When used in this chapter, unless otherwise expressly stated, the
following words and terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A subordinate building the use of which is customarily incidental
to that of the principal use building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use.
ALLEY
A narrow service way providing a secondary means of access
to abutting properties.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exterior facilities; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
ANCILLARY PARKING AREA
A parking area which is located in a residential district
and is either across the street from or contiguous to the lot to be
served by the parking area.
ANIMAL HARBORING
The keeping of any number of horses, cattle, pigeons, fowl,
rabbits, sheep, goats, pigs or other customary farm animals; or bee
hives; or animals customarily kept in zoos; or the keeping of any
animals for sale or hire, except for the sale of animals in commercial
pet shops.
ANIMAL HOSPITAL
An establishment for temporary occupation by sick or injured
animals for the purpose of medical treatment.
APPEARANCE ENHANCEMENT SERVICES
Includes all of the following: barbering, cosmetology, esthetic
services, nail specialty, natural hair styling, tanning, tattooing
and waxing.
AQUIFER
A saturated, permeable geologic material capable of yielding
amounts of water sufficient for private and public use.
AREA, BUILDING
The area taken on a horizontal plane at the grade level of
the principal building or accessory building exclusive of uncovered
porches, terraces and steps.
AREA REGULATIONS
Those regulations which refer to dimensional or numerical
requirements in this chapter, such as, but not limited to, lot size,
lot width and depth, yard dimensions, floor area ratio, percentage
of lot coverage, percentage of impervious material, building height
and number of parking spaces, density and supplemental regulations
which refer to dimensional or numerical requirements.
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
BED-AND-BREAKFAST
A single-family dwelling occupied and used by the owner of
such dwelling as his principal residence and within which dwelling
unit there are not more than four accessory guest rooms the occupants
of which stay for not to exceed seven days and for whom a morning
meal is provided.
BUILDABLE AREA
The space remaining on a lot after the minimum open space
requirements (lot coverage; yards; setbacks) have been met.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity. Temporary structures such as tents
are not "buildings," but houses, garages, factories, barns, etc.,
are.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridges for gable,
hip and gambrel roofs
BUILDING LINE
The line parallel to the lot line beyond which a building
face cannot extend under the terms of this chapter. This face includes
sun parlors, enclosed porches and unenclosed porches projecting more
than 10 feet from the wall of the building but does not include steps.
BULK STORAGE
Materials stored in quantities which exceed New York State
petroleum (6 NYCRR Parts 611 - 614) or chemical (6 NYCRR Parts 595
- 599) bulk storage regulations and which are usually dispensed in
smaller units for use or consumption. (Quantity of material considered
"bulk" varies by material.)
CAMPER
Any construction used or arranged for temporary living or
sleeping purposes and mounted or attached on a vehicle and capable
of being removed from such vehicle.
CAMPING CABIN
A hard-sided tent or shelter less than 400 square feet in
area which is on skids or otherwise designated to be readily movable.
[Added 11-20-2018 by L.L.
No. 4-2018]
CAMPING TRAILER
Any vehicle used or arranged for temporary living or sleeping
purposes, mounted on wheels and drawn by a power-driven vehicle, or
such type of vehicle having its wheels removed.
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type
of portable shelter intended, designed and/or used for temporary human
occupancy.
[Added 11-20-2018 by L.L.
No. 4-2018]
CLUB
A not-for-profit organization catering to members and their
guests and not open to the general public. Clubs shall include lodges,
fraternal organizations, mutual-benefit societies and other like organizations.
CODE ENFORCEMENT OFFICER
An individual appointed by the Village Board of Trustees
for the purpose of handling the administration of this chapter.
COMMERCIAL INDOOR ENTERTAINMENT
Includes all uses which provide entertainment services partially
or wholly within an enclosed building. Such activities often have
operating hours which extend significantly later than most other commercial
uses. Such uses include recreation facilities, health and fitness
services and sports facilities. Restaurants and taverns are excluded
from this use category.
COMMERCIAL INDOOR LODGING
Includes uses which provide overnight housing, whether on
a residential or temporary basis, in individual rooms or suites of
rooms. Such uses include hotels, motels, boardinghouses and rooming
houses.
COMMUNITY FACILITIES
Public, semipublic, privately sponsored services and structures
operated for the benefit of a community.
CONTAMINATION
The degradation of natural water quality as a result of human
activities, to the extent that its usefulness is impaired.
CONTRACTOR'S SERVICES
Includes the business of the trades involved in the constructing,
remodeling, repairing and/or landscaping of buildings, structures
and lots.
