All words used in the present tense include the future tense.
All words in the plural number include the singular number, and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
The word "person" includes an individual, association, partnership or corporation.
Unless otherwise specified, all distances shall be measured horizontally along the ground.
The word "premises" includes a lot and all buildings or structures thereon.
"To erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another. The word "structure" shall include "building."
[Amended 7-16-2008 by L.L. No. 4-2008]
The word "use" refers to any purpose for which a lot is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
The word "used" refers to the actual fact that a lot is being occupied or maintained for a particular use and shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or intended to be used.
[Amended 7-16-2008 by L.L. No. 4-2008]
"Shall" is mandatory and not discretionary; "may" is discretionary and not mandatory.
Whenever the word "ordinance" shall be used in the text, the same shall be interpreted to mean "law" or "local law," and all such words or expressions shall be, for purposes of construing this chapter, synonymous with each other.
[Added 7-16-2008 by L.L. No. 4-2008]
[Amended 5-23-2001 by L.L. No. 1-2001; 5-15-2002 by L.L. No. 2-2002; 5-16-2007 by L.L. No. 3-2007; 7-16-2008 by L.L. No. 4-2008]
For the purpose of this chapter, unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
- ACCESSORY USE OR STRUCTURE
- A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the principal use of the lot.
- AGRICULTURAL OPERATIONS
- All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, including horticultural and fruit operations.
- The use of the land for agricultural purposes, including truck farms or nurseries, greenhouses, horticulture, viticulture and apiaries, and the raising or breeding of animals, swine, and poultry, and the necessary accessory uses for storage, provided that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
- Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
- APARTMENT HOUSE
- Any structure housing more than two dwelling units.
- Includes any stove, washing machine, dryer, freezer, refrigerator, or other household device or equipment abandoned, junked, discarded, wholly or partially dismantled or no longer intended or in condition for ordinary use for the purpose for which it was designed originally.
- AREA, BUILDING
- The total of areas taken on a horizontal plane at the main grade level of the principal building, exclusive of all accessory buildings and exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior face of the walls.
- AREA VARIANCE
- The authorization by the ZBA for use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
- That space of a building which is immediately below or wholly or partly within the roof framing, not containing habitable space, a recreation room, toilet room or similar nonhabitable space intended for human occupancy.
- AUTOMOBILE SERVICE STATION; GASOLINE STATION
- A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail and/or where minor repair service is rendered.
- That space of a building that is partly below grade level which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
- A single-family residence operated as a customary home occupation entirely within the principal residence, where meals and lodging are provided for persons primarily for overnight accommodations and where no cooking or dining facilities are provided in individual bedrooms. Not more than four bedrooms may be provided for such overnight accommodations.
- An advertising sign related to a business located off premises.
- BUFFER AREA
- A landscaped area intended to separate and obstruct the view of the adjacent properties from one another.
- A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property.
- BUILDING HEIGHT
- The vertical distance measured from the mean level of the ground surrounding the building to the highest ridge line, but not including chimneys, spires, towers, tanks, and similar projections.
- BUILDING LINE
- The line within a lot drawn parallel to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected.
- BUILDING, PRINCIPAL
- A structure in which the principal use of the site on which it is situated is conducted.
- CAR WASH
- A structure or building designed for the washing, waxing, simonizing, or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the filling station.
- The space of a building that is partly or entirely below grade, which has more than half of its height measured from floor to ceiling below the average established curb levels or finished grade of the ground adjoining the building.
- A place where religious worship is conducted.
- CIDER PRODUCER
- Any enterprise which is licensed to manufacture and sell
cider at wholesale.[Added 4-8-2009 by L.L. No. 2-2009]
- CLASS A-1 DISTILLER
- Any enterprise which is licensed to manufacture and sell
at wholesale less than 35,000 gallons of distilled spirits per year.[Added 4-8-2009 by L.L. No. 2-2009]
- CLUSTER DEVELOPMENT
- A development of residential lots each containing less area than the minimum lot area required for the zone within which such development occurs but maintaining the density limitations imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
- COMMUNITY SERVICE PROPERTY
- Any tract of land or building or buildings or any part of any buildings used for community activities, whether used for commercial purposes or not, the control of which is vested in a municipality, a local board, or agent, including but not limited to properties owned by the Town or Village of Naples, the Boy Scout House, Girl Scout House, schools, cemeteries, and churches.
