Village of Oakfield, NY Article I General Provisions; Terminology

§ 295-1 Authority; enactment.

Pursuant to the authority conferred by Article 7 of the Village Law of the State of New York, the Village Board of the Village of Oakfield hereby adopts and enacts as follows.

§ 295-2 Title.

This chapter shall be known as the "Zoning Law of the Village of Oakfield."

§ 295-3 Purpose.

A. The purposes of this chapter and zoning districts as outlined on the Zoning Map are to provide for orderly growth and development, to lessen congestion in streets, to secure safety from fire, flood and other dangers, to provide adequate light and air, to prevent overcrowding, to avoid undue concentration of population, to conserve, enhance and perpetuate special historic sites, places and buildings, to facilitate the adequate provision of transportation, sewer, sewerage, schools, parks and other public requirements, and to promote the health, safety, morals or general welfare of the public.

B. This chapter has been made with reasonable consideration, among other things, to the character of each district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land.

C. This chapter shall protect the nature and characteristics of the already-developed zoning jurisdictions in the Village. It shall also provide predictability for landowners and residents of the Village for future development.

[Added 11-9-2015 by L.L. No. 3-2015]

§ 295-4 Application of regulations.

A. No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter, with the exception of the performance of necessary repairs which do not involve material alteration of structural features, and/or plumbing, electrical or heating/ventilation systems. Such necessary repairs shall include, for example, the replacement of siding and roofing materials. No building, structure or premises shall be used, and no building or other structure shall be erected which is intended, arranged or designed to be used for any trade, industry, business or purpose of any kind that is noxious or offensive by reason of the emission of odor, dust, refuse matter, garbage, smoke, fumes, gas, noise or vibration, or that is dangerous to the comfort, peace, enjoyment, health or safety of the community, or tends to its disturbance, inconvenience, discomfort or annoyance.

B. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the creation, erection, construction, establishment, moving, alterations or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, or covenants, or agreements, then the provisions of this chapter shall prevail.

C. This chapter shall not apply to uses which were legal, prior, existing, nonconforming uses as defined herein.

D. Nothing herein contained shall require any change in plans or construction of a building for which a building permit has been issued.

E. All buildings under construction at the time this chapter is adopted shall conform to the Zoning Ordinance in effect at the time construction was commenced.

§ 295-5 Severability.

If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court to be invalid, or void, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 295-6 New York State Uniform Fire Prevention and Building Code.

No provision of this chapter shall be construed to repeal, modify or constitute an alternative to the New York State Uniform Fire Prevention and Building Code (hereafter referred to as the "Uniform Code"). Village residents and other individuals using this chapter should make sure they refer to the Uniform Code in order to determine its applicability to their specific project.

§ 295-7 Definitions; word usage.

A. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future tense and the plural includes the singular; the word "lot" includes the word "plot," the word "buildings" includes the word "structure," the word "shall" is always mandatory; the words "occupied" or "used" shall be construed to mean and shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

B. The following terms are specifically defined. As used in this chapter, the following words shall have these meanings:

ACCESSORY APARTMENT

A dwelling unit that has been added on to, or created within, an owner-occupied one-family dwelling.

ACCESSORY USE

Use of buildings customarily incidental and subordinate to the principal use or buildings, and located on the same lot.

ADULT CARE

The provision of temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the Public Health Law or Articles 19, 29, and 31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

ADULT-CARE FACILITY

A facility other than a family-type home which provides adult care. For the purposes of this chapter an adult-care facility shall include the following: adult home, enriched housing program, residence for adults, shelter for adults, public home and private proprietary adult-care facility as defined by New York State Department of Social Services Chapter II, Subchapter D, Part 485.[1]

ALLEY

Narrow supplementary thoroughfare for the public use of vehicles or pedestrians, affording access to abutting property.

ALTERATION

Structural change, rearrangement, change of location, addition to, or deletions from a building, other than repair and modification in building equipment systems (i.e., heating, cooling, electrical, etc.).

ANIMAL KENNEL

Building used for the housing, grooming, breeding, or training of three or more domestic animals, including dogs and cats, that operates for commercial purposes. This definition does not include animal shelters.

ARCADE

Any establishment having three or more video or pinball games.

