For the purposes of this chapter, certain words and terms are defined as follows:
ACCESSORY BUILDINGA building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY DWELLING UNITA secondary dwelling unit of 600 square feet or less of habitable space, established in conjunction with, and clearly subordinate to, a primary dwelling unit, that shall be located in the same structure as the primary dwelling unit.
ACCESSORY STRUCTUREA structure or building that is used incidentally to the principal use of a building or lot. Swimming pools, garages, carports, tool sheds, carriage houses and pool houses are deemed accessory structures or buildings restricted to residential use.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of a building on the same lot with such principal use of the building.
ADDITIONNew construction added to an existing building or structure.
ADULT USEAn entertainment cabaret or nightclub, motion-picture theater, massage or retail establishment as defined below:
A. ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion (more than 25%) of merchandise in number, value or bulk, and/or more than 10% floor area of its stock-in-trade, books, magazines, periodicals or other printed or digital matter or photographs, films, videos, digitalized compact discs, slides or other visual representations that are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities, which are for sale, rent or viewing on or off the premises.
B. ADULT ENTERTAINMENT CABARETA public or private establishment that regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, digitalized compact discs or videos, slides or other photographic or digital material, or that utilizes employees who, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
C. ADULT THEATERA theater, concert hall, auditorium or similar establishment that, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
D. ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, digitalized compact discs or videocassettes, slides or other photographic or digital reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
E. MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist, or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
F. SPECIFIED SEXUAL ACTIVITIESAny of the following specified activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.
AGRICULTUREThe production, keeping or maintenance of plants and animals. For purposes of this chapter, agriculture is further defined and regulated by the following subcategories:
A. ANIMAL HUSBANDRYA use where animals are reared or kept to sell the animals or their products, such as meat, fur or eggs, but does not include pet day-care centers or animal shelters and kennels.
B. AQUACULTUREA use in which fish, shellfish and other marine foods, aquatic plants or aquatic animals are cultured or grown in fresh or salt waters to sell them or the products they produce.
C. COMMUNITY GARDENA use in which land managed by a public or nonprofit organization or group of individuals is used to grow plants and harvest food or ornamental crops for donation or for use by those cultivating the land.
D. MARKET GARDENA use in which plants, and products derived from them, are grown and sold on the same lot or off site. No other items can be sold on site. Examples may include flower and vegetable raising, orchards and vineyards.
AGRICULTURE, PERSONAL ACCESSORYThe production, keeping or maintenance of plants and animals by the residents of the property, guests of the property owner, or a gardening business hired by the property owner.
ALLEYA service way that affords a secondary public means of vehicular access to abutting property.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts, or in the entrance and exit 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.
ALTERNATIVE ENERGY GENERATING EQUIPMENT OR FACILITY, ACCESSORYEquipment for the collection of solar, wind or geothermal energy or its conversion to electrical energy for use on the same property or nearby properties, or for incidental sale to a public utility, when that equipment is accessory to a principal use of the property.
ANIMAL SHELTERAny structure or property that houses stray, abandoned or owner-surrendered animals, except for fish, for impoundment purposes for future disposition, including redemption, adoption, sale or disposal. This use may include facilities for the destruction and disposal of animals. Foster home sites and mobile adoption sites may be utilized in the operation of the animal shelter.
AREA, FLOORThe sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines and basements, but excluding exterior balconies, unfinished basements and attics. All horizontal dimensions of each floor area shall be measured by the exterior face of walls of each such floor, including the walls of roofed porches having more than one wall. The floor area of a building shall include the floor area of accessory buildings on the same lot, measured the same way.
ART GALLERYA structure or building utilized for the display and sale of artwork.
ARTIST STUDIOA workshop or workroom for the creation of fine arts and crafts such as painting, sculpturing, photography or other handmade pieces of art. The space may include a residential unit and it may also include a teaching area for small groups of 10 or fewer.
AUTO WASH (CAR WASH)A structure or building designed for the washing, waxing or similar treatment of automobiles as its principal function.
AUTO WRECKINGThe dismantling or disassembling of used motor vehicles or the storage, sale, salvaging or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. As used in this definition, the term "vehicle" shall mean a passenger-type automobile, truck, tractor-truck, trailer, bus, motorcycle, snowmobile or other vehicle, however propelled, as well as tractors, bulldozers, machinery and similar equipment.
BARA place where the principal income is derived from the sale or serving of alcoholic beverages for consumption on the premises, with or without live entertainment. For purposes of this chapter, this definition also applies to the term "tavern."
BASEMENTThat space of a building that is partly below grade that has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. For purposes of this chapter, this definition also applies to the term "cellar."
BATTERY ENERGY STORAGE SYSTEMOne or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a standalone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
A. Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
B. Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
BED-AND-BREAKFASTAn owner-occupied single dwelling unit in which at least one, but not more than four, sleeping room is provided by the owner-occupant as overnight/lodging facilities, with or without meals, for the accommodation of transient guests.
BERMA human-made mound of earth designed for decorative, screening or buffering purposes.
BOAT LAUNCHA place, site or structure to facilitate the ingress or egress of a watercraft into or onto a body of water.
BREW PUBAn eating and drinking establishment where beer is prepared on the premises for on-site consumption. The brewing of such beer is accessory to the eating and drinking establishment. See also "microbrewery."
BUILDINGAny roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
BUILDING AREAThe total ground floor area of a principal building and accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
BUILDING HEIGHTThe 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.
BUSINESS INCUBATORA facility or building, or portion thereof, that houses a variety of small entrepreneurial businesses that may or may not share space and resources in common areas. Businesses may include any commercial or industrial uses permitted in the zoning district in which they are located.
