The following rules of construction of language shall apply
to the text of this chapter:
A.
Words used in the present tense include the future tense.
B.
Words used in the singular include the plural, and words used in
the plural include the singular.
C.
The word "lot" includes the word "plot" or "parcel."
D.
The word "person" includes an individual, firm or corporation.
E.
The word "shall" is always mandatory.
F.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
G.
Any reference to an R District shall be interpreted to mean any district
with the prefix letter "R."
H.
A building or structure includes any part thereof.
I.
Any reference to a C District shall be interpreted to mean any district
with the prefix letter "C."
J.
Any reference to an M District shall be interpreted to mean any district
with the prefix letter "M."
K.
"And" indicates that all connected items, conditions, provisions
or events shall apply.
L.
"Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
M.
"Either. . . or" indicates that the connected items, conditions,
provisions or events may apply singly but not in any combination.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A use or structure customarily incidental and subordinate
to the principal use or building and, except as otherwise provided,
located on the same lot with such principal use or building.
Any change, rearrangement or addition to, or any relocation
of, a building or structure; any modification in construction or equipment.
A facility that manufactures custom or small-scale art, glass,
ceramics, jewelry, and other handcrafted items for distribution to
other retail outlets and/or may also include a retail store for the
selling of such goods.
[Added 3-27-2023 by L.L. No. 4-2023]
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
A place of business where new and used items are offered
for sale or auction.
A combination of any materials, whether portable or fixed,
intended to be or in an assembled state during at least seven consecutive
calendar days or during at least 14 of 90 consecutive calendar days,
having a roof affording a shelter to persons, animals, or property
but not to include a trailer.
[Amended 11-14-2011 by L.L. No. 12-2011]
A building separated on all sides from the adjacent open
area or from other buildings or other structures by a permanent roof
and by exterior walls or party walls, pierced only by windows or normal
entrance or exit doors.
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs and to the mean height between eaves and
ridge of gable, hip, mansard, pitched or gambrel roofs. For the purpose
of determining maximum permitted height for principal buildings, such
measurement shall be made from the average finished grade at the front
setback. For the purpose of side yard or rear yard determination,
such measurement shall be made from the average finished grade of
the wall extending along such side yard or rear yard.
A state-licensed facility which provides retail sales of
regulated cannabis and cannabis-containing substances and may also
allow on-site consumption of such substances, subject to other state
regulations pertaining to such.
[Added 3-27-2023 by L.L. No. 4-2023]
A facility which provides care for a child on a regular basis
away from the child's residence for less than 24 hours per day by
someone other than the parent, stepparent, guardian or relative of
such child. Such facilities may be licensed or registered with the
State of New York.
[Added 3-27-2023 by L.L. No. 4-2023]
A facility that offers service to customers within their
personal vehicle, accomplished through a limited menu of items (in
the case of foods) or on-demand services. Customers do not park their
vehicles and are typically in a short-term queue with goods provided
in disposable and/or recyclable wrapping or containers.
[Added 3-27-2023 by L.L. No. 4-2023]
A building used as the living quarters for one or more families,
but not including a building of mixed occupancy.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two one-family dwellings having a party wall in common.
MULTIFAMILY DWELLINGA building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
HIGH-RISE APARTMENT DWELLINGA building over 30 feet in height, or more than three stories.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A facility which houses vehicles, staff, equipment, and other
incidental needs which is in the business of emergency care and/or
transport of wounded, sick, ill, injured, or infirmed people, including
ambulance and fire stations.
[Added 3-27-2023 by L.L. No. 4-2023]
An increase in floor area of an existing building, or an
increase in the area of land used for an existing open use.
An electric vehicle (EV) charging station, also called an
"electric recharging point," "charging point" and "EVSE," is an element
in an infrastructure that supplies electric energy for the recharging
of various types of plug-in electric vehicles. All such stations will
include designated and exclusive parking for vehicles charging and
may include public or commercial facilities, but do not include household
or home use stations.
