As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe cessation of a nonconforming use or the change of a nonconforming use to a conforming one.
ACCESSORY STRUCTUREA building or structure incidental to and located on the same lot occupied by a principal building or structure, erected and used for purposes related and subordinate to the use of such principal building or structure.
[Amended 3-11-2024 by L.L. No. 3-2024]
ACCESSORY STRUCTURE OR USE, CUSTOMARY RESIDENTIAL"Customary residential accessory structure and/or use" as referenced in the Table of Use Regulations is an accessory structure or use subordinate to, and on the same lot as, a one-family or two-family residential dwelling and consists of the following accessory structures or uses only: fences and walls, sheds or other accessory buildings not exceeding 240 square feet in gross floor area or 12 feet in height which are used only for noncommercial purposes, aboveground pools, detached porches, patios, decks, carports not exceeding 240 square feet in coverage and garages not exceeding 288 square feet in gross floor area or 15 feet in height, gardens, landscaping, and other lawful noncommercial uses of the premises by the residents of the dwellings and their guests that do not require a building permit and are not otherwise regulated by the Table of Use Regulations or this chapter, and occasional activities such as yard sales, bake sales, and other activities that may have a de minimis commercial aspect. Attached porches, patios, decks, garages or other structures, and roof-mounted solar panels, are deemed to be part of the principal structure or building to which they are attached and are not deemed to be accessory structures or uses.
[Added 3-11-2024 by L.L. No. 3-2024]
ACCESSORY USEA use incidental to and located on the same lot occupied by a principal use, for purposes related and subordinate to such principal use, which is not otherwise regulated by the Table of Use Regulations or this chapter.
[Amended 11-4-2019 by L.L. No. 2-2019; 3-11-2024 by L.L. No. 3-2024]
ADULT USEAn establishment having as a substantial or significant portion of its stock-in-trade media, sexual paraphernalia, or a personal service or entertainment establishment, any of which such establishments is customarily not open to the public generally, but excludes any minor by reason of age.
[Added 11-4-2019 by L.L. No. 2-2019]
AGRICULTUREThe raising of agricultural products for sale. The term does not include animal husbandry.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure or any enlargement thereof, whether by extension on any side or by any increase in height or the moving of such building or structure from one location to another.
ANIMAL HUSBANDRYThe care, raising and breeding of domestic farm animals, such as horses, cows, steers, goats and fowl. The keeping of household pets such as cats and dogs for personal enjoyment shall not be deemed "animal husbandry."
ATTICThat space of a building which is immediately below and wholly or partly within the roof framing.
[Amended 11-4-2019 by L.L. No. 2-2019]
BASEMENTA story partly below finished grade but having greater than 1/2 of its height measured from floor to ceiling not less than four feet above average finished grade. A "basement" shall be counted as one story in determining the height of a building in stories if used as a livable area.
BED-AND-BREAKFAST ESTABLISHMENTA dwelling unit in a single- or two-family home that is occupied by a full-time resident, and in which a maximum of three rooms are provided to a maximum of six guests for overnight lodging and breakfast only, in which no public restaurant is maintained, and which includes at least one on-property parking space for each room.
[Added 11-4-2019 by L.L. No. 2-2019]
BILLBOARDA fixed structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold, or offered elsewhere than upon the lot on which the sign is situated.
[Amended 11-4-2019 by L.L. No. 2-2019]
BOARDING HOUSEAny building in which persons, either individually or as families, are housed or lodged for rent, with or without meals, in addition to the primary individual or family in residence, and which does not meet the definition of a bed-and-breakfast establishment.
[Added 11-4-2019 by L.L. No. 2-2019]
BUILDINGAny structure that is intended for the shelter, support or enclosure of persons, animals, chattels or property of any kind.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
BUILDING COVERAGEThe percentage of the area of the lot covered by a building or buildings, including any open or enclosed porch or carport, plus any accessory buildings.
[Added 11-4-2019 by L.L. No. 2-2019]
BUILDING HEIGHTThe vertical distance measured from the average elevation of the finished, or proposed finished, grade across the street frontage of the building to the highest point of a flat roof, or to the mean height between the eaves and the ridge of a gable, hip or gambrel roof.
