As used in this chapter, the following words shall have these meanings:
ACCESSORY USE OR BUILDINGA use or building customarily incidental and subordinate to principal use or building and located on the same lot.
ADULT DAY CAREA specially permitted commercial use conducted by the owner-occupant of a residential dwelling by which a limited number of adults are provided with nonmedical services for a limited period of time during any given day, the hours of which are controlled by the permit for the use. The use shall be secondary to the primary use of the dwelling as the residence of the owner-occupant. The use shall not change the character of the dwelling as a residence. With the exception of a single sign, there shall be no exterior evidence of such use. The use may only include custodial care, companionship, support and supervision of adults for a limited period each day, thereby providing relief to the adults’ primary caregivers.
[Added 2-2-2009 by L.L. No. 4-2009]
AGRICULTURAL USELand 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.
ALTERATIONStructural change, rearrangement, change of location or addition to a building, other than repairs and modification in building equipment.
BACHELOR APARTMENTA dwelling unit with provisions for maximum of one bedroom, maximum occupancy of two persons. The same shall include studio apartments which are maximum of two rooms per unit. The average population density permitted will not be inconsistent or incompatible with that of the surrounding neighborhood.
BASEMENTA story partly underground. A "basement" shall be counted as a story if vertical distance between basement ceiling and average grade level of adjoining ground is more than six feet.
BOARDINGHOUSEAn owner-occupied dwelling wherein more than three people are sheltered for profit.
BUILDINGA structure having a roof supported by columns or walls and intended for shelter or enclosure of persons, animals or chattels.
BUILDING AREAThe total areas taken on a horizontal plant at main finished grade level of principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING FRONT LINEThe line parallel to front lot line transecting that point in building face which is closest to front lot line. This face includes porches but does not include steps.
BUILDING HEIGHTThe vertical distance measured from average elevation of proposed 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 types of roofs.
CAMPLand on which are located one or more cabins, trailers, shelters, houseboats or other accommodation for seasonal or temporary living purposes, excluding mobile homes.
CLUBA building or use catering exclusively to club members and their guests for recreational purposes, and not operated for profit. Includes YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs which may have dormitory accommodations.
COMMUNITY CENTERA meeting hall, place of assembly, museum, art gallery or library not operated primarily for profit.
COVERAGEThat percentage of lot area covered by building and/or structure area, excluding swimming pools.
[Amended 6-9-1977 by L.L. No. 2-1977]
DRIVE-IN SERVICEA building or use where a product is sold to or a service performed for customers while they are in or near their motor vehicle.
DUMPLand use for disposal by abandonment, dumping, burial, burning or any other means of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING, TWO-FAMILYA building used as living quarters by two families living independently of each other.
DWELLING UNITA 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.
FAMILYOne or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such single housekeeping unit shall contain more than five unrelated members.
FARM BREWERYA facility licensed by the New York State Liquor Authority as a "farm brewery." A farm brewery is limited to a production of no more than 75,000 finished barrels annually.
[Added 4-17-2023 by L.L. No. 3-2023]
FENCEA barrier forming a boundary to or enclosing some area, constructed of two posts with railings, boards or wire in between.
[Added 5-3-1999 by L.L. No. 4-1999]
FLOOD OR FLOODINGA general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of streams or other inland areas of water or abnormally high water resulting from severe storms or hurricanes.
FLOODPLAIN MANAGEMENTThe operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and land use and control measures.
FLOODPROOFINGAny 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, structures and contents of buildings.
FLOODWAYThe channel of a watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
GASOLINE STATIONA 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.
GOOD SIDEThat part of the fence that is considered the finished side which does not include the structural members. (For this definition, a chain link fence has two good sides).
[Added 5-3-1999 by L.L. No. 4-1999]
HOME OCCUPATIONThe accessory use of a service character conducted within a dwelling by residents thereof, which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use and which conforms to the following additional conditions. Home occupation shall be carried on wholly within the principal or accessory building. No person outside the family shall be employed. There shall be no exterior storage of materials used in the occupation. "Home occupation" includes antique sales, babysitting, cooking, drafting, dressmaking, furniture refinishing, laundering, upholstering, art, photography and electrical, radio and television repair. "Home occupation" shall not include a barbershop, beauty parlor, animal hospital, commercial stable or kennel, convalescent home, mortuary, music or dancing instruction to groups, restaurant, garage or repair of motor vehicles, and other trades and businesses of similar nature.
HOSPITALA sanitarium, clinic, rest home, nursing home, convalescent home, home for aged and any other place for diagnosis and treatment of human ailments.
JUNKYARDLand or building used for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material, or for collecting, wrecking, dismantling, storing, salvaging or sale of machinery parts or vehicles not in running condition.
KENNELLand or building used for harboring four or more dogs over six months old.
LOADING SPACEOff-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.
LOTLand occupied or which may be occupied by a building and its accessory uses, together with such open spaces as are required, 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 of issuance of a building permit for a building.
LOT AREATotal area within property lines, excluding any part thereof lying within the boundaries of a street or proposed street.
LOT, CORNERLot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a "corner lot" if tangents to the curve at points of intersection of side lot lines intersect at an interior angle of less than 135°.
LOT DEPTHHorizontal distance from street line of the lot to its opposite rear line, measured at right angles to the building front line.
MICROBREWERYA facility licensed by the New York State Liquor Authority as a "microbrewery." A microbrewery is limited to a production of no more than 75,000 finished barrels annually.
[Added 4-17-2023 by L.L. No. 3-2023]
MOBILE HOMEA movable living unit with or without wheels, whether on a foundation or rigid support, capable of being used for living quarters year-round and not built to the State Building Construction Code one-family dwelling regulations. A mobile home shall contain at least 380 square feet of floor area. A prefabricated dwelling built to State Construction Code regulations shall not be considered a mobile home.