AREA VARIANCE

The authorization by the Zoning Board of Appeals to grant variances from the area or dimensional requirements of this chapter.

BIOREMEDIATION

The use of a bioremediation process for the treatment of petroleum-contaminated soils.

BOARDINGHOUSE

Owner-occupied dwelling wherein more than two people are sheltered for profit.

BOARD OF ZONING APPEALS

That board appointed by the Village Board specifically to hear all appeals as provided by this chapter and to perform other duties specifically set forth in this chapter or as assigned to it by the Village Board.

BUFFER ZONE

A continuous strip of trees and/or shrubs, not less than 15 feet in depth and not less than six feet in height, densely planted to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, smoke, noise or other noxious or objectionable elements. This requirement may be modified by the Planning Board through the site plan review process.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.

BUILDING, ACCESSORY

A building subordinate to the principal building on the lot and used for purposes customarily incidental to that of said main building.

[Amended 11-9-2015 by L.L. No. 3-2015]

BUILDING, FRONT LINE OF

The line of that face of the building nearest the street line, or, if there are street lines on two or more sides of the building, it is the line of that face of the building frontage on that street line where the principal entrance is located. This face includes covered porches whether enclosed or unenclosed, but does not include steps.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.

BUILDING, TEMPORARY

A "temporary building" or "temporary structure" is one erected, constructed or placed upon the premises to exist there for a brief or temporary duration of time, not exceeding six months. All other buildings or structures shall be deemed and considered as permanent for the purposes of this chapter.

CERTIFICATE OF COMPLIANCE

A certificate issued by the Zoning Officer upon completion of construction, alteration or change in occupancy or use of a building or land. Said certificate shall acknowledge compliance with all the requirements of this chapter only and such adjustment thereto granted by the Board of Appeals and/or the Planning Board.

CHILD DAY CARE

(1) Care for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian or relative within the third degree of consanguinity of the parents or stepparents of such child.

(2) "Child day care" does not refer to care provided in:

(a) A summer day camp, traveling summer day camp or children's overnight camp as defined in the State Sanitary Code;[2]

(b) A program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation;

(c) A facility providing day services under an operating certificate issued by the department;[3]

(d) A facility providing day treatment under an operating certificate issued by the Office of Mental Health or by the Office of Mental Retardation and Developmental Disabilities; or

(e) A kindergarten, prekindergarten or nursery school for children three years of age or older, or a program for school-age children three years of age or older, or a program for school-age children conducted during nonschool hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education, or both, in accordance with the compulsory education requirements of the Education Law, provided that such kindergarten, prekindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.

CHILD DAY-CARE CENTER

A program or facility in which child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a group family day-care home, a family day-care home, or school-age childcare program, as defined in this section.

CLUB

May be a group of people or the place where they meet, generally formed around a common interest, occupation, or activity.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

CLUB MEMBERSHIP

A group of persons organized in accordance with the Not-for-Profit Corporation Law for social and/or recreational purposes (example, fish and game clubs).

COMMERCIAL COMMUNICATIONS TOWER

A structure, including one or more antennas, that is intended for transmitting and/or receiving radio, television, telephone or microwave communications, but excluding those used either for fire, police and other dispatch communications or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications.

COMMERCIAL SCHOOL

Commercially operated schools providing education and/or instruction (see also definition of "school"), including, but not limited to, driving schools, beauty schools, dance studios, cooking lessons, music lessons, martial-arts academies, preschool programs, aerobic classes, trade schools and learning/tutorial centers.

COMMUNITY CENTER

Any meeting hall, place of assembly, museum, art gallery or library not operated primarily for profit.

COMMUNITY RESIDENCE

A supervised community home operated in compliance with the New York State Mental Hygiene Law which houses not more than 14 individuals and provides client supervision on a twenty-four-hour basis. For the purposes of this chapter an approved community residence as defined herein is considered a one-family dwelling.

CONTRACTOR'S YARD

Businesses engaged in construction of buildings and structures, remodeling and repairs to existing buildings and structures, electrical services, plumbing services, excavation and grading services, roofing and siding services, masonry services, paving services, well drilling, sewage-disposal-system installation and services, and other similar services.