[Added 11-4-2019 by L.L. No. 2-2019]
BUILDING PERMITOfficial authorization issued by the Building Inspector/Code Enforcement Officer/Zoning Enforcement Officer before any building may be erected, moved, altered, rebuilt or enlarged, or any land or building may be used to begin construction.
[Added 11-4-2019 by L.L. No. 2-2019]
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which such building is situated.
CANNABIS DISPENSARYA commercial retail establishment operating under license of the New York State Cannabis Control Board, authorized to engage in the retail sale of cannabis products for off-site consumption, but in no case permitted or authorized to allow the on-site consumption of cannabis or cannabis products.
[Added 8-8-2022 by L.L. No. 7-2022]
CAR WASHA structure or building designed for the washing, waxing or similar treatment of automotive vehicles as its principal function. A fueling station having portable washing equipment shall not be deemed to be a "car wash" where such use is an accessory service to the principal service of the fueling station.
[Amended 11-4-2019 by L.L. No. 2-2019]
CELLARA story partially below finished grade but having one-half or less of its height measured from floor to ceiling below the finished grade. A "cellar" shall be counted as a one-half story in determining the height of a building in stories if used as a livable area.
CEMETERYLand used, or intended to be used, for the burial of dead human beings, and dedicated for cemetery purposes, including columbaria, mausoleums and mortuaries, when operated with and within the boundary of such cemetery. Shall not include facilities for cremation.
[Added 11-4-2019 by L.L. No. 2-2019]
CHILD-CARE ESTABLISHMENTAn establishment that provides child care for compensation and that does not qualify as home-based child care.
[Added 11-4-2019 by L.L. No. 2-2019]
CHILD CARE (HOME-BASED)Child care carried out for compensation in a residential dwelling unit for not more than three children unrelated to the operator.
[Added 11-4-2019 by L.L. No. 2-2019]
CIVIC BUILDINGA building pertaining to the municipality and/or its citizenship that provides a service that is important to the well-being of the community. A public library, museum or community center shall be deemed a "civic building."
CLINICAn establishment for the practice of health-related services such as dentistry, medicine, acupuncture, chiropractic, and/or osteopathy, in which non resident patients are treated. Includes veterinary clinics.
[Added 11-4-2019 by L.L. No. 2-2019]
CLUB (HEALTH AND FITNESS)A commercial establishment open to the ublic for a fee that proivdes services and facilities for physical fitness training. Such uses may include the sale of equipment used in the activities provided.
[Added 11-4-2019 by L.L. No. 2-2019]
CLUB (MEMBERSHIP)A building used to house a not-for-profit club or social organization, and which is not an adjunct to, or operated by, or in conjunction with, a public tavern, café, or other public place.
[Added 11-4-2019 by L.L. No. 2-2019]
COLLISION SHOPAn area of land, including structures thereon, or any building or part thereof that is used for motor vehicle body work or frame straightening, welding or painting.
[Amended 3-27-1997 by L.L. No. 1-1997]
COMPREHENSIVE PLANThe Comprehensive Plan adopted by the Village Board for the future preservation and development of the Village of Chatham pursuant to § 7-722 of the Village Law, including any part of such plan separately adopted and any amendment to such plan.
CUSTOM WORK SHOPA business premises used for the making of personal articles or items to individual order and measure for sale at retail on the premises only, and not including the manufacture of identical items for sale at wholesale.
DEVELOPMENTA man-made change to improved or unimproved real estate.
[Amended 11-4-2019 by L.L. No. 2-2019]
DRIVE-IN/DRIVE-THROUGH BUSINESSA business allowing patrons to purchase products or make transactions, typically through means of a window, without leaving their vehicles. Does not include restaurants.
[Added 11-4-2019 by L.L. No. 2-2019]
DWELLINGA building, or portion thereof, arranged, inteded or designed to be occupied by one or more families living independently of each other upon the premises, and constituting a separate housekeeping unit with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of each family.