CAFEA small restaurant, coffeehouse or delicatessen of no more than 1,000 square feet of gross floor area where beverages and/or food is served for consumption on and/or off premises.
CALIPERThe diameter of a tree trunk.
CANNABIS ACTIVITY, COMMERCIALThe production, cultivation, manufacturing, processing, possession, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as defined in the NYS Marihuana Regulation and Taxation Law.
CANNABIS CULTIVATIONThe growing, cloning, harvesting, drying, curing, grading and trimming of cannabis plants for sale to certain other categories of cannabis license- and permit-holders. For purposes of this chapter, cannabis cultivation shall be considered a "light industrial" use and shall not be considered an "agricultural use."
CANNABIS DISPENSARYAn establishment used exclusively for the retail sale of cannabis and as otherwise defined in the NYS Marihuana Regulation and Taxation Law that is registered to operate in the State of New York. For purposes of this chapter, a cannabis dispensary is a "retail sales establishment."
CANNABIS PROCESSORA licensee as defined and regulated by the NYS Marihuana Regulation and Taxation Law that extracts concentrated cannabis and/or compounds, blends, extracts, infuses or otherwise manufactures concentrated cannabis or cannabis products, but not the cultivation of the cannabis contained in the cannabis product. For purposes of this chapter, a cannabis processor is a "manufacturing use."
CANNABIS, RETAIL SALEThe solicitation or receipt of an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale.
CANOPYA roof free of enclosing walls over an entrance to a building or structure, or over a fuel pump island. Said roof may be freestanding or attached to the building or structure.
CARPORTA roofed structure not more than 75% enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles. See also "carport, temporary."
CARPORT, TEMPORARYAn accessory structure made of canvas, aluminum or similar materials, or any combination thereof, on movable framing for the shade and shelter of motorized vehicles.
CEMETERYProperty used for the interring of the dead. This use shall not include facilities for cremation.
CLINICAn establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists or social workers and where patients are not usually lodged overnight.
CLUB, MEMBERSHIP; LODGEAn association of persons for the promotion of some lawful nonprofit common objective, such as literature, science, politics, good fellowship or community service, which meets periodically in a building, the use of such building being restricted to members and their guests.
COFFEE HOUSEAn informal restaurant primarily offering coffee, tea and other beverages and where light refreshments and limited-menu meals may also be sold.
COLLEGE/UNIVERSITYAn educational institution authorized by New York State to award associate, bachelor's, master's or doctoral degrees and theological schools. A college/university may also include related ancillary facilities, such as cafeterias, restaurants, bars, retail sales, indoor/outdoor recreational facilities, research facilities and similar uses.
COMMUNITY CENTERA nonprofit or publicly owned facility providing community resources such as recreational programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the community.
COMMUNITY GARDENA plot of land owned or leased by a nonprofit organization, utilized for the sole purpose of planting and harvesting plants and vegetables by members of the community who contract with said organization for this purpose.
COMMUNITY RESIDENTIAL FACILITYAs defined in § 463 of the NYS Social Services Law, a facility operated or subject to licensure by the state that provides a supervised residence for emotionally, physically or socially disabled persons or for persons in need of supervision or juvenile delinquents. This definition shall also include, but is not limited to, the following uses: agency-operated boarding homes, group homes or private proprietary homes for adults operated or licensed by the NYS Department of Social Services, group homes operated by, contracted for or licensed by the NYS Division for Youth, and halfway houses operated or licensed by the NYS Division of Substance Abuse Services. The term does not include community residential facilities for the disabled as defined in § 41.34 of the NYS Mental Hygiene Law.
CONSERVATION EASEMENTA voluntary agreement between a private landowner and a municipal agency or qualified nonprofit corporation to restrict the development, management or use of the land. That agency holds the interest and is empowered to enforce its restrictions against the current landowner and all subsequent owners of the land.
CONVENIENCE STOREA grocery retail store less than 1,500 square feet, limited to one floor, where no less than 75% of said square footage is allocated to the sale of foodstuffs, including fresh fruits and vegetables.
CONVENTION/CONFERENCE CENTERA commercial facility used for conventions, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions, including temporary outdoor displays, food and beverage preparation and service for on-premises consumption. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.
CULTURAL FACILITYA library, museum or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences.
DAY-CARE CENTERAny establishment licensed pursuant to NYS Social Services Law § 390, and shall mean any program or facility caring for children for more than three hours per day per child, where child day care is provided by a child-care provider; except those programs operating as a group family day-care home, a family day-care home and a school-age child-care program.
DAY-CARE HOME, FAMILY/GROUP FAMILYA program, licensed pursuant to NYS Social Services Law § 390, caring for children for more than three hours per day per child, where child care is provided in a family home for up to 10 children of all ages, or up to 12 children where all of such children are over two years of age, except for those programs operating as family day-care homes which care for seven or eight children. A group family day-care provider may provide child-care services to two additional children if such additional children are of school age and receive services only before or after the period they are ordinarily in school or during school lunch periods or school holidays, or during those periods of the year when school is not in session.
DAY-CARE, ADULTProvision of daytime care to adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. Said care shall be provided for a period of time of more than three hours but fewer than 12 hours on any given day.
DELICATESSENAn establishment selling cooked or preserved foods such as meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for consumption off the premises.
DENSITYThe lot area per dwelling unit required in the zoning district regulations.
DEVELOPMENTAny human-made change to improved or unimproved real estate, including but not limited to construction, alteration, renovation or rehabilitation of buildings or other structures, as well as clear-cutting, mining, dredging, filling, paving, excavations or drilling operations.
DISTRIBUTION/WHOLESALE FACILITYA structure used for the acceptance of bulk deliveries, storage of the delivered items, and redistribution of delivered items.
DOCKA structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming and other recreational uses.
