A.Â
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the latest edition of Merriam Webster's Collegiate Dictionary
(currently 11th Edition). Terms of law shall have the meanings as
set forth in the latest edition of Black's Law Dictionary.
B.Â
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this chapter" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.Â
The word "person," as used in this chapter, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.Â
The word "lot" includes the word "plot."
E.Â
The term "occupied" or "used," as applied to any land or building,
shall be construed to include the words "intended, arranged, or designed
to be occupied or used."
F.Â
"Shall" is always mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A property used as an area of entry to a stream or other
body of water for the purpose of launching or landing of watercraft.
The access area may also include ancillary services or facilities
other than base operations for watercraft rentals and may be operated
as a private business.
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, garden shed, a private playhouse, and a private greenhouse.
"Accessory buildings" may be constructed without a primary use in
some zones for recreational, agricultural, or construction storage.
A use involving the production, keeping, or maintenance for
sale, lease or personal use of plants and animals useful to man, including,
but not limited to, forages, grain and seed crops, dairy animals,
poultry, beef, sheep, horses, pigs, bees, fur animals, trees, food
of all kinds, vegetables, nurseries, and lands devoted to soil conservation
or forestry management programs.
A change, enlargement or rearrangement in the structural
parts of a structure, whether by extending on a side or by increasing
in height; or moving from one location or position to another.
A coliseum, stadium, arena or other place of public assembly
for purposes of sport, equestrian and other animal, entertainment,
athletic, recreational, craft fairs, shows, or other similar purposes
and events (see definition of "event").
A retail establishment in which hunting and fishing equipment,
supplies and accessories are sold to the public.
A story in a building having a floor below the finished grade
at any point on the periphery of the building and having a structural
ceiling at least four feet above the average finished grade along
each side of the building facing the street (see "cellar").
An existing residence which is used, in the manner of a home
occupation, to provide overnight lodging with breakfast as part of
the consideration and involving shared bath and dining facilities;
also including youth hostels.
See "structure."
A building or area of land where persons, firms or corporations
engaged in the construction business, or a related field, store building
materials, equipment and supplies used exclusively in that contracting
business. Retail and wholesale sale of any contractor's materials
or supplies is prohibited.
The vertical distance measured from the average elevation
of the proposed finished grade to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the mean height
between eaves and ridge for gable, hip and gambrel roofs.
The person or consultant charged by the Town Board with responsibility
for administration and enforcement of this chapter and responsible
as Building Department head.
An establishment primarily engaged in rendering services
to businesses on a fee or contract basis, such as advertising and
mailing, building maintenance, unemployment service, office equipment
rental and leasing, commercial research, development and testing,
photofinishing, and business supplies.
A site and group of structures facilitating the gathering
of people, whether children, youth, adults or families, whether via
pickup and delivery (as in the case of a "day camp" of multi-day duration);
a one-day event; or a short-term event requiring the provision of
overnight accommodations in permanent or semipermanent structures.
Food service, specialized facilities and staff support are provided,
promoting the particular purposes of the gathering, whether athletic,
recreational, outdoor education, religious, cultural, or the sharing
of information, and the conduct of organizational business. Year-round
accommodations for staff may be provided.
A tract of land providing two or more sites (for rent or
sale) for the temporary parking of recreational vehicles or the erection
of tents or other portable sleeping accommodations.
A building, portion of a building, and/or area arranged,
intended or designed to be used for the washing, spraying, waxing,
polishing or drying of motor vehicles, and/or the vacuuming or dry-cleaning
of same, on a commercial basis.
A space in a building with a structural ceiling level less
than four feet above the average finished grade along any side of
the building facing a street.
A place used for burials, whether in the ground or in mausoleums,
provided that no new cemetery shall result in in-ground burials within
a one-hundred-year floodplain area or the construction of any mausoleum
structure (of greater than 500 square feet in size).
An organization catering exclusively to members and their
guests, which is not conducted primarily for gain, provided there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club. Accessory uses and/or structures may include such subordinate
purposes as administration, operation, accommodations, and the sale
of food and drink primarily to members and their guests.
Grouping of buildings (whether on individual lots or in condominium
ownership) in proximities closer than permitted by the existing zoning
and subdivision regulations in order to preserve open space and to
minimize infrastructure improvements (also known as "conservation
subdivision").
