As used in this chapter, the following words shall have these meanings:
Use of building or structure customarily incidental and subordinate to principal use or building, and located on the same lot.
Land containing at least two acres which is used for raising livestock or agricultural products; including farm structures and storage of agricultural equipment; riding and boarding stables; and as an accessory use, sale of agricultural products raised on the property.
Structural change, rearrangement, change of location, or addition to a building, other than repairs and modification in building equipment.
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication services (PCS) and microwave.
[Added 9-29-1997 by L.L. No. 3-1997]
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year; the area designated as Zone A on the Federal Hazard Boundary Map (FHBM).
That portion of a building wholly or partly underground, which extends no more than four feet above the adjoining finished grade. The word "basement" includes the word "cellar."
Owner-occupied dwelling wherein more than three people are sheltered for profit.
A continuous strip of trees and/or shrubs not less than 15 feet in depth and not less than six feet in height densely planted to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, smoke, noise or other noxious or objectionable elements. This requirement may be modified by the Planning Board.
Structure having a roof supported by columns or walls and intended for shelter or enclosure of persons, personal property, animals or equipment.
Vertical distance measured from average elevation of finished grade at front of building to highest point of roof for flat and mansard roofs, and to average height between eaves and ridge for other roofs. Nothing herein contained shall be interpreted to limit or restrict height of silos, church spires, cupolas, bell, clock, fire and observation towers, and essential public utility structures.
Line parallel to front lot line transecting that point in the building face which is closest to front lot line. This face includes porches but does not include steps.
Distance measured across width of lot at required building line.
A subordinate structure, subordinate to the main structure on the lot and used for purposes customarily incidental to that of said main structure.
A certificate issued by the Zoning Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter only and such adjustment thereto granted by the Board of Appeals.
Building or use catering exclusively to club members and their guests, and not operated primarily for profit. Includes YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs.
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles, and similar structures which do or which do not employ camouflage technology; but excludes those used exclusively for either fire, police or other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar communications.
[Added 9-29-1997 by L.L. No. 3-1997]
Meeting hall, place of assembly, museum, art gallery, library, not operated primarily for profit.
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
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, which would lead to increased flood damage, excluding normal maintenance to farm roads.
Building or use where a product is sold to, or a service performed for customers while they are in or near their motor vehicle.
Building or part thereof used as living quarters for one family. The terms "dwelling," "one-family dwelling," "two-family dwelling," or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse, tourist home, mobile home, camp or similar structure, but shall include earth-sheltered dwellings.
Building used as living quarters by three or more families living independently of each other.
Detached building used as living quarters by one family.
Building used as living quarters by two families living independently of each other, with separate bath and kitchen facilities for each family.
A structure which utilizes earth to shelter the structure from extreme fluctuations in temperature, wind, and air infiltration. The structure may be completely below the original grade, totally above the original grade with earth bermed around the exterior walls, or partially below and partially above the original grade such as with placement in the side of a hill. An earth-sheltered dwelling has at least two distinct means of egress. An earth-sheltered dwelling is distinguishable from a basement being used as a dwelling chiefly in terms of design function. An earth-sheltered dwelling is designed, and appears to be designed, as the final structure just as it stands. A basement is designed, and appears to be designed, as a foundation for a superstructure placed upon it. These distinctions are most noticeable by comparing:
The position of the structure with respect to final grade;
The manner in which lighting and ventilation are provided;
The design strength of the walls and roofs; and
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
[Amended 6-12-1989 by L.L. No. 3-1989]
A building on the premises of an operating farm used for the repair of farm equipment and other vehicles necessary to an agricultural community.
[Added 6-24-1985 by L.L. No. 3-1985]
The flood having a 1% chance of being equaled or exceeded in any given year.
An official map of a community issued by the Federal Insurance Administration where the boundaries of the flood and mudslide-related erosion areas having special hazards has been designated as Zone A.
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 to the unusual and rapid accumulation of or runoff of surface waters from any source.
That area of the municipality identified on the Flood Hazard Boundary Map as being subject to flood and/or mudslide hazards, which area is delineated on the Zoning Map, and for which special floodplain management requirements and criteria are enumerated herein.
Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, utilities, structures, and contents of buildings.
The floor area within surrounding walls of a building or portion thereof.
Lowest level including basement, crawl space, or garage of lowest enclosed area.
The extent of a building or a lot along one public street as defined herein.
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit herein nor space therein for more than one car is leased to a nonresident of the premises.
Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, adjusting or equipping of automobiles or other motor vehicles.
Building or land used for sale of motor fuel, oil and motor vehicle accessories, and which may include facilities for lubricating, washing or servicing vehicles, but not including painting or body repairs.
A gasoline station which provides a second commercial service such as a restaurant, dairy bar, beverage market or food market.
Space occupied by one or more persons for living, sleeping, eating or cooking. Habitable floor area shall have a minimum height of seven feet six inches and the area where the height is less than five feet shall not be considered in computing required floor area.
An occupation or profession which:
Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; and
Is carried on by a member of the immediate family residing in the dwelling unit; and
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
Which conforms to the following additional conditions:
The occupation or profession is carried on wholly within the principal building or within a building or other structure accessory thereto.
No more than two persons outside the immediate family are employed in the home occupation.
There is no exterior display, no exterior sign, larger than two square feet, no exterior storage of materials and no exterior indication of the home occupation or variations of the residential character of the principal buildings.
No offensive noise, vibration, smoke, dust, odors, heat or glare is produced, nor does the home occupation result in:
Dissemination of noise, vibration, odor, dust, smoke, observable gas or fumes, or other atmospheric pollutant beyond the boundaries of the immediate site of the building in which such use is conducted;
Hazard or fire explosion or other physical hazard to any person, building or vegetation;
Radiation or interferences with radio or television reception beyond the boundaries of the immediate site of the building in which such use is conducted, or the testing of material or instruments in such manner as to constitute a public nuisance.
In particular, a home occupation may include, but is not limited to the following: art studio, dress making, barber shops and beauty parlors (when limited to two work stations), cook, day nursing, draftsman, dress maker, electrical/radio/television repair, furniture refinisher, laundering, musician, photographer, professional office of a physician, dentist, lawyer, engineer, architect or accounting within a dwelling occupied by the same, upholsterer, teaching or tutoring, real estate offices.
However, a home occupation shall not be interpreted to include the following: Motor vehicle repair shop, machine shop, welding and fabrication shop, commercial stables and kennels, restaurants.
Hospital, sanitarium, clinic, rest home, nursing home, convalescent home, home for aged, and any place for diagnosis and treatment of human ailments, except a doctor's office.
An establishment for the medical and/or surgical care of sick or injured animals.
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 may be provided within the building or in an accessory building.
Land used for collecting, storage or sale of wastepaper, rags, scrap metal, or discarded material, or for collecting, wrecking, dismantling, storage, salvaging or sale of machinery parts of vehicles not in running condition. Two or more vehicles not enclosed within a building not in running condition and/or no longer intended or in condition for legal use on a public highway shall constitute a junkyard. Junkyards are prohibited in the Town of Bergen.
Building or land used for harboring four or more dogs over six months old.
Off-street space at least 12 feet wide by 40 feet long used for temporary location of one licensed motor vehicle. Such space shall have access to a street or alley.
Land occupied or which may be occupied by a building and its accessory uses, together with required open spaces, having not less than minimum area, width and depth required for a lot in the district in which such land is situated; and having frontage on a street, or other means of access as may be determined by the Planning Board to be adequate as a condition for issuance of a zoning permit.
[Amended 6-24-1985 by L.L. No. 3-1985]
Total area within property lines, excluding any part thereof lying with the boundaries of a street right-of-way or proposed street right-of-way.
A lot located at the junction of and fronting on two or more intersecting streets. (Also see definition of "lot line, front.")
Mean horizontal distance from street right-of-way line of the lot to its opposite rear line measured at right angles to building line.
In the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
The lot line which is generally opposite the front lot 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 a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line to the rear lot line. In the case of a corner lot, the two lot lines which are not front lot lines shall be deemed to be side lot lines.
[Amended 6-12-1989 by L.L. No. 3-1989]
The horizontal distance between the side lot lines, measured at right angles to the lot depth.