[Added 3-27-2023 by L.L. No. 4-2023]
An increase in the amount of existing floor area used for
an existing use in an existing building.
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this chapter as an accessory use.
A private garage which is structurally attached to a principal
building and which has livable floor area adjoining one or more walls
thereof.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises and which may include space for not more than one passenger
vehicle used by others.
Any area of land, including structures thereon, that is used
primarily for the sale of gasoline or other motor vehicle fuel; accessory
uses may include the sale of oil, other lubricating substances or
motor vehicle accessories, or facilities for lubricating, washing,
the incidental replacement of parts or motor service to passenger
automobiles or trucks not exceeding 1 1/2 tons rated capacity;
but shall not include general repair, rebuilding or reconditioning
of engines, motor vehicles or trailers or collision service, body
repair, frame straightening, painting, undercoating, vehicle steam
cleaning or upholstering.
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof, and which use is clearly
incidental and secondary to the use of the dwelling for living purposes
and does not change the character thereof, provided that:
Only customary home appliances are used.
There is no exterior evidence of such home occupation other
than permitted identification sign.
No article is sold or offered for sale except such as may be
produced by members of the family residing on the premises.
Any use first permitted in the C or M Districts shall not be
interpreted as being a home occupation.
A building containing sleeping rooms in which lodging is
provided primarily for transient guests for compensation and which
may include public dining facilities.
An enterprise where junk, waste, discarded or salvaged materials,
metal, plastic, wiring, glass, electronics, motor vehicle parts and
other scrap are bought, sold, exchanged, sorted, stored, baled, packed,
disassembled, handled, salvaged or abandoned, including a junk dealer,
junkyard, salvage yard or recycling facility but not including pawn
shops; antique shops; establishment for the sale, purchase or storage
of used furniture, household equipment, clothing, or used motor vehicles
capable of being registered or machinery to be reused for the purpose
for which originally manufactured.
[Amended 7-24-2023 by L.L. No. 6-2023]
The keeping of more than two dogs that are more than six
months old.
A facility or use that includes the compounding, assembly,
machining, processing, and/or treatment of articles or merchandise
from previously prepared materials and does not include stamping,
forging, smelting, or other such activities that may cause excessive
amounts of smoke, gas, odor, dust, noise, or other such objectionable
emissions.
[Added 3-27-2023 by L.L. No. 4-2023]
A parcel of land occupied or capable of being occupied by
a principal building or use, or a group of principal buildings or
uses that are united by a common interest or customary accessory buildings
or uses, and including such open spaces to be used in connection with
such buildings or uses. A "lot" may or may not be a lot of record.
A lot at the junction of and fronting on two or more intersecting
streets.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
Where a lot abuts upon only one street, the lot line along
such street shall be the front lot line. Where a lot abuts upon more
than one street, the assessment roll of the municipality shall determine
the front lot line.
Any lot line which is opposite and more or less parallel
with the front lot line. In the case of a lot which comes to a point
at the rear, the rear lot line shall be an imaginary line, 10 feet
in length, entirely within the lot, parallel to and most distant from
the front lot line.
The property lines bounding the lot. Where a lot abuts a
street or is partly contained in a street, the lot line shall be deemed
to be a line drawn parallel to the center line of the street and 30
feet distant therefrom measured at right angles thereto, but the actual
street line shall be construed as the lot line if such street line
is established and lies at a greater distance than 30 feet from the
center of such street.
Any lot line which is not a front lot line or a rear lot
line.
A lot in which the front lot line and rear lot line abut
a street.
The least horizontal distance across the lot between side
lot lines, measured at the front setback of a main building erected
or to be erected on such lot or at a distance from the front lot line
equal to the required depth of the front yard.
An establishment where patients, who are not lodged overnight,
are seen for examination and treatment by one or more of a group of
physicians, dentists, psychologists, or social workers, practicing
together. May also include laboratories that are ancillary to the
primary use.
[Added 3-27-2023 by L.L. No. 4-2023]
Occupancy of a building in part as the living quarters for
one or more families and in part for some other use not accessory
thereto. For the purpose of determining off-street parking requirements,
that part of such buildings used as living quarters shall be considered
as dwellings. Includes upper-story dwelling units.