- That percentage of the plot or land area covered by the building area.
- CRITICAL ENVIRONMENTAL AREA
- A specific geographic area designated by a state or local agency having exceptional or unique characteristics that make the area environmentally important and based on the criteria set forth in 6 NYCRR 617.14(g) and the State Environmental Conservation Law, as may be amended from time to time.
- DAY-CARE CENTER
- A facility duly permitted and licensed by the New York State Department of Social Services for the care of either six or more children or six or more adults for less than 24 hours a day on a regular basis.
- The number of dwelling units permitted per gross acre of land, exclusive of lands lying within the boundary of any public highway.
- DOG KENNEL
- Any land or structure where any number of dogs are kept for the purpose of sale and/or for boarding, care, or breeding for which a fee is charged or paid.
- The gravitational movement of water or other liquids by surface runoff or subsurface flow.
- A vehicular passageway having at least one end thereof connected to a public thoroughfare and providing ingress to and/or egress from a lot.
- Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.
- DWELLING UNIT
- One or more rooms with provision for living, sanitary and sleeping facilities arranged for the use of one or more persons living as a single housekeeping unit.
- The wearing away of the land surface by action of wind, water, gravity or other natural forces.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance of underground gas or water transmission or distribution systems, including mains, drains, sewers, or pipes, or electrical transmission systems, wires and cables above or below ground, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities, cable television service, Village or other governmental agencies for the public health, safety or general welfare.
- Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
- Any parcel which is used for agricultural production or customary farming activities. It includes necessary farm structures and the storage of equipment used.
- FARM ANIMAL
- Includes cows, pigs, goats, chickens, ducks, geese, sheep, mules, donkeys, burros and oxen.
- FARM WINERY
- Any enterprise which is licensed to manufacture and to sell
at wholesale wine which is made exclusively from grapes or other products
grown in New York State and which produces less than 150,000 gallons
of wine per year.[Added 4-8-2009 by L.L. No. 2-2009]
- Any type of a barrier or divider, constructed or planted, that will separate properties from one another, or bounding an area of land for limited access, or for privacy, security reasons, ornamentation or screening such an area from view.
- Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds and watercourses.
- FILLING STATION
- A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubricating. It does not do minor repairs.
- FLEA MARKET
- The sale of goods or services by one or more vendors on a site and primarily out of doors but from within stalls, booths, or other specified sales locations. The term as defined excludes yard sales and garage sales at a private residence.
- A. The area, usually lowlands, adjoining the channel of a river, stream or watercourse which has been or may be covered by floodwater during a regional flood or a one-in-one-hundred-year flood.
- B. The area below the one-in-one-hundred-year flood line as established by the Federal Emergency Management Agency or other designated authority.
- C. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source.
- GARAGE/YARD SALE
- The personal sale of the seller's possessions on the property upon which the seller dwells.
- Any refuse from animal and vegetable matter, waste food or parts thereof, refuse from kitchen, market, store or house, floor sweepings, table waste or animal or vegetable matter, meats, fish, bones, fat and all of fat and organic waste substance or food substances capable of decay, but not including waste from slaughterhouses, rendering plants or sanitary disposal systems.
- The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
- Any person who is paying a fee for lodging.
- HEAVY EQUIPMENT SALES AND RENTAL
- A building or part of a building or structure in which heavy machinery and equipment are offered or kept for sale, rent, lease or hire under agreement for compensation. It also may have an outside display only with approval from the Planning Board.
- HOME OCCUPATION
- Any use customarily conducted entirely within a dwelling or its accessory buildings and carried on only by the inhabitants thereof.
- A building containing either sleeping or dwelling units, or a combination of both, occupied or equipped to be occupied as a temporary abode for tourists or transients, and also containing a general kitchen and dining or other public rooms.