The lowest level including basement, crawl space, or garage of lowest enclosed area.
A structure, transportable in one or more sections, which is at least 600 square feet in size, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Recreational vehicles or travel trailers are not included in this definition.
A parcel of land under single ownership which has been improved for the rental or lease of two or more lots and the provision of services for mobile homes for nontransient residential use.
A parcel of land under single ownership in which a single lot or lots are developed and eventually sold by the landowner to persons for the placement of a mobile home.
A building used for repair and servicing of motor vehicles.
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which was lawful under preceding ordinances or laws at the time the use was established, or if established before April 10, 1962, was lawful before such date and in either event has not been extended after becoming a nonconforming use.
Person or persons holding legal or equitable title to the property.
An off-street space available for the parking of one motor vehicle on a transient basis and having a width of 10 feet and an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
That board appointed by the Town Board, specifically to hear all requests for special use permits, subdivisions and site plans.
[Added 2-24-1997 by L.L. No. 2-1997]
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale, as an individual operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a zoning permit has been made.
[Amended 6-24-1985 by L.L. No. 3-1985]
Includes bowling alley, theater, table tennis, and pool hall, skating rink, gymnasium, swimming pool, hobby workshop, and similar places of indoor recreation.
Includes golf courses, golf driving range, trap, skeet, and archery range, swimming pool, skating rink, riding stable, tennis court, recreation stadium, skiing facility, hunting preserve, and similar places of outdoor recreation.
Church, temple, parish house, convent, seminary and retreat house.
One-family dwelling, two-family dwelling, multiple-family dwelling or mobile home.
Enclosed store for sale of retail goods, personal service shop, department store and restaurant; shall exclude any drive-in service, freestanding retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service.
Parochial, private and public school, college, university and accessory uses; and shall exclude commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
Any structure or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. A sign includes any billboard, but does not include the flag, pennant, or insignia of any nation, or group of nations, or of any state, city or other political unit or of any political, education, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, a sign as designed herein shall not include a similar structure or device located within a building.
A "business sign" is a sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "For Sale" or "To Let" sign relating to the lot on which it is displayed shall be deemed a "business sign".
An "advertising sign" is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
An "illuminated sign" is any sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
A "flashing sign" is an "illuminated sign" on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
A specifically designed use that would not be appropriate generally or without restrictions throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
An authorization of a particular land use which is permitted in this chapter, subject to requirements imposed herein to assure that the proposed use is in harmony with the Zoning Law and will not affect the neighborhood if such requirements are met.
[Added 2-24-1997 by L.L. No. 2-1997]
Any building in which livestock are kept.
Public way for vehicular traffic which affords principal means of access to abutting properties.
Right-of-way line of a street as dedicated by a deed of record. If no such deed exists, then by any other record establishing such right-of-way line of a street. Where street width is not established, the street line shall be considered to be 30 feet from the center line of pavement.
[Amended 6-24-1985 by L.L. No. 3-1985]
A combination of materials to form a construction for use, occupancy or ornamentation, including but not limited to, building, mobile home, towers or gas or liquid storage tanks, that are principally above ground.
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.
A body of water or receptacle for water having a depth greater than one foot, used for swimming, and shall exclude portable plastic pools designed to hold less than 3,000 gallons.
Owner-occupied dwelling in which overnight accommodation is provided for transient guests for profit.
Vehicle capable of being used as seasonal sleeping or living quarters, not exceeding 450 square feet in floor area, whether self-propelled or towed, or a camper body mounted on a motor vehicle. "Trailer" shall also include any vehicle which may be towed and used for carrying goods, equipment, machinery, or recreation vehicles, or as a site office.
Any person, firm, corporation or governmental subdivision, duly authorized to furnish to the public, under public regulation, electricity, gas, water, sanitary sewers, storm sewers, steam, telephone, telegraph or cable television or telecommunications.
[Added 2-24-1997 by L.L. No. 2-1997]
An open space on the same lot with a building or group of buildings, which open space lies between the buildings or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. 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 a building or the point of a group 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 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 such yards, to the front and rear lot line, as the case may be.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. (See "lot line, front.")
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.
That board appointed by the Town Board specifically to hear all appeals as provided by these regulations.