DORMITORYA building utilized as a residence exclusively for students of a college, university or school.
DRIVE-THROUGH SERVICE FACILITY (or WINDOW)Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. Any drive-through service facility (window) is considered an accessory use. A gasoline service station is not considered a drive-through facility for purposes of this chapter.
DRIVEWAYA private way providing vehicular access from a public or private road to a single lot, facility or establishment.
DRIVEWAY, SHAREDA private deeded right-of-way which serves as the access to at least two lots or parcels of land.
DRY CLEANER, SERVICE ONLYAn establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
DUMPSTERAn exterior waste container designed to be mechanically lifted by and emptied into or carted away by a collection vehicle. For purposes of this chapter, this is also the definition of the term "roll-off."
DWELLINGA building with a foundation arranged, intended or designed to be occupied by one or more families or functional family units living independently of each other upon the premises.
DWELLING UNITOne or more rooms designed or used for living quarters by an individual family or functional family unit, including provisions for living, cooking, sanitary and sleeping facilities, and having a separate entrance from the outside of the building or through a common hall.
DWELLING, GROUPA building or a portion thereof with sleeping and living accommodations for four or more persons who are not a family or functional family unit, used or occupied as a club, dormitory, boardinghouse, rooming house or other transient use, but not as a tourist home, or for similar uses. This term shall not include a "fraternity house/sorority house."
DWELLING, MULTIFAMILYA building or group of buildings occupied exclusively for residential purposes, having dwelling units to accommodate three or more families or functional family units living independently of each other, with or without communal amenities such as dining facilities and social spaces, fitness and recreation amenities or social programming. This definition shall exclude hotels, group dwellings and rooming houses.
DWELLING, SINGLE-FAMILYA building occupied exclusively for residential purposes by an individual or family or a functional family unit. See also the manufactured home standards of §
325-34.
DWELLING, TWO-FAMILYA building occupied exclusively for residential purposes, having dwelling units to accommodate up to two families or functional family units living independently of each other.
EASEMENTAn interest in real property generally established in a real estate document or on a recorded plat to reserve, convey or dedicate the use of land for a specialized or limited purpose without the transfer of fee title. Such specified uses may include, but are not limited to, transportation facilities, utilities, access, stormwater drainage and solar exposure.
ELECTRONIC MESSAGE CENTERAny sign that contains liquid crystal diodes (LCD), light-emitting diodes (LED), plasma, light bulbs or other digital illuminated displays that allow for fixed or changeable copy, symbols, figures or images by remote or automatic means.
ENERGY CODEThe New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
ENTERTAINMENT FACILITY, INDOORAny establishment that is operated, maintained or devoted to indoor entertainment operated for profit or by a nonprofit organization. Entertainment is offered by the facility and the principal activity is conducted inside. Such facilities shall include, but not be limited to, theaters, bowling alleys, movie theaters, dance halls or clubs, and video arcades. Entertainment facilities shall not include shooting ranges, bars, pubs, adult uses, nightclubs. See also "recreation facility, indoor."
EVENT/RECEPTION FACILITYAny place of business maintained, in whole or in part, for public rental for the purpose of private party events, whether family, group or corporate in nature, where access by the general public is restricted, and with or without the sale, serving, or consumption of food and/or alcoholic beverages. For purposes of this chapter this definition shall also include "banquet hall."
FAMILYA. A family shall include one or more individuals related by blood, marriage, legal adoption or guardianship who live together in a single dwelling unit, including domestic help.
B. A family shall also be composed of one or more individuals living together in a single dwelling unit as a functional family unit, including domestic help. Said individuals shall have a domestic bond and function as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods.
C. In determining whether individuals are living together as a functional family unit, the following criteria must be present:
(1) The group is one that in theory, size, appearance, structure and function resembles a family unit.
(2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers shall not be deemed to be occupied by a functional family unit.
(3) The group shares expenses for food, rent, or ownership costs, utilities and other household expenses.
(4) The group is permanent and stable. Evidence of such permanency and stability may include the following:
(a) The presence of minor dependent children regularly residing in the household and being educated in the community or enrolled in area schools;
(b) Members of the household have the same address for purposes of voter registration, driver's licenses, motor vehicle registration, the filing of taxes, and with regard to summer or other residences;
(c) Members of the household are employed in the area;
(d) The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;
(e) There is common ownership of furniture and appliances among the members of the household; and
(f) The group is not transient or temporary in nature.
(5) Any other factor reasonably related to whether or not the group is a functional family unit.
D. A group of individuals living together in a single dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if said dwelling unit is occupied by four or more persons who are not related by blood, marriage, legal adoption or guardianship.
E. A group of individuals living together in a single dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if said dwelling unit contains four or more college students over the age of 16 years. A college student is a person who attends, at least half time, any college, university or other institution authorized to confer degrees by the State of New York.
F. The presumptions set forth in Subsections
D and
E of this definition may be rebutted by sufficient evidence of the characteristics set forth in Subsection
C of this definition.
FEATHER FLAGA sign that is a vertically oriented banner attached to a single pole allowing the fabric to hang loose at one, two or three of the four corners.
FINANCIAL INSTITUTIONA building or structure utilized for direct transactional services to the public, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of related incidental financial services associated with a bank.
FITNESS CENTER, HEALTH CLUB or SPAA building or portion of a building designed and equipped for the conduct of sports, exercise, leisuretime activities or other customary and usual recreational activities, operated for profit or nonprofit, which can be open only to bona fide members and guests of the organization or open to the public for a fee.
FOOD TRUCK; MOBILE RETAIL VENDORA readily movable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped as a retail establishment, typically a food truck or food trailer, but which may be any kind of retail vendor.