- INDUSTRIAL PARK
- A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
- An area of land, with or without buildings, used for storage outside of a completely enclosed building of used and discarded materials, including but not limited to wastepaper, rags, appliances, and parts thereof, with or without the dismantling, processing, salvage, sales or other use or disposition of the same. The deposit or storage of more than one unregistered vehicle, one or more appliances, or the major parts of two or more such vehicles shall also be deemed to make the lot a junkyard.
- Garbage, refuse and rubbish as herein defined and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
- LOT LINE, FRONT
- The line separating the front of the lot from the street. When a lot or building site is bounded by a public street and one or more alleys or private street easements or private streets, the front line shall be the nearest right-of-way line of the public street.
- LOT LINE, REAR
- The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
- LOT LINE, SIDE
- Any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.
- LOT, NONCONFORMING
- Any district lot which does not posses the minimum width, depth, frontage, or area dimensions specified for the district in which said lot is located.
- MANUFACTURED HOUSING
- A transportable single dwelling structure, built on a permanent steel chassis, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes.
- MANUFACTURED HOUSING PARK
- A parcel of land which has been planned and improved for the placement of two or more manufactured homes for nontransient use. The term shall include "manufactured home park" or other area planned and/or improved for two or more manufactured homes.
- Any enterprise which is licensed to manufacture and sell
at wholesale less than 60,000 barrels of beer per year.[Added 4-8-2009 by L.L. No. 2-2009]
- A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
- MOTOR VEHICLE
- Every vehicle which is propelled by any power other than muscular power, except electrically driven invalid chairs being operated or driven by an invalid. Motor vehicles shall include but not be limited to automobiles, trucks, boats, all-terrain vehicles, snowmobiles, etc.
- The application of a layer of plant residue or other material for the purpose of effectively controlling erosion.
- MULTIPLE DWELLINGS
- One or a group of dwelling structures housing three or more households, each in a separate dwelling unit.
- NONCONFORMING USE
- A building or structure or use of land which does not comply with the regulations for the district in which it is located.
- NURSERY SCHOOL
- A place providing or designed to provide daytime care or instruction for three or more children from two to five years of age away from their home for up to four hours per day.
- PARKING, PUBLIC
- An open area of land, other than a street, used for the parking of vehicles and available to the public, or as an accommodation to employees, clients or customers, with or without a fee being charged, or for the storage of delivery vehicles, but shall not include any area wherein vehicles for sale or repair are kept or stored.
- PARKING, RESIDENTIAL
- An area exclusive of driveways, or aisles, for the temporary parking or storage of motor vehicles and which has adequate access to permit ingress or egress of a motor vehicle to and from a street by means of driveways, aisles or maneuvering areas.
- PARKING SPACE
- A space, exclusive of driveway, ramps, and columns, to park one vehicle.
- PLANNED UNIT DEVELOPMENT (PUD)
- Design and development of a parcel of land encompassing more than one contiguous lot.
- PUBLIC AND SEMIPUBLIC BUILDINGS AND GROUNDS
- Any one of the following uses, including grounds and accessory buildings necessary for its use:
- A. Churches, places of worship, parish houses and convents.
- B. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
- C. Nursery schools, elementary schools, high schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
- D. Public libraries and museums.
- E. Not-for-profit fire, ambulance and public safety buildings.
- F. Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
- G. Not-for-profit membership corporations or private clubs established for cultural, social, or recreational purposes.
- REFUSE AND RUBBISH
- Plastics and combustible trash (that has not been packaged or is not part of a business operation), including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including but not limited to tires, metals, cans, plastics, metal furniture, small quantities of rock, brick and concrete, glass, metal fixtures, bottles and street rubbish, street sweepings, dirt, ashes, dead animals, junked vehicles, solid market and industrial wastes, cardboard, leaves, crockery and similar materials.
- An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.
- RESTAURANT, DRIVE-IN
- An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
- A strip of land occupied or intended to be occupied by a street, crosswalk, electric transmission line, water main, storm sewer main, shade trees, or other special use.
- The exterior surface and its supporting structures on the top of a building.