CONVALESCENT HOME, NURSING HOME or EXTENDED-CARE FACILITY

See "hospital."

COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, utilities, mining, dredging, filling, grading, paving, excavation, or drilling operations, which would lead to increased flood damage, excluding normal maintenance to farm roads.

DISPOSAL TRANSFER STATION

A solid waste management facility, other than a recyclables handling and recovery facility exclusively handling nonputrescible recyclables, that can have a combination of structures, machinery, or devices, where solid waste is taken from collection vehicles and placed in other transportation units for movement to another solid waste management facility.

DOMESTIC ANIMAL

Animals commonly kept as household pets, including, but not limited to, dogs, cats, caged birds, rabbits, guinea pigs, nonpoisonous snakes, fish, turtles, frogs, mice, and ferrets. Species of animals that are considered harmful or poisonous to humans shall not be considered domestic animals for the purposes of this chapter. Questions as to whether any specific animal will be considered a "domestic animal" will be decided by the Village Zoning Board of Appeals, as provided for in § 295-14 of this chapter.

DRIVE-IN SERVICE

Building or use where a product is sold to, or a service performed for customers while they are in or near their motor vehicle, including, but not limited to, fast food restaurants, drive-up bank tellers, film processing service booths, etc.

DWELLING

A detached building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include automobile court, motel, boarding- or rooming house, mobile home, recreation vehicle, tourist home or tent.

DWELLING UNIT

A building, or portion thereof, providing complete housekeeping facilities for one family.

DWELLING, MULTIFAMILY

A dwelling containing three or more dwelling units.

DWELLING, ONE-FAMILY or DWELLING, SINGLE-FAMILY

A dwelling containing one dwelling unit only.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

DWELLING, TWO-FAMILY

A dwelling containing two dwelling units only.

EDUCATIONAL INSTITUTION, PRIVATE

Any nonpublic school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated under the Education Law of New York State and recognized by the appropriate educational authorities.

FACTORY-MANUFACTURED HOME (MODULAR HOME)

A factory-manufactured home incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. Such home shall be constructed and installed in accordance with the requirements of Subchapter B of the State Fire Prevention and Building Code and shall bear an insignia of approval issued by the State Fire Prevention and Building Code Council. Factory-manufactured homes shall be deemed to be one- or two-family or multiple dwellings.

FAMILY

One or more persons who live together in one dwelling unit and maintain a common household. May consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.

FAMILY DAY-CARE HOME

A family home that is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise, as provided for and registered by the New York State Department of State. The name, description or form of the entity that operates a family day-care home does not affect its status as a family day-care home. For the purposes of this chapter, a family day-care home shall be considered an accessory use to a one-family dwelling and shall not require a zoning permit unless the building is being altered.

FAMILY-TYPE HOME

Adult care operated and provided for the purpose of providing long-term residential care, room, board and personal care, and/or supervision to four or fewer adult persons unrelated to the operator. For the purposes of this chapter a family-type home shall be considered a home occupation.

FARM ANIMAL

Animals other than those customarily kept as domestic household pets.

FLOOR AREA OF A BUILDING

The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding basement or cellar floor areas and not devoted to habitable use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR, LOWEST

Lowest level, including basement, cellar, crawl space, or garage of lowest enclosed area.

FRONTAGE

The extent of a building or a lot along one public street as defined herein.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit herein nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, adjusting or equipping of automobiles or other motor vehicles.

GASOLINE STATION

Any building or land or any part thereof used for sale of motor fuel, oil and motor vehicle accessories, and which may include facilities for lubricating, washing or servicing vehicles, but not including painting or body repairs.

GASOLINE STATION-MARKET

A gasoline station which provides one or more additional commercial services such as a restaurant, dairy bar, beverage market, or food market or such a commercial use which also provides for gasoline sales. For the purpose of this definition, sales from vending machines are not considered commercial service.

GROUP FAMILY DAY-CARE HOME

A family home that is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise, as provided for and registered by the New York State Department of State. The name, description or form of the entity that operates a group family day-care home does not affect its status as a group family day-care home. For the purposes of this chapter, a group family day-care home shall be considered an accessory use to a one-family dwelling and shall not require a zoning permit unless the building is being altered.

