This chapter shall be known as and may be cited as the "Village of Fishkill Zoning Local Law."
A. 
General construction of language. 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, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. The term "Village" means the Village of Fishkill; the term "Village Board" means the Mayor and the Trustees of said Village; the term "Board of Appeals" means the Zoning Board of Appeals of said Village; and the term "Planning Board" means the Village Planning Board of said Village.
B. 
For the purposes of this chapter only, certain words and terms used herein are defined as follows:
ADULT BOOK STORE and/or VIDEO STORE
An establishment, whether retail or wholesale, having more than 20% of its stock-in-trade in books, magazines, periodicals, recordings, films, videotapes/cassettes or other viewing or audio materials for sale or viewing on or off the premises, which materials are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and which establishment excludes minors by reason of age.
[Added 2-18-1997 by L.L. No. 2-1997]
ADULT CABARET
An establishment which presents topless and/or bottomless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainers and which excludes minors by reason of age.
[Added 2-18-1997 by L.L. No. 2-1997]
ADULT HOTEL OR MOTEL
A hotel or motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows and/or videotapes with material distinguished or characterized by their primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas which, if presented in a public movie theater, would exclude minors by reason of age.
[Added 2-18-1997 by L.L. No. 2-1997]
ADULT THEATER
An establishment presenting films, videotapes/cassettes or other viewing materials to patrons, which materials are distinguished or characterized by their primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons, and which establishment excludes minors by reason of age.
[Added 2-18-1997 by L.L. No. 2-1997]
ADULT USE
Any use constituting an adult book store and/or video store, adult cabaret, adult hotel or motel, adult theater and/or massage establishment, as those terms are defined herein, or any other use which is distinguished or characterized by its emphasis on sexual activities or sexual anatomical areas and which excludes minors by reason of age. Any use, such as a hotel, which includes any form of adult use as a principal or as an accessory use, shall be considered an adult use for the purposes of this chapter.
[Added 2-18-1997 by L.L. No. 2-1997]
ALTER
To change or rearrange the structural parts of the existing facilities of a structure, or to move a building from one location or position to another on the same lot.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as whip antennas, and parabolic antennas as part of, or in conjunction with, a WTSF. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS) and microwave telecommunications.
[Added 3-3-2003 by L.L. No. 1-2003]
APPEAL
A request for a review of the Building Inspector's interpretation of any provision of this chapter or a request for a variance.
AUTOMOBILE SALES AND SERVICE
Any area of land, including structures thereon, for which its principal use is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers or recreational vehicles or other vehicles requiring registration for road use, and which may or may not include the repair of vehicles.
[Added 7-20-2009 by L.L. No. 21-2009]
AUTOMOTIVE REPAIR AND PAINT SHOP
A facility arranged, intended, or designed for making repairs to motor vehicles and their mechanical systems, including painting, collision services involving frame and fender straightening and the dismantling or disassembly of frames or exterior parts, and which may or may not include the sale of rebuilt vehicles and parts.
[Added 7-20-2009 by L.L. No. 21-2009]
AUTOMOTIVE SERVICE STATION
An area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuel or motor vehicle accessories and which may include a walk-up counter for food or beverages, the sale of convenience items, or washing, but not including body work, repair or painting thereof by any means.
[Added 7-20-2009 by L.L. No. 21-2009; amended 2-6-2012 by L.L. No. 1-2012; 3-4-2013 by L.L. No. 2-2013]
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building wholly or partly underground which extends no more than five feet above the normal adjoining finished grade outside of window wells and areaways.
BEDROOM
Any room of an apartment complex, other than a kitchen, bathroom, living room or dining area, capable of being furnished with a bed and capable of being utilized for sleeping.
BILLBOARD
An off-premises sign which is leased or rented for profit.
[Added 6-1-2009 by L.L. No. 12-2009; amended 7-20-2009 by L.L. No. 21-2009]
BOARDINGHOUSE
A dwelling occupied by one family with one or more boarders, roomers or lodgers in the same household, who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a residence, temporary or permanent, for part of the occupants and for which compensation is paid, either directly or indirectly. No "boardinghouse" shall house more than six boarders. The term "boardinghouse" shall include rooming house, lodging house and tourist home but not foster home.