[Amended 11-4-2019 by L.L. No. 2-2019]
DWELLING, ACCESSORYA dwelling unit which is subordinate to the principal one-family dwelling in terms of size, location and appearance, and which provides complete living facilities, including a kitchen, that is an accessory use for a single dwelling on a residential lot and independent of the primary dwelling unit. The accessory dwelling may be attached to, or detached from, the primary dwelling unit, including location over an existing garage. If the accessory dwelling is located over a garage, the maximum structure height applies.
[Added 11-4-2019 by L.L. No. 2-2019]
DWELLING, GROUPA group of two or more detached buildings, each of which contains one or more dwelling units, located on a parcel of land in one ownership.
[Added 11-4-2019 by L.L. No. 2-2019]
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units and occupied or designed for occupancy for three or more families living independently of each other.
DWELLING, ONE-FAMILY DETACHEDA single-family residence on an individual lot with private yards on all sides of the house.
[Added 11-4-2019 by L.L. No. 2-2019]
DWELLING, SEMIDETACHEDA dwelling attached in some manner to another dwelling building but not by a common wall.
DWELLING UNITOne or more rooms constituting a separate, independent housekeeping unit with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
FAMILYA number of persons occupying a dwelling unit as a single housekeeping unit.
[Amended 11-4-2019 by L.L. No. 2-2019]
FAMILY-TYPE HOMES FOR ADULTSA home licensed by the State of New York that provides long-term residential care, including room, board, housekeeping, personal care and/or supervision to four or fewer adults unrelated to the operator, who lives with the residents and provides twenty-four-hours-a-day supervision/services.
[Added 11-4-2019 by L.L. No. 2-2019]
FARMAny parcel of land used in the raising of agricultural products and domestic farm animals.
FARMERS' MARKETAn establishment for the retail sale of local farm produce and farm products, which may either be conducted as a principal or accessory use and may include multiple vendors, and which has only temporary structures such as tents that are erected only during periods of farmers' market activities.
[Added 11-4-2019 by L.L. No. 2-2019]
FENCEA structure designed either to limit access to a land area or to screen such area from view, or both.
FILLING STATIONAn area of land, including structures thereon, or any building or part thereof supplying or selling gasoline or equivalent fuel for motorized vehicles at retail, direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering services for motor vehicles, such as lubrication, washing (which does not require mechanical equipment) and minor repairs.
FINISHED GRADEThe elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the "finished grade," in computing the height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FLOOR AREA, GROSSThe aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings. However, the "gross floor area" of a building shall not include:
A. Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
B. Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
C. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
FUELING STATIONAn establishment, which may include a convenience store, that is used for the sale of gasoline or any other motor vehicle fuel and oil, and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but not including the painting thereof by any means, or body and fender work.
[Added 11-4-2019 by L.L. No. 2-2019]
FUELING STATION (ELECTRIC)Facilities available to the general public, whether or not for payment or remuneration to the owner or operator, for the charging of electric-powered automobiles, trucks, or other motor vehicles.
[Added 11-4-2019 by L.L. No. 2-2019]
FUEL STORAGE DISTRIBUTION FACILITYAn area of land, including structures and/or vehicles thereon, or any building or parts thereof other than a filling station used for the storage, distribution or selling of any fuel.
GARAGE, PRIVATEAn accessory building or portion of the principal building used for the storage and repair of motorized vehicles, owned by the residents of the premises.
GREENHOUSE/PLANT NURSERYLand and the structures thereon used for the propagation and sale of plants and plant material.
[Amended 11-4-2019 by L.L. No. 2-2019]
GROUP HOMEA community residence licensed by the State of New York for long-term residents.
[Added 11-4-2019 by L.L. No. 2-2019]
HEIGHT OF STRUCTURE OR BUILDINGThe vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such building or structure.
HOME OCCUPATIONA commercial, business, or professional use that is incidental and clearly subordinate to an existing residential use, conducted within a bona fide residence of the principal practitioner of the occupation, or in an accessory building thereto which is normally associated with the residential use. Furthermore, the home occupation does not change the residential character of the dwelling unit or vicinity, nor result in any exterior evidence of such secondary use beyond what may be permitted in this chapter, along with a sign in accordance with Article
XI, Sign Regulations.
