A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Doubts as to the precise meaning of any words used in this chapter shall be clarified by the Board of Appeals under its power of interpretation.
B. 
Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by words "or intended, arranged or designed to be used or occupied."
C. 
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]
CHURCH OR PLACE OF WORSHIP
Any structure used for worship or religious instruction and administrative rooms accessory thereto.
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]
(1) 
SINGLE-FAMILY DWELLINGA dwelling designed for occupancy by one family.
(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.
GROUNDWATER PROTECTION OVERLAY DISTRICT MAP
The official map adopted by the Village of McGraw delineating where protection of groundwater resources is essential for public water supply sources.
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.
(1) 
ANIMATED SIGNAny sign which includes movement of light or text.
(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.
TEMPORARY STORAGE FACILITY
A portable, accessory structure intended for use as storage for not to exceed four months.
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.
ZONE OF CONTRIBUTION
Those land areas which supply groundwater to a public supply well(s).