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one foot from a uniform point source equivalent to one candle in brightness of illumination. Footcandle measurements shall be made with a photometric light meter and with a specified horizontal orientation.
FRATERNITY HOUSE/SORORITY HOUSEA building or a portion thereof used and occupied by a cooperating group of college or university students and containing and providing domestic and social facilities and services thereto.
FUEL PUMPA dispenser used to pump gasoline, diesel, ethanol fuel, biofuels or other types of fuel into vehicles or appropriate containers.
FUEL PUMP ISLANDA structure consisting of fuel dispensers, refuse containers, automated payment points, safety bollards and other related appurtenances.
FULL CUTOFF OR FULL SHIELDED TYPE FIXTUREAn outdoor lighting fixture that is shielded or constructed so all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. Such facilities shall not include crematoriums.
GARAGE SALEA sale that is conducted, or that is permitted or allowed to be conducted, by the owner or occupant of a dwelling designed for human habitation and located in a residential area where any goods or merchandise are displayed outdoors and the public is invited by signs, advertising or in any other manner to come for the purpose of purchasing goods, wares or merchandise. For purposes of this chapter, this definition shall also mean and include "lawn sale," "attic sale," "yard sale," "rummage sale" or any similar casual sale of tangible personal property that is advertised by any means whereby the public at large is or can be made aware of such sale.
GARAGE, PRIVATEA roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, nor is space therein for more than one car leased to a nonresident of the premises.
GARDEN CENTERAn establishment that includes indoor and/or outdoor retail sales of plants not grown on the site, lawn furniture and garden supplies.
GASOLINE SERVICE STATIONAny building, structure or area of land used for the retail sale of automobile fuels, oils and accessories, where repair service, if any, is incidental. A gas station may include the sale of propane or kerosene as accessory uses.
GOVERNMENT FACILITIES, GENERALBasic government services, which also may be provided by a private enterprise, essential to the support of the community, including municipal offices and buildings, emergency services such as ambulance and fire protection, water supply and sewage treatment facilities. This definition does not include community centers, public utilities, or public transportation shelters. See also "municipal facilities, essential."
GRADEThe finished ground level adjoining the building at all exterior walls.
GREENHOUSEA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREENWAYA linear open space established along either a natural corridor, such as a riverfront, stream valley or ridge line, abandoned railroad tracks, converted to recreational use, a canal, a scenic road or other route, any natural or landscaped course for pedestrian and/or bicycle passage.
GROSS FLOOR AREAThe aggregate floor area of an entire building or structure enclosed by and including the surrounding exterior walls.
HOME OCCUPATIONAn occupation, profession or activity carried out for financial gain that is clearly a customary, incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL/MEDICAL CENTERA duly licensed institution providing medical or surgical care and treatment for the sick and injured. A hospital or medical center includes related ancillary facilities, such as laboratories, outpatient clinics, cafeterias, gifts shops, training facilities, classrooms, and offices integral to the function of the facility.
HOTELA facility offering transient lodging accommodations at a daily rate to the general public. It may provide additional services such as restaurants, meeting rooms and recreational facilities. For purposes of this chapter, this definition shall also apply to the term "inn" or "hostel."
IMPERVIOUS SURFACEAny hard-surfaced, human-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas (paved or gravel), sidewalks, patios and paved recreation areas.
INDUSTRY, ARTISAN/CRAFTThe craft industry encompasses goods that are generally handmade by artisans or those skilled in a particular trade, although machinery may be used. Small businesses engaged in the craft trade industry may include but are not limited to art galleries, handmade textiles, woodworking and culinary products.
INDUSTRY, HEAVYThe processing, manufacturing or compounding of materials, products or energy or any industrial activities that, because of their scale or method of operation, regularly produce noise, heat, glare, dust, smoke, fumes, odors, vibration or other external impacts detectable beyond the lot lines of the property.
INDUSTRY, LIGHTThe processing or manufacturing of finished products or parts from previously prepared products or parts, including the fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, provided that all process are contained entirely within a fully enclosed building and any heat, glare, dust, smoke, fumes, odors or vibration are confined to the building. Light industry may include uses such as the manufacture of electronic instruments, preparation of food products and alcoholic beverages, pharmaceutical manufacturing, research and scientific laboratories.
KENNELAny establishment where four or more dogs, cats and/or other animals (not including livestock) are cared for or sheltered for the purpose of sale, breeding, training or exhibition, or are boarded for a fee, or are sheltered for humanitarian reasons. The term "kennel" does not include veterinarian offices or pet stores.
LAND USE ACTIVITYAny construction or other activity that changes the use or appearance of land or a structure or the intensity of use of land or a structure. Land use activity shall explicitly include, but not be limited to, the following: new structures; expansions to existing structures; new uses; changes in or expansion of existing uses, roads, driveways; and excavations for the purpose of extracting soil or mineral deposits.
LAUNDROMAT; LAUNDERETTEA business premises equipped with individual washers/dryers for a service to, or self-serve use by, retail customers, including drop-off and off-premises cleaning.
LIBRARYA building or room in which literary, musical, artistic or reference materials are kept for use; may be borrowed; but are generally not for sale.
LIGHT FIXTUREThe assembly that holds a lamp and may include an assembly housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror, and refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.
LIVE-WORK UNITA unit or space within a building used jointly for nonresidential and residential purposes where the residential use of the space may be secondary or accessory to the primary use as a place of work.
LIVING AREAThe area of a dwelling unit as measured from exterior faces of exterior walls, exclusive of garages, cellars and unenclosed porches.
LOTA tract, plot or parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory buildings or uses, or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter, and having its principal frontage on a public street or an officially approved place.
LOT AREAThe total area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINESThe property lines bounding the lot.
