A.
For the purposes of this chapter, certain terms and
words used herein shall be interpreted or defined as follows:
(1)
Words used in the present tense include the future
tense.
(2)
The singular number includes the plural.
(3)
The word "person" includes a corporation, association
or partnership, as well as an individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is always mandatory.
(6)
The word "used" or "occupied" as applied to any land
or building shall be construed to mean the words "intended, arranged
or designed to be used or occupied."
B.
ACCESSORY USE OR STRUCTURE
AGRIBUSINESS
AGRICULTURAL AND FARMLAND PROTECTION
AGRICULTURAL BUILDING
AGRITOURISM
AIR-SUPPORTED DOME STRUCTURE
ALTERATION
ALTERATION, STRUCTURAL
ANIMAL HOSPITAL
APARTMENT HOUSE
AREA, BUILDING
BOARDINGHOUSE
BUILDABLE AREA
BUILDING
BUILDING, ACCESSORY
BUILDING, HEIGHT OF
BUILDING-INTEGRATED SOLAR COMPONENTS
CANNABIS BUSINESS, NONMEDICAL
CANNABIS ON-SITE CONSUMPTION SITE
CANNABIS PRODUCTION, MAJOR
CANNABIS PRODUCTION, MINOR
CANNABIS RETAIL DISPENSARY
CHILD-CARE CENTER, DAY-CARE CENTER, NURSERY SCHOOL, PRESCHOOL
NURSERY AND FAMILY DAY-CARE HOME
(1)
(2)
CIVIC SPACE
CODE ENFORCEMENT OFFICER
COMFORT CARE HOME
COMMERCIAL HORSE BOARDING OPERATION
COMMERCIAL KENNEL
COMMERCIAL PARKING FACILITIES
COMMUNITY GREEN
COMPONENT USE
COMPONENT USE CATEGORY
COMPOSITE MIXED-USE PARCEL
COMPOSTING, AGRICULTURAL
COMPOSTING, COMMERCIAL
COMPOSTING, MULCHING OR OTHER ORGANIC BIOMASS CROPPING
COMPOSTING, PERSONAL
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS
CUSTOMARY HOME OCCUPATION
DWELLING UNIT
FAMILY
(1)
(2)
(3)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
[6]
(e)
FARM or FARM OPERATION
FARM STAND or FRUIT AND VEGETABLE STAND
FARM WOODLAND; FOREST FARMING OPERATION
FENCE
FLAG LOT
GARAGE, DETACHED PRIVATE
GARAGE, PUBLIC
GAS STATION, GASOLINE FILLING STATION and MOTOR VEHICLE SERVICE
OR SUPPLY STATION
GREENHOUSE, GARDEN NURSERIES or NURSERY (EXTERIOR)
IMPERVIOUS SURFACE
INCENTIVES or BONUSES
INFILL DEVELOPMENT
LARGE-SCALE SOLAR ENERGY SYSTEM
LIVE-WORK BUILDING
LOFTS
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, THROUGH
LOT, WIDTH OF
MEDIUM-SCALE SOLAR ENERGY SYSTEM
MIXED USE
MOBILE FOOD VEHICLE
MOBILE FOOD VEHICLE APPROVED LOCATION
MOBILE FOOD VEHICLE VENDOR
MOTOR VEHICLE
MULTIPLE DWELLING
NONCONFORMING USE
OVERLAY DISTRICT OR ZONE
PARENT PARCEL
PARKING SPACE
PEDESTRIAN-FRIENDLY DESIGN
PERIMETER LANDSCAPE STRIP
PERSONAL SERVICES
PLAZA
PRIMARY ROAD OR STREET
PRIMARY SIGN
RESEARCH AND DEVELOPMENT
RETAIL ESTABLISHMENTS
ROOFTOP NONRESIDENTIAL SOLAR ENERGY SYSTEM
ROOFTOP RESIDENTIAL SOLAR ENERGY SYSTEM
SELF-STORAGE FACILITY
SETBACK
SHOPPING PLAZA
SIGNIFICANT CORNER
SMALL-SCALE SOLAR ENERGY SYSTEM
SMOKE SHOP
(1)
(a)
[1]
[2]
[3]
[4]
[5]
(b)
[1]
[2]
[3]
[4]
(2)
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM FOOTPRINT/SQUARE FOOTAGE
SPECIALTY MOTOR VEHICLE
STABLE, PRIVATE
STABLE, PUBLIC
STORAGE SHED
STREET TREES
STRUCTURE
SWIMMING POOL (OUTDOOR)
TOWNHOUSE
USABLE ACREAGE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING STREET FRONTAGE
As used in this chapter, the following terms shall
have the meanings indicated:
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
Activities conducted on a farm that are dependent upon an
agricultural operation, including, but not limited to, on-farm bed-and-breakfasts,
farm stay programs, U-pick operations, seasonal events, pumpkin patches,
farm breweries, farm cideries, farm distilleries and farm wineries,
and offering to the public, or to invited groups, the sale of agricultural