[Amended 11-4-2019 by L.L. No. 2-2019; 3-11-2024 by L.L. No. 3-2024]
HOME OCCUPATION (MAJOR)A home occupation which has no more than two nonresident employees on site at any time, and may have additional parking necessary for visiting customers or clients.
[Added 11-4-2019 by L.L. No. 2-2019]
HOME OCCUPATION (MINOR)A home occupation which has no more than one nonresident employee on site at any time and does not primarily serve customers on site.
[Added 11-4-2019 by L.L. No. 2-2019]
HOTELA building or any part thereof which contains living and sleeping accommodations for hire, has a common exterior entrance or entrances and which may contain dining rooms, meeting rooms and/or a restaurant.
JUNKYARDAny land or structure or part thereof, exceeding 300 square feet in area, used for the collecting, storage or sale of wastepaper, rags, scrap metals or other scrap or discarded material, or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof. The deposit on a lot of two or more motor vehicles not scheduled for repair or in condition for legal use on a public highway shall be deemed to constitute the lot a "junkyard."
[Amended 11-4-2019 by L.L. No. 2-2019]
KENNELThe keeping of two or more dogs over six months of age for sale or for boarding or care for which a fee is charged or paid or the keeping of four or more dogs over six months of age for any purpose if the dogs are owned by the owner or occupant of the premises.
LANDFILLA parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
[Added 11-4-2019 by L.L. No. 2-2019]
LIVABLE FLOOR AREAThe enclosed floor area of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes.
LODGING FACILITYAny hotel, motel or inn providing sleeping accommodations for transient guests, with or without a dining room or restaurant. For the purposes of this chapter, neither a bed-and-breakfast establishment nor a boarding house shall be considered a lodging facility.
[Amended 11-4-2019 by L.L. No. 2-2019]
LOTA measured parcel of land, developed or undeveloped, having fixed boundaries and designated on a deed, plot plan or survey.
LOT AREAThe total horizontal area included within the lot lines.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThe square footage of percentage of lot area covered by buildings, roofs, roads, sidewalks, concrete, asphalt, or otherwise covered by any impervious surface.
[Amended 11-4-2019 by L.L. No. 2-2019]
LOT, DEPTH OFThe mean distance between the front and rear lot lines.
LOT LINEAny boundary of a lot. Any "lot line" not a rear "lot line" nor a front "lot line" shall be deemed a side "lot line."
LOT LINE, FRONTThe street right-of-way line at the front of a lot. If there is no street right-of-way boundary, the "front lot line" shall be considered to be the traveled way or sidewalk line, whichever is closer to the principal building. On a corner lot, both street frontages shall be deemed to be "front lot lines" and there shall be no rear yard. (Note: See diagram at the end of this chapter.)
LOT LINE, REARThe lot line opposite the front lot line which intersects only the side lot lines. (Note: See diagram at the end of this chapter.)
LOT, THROUGHA lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTHThe dimension measured from side lot line to side lot line along a line parallel to the street line at the required minimum front yard depth or the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
MAJOR PROJECTA proposed use that requires a special permit or site plan approval and that exceeds any of the thresholds for a minor project.
MEMBERSHIP CLUBPremises used by a not-for-profit organization catering exclusively to members and their guests for social, recreational, athletic or similar purposes.
MININGThe extraction or removal of minerals from the ground, or the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location, which may include the preparation, washing, cleaning or other processing of minerals so as to make them suitable for commercial, industrial or construction use, and includes the infrastructure for transportation of the minerals off-site to a public highway. The term "mineral" shall include natural gas and oil.
[Added 11-4-2019 by L.L. No. 2-2019]
MINOR PROJECTA use or combination of uses on a lot or a series of adjoining lots that requires a special permit or site plan approval (does not apply to single-family and two-family dwellings) and that, over a five-year period, does not exceed any of the following thresholds:
A. Construction of four or fewer multifamily dwelling units or a lodging facility with six or fewer bedrooms.
B. Construction of facilities or structures for a nonresidential use covering no more than 2,500 square feet of building footprint.