LOT OF RECORDAny lot that has been established as such by plat, survey record or deed prior to the date of this chapter as shown on the records in the office of the County Clerk.
LOT WIDTHThe distance between side lot lines measured parallel to the front lot line at a distance from the front lot line at the minimum required building front setback line.
LOT, CORNERA lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of intersection of less than 135°.
LOT, THROUGHA lot having frontage on two approximately parallel or converging streets, other than a corner lot.
LUMENMeasure of overall light output produced by a lamp.
MACHINE SERVICE SHOPA workshop where power-driven tools are used for making, finishing or repairing machines or machine parts.
MAKERSPACEA collaborative workspace where individuals or entities may utilize common space, technology, equipment and other infrastructure.
MANUFACTURED HOMEA factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the U.S. Department of Housing and Urban Development (HUD), Manufactured Home Construction Safety Standards, 24 CFR Part 3280, 4/1/93, transportable in one or more sections, constructed on a permanent chassis and designed to be used with or without a permanent foundation where connected to the required utilities, and includes plumbing, heating, air-conditioning and electrical systems contained therein. This definition shall not include any self-propelled recreational vehicle.
MANUFACTURED HOME SITEA plot of land within a manufactured home park that is designated for, and designated as, the location for only one manufactured home and customary accessory uses.
MANUFACTURINGThe making or fabrication of raw material by hand, art, machinery, or combination thereof, into finished parts or products.
MEAN HIGH WATER MARKThe average annual high-water level of a lake, pond, reservoir, river, stream, creek or other body of water.
MEDICAL OFFICE/CLINICA structure or portion of a structure used by physicians, surgeons, dentists, chiropractors, optometrists, psychologists, psychiatrists or other health-related professionals for the treatment of human health conditions where no overnight accommodations are provided.
MICROBREWERYA facility that produces fewer than 15,000 barrels of beer annually, with 75% or more of its beer served off site. See also "brew pub."
MICRODISTILLERYA facility that produces fewer than 75,000 gallons of distilled spirits per year.
MODULAR BUILDINGA commercial or residential structure constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, and whereby all portions may not be reasonably inspected at the installation site without disassembly or destruction thereof. The term includes buildings intended or designed for permanent installation, or assembly and permanent installation, on a building site.
MOTELA building or group of detached or connected buildings designed or used for providing transient sleeping accommodations, where each accommodation unit maintains a separate outside entrance.
MOTOR VEHICLE REPAIR (GARAGE), MAJORA service establishment providing all general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, such as collision service, body repair, frame straightening, welding and painting, and may also include any activities provided by minor automotive repair garages as defined in this article.
MOTOR VEHICLE REPAIR (GARAGE), MINORA service establishment providing minor repairs, detailing, stereo and electronic equipment installation, incidental replacement of parts and motor service.
MOTORIZED VEHICLE SALES, LEASE AND/OR RENTALThe use of a building, land area, or other premises or portion thereof, for the display, sale, rental or lease of motorized vehicles, including but not limited to automobiles, boats, motorcycles, recreational vehicles (RVs), including any warranty repair work and other repair service conducted as an accessory use.
MUNICIPAL FACILITIES, ESSENTIALThe essential services furnished by the town and Village, including municipal offices and buildings, emergency services such as police, ambulance and fire protection. See also "government facilities, general." This definition does not include community centers or public utilities.
NATURAL AREAAn area of land and/or water that has a predominantly undeveloped character. Natural areas may be pristine or may have been affected by human activity such as vegetation removal, agriculture, grading or drainage if such areas retain significant natural characteristics, or have recovered to the extent that they contribute to natural systems, including hydrology, vegetation or wildlife habitat. The purpose of natural areas is to protect natural processes and vegetation and/or provide a scenic, aesthetic appearance and/or passive recreational uses that may include amenities such as trails, seating and interpretive areas and signage.
NIGHTCLUBAn establishment primarily engaged in the sale and service of alcoholic and nonalcoholic beverages for on-premises consumption and the providing of musical entertainment, singing, dancing or other forms of amusement and entertainment, with the sale or service of food being incidental and accessory thereto. Such establishment may also have one or more of the following characteristics: age restrictions, cover charges, charges for admission, disc jockeys, jukeboxes, amplified sound systems, live entertainment and the like, and hours of operation extended beyond the normal dinner hours. For purposes of this chapter, this definition includes "cabaret" and "disco"; however, a nightclub shall not include a restaurant, bar, tavern or adult use.
NONCONFORMING LOTA lot of record that does not comply with the area, shape, frontage or locational provisions of this chapter for the district in which it is located.
NONCONFORMING STRUCTUREA building or structure that was lawfully erected prior to the adoption or amendment of this chapter but that no longer complies with all regulations applicable to the zoning district in which the structure is located.
NONCONFORMING USEA use or activity that lawfully existed prior to the adoption or amendment of this chapter but fails by reason of such adoption or amendment to conform to the present use requirements of the district in which it is located.
OFFICE, GENERAL AND PROFESSIONALA building or portion thereof used primarily for conducting the affairs of a business, profession, service, industry or government, and generally furnished with desks, tables, files and communication equipment. No manufacturing processes, retail sales, construction or warehousing occur on the premises.
OFFICIAL NEWSPAPERThe newspaper or newspapers designated by the Village for the publication of official notices of meetings and public hearings.
OPEN-AIR MARKETAn occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. Open-air markets include, but are not limited to, flea markets, farmers' markets and craft fairs.
OUTDOOR WOOD BOILERA fuel burning device that is:
A. Designed to burn wood or other fuels;
B. Specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans; and
C. Used to heat building space and/or water via the distribution, typically through pipes, of a gas or liquid (e.g., water or water/antifreeze mixture) heated in the device.
