Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words in the present tense include the future, words in the singular include the plural and the plural the singular, and the word "shall" is intended to be mandatory.
Any question as to the precise meaning of any word used in this chapter may be appealed to the Zoning Board of Appeals and clarified under their powers of interpretation.
Specifically defined words are as follows:
A private road or path that provides vehicular access from a public road or street to a specific property, building, or parking area.
A subsequent dwelling unit located on the same lot as a principal one-family dwelling, located within a principal structure or accessory structure, which is subordinate to the principal dwelling in terms of size, location, and appearance. Such a dwelling is an accessory use to the principal dwelling. It shall be independently habitable self-contained living quarters for one family living with shelter, heating, cooking and bathing facilities.
A structure incidental and subordinate to the principal structure and located on the same lot with such principal structure, including private garages. Where an accessory structure is attached to the principal structure in a substantial manner, as by a wall or roof, such accessory structure shall be considered part of the main structure.
A use customarily incidental and subordinate to a principal use and located on the same lot.
The development of a new use of a substantially underutilized or vacant building or for a building originally designed for a special or specific purpose while preserving the original architectural features when possible.
Any business or activity conducted for gain, either as a principal or accessory use, which devotes or intends to devote more than 25 square feet of net floor area or more than 10% of its total net floor area, whichever is less, or more than 10% of the volume of its stock, to display, exhibit or disseminate material distinguished or characterized by emphasis on the display or depiction of sexual activity or specified anatomical areas, regardless of whether by live entertainment, motion picture, videocassette, photograph, cartoon or other means, in a manner unsuitable for viewing by children (under 18 years of age) or otherwise prohibited by the statutes of New York State.
Shall be land used primarily for agricultural purposes in a commercial manner. "Agricultural use," therefore, is a principal use and must be on land consisting of at least two acres, and is used for raising livestock, agricultural products, including farm structure and storage of agricultural equipment; riding and boarding stables; and as an accessory use sale of agricultural or forest products raised on the property. This definition is not intended to cover accessory agricultural uses by homeowners who wish to have gardens or raise other agricultural products for personal use.
A structure containing one or more dwelling units that is not owner-occupied. It is presumed that occupants pay rent in exchange for occupancy, in most cases.
Two or more multifamily dwellings on a single lot.
A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Also known as a smelting furnace, which is a tall, vertical structure lined with refractory materials to withstand the high temperatures. The design must allow for efficient material flow and gas exchange.
A building other than a hotel or motel containing a shared kitchen and/or dining room in which at least three but not more than six sleeping rooms are offered for rent, with or without meals.
An eating and drinking establishment where certain beverages are prepared on the premises for on-site consumption. The brewing and retail sale of such beverages is accessory to the eating and drinking establishment.
A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or property.
The wall of a building that faces the street that is included in the property address.
The vertical distance of a building measured from the average elevation of the finished grade at the front of the building to a) the highest point of the roof for flat and mansard roofs, or b) the top of the ridgeline for other types of roofs.
The containment of large quantities of explosive materials on an individual property or in a dedicated facility on a tract of land.
A building or premises or portions thereof used for the cleaning, washing, polishing, or waxing of motor vehicles.
Property used for the interment of the dead.
A certification by the Zoning Officer that a lot, structure, or use of land has been developed in conformity with an approved zoning permit and/or complies with the provisions of this chapter and may be occupied and used for the purposes specified in such zoning permit and/or certificate of compliance.
A building or use catering exclusively to club members and their guests for recreational purposes, not operated primarily for profit, including YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs which may have dormitory accommodations.
A facility where retail sales and service are conducted, including sales and service for new and used automobiles, trucks, manufactured homes, boats, recreational vehicles, farm implements, tree nurseries and other large items stored outdoors for retail sales; business or institutions providing overnight accommodations; institutional residences or care or confinement facilities; and storage and parking facilities. This definition shall not include "group dwellings."
A building used for recreational, social, educational and cultural activities, owned and operated by a public or nonprofit group or agency.