BUILDING
Any structure having a roof supported by columns or similar supports or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
BUILDING AREA
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
BUILDING COVERAGE
That percentage of the lot area covered by the combined area of all principal and accessory buildings on the lot.
[Amended 12-4-1996 by L.L. No. 9-1996]
BUILDING FOOTPRINT
The area of a lot covered by the ground floor level of a building.
[Added 12-4-1996 by L.L. No. 9-1996]
BUILDING HEIGHT
The vertical distance to the level of the highest point of the roof or parapet if the roof is flat, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type, measured as follows:
(1) 
If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established grade of the curb; or if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.
(2) 
If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
(3) 
When a lot fronts on two or more streets of different levels, the average elevation of the lot shall be taken as the base for measuring the height of the building.
BUILDING LENGTH
The least horizontal distance between the furthermost walls of a building measured along or parallel to the axis of it greatest dimension, including any carports and porches.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said building is situated. A lot may contain more than one "main building."
BUILDING SETBACK LINE
A line indicating the minimum horizontal distance permitted between the outside line of the main building or any enclosed projection thereof and a street right-of-way line.
CAMP
Any area of land, or land and water, including any buildings, tents, shelters or other accommodations suitable for temporary or seasonal living purposes.
[Amended 7-20-2009 by L.L. No. 21-2009]
CAMP, DAY
Any camp, as defined in this chapter, offering day care or instruction for adults or children.
[Amended 7-20-2009 by L.L. No. 21-2009]
CAR WASH
A facility for washing standard passenger vehicles. Such facility may include related services, including vending machines, pet wash facilities and vacuum and carpet shampooing kiosks but shall not include the repair, service or sale of vehicles.
[Amended 3-4-2013 by L.L. No. 2-2013]
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Architectural Review Board indicating its approval of plans for the alteration, construction, removal or demolition of a property within the Historic Preservation Overlay Zone.
[Added 12-4-1996 by L.L. No. 11-1996]
CLUB
A voluntary organization, not conducted for gain, with the facilities catering principally to members and to their guests for recreational, athletic or social purposes.
COLLOCATION
The use of the same structure or telecommunications tower to carry two or more antennas for the provision of wireless services by two or more entities.
[Added 3-3-2003 by L.L. No. 1-2003]
CONTRACTOR YARD/EQUIPMENT RENTAL
Property used for the rental, storage or keeping of construction supplies, materials, equipment, machinery or vehicles, or parts thereof, which are in operable condition and active use by a construction or landscape contractor or retail lessees.
[Added 3-4-2013 by L.L. No. 2-2013]
CONVALESCENT HOME or NURSING HOME
An establishment where three or more persons suffering from or afflicted with, or convalescing from, any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
CRAFT SHOP
A place where artisans engage primarily in handcraft manufacture of small items, e.g., jewelry, pottery, weaving or looming of articles such as ties and scarves, leathercraft, and custom woodwork.
[Amended 11-15-2021 by L.L. No. 4-2021]
DECIBEL
A unit of measurement of intensity of sound (the sound-pressure level).
DELICATESSEN
An establishment whose principal business is the retail sale of food and beverages ordered from a counter or display case where the patron selects from a variety of ingredients which are assembled on a customized basis as requested by the patron and/or are available separately for purchase by weight or quantity, which food and beverages are sold primarily for consumption off the premises. The term "delicatessen" shall not include a supermarket or grocery store.
[Added 11-2-2015 by L.L. No. 6-2015]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations within the area of special flood hazard.
DRIVE-THROUGH WINDOW
A facility that permits customers to obtain goods and/or receive services while remaining in their motor vehicles.
[Added 3-4-2013 by L.L. No. 2-2013]
DUST
Solid particulate matter capable of being air- or gasborne.
DWELLING
A detached building designed or used exclusively as living quarters for one or more families. The term shall not be deemed to include automobile court, motel, boarding- or rooming house, mobile home, trailer or tent.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units.