HABITABLE FLOOR AREA

Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation or combination thereof. A floor used only for storage purposes is not "habitable."

HOME OCCUPATION

(1) An occupation or profession which:

(a) Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; and

(b) Is carried on by a member of the immediate family residing in the dwelling unit; and

(c) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

(d) Which conforms to the following additional conditions:

[1] The occupation or profession is carried on wholly within the principal building or within a building or other structure accessory thereto.

[2] No more than one person outside the immediate family is employed in the home occupation.

[3] There is no exterior display, no freestanding sign, no attached exterior sign that is larger than two square feet, no exterior storage of materials and no exterior indication of the home occupation or variations of the residential character of the principal building.

[4] No offensive noise, vibration, smoke, dust, odors, heat, or glare is produced, nor does the home occupation result in:

[a] Dissemination of noise, vibration, odor, dust, smoke, observable gas or fumes, or other atmospheric pollutant beyond the boundaries of the immediate site of the building in which such use is conducted.

[b] Hazard or fire explosion or other physical hazard to any person, building or vegetation.

[c] Radiation or interference with radio or television reception beyond the boundaries of the immediate site of the building in which such use is conducted, or the testing of material or instruments in such manner as to constitute a public nuisance.

[5] Adequate parking is provided as set forth in § 295-32.

(2) In particular, a home occupation may include, but is not limited to, the following: art studio, barbershop and beauty parlor (when limited to two work stations), cook, day nursing, draftsman, dress maker, electrical/radio/television repair, family-type home, laundering, musician, photographer, professional office of a physician, dentist, lawyer, engineer, architect or accountant, upholsterer, teaching or tutoring or real estate offices, within a dwelling occupied by the same.

(3) However, a home occupation shall not be interpreted to include the following: motor vehicle repair shop, machine shop, welding and fabrication shop, commercial stables and kennels, or restaurants.

(4) Garage sales, yard sales and other similar sales conducted for a cumulative total of more than 15 days, either consecutive or nonconsecutive, within a calendar year shall be considered a home occupation.

HOSPITAL

Hospital, sanitarium, clinic, rest home, nursing home, convalescent home, home for aged, and any place for diagnosis and treatment of human ailments, except a doctor's office.

HOSPITAL, ANIMAL

An establishment for the medical and/or surgical care of sick or injured animals.

HOTEL/MOTEL

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room may be provided within the building or in an accessory building.

JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, scrapped, ruined, dismantled or wrecked motor vehicles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material, tires, lumber, pallets and other wood debris.

JUNKYARD

Outside storage or deposit, whether in connection with another business or not, where one or more unregistered, old, or secondhand vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles and/or material defined as junk by this chapter which, taken together, equal in volume 100 cubic feet. A junkyard shall include any land or structure used for collecting, storage, sale or disposal of junk, scrap metal, or other discarded materials. Not included is a single motor vehicle intended, maintained and used on a seasonal basis (i.e., motorcycles and winter or summer cars), provided such vehicle is intact and has a New York State motor vehicle inspection sticker which was issued within the previous 12 months or a recreational car (i.e., a race car), provided such vehicle is stored in other than the front yard.

LAUNDROMAT

A business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

LIGHT INDUSTRIAL

The processing, fabrication, assembly or packaging of previously prepared or refined materials and/or service, repair or refinishing applications which do not involve the use of high hazard (see New York State Uniform Code Section 703.4)[4] materials or processes, or result in the generation of noxious or annoying fumes, odors, noise or other disturbances.

LOT

Land occupied or which may be occupied by a building and its accessory uses, together with required open space, having not less than minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street, or other means of access as may be determined by the Planning Board to be adequate as a condition for issuance of a zoning permit.

LOT AREA

Total area within property lines.

LOT CORNER

A lot located at the junction of and fronting on two or more intersecting streets (Also see definition "lot line, front.")

LOT DEPTH

Horizontal distance from street right-of-way line of the lot to its opposite rear line measured at right angles to building line.

LOT LINE, FRONT

In the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.

LOT LINE, REAR

The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

LOT LINE, SIDE

The property line or lines extending from the front lot line to the rear lot line.

LOT LINES

The property lines bounding a lot as defined herein.

