Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. 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 the words "or intended, arranged or designed to be used or occupied";
the word "person" includes a corporation or partnership, as well as
an individual.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure customarily incidental and subordinate
to the principal use of the principal building, buildings or use and
located on the same lot with such principal building, buildings or
use.
AGRICULTURAL OPERATION
The raising for compensation of crops and agricultural or
dairy products. The term does not include the operation of a hog farm,
fur farm, riding academy, livery, boarding stable, dog kennel or the
keeping of any livestock whatsoever, except for a normal household
pet, and no such use shall be permitted within the Village.
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
topographical requirements of the applicable zoning regulations.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
BUILDING, ACCESSORY
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
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 deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CAMPGROUND, COMMERCIAL
Accommodations provided to the public for a fee, which include
such facilities as permanent or temporary structures for living purposes
or sites tailored for handling recreational vehicles of a short-term
duration, not exceeding six months per year, recreational activity
areas and structures, water sewage and waste disposal systems meeting
Department of Environmental Conservation and County Health Department
standards, off-street parking areas, etc.
CAMPGROUND, PRIVATE
The same as a commercial campground, except that it is not
intended for general public use. No fee is charged, and water and
sewerage facilities must meet the same requirements as for residential
uses.
DOG KENNEL
A structure used for the harboring of more than three dogs
that are more than six months old.
DWELLING
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling" or "dwelling group" shall not be deemed to include an automobile
court, rooming house or tourist home.
A.
DWELLING, MULTIPLE-FAMILYA building or portion thereof designed for year-round occupancy, containing separate dwelling units for three or more families living independently of each other, other than hotels, motels, rooming houses and communes.
C.
DWELLING, TWO-FAMILYA detached building designed for year-round occupancy by two families only, other than a mobile home, recreational vehicle, camp or any temporary structure.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
FAMILY
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit; or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
FARM
Any parcel of land containing at least five acres which is
used for an agricultural operation.
FENCE
Any structure, regardless of composition, including a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or dividing a piece of land into distinct portions.
FENCE HEIGHT
The distance measured from the existing grade to the top
of the fence.
[Amended 12-19-2006 by L.L. No. 1-2006]
FRONT YARD
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered a front yard
for the purposes of this chapter. However, this definition shall specifically
not apply for purposes of swimming pool protection.
GARAGE, PUBLIC
A building or part thereof used primarily for the storage,
hiring, selling, greasing, washing, servicing or repair of motor-driven
vehicles, operated for gain, but not including any unregistered or
unlicensed vehicle.
GASOLINE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means nor the storage of any unlicensed or
unregistered vehicles.
HOME OCCUPATION
An accessory use of a service character customarily 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 have any exterior evidence of such secondary
use other than a small nameplate and in connection therewith there
is not involved the keeping of a stock-in-trade. The office of a physician,
surgeon, dentist or lawyer, engineer, architect, accountant, city
planner or other professional person, including an instructor in violin,
piano or other individual musical instrument, limited to a single
pupil at a time, who offers skilled services to clients and is not
professionally engaged in the purchase or sale of economic goods,
shall be deemed to be a home occupation; and the occupations of dressmaker,
milliner or seamstress, each with not more than one paid assistant,
shall be deemed to be home occupations. Dancing instruction, band
instrument instruction in groups, tourist homes, animal hospital,
convalescent homes, mortuary establishments and stores, trades or
business of any kind herein excepted shall not be deemed to be a home
occupation.
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include a sanitarium, sanatorium, preventorium, clinic,
rest home, nursing home, convalescent home and any other place for
the diagnosis, treatment or other care of ailments and shall be deemed
to be limited to places for the diagnosis, treatment or other care
of human ailments.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
sick or injured animals.
HOTEL
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
JUNKYARD
A lot, land or structure or part thereof used for the collection,
storage and/or sale of wastepaper, rags, scrap metal or discarded
material; or for the collection, dismantling, storage and salvaging
of machinery or vehicles and for the sale of the parts thereof. It
shall mean any place of storage or deposit, whether in connection
with another business or not, where one or more unregistered, unlicensed,
old or secondhand motor vehicles, no longer intended or in condition
for legal use on the public highways, are held, whether for the purpose
of resale of used parts therefrom or reclaiming for use some or all
of the materials therein, whether metal, glass, fabric or otherwise;
or disposing of the same or for any other purpose. Such term shall
include any place of storage or deposit for any such purposes of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk one or more such vehicles.
LOADING SPACE
An off-street space in addition to parking requirements available
for loading and unloading, which shall be paved and have proper access
and shall be a minimum of 12 feet in width, 45 feet in length and
14 feet in height.