Any planned gathering on public areas consisting of 50 or more people, or any-sized event which blocks or reserves access to public areas or a right-of-way. Examples include but are not limited to preplanned marches; demonstrations; parades; and weddings.
Any location used, or intended to be used, for the open storage of building materials and the equipment customarily used in the building contracting business.
A retail establishment offering for sale food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
See "lot coverage."
A facility that utilizes preservatives such as salt or chemicals to prevent the decomposition or spoilage of raw animal hides or pelts, to be further processed into leather products and/or other uses.
A use defined as "child day-care" in Section 390 of Social Services Law.
Shall be understood to mean the Department of Public Works.
A use that provides physical facilities that allow the service of customers while remaining in their motor vehicle.
The established or traveled way leading to a particular lot from the margin of a public street or private road.
A land site used primarily for the disposal by dumping, burial, burning, or other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, and other waste, scrap, or discarded material of any kind that is not approved by the village for such purpose.
A building or part thereof used as living quarters, and not including a motel, hotel, boarding house, bed and breakfast, recreational camping vehicle or similar structure.
A building or part thereof used as self-contained living quarters for one family living independently with cooking and bathing facilities.
A dwelling intended to house a group of individuals not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
A dwelling, other than a manufactured home, containing three or more dwelling units.
A dwelling, other than a manufactured home, containing no more than one dwelling unit. This definition includes modular homes.
A dwelling, other than a manufactured home, containing no more than two dwelling units. This definition includes modular homes.
An electronic sign with scrolling text and or images complying with Federal Highway Administration (FHWA) standards for brightness and change of content speed.
The operation or maintenance by municipal agencies or public or private utilities of telephone dial equipment centers; electrical or gas substations; water treatment, storage and transmission facilities; pumping stations; telecommunication towers and similar facilities; but not including power generation facilities.
Unusual, severe, or unseasonal weather including but not limited to wind, heavy snow, rain ect that can be devastating to communities, structures, and/or land alike.
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such single housekeeping unit shall contain more than five members.
Floor area is calculated by summing the square footage (or square meters) of each floor, measured from the exterior walls.
Signs that are secured in the ground and which are not attached to, supported by, or erected on a building or other structure having a principal function other than the support of such signs.
A building used for the preparation of the deceased for burial or cremation, the display of the deceased and ceremonies connected therewith before burial or cremation.
A building designed and used for the storage, care, repair, or refinishing of motorized vehicles including both minor and major mechanical overhauling, paint, and body work.
A building primarily used for the storage of functioning automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking of privately owned vehicles.
See "retail gasoline outlet."
An approach to water management that protects, restores, or mimics the natural water cycle.
Any waste that can be harmful to the environment or human health. Such wastes can be solid, liquid or contained gas.
A hedge or hedgerow is a line of closely spaced (three feet or closer) shrubs, bushes, and occasionally select tree varieties, planted and trained to form a barrier or to mark the boundary of an area, such as between neighboring properties.
See "building height."
A facility where animal hides are processed and converted into leather through a chemical and/or natural tanning process which includes, but is not limited to, soaking, liming, fleshing, tanning, and finishing for purposes such as, but not limited to, clothing, accessories, upholstery, and other uses.
An occupation, profession, business activity, or use that is clearly a customary, incidental, and secondary use of an owner-occupied dwelling, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
A building or structure for the diagnosis and treatment of human ailments (including obstetric and psychiatric care) and the furnishing of medical and surgical care on an overnight basis.
A building containing primary sleeping units with internal access only, for the purpose of furnishing lodging, with or without meals, for transient occupancy; and with management maintaining a register, and providing daily housekeeping and other incidental services, including desk, telephone, or bellboy services.
A hard surface that prevents water from soaking into the ground or significantly reduces the amount of water that can soak in.
Those fields of economic activity including manufacturing; construction; transportation; communication; electric, gas and sanitary services; other than those uses otherwise defined in this chapter; and excluding those uses prohibited by this chapter.
