A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
B.
Unless the context clearly indicates the contrary, words used in
the present tense include the future, the singular number includes
the plural, and the plural the singular.
C.
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
D.
Where the words "lot," "plot," "parcel," "tract of land" and "premises"
are used, the use of one shall include the others.
E.
The word "structure" includes the word "building."
F.
The word "used" refers to the actual fact that a lot or land, building
or structure is being occupied or maintained for a particular use.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
G.
The word "shall" is mandatory and not directory.
For the purposes of this chapter, certain words and terms are
defined as follows:
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A secondary dwelling unit of 600 square feet or less of habitable
space, established in conjunction with, and clearly subordinate to,
a primary dwelling unit, that shall be located in the same structure
as the primary dwelling unit.
A structure or building that is used incidentally to the
principal use of a building or lot. Swimming pools, garages, carports,
tool sheds, carriage houses and pool houses are deemed accessory structures
or buildings restricted to residential use.
A use customarily incidental and subordinate to the principal
use of a building on the same lot with such principal use of the building.
New construction added to an existing building or structure.
An entertainment cabaret or nightclub, motion-picture theater,
massage or retail establishment as defined below:
ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion (more than 25%) of merchandise in number, value or bulk, and/or more than 10% floor area of its stock-in-trade, books, magazines, periodicals or other printed or digital matter or photographs, films, videos, digitalized compact discs, slides or other visual representations that are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities, which are for sale, rent or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment that regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, digitalized compact discs or videos, slides or other photographic or digital material, or that utilizes employees who, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment that, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, digitalized compact discs or videocassettes, slides or other photographic or digital reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist, or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
SPECIFIED SEXUAL ACTIVITIESAny of the following specified activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
The production, keeping or maintenance of plants and animals.
For purposes of this chapter, agriculture is further defined and regulated
by the following subcategories:
ANIMAL HUSBANDRYA use where animals are reared or kept to sell the animals or their products, such as meat, fur or eggs, but does not include pet day-care centers or animal shelters and kennels.
AQUACULTUREA use in which fish, shellfish and other marine foods, aquatic plants or aquatic animals are cultured or grown in fresh or salt waters to sell them or the products they produce.
COMMUNITY GARDENA use in which land managed by a public or nonprofit organization or group of individuals is used to grow plants and harvest food or ornamental crops for donation or for use by those cultivating the land.
MARKET GARDENA use in which plants, and products derived from them, are grown and sold on the same lot or off site. No other items can be sold on site. Examples may include flower and vegetable raising, orchards and vineyards.
The production, keeping or maintenance of plants and animals
by the residents of the property, guests of the property owner, or
a gardening business hired by the property owner.
A service way that affords a secondary public means of vehicular
access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts, or in the entrance and exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
Equipment for the collection of solar, wind or geothermal
energy or its conversion to electrical energy for use on the same
property or nearby properties, or for incidental sale to a public
utility, when that equipment is accessory to a principal use of the
property.
Any structure or property that houses stray, abandoned or
owner-surrendered animals, except for fish, for impoundment purposes
for future disposition, including redemption, adoption, sale or disposal.
This use may include facilities for the destruction and disposal of
animals. Foster home sites and mobile adoption sites may be utilized
in the operation of the animal shelter.
The sum of the gross horizontal areas of the several floors
of a building, including interior balconies, mezzanines and basements,
but excluding exterior balconies, unfinished basements and attics.
All horizontal dimensions of each floor area shall be measured by
the exterior face of walls of each such floor, including the walls
of roofed porches having more than one wall. The floor area of a building
shall include the floor area of accessory buildings on the same lot,
measured the same way.
A structure or building utilized for the display and sale
of artwork.
A workshop or workroom for the creation of fine arts and
crafts such as painting, sculpturing, photography or other handmade
pieces of art. The space may include a residential unit and it may
also include a teaching area for small groups of 10 or fewer.
A structure or building designed for the washing, waxing
or similar treatment of automobiles as its principal function.
The dismantling or disassembling of used motor vehicles or
the storage, sale, salvaging or dumping of dismantled, partially dismantled,
obsolete or wrecked motor vehicles or their parts. As used in this
definition, the term "vehicle" shall mean a passenger-type automobile,
truck, tractor-truck, trailer, bus, motorcycle, snowmobile or other
vehicle, however propelled, as well as tractors, bulldozers, machinery
and similar equipment.
A place where the principal income is derived from the sale
or serving of alcoholic beverages for consumption on the premises,
with or without live entertainment. For purposes of this chapter,
this definition also applies to the term "tavern."
That space of a building that is partly below grade that
has more than half of its height, measured from floor to ceiling,
above the average established finished grade of the ground adjoining
the building. For purposes of this chapter, this definition also applies
to the term "cellar."
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a standalone 12-volt car battery or an electric motor vehicle.
A battery energy storage system is classified as a Tier 1 or Tier
2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
An owner-occupied single dwelling unit in which at least
one, but not more than four, sleeping room is provided by the owner-occupant
as overnight/lodging facilities, with or without meals, for the accommodation
of transient guests.
A human-made mound of earth designed for decorative, screening
or buffering purposes.
See "off-premises sign."
See "group dwelling."
A place, site or structure to facilitate the ingress or egress
of a watercraft into or onto a body of water.
An eating and drinking establishment where beer is prepared
on the premises for on-site consumption. The brewing of such beer
is accessory to the eating and drinking establishment. See also "microbrewery."
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
The total ground floor area of a principal building and accessory
buildings, exclusive of uncovered porches, parapets, steps and terraces.
That area of the lot or plot covered by a building.
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.
A building surrounded by open space on all sides on the same
lot.
A facility or building, or portion thereof, that houses a
variety of small entrepreneurial businesses that may or may not share
space and resources in common areas. Businesses may include any commercial
or industrial uses permitted in the zoning district in which they
are located.
A small restaurant, coffeehouse or delicatessen of no more
than 1,000 square feet of gross floor area where beverages and/or
food is served for consumption on and/or off premises.
The diameter of a tree trunk.
The production, cultivation, manufacturing, processing, possession,
storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products as defined in the
NYS Marihuana Regulation and Taxation Law.
The growing, cloning, harvesting, drying, curing, grading
and trimming of cannabis plants for sale to certain other categories
of cannabis license- and permit-holders. For purposes of this chapter,
cannabis cultivation shall be considered a "light industrial" use
and shall not be considered an "agricultural use."
An establishment used exclusively for the retail sale of
cannabis and as otherwise defined in the NYS Marihuana Regulation
and Taxation Law that is registered to operate in the State of New
York. For purposes of this chapter, a cannabis dispensary is a "retail
sales establishment."
A licensee as defined and regulated by the NYS Marihuana
Regulation and Taxation Law that extracts concentrated cannabis and/or
compounds, blends, extracts, infuses or otherwise manufactures concentrated
cannabis or cannabis products, but not the cultivation of the cannabis
contained in the cannabis product. For purposes of this chapter, a
cannabis processor is a "manufacturing use."
Cannabis, concentrated cannabis and cannabis-infused products
for use by a cannabis consumer and as defined in the NYS Marihuana
Regulation and Taxation Law.
The solicitation or receipt of an order for, to keep or expose
for sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
A roof free of enclosing walls over an entrance to a building
or structure, or over a fuel pump island. Said roof may be freestanding
or attached to the building or structure.
A roofed structure not more than 75% enclosed by walls and
attached to the main building for the purpose of providing shelter
for one or more motor vehicles. See also "carport, temporary."
An accessory structure made of canvas, aluminum or similar
materials, or any combination thereof, on movable framing for the
shade and shelter of motorized vehicles.
Property used for the interring of the dead. This use shall
not include facilities for cremation.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists or social workers and where
patients are not usually lodged overnight.
An association of persons for the promotion of some lawful
nonprofit common objective, such as literature, science, politics,
good fellowship or community service, which meets periodically in
a building, the use of such building being restricted to members and
their guests.
An informal restaurant primarily offering coffee, tea and
other beverages and where light refreshments and limited-menu meals
may also be sold.
An educational institution authorized by New York State to
award associate, bachelor's, master's or doctoral degrees and theological
schools. A college/university may also include related ancillary facilities,
such as cafeterias, restaurants, bars, retail sales, indoor/outdoor
recreational facilities, research facilities and similar uses.
A nonprofit or publicly owned facility providing community
resources such as recreational programs and meeting rooms that are
open to the public and designed to accommodate and serve significant
segments of the community.
A plot of land owned or leased by a nonprofit organization,
utilized for the sole purpose of planting and harvesting plants and
vegetables by members of the community who contract with said organization
for this purpose.
As defined in § 463 of the NYS Social Services
Law, a facility operated or subject to licensure by the state that
provides a supervised residence for emotionally, physically or socially
disabled persons or for persons in need of supervision or juvenile
delinquents. This definition shall also include, but is not limited
to, the following uses: agency-operated boarding homes, group homes
or private proprietary homes for adults operated or licensed by the
NYS Department of Social Services, group homes operated by, contracted
for or licensed by the NYS Division for Youth, and halfway houses
operated or licensed by the NYS Division of Substance Abuse Services.
The term does not include community residential facilities for the
disabled as defined in § 41.34 of the NYS Mental Hygiene
Law.
A voluntary agreement between a private landowner and a municipal
agency or qualified nonprofit corporation to restrict the development,
management or use of the land. That agency holds the interest and
is empowered to enforce its restrictions against the current landowner
and all subsequent owners of the land.
A grocery retail store less than 1,500 square feet, limited
to one floor, where no less than 75% of said square footage is allocated
to the sale of foodstuffs, including fresh fruits and vegetables.
A commercial facility used for conventions, conferences,
seminars, product displays, recreation activities and entertainment
functions, along with accessory functions, including temporary outdoor
displays, food and beverage preparation and service for on-premises
consumption. This term does not include banquet halls, clubs, lodges
or other meeting facilities of private or nonprofit groups that are
primarily used by group members.
A library, museum or similar public or quasi-public use displaying,
preserving and exhibiting objects of community and cultural interest
in one or more of the arts or sciences.
Any establishment licensed pursuant to NYS Social Services
Law § 390, and shall mean any program or facility caring
for children for more than three hours per day per child, where child
day care is provided by a child-care provider; except those programs
operating as a group family day-care home, a family day-care home
and a school-age child-care program.
A program, licensed pursuant to NYS Social Services Law § 390,
caring for children for more than three hours per day per child, where
child care is provided in a family home for up to 10 children of all
ages, or up to 12 children where all of such children are over two
years of age, except for those programs operating as family day-care
homes which care for seven or eight children. A group family day-care
provider may provide child-care services to two additional children
if such additional children are of school age and receive services
only before or after the period they are ordinarily in school or during
school lunch periods or school holidays, or during those periods of
the year when school is not in session.
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age or physical
or other impairment but who do not require the level of care provided
by nursing homes or medical facilities. Said care shall be provided
for a period of time of more than three hours but fewer than 12 hours
on any given day.
An establishment selling cooked or preserved foods such as
meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft
drinks, etc., generally for consumption off the premises.
The lot area per dwelling unit required in the zoning district
regulations.
Any human-made change to improved or unimproved real estate,
including but not limited to construction, alteration, renovation
or rehabilitation of buildings or other structures, as well as clear-cutting,
mining, dredging, filling, paving, excavations or drilling operations.
A structure used for the acceptance of bulk deliveries, storage
of the delivered items, and redistribution of delivered items.
A structure built over or floating upon the water and used
as a landing place for boats and other marine transport, fishing,
swimming and other recreational uses.
A building utilized as a residence exclusively for students
of a college, university or school.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. Any
drive-through service facility (window) is considered an accessory
use. A gasoline service station is not considered a drive-through
facility for purposes of this chapter.
A private way providing vehicular access from a public or
private road to a single lot, facility or establishment.
A private deeded right-of-way which serves as the access
to at least two lots or parcels of land.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
An exterior waste container designed to be mechanically lifted
by and emptied into or carted away by a collection vehicle. For purposes
of this chapter, this is also the definition of the term "roll-off."
A building with a foundation arranged, intended or designed
to be occupied by one or more families or functional family units
living independently of each other upon the premises.
One or more rooms designed or used for living quarters by
an individual family or functional family unit, including provisions
for living, cooking, sanitary and sleeping facilities, and having
a separate entrance from the outside of the building or through a
common hall.
A building or a portion thereof with sleeping and living
accommodations for four or more persons who are not a family or functional
family unit, used or occupied as a club, dormitory, boardinghouse,
rooming house or other transient use, but not as a tourist home, or
for similar uses. This term shall not include a "fraternity house/sorority
house."
A building or group of buildings occupied exclusively for
residential purposes, having dwelling units to accommodate three or
more families or functional family units living independently of each
other, with or without communal amenities such as dining facilities
and social spaces, fitness and recreation amenities or social programming.
This definition shall exclude hotels, group dwellings and rooming
houses.
A building occupied exclusively for residential purposes by an individual or family or a functional family unit. See also the manufactured home standards of § 325-34.
A building occupied exclusively for residential purposes,
having dwelling units to accommodate up to two families or functional
family units living independently of each other.
An interest in real property generally established in a real
estate document or on a recorded plat to reserve, convey or dedicate
the use of land for a specialized or limited purpose without the transfer
of fee title. Such specified uses may include, but are not limited
to, transportation facilities, utilities, access, stormwater drainage
and solar exposure.
Any sign that contains liquid crystal diodes (LCD), light-emitting
diodes (LED), plasma, light bulbs or other digital illuminated displays
that allow for fixed or changeable copy, symbols, figures or images
by remote or automatic means.
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
Any establishment that is operated, maintained or devoted
to indoor entertainment operated for profit or by a nonprofit organization.
Entertainment is offered by the facility and the principal activity
is conducted inside. Such facilities shall include, but not be limited
to, theaters, bowling alleys, movie theaters, dance halls or clubs,
and video arcades. Entertainment facilities shall not include shooting
ranges, bars, pubs, adult uses, nightclubs. See also "recreation facility,
indoor."
Any place of business maintained, in whole or in part, for
public rental for the purpose of private party events, whether family,
group or corporate in nature, where access by the general public is
restricted, and with or without the sale, serving, or consumption
of food and/or alcoholic beverages. For purposes of this chapter this
definition shall also include "banquet hall."
A family shall include one or more individuals related by blood,
marriage, legal adoption or guardianship who live together in a single
dwelling unit, including domestic help.
A family shall also be composed of one or more individuals living
together in a single dwelling unit as a functional family unit, including
domestic help. Said individuals shall have a domestic bond and function
as a family with respect to those characteristics that are consistent
with the purposes of zoning restrictions in residential neighborhoods.
In determining whether individuals are living together as a
functional family unit, the following criteria must be present:
The group is one that in theory, size, appearance, structure
and function resembles a 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 shall not be deemed to be occupied
by a functional family unit.
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 following:
The presence of minor dependent children regularly residing
in the household and being educated in the community or enrolled in
area schools;
Members of the household have the same address for purposes
of voter registration, driver's licenses, motor vehicle registration,
the filing of taxes, and with regard to summer or other residences;
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;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is a functional family unit.
A group of individuals living together in a single dwelling
unit shall be presumed not to be a functional family unit, as defined
in this section, if said dwelling unit is occupied by four or more
persons who are not related by blood, marriage, legal adoption or
guardianship.
A group of individuals living together in a single dwelling
unit shall be presumed not to be a functional family unit, as defined
in this section, if said dwelling unit contains four or more college
students over the age of 16 years. A college student is a person who
attends, at least half time, any college, university or other institution
authorized to confer degrees by the State of New York.
A sign that is a vertically oriented banner attached to a
single pole allowing the fabric to hang loose at one, two or three
of the four corners.
A building or structure utilized for direct transactional
services to the public, including the maintenance of checking and
savings accounts, certificates of deposits, etc., and the providing
of related incidental financial services associated with a bank.
A building or portion of a building designed and equipped
for the conduct of sports, exercise, leisuretime activities or other
customary and usual recreational activities, operated for profit or
nonprofit, which can be open only to bona fide members and guests
of the organization or open to the public for a fee.
A readily movable, motorized wheeled vehicle, or a towed
wheeled vehicle, designed and equipped as a retail establishment,
typically a food truck or food trailer, but which may be any kind
of retail vendor.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source equivalent to one
candle in brightness of illumination. Footcandle measurements shall
be made with a photometric light meter and with a specified horizontal
orientation.
A building or a portion thereof used and occupied by a cooperating
group of college or university students and containing and providing
domestic and social facilities and services thereto.
A dispenser used to pump gasoline, diesel, ethanol fuel,
biofuels or other types of fuel into vehicles or appropriate containers.
A structure consisting of fuel dispensers, refuse containers,
automated payment points, safety bollards and other related appurtenances.
An outdoor lighting fixture that is shielded or constructed
so all light emitted is projected below a horizontal plane running
through the lowest light-emitting part of the fixture.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation. Such facilities shall not include crematoriums.
A sale that is conducted, or that is permitted or allowed
to be conducted, by the owner or occupant of a dwelling designed for
human habitation and located in a residential area where any goods
or merchandise are displayed outdoors and the public is invited by
signs, advertising or in any other manner to come for the purpose
of purchasing goods, wares or merchandise. For purposes of this chapter,
this definition shall also mean and include "lawn sale," "attic sale,"
"yard sale," "rummage sale" or any similar casual sale of tangible
personal property that is advertised by any means whereby the public
at large is or can be made aware of such sale.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor is space therein for more than one car leased
to a nonresident of the premises.
An establishment that includes indoor and/or outdoor retail
sales of plants not grown on the site, lawn furniture and garden supplies.
Any building, structure or area of land used for the retail
sale of automobile fuels, oils and accessories, where repair service,
if any, is incidental. A gas station may include the sale of propane
or kerosene as accessory uses.
Basic government services, which also may be provided by
a private enterprise, essential to the support of the community, including
municipal offices and buildings, emergency services such as ambulance
and fire protection, water supply and sewage treatment facilities.
This definition does not include community centers, public utilities,
or public transportation shelters. See also "municipal facilities,
essential."
The finished ground level adjoining the building at all exterior
walls.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A linear open space established along either a natural corridor,
such as a riverfront, stream valley or ridge line, abandoned railroad
tracks, converted to recreational use, a canal, a scenic road or other
route, any natural or landscaped course for pedestrian and/or bicycle
passage.
The aggregate floor area of an entire building or structure
enclosed by and including the surrounding exterior walls.
An occupation, profession or activity carried out for financial
gain that is clearly a customary, incidental and secondary use of
a residential dwelling unit and that does not alter the exterior of
the property or affect the residential character of the neighborhood.
A duly licensed institution providing medical or surgical
care and treatment for the sick and injured. A hospital or medical
center includes related ancillary facilities, such as laboratories,
outpatient clinics, cafeterias, gifts shops, training facilities,
classrooms, and offices integral to the function of the facility.
A facility offering transient lodging accommodations at a
daily rate to the general public. It may provide additional services
such as restaurants, meeting rooms and recreational facilities. For
purposes of this chapter, this definition shall also apply to the
term "inn" or "hostel."
Any hard-surfaced, human-made area that does not readily
absorb or retain water, including but not limited to building roofs,
parking and driveway areas (paved or gravel), sidewalks, patios and
paved recreation areas.
The percentage of the area of a lot that is covered by impervious
surface.
The craft industry encompasses goods that are generally handmade
by artisans or those skilled in a particular trade, although machinery
may be used. Small businesses engaged in the craft trade industry
may include but are not limited to art galleries, handmade textiles,
woodworking and culinary products.
The processing, manufacturing or compounding of materials,
products or energy or any industrial activities that, because of their
scale or method of operation, regularly produce noise, heat, glare,
dust, smoke, fumes, odors, vibration or other external impacts detectable
beyond the lot lines of the property.
The processing or manufacturing of finished products or parts
from previously prepared products or parts, including the fabrication,
assembly, treatment and packaging of such products, and incidental
storage, sales and distribution of such products, provided that all
process are contained entirely within a fully enclosed building and
any heat, glare, dust, smoke, fumes, odors or vibration are confined
to the building. Light industry may include uses such as the manufacture
of electronic instruments, preparation of food products and alcoholic
beverages, pharmaceutical manufacturing, research and scientific laboratories.
Any establishment where four or more dogs, cats and/or other
animals (not including livestock) are cared for or sheltered for the
purpose of sale, breeding, training or exhibition, or are boarded
for a fee, or are sheltered for humanitarian reasons. The term "kennel"
does not include veterinarian offices or pet stores.
Any construction or other activity that changes the use or
appearance of land or a structure or the intensity of use of land
or a structure. Land use activity shall explicitly include, but not
be limited to, the following: new structures; expansions to existing
structures; new uses; changes in or expansion of existing uses, roads,
driveways; and excavations for the purpose of extracting soil or mineral
deposits.
A business premises equipped with individual washers/dryers
for a service to, or self-serve use by, retail customers, including
drop-off and off-premises cleaning.
A building or room in which literary, musical, artistic or
reference materials are kept for use; may be borrowed; but are generally
not for sale.
The assembly that holds a lamp and may include an assembly
housing, mounting bracket or pole socket, lamp holder, ballast, reflector
or mirror, and refractor or lens. A light fixture also includes the
assembly for luminous tube and fluorescent lighting.
A unit or space within a building used jointly for nonresidential
and residential purposes where the residential use of the space may
be secondary or accessory to the primary use as a place of work.
The area of a dwelling unit as measured from exterior faces
of exterior walls, exclusive of garages, cellars and unenclosed porches.
A tract, plot or parcel of land considered as a unit, occupied
or capable of being occupied by a building or use and accessory buildings
or uses, or by a group of buildings united by a common use or interest,
and including such open spaces as are required by this chapter, and
having its principal frontage on a public street or an officially
approved place.
The total area included within lot lines. No part of the
area within a public right-of-way may be included in the computation
of lot area.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The lot line separating the lot from the street right-of-way.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side street lot
line."
The property lines bounding the lot.
Any lot that has been established as such by plat, survey
record or deed prior to the date of this chapter as shown on the records
in the office of the County Clerk.
The distance between side lot lines measured parallel to
the front lot line at a distance from the front lot line at the minimum
required building front setback line.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
A lot other than a corner lot.
A lot having frontage on two approximately parallel or converging
streets, other than a corner lot.
Measure of overall light output produced by a lamp.
A workshop where power-driven tools are used for making,
finishing or repairing machines or machine parts.
A collaborative workspace where individuals or entities may
utilize common space, technology, equipment and other infrastructure.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the U.S. Department
of Housing and Urban Development (HUD), Manufactured Home Construction
Safety Standards, 24 CFR Part 3280, 4/1/93, transportable in one or
more sections, constructed on a permanent chassis and designed to
be used with or without a permanent foundation where connected to
the required utilities, and includes plumbing, heating, air-conditioning
and electrical systems contained therein. This definition shall not
include any self-propelled recreational vehicle.
A plot of land within a manufactured home park that is designated
for, and designated as, the location for only one manufactured home
and customary accessory uses.
The making or fabrication of raw material by hand, art, machinery,
or combination thereof, into finished parts or products.
The average annual high-water level of a lake, pond, reservoir,
river, stream, creek or other body of water.
A structure or portion of a structure used by physicians,
surgeons, dentists, chiropractors, optometrists, psychologists, psychiatrists
or other health-related professionals for the treatment of human health
conditions where no overnight accommodations are provided.
A facility that produces fewer than 15,000 barrels of beer
annually, with 75% or more of its beer served off site. See also "brew
pub."
A facility that produces fewer than 75,000 gallons of distilled
spirits per year.
A commercial or residential structure constructed by a method
or system of construction whereby the structure or its components
are wholly or in substantial part manufactured in manufacturing facilities,
and whereby all portions may not be reasonably inspected at the installation
site without disassembly or destruction thereof. The term includes
buildings intended or designed for permanent installation, or assembly
and permanent installation, on a building site.
A building or group of detached or connected buildings designed
or used for providing transient sleeping accommodations, where each
accommodation unit maintains a separate outside entrance.
A service establishment providing all general repair, rebuilding
or reconditioning of engines, motor vehicles or trailers, such as
collision service, body repair, frame straightening, welding and painting,
and may also include any activities provided by minor automotive repair
garages as defined in this article.
A service establishment providing minor repairs, detailing,
stereo and electronic equipment installation, incidental replacement
of parts and motor service.
The use of a building, land area, or other premises or portion
thereof, for the display, sale, rental or lease of motorized vehicles,
including but not limited to automobiles, boats, motorcycles, recreational
vehicles (RVs), including any warranty repair work and other repair
service conducted as an accessory use.
The essential services furnished by the town and Village,
including municipal offices and buildings, emergency services such
as police, ambulance and fire protection. See also "government facilities,
general." This definition does not include community centers or public
utilities.
An area of land and/or water that has a predominantly undeveloped
character. Natural areas may be pristine or may have been affected
by human activity such as vegetation removal, agriculture, grading
or drainage if such areas retain significant natural characteristics,
or have recovered to the extent that they contribute to natural systems,
including hydrology, vegetation or wildlife habitat. The purpose of
natural areas is to protect natural processes and vegetation and/or
provide a scenic, aesthetic appearance and/or passive recreational
uses that may include amenities such as trails, seating and interpretive
areas and signage.
An establishment primarily engaged in the sale and service
of alcoholic and nonalcoholic beverages for on-premises consumption
and the providing of musical entertainment, singing, dancing or other
forms of amusement and entertainment, with the sale or service of
food being incidental and accessory thereto. Such establishment may
also have one or more of the following characteristics: age restrictions,
cover charges, charges for admission, disc jockeys, jukeboxes, amplified
sound systems, live entertainment and the like, and hours of operation
extended beyond the normal dinner hours. For purposes of this chapter,
this definition includes "cabaret" and "disco"; however, a nightclub
shall not include a restaurant, bar, tavern or adult use.
A lot of record that does not comply with the area, shape,
frontage or locational provisions of this chapter for the district
in which it is located.
A building or structure that was lawfully erected prior to
the adoption or amendment of this chapter but that no longer complies
with all regulations applicable to the zoning district in which the
structure is located.
A use or activity that lawfully existed prior to the adoption
or amendment of this chapter but fails by reason of such adoption
or amendment to conform to the present use requirements of the district
in which it is located.
See "residential care facility."
A building or portion thereof used primarily for conducting
the affairs of a business, profession, service, industry or government,
and generally furnished with desks, tables, files and communication
equipment. No manufacturing processes, retail sales, construction
or warehousing occur on the premises.
The newspaper or newspapers designated by the Village for
the publication of official notices of meetings and public hearings.
An occasional or periodic market held in an open area or
structure where goods are offered for sale to the general public by
individual sellers from open or semi-open facilities or temporary
structures. Open-air markets include, but are not limited to, flea
markets, farmers' markets and craft fairs.
An area outside of a restaurant or similar use that provides
seating for customers.
A fuel burning device that is:
Designed to burn wood or other fuels;
Specified by the manufacturer for outdoor installation or installation
in structures not normally occupied by humans; and
Used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
Land that is publicly owned or controlled for the purpose
of providing parks, recreation or open space for public use.
A private or public open area for recreation, which may include
accessory parking areas, shelters, picnic tables, rest rooms and other
facilities for the use of park patrons. May also be a defined open
space, typically interspersed within residential areas, that is designed
and equipped for the recreation of children. Playgrounds may be freestanding
or located within parks, greens or school sites.
A lot or structure with the sole purpose of temporary parking
of registered motor vehicles.
A lot devoted to the temporary parking of automobiles, defined
by a boundary, with parking spaces delineated.
An off-street space available for the parking of one motor
vehicle.
A structure or building used to park cars, including parking
garages, parking decks and underground parking.
Two or more land uses or a multi-tenant building that merges
parking needs based on different operating hours to gain a higher
efficiency in vehicular and pedestrian circulation, economize space,
reduce impervious surface and result in a superior grouping of buildings.
A commercial facility for handling, receiving and transferring
passenger traffic, including by car, bus or train. See also "public
transportation facility."
One or more natural persons, corporations, partnerships,
associations and all other entities of any kind, including the agents
and employees of same.
A map drawn to scale showing the divisions of a piece of
land or layout of a proposed subdivision.
A portable, weather-resistant receptacle designed and used
for the storage or shipment of household goods, wares, building materials
or merchandise. This term shall not include dumpsters/roll-off containers
or storage containers having storage capacity of less than 150 cubic
feet.
Large-scale facilities that primarily serve a regional need,
which because of their scale or method of operation are more likely
to produce external impacts that are detectable beyond property lines
of the subject property. Such facilities include, but are not limited
to, electric or gas generation plants and high-voltage transmission
lines. This definition shall not include telecommunications towers.
Facilities and services that primarily serve local distribution
needs, including but not limited to electrical transforming substations,
gas regulating stations, telephone exchange/switching centers and
broadcasting facilities.
An establishment that is operated, maintained or devoted
to indoor recreational activities, which is operated for profit or
by a nonprofit organization. Recreation facilities may include but
are not limited to bowling alleys, athletic fields and courts, batting
cages, miniature golf courses, skating rinks, fitness clubs and spas.
For purposes of this chapter, the term "recreation facilities" shall
not include "shooting ranges." See also "entertainment facility, indoor"
and "recreation facility, public."
An establishment that is operated, maintained or devoted
to outside recreation and/or entertainment operated for profit or
by a nonprofit organization. The entertainment or recreation is offered
by the facility and the principal activity is conducted outside. Such
facilities shall include, but not be limited to, skating rinks, batting
cages, athletic fields and courts, swimming pools, golf courses and
miniature golf courses. For purposes of this chapter, the term "recreational
facilities" shall not include "shooting ranges" or "moto-cross tracks."
See also "recreation facility, public."
Recreation facilities operated by or on behalf of a governmental
entity and open to the general public.
Any portable vehicle or structure designed to be self-propelled
or permanently towable on its own wheels, sometimes referred to as
a "fifth-wheel" or "tow-behind," which is designed and intended to
be used for temporary living quarters for travel, recreation or vacation
purposes.
A building or area of land that serves as a drop-off point
for temporary storage for recoverable resources, such as newspapers,
glassware, plastics and metal cans, for shipment to a recycling processor
or distributor, but at which no processing of such items occurs.
A building where persons regularly assemble for religious
worship and maintained and controlled by a religious body organized
to sustain public worship, together with all accessory buildings and
uses customarily associated with such primary purpose. For purposes
of this chapter the definition includes "church," "synagogue," "temple,"
"mosque" or other such place of worship and religious activity.
A building or portion of a building in which facilities for
scientific research, investigation, testing or experimentation are
located, but not facilities for manufacturing or sales of products.
As defined in § 463 of the NYS Social Services
Law, a facility operated or subject to licensure by the state that
provides a supervised residence for emotionally, physically or socially
disabled persons or for persons in need of supervision or juvenile
delinquents. This definition includes, but is not limited to, agency-operated
boarding homes, group homes or private proprietary homes for adults
operated or licensed by the NYS Department of Social Services, group
homes operated by, contracted for or licensed by the NYS Division
for Youth, and half-way houses operated or licensed by the NYS Division
of Substance Abuse Services. The definition does not include community
residential facilities for the disabled as defined in § 41.34
of the NYS Mental Hygiene Law.
A business establishment whose principal business is the
selling of prepared food and beverages to the customer in a ready-to-consume
state. For purposes of this chapter, the term restaurant includes
"sit-down restaurants" and "take-out restaurants."
A building or portion thereof engaged in selling goods, services
or merchandise to the general public for personal and household consumption.
For purposes of this chapter, some retail establishments are also
separately defined.
Property that is publicly owned or upon which a governmental
entity has an expressed or implied property interest, e.g., fee title
or easement, held for a public purpose. Examples of such public purpose
include, by way of example and not by limitation, highways, streets,
sidewalks, drainage facilities, crosswalks, railroads, roads, electric
transmission lines, oil or gas pipelines, water mains, sanitary or
storm sewer mains or shade trees. The use of the term "right-of-way"
for subdivision platting purposes means that every right-of-way established
and shown on a final plat is separate and distinct from the lots or
parcels adjoining the right-of-way, and is not included within the
dimensions or areas of such lots or parcels. Rights-of-way involving
maintenance by a public agency are dedicated to public use by the
maker of the plat on which the right-of-way is established.
A direct marketing operation offering outdoor shopping. Such
an operation is seasonal in nature and features food stands such as,
but not limited to, hot dog stands, locally produced agricultural
products, enhanced agricultural products and handmade crafts. For
purposes of this chapter, the definition includes "farm stands."
A portable sign not secured or attached to the ground or
surface upon which it is located, but supported by its own frame and
most often forming the cross-sectional shape of an "A."
A public or private facility furnishing comprehensive curriculum
of academic instruction on the pre-kindergarten, kindergarten, primary
and/or secondary level.
The act of placing landscape features, such as trees, bushes,
shrubs, or human-made screens, such as fences or berms, to reduce
the impact of development on nearby properties.
An establishment that permits customers to store their own
materials in private, commercially available warehousing space in
individual lockable units accessible from outside driveways or from
indoor hallways.
A public facility for the temporary storage of personal,
household or business property that is serviced by the owner of the
stored property or an agent of the owner of the stored property. The
term "mini-self-storage facility" shall not be construed to mean "warehouse"
and shall not be used for the transfer, shipping or receiving of products
or goods in conjunction with a business operation.
A building or group of buildings divided into separate units
or compartments not to exceed 200 square feet in size. Each unit or
compartment shall be divided from the floor to the ceiling by a wall
and shall have an independent entrance from the exterior of the unit.
There shall be no electrical outlets permitted inside any unit.
A facility consisting of three or more dwelling units, the
occupancy of which is limited to persons where at least one of the
occupants is 55 years of age or older. The facility may include medical
facilities or care. Senior housing shall typically consist of attached
dwelling units but may include detached dwelling units as part of
a wholly owned and managed senior development.
An establishment or place of business primarily engaged in
the provision of frequent or recurrent services or assistance, as
opposed to products. This shall include personal, financial, repair,
professional or business services. For purposes of this chapter, some
service-related establishments are also separately defined.
The minimum distance required for compliance with this chapter
as measured by the shortest horizontal line between any portion of
any structure and the lot line, human-made structure or topographical
or natural feature designated as being the reference point from which
such minimum setback is measured.
Any accessory structure used for storage or containment.
A facility operated by a provider, other than a residential
care facility, that provides temporary overnight accommodations to
displaced persons and/or families. For purposes of this definition,
a "provider" shall mean a government agency or private nonprofit organization
that provides, or contracts with recognized community organizations
to provide, emergency or temporary shelter.
Land used for archery and/or the discharging of firearms
for the purposes of target practice, skeet and trap shooting, mock
war games or temporary competitions.
A group of four or more retail establishments sharing a common
site and having either common walls or a common roof structure.
The line at which land adjoins the waters of lakes, ponds,
rivers and streams.
The distance measured along the shoreline as it winds and
turns between the boundary lines of a lot as they intersect the shorelines
of any river.
The minimum horizontal distance between any point of a building
and the shoreline of any pond, brook, stream or river.
Any strip or section of concrete or granite, the primary
purpose of which is a walkway.
Any device affixed to or painted or represented directly or indirectly upon a building, structure or land, that directs attention to an object, product, place, activity, person, institution, organization or business, but not including any flag, badge or insignia of any government or government agency, school or religious group or of any civic, charitable, religious, patriotic, fraternal or similar organization, nor any official traffic control device. Each display surface shall be considered to be a sign. See Article IX of this chapter for definitions of specific types of signs.
A sign conveying instructions regarding pedestrian and/or
vehicular movement with respect to the premises on which it is located,
such as the entrance and exit of a parking area.
A permanent, self-supporting sign standing alone on its own
foundation. This definition shall not include temporary or portable
signs. This definition shall include "monument" signs.
A sign located on a parcel of land other than that parcel
where the business, service or event advertised is located. For purposes
of this chapter, this definition shall also include "billboards."
A sign that projects more than 12 inches perpendicular to
the building's face.
A sign erected upon or above a roof or parapet wall of a
building, and which is wholly or partly supported by that building.
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time. For purposes of this chapter,
a temporary sign is not a "portable sign," which is separately defined
and regulated in this section.
Any vehicle and/or trailer to which a sign is affixed in
such a manner that the carrying of the sign is no longer incidental
to the vehicle's purpose but becomes the primary purpose of the
vehicle.
A sign that 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.
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article XII of this chapter, that shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
A solar collector or other device or structural design feature
of a structure that relies upon the sun as an energy source and is
capable of collecting, distributing and storing (if appropriate to
the technology) the sun's radiant energy for a beneficial use.
The following terms define different types of solar energy systems:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground and attached to a pole or other mounting system detached from any other structure.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for on-site or off-site consumption.
TIER 1 SOLAR ENERGY SYSTEMA solar collection system that is accessory to a principal use to capture solar energy and convert it to electrical energy for on-site and potentially off-site consumption and has a maximum collector surface area of no more than 5,000 square feet.
TIER 2 SOLAR ENERGY SYSTEMA solar collection system that may be principally used to capture solar energy and convert it to electrical energy for off-site sale or consumption and on-site consumption and has a minimum collector area of more than 5,000 square feet.
An allowed use in a district that, because of its unique
characteristics, requires individual consideration by the Planning
Board before it may be permitted.
The keeping of goods, wares, equipment or supplies outside
of a structure.
That portion of a building included between the surface of
any floor and the surface of the floor next above it; or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story having a floor area at least half as large as the floor
below. Space with clear head room of less than five feet shall not
be considered as floor area.
A public or private way that affords the principal means
of access to abutting property.
The officially established grade of the street upon which
a lot fronts or, if there is no officially established grade, the
existing grade of the street.
The dividing line between a lot and a street right-of-way.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected the use of which requires
location on the ground or attachment to something having location
on the ground.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
The division of any parcel of land into two or more lots,
plots or other division of land, with or without streets, for the
purpose of immediate or future sale or building development.
Occurring or in place for fewer than or equal to 90 consecutive
days.
A building or part of a building devoted to the presentation
of theatrical or other entertainment performances, including the showing
of motion pictures on a paid-admission basis.
An open lot or part thereof with its appurtenant structures
and facilities devoted primarily to the showing of motion pictures
or theatrical productions on a paid-admission basis.
A building on its own separate lot containing one dwelling
unit with a private entrance that occupies space from the ground to
the roof, and is attached to one or more other townhouse dwelling
units by at least one common wall.
The use of clear glass windows and doors on a building facade
as a part of an architectural design.
Land that is generally in its natural state before development.
For purposes of this definition, some clearing of natural vegetation
may have occurred on an undeveloped lot.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
A use of a building, structure, lot or land, or part thereof,
that is listed as a permitted use or as a permitted use with a special
use permit in Schedule A: Permitted Uses.[1]
The main or primary purpose for which a building, structure
and/or lot is designed, arranged or intended, or for which it may
be used, occupied or maintained under this chapter (see Schedule A).
The use of any other building, structure and/or land on the same lot
and incidental or supplementary thereto and permitted under this chapter
shall be considered an accessory use.
A use of a building, structure, lot or land, or part thereof,
that is not listed as a permitted use or as a use requiring a special
permit in Schedule A: Permitted Uses.[2]
The authorization by the Zoning Board of Appeals (ZBA) for
the use of land in a manner not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
The authorization by the ZBA for the use of land for a purpose
otherwise not allowed or which is prohibited by the applicable zoning
regulations. An increase in density or intensity of use shall require
a use variance if such increase is not allowed by right or by special
use permit.
A facility or area where electric-powered or hybrid-powered
motor vehicles can obtain electrical current to recharge batteries,
when accessory to a principal use of the property.
A premises, including open areas, other than a street or
right-of-way, and including show rooms enclosed within a building
used for the display, rental, lease or sale of automobiles, boats,
mopeds, motorcycles, snowmobiles, trucks and recreational vehicles.
Any structure where animals or pets are given medical or
surgical treatment, including short-term boarding of animals when
boarding is for the purpose of monitoring recovery. Animal day care
may be provided as an ancillary service; however, this shall not include
boarding, kenneling or crematory facilities. For purposes of this
chapter, this definition shall also apply to the term "animal hospital."
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the New York State requirements as a vocational facility. For purposes
of this chapter, this definition shall also include "trade school."
The storage and distribution of manufactured products, supplies
and equipment, excluding bulk storage of materials that are flammable
or explosive or that create hazardous or commonly recognized offensive
conditions.
Any area that in a normal year has water flowing or standing
above ground to the extent that evidence of an ordinary high-water
mark is established. Wetlands contiguous to the water body are considered
part of the water body. A water body is intermittently, seasonally
or permanently inundated with water and contains a discernible shoreline
and includes ponds, lakes and reservoirs.
Activities that require a location in, on, over or adjacent
to the water because the activities require direct access to water
and the use of water is an integral part of the activity. Examples
of water-dependent uses include public and private marinas, yacht
clubs, boat yards, commercial and recreational fishing facilities,
waterborne commerce and ferries.
Uses that have no critical dependence on obtaining a waterfront
location, but the profitability of the use and/or the enjoyment level
of the users is increased significantly when it is adjacent or has
visual access to the waterfront.
Any natural or artificial, intermittent, seasonal or permanent,
and public or private water body or water segment. A watercourse includes
rivulets, brooks, creeks, streams, rivers and other waterways flowing
in a definite channel with bed and banks and usually in a particular
direction.
Areas of vernal pools swamps, marshes, wet meadows, bogs
and similar areas saturated by surface water or groundwater sufficient
to support distinctive vegetation adapted for life in saturated soil
conditions. Wetlands serve as natural habitat for many species of
plants and animals and absorb the forces of flood and tidal erosion
to prevent loss of upland soil.
A specified area surrounding a wetland or watercourse that
is intended to provide some degree of protection to the wetland or
watercourse from human activity and other encroachment associated
with development. The buffer shall be subject to the regulations for
wetlands and watercourses as defined in this chapter.
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, or similar
technology, that has a rated capacity of not more than 100 kW and
is intended to primarily reduce on-site consumption of utility power.
Low-powered wireless base stations that function like cells
in a mobile wireless network, typically covering targeted indoor or
localized outdoor areas ranging in size from homes and offices to
stadiums, shopping malls, hospitals and metropolitan outdoor spaces.
A small cell facility meets both the following qualifications: (i)
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; (ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 cubic feet in volume. The following types of associated ancillary
equipment are not included in the calculation of equipment volume:
electric meter, concealment elements, telecommunications demarcation
box, ground-based enclosures, grounding equipment, power transfer
switch, cut-off switch and vertical cable runs for the connection
of power and other services. "Small cell wireless facilities" and
"microcell wireless facilities" shall be used interchangeably.
A freestanding structure erected on the ground to support
wireless communications antennas and connecting appurtenances. Support
structure types include, but are not limited to, stanchions, monopoles,
lattice towers, wood poles or guyed towers.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. Includes, without limit,
freestanding towers, guyed towers, monopoles, small cell telecommunications
facilities on utility poles in the public right-of-way or on property
of the Village or of another municipal corporation; also similar structures
that employ camouflage technology, including, but not limited to,
structures such as a multistory building, steeple, silo, water tower,
sign or other similar structure intended to mitigate the visual impact
of an antenna or the functional equivalent of such. It is a structure
intended for transmitting and/or receiving radio, television, cellular,
personal telecommunications services, commercial satellite services
or microwave telecommunications, but excluding those used exclusively
for dispatch telecommunications, or exclusively for private radio
and television reception and private citizen's bands, amateur
radio, and other similar telecommunications.
An open space on the same lot with a building, unoccupied
or obstructed by a portion of a structure from the ground upward,
except as otherwise provided in this chapter.
An open space extending across the principal street side
of a lot, measured between the side yard lines, the depth of which
yard shall be the minimum horizontal distance measured between the
curb or the edge of an improved street and the main building or any
projection thereof other than steps and unenclosed balconies, not
extending more than eight feet from the front of the building, except
as otherwise provided by this chapter.
An open space extending across the rear of a lot, measured
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the rear of the principal building or
any projection thereof other than steps and unenclosed balconies not
extending more than eight feet from the rear of the building, except
as otherwise provided in this chapter. On both corner and interior
lots, the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
An open space from the front yard to the rear yard between
the building and the nearest side lot line, unoccupied and unobstructed
from the ground upward, except for steps and as otherwise specified
in this chapter.
The specially delineated areas or districts within the Village,
as delineated on the Zoning Map of this chapter, within which uniform
regulations and requirements govern the use, placement, spacing and
size of land and buildings.