- SEASONAL TRADE
- Any temporary and legal occupation or commercial endeavor which spans no more than 90 consecutive days in a twelve-month period.
- Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion.
- SERVICE STATION
- Premises or the portion thereof used or intended to be used for the servicing and repairing of motor vehicles and for the sale of fuel, oils, and accessories for motor vehicles.
- A. The horizontal distance from the center line of the street right-of-way, measured at right angles to such center line, to the nearest part of any building or structure on the lot.
- B. With reference to a road, the distance between the center line of a street allowance and the nearest building line, and with reference to a water body, the distance between the normal spring high-water mark line and the nearest building line.
- C. The horizontal distance measured at right angles to the boundary of the parcel, lot or block of land between the main wall of the building and the main boundary.
- Any device to inform or attract the attention of persons not on the premises on which the device is located.
- SIGN, FREESTANDING
- Any sign not attached or part of any building but separate and permanently affixed by any other means in or upon the ground. Included are pole signs, pylon signs, and masonry wall-type signs.
- SIGN, OFF-PREMISES
- An advertising sign related to a business located off premises.
- SIGN, PORTABLE
- A sign, whether on its own trailer, wheels, or otherwise designed to be movable and not structurally attached to the ground, a building, a structure, or another sign.
- SIGN, PROJECTING PARALLEL
- A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from the plane of such outside wall.
- SIGN, PROJECTING PERPENDICULAR
- A sign which is attached to the building wall or structure which is at right angles to the face of such wall or structure.
- SIGN, TEMPORARY
- A sign intended for the use for only a limited period of time.
- SIGN, WALL
- A sign which 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 and not extending more than 12 inches from the face of such wall.
- SINGLE-FAMILY CONVERSION
- An existing one-family dwelling converted to a two-family dwelling.
- SITE PLAN
- A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed, on a lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank tile fields, utility lines and currents, or a special or particular use.
- SITE PREPARATION
- The activities of stripping, excavating, filling and grading, no matter what the purpose of these activities.
- All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
- A. The wearing away of the land surface by rain or irrigated water, wind, ice, or other natural or anthropogenic agents that abrade, detach and remove geologic parent materials or soil from one point on the earth's surface and deposit it elsewhere, including such processes as gravitational creep and so-called tillage erosion.
- B. The detachment and movement of soil or rock by water, wind, ice, or gravity.
- SPECIAL USE
- A use which because of its unique characteristics requires individual consideration in each case by the Planning Board before it may be permitted in the district enumerated in this chapter.
- STREET LINE
- The dividing line between the street, road or right-of-way and the lot; where the street line is not readily determinable or has not been established, this line shall be made from the center of the existing traveled portion of the pavement or way for the purpose of this chapter. A three-rod right-of-way shall be used for computing the width of the street unless a different width has been established.
- Any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation.
- Excluding driveways and paved walkways, anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground, and shall include buildings, walls or any sign, but does not include fences which do not exceed six feet.
- SWIMMING POOL
- Any structure above or below ground designed for a capacity of more than 18 inches of water depth.
- The natural surface layer of soil, unusually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
- A structure consisting of two or more noncommunicating, one-family dwelling units having a common fire wall between each two dwellings. The number of adjacent dwelling units, the front elevations of which are in the same vertical plane, shall not exceed two and which shall be offset at least 18 inches from the adjoining front. The townhouse shall have no more than eight living units per structure.
- The specific purpose for which land or a building or structure is designed, arranged, or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
- USE VARIANCE
- The authorization by the ZBA for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
- A motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the cars of electric or steam railways running only on rails.
- A building used primarily for the storage of goods and materials.
- Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood, or stormwater.
- Any open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.
- YARD, FRONT
- An open space which lies between the front building line of the principal building or group of buildings and the front lot line, unoccupied and unobstructed from the ground upward.
- YARD, REAR
- An open space extending the full width of the lot between the rear building line of a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
- YARD, SIDE
- An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
Editor’s Note: The former definition of "light industrial," which immediately followed this definition, was repealed 8-17-2011 by L.L. No. 2-2011.