LOT
A portion or parcel of land occupied or capable of being
occupied by one building or a group of buildings and the accessory
buildings or uses customarily incidental to it, including such open
spaces as are required by this chapter.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH OF
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
LOT LINE, FRONT
The lot line adjoining any street or highway right-of-way
line. If a lot adjoins two or more streets or highways, it shall be
deemed to have a front lot line respectively on each. Where the property
line of a lot extends into the roadbed, said lot line shall be considered
to be at the rear edge of the roadbed at the right-of-way line as
if a sixty-foot right-of-way is existing as measured from the center
of the roadbed or as otherwise designated by the Village Engineer.
LOT, WIDTH OF
The mean width measured at right angles to its depth.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet or more in width or forty
body feet or more in length or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems contained therein; except
that such term shall include a "mobile home" as defined in Subsection
B of the definition of "mobile home," and shall include a structure
which meets all the requirements of this subdivision except the size
requirements and with respect to which the manufacturer voluntarily
files a certification required by the Secretary of Housing and Urban
Development.
[Added 12-19-2006 by L.L. No. 1-2006]
MOBILE HOME
A.
A portable structure designed to be transported
on its own wheels, 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 containing sleep accommodations,
flush toilet, tub or shower, kitchen facilities and plumbing and electrical
connection for attachment of outside systems. The definition of a
mobile home includes all additions used subsequent to the installation
of the principal structure. This definition does include double-wide
manufactured homes but does not include modular housing placed on
a standard foundation or travel trailers.
B.
A movable or portable unit, manufactured prior
to January 1, 1976, designed and constructed to be towed on its own
chassis, comprised of frame and wheels, connected to utilities, and
designed and constructed without a permanent foundation for year-round
living. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity as well as two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing. "Mobile home" shall
mean units designed to be used exclusively for residential purposes,
excluding travel trailers.
[Amended 12-19-2006 by L.L. No. 1-2006]
MOBILE HOME PARK
Any site, lot, field or plot, parcel or tract of land upon
which two or more mobile homes are parked or located and for which
said premises and/or the mobile homes thereon are offered to the public
or any person for a fee or service.
MOBILE HOME SUBDIVISION
A parcel of land which has been improved for sale by subdivision
for the placement of mobile homes for nontransient use.
NONCONFORMING USE
Any lawful building or structure or any lawful use of land,
premises, building or structure which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located either at the effective date of this chapter or
as a result of subsequent amendments thereto.
[Amended 12-19-2006 by L.L. No. 1-2006]
NOXIOUS USE
Any use which is noxious, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas, fumes, noise
or vibration. The term includes the operation of a hog farm, a fur
farm, slaughtering house or rendering works.
OUTDOOR POOL
A swimming pool, tank or man-made depression or excavation
in any material, dike or berm constructed, erected, excavated or maintained
which will cause the retaining of water to a greater depth than three
feet and having a plane surface area of water greater than 250 square
feet, except such as shall hereinafter be excluded. The word "pool"
shall be construed to mean "outdoor pool."
OUTDOOR POOL, COMMERCIAL
An outdoor pool as defined above for the exclusive use of
more than three families or for which admission is charged, including
a private swim club, a private membership club or other similar group
organization, formal or informal, whether or not admission is charged.
[Amended 12-19-2006 by L.L. No. 1-2006]
OUTDOOR POOL, PRIVATE
An outdoor pool as defined above for the exclusive use of
fewer than four families.
[Amended 12-19-2006 by L.L. No. 1-2006]
PARKING LOT
An automobile parking lot with an area sufficient to hold
at least 10 vehicles and an open driveway for all of such vehicles
to enter and leave such area and which vehicles must be in a running
condition and can be driven at any time under their own power; but
specifically prohibiting used car lots for the sale of motor vehicles.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of passageway and accesses thereto and having direct access to a street
or highway.
PLOT
A map, plan or layout of the Village or a section or subdivision
thereof indicating the location and boundaries of individual properties
and streets.
PROPRIETARY IDENTIFICATION SIGN
A sign bearing only the name, trade name or trademark of
the proprietor and/or proprietors of the business being conducted
on the premises upon which said sign is placed or erected.
PUBLIC SPACE
Space within a residential building for public use, such
as lobbies, lounges, reception, ball-, meeting, lecture and recreation
rooms, banquet and dining rooms and their kitchens and swimming pools.
REAR YARD
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
RECREATIONAL VEHICLE
A mobile recreational unit including travel trailer, pickup,
camper, converted bus, tent-trailer, camper trailer, tent or similar
device used for temporary portable housing.
ROADSIDE STAND
A structure where products grown on the premises may be purchased.
SIDE YARD
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of side yard shall be measured horizontally from the nearest point
of the side lot line to the nearest part of any building.
[Amended 12-19-2006 by L.L. No. 1-2006]
SIGN
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any government or
governmental agency or of any civic, charitable, religious, patriotic,
fraternal or similar organization.
STREET
A public or private way which affords the principal means
of access to abutting properties.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
YARD
The open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed except where accessory structures are permitted under
this chapter.
[Amended 12-19-2006 by L.L. No. 1-2006]