CONVERSION
Changing of use or occupancy of a dwelling by alteration
or by other reorganization so as to increase the number of families
or dwelling units in a structure in accordance with the provisions
of the district in which it is located.
DAY CARE
The caring for three or more children or adults away from
their homes, except those which are licensed pursuant to § 390
of the Social Services Law.
DEICING CHLORIDE SALT
Any bulk quantities of chloride compounds and other deicing
compounds intended for application to roads, including mixtures of
sand and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. "Bulk quantities of chloride compounds"
means any quantity but does not include any chloride compounds in
a solid form which are packaged in waterproof bags or containers which
do not exceed 100 pounds each.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking
or release by any other means of a substance to the surface or subsurface
of the ground, surface waters or groundwater.
DWELLING
Any building or portion thereof designed or used exclusively
as a residence or sleeping place of one or more persons, including
a manufactured home. The term dwelling does not include recreational
vehicles (RVs), campers, camping units, camping cabins, camping trailers,
or tents as defined herein.
[Amended 11-20-2018 by L.L. No. 4-2018]
(2)
TWO-FAMILY DWELLINGTwo dwelling units on one lot, attached side by side or ceiling to floor, having one wall or floor in common, with yard area on all sides of the dwelling units.
(3)
MULTIFAMILY DWELLINGA freestanding residential building of three or more dwelling units, with common walls and floors and constructed on one lot or adjacent lots; it may or may not have indirect entrance from the outside to each dwelling unit; and yard area or open space may be assigned to each dwelling unit for exclusive use or common use.
EXTENDED-CARE MEDICAL FACILITIES
Includes hospitals, convalescent and nursing homes and all
other facilities which provide medical service treatment facilities
as well as overnight care and which operate 24 hours a day, seven
days a week.
FAMILY
One or more persons occupying the premises and living as
a single nonprofit housekeeping unit.
FENCE
A structure designed to separate one portion of land from
another. For the purposes of this chapter, "fence" shall also include
walls, screens or hedges.
FERTILIZER
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients from plants.
FINANCIAL INSTITUTIONS AND SERVICES
Includes banks, credit unions, security brokerage firms,
mortgage brokers, mortgage bankers and any other businesses which
offer similar services.
FRONT YARD DEPTH
The distance, in the front yard, between the street line
and the building line.
FUEL STATION
Any lot from which motor fuel is sold and which may include
a convenience store and/or motor vehicle services as an accessory
use. If such accessory uses are combined with the sale of fuel, the
use shall be treated as if it were solely the sale of fuel.
FUNERAL HOME
A structure used and occupied by a professional mortician
licensed by New York State for burial preparation and funeral services.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for profit, and which is used for storage, rental
or washing of automobiles or other motor vehicles.
HAZARDOUS MATERIAL
Any substance found listed in either 40 CFR Part 261, 40
CFR Part 302, or 6 NYCRR Part 371, alone or in combination, including
but not limited to petroleum products, organic chemical solvents,
heavy metal sludges, acids with a pH less than or equal to 2.0, alkalies
with a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity or EP toxicity.
HAZARDOUS WASTE
A waste, or combination of wastes, which is identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous waste, because of its quantity,
concentration or physical, chemical or infection characteristics,
poses a significant hazard to human health or safety if improperly
treated, stored, transported, disposed of or otherwise managed.
HERBICIDE
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any weed, and those substances
defined pursuant to Environmental Conservation Law § 33-0101.
HOME OCCUPATION
A commercial activity which is permitted by special use permit
and is conducted by the property owner at his residence and is not
so insubstantial or incidental nor is it so commonly associated with
the residential use as to be regarded as a residential accessory use,
but nevertheless such commercial activities can be conducted without
any significant adverse impact on the surrounding neighborhood.
IMPERVIOUS SURFACE
Material which does not permit the natural absorption and
permeation of rain or other surface water.
JUNKYARD
The outdoor storage, sale, recycling or dismantling of discarded
machinery, equipment, paper, rags, scrap and similar material.
KENNEL
An area or structure used for the boarding, training, breeding
or raising of more than three dogs or cats that are more than six
months old.
LOT
A designated parcel, tract or area of land created by conveyance,
subdivision or eminent domain and which has a unique Tax Map number.
LOT COVERAGE
That percentage of the plot or lot or lot area covered by
the uses, buildings, structures, parking and active recreation.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The mean width measured at right angles to the lot depth.
MANUFACTURED HOME
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as a detached single-family residence
and which is intended to be occupied as permanent living quarters.
MANUFACTURED HOME PARK
Land which has been planned and improved for the placement
of two or more manufactured homes.