DWELLING, ONE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING, TWO-FAMILY
A dwelling containing two dwelling units only.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
DWELLING UNIT, APARTMENT
A dwelling unit having common floors or ceilings with two or more other dwelling units.
DWELLING UNIT, ATTACHED
A dwelling unit having common walls with two or more other dwelling units.
DWELLING UNIT, DETACHED
A dwelling unit having no common walls, floors or ceilings with any other dwelling unit.
DWELLING UNIT, MULTIFAMILY
A structure or group of structures, containing three or more dwelling units physically connected by a common wall and/or roof. This includes apartments (including those located above nonresidential use), condominiums, townhouses and cooperatives.[1]
[Added 7-20-2009 by L.L. No. 21-2009; amended 9-28-2009 by L.L. No. 29-2009]
DWELLING UNIT(S) WHEN ATTACHED TO A NONRESIDENTIAL USE
Up to two dwelling units attached to or contained in a structure which contains a nonresidential use. The minimum floor area of each dwelling unit shall be 400 square feet for a studio-style unit; 500 square feet for a one-bedroom unit; 700 square feet for a two-bedroom unit; and 900 square feet for a three-bedroom unit.
[Added 3-4-2013 by L.L. No. 2-2013]
ELECTRICAL, TINSMITHING AND SHEET METAL SHOP
A shop for the manufacturing or fabrication of tin, metal and/or electrical products.
[Added 11-5-2018 by L.L. No. 3-2018]
FAMILY
Any number of individuals related by blood, marriage or adoption, or not more than four persons who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.
FAMILY DAY CARE
Care provided in the caregiver's home for three to six children plus two additional school-age children in accordance with the Social Services Law.
[Added 7-20-2009 by L.L. No. 21-2009]
FILED MAP
Any map or plot filed in the County Clerk's office of Dutchess County.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.
FLOOD, ONE-HUNDRED-YEAR
The highest level of flood that, on the average, is likely to occur every 100 years, or with a one-percent chance of occurring in any given year.
FLOOD-PRONE AREA
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reversed in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREA, GROSS
The sum of the horizontal areas of the several floors of a building or buildings, measured to the exterior of the outside walls of such buildings, but not to include attached or built-in garages, porches or terraces, basements or unfinished floor area having a clear headroom of less than seven feet.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
FLOOR AREA, USABLE
When applied to dwellings, shall include all floor area with a minimum ceiling height of seven feet used for human occupancy within the exterior walls of the building, but shall not include open porches or breezeways, basements, garages or uninhabitable or unfinished attic spaces.
FOREST MANAGEMENT
The practice of maintaining trees and land to provide proper care to ensure a healthy and vigorous growing condition for vegetation, and habitat for wildlife. Management includes the removal or pruning of trees, planting and replanting of vegetation, and the cutting of roads or pathways through vegetation.
[Added 7-20-2009 by L.L. No. 21-2009]
FOSTER HOME
A home in which foster children are raised.
FREQUENCY
The number of oscillations per second of a vibration.
FRONTAGE
As pertains to a lot, the length of the property line dividing the lot and the street; as pertains to a building, the distance between perpendiculars erected from the street line (or tangent if the street is curved) to the ends of the building.
FUNERAL HOME
An establishment providing any or all of the following services: temporary holding and transporting of human remains to and from the premises, embalming and preparation of remains, visiting of the premises by family members and the public for the purpose of viewing the remains and conducting funeral and memorial services and organizing funeral processions. A crematorium is not included in this definition.
[Added 3-4-2013 by L.L. No. 2-2013]
GARAGE, PRIVATE
An accessory building or part of a main building used only for the storage of motor vehicles as permitted in this chapter.
GARAGE, PUBLIC
A building or part thereof used for the storage, care and repair, not including painting, of motor vehicles for remuneration, and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or which motor vehicle accessories or which motor vehicles are kept for hire or sale.[2]
GRADE, FINISHED
The finished grade at any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
GOVERNMENT SIGN
A sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.
[Added 8-6-2018 by L.L. No. 2-2018]
GUN SHOP
An establishment which sells guns, firearms or associated goods as the principal use. A sporting goods store with gun sales as an accessory to the principal use is not considered a gun shop.
