A.Â
All words used in the present tense include the future
tense.
B.Â
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.
C.Â
The word "person" includes an individual, association,
partnership or corporation.
D.Â
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
E.Â
The word "premises" includes a lot and all buildings
or structures thereon.
F.Â
"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]
G.Â
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.
H.Â
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]
I.Â
"Shall" is mandatory and not discretionary; "may"
is discretionary and not mandatory.
J.Â
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]
K.Â
For the purposes of § 385-26B(2) and (3) the footprint of a building shall mean the entire area of the ground floor of the building, including porches, decks and loading docks. It shall not include walkways, parking areas, landscaping or fencing.
[Added 6-18-2008 by L.L. No. 2-2008]
[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:
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.
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.
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.
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.
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.
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.
The piercing of any part of the body except the ear.
[Added 9-16-2020 by L.L.
No. 2-2020]
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.
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.
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.
A structure in which the principal use of the site on which
it is situated is conducted.
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.
Any enterprise which is licensed to manufacture and sell
cider at wholesale.
[Added 4-8-2009 by L.L. No. 2-2009]
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]
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.
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.
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.
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.
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.
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.
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.
Includes cows, pigs, goats, chickens, ducks, geese, sheep,
mules, donkeys, burros and oxen.
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.
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.
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.
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.
The area below the one-in-one-hundred-year flood
line as established by the Federal Emergency Management Agency or
other designated authority.
"Floodplain" or "flood-prone area" means any
land area susceptible to being inundated by water from any source.
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.
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.
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.
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.[1]
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.
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.
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.
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.
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.
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.
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 grouping of separate storage spaces constructed within
a one-story building, each space to not exceed 300 square feet and
having its own separate outdoor entrance.
[Added 3-20-2019 by L.L. No. 2-2019]
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.
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.
One or a group of dwelling structures housing three or more
households, each in a separate dwelling unit.
A building or structure or use of land which does not comply
with the regulations for the district in which it is located.
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.
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.
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.
A space, exclusive of driveway, ramps, and columns, to park
one vehicle.
Design and development of a parcel of land encompassing more
than one contiguous lot.
Any one of the following uses, including grounds and accessory
buildings necessary for its use:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
Nursery schools, elementary schools, high schools,
colleges or universities having a curriculum approved by the Board
of Regents of the State of New York.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
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.
Not-for-profit membership corporations or private
clubs established for cultural, social, or recreational purposes.
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.
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.
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.
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.
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.
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.
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.
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.
An advertising sign related to a business located off premises.
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.
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.
A sign which is attached to the building wall or structure
which is at right angles to the face of such wall or structure.
A sign intended for the use for only a limited period of
time.
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.
An existing one-family dwelling converted to a two-family
dwelling.
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.
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.
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.
The detachment and movement of soil or rock
by water, wind, ice, or gravity.
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.
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.
Any structure above or below ground designed for a capacity
of more than 18 inches of water depth.
The marking or coloring of skin by pricking in coloring matter
so as to form indelible marks or figures.
[Added 9-16-2020 by L.L.
No. 2-2020]
Any property or portion thereof, the use of which is devoted
in whole or in part to the application of one or more tattoos or body
piercings upon a person.
[Added 9-16-2020 by L.L.
No. 2-2020]
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.
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.
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.
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.
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.
[1]
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.
