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" and "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.
The word "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.
An establishment or business having as a substantial or significant
portion of its stock-in-trade books, magazines and other periodicals
and/or films for sale or viewing on premises, by use of motion-picture
devices or any coin-operated means, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or an establishment
or business containing a segment or section devoted to the sale or
display of such material.
[Added 10-20-1980]
A public or private establishment or business which is licensed
to serve food and/or alcoholic beverages, which features topless dancers,
strippers, male or female impersonators or similar entertainers.
[Added 10-20-1980]
An enclosed building or portion of a building with a capacity
of less than 50 persons used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
[Added 10-20-1980]
An enclosed building or portion of a building having a capacity
of 50 or more persons used regularly and routinely for presenting
material having as a dominant theme material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
[Added 10-20-1980]
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult motion-picture theaters, adult mini-motion-picture theaters
and adult entertainment cabarets.
[Added 10-20-1980]
Any change, rearrangement or addition to, or any relocation
of, a building or structure; any modification in construction or equipment.
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
That portion of a building that is partly below grade and
which has more than half of its height, measured from floor to ceiling,
above the average established finished grade of the ground adjoining
the building.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property, but not a trailer.
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 window or normal
entrances 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, to the deck line of mansard (a roof with
a double pitch on all sides) roofs and to the mean height between
eaves and ridge of gable, hip 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.
That portion of a building that is partly or entirely below
grade and which has more than half of its height, measured from floor
to ceiling, below the average established finished grade of the ground
adjoining the building.
Any vending machine which, upon the insertion of a coin,
token, plate or disc or key into any slot, crevice or other opening,
or by the payment of any price, may be operated by the public generally
for the dispensing of food, drink, confections, candies, goods, wares
or merchandise or any other tangible property or for the rendering
of any service for profit or gain, except that public telephone booths
or installations designed for public telephone use shall not be included.
[Added 7-12-1971]
A place for the care only, of five or more children away
from their own residence who stay for a period of three or more but
less than 24 hours during any day irrespective of compensation, reward
or otherwise.
[Added 2-2-1976]
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
[Added 10-20-1980]
A vehicle access from a public way to a principle or accessory
building. For the purposes of a side yard setback, it shall be considered
an accessory structure.
[Added 11-28-2011 by L.L. No. 6-2011]
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.
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.
An increase in floor area of an existing building, or an
increase in the area of land use for an existing open use.
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 tangible barrier or obstruction of any material, or a line
of obstacles above the surface of the ground, interposed along a line
between two portions of land with the purpose or intent or having
the effect of preventing passage of view across the fence line. A
fence may include hedges and walls. A fence shall be a minimum a 18
inches in height.
[Added 8-17-1987; amended 11-28-2011 by L.L. No.
6-2011]
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupant's
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 for motor service to passenger
automobiles or trucks not exceeding one and one-half (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.
An accessory use of a dwelling unit for gainful employment
involving the manufacture, provision or sale of goods and/or services.
[Amended 8-17-1987]
A building containing sleeping rooms and in which lodging
is provided primarily for transient guests for compensation and which
may include public dining facilities.
The maintenance of a place where junk, waste, discarded or
salvaged materials are bought, sold, exchanged, sorted, stored, baled,
packed, disassembled, handled or abandoned, but not including pawnshops,
antique shops, establishments for the sale, purchase or storage of
used furniture, household equipment, clothing, used motor vehicles
capable of being registered or machinery to be reused for the purpose
for which originally manufactured.
A building and/or area for the purpose of boarding for compensation
more than three dogs that are more than four months old.
[Amended 11-1-2021 by L.L. No. 7-2021]
The area of floors of a dwelling, excluding basements not
designed for human occupancy, cellars, garages, breezeways, unenclosed
or unheated porches and attics. It shall include only such floor area
under a sloping roof for which the headroom is not less than five
feet, provided that at least 65% of such floor area has a ceiling
height of at least seven feet; that if any such floor area is situated
above another story, it has access to the floor below by a permanent
built-in stairway; and that it meets the requirements of the Building
Code[1] for light and ventilation. Measurements of "livable floor
area" shall be made from exterior faces of exterior walls or from
center lines of party walls.
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, including customary accessory
buildings or uses and such open spaces as are required in connection
with such buildings or uses. A "lot" may or may not be a lot of record.
CORNER LOTA "lot" at the junction of and fronting on two or more intersecting streets.
INTERIOR LOTA "lot" other than a corner lot.
THROUGH LOTA "lot" in which the front lot line and rear lot line abut a street.
The mean horizontal distance between the front and rear lot
lines.
The property lines bounding a lot. Where a lot abuts on 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.
FRONT LOT LINEWhere 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."
REAR LOT LINEAny 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.
SIDE LOT LINEAny lot line which is not a front lot line or a rear lot line.
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.
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 building used as living quarters shall be considered
as dwellings.
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.
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.
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.
The least horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
A group of commercial establishments planned, constructed
and managed as an integrated operating entity, consisting of two or
more buildings with a total of not less than 50,000 square feet gross
floor area, including all customarily related and ancillary uses,
such as on-site parking, restaurant and automotive accessory service
area, excluding automotive body, frame, engine or transmission repair,
gasoline storage and sales.
[Added 5-9-1994]
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.
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 designed to give forth any artificial light or designed
to reflect light from one or more sources, natural or artificial.
[Added 10-20-1980]
[Added 10-20-1980]
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 Town Board.
A line separating a lot from a street. In any case where
a future "street line" has been established or approved by the Town
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.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
That portion of a lot extending open and unobstructed from
the ground upward along a lot line.
A yard extending the full length of the front lot line between
the side lot lines. The front yard depth of a lot located on a curve
shall be measured from the chord connecting the arc of the front lot
line or from the tangent of said arc, whichever is the lesser depth.
That portion of a rear yard of a through lot extending along
a street line 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.
On an interior lot, a yard extending the full length of the
rear lot line between the side lot lines. On a corner lot, a yard
extending along a rear lot line between an interior side lot line
and an 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 along a side lot line from the front yard
to the rear yard, except that on a corner lot where the side lot line
abuts a street, the "side yard" shall extend from the front yard to
the rear lot line.
EXTERIOR SIDE YARDA "side yard" extending along a street line.
INTERIOR SIDE YARDA "side yard" extending along a lot line of an adjoining lot.