LOT WIDTH

The horizontal distance between the side lot lines, measured at right angles to the lot depth.

MOBILE HOME

A structure, whether occupied or not, 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. For the purpose of this chapter, an unoccupied mobile home shall be considered the same as an occupied unit.

MOBILE HOME PARK

A parcel which has been improved for the rental or lease of two or more lots and the provision of services for mobile homes for nontransient residential use.

MOTEL

See "hotel."

MOTOR VEHICLE REPAIR SHOP

Any building or structure used for the repair or servicing of motor vehicles or small gas-powered engines for profit or as a part of a commercial operation.

NONCONFORMING USE

A use of a building or of land that does not conform to the regulations as to use and area in the district in which it is situated, which was lawful under any applicable preceding ordinances or laws at the time the use was established, or, if established before 1964, was lawful before such date and in either event has not been extended after becoming a nonconforming use or otherwise been rendered an illegal use pursuant to provisions of any prior law or ordinance.

NURSING HOME OR CONVALESCENT HOME

See "hospital."

OUTDOOR SOLID-FUEL-BURNING DEVICE

A solid-fuel-burning device designed and intended for installation outside of the primary building on a lot, and used to produce heat for transfer to the primary or accessory building(s) on such lot.

OWNER

An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

PARKING SPACE

An off-street space available for the parking of one motor vehicle on a transient basis and having a width of 10 feet, and an area of not less than 200 square feet, exclusive of passageways and driveways, and having direct usable access to a street.

POND

A body of water (other than a swimming pool or landscaping pond) created through construction or other similar method, having a depth of two or more feet. A small pond used for landscaping, having a depth not exceeding 28 inches and a surface not exceeding 150 square feet, shall not require a zoning permit.

PROFESSIONAL OFFICE

An office used by a duly New York State licensed/registered architect, attorney, dentist, certified counselor, certified public accountant (CPA), chiropractor, engineer, insurance broker or salesman, massage therapist, optometrist, physician or surgeon, physical therapist, psychologist, real estate broker or salesperson, surveyor, teacher or veterinarian.

RECREATION VEHICLE

A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

RECREATION, INDOOR

Includes, but is not limited to, bowling alley, theater, table tennis, and pool hall, skating rink, gymnasium, swimming pool, hobby workshop, arcade, and similar places of indoor recreation.

RECREATION, OUTDOOR

Includes, but is not limited to, golf course, golf driving range, trap, skeet, and archery range, swimming pool, skating rink, riding stable, tennis court, recreation stadium, skiing facility, hunting preserve, and similar places of outdoor recreation.

RECYCLABLES HANDLING AND RECOVERY FACILITY

A solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected.

RELIGIOUS INSTITUTION

Church, temple, parish house, convent, seminary and retreat house.

RETAIL STORE/SERVICE

Enclosed store for sale of retail goods and services, including, but not limited to, the following: barber, beauty, dry cleaning, personal service shop, department store and restaurant/tavern. "Retail store/service" shall not be interpreted to include the following: drive-up service, freestanding retail stand, gasoline station, gasoline station-market, motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service.

SCHOOL

Parochial, private and public school, college, university and accessory uses operated under the Education Law of the State of New York and recognized by the appropriate educational authorities; and shall exclude commercially operated schools of beauty, culture, business, dancing, driving, music and similar establishments.

SCHOOL-AGE CHILD-CARE PROGRAM

A program or facility providing school-age child care (care provided on a regular basis to more than six school-age children under 13 years of age or who are incapable of caring for themselves) during the school year to an enrolled group of children before and/or after the period children enrolled in such program are ordinarily in school or during school lunch periods, and may also include such care during school holidays and those periods of year when school is not in session, including summer vacation.

SELF-SERVICE STORAGE FACILITY

A building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users. A warehouse operated for a specific commercial or industrial establishment shall not be considered a self storage facility.

SIGN

Any material, structure or device, or part thereof, composed of lettered or pictorial matter which is located out of doors, or on the exterior of any building, or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any persons or business or cause when such is placed in view of the general public.

(1) AWNING SIGN Any visual message incorporated into an awning attached to a building.

(2) COPY-CHANGE SIGN A sign on which the visual message may be periodically changed.