C. Alteration of existing structures or expansion of such structures by no more than 2,000 square feet.
D. Conversion of existing structures totaling 5,000 square feet or less to another use.
E. Alteration or use of 10,000 square feet or less of land, with or without structures, for purposes of operating a business or other nonresidential use.
MOBILE HOMEA moveable or portable dwelling designed for year-round living, other than a modular or sectional home, connectable to utilities and designed so that it does not necessarily need a permanent foundation. A "mobile home" does not include recreational vehicles (RV) or travel trailers.
[Amended 11-4-2019 by L.L. No. 2-2019]
MOBILE HOME LOTA designated site for a specific total land area which is located within a mobile home park for the accommodation of one mobile home for its occupants.
MOBILE HOME PARKAny parcel of land which is planned and improved for the placement of two or more mobile homes which are used as dwellings and for occupancy of more than 90 consecutive days.
MOBILE HOME STANDA durable surface located on a mobile home lot which is to be used for the placement and capable of supporting a mobile home.
MODULAR PANELIZED HOMEHousing fabricated and assembled in a factory as sections or complete three-dimensional units, which are then shipped to the erection site, where they are joined and placed on a permanent foundation to form a permanent dwelling unit(s), and which meet all New York State requirements and standards concerning factory manufactured homes. For the purposes of this chapter, "modular panelized homes" shall not be considered a mobile home.
MOTOR VEHICLE SERVICEAny building, land area, or other premises used or intended to be used for the retail dispensing or sales of automotive fuels, which activity may be accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies, repairing of vehicles, not more than one towing vehicle or a single-bay car wash. A business providing wrecking services, parking or storing of more than six vehicles for hire, or the operation of more than one towing vehicle, shall not be deemed to meet the definition of "motor vehicle service."
[Added 11-4-2019 by L.L. No. 2-2019]
NEIGHBORHOOD CHARACTERAttributes or features that make up and distinguish the neighborhood or zone, as defined and interpreted by the Planning Board according to the Village of Chatham Comprehensive Plan.
[Added 11-4-2019 by L.L. No. 2-2019]
NONCONFORMING BULKThat part of a building, other structure or tract of land which does not conform to one or more of the applicable dimensional regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NONCONFORMING STRUCTURE OR LOTA structure or lot lawfully existing prior to the effective date of this chapter, or any amendment thereto affecting such structure or lot, which does not conform to the Density Control Schedule of this chapter for the district in which it is situated, irrespective of the use to which such structure or lot is put.
NONCONFORMING USEAny use of a building, structure, lot or land or part thereof lawfully existing prior to the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.
NON-NUISANCE INDUSTRYAny industrial use, including manufacturing, assembly, packaging, finishing, or treating of products, which is not defined in this chapter or otherwise specified in the use table, which conforms to all of the following: the industrial use shall not be detrimental to the environment in the processing of materials by reason of the emission of smoke, noise, odor, dust, vibration, chemicals, gas fumes, excessive light or waste materials, including hazardous waste, as defined by the NYS Department of Environmental Conservation. Such use shall be carried on completely within an enclosed structure or an accessory storage yard completely enclosed by a solid wall, fence, earth berm or landscaping.
[Amended 11-4-2019 by L.L. No. 2-2019]
NUDITYUncovered to less than opaquely covered postpubertal human genitals or pubic area, the postpubertal human female breast below the point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
NURSERY SCHOOLA building or structure, together with its lot and its accessory uses, however designated, that provides child care at any one time, with or without instruction, to more than three children unrelated to the operator(s). A child-care establishment, day-care center or similar facility shall be deemed a "nursery school."
[Amended 11-4-2019 by L.L. No. 2-2019]
NURSING HOMEAn intermediate or extended care facility licensed by the State of New York to provide full-time convalescent or chronic care of persons with, or recuperating from, illness or incapacity, where nursing services are provided, or for the accommodation and care of persons of advanced age.
[Amended 11-4-2019 by L.L. No. 2-2019]
OFFICE BUILDINGA structure containing offices for medical, utility or business activity.