MIXED-USE DWELLING
A building designed as a dwelling combined with the other
uses permitted in the district in which it is located.
MOTOR HOME
Any self-propelled vehicle designed for or used as temporary
or permanent living accommodations.
MOTOR VEHICLE SERVICES
Includes motor vehicle repair shops, car washes and auto
detailing; however, all such activities must be conducted within a
building. Such a use does not include the sale of fuel.
NONCONFORMING BUILDING
Any building which contains a use permitted in the district
in which it is located but which does not conform to the district
regulations for lot area, width, or depth; front, side or rear yards;
maximum height; lot coverage; minimum habitable area per dwelling
unit; off-street parking or loading; or landscaping, screening or
fencing requirements.
NONCONFORMING LOT
A lot existing at the time of enactment of this chapter,
or any amendment thereto, which does not conform to the area (bulk)
regulations of the district or zone in which it is situated.
NONCONFORMING STRUCTURE
A structure lawfully existing at the time of enactment of
this chapter, or any amendment thereto affecting such structure, which
does not conform to the bulk regulations of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
NONCONFORMING USE
Any use of a structure, lot or land or part thereof lawfully
existing at the time of the enactment of this chapter, or any amendment
thereto affecting such use, which does not conform to the use regulations
prescribed in this chapter for the district in which it is situated.
ON-SITE CONSUMPTION (petroleum)
The use of petroleum to heat or cool a residential or nonresidential
structure or to operate machinery necessary for agricultural activities.
On-site consumption does not include the on-site use of petroleum
for processing or manufacturing activities or the sale or distribution
of petroleum for or into vehicles, except vehicles used for agricultural
operation on that site.
OUTDOOR WOOD BOILER
Any equipment, device, appliance or apparatus, or any part
thereof, which is installed, affixed or situated outdoors for the
primary purpose of combustion of fuel to produce heat or energy used
as a component of a heating system providing heat for any interior
space or water source. An outdoor wood boiler may also be referred
to as an outdoor wood furnace or outdoor wood-fired hydronic heater.
PARKING SPACE
The space available for the parking of one motor vehicle.
PERFORMANCE STANDARD
A criterion established to control noise, odor, dust, dirt,
vibration, noxious gases, glare, smoke, water pollution and explosive
hazards or visual pollution generated by or inherent in the use of
land or buildings.
PERSONAL AND PROFESSIONAL SERVICES
Includes uses whose primary function is the provision of
services directly to an individual. Such uses include all licensed
and unlicensed professional overnight care. Excluded from this use
category are persons who are engaged in the business of appearance
enhancement as defined hereinabove.
PESTICIDE
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant,
or desiccant, and those substances defined pursuant to Environmental
Conservation Law § 17-0105.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, rerefined or otherwise
processed for the purpose of:
(1)
Being burned to produce heat or energy;
(2)
Being used as a motor fuel or lubricant; or
(3)
Being used in the operation of hydraulic equipment.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
material which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
REAR YARD DEPTH
The distance between the rear lot boundary and the principal
building nearest such lot line.
RECREATIONAL VEHICLE (RV)
A vehicular camping unit used or designed to be used for
recreational travel and temporary living and/or sleeping purposes
that either has its own motor or is designed to be mounted on or towed
by another vehicle, including motor homes, truck campers, camping
trailers, campers, travel trailers, pop-up trailers, tent trailers,
park model trailers, and overnight trailers.
[Added 11-20-2018 by L.L.
No. 4-2018]
REFUSE
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.
RESTAURANT and TAVERN
Include all facilities from which prepared food and alcoholic
beverages are offered for sale to the public, regardless of what other
use may be occurring on the lot.
RUMMAGE SALE
The sale or offering for sale of used or secondhand merchandise
by any individual, group or organization to the general public on
a temporary basis.
SCREENING
A permanent barrier, including but not limited to fences,
bushes or trees or other natural and/or artificial material, at least
four feet high which obscures the visual character of any given building
or use of land.
SEASONAL HOME
A dwelling unit permanently affixed to the land intended
for occupancy only during certain seasons of the year, principally
for recreational use by the owner, including beach cottages, hunting
cabins, vacation cottages, summer cottages, and vacation lodges. The
term dwelling does not include recreational vehicles (RVs), campers,
camping units, camping cabins, camping trailers, or tents or any other
mobile or temporary vehicle or structure used as or intended as a
living quarters.
[Added 11-20-2018 by L.L.
No. 4-2018]
SEPTAGE
The contents of a septic tank, cesspool or other individual
wastewater treatment work which receives domestic sewage wastes.
SETBACK
The distance between a lot line and principal or accessory
structure as required by this chapter.