MOBILE HOME PARKLand on which two or more mobile homes are parked, or which is used for the purpose of supplying to the public a parking space for two or more mobile homes.
MOBILE HOME (WITHIN MOBILE HOME PARK/DEVELOPMENT DISTRICTS)A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or more in width or 40 body feet or more in length or, when erected on a site, is 500 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. Mobile homes shall be constructed in accordance with regulations set forth in the Compilation of Federal Regulations (CFR), Title 24, Housing and Urban Development, Chapter XX, Office of Assistant Secretary for Housing - Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280, Manufactured Mobile Home Construction and Safety Standards.
[Added 10-9-1985 by L.L. No. 5-1985]
NONCONFORMING USEThe use of land or structure which does not comply with all regulations for the district in which it is located, where such use conformed to all applicable laws, ordinances and regulations prior to enactment or amendment of this chapter.
ONE-HUNDRED-YEAR FLOODThe highest level of flood that, on the average, is likely to occur once every 100 years. (i.e., that has a one-percent chance of occurring each year).
OWNERThe person or persons holding title to the property.
PARKING SPACEA space used for the temporary location of a motor vehicle, which space is at least nine feet wide and 18 feet long, not including any access driveway area, and having direct access to a public street, or other such other access to a street as may be approved by the Planning Board. All parking spaces shall have a surface composed of not less than four inches of asphalt paving, concrete or crushed stone.
[Amended 9-7-2016 by L.L. No. 3-2016]
PROFESSIONAL RESIDENCE-OFFICEA residence in which the occupant has a professional office which is clearly secondary to one-family dwelling use for living purposes and does not change the residential character, and where not more than one person outside the family is employed.
RESIDENTIAL USEOne-family dwelling, two-family dwelling, multiple-family dwelling, professional residence and mobile home.
RETAIL STOREEnclosed restaurant, store for sale of retail goods, personal service shop and department store; excludes any drive-up 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.
SCHOOLParochial, private and public school, college, university, and accessory uses; excludes commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
SIGNAny device, structure, building or part thereof for visual communication used for the purpose of bringing the subject thereof to the public's attention.
SIGN, ADVERTISING OR BILLBOARDA sign which directs attention to a business, industry, profession, service, commodity or entertainment conducted, sold or offered elsewhere than upon the same lot.
SIGN, BUSINESSA sign which directs attention to a business, industry, profession, service, commodity or entertainment sold or offered upon the same lot on which it is displayed, including "for sale" or "for rent" signs.
SIGN, FEATHER OR FLAGA type of sign more than 30 inches in height utilizing fabric susceptible to movement with the wind containing words or distinctive coloring, patterns, symbols, or any combination thereof which draw attention to one or more products, property, services, accommodations, attractions or activities offered for sale or hire.
[Added 8-6-2018 by L.L. No. 4-2018]
SIGN, INFLATABLEA type of sign, including but not limited to balloons, which is internally supported, continuously or intermittently, by the use of air, helium or any other gas, whether sealed within the sign, or whether the air or gas is pumped or pushed into the sign utilizing a fan or blower.
[Added 8-6-2018 by L.L. No. 4-2018]
SIGN, SANDWICH BOARDA type of temporary sign which consists of a two-faced, rigid frame sign hinged at the apex and designed to be self-supporting when extended, and to be folded into a sandwich position when transported or stored.
[Added 8-6-2018 by L.L. No. 4-2018]
SIGN, TEMPORARYA sign which is portable and not permanently affixed to the ground, the sidewalk, a building or any other structure, which is capable of being placed and/or removed by a person without using tools and is generally placed near a street, or otherwise in a location intended to attract the attention of passing pedestrians and/or motorists. Examples of temporary signs include, but are not necessarily limited to, "for sale," "for rent" and yard/garage sale signs, political signs, and signs advertising an event or gathering.
[Added 8-6-2018 by L.L. No. 4-2018]
STREETPublic way for vehicular traffic which affords principal means of access to abutting properties.
STREET LINERight-of-way line of a street as dedicated by a deed or record. Where the street width is not established, the street line shall be considered to be 30 feet from center line of street pavement.
STRUCTUREAnything constructed or erected the use of which requires attachment to the ground by means of a footing, support or anchor, but not including ground-level patios and terraces without roofs or walls, driveways, sidewalks or other similar installations.
[Added 6-9-1977 by L.L. No. 2-1977]
SWIMMING POOLAny 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 bathing and constructed, installed or maintained in or above the ground outside any building. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter.
[Adopted 6-9-1977 by L.L. No. 2-1977]
TOURIST HOMEAn owner-occupied dwelling in which overnight accommodation is provided for transient guests for profit.
TRAILERA vehicle capable of being used as seasonal sleeping or living quarters, not exceeding 380 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 capable of being used for carrying goods, equipment, machinery or recreation vehicles or as a site office.
TWO-UNIT TOWNHOUSE/PATIO HOMEA building containing two separate dwelling units, each situate on its own lot having a common wall.
[Added 4-6-2006 by L.L. No. 2-2006]
USE, PERMITTEDA use specifically allowed in the district, excluding illegal and nonconforming uses.
YARDSpace on a lot not occupied with a building. Porches shall be considered as part of the main building and shall not project into a required yard.
YARD, FRONTThe yard between the front lot line and front line of a building extended to side lot lines. Depth of front yard shall be measured from a street line to front line of building.
YARD, REARThe yard between the rear lot line and rear line of a building extended to side lot lines. Depth of rear yard shall be measured from rear lot line to rear line of building.
YARD, SIDEThe yard between the principal building or accessory building and a side lot line, and extending through from front yard to rear yard.