OUTDOOR STORAGE AREAAny space used for the storage or keeping of equipment, building materials, machinery, vehicles, parts thereof or similar items that are not associated with a residential use.
OVERZONEA set of zoning requirements that is described in this chapter for an area that appears on the Zoning Map and is imposed in addition to the requirements of the underlying zones. Activities within the "overzone" must also conform to the requirements specified for the underlying district of the "overzone."
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or monetary charges and/or other consideration.
PARKING SPACEA stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PERMITTED USEA specific use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right.
PLANT NURSERYGrounds or structures used for the growing of plants for retail or wholesale purposes.
PREMISESA lot together with all the buildings and uses thereon.
PRINCIPAL STRUCTURE OR USEA structure or use that is the main structure or use of a lot as distinguished from a secondary or accessory structure or use.
PROHIBITED USEAny use which is not listed as a permitted, special permit or accessory use, as provided for in a particular district by this chapter.
PUBLIC STORAGE FACILITYAny building or group of buildings on a single parcel of land made up of individual storage cells which are rented or leased to individuals or businesses for storage of nonhazardous materials, personal property, and/or equipment.
[Added 11-4-2019 by L.L. No. 2-2019]
RECREATIONAL FACILITY/AREAAn area of land, including structures thereon, or any building or part thereof, that is used for recreational purposes. A "recreational area/facility" may be governmental or nonprofit operated, or may be a commercial business.
[Amended 11-4-2019 by L.L. No. 2-2019]
RECREATIONAL VEHICLE (RV)A vehicular-type portable shelter without permanent foundation, which can be towed, hauled or driven, and which is primarily designated as temporary living accommodations for recreational, camping and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
[Added 11-4-2019 by L.L. No. 2-2019]
REPAIR GARAGEA building other than a private garage used for adjustment, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.
RESEARCH INSTITUTE OR LABORATORYA building for experimentation in pure or applied research design and/or development and production of prototype machines or devices or of new products and uses accessory thereof; with respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a non-nuisance industry.
RESTAURANTAn establishment serving food and beverages for consumption either on the premises or for takeout, not including a retail food store, grocery store or supermarket. Does not meet the definition of a "casual dining restaurant" or a "fast food restaurant."
[Amended 11-4-2019 by L.L. No. 2-2019]
RESTAURANT (CASUAL DINING)An eating establishment dedicated to the preparation and serving of food and beverages either on- or off-premises which, by contractual, franchise, or other arrangement, established or recognized business practice or membership affiliation, and which has at least three of the following elemtns in common with a similar business at seven or more locations: (1) business name; (2) standardized menus, ingredients, food preparation, uniforms or other standardized features; (3) interior décor; (4) architecture or exterior signs; and (5) use of a trademark or logo.
[Added 11-4-2019 by L.L. No. 2-2019]
RESTAURANT (FAST FOOD)Any establishment whose principal business is the sale of food or beverages over the counter for consumption within the building or off-premises, and whose prinicpal method of operation includes (a) prepayment by the customer prior to receiving their meal; (b) sale of food and beverages in disposable wrappers or containers, and (c) service of food and beverages directly to a customer in a motor vehicle, and that, by contractual franchise or other arrangement, established or recognized business practice or member affiliation, has at least three of the following in common with a similar business at seven or more locations: (1) business name; (2) standardized menus, ingredients, food preparation, uniforms or other standardized features; (3) interior décor; (4) architecture or exterior signs; and (5) use of a trademark or logo.
[Added 11-4-2019 by L.L. No. 2-2019]
RETAIL BUSINESSAn establishment selling goods to the general public for personal and household consumption, including but not limited to an appliance store, bakery, drug store, florist, grocer, hardware store, liquor store, newsstand, shoe store, stationery store and variety store.
RETIREMENT COMMUNITYAny age-restricted development for adults 55 years and older, which may be in any housing form, including attached and detached dwelling units, apartments and residences, offering private and semiprivate rooms.
RIGHT-OF-WAYLand lying between property lines on opposite sides of the street, road or way.