[Added 11-2-2015 by L.L. No. 6-2015]
HOME OCCUPATION
An accessory use, generally of a service character, conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or give exterior evidence of such secondary use other than a nameplate.
[Amended 3-13-2000 by L.L. No. 2-2000; 7-20-2009 by L.L. No. 21-2009]
HOSPITAL
Unless otherwise specified, includes sanatorium and other places for diagnosis and treatment of and care for human diseases and injuries, generally on a room-and- board basis, not including, however, places primarily for the treatment and care of alcoholic, epileptic, drug, insane or feeble-minded patients. The term shall not include rest home, medical clinic or convalescent or nursing home.[3]
HOTEL/MOTEL
A building or group of buildings, whether detached or connected, used as individual sleeping units for transient travelers and provided with accessory off-street parking facilities. The term "transient travelers" is herein defined as any hotel or motel guest who utilizes the hotel/motel rooms and services for 30 days or less. A hotel/motel shall not constitute an individual's primary residence and shall not be construed to be a multiple dwelling. Notwithstanding the foregoing, a manager or owner of a hotel/motel may use the hotel/motel as a primary residence. The term "hotel/motel" includes all similar uses and terms, such as tourist court, motor lodges, auto courts and roadside cabins, but shall not be construed to include mobile homes or campers. Other services may include meals, kitchen facilities, public rooms or halls for the service of food or drink, entertainment or other services normally incidental to and associated with such use.
[Added 3-4-2013 by L.L. No. 2-2013; amended 11-2-2015 by L.L. No. 6-2015; 2-19-2019 by L.L. No. 2-2019]
(1) 
Under limited circumstances, hotels/motels may be utilized by a "nontransient guest" (as this term as hereinafter defined) for periods of time in excess of 30 days.
IMPACT VIBRATION
Earthborne oscillations occurring in discrete pulses at or less than 100 per minute.
INSTRUCTIONAL USE
A place, establishment, individual, institution or organization which may or may not be licensed or accredited as a school by the State of New York, which provides for the teaching of any skill or body of knowledge independent of a general curriculum of studies. Instructional uses include tutoring services, dance studios, karate schools, nursery schools and similar instructional schools or centers.
[Added 8-4-2003 by L.L. No. 5-2003; amended 3-4-2013 by L.L. No. 2-2013]
KENNEL
Any land or structure used for the boarding, care, or breeding of dogs, cats or other household animals for which a fee is charged or paid.
[Added 7-20-2009 by L.L. No. 21-2009]
LAUNDRY FACILITIES
An establishment in which dry-cleaning, washing and/or drying machines, either coin-operated or attendant-operated, are provided. A laundry facility may include tailoring and drop-off laundering service.
[Added 3-4-2013 by L.L. No. 2-2013]
LAUNDRY PLANT
An establishment larger than 5,000 square feet for the mechanical cleaning of garments, articles or goods made of fabric, including a linen, diaper or uniform laundering service, that may use solvents or other non-water-based chemicals. A laundry plant may perform work on the premises for other dry cleaning and laundry service establishments and serve commercial customers.
[Added 3-4-2013 by L.L. No. 2-2013]
LOADING SPACE
An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Article XI of this chapter.
LOT
A parcel of land, not divided by streets, devoted or to be devoted to a particular use, or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed to comply with the provisions of law and warrant the issuance of a building permit for a building or buildings on such land.
LOT AREA AND SHAPE
In determining compliance with minimum lot area and shape requirements of this chapter, land subject to easements for drainage facilities and underground public utilities may be included, but no street or highway, easement for vehicular access, private right-of-way for vehicles or easement for aboveground utility transmission lines may be included. If a lot includes ponds, lakes, streams, marsh or swamp, the ground above high-water level shall comprise 75% of the minimum lot requirement. Land in a zoning district having a higher lot area requirement shall not be used to satisfy a lot area requirement in a zoning district having a lesser lot area requirement. Land in a residence district shall not be used to satisfy a lot area requirement in any other district.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
Percentage of the lot area covered by all buildings, structures, porous pavement and impervious surfaces on the lot.