[Amended 3-27-2023 by L.L. No. 4-2023]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations.
Any lawful building or structure or any lawful use of land,
premises, building or structure which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located, either on the effective date of this chapter or
as a result of subsequent amendments hereto.
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
A structure used for parking of operative motor vehicles
where the facility is the primary use of the site and does not include
a parking structure or lot developed in conjunction with another primary
use of the site to satisfy the on-site parking requirements for the
development.
[Added 3-27-2023 by L.L. No. 4-2023]
A facility or use that provides a personal service that is
nonmedical as a primary use, including, but not limited to, barbershops,
beauty parlors, dry cleaning, tailors, etc., and may include accessory
retail sales of products related to the services.
[Added 3-27-2023 by L.L. No. 4-2023]
A facility operated by a religious organization for worship
or the promotion of religious activities and accessory uses on the
same site that are incidental and related to the facility.
[Added 3-27-2023 by L.L. No. 4-2023]
A structure or space that houses the business office of a
licensed or recognized professional, including, but not limited to,
attorneys, engineers, researchers, business management consultants,
data processing consultants, decorators, counselors, psychologists,
etc.
[Added 3-27-2023 by L.L. No. 4-2023]
Any garage, other than a private garage or gasoline service
station, which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles or other motor vehicles.
A facility serving as a junction point for transferring utility
services from one public utility to another or to local distribution.
These uses include any of the following facilities: electrical substations
and switching stations; telephone switching facilities; natural gas
regulating and distribution facilities; public water system wells,
treatment plants, and storage; community wastewater treatment plants;
etc.
[Added 3-27-2023 by L.L. No. 4-2023]
A business where predominantly participant sports and health
activities are conducted entirely within an enclosed building.
[Added 3-27-2023 by L.L. No. 4-2023]
A facility that provides space and/or equipment for various
outdoor participant sports and recreation that are fully exposed to
the outdoor elements, excluding any accessory uses, such as but not
limited to dugouts, shade structures, restrooms, concession stands,
changing facilities, etc.
[Added 3-27-2023 by L.L. No. 4-2023]
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
A temporary storage space, exclusive of street area or required
parking spaces, for a vehicle waiting for service or admission.
An establishment that serves food and beverages primarily
to persons seated within the building.
[Added 3-27-2023 by L.L. No. 4-2023]
A store or collection of shops selling multiple lines of
merchandise or providing general (nonpersonal or professional) services
associated with goods sold.
[Added 3-27-2023 by L.L. No. 4-2023]
A private educational institution or special school/studio
that may also include facilities, institutions, and conference centers
that offer specialized programs in personal growth and development.
[Added 3-27-2023 by L.L. No. 4-2023]
A public educational institution, such as a community college,
university, elementary school, middle/junior high school, high school,
or military academy.
[Added 3-27-2023 by L.L. No. 4-2023]
Housing for individuals or couples typically 62 years of
age or older that may be subsidized in whole or in part under any
local, state, or federal program for affordable housing and may include
common spaces; such use does not include assisted-care facilities.
[Added 3-27-2023 by L.L. No. 4-2023]
The least horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
Any structure or part thereof or any device attached to,
painted on or represented on a building or other structure, upon which
is displayed or included any letter, work, model, banner, flag, pennant,
insignia, decoration, device or representation used as or which is
in the nature of an announcement, direction, advertisement or other
attention-directing device. A "sign" shall not include a similar structure
or device located within a building except for illuminated signs within
show windows. A "sign" includes any billboard, but does not include
the flag, pennant or insignia of any nation or association of nations
or of any state, City or other political unit or of any political,
charitable, educational, philanthropic, civic, professional, religious
or like campaign, drive, movement or event.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same zoning lot.
Any portable or temporary sign not permanently affixed to
the ground, a building or other permanent fixture on a private parcel
of land.
[Added 6-24-2013 by L.L.
No. 2-2013]
A moving or animated sign or any illuminated sign on which
the artificial or reflected light is not maintained stationary and
constant in intensity or color at all times when in use. Any revolving
illuminated sign shall be considered a flashing sign.
Any sign resting upon or attached to the ground by means
of an integral base or one or more poles or standards. "Freestanding
signs" include both pole signs and ground signs, but shall not include
temporary signs.
[Added 6-24-2013 by L.L.
No. 2-2013]
A freestanding sign, as further defined above, and as limited in § 350-35D(3)(c).
[Added 6-24-2013 by L.L.
No. 2-2013]
Any sign designed to give forth any artificial light or designed
to reflect light from one or more sources, natural or artificial.
A freestanding sign, as further defined above, and as limited in § 350-35D(3)(c).
[Added 6-24-2013 by L.L.
No. 2-2013]
Any movable (sandwich or teepee) sign, single- or double-sided,
equal to or less than 100 pounds in weight.
[Added 6-24-2013 by L.L.
No. 2-2013]
Any sign which is attached to the building wall and any part
of which extends more than 18 inches from the face of such wall.
[Added 6-24-2013 by L.L.
No. 2-2013]
Any movable (trailered or otherwise) sign, single- or double-sided,
more than 100 pounds in weight.
[Added 6-24-2013 by L.L.
No. 2-2013]
Any facility providing medical or surgical treatment, clipping,
bathing, and similar services to dogs, cats, and other small domestic
animals, but excluding boarding or the keeping of animals on the premises
other than those requiring emergency treatment or those recovering
from anesthetic.
[Added 3-27-2023 by L.L. No. 4-2023]
That portion of a building between the surface of any finished
floor and the surface of the finished floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
Any road, avenue, lane, alley or other way which is an existing
public way or which is shown on an approved plat, or any private right-of-way
or easement approved by the Village Board.
A line separating a lot from a street. In any case where
a future street line has been established or approved by the Village
Board, such future street line shall be considered as the street line
for the purposes of determining lot area and setback requirements.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
An assembly of materials, other than recreational or screen
tents where the footprint is 100 square feet or less, intended to
form a nonpermanent shelter, building, or enclosure to protect people,
products, material, equipment, or inventory.
[Added 10-8-2018 by L.L.
No. 6-2018]
A vehicle used for living or sleeping purposes, standing
on wheels or on rigid supports.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A retail establishment that offers for sale motorcycles,
mopeds, and other small vehicles contained within a building. All
sales must be contained within an enclosed building.
[Added 3-27-2023 by L.L. No. 4-2023]
A retail establishment that offers for sale motorcycles,
mopeds, and other small vehicles outside in an open lot with limited
indoor space for office/administrative functions.
[Added 3-27-2023 by L.L.
No. 4-2023]
That portion of a lot extending open and unobstructed from
the ground upward.
That portion of a rear yard of a through lot extending along
a street and from the street line for a depth equal to a required
front yard. Any front yard equivalent shall be subject to the regulations
of this chapter which apply to front yards.
A yard extending between the side lot lines and situated
between the street line and the front line of the principal building
or use projected to the side lines of the lot.
A yard extending between the side lot lines and situated
between the rear lot line and the rear line of the principal building
or use projected to the side lot lines. On a corner lot, a yard extending
between the interior side lot line and exterior side yard and situated
between the rear lot line and the rear line of the principal building
or use projected to such interior side lot line and exterior side
yard.
A yard having a depth or width set forth in the applicable
district regulations. Such width or depth shall be measured perpendicular
to lot lines.
A yard extending between the front yard and the rear yard
and situated between the side lot line and the adjacent side line
of the principal building or use. On a corner lot where a side lot
line abuts a street, a yard extending between the front yard and the
rear lot line and situated between the side lot line and the side
line of the principal building or use projected to the rear lot line.
EXTERIOR SIDE YARDA side yard abutting on a street line.
INTERIOR SIDE YARDA side yard abutting a lot line of an adjoining lot.