Land or buildings used for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, wrecking, dismantling, storage, salvaging and sale of machinery parts or the presence of junk vehicles further defined as any motor vehicle, whether automobile, bus, trailer, truck, tractor-trailer, motor home, motorcycle, bicycle, mini-bicycle, snowmobile or any other device originally intended for travel on a public highway that meets any of the following: is unlicensed, abandoned, wrecked, stored, discarded, partly dismantled and not in condition to be used upon a public highway.
Clearing, grubbing, grading, or excavating vacant lots and other land areas. This should not include minor work that does not change surface drainage patterns.
The stripping of vegetation and/or top soil, or surface grading which changes the existing natural slope by 5% or more, excavation, filling, mining, and/or any other activity causing the additional and/or displacement of soils by mechanical means.
An outdoor site used for the disposal of waste.
A business that specializes in the expansion or maintenance of natural and decorative features to include but not limited to lawns, trees, plants, natural materials such as rock, wood chips, and decorative features such as sculptures, patterned walks, fountains, and pools.
A use involving the assembly, manufacturing and/or processing of a product, but not producing noisy or otherwise objectionable disturbances such as vibration, dust, odors, or heavy truck traffic, and not involving the use of heavy machinery.
Waste products that have not been discarded properly. Litter endangers our environment, our wildlife, and our economy. It pollutes our neighborhoods, decreases property values, and destroys our Village's natural beauty.
Land occupied or to be occupied by a principal use or structure and accessory uses or structures, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the zone in which such land is situated, and having frontage on a street, or other means of access.
The total area within the property lines of a lot excluding any part lying within the boundaries of an existing or proposed public street.
That the percentage of the lot area covered by the building area, including all principal and accessory structures, decks, porches, and carports which are open at the sides, but excluding parking lots and access driveways and roadways.
The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
The distance measured across the width of the lot at the street line. This can also be referred to as street frontage or road frontage.
A property line that defines the boundaries of a lot.
A piece of land or structure where machinery or non-functioning vehicles such as, but not limited to, motor vehicles, construction vehicles, agricultural machines, and industrial equipment are dismantled and/or salvaged for the purpose of recycling or selling of components.
A structure (formerly defined as a "mobile home"), transportable in one or more sections, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities. A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This definition shall not be construed to include factory manufactured homes known as "modular homes" bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.
Land on which two or more manufactured homes are placed for living purposes.
A lot or structure with a variety of complementary and integrated uses such as, but not limited to, residential, office, light industrial, retail sales and service, general, restaurant/bar/hotel/motel, antique shop, and artisan shop.
An elevated plane that is built in addition to or separate from stairs, constructed for the accessibility of entrances and/or exits.
A factory manufactured home bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.
A building or group of buildings, whether detached or in connected units, used as individual sleeping units with exterior access only designed primarily for travelers and providing for accessory off-street parking facilities.
A lot, structure, or use of land which lawfully existed prior to the enactment of this chapter, or conformed to the regulations of the zone in which it was located prior to the amendment of this chapter; which does not conform to the regulations of the zone in which it is located following the enactment or amendment of this chapter.
Any use not considered under the definition of "residential use. "Short-term rental(s) and multiple-family dwellings and similar would be considered nonresidential use.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. Business offices are generally not open to the general public.
Land that is mostly undeveloped and set aside for agricultural or recreational purposes. This land may be owned by public or private entities and can have restricted or unrestricted access.
A public area of land for recreational uses and includes all landscaping facilities and apparatus, athletic fields, utilities, buildings and other structures that are consistent with the general purposes of public entertainment and/or leisure.
A tract of land used for the temporary parking of motor vehicles when such use is not accessory to any other use.
Signs designed and intended to be displayed permanently.
See "special permit."
See "zoning permit."
Signs that display personal, noncommercial content.
Surfaces that allow water to seep through and into the ground, instead of running off. They are also known as "porous surfaces."
Any building or space designed for the gathering of people for civic, social, religious, recreational, or educational purposes, encompassing venues like theaters, auditoriums, churches, and restaurants, among others.
A board appointed by the Village Board pursuant to § 7-718 of the Village Law to implement this chapter.