products, education, recreation or active involvement in the farm
operation. An agribusiness activity may be conducted in an accessory
structure where the use is secondary to the primary farm use on a
property. The Alcoholic Beverage Control Law (ABC Law) provides the
standards which must be met for farm brewery, cidery, winery and distillery
licenses.
[Added 2-27-2019 by L.L.
No. 3-2019]
The preservation, conservation, management or improvement
of lands which are part of viable farming operations, for the purpose
of encouraging such lands to remain in agricultural production.
[Added 2-27-2019 by L.L.
No. 3-2019]
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock or other horticultural products, excluding
any structure designed, constructed or used, in whole or in part,
for human habitation, as a place of employment where agricultural
products are processed, treated or packaged, or as a place used by
the public.
[Added 2-27-2019 by L.L.
No. 3-2019]
Activities conducted by a farmer on-farm for the enjoyment
or education of the public, which primarily promote the sale, marketing,
production, harvesting or use of the products of the farm and enhance
the public's understanding and awareness of agriculture, farming and
farm life.
[Added 2-27-2019 by L.L.
No. 3-2019]
A structural and mechanical system which is constructed of
high-strength fabric or film and achieves its shape, stability and
support by pre-tensioning with internal air pressure.
[Added 4-12-2022 by L.L.
No. 9-2022]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
either by increasing the floor area or by increasing the height, or
the moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
An establishment for the medical and surgical care of sick
or injured animals.
[Added 2-27-2019 by L.L.
No. 3-2019]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The total habitable area taken from inside of exterior wall
to inside of exterior wall and meeting the requirements as described
in Subchapter B, Article 2 of the New York State Uniform Fire Prevention
and Building Code applicable to one- and two-family dwellings, excluding
therefrom porches, terraces, steps and any area occupied by a garage.
[Amended 6-20-2001 by L.L. No. 3-2001]
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire, with or without meals.
A rooming house or a furnished-room house shall be deemed a boardinghouse.
The area within a lot eligible to be built upon or occupied
by structures and/or land use activities that is bounded and established
by the required front, side and/or rear building lines set forth in
the zone district requirements or supplemental regulations.
[Added 2-27-2019 by L.L.
No. 3-2019]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A subordinate building or portion of the main building on
a lot, the use of which is customarily incidental to that of the main
or principal building.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to a point
midway between the highest and lowest point of the roof, except chimneys,
spires, towers, elevator penthouses, tanks and similar permitted projections.[1]
[Amended 2-27-2019 by L.L. No. 3-2019]
Components of a building which harness solar energy for usable forms of electric or thermal energy. These components are directly integrated into the building itself. By way of example, these may comprise specially treated windows and glass, shingles, etc. This does not include roof-mounted solar panels. Building-integrated solar components are not considered solar energy systems and are thus not subject to Article XVI.