PARK, PUBLICLand that is publicly owned or controlled for the purpose of providing parks, recreation or open space for public use.
PARK; PLAYGROUNDA private or public open area for recreation, which may include accessory parking areas, shelters, picnic tables, rest rooms and other facilities for the use of park patrons. May also be a defined open space, typically interspersed within residential areas, that is designed and equipped for the recreation of children. Playgrounds may be freestanding or located within parks, greens or school sites.
PARKING LOTA lot devoted to the temporary parking of automobiles, defined by a boundary, with parking spaces delineated.
PARKING SPACEAn off-street space available for the parking of one motor vehicle.
PARKING STRUCTUREA structure or building used to park cars, including parking garages, parking decks and underground parking.
PARKING, SHAREDTwo or more land uses or a multi-tenant building that merges parking needs based on different operating hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result in a superior grouping of buildings.
PASSENGER TERMINALA commercial facility for handling, receiving and transferring passenger traffic, including by car, bus or train. See also "public transportation facility."
PERSONOne or more natural persons, corporations, partnerships, associations and all other entities of any kind, including the agents and employees of same.
PLATA map drawn to scale showing the divisions of a piece of land or layout of a proposed subdivision.
PORTABLE STORAGE CONTAINERA portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. This term shall not include dumpsters/roll-off containers or storage containers having storage capacity of less than 150 cubic feet.
PUBLIC UTILITY, MAJORLarge-scale facilities that primarily serve a regional need, which because of their scale or method of operation are more likely to produce external impacts that are detectable beyond property lines of the subject property. Such facilities include, but are not limited to, electric or gas generation plants and high-voltage transmission lines. This definition shall not include telecommunications towers.
PUBLIC UTILITY, MINORFacilities and services that primarily serve local distribution needs, including but not limited to electrical transforming substations, gas regulating stations, telephone exchange/switching centers and broadcasting facilities.
RECREATION FACILITY, INDOORAn establishment that is operated, maintained or devoted to indoor recreational activities, which is operated for profit or by a nonprofit organization. Recreation facilities may include but are not limited to bowling alleys, athletic fields and courts, batting cages, miniature golf courses, skating rinks, fitness clubs and spas. For purposes of this chapter, the term "recreation facilities" shall not include "shooting ranges." See also "entertainment facility, indoor" and "recreation facility, public."
RECREATION FACILITY, OUTDOORAn establishment that is operated, maintained or devoted to outside recreation and/or entertainment operated for profit or by a nonprofit organization. The entertainment or recreation is offered by the facility and the principal activity is conducted outside. Such facilities shall include, but not be limited to, skating rinks, batting cages, athletic fields and courts, swimming pools, golf courses and miniature golf courses. For purposes of this chapter, the term "recreational facilities" shall not include "shooting ranges" or "moto-cross tracks." See also "recreation facility, public."
RECREATIONAL VEHICLE (RV)Any portable vehicle or structure designed to be self-propelled or permanently towable on its own wheels, sometimes referred to as a "fifth-wheel" or "tow-behind," which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purposes.
RECYCLING FACILITYA building or area of land that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics and metal cans, for shipment to a recycling processor or distributor, but at which no processing of such items occurs.
RELIGIOUS INSTITUTIONA building where persons regularly assemble for religious worship and maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. For purposes of this chapter the definition includes "church," "synagogue," "temple," "mosque" or other such place of worship and religious activity.
RESEARCH, DEVELOPMENT LABORATORY FACILITIESA building or portion of a building in which facilities for scientific research, investigation, testing or experimentation are located, but not facilities for manufacturing or sales of products.
RESIDENTIAL CARE FACILITYAs defined in § 463 of the NYS Social Services Law, a facility operated or subject to licensure by the state that provides a supervised residence for emotionally, physically or socially disabled persons or for persons in need of supervision or juvenile delinquents. This definition includes, but is not limited to, agency-operated boarding homes, group homes or private proprietary homes for adults operated or licensed by the NYS Department of Social Services, group homes operated by, contracted for or licensed by the NYS Division for Youth, and half-way houses operated or licensed by the NYS Division of Substance Abuse Services. The definition does not include community residential facilities for the disabled as defined in § 41.34 of the NYS Mental Hygiene Law.
RESTAURANTA business establishment whose principal business is the selling of prepared food and beverages to the customer in a ready-to-consume state. For purposes of this chapter, the term restaurant includes "sit-down restaurants" and "take-out restaurants."
RETAIL SALES ESTABLISHMENTA building or portion thereof engaged in selling goods, services or merchandise to the general public for personal and household consumption. For purposes of this chapter, some retail establishments are also separately defined.
RIGHT-OF-WAYProperty that is publicly owned or upon which a governmental entity has an expressed or implied property interest, e.g., fee title or easement, held for a public purpose. Examples of such public purpose include, by way of example and not by limitation, highways, streets, sidewalks, drainage facilities, crosswalks, railroads, roads, electric transmission lines, oil or gas pipelines, water mains, sanitary or storm sewer mains or shade trees. The use of the term "right-of-way" for subdivision platting purposes means that every right-of-way established and shown on a final plat is separate and distinct from the lots or parcels adjoining the right-of-way, and is not included within the dimensions or areas of such lots or parcels. Rights-of-way involving maintenance by a public agency are dedicated to public use by the maker of the plat on which the right-of-way is established.
ROADSIDE STANDA direct marketing operation offering outdoor shopping. Such an operation is seasonal in nature and features food stands such as, but not limited to, hot dog stands, locally produced agricultural products, enhanced agricultural products and handmade crafts. For purposes of this chapter, the definition includes "farm stands."
SANDWICH BOARDA portable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an "A."