A solar energy system consisting of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators and heat exchangers, substations, electrical infrastructure, transmission lines and other related structures and facilities which has a rated capacity of more than 25 kilowatts for electricity or rated storage volume of more than 240 gallons or has a collector area of more than 1,000 square feet for thermal. It is noted that any system with a nameplate generating capacity of 25 megawatts or more is subject to the requirements, terms, and conditions of Section 94c of the Accelerated Renewable Energy Growth and Community Benefit Act.
A structure through which the principal use of the lot on which it is located is conducted.
The primary or predominant use of any lot.
Land and buildings owned by individuals or private entities, as opposed to public property owned by the government, and is subject to regulations that balance individual property rights with the broader public interest.
Land and structures owned and controlled by a government entity (federal, state, or local) for the benefit of the general public, such as parks, streets, schools, and libraries.
A tract of land that is owned, controlled or primarily utilized by a municipality or similar entity for the primary purpose of resident/tourist utilization alike.
A place designed and equipped for the conduct of sports and leisure-time activities where all activities are conducted within buildings.
Public areas for recreational activities to include but not be limited to: hiking, jogging, cycling, boating/kayaking, horseback riding, fishing, etc., where some or all activities are conducted outside of buildings.
A church, synagogue, or other place of religious worship, as well as a monastery or other place of religious retreat, which is tax-exempt and incorporated.
Facilities where animal by-products, such as fat, bones, and offal, are processed and converted into other materials such as, but not limited to, animal feed, biofuels, and other products through the process of grinding, cooking, and separating.
Any lot that has a dwelling unit(s) situated, no matter whether it is the primary or subsequent use of the parcel, may also be referred to as a residential lot.
Primary use is associated with living or habituating in a location, however, limited to one family dwellings (with or without accessory dwelling units on the lot) and two-family dwellings.
An establishment where food and/or alcoholic beverages are prepared, served and consumed.
An establishment where food and nonalcoholic beverages are prepared, served and consumed.
An establishment that sells gasoline to the public. Sales of food products, household items, and other goods commonly associated with the same may also be included.
A commercial facility engaged in the indoor or outdoor selling of goods or merchandise to the general public for personal or household consumption; or providing indoor or outdoor retail services or entertainment to the general public including, but not limited to finance, real estate and insurance, personal services, amusement and recreational services, healthcare and medical offices, educational and social services; and not including "retail sales and service, large-product."
A commercial facility including sales, rental, lease and service or repair for new and used automobiles, trucks, manufactured homes, boats, recreational vehicles, farm implements, tree nurseries and garden shops and other large items stored outdoors.
A road that has not been legally or formally accepted by the municipality or other governmental entity, that provides access to one or more lots.
A road that is open to the public and is maintained by a public authority.
A stall or booth of a temporary nature for the sale of farm or garden products grown on the premises. Roadside stands are portable, not fixed to the ground, and not entered by customers.
Any sign erected, mounted or placed on the roof of a building, or mounted or placed on any face of a building in a manner such that any portion of the sign extends vertically above the building eaves.
A site for solid waste disposal operated by the municipality.
Any school licensed by the state and which meets the state requirements for elementary or secondary education.
The use of a lot for the rental or lease of any, or part of any, residential use dwelling unit, for a period less than 30 days. No rental or lease shall exceed 30 days in duration. The STR may occur within an entire dwelling, in rooms within a dwelling, or in a separate attached or detached dwelling unit or units on the parcel. Motels, hotels, resorts, inns, and bed-and-breakfasts, as defined in this chapter, are excluded from this definition. Examples of STRs include, but are not limited to, vacation rentals, Airbnb rentals, and VRBO rentals.
Any device, structure, building or part thereof, for visual communication used for the purpose of bringing the subject thereof to the attention of the public.
Any sign that is painted, engraved, or attached to an awning. An awning is supported from a wall of a building and projects beyond the building wall, and is generally designed and constructed to provide protection against weather.
A sign that is erected on a separate, freestanding, roof-like covering.
Any non-movable sign not affixed to a building.