(3) DIRECTIONAL SIGN A sign limited to providing information on the location of an activity, business or event.

(4) FREESTANDING SIGN Any sign not attached or part of any building, but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs and masonry wall-type signs.

(5) ILLUMINATED SIGN Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and which includes reflective and phosphorescent light.

(6) OFF-PREMISES SIGN A sign unrelated to a business or a profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

(7) PORTABLE SIGN A sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.

(8) PROJECTING SIGN A sign which is attached to the building wall or structure and which extends horizontally more than 15 inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.

(9) REPRESENTATIONAL SIGN A three-dimensional sign built so as to physically represent the object advertised.

(10) TEMPORARY SIGN A sign related to a single activity or event having a duration of no more than 30 days.

(11) WALL SIGN A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, and not extending more than 15 inches from the face of such wall.

(12) WINDOW SIGN A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.

SIGN DIRECTORY

A listing of two or more business enterprises, consisting of a matrix and sign components.

SIGN STRUCTURE

The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate sign structure.

SIGN SURFACE AREA

The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display.

SITE PLAN

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

SPECIAL USE

A specifically designed use that would not be appropriate generally or without restrictions throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.

SPECIALLY PERMITTED USE

A specifically designated use that would not be appropriate generally without restriction in a zoning district, but which, if controlled as to number, area, location, relation to the neighborhood, or otherwise, in the opinion of the Planning Board, promotes the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity and/or the general welfare. Special use permits are approved by the Planning Board and then issued by the Zoning Enforcement Officer once the conditions or other requirements are met and necessary fees paid.

STREET

Public way for vehicular traffic which affords principal means of access to abutting properties.

STREET LINE

Right-of-way line of a street as dedicated by a deed of record. If no such deed exists, then by any other record establishing such right-of-way line of a street.

STRUCTURE

A combination of materials to form a construction for use, occupancy or ornamentation, including, but not limited to, buildings, mobile homes, towers, wind energy conservation systems (WECS), antennas, satellite dishes, or gas or liquid storage tanks, that are principally above ground.

SUBSTANTIAL IMPROVEMENT

(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred.

(2) For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

SWIMMING POOL

A structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, provided with a recirculating and/or controlled water supply of 1,000 gallons or more and a depth of greater than two feet.

TEMPORARY USE

An activity conducted for a specified limited period of time that may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction that are removed after the completion of the construction work. Temporary use permits are approved by the Planning Board and then issued by the Zoning Enforcement Officer once the conditions or other requirements are met and necessary fees paid.

TOURIST HOME

Owner-occupied dwelling in which overnight accommodation, with or without meals, is provided for transient guests for profit. Term includes bed-and-breakfast establishments.

TRAILER

Any vehicle which may be towed and used for carrying or storing goods, equipment, machinery, construction materials, snowmobiles, boats, all-terrain cycles (ATC), motor vehicles or as a site office.

USE VARIANCE

The authorization by the Zoning Board of Appeals for use of land for a purpose which otherwise would not be allowed or would be prohibited by this chapter.

UTILITY, PUBLIC

Any person, firm, corporation or governmental subdivision, duly authorized to furnish to the public, under public regulation, electricity, gas, water, sanitary sewers, storm sewers, steam, telephone, telegraph or cable television.

VETERINARY FACILITY

Any structure or premises in which animals are kept, boarded, bred or trained for commercial gain.

YARD

An unoccupied space, open to the sky, on the same lot with the building and structure.

YARD, FRONT

An open unoccupied space on the same lot with the building, situated between the front line of the building and the street line and extending the full width of the lot.

YARD, REAR

The area of the lot extending across the entire rear of the lot, bounded by the real property lot line and the rear building line and between the two side lot lines.

YARD, SIDE

The area between the side building line and the related side lot line and between the front yard and the rear yard.

[1] Editor's Note: See 18 NYCRR Part 485.

[2] Editor's Note: See 10 NYCRR Part 1 et seq.

[3] Editor's Note: The corresponding state regulation at 18 NYCRR 413.2 uses the term "office" in lieu of "department," referring to the New York State Office of Children and Family Services.

[4] Editor's Note: See now the most current version of the New York State Uniform Code.