SHOPPING CENTER
A lot used for four or more commercial-use units, attached
or detached, which relate to a common parking area and common points
of ingress or egress and common circulation pattern.
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to any object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or project images. "Sign" does not include the
flag or emblem of any nation, organization of nations; state or city;
or signage for any fraternal, religious, educational or civic organizations;
merchandise, pictures or models of products or services incorporated
in a window display, works of art which in no way identifies the business
or a product; or scoreboards located on athletic fields; official
notices issued by any court or public office or officer in the performance
of a public or official duty; and traffic controls signs as defined
in the New York State Vehicle and Traffic Law. For the purpose of
removal, "signs" shall also include all sign structures.
(2)
GROUND SIGNA sign which is supported by one or more uprights or braces in or upon the ground.
(3)
MARQUEE SIGNA sign attached to or hung from a marquee. "Marquee" means a canopy or similar structure projecting from a building.
(4)
OFF-PREMISES ADVERTISING SIGNSA sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which such sign is located and which is sold, offered or conducted on such premises only incidentally, if at all. This term shall include what are commonly termed "billboards" and similar advertising panels.
(5)
PORTABLE SIGNA sign that is not permanently affixed to a building, a structure or the ground; A-frame style, freestanding sandwich board signs.
(6)
PROJECTING SIGNA sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof, the structure, the building line or the property line more than 15 inches horizontally and no portion of which projects above the roofline or parapet of a building.
(7)
ROOF SIGNAny sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
(8)
TEMPORARY SIGNA sign designed exclusively to inform the general public of a fund-raising campaign, political campaign, social event, annual festivity, garage sale or related enterprise of a temporary nature. Such signs shall be confined to the site of the event or office of the sponsor and shall be removed immediately after the termination of such event or sale.
(9)
WALL SIGNA sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from the building or structure.
SIGN MAINTENANCE
Routine maintenance, including minor repairs, such as repainting,
bulb replacement and repair of electrical or mechanical parts.
SITE PLAN
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article
XI, which shows the arrangement, layout and design of the proposed use of a single parcel of lands shown on said plan.
SLUDGE
The solid, semisolid or liquid waste generated from a waste-processing
facility, but not including the liquid stream of effluent.
SOLID WASTE
Any garbage, refuse or sludge from a wastewater treatment
plant, water supply treatment plant or air pollution control facility
and other discarded materials, including solid, liquid, semisolid
or contained gaseous material resulting form industrial, commercial,
mining and agricultural operations and from community activities.
STREET LINE
Limit of street or highway right-of-way line. For the purpose
of this chapter, "street line" shall be the highway right-of-way line,
whether or not set forth in a deed or shown on a map, defining the
corridors for vehicular and pedestrian traffic used by the general
public.
STRUCTURE
Anything constructed or erected above or below grade with
a fixed location on the ground or which is attached to something located
on the ground. Among other things, structures include buildings, manufactured
homes, swimming pools, walls, fences, signs, billboards, and poster
panels. A parking lot however, is not considered a structure.
STRUCTURE, ACCESSORY
A structure designed to accommodate an accessory use but
detached from the principal structure, such as a garage for vehicles
accessory to the principal use, a freestanding storage shed, garden
house or similar facility. An accessory structure attached or contained
within a principal structure shall be considered part of the principal
structure.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or recreational bathing and constructed, installed or maintained
in or above the ground. A swimming pool shall be deemed a structure
for all purposes under the provisions of this chapter.
TENT
A portable shelter made of cloth, canvas, plastic, or similar
material, supported by one or more poles or frame and often secured
of ropes, cords or other devices attached to pegs or stakes driven
into the ground.
[Added 11-20-2018 by L.L.
No. 4-2018]
TOXIC MATERIAL
Any compound or material which is, or may be, harmful to
human health as defined by § 4801, Subdivision 2, of the
New York State Public Health Law.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
UTILITY TRAILER
A small trailer, with or without sides or roof, designed
for transporting various objects.
WATER TABLE
The surface below which all pores in the soil are saturated
and fully filled with water.
YARD
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this chapter.
YARD, FRONT
The open space extending the full width of the lot from the
front lot line parallel to the part of the principal building which
is nearest to such front lot line.
YARD, REAR
An open space extended across the entire width of the lot
from the rear lot line parallel to the part of the principal building
which is nearest to such rear lot line, unoccupied except for accessory
building and open porches.
YARD, SIDE
An open space on the same lot with a principal building between
the principal building and the side line of the lot, extending through
from the front yard to the rear yard, into which space there shall
be no extension of building parts other than two feet from rainwater
leaders, window sills and other such fixtures and open steps.