Any sign, pictorial or otherwise, that directs attention to a business, commodity, attraction, profession, service, or entertainment conducted, sold, or manufactured, existing or provided at a location other than on the premises where the sign is located or to which it is affixed.
A sign which directs attention to a business, industry, profession, service, commodity, or entertainment sold or offered upon the same lot on which it is displayed, including real estate signs.
Any sign that is erected on a building wall or structure and extends beyond the wall of the building more than 12 inches.
A sign designed and intended to be displayed for a short period of time.
A sign attached to the exterior wall of a building or structure which does not extend from the building wall more than 12 inches.
An accessory structure used for either agricultural or manufacturing storage.
A process for the Planning Board review of site characteristics of a use prior to the Zoning Officer issuing a zoning permit.
A building or part thereof or premises used or kept for the purpose of killing, dressing or packing any cattle, sheep, hogs, or other livestock animals, or the meat thereof, intended for human consumption.
The repair of small combustible or electric engines such as, but not limited to chainsaws, snowblowers, lawnmowers, and leaf blowers. Small engine repairs do not include repairs on combustible or electric engines such as, but not limited to automobiles, motorcycles, and aquatic vehicles (motorized fishing, speed, pontoon boats, etc.).
A solar collection system consisting of one or more roof- and/or ground-mounted related equipment, which has a rated capacity of less than or equal to 25 kilowatts (for electricity) or rated storage volume of the system of less than or equal to 240 gallons or that has a collector area of less than or equal to 1,000 square feet (for thermal) and is intended to primarily reduce on site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal energy solely for on-site use, except when a property upon which the facility is installed also receives electrical power supplied by a utility company and in such case excess electrical power may be used by the utility company.
A facility where metal is extracted from ore by heating and melting, separating the metal from impurities.
Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation or transfer of stored heat.
A permit for a use which must be approved by the Planning Board, granting permission to the Zoning Officer to issue a zoning permit.
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 the floor and the ceiling next above it and including those basements used for the principal use.
A public way for vehicular traffic which affords the principal means of access to abutting properties.
A right-of-way line dividing a lot, plot, or parcel from a street.
Anything constructed or erected, the use of which requires location on the ground, or attachment to something located on the ground, except a wall or fence on a farm.
See "accessory structure."
See "principal structure."
A structure on which transmitting and/or receiving antenna(s) are located. This definition includes all ancillary structures that assist in the proper functioning of the telecommunication tower-quite simply the entire telecommunication facility. Telecommunication towers may also be referred to as "towers" within this chapter and the associated schedules.
Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of "tobacco paraphernalia."
Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
A vehicle which is customarily towed by a motor vehicle and is used for carrying or storing goods, equipment, machinery or boats, or is used as an office.
A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.
The purpose or activity for which land or structures are designed, arranged, or intended, or for which land or structures are occupied or maintained.
See "accessory use."
See "agricultural use."
See "principal use."
Any departure from the strict letter of this chapter granted by the Zoning Board of Appeals as it applies to a particular piece of property.
See "trailer, vehicular."
Terminal facilities for handling freight with or without maintenance facilities, and buildings used primarily for the storage of goods and materials.
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
An open space located on the same lot with a structure, unoccupied and unobstructed from the ground up, except for accessory structures, or such projections as are expressly permitted in this chapter. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main structure.
The space within and extending the full width of the lot from the street line to that part of the structure which is nearest to such street line. If a lot adjoins two or more streets, the yard that faces the street used in the property address shall be considered the front yard.
The space within and extending the full width of the lot from the rear lot line to that part of the structure which is nearest to such rear lot line.
The space within and extending the full distance from the front yard to the rear yard and from the side lot line to that part of the structure which is nearest to such side lot line.
A board appointed by the Village Board pursuant to § 7-712 of the Village Law to hear and decide appeals of this chapter.
A permit issued by the Zoning Officer certifying that all plans for the use and development of land comply with the regulations of this chapter and granting permission to commence development activities in conformity with the conditions of the approved permit.
Any person appointed by the Village Board to enforce the provisions of this chapter.