[Added 12-4-1996 by L.L. No. 9-1996; amended 11-2-2015 by L.L. No. 6-2015]
LOT DEPTH
The minimum horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINE
A property line bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner may elect any lot line abutting a street as the front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be the line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the lot line.
LOT WIDTH
The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.
LOWEST FLOOR
Lowest level, including basement, crawl space or garage, of lowest enclosed area.
MASSAGE
A method of treating the external part of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
[Added 2-18-1997 by L.L. No. 2-1997]
MASSAGE ESTABLISHMENT
An establishment where massages are administered, excluding hospitals, nursing homes, medical clinics and offices of practitioners duly licensed by the State of New York, and also excluding barbershops, beauty salons or spas in which massages are administered only to the scalp, the face, the neck, the back and/or the shoulders. This definition shall also exclude health, exercise or fitness clubs that have facilities for physical exercise, such as tennis courts, racquetball courts and/or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. This definition shall further exclude any volunteer fire department or volunteer rescue squad, any nonprofit organization operating a community center and other such similar educational, cultural, recreational or athletic facilities.[4]
[Added 2-18-1997 by L.L. No. 2-1997]
MOBILE HOME
Any vehicle or similar portable structure with or without a foundation on wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes of any kind or for commercial purposes of any kind, excluding the term "modular home." The term "mobile home" shall include the term "house trailer" or other similar phrases.[5]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING USE
A use of a structure or of land that does not conform to the regulations as to use in the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments thereto.
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
[Added 3-3-2003 by L.L. No. 1-2003]
NONTRANSIENT GUEST
[Added 2-19-2019 by L.L. No. 2-2019]
(1) 
Occupancy of a hotel/motel by a guest for periods in excess of 30 days, but not for periods in excess of 90 consecutive days unless such a guest falls into one of the following categories, in which case a nontransient guest may occupy a hotel for greater than 90 days:
(a) 
Corporate guest: A guest registered at a hotel/motel via a corporate account for business-related stay or a long-term project; or
(b) 
Humanitarian guest: A guest registered at a hotel/motel who has a permanent residence other than the hotel/motel but requires occupancy away from his/her permanent residence due to a state or city evacuation or residential disaster caused by fire, flood, infestation or other similar disaster, but in no event shall such stay exceed 180 days; or
(c) 
Circumstance-driven guest: A guest registered at a hotel/motel who has a permanent residence other than the hotel/motel but requires occupancy away from his/her permanent resident due to home reconstruction or renovations, marital separation or divorce, medical treatment or other similar circumstances, but in no event shall such stay exceed 180 days.
(2) 
Nontransient guests, upon registering at a hotel/motel must provide the hotel/motel with registration information, including but not limited to the type of nontransient guest category (corporate, humanitarian, circumstance-driven), a primary residence address that is not the hotel/motel's address, and the ages and school enrollment of any minor children. If any school-age children of nontransient guests are attending school during the duration of their time as a guest in the hotel/motel, school enrollment shall be based on the guest's primary residence address, not the address of the hotel/motel.
NURSERY, DAY
A place, building or structure specifically designed to provide care or instruction for two or more children, but not including family day care. See the definition of "instructional use."
[Amended 3-4-2013 by L.L. No. 2-2013]
NURSERY SCHOOL
See "nursery, day."
OCTAVE BAND
A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER
An instrument standardized by the American Standards Association, used in conjunction with a sound-level meter to take measurements in specific octave bands.
OFFICIAL MAP
A map adopted by the Village Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on such map.
OUTDOOR BOX
A device which dispenses a product or service, either for sale, rent or free, and which is entirely activated by the receiver of the product or service, including but not limited to ice machines, food/drink machines, DVD kiosks, standalone automated teller machines, recycling machines, courier shipment boxes, newspaper boxes or devices used for the collection of donation items. Devices used for the collection of donation items are prohibited.
[Added 8-1-2011 by L.L. No. 4-2011]
OUTDOOR RECREATION FACILITY
Land developed with facilities for passive recreation, e.g., trails and picnic areas, and/or with facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, ski trails, ice-skating areas and golf courses.
[Added 7-20-2009 by L.L. No. 21-2009]
PARKING AREA
An off-street area containing one or more parking spaces with passageways and driveways appurtenant thereto.
PARKING SPACE
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article XI of this chapter.
PARK, PUBLIC
Any land, and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes.
[Added 7-20-2009 by L.L. No. 21-2009]
PARTICULATE MATTER
Any finely divided liquid or solid matter, including smoke, capable of being air- or gasborne.
PERSONAL STORAGE UNIT
A portion of existing floor area in a commercial building that is leased for use as an area to store personal items.
[Added 10-19-2020 by L.L. No. 2-2020]
PLANNED UNIT DEVELOPMENT
A group or combination of one or more of the following: residential dwellings, business and/or office space, all constructed as a unified project under a general land use and development plan approved in accordance with the Village Development Plan and with the requirements of this chapter.
PORCH
A roofed-over structure projecting out from the wall or walls of a main structure.
POROUS PAVEMENT
A permeable pavement surface with an underlying stone reservoir that temporarily stores surface runoff before infiltrating into the subsoil. Pervious pavement includes porous asphalt, pervious concrete, grass pavers, and plastic grid systems, or their equivalents as deemed acceptable by the Village Engineer.
[Added 11-2-2015 by L.L. No. 6-2015]
PORTABLE STORAGE UNIT
A container not more than eight feet wide, 16 feet long and eight feet high, also sometimes known as a "pod," which is designed for the storage of personal property and which is typically rented to the owner and/or occupant of the premises for his/her temporary use and which is typically delivered and removed by a truck.
[Added 8-1-2011 by L.L. No. 4-2011]
PROFESSIONAL AND BUSINESS OFFICE
An establishment for the conduct of business or services that include, but are not limited to physician, dentist, lawyer, architect, teacher, insurance and real estate offices.
[Added 7-20-2009 by L.L. No. 21-2009]
PROFESSIONAL SERVICES
An establishment primarily engaged in providing services involving the care of a person or a person's apparel, including but not limited to, barber and beauty shops, nail salons, clothing alterations, and shoe repair, but not including adult business use, automotive service stations, automobile repair and paint shops, automobile sales and service or tattoo parlors.
[Added 7-20-2009 by L.L. No. 21-2009]
RESTAURANT
A use in which food and/or beverage preparation and service is provided for individual consumption either on- or off-premises, and in which any service of alcoholic beverages is accessory to the service of food. If the restaurant contains a bar area, the area shall be separated from the dining area by a stationary structure or partition of no less than 48 inches in height, only contain one bar structure, and have a maximum of 15 seats in the bar area. If the bar area does not have a partition and/or exceeds the allowable number of bar structures or seats, the restaurant shall be considered a tavern.
[Amended 3-4-2013 by L.L. No. 2-2013]
RINGELMANN SMOKE CHART
A chart for determining the density of smoke and which is used by the Federal Bureau of Mines.
ROOMING HOUSE
See "boardinghouse."
SCHOOL, PRIVATE
A kindergarten, primary or secondary school not operated by a school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school; or a nursery school specifically designed and used to provide care or instruction for two or more children under six years of age.
SCHOOL, PUBLIC
An educational institution operated by a public school district under the laws of the State of New York.
SETBACK
The distance between the property line and the nearest line of the building or other improvement.
SHOPPING PLAZA
A group of stores and shops for retail services, restaurants, and other nonresidential uses contained in a building or group of buildings with multiple tenant spaces that share a common parking lot.
[Added 11-15-2021 by L.L. No. 4-2021]
SIGN
Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such manner, whether indoors or out-of-doors, that it provides visual communication to the general public out-of-doors, but not including the following:
[Amended 12-4-1996 by L.L. No. 10-1996]
(1) 
Government signs.
[Amended 8-6-2018 by L.L. No. 2-2018]
(2) 
The flag or insignia of any government or governmental agency.
(3) 
The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast.