SCHOOLA public or private facility furnishing comprehensive curriculum of academic instruction on the pre-kindergarten, kindergarten, primary and/or secondary level.
SCREENINGThe act of placing landscape features, such as trees, bushes, shrubs, or human-made screens, such as fences or berms, to reduce the impact of development on nearby properties.
SELF-STORAGE FACILITYAn establishment that permits customers to store their own materials in private, commercially available warehousing space in individual lockable units accessible from outside driveways or from indoor hallways.
SELF-STORAGE FACILITY, MINIA public facility for the temporary storage of personal, household or business property that is serviced by the owner of the stored property or an agent of the owner of the stored property. The term "mini-self-storage facility" shall not be construed to mean "warehouse" and shall not be used for the transfer, shipping or receiving of products or goods in conjunction with a business operation.
SELF-STORAGE UNIT, MINIA building or group of buildings divided into separate units or compartments not to exceed 200 square feet in size. Each unit or compartment shall be divided from the floor to the ceiling by a wall and shall have an independent entrance from the exterior of the unit. There shall be no electrical outlets permitted inside any unit.
SENIOR HOUSINGA facility consisting of three or more dwelling units, the occupancy of which is limited to persons where at least one of the occupants is 55 years of age or older. The facility may include medical facilities or care. Senior housing shall typically consist of attached dwelling units but may include detached dwelling units as part of a wholly owned and managed senior development.
SERVICE ESTABLISHMENTSAn establishment or place of business primarily engaged in the provision of frequent or recurrent services or assistance, as opposed to products. This shall include personal, financial, repair, professional or business services. For purposes of this chapter, some service-related establishments are also separately defined.
SETBACKThe minimum distance required for compliance with this chapter as measured by the shortest horizontal line between any portion of any structure and the lot line, human-made structure or topographical or natural feature designated as being the reference point from which such minimum setback is measured.
SHEDAny accessory structure used for storage or containment.
SHELTER FOR THE DISPLACEDA facility operated by a provider, other than a residential care facility, that provides temporary overnight accommodations to displaced persons and/or families. For purposes of this definition, a "provider" shall mean a government agency or private nonprofit organization that provides, or contracts with recognized community organizations to provide, emergency or temporary shelter.
SHOOTING RANGELand used for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games or temporary competitions.
SHOPPING CENTERA group of four or more retail establishments sharing a common site and having either common walls or a common roof structure.
SHORELINEThe line at which land adjoins the waters of lakes, ponds, rivers and streams.
SHORELINE FRONTAGEThe distance measured along the shoreline as it winds and turns between the boundary lines of a lot as they intersect the shorelines of any river.
SHORELINE SETBACKThe minimum horizontal distance between any point of a building and the shoreline of any pond, brook, stream or river.
SIDEWALKAny strip or section of concrete or granite, the primary purpose of which is a walkway.
SIGNAny device affixed to or painted or represented directly or indirectly upon a building, structure or land, that directs attention to an object, product, place, activity, person, institution, organization or business, but not including any flag, badge or insignia of any government or government agency, school or religious group or of any civic, charitable, religious, patriotic, fraternal or similar organization, nor any official traffic control device. Each display surface shall be considered to be a sign. See Article
IX of this chapter for definitions of specific types of signs.
SIGN, DIRECTIONALA sign conveying instructions regarding pedestrian and/or vehicular movement with respect to the premises on which it is located, such as the entrance and exit of a parking area.
SIGN, FREESTANDINGA permanent, self-supporting sign standing alone on its own foundation. This definition shall not include temporary or portable signs. This definition shall include "monument" signs.
SIGN, OFF-PREMISESA sign located on a parcel of land other than that parcel where the business, service or event advertised is located. For purposes of this chapter, this definition shall also include "billboards."
SIGN, PROJECTINGA sign that projects more than 12 inches perpendicular to the building's face.
SIGN, ROOFA sign erected upon or above a roof or parapet wall of a building, and which is wholly or partly supported by that building.
SIGN, TEMPORARYA sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time. For purposes of this chapter, a temporary sign is not a "portable sign," which is separately defined and regulated in this section.
SIGN, VEHICULARAny vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes the primary purpose of the vehicle.
SIGN, WALLA sign that is painted on, or attached to, the outside wall of a building, with the face of the sign in the plane parallel to such wall.
SITE PLANA rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in Article
XII of this chapter, that shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SOLAR ENERGY SYSTEMA solar collector or other device or structural design feature of a structure that relies upon the sun as an energy source and is capable of collecting, distributing and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use. The following terms define different types of solar energy systems:
A. BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
C. ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for on-site or off-site consumption.
D. TIER 1 SOLAR ENERGY SYSTEMA solar collection system that is accessory to a principal use to capture solar energy and convert it to electrical energy for on-site and potentially off-site consumption and has a maximum collector surface area of no more than 5,000 square feet.
E. TIER 2 SOLAR ENERGY SYSTEMA solar collection system that may be principally used to capture solar energy and convert it to electrical energy for off-site sale or consumption and on-site consumption and has a minimum collector area of more than 5,000 square feet.
SPECIAL USEAn allowed use in a district that, because of its unique characteristics, requires individual consideration by the Planning Board before it may be permitted.
STORAGE, OUTDOORThe keeping of goods, wares, equipment or supplies outside of a structure.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALFThat part of a building between a pitched roof and the uppermost full story having a floor area at least half as large as the floor below. Space with clear head room of less than five feet shall not be considered as floor area.
STREETA public or private way that affords the principal means of access to abutting property.
STREET GRADEThe officially established grade of the street upon which a lot fronts or, if there is no officially established grade, the existing grade of the street.
STREET LINEThe dividing line between a lot and a street right-of-way.
STRUCTURAL ALTERATIONAny change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.