The person or consultant charged by the Town Board with responsibility
for administration and enforcement of this chapter, serving as or
under the Building Department head.
A meeting house for the residents of a development (whether
the homeowners of a large-scale residential development, the seasonal
residents of a bungalow colony or resort, or the residents of a mobile
home park), for such occasions and purposes as social, cultural, recreational,
and community governance. Such a structure may be owned and operated
either by the management of the development or a homeowners'
association and shall be considered to be an accessory building.
Facilities serving two or more dwellings or properties with
collection and treatment of wastewater prior to discharge to an approved
disposal location.
A mode of ownership wherein each unit of enclosed space may
be owned in fee simple individually and separately from all others,
but where all such owners have an indivisible interest in the common
areas. Thus, they share ownership and attendant responsibilities for
the provision, maintenance and/or repair of common internal facilities,
utilities, services, exterior building surfaces, land, landscaping,
parking, lighting and other outdoor facilities.
A retail store containing less than 3,000 square feet of
gross floor area that is designed and stocked primarily to sell food,
beverages, and household supplies to customers who purchase only a
relatively few items.
A mode of ownership for which title is held jointly by a
group of cooperators, each member owning a given number of shares
in the corporation in proportion to the value of his individual dwelling
unit, which he "owns" under an occupancy agreement. Each cooperator
is assessed, according to the number of shares owned, for maintenance
of common areas.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, not including the manufacture
of "ready-to-wear" or standardized products.
Garden house, playhouse, tool house, greenhouse, swimming
pool, satellite dish antennas and private garage; the keeping of domestic
animals as pets; and the raising of field and garden crops, vineyards,
and orchard farming, provided such crops or produce are for the sole
and exclusive use of the occupant or owner of the premises and not
for resale.
The number of families, individual dwelling units or principal
structures per unit of land.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall include seasonal homes
and mobile homes, provided that they meet all requirements of this
chapter, the building code, and all other regulations or ordinances
applicable to dwellings.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A building or portion thereof containing more than two dwelling
units but intended for single ownership. Single ownership is not intended
to preclude cooperative or condominium ownership.
A detached building designed to be occupied exclusively by
one family and having two side yards, with at least 1,000 square feet
of living area, the shortest dimension, longitudinally or transversely,
of which must be at least 24 feet, erected on a permanent foundation,
with/without a basement and equipped for year-round occupancy.
A structure containing two dwelling units.
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, water and sewage collection
systems along with normal accessory activities.
With reference to the arena or outdoor recreational activity
uses incorporated into this chapter, an activity or occasion that
is planned and intended for general public attendance.
A lot or land, or part thereof, used for the purposes of
extracting stone, sand or gravel, as an industrial operation, and
including quarries, stone crushers, screening plants, concrete product
plants, and storage of quarry screenings, accessory to such uses.
This definition shall not encompass the process of grading a lot preparatory
to the construction of a building for which application for a building
permit has been made.
As many as six persons living together as a single, permanent
and stable nonprofit housekeeping unit, using all rooms in the dwelling
and housekeeping facilities in common and having such meals as they
eat at home generally prepared and eaten together, with sharing of
food, rent, utilities or other household expenses. Households or groups
of more than six persons living together shall not be considered families
for purposes of this chapter unless affirmative evidence is presented
to indicate to the satisfaction of the Building Inspector that the
household or group meets the other criteria contained herein.
A building, whether fully or partially enclosed, that is
intended for the display and sale of primarily locally raised agricultural
produce and products.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
An enclosed space for the storage of one or more vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space for more than one car leased to a nonresident
of the premises.
An enclosed structure of a permanent or temporary nature
within which is conducted a commercial agricultural operation, generally
the propagation of one or more horticultural species from seeds or
cuttings to a stage fit for transplanting elsewhere for sale, including
retail as well as wholesale operations.
Any material defined by the United State Environmental Protection
Agency (EPA) as hazardous or toxic due to its characteristics, including,
but not limited to, direct or indirect toxicity, radioactivity, explosivity,
and flammability, or other characteristics as the EPA or its successors
may revise from time to time.
Any land use or facility that is devoted to human health
care and maintenance, treatment of substance abuse problems or the
provision of medical services, whether offered in a residential setting
or as day-treatment.
Any use customarily conducted entirely within the principal
structure and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the principal use and does not
change the character thereof. Such occupations may include, but are
not limited to, professions and trades, real estate and insurance
offices, and beauty and barber shops.
A device, used at a residence, for the purpose of providing
a power source for the residence, whether driven by the wind, supplied
from the sun or generated from some other resource (e.g., geothermal).
Unless otherwise specified, the term "hospital" shall be
deemed to include sanatorium, nursing home, convalescent home, and
any other place for the diagnosis, treatment or other care of ailments,
and shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
An establishment for the medical and surgical care of sick
or injured animals.
A building containing rooms used for overnight accommodations
of those in transit or for short-term or extended business stays or
short-term personal stays. Single-room-occupancy residential projects
will not be considered to be hotels but shall be considered to be
multifamily dwellings under the provisions of this chapter. A hotel
may have facilities that provide meals and other services within the
main building or in an accessory building located on the hotel site.
A privately held area of open space used by a nonprofit organization
for the purposes of recreational hunting and/or fishing on a noncommercial
basis, which may be accompanied by a clubhouse, cabin, shooting range
and similar accessory uses.
A highly restricted type of planned industrial development
in which special emphasis and attention are given to aesthetics and
community compatibility and the property is developed according to
a comprehensive plan which includes detailed provisions for streets
and all necessary utilities as well as serviced sites for a community
of industrial and industry-oriented uses.
Uses involving manufacturing or processing involving changing
the nature, size, or shape of substances of raw materials, or recombining
raw materials. Industrial uses may involve the use of chemical applications,
heat, pressure or other mechanical processing methods.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags,
scrap metal, or discarded material; tires; or used building materials,
house furnishings, machinery, or parts thereof; with or without dismantling,
processing, salvage, sale or use or disposition of same; including
vehicle junkyard and wrecking facilities as further defined herein.
A structure used for the harboring of more than five dogs
or cats with attendant commercial services that may include boarding,
grooming, breeding, raising, and/or veterinary care.
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or for building development.
CONFORMINGA lot having not less than minimum area and dimensions required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
NONCONFORMINGA parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.
The mean distance from the street line of a lot to the rear
lot line of such lot, not to include the street or road right-of-way.
The lot line generally opposite the street line.
The shortest distance between side lot lines measured at
the front yard setback line.
A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect on an interior angle of less
than 135°.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
unit when affixed to a permanent foundation or placed on a concrete
slab and connected to the required utilities. "Manufactured home"
does not include a modular home.
A parcel of land under single ownership which has been planned
and approved for the commercial renting of manufactured home sites.
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and groundwater resources, and in regard to ambient air quality, noise
and light radiation.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State Uniform Fire Prevention and
Building Code, in which prefabricated components assembled at the
plant are sent to a housing site in two or more pieces, depending
on the size and style of said housing, to be joined together to form
a complete house on a permanent foundation.
A building containing overnight accommodations intended or
designed to be used or which are occupied for sleeping purposes by
transients and where meals may be served and which caters to the motoring
public. The ordinary length of stay is overnight but may extend as
long as one week under unusual circumstances.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting. (Such definitions
shall not encompass those retail establishments that buy the majority
of their horticulture stock wholesale, not propagating it themselves).
A facility designed to provide daytime care or instruction
for two or more children from infancy to five years of age inclusive,
and operated on a regular basis.
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire.
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business,
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, architects, engineers, physicians,
dentists, attorneys, insurance brokers, real estate brokers, and persons
with similar occupations.
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter of right. Any use that is not listed as permitted, special
use or accessory use shall be considered a prohibited use, unless
a use variance shall have been granted by the Zoning Board of Appeals.
The specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for within a particular
district as a matter of right only upon Planning Board approval and
site plan review. Any use that is not listed as a permitted use, permitted
use with Planning Board approval, special use or accessory use shall
be considered a prohibited use, unless a use variance shall have been
granted by the Zoning Board of Appeals.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barbershop, health and fitness center, tailor, or custom cleaning
services.
A building in which is conducted the main or principal use
of the lot on which it is located.
Structures and uses operated by a governmental agency (whether
municipal, county, regional, state or federal) in the proper exercise
of their jurisdiction.
A public sanitary disposal system designed and approved for
multiple units and/or properties.
A business or a service which is of public consequence and
need, such as electric, gas, water or telephone service.
[Added 10-6-2014 by L.L.
No. 3-2014; amended 8-3-2015 by L.L. No. 1-2015]
One or more structures designed, acquired, and/or constructed
to implement the need for services provided by a public utility, such
as an electric substation, a transmission facility, a distribution
facility, gas transmission facilities, valves, transformers and any
electric or gas equipment.
[Added 10-6-2014 by L.L.
No. 3-2014; amended 8-3-2015 by L.L. No. 1-2015]
A public water system serving 25 or more persons.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
A parcel of land providing lodging, recreation and entertainment
primarily to vacationers. A primary place of residence, a medical
or other rehabilitative facility or a single-room-occupancy residential
project shall not be considered a resort.
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises,
with take-out food (if any) as an accessory use, but excluding fast-food
establishments.
A business enterprise primarily engaged in the sale of quickly
prepared food and beverages selected by patrons from a limited line
of prepared specialized items, such as hamburgers, chicken, pizza,
tacos, and hot dogs, for take-out and/or on-premises consumption.
In the latter case, where orders are placed at a counter as opposed
to table service via a waiter/waitress, in a facility where the floor
area available for dining is less than 1/2 of the gross floor area,
and a major portion of the sales to the public is at a drive-in or
stand-up type of counter. The term "fast-food restaurant" shall not
include bakeries, delicatessens, or similar types of retail establishments.
See also "restaurant."
Stores and shops where goods are sold primarily at retail.
Such sales are primarily made directly to the consumer and include,
but are not limited to, goods such as food and beverages; florists;
shoes and clothing; hardware, paint and wallpaper; carpeting; hobby
and crafts; books; furniture; antiques; art supplies; music; pharmacies;
jewelry; photographic supplies; pets; gifts; stationery; sporting
goods; fabrics; optical goods; launderette/laundromat, and such appliances;
but excluding lumberyards, restaurants, and fast-food restaurants.
Outside storage or display of goods for such is permitted only with
site plan approval by the Planning Board.
Recreational facilities which are principally oriented toward
river uses, including, but not limited to, boat accesses and bases,
bait and tackle shops, campgrounds, swimming areas, comfort areas,
snack stands if part of a larger recreational facility, and other
facilities which offer an array of recreational activities and services,
but not including hotels, motels, restaurants, amusement parks, amenities
installed for use by individual residents, and the like.
A room separated from other rooms by walls and doorways,
but not including kitchens, bathrooms, or similar utility spaces,
foyers or halls.
Dish-shaped antennas designed to receive television broadcasts
relayed by microwave signals from Earth-orbiting communications satellites.
The median setback (front, rear or side) of all existing
structures located on the same side of the street and within the same
block and same zoning district.
The required minimum distance from the building or use to
the front lot line.
The required minimum distance from the building or use to
the rear lot line.
The required minimum distance from the building or use to
any lot line other than to the front or rear lot lines.
This is for properties adjacent to each other that share
a common sanitary disposal system. The system is to be conventional
and deeded rights with maintenance agreements by all parties.
A structure used for periodic nonprofit social events, such
as church dinners, weddings, penny socials, and other public gatherings.
An individual with a bachelor's degree from an accredited
institution in soil science or a related field with a minimum of two
years' professional experience in natural resources management;
An individual with a master's degree in soil science or
a related field; or
A professional engineer licensed in New York State.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
A use which, because of its unique characteristics, requires
individual consideration through a site plan review process by the
Planning Board as established by § 274-a of the Town Law
of the State of New York. Such a use may require the meeting of certain
conditions and safeguards before being permitted.
The use of practices that prevent exposed soil from eroding.
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
Rules and regulations relating to building construction as
promulgated in the New York State Uniform Fire Prevention and Building
Code.
An order issued which requires that all construction activity
on a site be stopped.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process, or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify for inclusion in this category.
Rainwater, surface runoff, snowmelt, and drainage that does
not soak into the ground but runs off into waterways.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxic substances than are found
in typical stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources, and the environment.
One or a series of stormwater management practices installed,
stabilized, and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point-source or non-point-source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
A street improved to the satisfaction of the Superintendent
of Highways and one of the following: a street shown on the Official
Map of the Town of Deerpark, or an existing Town, county, or state
highway or street shown on an approved subdivision plat, or a street
shown on a plat filed with the County Clerk (in accordance with § 280-a
of the Town Law) prior to the Planning Board's authorization
to review a subdivision.
The dividing line between a lot and a street right-of-way.
A combination of materials to form a building or other construction
that is safe and stable, and includes, among other things, stadiums,
radio towers, sheds, storage binds, billboards, and display signs.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A workshop of any person employed in a skilled trade such
as, but not limited to, plumbing, electrical, heating and ventilating,
painting, woodworking, carpentry and upholstery, printing and copying,
machine printing, and general repair shops.
Those normal and customary services to a building or group
of buildings within a corporate park or subdivision necessary to provide
heat, electric power, water, sanitary waste disposal, and/or fire
protection.
Any person, firm, corporation, or municipal agency duly authorized
to furnish to the public, under public regulation, electricity, gas,
water, sewage treatment, steam, cable television, telephone, or telegraph.
A relief from the regulations of the law, granted on grounds
of practical difficulties or unnecessary hardships, not self-imposed,
by the Zoning Board of Appeals.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used; boats or trailers; shipping containers; and other equipment.
A selection of motor vehicles, boats or trailers or other equipment
may be displayed within a totally enclosed building, but still others
may require an outdoor area for their storage.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage outside a completely enclosed
building of used or discarded motor vehicles, or parts thereof, with
or without the dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles and their parts. A deposit, collection
or storage on a lot of two or more motor vehicles no longer in condition
for legal use on the public highways, or parts thereof, for 60 days
or more in a residential district, or for 90 days or more in a nonresidential
district, shall constitute a motor vehicle junkyard. Farm machinery
and off-highway vehicles and equipment utilized in agricultural operations
shall not be deemed to constitute a motor vehicle junkyard.
A building, or a portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles, their
mechanical systems and their body structure (including painting).
This category is intended to include, but is not limited to, "jiffy
lubes" and such repair shops as specialize in transmissions, mufflers,
tires, as well as the sale of gasoline or any other motor vehicle
fuel or oil or other lubricating substances.
A vehicular unit or structure primarily designed as temporary
housing for recreational camping or travel use, which either has its
own motive power or is mounted on or drawn by another vehicle. The
basic entities are: travel trailer, camping trailer, truck camper,
and motor home.
A building, or part of a building, for storing of goods,
wares, and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
A compartmentalized warehouse in which the renter of a self-contained
storage unit has direct access to the space.
A lowland area, such as a marsh or swamp, that is saturated
with moisture, especially areas regarded as the natural habitat of
wildlife. Wetlands are to be designated as per the Army Corps of Engineers
and/or NYSDEC, as appropriate.
A structure used for religious observances, such as a church,
a synagogue or a temple, including a church school building, a parish
office, a social hall, and a storage building. A rectory or parsonage
of no more than 3,000 square feet of floor area for a single family
may also be included on the same lot but shall meet the requirements
applicable to a single-family dwelling and be limited to occupancy
by clergy and their family.
A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from 30 inches
above the general ground level of the graded lot upward; provided,
however, that fences, walls, poles, posts, and other customary yard
accessories, ornaments, and furniture may be permitted in any yard
subject to height limitation and requirements limiting obstruction
of visibility.
A yard extending between side lot lines across the front
of a lot adjoining a public street. In the case of through lots or
corner lots, unless the prevailing front yard pattern on adjoining
lots indicates otherwise, front yards shall be provided on all frontages.
A yard extending across the rear of the lot between inner
side yard lines. In the case of through lots, there will be no rear
yard, but only front and side yards.
A yard extending from the rear line of the required front
yard to the rear lot line or, in the absence of any clearly defined
rear lot line, to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of required front
yards. In the case of corner lots, one of the yards remaining after
the designation of front yards shall be considered the side yard,
and the other the rear yard.
The Chief Operating Officer, Building Inspector, Planning
Board Chairman or consultant designated to direct the zoning procedures
through the use of this chapter. The Zoning Officer is appointed by
the Town Board.