[Added 11-16-2022 by L.L. No. 21-2022]
Based on licenses from the New York State Cannabis Law, an
establishment involving the cultivation, processing, distribution,
retail dispensing or on-site consumption of cannabis, or other adult
use operation, but not including operations exclusively licensed for
medical cannabis.
[Added 7-31-2024 by L.L. No. 4-2024]
As identified in the New York State Cannabis Law, an establishment
involving the consumption of cannabis on premises and licensed by
New York State as an on-site consumption site.
[Added 12-8-2021 by L.L.
No. 15-2021; amended 7-31-2024 by L.L. No. 4-2024]
Based on licenses from the New York State Cannabis Law, an
establishment involving the cultivation and/or processing of cannabis,
including Tiers 2, 3, and 4 under a cultivator license, a business
with a processor license that processes cannabis from other cultivators,
and/or a business with a distributor license that distributes cannabis
from other cultivators.
[Added 7-31-2024 by L.L. No. 4-2024]
Based on licenses from the New York State Cannabis Law, an
establishment involving the cultivation and/or processing of cannabis,
limited to a microbusiness license or to Tier 1 under a cultivator
license.
[Added 7-31-2024 by L.L. No. 4-2024]
As identified in the New York State Cannabis Law, an establishment
which involves the acquisition, possession, sale and delivery of cannabis
to consumers, and licensed by New York State as a cannabis retail
dispensary.
[Added 12-8-2021 by L.L.
No. 15-2021]
All relate to the care of children during the day away from
their normal home and are more specifically defined as follows:
CHILD-CARE CENTER, DAY-CARE CENTER and PRESCHOOL NURSERYProvide daytime child-care service and are customarily housed in an established church building or similar facility. The operation shall be duly licensed by the New York State Department of Social Services and under the direct supervision of New York State licensed personnel and their assistants.
FAMILY DAY-CARE HOMEProvides daytime child-care services and is customarily housed in an established single-family dwelling under the supervision of the residing family which has been licensed by the New York State Department of Social Services or certified by the Monroe County Department of Social Services.
Civic space is an area accessible to the public, residents
and/or patrons of a mixed use for leisure, entertainment and/or recreational
activity, either indoors or outdoors, and may include, but is not
limited to, public squares, playgrounds, seating and event areas,
pocket parks, and public art displays.
[Added 2-27-2019 by L.L.
No. 3-2019]
The person(s) charged with enforcing the provisions of this
chapter. Includes the Code Compliance Officer and the Building Inspector
and/or designee.
[Added 6-26-2019 by L.L.
No. 5-2019]
A dwelling, the primary purpose of which is to provide supportive
and palliative care to no more than two individuals residing there
that are suffering from terminal illness. Typically, care is provided
on a regular basis, often 24 hours, by volunteers, family members,
physicians and home care agencies.
[Added 10-18-2017 by L.L.
No. 8-2017]
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production.
[Added 2-27-2019 by L.L.
No. 3-2019]
A structure used for the harboring of more than four dogs
or cats with attendant commercial services that may include boarding,
grooming, breeding, raising, and/or veterinary care.
[Added 2-27-2019 by L.L.
No. 3-2019]
Parking facilities created for the purpose of generating
income from paid parking, but not including commuter parking lots
owned by a transit operator.
[Added 2-27-2019 by L.L.
No. 3-2019]
An area of smooth turf enabling gatherings for outdoor events
and activities, bounded by a concentration of uses, including commercial,
retail, residential, community and civic.
[Added 2-27-2019 by L.L.
No. 3-2019]
One of a number of allowed uses that together comprise a
mixed use. Such uses are detailed on the Mixed-Use Overlay Component
Use Table.[2]
[Added 2-27-2019 by L.L.
No. 3-2019]
Like-kind groups of component uses. These groups include
residential, commercial, industrial and civic.
[Added 2-27-2019 by L.L.
No. 3-2019]
A group of parcels that, though they are distinct parcels,
are treated as a single parcel for purposes of zoning compliance for
a single mixed use that spans multiple parcels.