STRUCTURE, ACCESSORYA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
SUBDIVISIONThe division of any parcel of land into two or more lots, plots or other division of land, with or without streets, for the purpose of immediate or future sale or building development.
TEMPORARYOccurring or in place for fewer than or equal to 90 consecutive days.
THEATERA building or part of a building devoted to the presentation of theatrical or other entertainment performances, including the showing of motion pictures on a paid-admission basis.
THEATER, OUTDOORAn open lot or part thereof with its appurtenant structures and facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis.
TOWNHOUSEA building on its own separate lot containing one dwelling unit with a private entrance that occupies space from the ground to the roof, and is attached to one or more other townhouse dwelling units by at least one common wall.
TRANSPARENCYThe use of clear glass windows and doors on a building facade as a part of an architectural design.
UNDEVELOPED LOTLand that is generally in its natural state before development. For purposes of this definition, some clearing of natural vegetation may have occurred on an undeveloped lot.
UNIFORM CODEThe New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
USEThe specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
USE, PERMITTEDA use of a building, structure, lot or land, or part thereof, that is listed as a permitted use or as a permitted use with a special use permit in Schedule A: Permitted Uses.
USE, PRINCIPALThe main or primary purpose for which a building, structure and/or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this chapter (see Schedule A). The use of any other building, structure and/or land on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered an accessory use.
USE, PROHIBITEDA use of a building, structure, lot or land, or part thereof, that is not listed as a permitted use or as a use requiring a special permit in Schedule A: Permitted Uses.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals (ZBA) for the use of land in a manner not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the ZBA for the use of land for a purpose otherwise not allowed or which is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall require a use variance if such increase is not allowed by right or by special use permit.
VEHICLE CHARGING STATIONA facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries, when accessory to a principal use of the property.
VEHICLE LEASE, SALES AND RENTALA premises, including open areas, other than a street or right-of-way, and including show rooms enclosed within a building used for the display, rental, lease or sale of automobiles, boats, mopeds, motorcycles, snowmobiles, trucks and recreational vehicles.
VETERINARY CLINIC AND HOSPITALAny structure where animals or pets are given medical or surgical treatment, including short-term boarding of animals when boarding is for the purpose of monitoring recovery. Animal day care may be provided as an ancillary service; however, this shall not include boarding, kenneling or crematory facilities. For purposes of this chapter, this definition shall also apply to the term "animal hospital."
VOCATIONAL SCHOOLA secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the New York State requirements as a vocational facility. For purposes of this chapter, this definition shall also include "trade school."
WAREHOUSEThe storage and distribution of manufactured products, supplies and equipment, excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
WATER BODYAny area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high-water mark is established. Wetlands contiguous to the water body are considered part of the water body. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds, lakes and reservoirs.
WATER-DEPENDENT USESActivities that require a location in, on, over or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, waterborne commerce and ferries.
WATER-ENHANCED OR WATER-RELATED USESUses that have no critical dependence on obtaining a waterfront location, but the profitability of the use and/or the enjoyment level of the users is increased significantly when it is adjacent or has visual access to the waterfront.
WATERCOURSEAny natural or artificial, intermittent, seasonal or permanent, and public or private water body or water segment. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.
WETLANDAreas of vernal pools swamps, marshes, wet meadows, bogs and similar areas saturated by surface water or groundwater sufficient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands serve as natural habitat for many species of plants and animals and absorb the forces of flood and tidal erosion to prevent loss of upland soil.
WETLAND/WATERCOURSE BUFFERA specified area surrounding a wetland or watercourse that is intended to provide some degree of protection to the wetland or watercourse from human activity and other encroachment associated with development. The buffer shall be subject to the regulations for wetlands and watercourses as defined in this chapter.
WIND ENERGY CONVERSION SYSTEM, SMALLA wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, or similar technology, that has a rated capacity of not more than 100 kW and is intended to primarily reduce on-site consumption of utility power.
WIRELESS COMMUNICATIONS FACILITIES, SMALL CELLLow-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals and metropolitan outdoor spaces. A small cell facility meets both the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; (ii) all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services. "Small cell wireless facilities" and "microcell wireless facilities" shall be used interchangeably.
WIRELESS COMMUNICATIONS TOWERA freestanding structure erected on the ground to support wireless communications antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.
WIRELESS TELECOMMUNICATIONS SERVICES FACILITYA structure, facility or location designed or intended to be used as, or used to support, antennas. Includes, without limit, freestanding towers, guyed towers, monopoles, small cell telecommunications facilities on utility poles in the public right-of-way or on property of the Village or of another municipal corporation; also similar structures that employ camouflage technology, including, but not limited to, structures such as a multistory building, steeple, silo, water tower, sign or other similar structure intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, personal telecommunications services, commercial satellite services or microwave telecommunications, but excluding those used exclusively for dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio, and other similar telecommunications.
YARDAn open space on the same lot with a building, unoccupied or obstructed by a portion of a structure from the ground upward, except as otherwise provided in this chapter.
YARD, FRONTAn open space extending across the principal street side of a lot, measured between the side yard lines, the depth of which yard shall be the minimum horizontal distance measured between the curb or the edge of an improved street and the main building or any projection thereof other than steps and unenclosed balconies, not extending more than eight feet from the front of the building, except as otherwise provided by this chapter.
YARD, REARAn open space extending across the rear of a lot, measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof other than steps and unenclosed balconies not extending more than eight feet from the rear of the building, except as otherwise provided in this chapter. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDEAn open space from the front yard to the rear yard between the building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except for steps and as otherwise specified in this chapter.
ZONING DISTRICTThe specially delineated areas or districts within the Village, as delineated on the Zoning Map of this chapter, within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings.