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.
ADULT BOOK STORE and/or VIDEO STORE
ADULT CABARET
ADULT HOTEL OR MOTEL
ADULT THEATER
ADULT USE
ALTER
ANTENNA
APPEAL
AUTOMOBILE SALES AND SERVICE
AUTOMOTIVE REPAIR AND PAINT SHOP
AUTOMOTIVE SERVICE STATION
BASE FLOOD
BASEMENT
BEDROOM
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING COVERAGE
BUILDING FOOTPRINT
BUILDING HEIGHT
(1)
(2)
(3)
BUILDING LENGTH
BUILDING, MAIN
BUILDING SETBACK LINE
CAMP
CAMP, DAY
CAR WASH
CERTIFICATE OF APPROPRIATENESS
CLUB
COLLOCATION
CONTRACTOR YARD/EQUIPMENT RENTAL
CONVALESCENT HOME or NURSING HOME
CRAFT SHOP
DECIBEL
DELICATESSEN
DEVELOPMENT
DRIVE-THROUGH WINDOW
DUST
DWELLING
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT, APARTMENT
DWELLING UNIT, ATTACHED
DWELLING UNIT, DETACHED
DWELLING UNIT, MULTIFAMILY
DWELLING UNIT(S) WHEN ATTACHED TO A NONRESIDENTIAL USE
ELECTRICAL, TINSMITHING AND SHEET METAL SHOP
FAMILY
FAMILY DAY CARE
FILED MAP
FLOOD or FLOODING
FLOOD INSURANCE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD, ONE-HUNDRED-YEAR
FLOOD-PRONE AREA
FLOODWAY
FLOOR AREA, GROSS
FLOOR AREA RATIO
FLOOR AREA, USABLE
FOREST MANAGEMENT
FOSTER HOME
FREQUENCY
FRONTAGE
FUNERAL HOME
GARAGE, PRIVATE
GARAGE, PUBLIC
GRADE, FINISHED
GOVERNMENT SIGN
GUN SHOP
HOME OCCUPATION
HOSPITAL
HOTEL/MOTEL
(1)
IMPACT VIBRATION
INSTRUCTIONAL USE
KENNEL
LAUNDRY FACILITIES
LAUNDRY PLANT
LOADING SPACE
LOT
LOT AREA AND SHAPE
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT WIDTH
LOWEST FLOOR
MASSAGE
MASSAGE ESTABLISHMENT
MOBILE HOME
NEW CONSTRUCTION
NONCONFORMING USE
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
NONTRANSIENT GUEST
(1)
(a)
(b)
(c)
(2)
NURSERY, DAY
NURSERY SCHOOL
OCTAVE BAND
OCTAVE BAND FILTER
OFFICIAL MAP
OUTDOOR BOX
OUTDOOR RECREATION FACILITY
PARKING AREA
PARKING SPACE
PARK, PUBLIC
PARTICULATE MATTER
PERSONAL STORAGE UNIT
PLANNED UNIT DEVELOPMENT
PORCH
POROUS PAVEMENT
PORTABLE STORAGE UNIT
PROFESSIONAL AND BUSINESS OFFICE
PROFESSIONAL SERVICES
RESTAURANT
RINGELMANN SMOKE CHART
ROOMING HOUSE
SCHOOL, PRIVATE
SCHOOL, PUBLIC
SETBACK
SHOPPING PLAZA
SIGN
(1)
(2)
(3)
(4)
SIGN AREA
SIGN, COMPATIBLE
SIGN, DIRECTIONAL
SIGN, FREESTANDING
SIGN, EXTERNALLY ILLUMINATED
SIGN, INTERNALLY ILLUMINATED
SIGN, PROJECTING
SIGN, ROOF
SMOKE
SMOKE UNIT
SOLAR ENERGY SYSTEM
SOUND-LEVEL METER
START OF CONSTRUCTION
STEADY-STATE VIBRATIONS
STORES AND SHOPS FOR RETAIL BUSINESS AND SERVICES
STORY
STORY, HALF
STREET
STRUCTURAL ALTERATIONS
STRUCTURE
SUBSTANTIAL IMPROVEMENT
SWIMMING POOL
TATTOO PARLOR
(1)
(2)
TAVERN
THREE-COMPONENT MEASURING SYSTEM
TOURIST COURT
TOURIST HOME
TOXIC OR NOXIOUS MATTER
TRAILER
URGENT CARE FACILITY
USE
USE, ACCESSORY
UTILITY, PUBLIC
VARIANCE
VETERINARIAN OFFICE
WALK-IN COOLER
WATERCOURSE
WETLAND
WIND ENERGY SYSTEM
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purposes of this chapter only, certain words
and terms used herein are defined as follows:
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]
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]
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]
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]
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]
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.
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]
A request for a review of the Building Inspector's interpretation
of any provision of this chapter or a request for a variance.
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]
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]
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]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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.
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.
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]
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.
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.
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
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.
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]
The area of a lot covered by the ground floor level of a
building.
[Added 12-4-1996 by L.L. No. 9-1996]
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:
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.
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.
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.
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.
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."
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.
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]
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]
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]
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]
A voluntary organization, not conducted for gain, with the
facilities catering principally to members and to their guests for
recreational, athletic or social purposes.
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]
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]
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.
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]
A unit of measurement of intensity of sound (the sound-pressure
level).
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]
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.
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]
Solid particulate matter capable of being air- or gasborne.
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.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit only.
A dwelling containing two dwelling units only.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling unit having common floors or ceilings with two
or more other dwelling units.
A dwelling unit having common walls with two or more other
dwelling units.
A dwelling unit having no common walls, floors or ceilings
with any other dwelling unit.
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]
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]
A shop for the manufacturing or fabrication of tin, metal
and/or electrical products.
[Added 11-5-2018 by L.L.
No. 3-2018]
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.
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]
Any map or plot filed in the County Clerk's office of Dutchess
County.
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.
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.
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.
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.
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year.
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.
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.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
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.
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]
A home in which foster children are raised.
The number of oscillations per second of a vibration.
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.
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]
An accessory building or part of a main building used only
for the storage of motor vehicles as permitted in this chapter.
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]
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.
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]
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]
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]
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]
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]
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.
Earthborne oscillations occurring in discrete pulses at or
less than 100 per minute.
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]
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]
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]
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]
An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Article XI of this chapter.
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.
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.
A lot at the junction of and fronting on two or more intersecting
streets.
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]
The minimum horizontal distance between the front and rear
lot lines, measured in the general direction of the side lot lines.
A property line bounding a lot as defined herein.
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.
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.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
Lowest level, including basement, crawl space or garage,
of lowest enclosed area.
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]
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]
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]
Structures for which the start of construction commenced
on or after the effective date of this chapter.
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.
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]
[Added 2-19-2019 by L.L.
No. 2-2019]
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:
Corporate guest: A guest registered at a hotel/motel via a corporate
account for business-related stay or a long-term project; or
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
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.
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.
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]
See "nursery, day."
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
An instrument standardized by the American Standards Association,
used in conjunction with a sound-level meter to take measurements
in specific octave bands.
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.
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]
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]
An off-street area containing one or more parking spaces
with passageways and driveways appurtenant thereto.
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.
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]
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
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]
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.
A roofed-over structure projecting out from the wall or walls
of a main structure.
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]
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]
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]
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]
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]
A chart for determining the density of smoke and which is
used by the Federal Bureau of Mines.
See "boardinghouse."
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.
An educational institution operated by a public school district
under the laws of the State of New York.
The distance between the property line and the nearest line
of the building or other improvement.
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]
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]
Government signs.
[Amended 8-6-2018 by L.L.
No. 2-2018]
The flag or insignia of any government or governmental
agency.
The flag of any civic, political, charitable,
religious, fraternal or similar organization, which is hung on a flagpole
or mast.
Religious or other seasonal holiday decorations
which do not contain commercial lettering, wording, designs, symbols
or other devices.
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 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]
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]
A sign which does not depend upon a building for its main
support.
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]
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]
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]
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]
Any emission into the open air from any source, except emissions
of uncontaminated water vapor.
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.
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]
An instrument standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
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.
Continuous earthborne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered "steady-state
vibrations."
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]
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.
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.
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.
Any change in the supporting members of a structure, including
but not limited to bearing walls, retaining walls, columns, beams
or girders.
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."
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.
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.
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]
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
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration, other than ear piercing.
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]
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
See "motel."
See "boardinghouse."
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.
See "mobile home."
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]
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.
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.
An electric unit substation, municipal pump station or water
tower, municipal garage, firehouse, telephone substation.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter.
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]
See "accessory building."[6]
[Added 7-20-2009 by L.L. No. 21-2009]
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.
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]
A rotary device that extracts energy from the wind.
[Added 11-2-2015 by L.L.
No. 6-2015]
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]
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]
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.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest line of the building.
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.
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."