[Added 2-27-2019 by L.L.
No. 3-2019]
The on-farm processing, mixing, handling or marketing of
organic matter converted into compost, mulch, or other organic biomass
products in order to process such farm’s agricultural waste
or otherwise for use at the farm, including where either a) the source
organic matter is generated on the farm where the composting is taking
place, or b) the source organic matter is generated off-farm but utilized
on-farm, all as more fully defined at New York Agricultural and Markets
Law, Article 25-AA, Section 301.
[Added 4-13-2023 by L.L. No. 5-2023]
The processing, mixing, handling or marketing of organic
matter converted into compost, mulch, or other organic biomass products
for business purposes. Composting that strictly comprises personal
composting or agricultural composting shall not be considered commercial
composting.
[Added 4-13-2023 by L.L. No. 5-2023]
The on-farm processing, mixing, handling or marketing of
organic matter that is grown or produced by such farm operation to
rid such farm operation of its excess agricultural waste; and the
on-farm processing, mixing or handling of off-farm-generated organic
matter that is transported to such farm operation and is necessary
to facilitate the composting of such farm operation's agricultural
waste. This shall also include the on-farm processing, mixing or handling
of off-farm-generated organic matter for use only on that farm operation.
Such organic matter shall include, but not be limited to, manure,
hay, leaves, yard waste, silage, organic farm waste, vegetation, wood
biomass or by-products of agricultural products that have been processed
on such farm operation. The resulting products shall be converted
into compost, mulch or other organic biomass crops that can be used
as fertilizers, soil enhancers or supplements, or bedding materials.
[Added 2-27-2019 by L.L.
No. 3-2019]
The small-scale processing, mixing, or handling of organic
matter converted into compost, mulch, or other organic biomass products
where both the source organic matter and the compost, mulch, or other
output material is generated on-site by and used only for personal
use by the property owner.
[Added 4-13-2023 by L.L. No. 5-2023]
Shall be defined as defined in § 301 of the New
York Agriculture and Markets Law (AML).
[Added 2-27-2019 by L.L.
No. 3-2019]
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use. This shall be understood to include the professional office or
studio of a physician, dentist, teacher, artist, architect, engineer,
accountant, musician, chiropractor, podiatrist, lawyer, manufacturer's
representative, real estate salesman or broker, travel agent, insurance
agent, business consultant and other services of a professional nature.
One or more rooms providing complete living facilities, including
kitchen facilities or equipment for cooking or provisions for the
same, and including a room or rooms for living, sleeping, bathing
and eating.
[Added 2-27-2019 by L.L.
No. 3-2019]
[Amended 12-7-2011 by L.L. No. 3-2011]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school.
Members of the household having the same address for the purposes
of voter registration, driver’s licenses, motor vehicle registration
and filing of taxes.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
Common ownership of the furniture and appliances among the members
of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Shall be defined as defined in § 301 of the New
York Agriculture and Markets Law (AML).
[Amended 2-27-2019 by L.L. No. 3-2019]
An incidental and subordinate activity of a farm, nursery
or greenhouse involving seasonal retail sale of primarily locally
raised agricultural products, and may include activities in which
retail customers pick or select their own produce from the fields
or growing areas.
[Added 2-27-2019 by L.L.
No. 3-2019]
The land used for the production of woodland products intended
for sale, including but not limited to logs, lumber, posts and firewood.
Farm woodland shall not include land used to produce Christmas trees
or land used for the processing or retail merchandising of woodland
products.
[Added 2-27-2019 by L.L.
No. 3-2019]
A barrier or other structure, typically wall-like and permanent
in nature and composed of wood, metal, wire or plastic, but also sometimes
composed of other materials (such as natural hedges), a primary use
of which is to wholly or partially enclose an area to mark a boundary,
control access, or control view and/or for decorative purposes.
[Added 10-21-2015 by L.L.
No. 12-2015]
A lot with access provided to the bulk of the lot by means
of a narrow corridor. The front lot line of a flag lot shall be the
longest interior lot line which is closest to and parallel to the
right-of-way which provides access to the lot, other than the line
which actually adjoins the right-of-way.
[Added 2-18-2015 by L.L.
No. 1-2015]
A building on a residential lot not physically attached to
the residence building located on such lot for an accessory use and
the storage of not more than three automobiles.
Any garage other than a private garage available to the public,
operated for gain and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting or equipping of automobiles or other
motor vehicles.
The use of a building, equipment and land for a retail place
of business for dispensing of gasoline, motor fuel and motor oil;
for sales and servicing of tires, batteries and other automobile accessories;
and for washing and lubrication services, but not including body or
fender work, painting, major motor repairs or storage of motor vehicles.
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. (This definition
shall not encompass those retail establishments that buy most of their
horticulture stock wholesale, not propagating it themselves).
[Added 2-27-2019 by L.L.
No. 3-2019]
Any area covered by a material that substantially reduces
or prevents infiltration of stormwater into underlying soil. "Impervious
surface" shall include streets, roofs and buildings, sidewalks, driveways,
paved parking lots, and all areas not supporting a significant sod
ground cover.
[Added 2-27-2019 by L.L.
No. 3-2019]
Nonfinancial adjustments to the permissible population density,
area, height, open space, use, or other provisions of a zoning ordinance
or local law for a specific purpose authorized by the Town Board.
[Added 2-27-2019 by L.L.
No. 3-2019]
Infill development may include constructing buildings on
vacant lots, reuse of underutilized sites (such as parking lots and
former commercial or industrial sites), and rehabilitation or expansion
of existing buildings within built-up areas of existing communities
where infrastructure is already in place.
[Added 2-27-2019 by L.L.
No. 3-2019]
A solar energy system that is greater than or equal to 10,000
square feet but no greater than a total of 25 acres.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021]
A building that combines workspace with living quarters.
Typically, the business is on the ground level and faces the primary
street. The traditional arrangement is living quarters above the business
but living space may also be alongside the commercial space or behind
it. An artist's loft, for example, might be a bedroom over a studio.
[Added 2-27-2019 by L.L.
No. 3-2019]
A loft is an apartment that is generally designed as a large,
open space, usually with limited internally walled-in rooms in former
commercial or industrial buildings that have been converted into residential
apartments. Loft apartments are often characterized by high ceilings;
exposed piping and ventilation mechanicals; support beams and poles;
wooden or concrete floors; and large, often floor-to-ceiling, windows.
[Added 2-27-2019 by L.L.
No. 3-2019]
A portion or parcel of land considered as a vacant unit,
devoted to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use and the customary accessories
and open spaces belonging to the same.
A parcel of land at the junction of and fronting on two or
more intersecting streets. Corner lots have at least two front lot
lines, those lot lines fronting on each right-of-way. The rear lot
line shall be that line opposite the front lot line which provides
access via the driveway. The remaining lot line shall be the side
setback line.
[Amended 2-18-2015 by L.L. No. 1-2015]
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines, at
right angles to the street line.
A lot other than a corner lot abutting on two or more streets
or upon a street and a right-of-way of more than 25 feet in width.
The mean width measured at right angles to its depth, at
the setback line.
A solar energy system that is greater than 1,000 square feet
but less than 10,000 square feet, not comprising rooftop solar energy
systems, designed to produce energy for use on site.
[Added 9-22-2021 by L.L. No. 12-2021; amended 11-16-2022 by L.L. No.
21-2022]
A use permitted in a mixed-use overlay district that comprises
at least three distinct component uses from three distinct component
use categories. The component uses shall be distinguishable, complementary
uses.
[Added 2-27-2019 by L.L.
No. 3-2019]
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution.
[Added 10-16-2013 by L.L.
No. 1-2013]
(Hereinafter "approved location") Private property zoned
commercial or industrial that has an approved special use permit from
the Henrietta Town Board; said approval includes designation of one
or more areas within that property that have been approved by the
Town Board, on the recommendation of the Building Inspector or designee,
in which properly licensed mobile food vehicles may operate.
[Added 10-16-2013 by L.L.
No. 1-2013; 6-26-2019 by L.L. No. 5-2019]
The owner of a mobile food vehicle or the owner's agent;
hereinafter referred to as "MFV vendor."
[Added 10-16-2013 by L.L.
No. 1-2013]
Automobiles, trucks, recreational vehicles, boats, motorcycles,
trailers, farm-type tractors and equipment, all-terrain vehicles,
snowmobiles and all other over-the-road motorized vehicles.
[Added 6-20-1990]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is situated.
A zoning district superimposed over an underlying zoning
district to protect a specific resource or guide development in a
specific area. Overlay districts contain special provisions or requirements
that may impose additional or alternative requirements or provisions
than those required by the underlying district typically to either
limit or expand development opportunities from those allowed in the
underlying district. The overlay district may share common boundaries
with the base zoning district or may cut across zoning district boundaries.
These districts are not intended to be substituted for primary, underlying
zoning district provisions, but are superimposed over such underlying
districts.
[Added 2-27-2019 by L.L.
No. 3-2019]
A parent parcel is a large parcel of land from which smaller
parcels have been subdivided. For example, a one-acre parcel that
has been subdivided into four one-quarter-acre lots or a ten-acre
parcel from which a two-acre parcel has been conveyed is considered
the parent parcel.
[Added 2-27-2019 by L.L.
No. 3-2019]
The area required for parking one automobile, which in this
chapter is held to be an area nine feet wide and 18 feet long, not
including passageways.
[Amended 2-18-2015 by L.L. No. 1-2015]
The design of communities, neighborhoods, streetscapes, buildings
and other uses that promote pedestrian comfort, safety, public access
and visual interest.
[Added 2-27-2019 by L.L.
No. 3-2019]
The land adjacent to front, side and rear lot lines, included
within the same space for required setbacks but solely designed and
used for buffering and transition between lots. Irrespective of allowable
structures or uses within such required setbacks, the perimeter strip
shall not be used for parking. Driveways and walkways are permitted
to transverse a perimeter strip to allow for necessary vehicle and
pedestrian movements. It is intended that such perimeter strip be
used for planting of trees, shrubs, flowers, and evergreens to provide
screening and neighborhood beautification.
[Added 2-27-2019 by L.L.
No. 3-2019]
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barber shop, health and fitness center, tailor, or custom
cleaning services.
[Added 2-27-2019 by L.L.
No. 3-2019]
An active civic or social gathering space, predominately
hard-surfaced with complementary landscaping, water features, and
other site furnishings, framed by vertical building walls or closely
planted large trees in lieu of buildings.
[Added 2-27-2019 by L.L.
No. 3-2019]
Where the subject property has frontage on two or more roads,
this refers to the roadway that is used most intensively (e.g., has
the greater volume of vehicular traffic). This usually corresponds
to the public road classification and size, assuming county roads
receive greater traffic than local roads, and that state highways
have greater traffic volumes than county roads. Where the subject
property has frontage on two or more roads, the secondary road or
street refers to the least intensively used roadway.
[Added 2-27-2019 by L.L.
No. 3-2019]
A sign used for a nonresidential or mixed-use building that
is the primary notification of the tenant(s) therein and is generally
located by the main entrance(s) to the building.
[Added 2-27-2019 by L.L.
No. 3-2019]
The methodical analysis and application of knowledge or understanding,
directed toward the production of useful materials, devices, and systems
or methods, including design, development, and improvement of prototypes
and new processes to meet specific requirements, excluding High-Hazard
Group H occupancies, per New York State Building Code, Chapter 3,
Section 307.
[Added 2-27-2019 by L.L.
No. 3-2019]
Stores and shops where goods are sold primarily at retail.
Such sales are 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 lumber yards, restaurants, and fast-food restaurants.
Outside storage or display of goods is permitted only with site plan
approval by the Planning Board.
[Added 2-27-2019 by L.L.
No. 3-2019]
A solar energy system servicing a building or buildings other
than a one- or two-family dwelling, designed primarily to provide
energy to the subject building(s), where the solar panels are wholly
contained on the rooftop of the building(s) (and not including building-integrated
solar components).
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021; 11-16-2022 by L.L. No. 21-2022]
A solar energy system servicing a one- or two-family dwelling,
designed to provide energy to the subject dwelling(s) or to supply
generated energy for off-site use but only in an amount sufficient
to and for the purpose of offsetting on-site energy consumption, where
the solar panels are wholly contained on the rooftop of the dwelling
(not including solar shingles, which are building-integrated solar
components).
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021; 11-16-2022 by L.L. No. 21-2022]
A facility intended for use by the public and operated as
a business for the purposes of storage of personal, household, business
and other property, where the facility is accessed directly by the
owner of the stored property. A self-storage facility does not include
residential storage sheds, warehouses or outdoor storage areas or
yards. A self-storage facility includes only those facilities used
exclusively for storage inside the facility. It does not include facilities
that accommodate outdoor storage such as storage yards for vehicles
and recreational equipment.
[Added 6-7-2017 by L.L.
No. 2-2017; amended 8-8-2018 by L.L. No. 6-2018]
The shortest distance from a lot line of a lot to the exterior
of any building located or to be located thereon.
[Added 2-18-2015 by L.L.
No. 1-2015]
Two or more separately owned or operated commercial enterprises
which are located in a single building, two or more connected or adjacent
buildings, or two or more buildings developed as part of a single
integrated shopping development, often sharing common drives and parking
lots.
[Added 2-22-2023 by L.L. No. 3-2023]
A corner lot location, at the intersection of two streets,
providing a distinguishing architectural element, building massing,
or a composition of architectural elements to signify the importance
of the corner. Architectural elements may include distinguishing materials,
textures, colors, fenestrations, cornices, or similar elements designed
to highlight a corner.
[Added 2-27-2019 by L.L.
No. 3-2019]
A solar energy system that is smaller than 1,000 square feet,
not comprising rooftop residential solar energy systems, designed
to produce energy for use on site. Smaller self-solar powered devices
directly attached to a building, such as solar powered porch lighting,
are exempt from these regulations.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021; 11-16-2022 by L.L. No. 21-2022]
Any establishment which offers for sale or consideration,
as a substantial or significant portion of its business, merchandise
and/or stock-in-trade, whether intended for smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body, the following ("smoke shop products"): a) tobacco,
tobacco products, or tobacco/smoking paraphernalia, including but
not limited to cigarettes, cigars, pipes, hookahs, etc., and/or b)
electronic cigarettes (e.g., electronic nicotine delivery systems),
vape pens, vapors, e-liquids, e-vaporizers, or other like substances,
and/or c) CBD (cannabidiol) products (not including products containing
THC), including but not limited to CBD gummies and/or CBD oil, for
example. Smoke shops shall not include cannabis retail dispensaries.
[Added 10-25-2023 by L.L. No. 10-2023]
"Substantial or significant."
Factors of significance. For purposes of this definition, "substantial
or significant" may be determined using the following considerations:
The amount of sales floor area used for the sale of smoke shop
products, including as compared to the total sales floor area used
for the sale of other products; and/or
The amount of smoke shop products accessible to customers, generally,
including as compared to other products accessible to customers; and/or
Revenues derived from smoke shop products, including as compared
to total revenues; and/or
Advertising/marketing devoted to smoke shop products, including
as compared to advertising/marketing otherwise; and/or
The use of the establishment for smoke shop products, including
as compared to total use thereof.
Conclusive determination. Notwithstanding the above considerations,
the following shall be conclusive in determining a "substantial or
significant portion:"
Thirty-three percent or more of the sales floor area is used
for the sale of smoke shop products; and/or
Thirty-three percent or more of the establishment's stock-in-trade
comprises smoke shop products; and/or
Thirty-three percent or more of the establishment's gross income
is derived from smoke shop products; and/or
Thirty-three percent or more of the establishment's advertising/marketing
is devoted to smoke shop products.
Grocery/supermarket/convenience stores. Any grocery store, supermarket,
convenience store or similar retail use that sells conventional cigars,
cigarettes or tobacco as ancillary sales (i.e., smoke shop products
are not a "substantial or significant" portion of business) shall
not be defined as a smoke shop.
Components, subsystems, equipment and associated structures
and materials that directly convert and/or transfer or store solar
energy into usable forms of thermal or electrical energy. Smaller
self-solar powered devices directly attached to a building, such as
solar powered porch lighting, are not solar energy systems and are
exempt from these regulations as they would otherwise apply specifically
to solar energy systems.
[Added 6-21-2017 by L.L.
No. 4-2017; amended 9-22-2021 by L.L. No. 12-2021]
The area of the solar energy system, including the area (typically
contained within a security fence) comprised of solar panels (measured
as the panels are laid out at the flattest adjusted angle), including
the space between the solar panels and rows of solar panels, as well
as any buildings, structures, equipment, access or maintenance roads,
or pathways related to the solar energy system.
[Added 9-22-2021 by L.L. No. 12-2021[3]]
Generally, a non-passenger motorized vehicle (i.e., not a
passenger car or passenger truck such as those typically sold at a
car dealership), including but not limited to, for example, semi-tractor
trailers, commercial motor vehicles, recreational motor vehicles,
and heavy motorized equipment, and also including, for example, custom
handicap accessible vehicles, motorcycles, snowmobiles, etc.
[Added 3-9-2022 by L.L.
No. 6-2022]
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
[Added 2-27-2019 by L.L.
No. 3-2019]
A building in which any horses are kept for remuneration,
hire or sale.
[Added 2-27-2019 by L.L.
No. 3-2019]
A single-story structure that:
[Added 4-6-2005]
Trees typically planted in the planting strip between the
sidewalk and the curb of the street, spaced approximately 30 feet
on-center, that are intended to enhance the streetscape of the public
right-of-way.
[Added 2-27-2019 by L.L.
No. 3-2019]
Any man-made facility, including buildings, towers and other
edifices.
Any structure intended for swimming or recreational bathing
capable of containing water over 24 inches (610 mm) deep. This includes
in-ground, aboveground and on-ground swimming pools, hot tubs, spas,
and retention or decorative ponds.
[Amended 2-18-2015 by L.L. No. 1-2015]
A one- or two-story single-family dwelling unit joined with
another family unit or units in a row or cluster but separated from
each other by party walls.
Usable acres, also referred to as buildable or developable
acreage, is land that is not constrained from development by certain
natural or cultural features, such as but not limited to steep slopes,
wetlands and floodplains.
[Added 2-27-2019 by L.L.
No. 3-2019]
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the right-of-way
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the main foundation wall of the building and the right-of-way line.
[Amended 2-18-2015 by L.L. No. 1-2015]
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
An open, unoccupied space on the same lot with a main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the rear line of the front yard
to the front line of the rear yard.
A property has zoning street frontage on a subject road where
the building housing the proposed use is visible from the public while
traversing such road, the primary vehicular access to the property
housing such building is via such road, and the primary entrance for
customers to such building shall be within 500 feet of such road.
[Added 3-24-2021 by L.L. No. 2-2021; amended 3-23-2022 by L.L. No. 7-2022]
[1]
Editor's Note: The former definition of "building-integrated
solar components," added 6-21-2017 by L.L. No. 4-2017, which immediately followed this
definition, was repealed 9-22-2021 by L.L. No. 12-2021.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
[3]
Editor's Note: This local law also repealed the former definition
of "solar energy system square footage, added 6-21-2017 by L.L. No. 4-2017, which immediately
followed this definition.
