A.
This chapter provides for the regulating, controlling
and restricting of the location, construction and use of real estate,
buildings and structures and for the general use and development of
land in the Town and, for said purposes, dividing the Town into districts.
B.
The provisions of this chapter shall be held to be
the minimum requirements adopted for the purpose of promoting the
health, safety, morals and general welfare of the inhabitants of the
Town, to secure safety from fire, panic and other dangers, to lessen
congestion in the streets, to provide adequate light and air, to prevent
the overcrowding of land, to conserve property values, to preserve
beneficial environmental characteristics and to promote the growth
and prosperity of the Town.
A.
Except as hereinafter provided, no building or structure
shall be erected, moved, altered or extended and no land, building
or structure or part thereof shall be occupied or used unless in conformity
with the regulations specified for the district in which it is located.
B.
No building shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have narrower
or smaller rear yards, front yards or side yards than is specified
herein for the district in which such building is located.
C.
No part of a yard or other open space about any building
required for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
D.
All uses not specifically permitted in a district
or permitted after obtaining a special permit or other relief set
forth in this chapter shall be deemed prohibited.
E.
This chapter shall not apply to existing buildings
and structures, nor to the existing use of any building, structure
or land to the extent to which it was legally used at the time of
original enactment of this chapter. This chapter shall apply to any
change in use, alterations, extension or movement of a building or
structure and to any change in use of a building or structure and
to any change in use of land subsequent to the enactment of this chapter.
F.
This chapter shall not revoke any provisions of any
prior zoning ordinance or regulations as such provisions applied to
uses, alterations, extensions, buildings and structures which preceded
the effective date of this chapter.
A.
Except where specifically defined herein, all words
in this chapter shall carry their customary meanings. Words used in
the present tense include the future, and the singular includes the
plural; the word "lot" includes "plot"; the word "shall" is mandatory;
"occupied" or "used" shall be considered as though followed by "or
intended, arranged or designed to be used or occupied"; "person" includes
individual, partnership, association, corporation, company or organization.
Doubt as to the precise meaning of any word used in this chapter shall
be clarified by the Board of Appeals under its powers of interpretation.
B.
ACCESSORY USE
ARTISAN
BED-AND-BREAKFAST HOUSE
BUILDING
BUILDING FOOTPRINT
BUILDING HEIGHT
CANNABIS
CANNABIS PRODUCTS or CANNABIS-INFUSED PRODUCTS
CANNABIS RETAIL DISPENSARY
CARE HOME
CODES ENFORCEMENT OFFICER
COMMERCIAL STORAGE
COMMUNITY CENTER
CONGREGATE-CARE SERVICES
CONTAINER STORAGE
DAY-CARE CENTER
DOG KENNEL
DOMESTIC HOUSEHOLD PETS
DRIVE-THROUGH
DRIVEWAYS AND/OR PRIVATE ROADS
DWELLING
DWELLING UNIT OR D.U.
FAMILY
FARMS, FARMING AND FARM USE OR OCCUPANCY
FRONT YARD
FRONT YARD DEPTH
GATHERING PLACES
GREENHOUSE
(1)
(2)
(3)
HOME OCCUPATION
JUNKYARD
LANDSCAPE BUSINESS
LOT AREA
LOT COVERAGE
MANUFACTURING
(1)
(2)
MOBILE HOME
MULTIPLE-FAMILY DWELLING
OUTDOOR DISPLAY
(1)
(2)
(3)
OUTDOOR SALES
OUTDOOR STORAGE
PARKING SPACE
PERSONAL SERVICE
PET CARE SERVICES
PLACES OF ENTERTAINMENT
PRIVATE GARAGE
PROFESSIONAL OFFICES
PUBLIC UTILITY STRUCTURE
REAR YARD
REAR YARD DEPTH
RESIDENCY (RESIDE, RESIDING)
RESTAURANT
RETAIL SALES
RURAL OCCUPATION
SELF-STORAGE FACILITIES
(1)
(2)
SIDE YARD
SIDE YARD DEPTH
SIGN
SMALL WIND ENERGY SYSTEM or ON-SITE-USE WIND ENERGY SYSTEM
STRUCTURE
TOWNHOUSE
TWO-FAMILY DWELLING
URGENT CARE FACILITY
USE
VEHICLE BUSINESSES
(1)
(2)
(3)
(4)
(5)
(6)
VEHICLE DEALER
WIND ENERGY CONVERSION SYSTEM
When used in this chapter, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following terms shall have the meanings indicated:
A building or use clearly incidental or subordinate to and
used in connection with a dwelling and located on the same lot therewith.
Establishments primarily engaged in the on-site production
of goods by hand manufacturing involving the use of tools and small-scale
equipment. Activities do not involve the creation of noxious by-products.
Examples include artist, woodworker, crafter, baker, jeweler, and
potter.
[Added 12-2-2020 by L.L. No. 10-2020]
An owner-occupied house rented for transient tourist occupancy,
with the utilization and arrangement of space within the building
providing common areas such as kitchen, dining room, living room,
parlors, dens and hallways for the common use by guests, but otherwise
similar to that of a single-family residence.
[Amended 3-10-1993 by Ord. No. 1-1993]
Any structure having walls and covered by a roof or roofs.
The outline of the total area of a lot or site that is surrounded
by the exterior wall of a building or portion of a building, measured
at the foundation.
[Added 12-2-2020 by L.L. No. 10-2020]
The vertical distance measured from the lowest elevation
of the building wall at the finished grade to the highest point of
the roof.
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the federal Food and Drug Administration.
[Added 4-24-2024 by L.L. No. 3-2024]
Manufactured products that contain either cannabis or concentrated
cannabis which are intended either for consumption via inhalation
or ingestion, principally for recreational or medicinal use.
[Added 4-24-2024 by L.L. No. 3-2024]
Any commercial operation licensed by the New York State Office
of Cannabis Management which exists in a fixed location and which
sells to the public cannabis products or cannabis-infused products
in compliance with the provisions of the New York State Cannabis Law
(and any other applicable laws now or hereafter in existence). Cannabis
retail dispensaries may not sell tobacco products absent authorization
by state and local law and requisite permitting. A cannabis retail
dispensary does not include an on-site cannabis consumption establishment.
[Added 4-24-2024 by L.L. No. 3-2024]
A structure occupied as a temporary or permanent residence
by three to eight persons and which is either designed principally
for housing for the aged where specific age limits are prescribed
by public or private regulatory or administrative agencies, irrespective
of the need for custodial care and/or supervision on the premises,
or which is designed for occupancy by persons who, by reason of chronic
illness, handicap, age, senility, convalescence or infirmity, are
dependent upon varying amounts of custodial care and/or supervision.
This term shall include, by way of illustration and not limitation,
nursing homes, rest homes and homes for prenatal care and convalescence.
This term shall not include hospitals, clinics, mental health facilities
or similar institutions devoted primarily to the diagnosis and/or
treatment of disease or injury.
Any references contained in this chapter to the Codes Enforcement Officer shall also mean the Director of the Office of Planning and Development. The Director of the Office of Planning and Development shall have all of the powers and duties conferred upon the Codes Enforcement Officer under this Chapter 155 and Chapter 127. The Director of the Office of Planning and Development, by authority of this code, is further authorized to supervise the Office of Planning and Development and administer the Town Zoning Code and Subdivision Regulations, at the direction of the Town Board, Planning Board and Zoning Board of Appeals, and to assume other responsibilities as directed by these boards.
[Added 3-22-2006 by L.L. No. 4-2006]
A warehouse use which is a storage option utilized for a
business use as opposed to an individual or personal use, and which
use includes fulfillment and delivery of products to an ultimate consumer,
but not including self-storage facilities.
[Added 12-2-2020 by L.L. No. 10-2020]
Includes a public or private meeting hall, place of assembly,
museum, art gallery, library, place of education or church not operated
primarily for profit.
A facility used for the treatment and/or care of people,
including, for example, nursing homes, day-care centers, and residential
care facilities.
[Added 12-2-2020 by L.L. No. 10-2020]
The outdoor storage of multiple intermodal shipping containers
(typically steel containers 40 feet by nine feet with one opening
at the end) or portable moving containers (may be steel or wood, typically
20 feet by eight feet or smaller).
[Added 12-2-2020 by L.L. No. 10-2020]
A structure used to provide care for children away from their
homes, for less than 24 hours a day, whether in a home, a day nursery
or other place operated by an individual, an association, corporation,
institution or agency for such purpose, for compensation or otherwise
as set forth in a duly issued license by the State of New York for
child care services. Day-care centers shall also have the right to
provide accessory services pursuant to a duly issued accessory use
permit issued by the Planning Board.
[Amended 10-14-2015 by L.L. No. 5-2015]
Includes any place or premises where dogs are kept for the
commercial purposes customarily associated with a kennel, including,
without limitation, such activities as breeding, boarding, grooming
or training.
As used in this chapter, shall refer to animals customarily
residing with persons in residential areas, but shall not include,
among other animals, swine, pigeons, foxes, minks, skunks or other
such fur-bearing animals, and no accessory structure shall be erected
or maintained for harboring any such animals.
[Amended 3-24-2021 by L.L. No. 3-2021]
An accessory use which, by design of physical facilities
or by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product while remaining in a motor
vehicle and may include drive-in outdoor theaters, fast-food establishments,
banks and similar uses.
[Added 12-2-2020 by L.L. No. 10-2020]
Includes a means of egress or ingress to a lot or property.
A driveway and/or private road shall be set back not less than two
feet from the side lines.
A permanent structure and which does not include casual or
temporary shelters such as tents, trailers on wheels or other shelter
designed to be readily removable from the premises.
That part of a multiple-family dwelling providing complete
living quarters for one family.
Includes and means any activity customarily carried on upon
a farm, except where the farming is conducted in a residential district
as a nonconforming use, in which case the uses to which such property
may be put shall be confined to the farm activities and uses for which
the property is being used at the time of the effective date of this
chapter.
The area located on a lot between the highway right-of-way
line and the line parallel to said right-of-way line passing through
the point closest to the right-of-way line which is in the face of
the building or any structure requiring a building permit located
on said lot.
The length of a line perpendicular to the highway right-of-way
line, connecting said right-of-way line with the parallel line passing
through the point closest to the right-of-way line which is in the
face of the building or any structure requiring a building permit.
Building centers or facilities which have the primary purpose
of assembling members of the community for recreational, spiritual,
educational, and charitable services.
[Added 12-2-2020 by L.L. No. 10-2020]
[Added 12-2-2020 by L.L.
No. 10-2020]
RESIDENTIALAn accessory structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for personal or noncommercial use.
COMMERCIALA primary use structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for retail or wholesale sale, and which includes appropriate areas for parking, loading and storage, office and customers.
FARM STANDAn incidental and subordinate activity of a farm, nursery or greenhouse involving a building or lot or portions of a building or lot used for the seasonal retail sale of agricultural or horticultural products.
Any occupation or a profession which is carried on in a dwelling
unit or a building or other structure accessory to a dwelling unit;
and is carried on solely by a member of the family residing in the
dwelling unit; and is clearly incidental and accessory or secondary
to the use of the dwelling unit for residential purposes. In particular,
a "home occupation" may include but is not limited to the following:
home crafts, art studio, dressmaking, teaching (with musical instruction
limited to a single pupil at a time) and the professional office of
a dentist, physician, lawyer, engineer, architect or accountant, real
estate broker and an insurance salesman within a dwelling occupied
by the same.
[Amended 12-13-2000 by Ord. No. 5-2000]
A place where there is an actual or intended accumulation
of any of the following: scrap, garbage, debris, junk vehicles and
equipment, landfill materials and like materials, whether said materials
are intended or not intended for resale.
[Added 12-2-2020 by L.L. No. 10-2020]
A lot configured for the primary use as a business concern
which may operate to construct, install and maintain lawns, trees,
yards, shrubs, gardens, patios, related grounds and other outdoor
areas which are owned by others.
[Added 12-2-2020 by L.L. No. 10-2020]
The total area within the property lines, excluding any point
thereof lying within the boundaries of a public street or proposed
public street.
The percentage of the lot covered by building footprints,
paved areas, driveways, parking areas and any other impervious surfaces.
[Added 12-2-2020 by L.L. No. 10-2020]
Includes the following:
[Added 12-2-2020 by L.L.
No. 10-2020]
LIGHT MANUFACTURINGA business where all processing, fabrication, assembly, or disassembly of items takes place wholly within an enclosed building. Typical items include, but are not limited to, apparel, home accessories, food, jewelry, instruments, computer, and electronic devices. Activities do not involve the creation of noxious by-products.
HEAVY MANUFACTURINGThe production of products for use or sale, using labor, machines, tools, and chemical or biological processing or formulation; most involving industrial design, in which raw materials from primary industry are transformed into finished goods on a large scale.
A movable unit, with or without wheels, whether on a foundation
or rigid support, capable of being used year round for living quarters
and not built to the New York State Uniform Fire Prevention and Building
Code one-family dwelling regulations.[1] A "mobile home" shall contain not less than 600 square
feet of floor area. A prefabricated, sectional or modular dwelling
built to the New York State Uniform Fire Prevention and Building Code
one-family regulations shall not be considered a "mobile home."
A building designed as a residence for or used as living
quarters by three or more families living independently of each other
and all quarters and amenities owned by the same person.
An outdoor arrangement of merchandise, other than vehicles,
as a primary use on a site, which outdoor arrangement typically is
not in a fixed position and/or capable of rearrangement and is designed
and used for the display of merchandise or tangible property sold
or rented within the principal business, including individual freestanding
merchandise such as sheds. Outdoor display shall not include:
[Added 12-2-2020 by L.L. No. 10-2020]
Displayed items of merchandise which exceed a height of 12 feet
above the ground;
Outdoor storage of merchandise, including goods, merchandise,
or products stacked on pallets and/or wrapped in packing materials,
such that the items are not readily available for the public for immediate
retail sale;
Junkyards.
The sale and display of merchandise in connection with and
accessory to a primary use of the business or enterprise. Outdoor
sales which exceed 25% of the gross floor area of the main business
use are not included in this definition unless an accessory use permit
is obtained.
[Added 12-2-2020 by L.L. No. 10-2020]
Storage of materials or merchandise, other than vehicles,
outdoors, for a period greater than 24 hours, including items for
sale, lease, processing, or repair and equipment for use by a business,
but not including:
[Added 12-2-2020 by L.L. No. 10-2020]
A surfaced area outside of any building, or indoors in the
case of a garage, having an area of not less than 200 square feet,
exclusive of driveways, permanently reserved for the temporary storage
of one licensed automobile and connected with a street by a surfaced
driveway which affords satisfactory ingress and egress for automobiles.
"Parking spaces" may be utilized in groups of two or more so long
as the other qualifications of this definition are satisfied.
An establishment that provides care, advice, aid, maintenance,
repair, treatment, or assistance, not including the practice of a
profession or retail sale of goods. Examples include, but are not
limited to, beauty shops and barbershops, laundromats, massage therapy,
tanning salons, tailors, shoe cleaning or repair shops, and dry-cleaning
pickup and dropoff shops.
[Added 12-2-2020 by L.L. No. 10-2020]
Establishments primarily engaged in grooming, training and/or
boarding services for pets, not farm animals. Uses may include dog
kennels, pet day care and animal shelters.
[Added 12-2-2020 by L.L. No. 10-2020]
Establishments which deliver services to people of an entertainment
nature, generally in group settings, such as theaters, bowling alleys,
skating rinks, event spaces, miniature golf, arcades, and pool halls.
[Added 12-2-2020 by L.L. No. 10-2020]
A noncommercial garage building in which not more than four
vehicles may be stored and whose height will not exceed 17 feet.
[Amended 12-13-2000 by Ord. No. 5-2000]
Professional, executive, management, or administrative offices
of private organizations, government agencies, religious or educational
institutions. Examples include medical practices, administrative services,
legal, accounting, and architectural firms.
[Added 12-2-2020 by L.L. No. 10-2020]
Pumps, substations, towers, antennas and similar infrastructure
for public benefit. They shall not contain offices or have any outdoor
storage of materials. No employees will be on site full time. All
such structures shall be subject to conditions as the Planning Board
may impose to preserve and protect the character of the neighborhood.
[Added 12-2-2020 by L.L. No. 10-2020]
The area located on a lot between the rear lot line and the
line parallel to said rear lot line passing through the point closest
to the rear lot line located in the building or structure requiring
a building permit located on the lot.
The shortest distance between the rear lot line and the building
or structure requiring a building permit on the lot.
The actual principal domicile of an individual where he or
she normally eats or sleeps and maintains usual personal and household
effects.
[Added 5-22-2002 by Ord. No. 2002-5]
A building or portion thereof utilized for the sale, preparation
and/or consumption by the public on and/or off the premises of food
and/or beverages, including alcohol. Restaurants include industry-recognized
subcategories of fast food, coffee house and fast casual that typically
include counter or take-out service as well as casual and fine dining
at which patrons are served at a table.
[Added 12-2-2020 by L.L. No. 10-2020]
A commercial enterprise that provides goods directly to the
consumer, where such goods are available for immediate purchase and
removal from the premises by the consumer. Examples include, but are
not limited to, apparel shops, appliance sales, auto parts stores
without service, bookstores, department stores, factory outlet stores,
florists, gourmet/specialty food stores, grocery stores, cannabis
dispensaries (not including on-site consumption) and similar agricultural
and consumer goods.
[Added 12-2-2020 by L.L. No. 10-2020; amended 11-15-2023 by L.L. No.
13-2023]
An occupation which is carried on in a dwelling unit or on
or from a property where a dwelling unit exists, provided that the
occupation is carried on by the owner of the property or a member
of the owner's family. The person engaged in the occupation must reside
in the dwelling unit, and the "rural occupation" must be clearly incidental
and accessory or secondary to the use of the property and/or dwelling
unit for residential purposes. In particular, a "rural occupation"
may include but is not limited to the following: mechanical and/or
repair work, engine repair, appliance repair, stands for the sale
of baked goods, home crafts or nursery merchandise, small-scale off-site
construction, driveway installation or repair and similar low-intensity
construction businesses, landscaping enterprises, delivery services,
beauty parlors and small, low-intensity businesses of a similar nature.
A "rural occupation" shall not include, among other things, restaurants,
parking lots, drive-in retail fuel stations or open storage of inoperative
motorized equipment.
[Added 1-26-1994 by Ord. No. 1-1994]
Include the following:
[Added 12-2-2020 by L.L.
No. 10-2020]
SELF-STORAGE INDOOR FACILITYA building with outdoor access to an internal common area, as opposed to outdoor access to individual storage units. The interior space may be configured as parking spaces for cars and boats, fenced cages, or individual secure rooms.
SELF-STORAGE OUTDOOR FACILITYA building or buildings with multiple doors for access to individual storage units from the outdoors.
The area located on a lot between the side lot line and a
line parallel to said side lot line and passing through the point
closest to said lot line in any part of the building or structure
requiring a building permit located on said lot.
The shortest distance between the side lot line and the building
or structure requiring a building permit on the lot.
Any letter, figure, character, mark, plane, point, marquee
sign, design, poster, pictorial, picture, stroke, stripe, line, trademark,
reading matter, or illuminated service, which shall be constructed,
placed, attached, painted, erected, fastened, or manufactured in any
manner whatsoever, so that the same shall be used for the attraction
of the public to any place, subject, person, firm, corporation, public
performance, article, machine or merchandise, whatsoever, which is
displayed in any manner whatsoever outdoors.
[Added 12-13-2000 by Ord. No. 5-2000]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated controller-conversion electronics which has
a rated capacity of no greater than 15 kW at 25 mph for single-family
residential related use and no greater than 125 kW at 25 mph (for
nonresidential and farm applications) and which is intended to reduce
on-site consumption of utility power.
[Added 6-11-2008 by L.L. No. 2-2008]
Anything constructed or erected, the use of which requires
temporary or permanent location on or support of the soil and which
is attached to anything on the soil, but shall not include private
driveways or roads.
A row of three or more dwelling units, separated from one
another by continuous vertical wall(s) without opening from basement
floor to roof.
A building containing two dwelling units, each for occupancy
by one family, but under single ownership.
A medical office serving outpatients which typically offers
medical services as a convenient option when a party's regular medical
caregiver/physician is away or unable to offer a timely appointment
or when illness or injury occurs outside of regular caregiver office
hours.
[Added 12-2-2020 by L.L. No. 10-2020]
The purpose for which a building, structure or premises or
any part thereof is or are occupied or, if unoccupied, the purpose
for which it may be occupied.
Primary uses of lots and include the following:
[Added 12-2-2020 by L.L.
No. 10-2020]
USED VEHICLE SALESA lot for the primary use of sale or rental of previously owned motor vehicles, indoors or outdoors, which lot includes a principal building supporting the sales use and wherein the occupant of the lot is registered for such sales with the New York State Department of Motor Vehicles.
VEHICLE REPAIRSA lot for the primary use of repair, servicing, or inspection of motor vehicles, and which lot includes a principal building supporting the use and wherein any individual vehicles awaiting service do not occupy any space on the lot for greater than 60 days, and wherein the occupant of the lot is registered for such repair activity with the New York State Department of Motor Vehicles.
OUTDOOR DISPLAY OF VEHICLESA lot for the primary use by a vehicle dealer, for display of motor vehicles for sale or rent, and which lot is intended to be visited by the customers of the dealer.
VEHICLE DEALERSHIPA lot for the primary use by a vehicle dealer, which lot includes a principal building, and which includes the sale of new and used vehicles wherein the display of vehicles may be indoors or outdoors and including as accessory to the sale of vehicles a full-service vehicle repair facility and retail sales of vehicle parts and accessories.
OUTDOOR VEHICLE STORAGEA lot used by a vehicle dealer exclusively for the storage of motor vehicles that are not located on the same lot as the vehicle dealership, and which lot is not accessible to or used by customers.
RECREATIONAL VEHICLE SALESA lot used by a vehicle dealer for the sale of motor homes, recreational vehicles and campers, which lot includes a principal building, and which lot is intended to be visited by customers.
A person or entity registered with the New York State Department
of Motor Vehicles as a motor vehicle dealer/transporter.
[Added 12-2-2020 by L.L. No. 10-2020]
A machine that converts the kinetic energy in the wind in
a usable form (commonly known as a "wind turbine" or "windmill").
The wind energy conversion system or WECS includes all parts of the
system.
[Added 6-11-2008 by L.L. No. 2-2008]