(4) 
Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
SIGN AREA
Where a sign consists of a single board or face with information on one side or both sides, the area which results by including the outside dimensions of such sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building unless such supports are evidently designed to be part of the sign as defined herein. Where a sign consists of several individual faces, the area shall be the total of the area of all such faces which can be observed from any one point. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest basic geometric shape (rectangle, triangle or circle) which encompasses all of the letters or symbols.
SIGN, COMPATIBLE
Sign components are all made of the same material with the same background color, size and shape, but not pertaining to the business logo or trademark to be placed on the sign.
[Added 8-15-2011 by L.L. No. 5-2011]
SIGN, DIRECTIONAL
Any sign, as defined herein, providing directions or instructions for the safety and convenience of the general public, identifying public parking areas, fire zones, entrances, exits and other similar signs.
[Added 6-1-2009 by L.L. No. 12-2009; amended 7-20-2009 by L.L. No. 21-2009]
SIGN, FREESTANDING
A sign which does not depend upon a building for its main support.
SIGN, EXTERNALLY ILLUMINATED
Any sign, as defined herein, which is designed and constructed so as to be illuminated by a light source external to the body of the sign.
[Added 12-4-1996 by L.L. No. 10-1996]
SIGN, INTERNALLY ILLUMINATED
Any sign, as defined herein, which contains transparent or translucent materials as an exterior surface, and which contains a light source within its body, or which is capable of being illuminated by a light source within its body. Neon signs shall be considered internally illuminated signs.
[Added 12-4-1996 by L.L. No. 10-1996]
SIGN, PROJECTING
Any sign, as defined herein, attached to a building wall or structure that projects horizontally or at a right angle more than four inches from the face of the building.
[Added 6-1-2009 by L.L. No. 12-2009; amended 7-20-2009 by L.L. No. 21-2009]
SIGN, ROOF
Any sign, as defined herein, that is mounted above the cornice line, or over or on the roof or parapet of a building.
[Added 6-1-2009 by L.L. No. 12-2009; amended 7-20-2009 by L.L. No. 21-2009]
SMOKE
Any emission into the open air from any source, except emissions of uncontaminated water vapor.
SMOKE UNIT
A measure of the quantity of smoke being discharged and which is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.
SOLAR ENERGY SYSTEM
An electrical or mechanical device or devices, such as solar panels, which use the sun's radiation to create electricity or heat.
[Added 11-2-2015 by L.L. No. 6-2015]
SOUND-LEVEL METER
An instrument standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
START OF CONSTRUCTION
The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part on its piling or foundation.
STEADY-STATE VIBRATIONS
Continuous earthborne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered "steady-state vibrations."
STORES AND SHOPS FOR RETAIL BUSINESS AND SERVICES
Traditional establishments, such as florists, lumber and hardware stores, pharmacies, stationery stores, bookstores, video-rental stores, shoe stores, antique stores, craft shops, etc., that sell goods or merchandise to the general public for personal or household consumption, but not including adult business use, automotive service stations, automobile repair and paint shops, automobile sales and service or tattoo parlors.
[Added 7-20-2009 by L.L. No. 21-2009; amended 3-4-2013 by L.L. No. 2-2013]
STORY
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 ceiling next above it. A basement shall be counted as a "story" if the ceiling is more than five feet above the level from which the height of the building is measured or if such basement is used for businesses or for dwelling purposes.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
A way which is an existing state, county, town or Village highway, or a way shown upon a subdivision plat approved by the Village Planning Board as provided by law or a plat duly filed and recorded in the office of the County Clerk.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. The term "structure" includes the term "building."
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOL
Any artificially made pool, tank, pond or other contrivance capable of holding water to a depth at any point of more than 3 1/2 feet and used, designed or intended for bathing or swimming. Any "swimming pool" so defined for the purpose of this chapter shall be deemed a structure.
TATTOO PARLOR
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
[Added 3-4-2013 by L.L. No. 2-2013]
(1) 
Placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substance that results in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; or
(2) 
Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration, other than ear piercing.
TAVERN
An establishment having as its principal use the on-premises consumption of beer, wine or liquors, or otherwise exceeding the allowable number of bar structures or seats in the bar area of a restaurant.
[Amended 3-4-2013 by L.L. No. 2-2013]
THREE-COMPONENT MEASURING SYSTEM
A device for recording the intensity of any vibration in three mutually perpendicular directions.
TOURIST COURT
See "motel."
TOURIST HOME
See "boardinghouse."
TOXIC OR NOXIOUS MATTER
Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or likely to cause injury to the well-being of persons or damage to property.
TRAILER
See "mobile home."
URGENT CARE FACILITY
A facility organized and operated for the primary purpose of providing emergency health services in more than one medical specialty for outpatient medical or dental care of the sick or injured, including related facilities such as laboratories and other service facilities operated in connection with the clinic. This shall not include overnight care facilities or facilities for the treatment of animals.
[Added 7-20-2009 by L.L. No. 21-2009]
USE
The specific purpose for which land, water or a building or structure is designed, arranged or intended or for which it may be occupied or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot or water area therewith.
UTILITY, PUBLIC
An electric unit substation, municipal pump station or water tower, municipal garage, firehouse, telephone substation.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VETERINARIAN OFFICE
An establishment for the medical and/or surgical care of animals, including facilities for their temporary indoor boarding. This shall not include facilities for the outdoor keeping of animals or outdoor animal runs.
[Added 3-13-2000 by L.L. No. 2-2000]
WALK-IN COOLER
See "accessory building."[6]
[Added 7-20-2009 by L.L. No. 21-2009]
WATERCOURSE
Any flow or body of water which contains water or a flow of water at least six months in the aggregate during the course of an average year.
WETLAND
Land generally or intermittently covered with water which, by nature of their surface and/or subsurface soil characteristics, contributes to the replenishment of the subsurface water supply, including marshes, swamps, bogs and other areas with poorly drained soils.[7]
WIND ENERGY SYSTEM
A rotary device that extracts energy from the wind.
[Added 11-2-2015 by L.L. No. 6-2015]
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
The provision of wireless telecommunications services, including, but not limited to, those more commonly referred to as "cellular telephones," which services are regulated by the FCC in accordance with and as the term "personal wireless services" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332 (c)(7)(C), or as hereafter amended.
[Added 3-3-2003 by L.L. No. 1-2003]
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
A facility or structure designed or intended to be used or used to support and include antennas for WTS. A WTSF is a facility or structure intended for transmitting and/or receiving radio, television, cellular, paging or personal wireless telecommunications services or microwave telecommunications, but excludes facilities or structures used exclusively for fire, police and other dispatch telecommunications, private radio and television reception, private citizens bands, amateur radios and other similar telecommunications. A WTSF includes, without limit, antennas applied or affixed to the facade of a building or roof-mounted antennas, freestanding towers, guyed towers, monopoles, equipment shelters, and similar structures that employ camouflage technology, and including, but not limited to, structures such as a church steeple, water tower, flagpole, sign, or combination thereof or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.
[Added 3-3-2003 by L.L. No. 1-2003]
YARD
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures. In measuring a "yard", as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front and rear lot line, as the case may be.
[1]
Editor's Note: The former definition of "extended stay suites," added 2-18-1997 by L.L. No. 3-1997, and which immediately followed this definition, was repealed 3-4-2013 by L.L. No. 2-2013. See now the definition of "hotel/motel."
[2]
Editor's Note: The former definition of “gasoline service station,” which immediately followed this definition, was repealed 7-20-2009 by L.L. No. 21-2009.
[3]
Editor's Note: The former definition of "hotel," which immediately followed this definition, was repealed 3-4-2013 by L.L. No. 2-2013. See now the definition of "hotel/motel."
[4]
Editor's Note: The former definition of “medical clinic,” which immediately followed this definition, was repealed 7-20-2009 by L.L. No. 21-2009.
[5]
Editor's Note: The former definition of "motel," which immediately followed this definition, was repealed 3-4-2013 by L.L. No. 2-2013. See now the definition of "hotel/motel."
[6]
Editor's Note: See “building, accessory.”
[7]
Editor's Note: The former definition of "wind turbine," which immediately followed this definition, was repealed 11-2-2015 by L.L. No. 6-2015. See now the definition of "wind energy system."