accessory structures, including Sunday
school rooms and religious education classrooms, assembly rooms, a
common kitchen, a library room or reading room, recreation hall and
living quarters/dormitories on site for staff and/or students of religious
study (including convents and monasteries). A single-family dwelling
(parsonage) is included in this definition with its use for the pastor
or caretaker.
[Added 4-8-2015 by L.L.
No. 1-2015[5]]
A form of development for single-family residential subdivisions
that permits a reduction in lot area and bulk requirements, provided
that there is no increase in the number of lots permitted under a
conventional subdivision and the resultant land area is devoted to
open space.
The person designated by the Town Board to administer and
enforce these regulations, including the Building Inspector. If ever
the responsibilities of the Building Code Enforcement Officer and
the Code Enforcement Officer are separated, each shall carry out duties
according to the provisions of the respective codes.[6]
As defined by the New York State Department of Transportation.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of such
use as specified in this chapter.[7]
Any building or other shelter designed or used as a residence
for one or more persons, including kitchen and sanitary facilities.
SINGLE-FAMILY DWELLING UNITA building designed for residential purposes by not more than one family.
TWO-FAMILY DWELLING UNITA building designed for residential purposes by two families living independently of one another, each containing separate and complete kitchen and sanitary facilities.
MULTIPLE-FAMILY DWELLING UNITA building intended or designed to be occupied by three or more families living independently of each other with separate and complete housekeeping facilities for each family.
The outer edge or line of a recorded instrument that grants
a right or privilege that a person, utility or municipality may have
in another's land as a right-of-way.
[Added 10-22-2003 by L.L.
No. 12-2003]
One or more persons living together as a single housekeeping
unit and using only one cooking outfit.
Any parcel of land in excess of 10 acres which has been used
in the preceding two years for the production for sale of agricultural
products, livestock, poultry or dairy products of an average gross
sales value of $10,000 or more. Such farm may include dwelling and
accessory structures and equipment necessary for the operation of
the farm.[8]
Any parcel of land in excess of five acres where all or part
of the land is used for the production of farm products for private
consumption, or for sale with an average gross sales value of less
than $10,000.
Includes any substantially vertical structure or appurtenance,
regardless of material composition, including vegetation, whether
supported by a foundation, footing, piling, stake, post, aboveground
member or self-supporting, intended as a barrier to prevent escape
or intrusion, to mark a boundary or the proximity thereof.
[Added 10-22-2003 by L.L.
No. 12-2003]
An approved lot which has less street frontage than normally
required. Access to the bulk of the lot is by means of a narrow corridor.
The sum of the gross horizontal areas of the several floors
or levels of a building, excluding basement areas, roofed porches,
roof terraces, breezeways and attached garages, unless living space
is included in the area over the attached garage, in which case the
area of such living space shall be included. All dimensions shall
be measured from the exterior surfaces of the walls.[9]
The part of the lot from the highway line to the building
front line.
An enclosed space capable of and designed for the storage
of not more than three automobiles in which no business, occupation
or service is conducted.
The structure and area of land that is used for the sale
of gasoline and sale of food items and other salable items found in
convenience stores.
An elevation as related to a known, fixed datum point.
The elevation of a completed surface of the property as shown
on approved plans.
The sum of the area of all the floors in a building measured
from exterior walls, including basements.
That area of a building which may be occupied for living,
sleeping, eating or cooking.
In full compliance with state and federal laws, rules and
regulations for handicapped accessibility.
[Added 5-27-1998 by L.L.
No. 3-1998]
Capable, without structural modification, of being used by
a handicapped person. At a minimum, features would include:
[Added 5-27-1998 by L.L.
No. 3-1998]
Minimum door width of all interior and exterior doors of 36
inches.
No more than one step from outside to inside.
Be no more than one story unless there is an elevator.
Provisions for installation of handrails in bathrooms and hallways
(reinforced walls).
Provisions for installation of a handicapped-usable water closet.
At least one bathroom equipped with a shower with handrail and
built-in seat.
The line which is the joint boundary line between a lot and
the street or highway right-of-way. Where the "highway line" is not
readily determinable and has not been established by survey, computations
to determine the "highway line" shall be made from the center of the
existing pavement, which shall be deemed the center of the highway
for zoning purposes.[10]
Shall have the meaning and requirements set forth in Article
23-A of the General Business Law of the State of New York and the
rules and regulations promulgated thereunder.
[Added 5-27-1998 by L.L.
No. 3-1998]
A building or group of buildings where transient lodging
accommodations are offered to the general public for compensation.
Hotels may provide other services, such as meeting rooms and banquet
facilities, which are clearly incidental to the use of such place
as a temporary abode.
A building or buildings which offer studio and one-bedroom
apartments, with opportunities for common meal and activity functions.
[Added 5-27-1998 by L.L.
No. 3-1998]
The distance between buildings.[12]
Any premises on which more than six dogs or domesticated
animals more than six months old are housed, groomed, bred, boarded,
trained or sold.
The planting and maintenance of live plants, including trees,
shrubs, ground cover, vines, grapes, flowers and other plant materials.
See "habitable space."
A room or group of rooms which is designed for residential
occupancy by a single family and providing housekeeping facilities
for such family.
An off-street space or berth used for the loading or unloading
of commercial vehicles.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
That portion of the lot that is covered by buildings, structures
and impervious surfaces such as sidewalks, driveways and other paved
areas, but excluding incidental projecting eaves, balconies, landscaping,
open recreational facilities and similar features which do not have
a foundation.
The horizontal distance between the front and rear lot lines,
measured at right angles to the front lot line. For lots where the
front and rear lot lines are not parallel, the "lot depth" shall be
the mean distance between the front and rear lot lines.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line; or the mean
distance between the side lot lines within the buildable area.
A through lot which is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot which fronts on two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of the lot.
Any change in structural members of a building, either by
alteration or addition, which affects the building line or height.
Mining shall include any of the following:
[Added 12-14-2005 by L.L.
No. 9-2005]
Any activity which requires a permit or approval under the New
York State Mined Land Reclamation Law (New York State Environmental
Conservation Law, Article 23, Title 27) or any successor statute thereto;
and
Any activity which involves the extraction of more than 1,000
tons or 750 cubic yards of matter from the land, whichever is less,
over a period of 12 successive months.
Mining, extracting or removing, by mechanical means only,
minerals, earth products, earth, sand, gravel, rock, topsoil or other
similar materials from their natural place of origin for purposes
of commercial sale or use of the removed material.
The development of a single tract of land, building or structure
for two or more different uses, such as, but not limited to, residential,
office, manufacturing, retail, public, service or recreational.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
unit, with or without a permanent foundation when connected to the
required utilities.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes.
A building or group of buildings in which transient lodging
is provided for compensation to the general public in which at least
75% of all sleeping units have direct access to the outside.
A building which in its design or location upon a lot was
lawful prior to the adoption, revision or amendment of this chapter,
but which does not conform to the regulations presently in effect
for the zone in which it is located.
A lot of record the size, dimensions or location of which
was lawful at the date of the passage, revision or amendment of this
chapter, but which fails by reason of such passage, revision or amendment
to conform to the present requirements of the zoning district in which
it is located.
[Amended 11-28-2018 by L.L. No. 1-2018]
Any use of any building, structure or land which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails by reason of such passage, revision or amendment to conform
to the present requirements of the zoning district in which it is
located.
[Amended 11-28-2018 by L.L. No. 1-2018]
An establishment or facility that provides supervision and
care of infants, toddlers, preschool and school age children by persons
other than their parents or legal guardians.
[Added 3-11-2020 by L.L. No. 3-2020]
A facility licensed or approved to provide full-time (twenty-four-hour)
convalescent or chronic care to individuals who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves.
A building having a vertical distance between the floor and
ceiling not less than seven feet six inches on the first level or
floor and having a vertical distance of not less than four feet along
the studs forming the exterior walls of the rooms on the upper level
or floor, such exterior walls being set or erected not less than 2/3
of the distance apart from the exterior walls of the first level or
ground floor, not including the basement wings of one story.
[Amended 11-28-2018 by L.L. No. 1-2018]
A building having a vertical distance between the floor and
the ceiling of not less than seven feet six inches on one floor level,
not including the basement, the measurement of such distance being
made along the studs forming each of the exterior walls.
[Amended 11-28-2018 by L.L. No. 1-2018]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. "Open space" shall
mean an area unobstructed by buildings or parking areas, except for
walks, paths, landscaping or other site features.
A district classification superimposed in addition to another
district classification, further regulating or limiting structures
and uses otherwise permitted and regulated pursuant to the basic district
classification.
As used in this chapter, shall include, in addition to its
usual meaning, tenant, lessee, occupant or other user.
An off-street area containing one or more parking spaces
with passageways and driveways appurtenant thereto.
An off-street area suitable for parking one motor vehicle
with sufficient area for ingress, egress, maneuvering and having direct
access to a street and which conforms to the requirements of the Town's
Design Criteria.[13]
A common shared wall between two separate buildings, structures
or dwelling units.
A single-family detached dwelling which has only one usable
side yard. The other side of the building is located on or within
five feet of the lot line. If a side line of the building is located
on a zero lot line, a legal agreement such as an easement must exist
which allows the dwelling owner room to perform maintenance functions.
Any security that may be accepted by a municipality as a
guaranty that improvements required as part of an application for
development are satisfactorily completed.
A set of criteria or limits relating to nuisance elements
which a particular use or process may not exceed.
The printed license for an owner or that owner's duly authorized
agent to proceed with a regulated activity.
An area of a minimum contiguous size, as specified by this
chapter, to be planned and developed as a single entity and containing
one or more residential clusters. Appropriate commercial, public or
quasi-public uses may be included if such uses are primarily for the
benefit of the residential development.
A map representing a tract of land, showing the boundaries
and location of individual properties and streets.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
[Added 10-22-2003 by L.L.
No. 12-2003]
A covered structure attached to the exterior part of a building
adjoining an entrance to the building.[14]
An accessory structure typically purchased at retail in a prefabricated or kit form and which serves as a private garage. Such accessory structures are sided with materials such as, but not limited to, lightweight vinyl fabric or aluminum panels or plastic panels. Portable garages are subject to the regulations found in § 300-57, Accessory structures, in this Code, and their portable or prefabricated design, do not exempt them from this Code.
[Added 2-27-2013 by L.L.
No. 2-2013[15]]
A building in which is conducted the principal use of the
lot on which it is located. Where the primary use of lands is an agricultural
use, a barn shall also be considered a "principal building."
Includes any substantially vertical structure or appurtenance,
of man-made material composition, whether supported by a foundation,
footing, piling, stake, post, aboveground member or self-supporting,
intended to ensure privacy and/or prevent aesthetic damage by screening
from view a particular portion of a lot or structure such as a garden,
swimming pool, patio, etc., but specifically not intended to mark
a boundary or the proximity thereof.
[Added 2-26-2003 by L.L.
No. 5-2003]
A building and related facility owned or operated by a corporation,
association or group of individuals established for the fraternal,
social, educational, recreational or cultural enrichment of its members
and not primarily for profit and whose members meet certain prescribed
qualifications for membership and pay dues.
The area available for development, including setbacks, after
all buffers and restricted use areas (i.e., wetlands, floodplains
and their buffers) have been subtracted.
[Added 6-28-2000 by L.L.
No. 5-2000]
A recreational facility conducted entirely indoors for commercial
purposes, with or without seating for spectators, and providing accommodations
for any of the following sports: wrestling, soccer, tennis, volleyball,
basketball, racquetball, handball, hockey, lacrosse, football, bowling,
archery, roller-skating, ice-skating, cheerleading, and shooting ranges.
With or without the foregoing sports, such facility may also include:
children's amusements, dance studios and instruction, music schools
and instruction, martial arts studios and instruction, golf driving
range, skateboard facilities, trampoline or gymnastics facilities,
health and fitness club facilities and swimming pools. Permitted accessory
uses of such facility may include any of the following: snack bar,
restaurant, retail sales of related sports, health, or fitness items,
and other support facilities.
[Added 10-22-2014 by L.L.
No. 4-2014]
A recreational facility conducted outside for commercial
purposes, with an emphasis on physical activity, with any of the following:
athletic fields, golf driving range, golf course, disc golf course,
paintball, miniature golf, outdoor skateboard park; swimming, bathing,
wading, and other therapeutic facilities; tennis, handball, basketball
courts, batting cages, archery, shooting ranges and trampoline facilities.
This shall exclude: any recreational use employing motor driven vehicles.
[Added 10-22-2014 by L.L.
No. 4-2014]
Facilities in which the investigation of the natural, physical
or social sciences is conducted.
A permanent building used for serving meals where customers
are seated principally at tables and are waited on when seated.
A permanent building where food orders are placed at a common
counter and where food is consumed at tables provided or adjacent
to the building or in vehicles on site or elsewhere. Such uses as
soft drink parlors, ice cream parlors, hot dog stands and the like
shall be considered to be in this general specification.
Developments designed to meet the needs of and exclusively
for the residences of senior citizens.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees or
otherwise reserved for public or private use.
A temporary structure or vehicle located on a seasonal basis
within a required front or side yard abutting a street for the purpose
of displaying or selling products.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
Any facility that is designed and used for storage space
by various rental occupants who each have access to a secure section
they lease for the purpose of storing and removing personal property.
The tenant or occupant of the self-storage facility has care, custody
and control of his/her stored goods and the lessor or landlord is
not responsible for ordinary negligence which results in damage to
the stored goods.
[Added 2-26-2014 by L.L.
No. 2-2014]
The minimum allowable distance from the street right-of-way
line to the closest point of the foundation of a building or projection
thereof, or parking lot.
[Amended 2-9-2011 by L.L.
No. 4-2011]
The minimum allowable distance from the side or rear lot
line or easement, respectively, to the closest point of the foundation
of a building or projection thereof, or parking lot.
[Amended 10-22-2003 by L.L. No. 12-2003; 2-9-2011 by L.L. No. 4-2011]
A use which, by its nature, by restrictions in this chapter
or other Town ordinance or as conditioned, is not granted the rights
of a permitted use, requires periodic renewal and can be terminated
for cause.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, the space between such floor and the ceiling
above it.
Any construction requiring temporary or permanent support
or attachment to the soil, including, but not limited to, oil, gasoline
and propane tanks and pumps, signs, display boards, sheds and storage
buildings.
Single-family dwellings which are attached to other townhouses
by means of a party wall. "Townhouses" are distinguished from apartment
houses in that "townhouses" have no shared hallways or entrances and
"townhouses" are on separate lots with zero side setbacks.
A building having two stories, the first story having a vertical
distance between floor and ceiling of not less than seven feet six
inches and on the second level of not less than seven feet at the
highest point and not less than four feet at the exterior walls. A
"two-story house" must have continuous outside vertical walls of not
less than 13 feet in height. The second-story area of a "two-story
house" must not be less than the first story.
The purpose or purposes for which any building, structure
or lands or any part thereof is or are occupied or, if unoccupied,
for which they may be occupied hereunder.
Every device in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails.
This definition shall include, but not be limited to: trucks, buses,
automobiles, vans, motorcycles, motor scooters, dune buggies, snowmobiles,
all-terrain vehicles, go-carts, minibikes, trail bikes and all types
of motorized recreational vehicles. This shall include all such motor
vehicles whether or not fully licensed or registered.
[Added 10-22-2014 by L.L.
No. 4-2014]
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
An open space on the same lot with a building or group of
buildings, which open space lies between the building or group of
buildings, the nearest lot line and unoccupied and unobstructed from
the ground upward except as may be specifically authorized in this
chapter. In measuring a "yard" as hereinafter provided, the line of
a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such a lot line. Measurement shall be taken
at right angles from the line of the building, as defined herein,
to the nearest lot line.
An open, unoccupied space on the same lot with a building
between the front line of the building and front line of the lot and
extending the full width of the lot.
An open, unoccupied space on the same lot with a building,
between the rear line of the building and rear line of the lot extending
the full width of the lot.
The minimum setback measured from a front, side or rear property
line.
An open, unoccupied space on the same lot with a building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard.
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
A map as may be adopted by the Town Board showing Zoning
Districts, roads, highways and parks already laid out, adopted and
established by law.