SERVICE BUSINESSA business or nonprofit organization that provides services to the public, either on or off the premises, including but not limited to building, electrical, plumbing and landscape contracting, arts instruction or studio, auto repair, business and educational services, catering, health club, house cleaning services, locksmith, photocopying, repair and restoration services, tailoring, typing and word processing.
SETBACKThe distance in feet from a given point or line of reference to the nearest vertical wall or other element of a building or structure or use. (Note: See diagram at the end of this chapter.)
SIGNAny display or combination of lettering, symbols, graphics, devices, colors, lights and illuminated neon tubes, regardless of material and manner of composition or construction, which is visible to the public from outside of a building or from a public or private way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or goods, products, services or facilities available, either on the property or any other premises. This excludes displays of merchandise within the premises.
SIGN AREAThe square footage of the sign face(s), but excluding the supports if they are not used for advertising purposes. Both faces of a double-faced sign shall be included in determining the "area" of such a sign.
SIGN, ATTACHEDA sign attached to or incorporated in the exterior facade of a building.
SIGN, AWNINGA sign painted onto the cover or flap of a permanent or semipermanent cloth-covered frame, including movable awning of hinged, rolled or folding types.
SIGN, DETACHEDA freestanding sign affixed in or upon the ground that is not attached to or part of any building but separate and permanently affixed by another means in/or upon the ground.
SIGN, FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and/or color at all times while in use.
SIGN, ILLUMINATEDA sign lighted internally or externally by any artificial lighting source.
SIGN, MOVINGA sign which has visibly moving parts or which causes any part of the visible sign to move, rotate or produce noise or vapors.
SIGN, PROJECTINGA sign which is affixed perpendicular to the exterior facade of a building or structure which extends more than 10 inches but not greater than three feet six inches beyond the supporting surface to which it is affixed.
[Amended 11-4-2019 by L.L. No. 2-2019]
SIGN, REPRESENTATIONALAny three-dimensional sign which is built so as to physically represent the object advertised.
SIGN, ROOFA sign any part which is located above or projects above the roof line or is attached to the roof itself.
SIGN, SANDWICH BOARDA self-supporting two-sided sign in an A-frame configuration, not attached to any building or structure.
SIGN, TEMPORARYA sign erected for a period of not more than 30 days in any 12 months.
SIGN, WALLA sign which is incorporated or affixed parallel to the exterior facade of a building or structure which extends no more than 10 inches from the surface to which it is attached and does not extend beyond the sides of the building or structure.
SIGN, WINDOWA sign painted or affixed on glass or other window material or located inside within two feet of the window.
SINGLE-FAMILY, DETACHEDA single-family residence on an individual lot with private yards on all sides of the house.
SITE PLANA drawing, to scale, showing the boundaries of the parcel, all structures and uses, important physical features and other information as required by the applicable regulations involved.
[Amended 3-27-1997 by L.L. No. 1-1997]
SOLAR ENERGY SYSTEMAn arrangement designed to provide heating, cooling, hot water or electricity through the process of collecting, converting and storing the sun's rays and protecting against unnecessary dissipation of energy. Freestanding "solar energy systems" designed to provide energy to the principal use of a lot shall be considered an accessory to that principal use.
SPECIAL PERMIT USEA use requiring a special permit from the Planning Board, pursuant to the provisions of Article
VII.
STORYThat part of a building between a floor and the ceiling next above it, having a height of at least seven feet six inches. (See "attic," "basement" and "cellar.")
STORY, HALFThat portion of a building situated above a full story and having at least two exterior walls at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREETA public thoroughfare or right-of-way which affords principal means of access to abutting properties.
STREET LINEThe dividing line between a lot and a street right-of-way.
STRIP COMMERCIAL DEVELOPMENTThe layout of a commercial use or uses in separated or common-wall structures along a roadway, with more than one row of parking located between the roadway and the commercial building(s), where parking is visible from the road. The provision of gasoline pumps or other drive-up facilities in front of a building shall be considered to be equivalent to one row of parking.
STRUCTURAL ALTERATIONAny change in the interior or exterior structural members of a building, such as bearing walls, columns, beams or girders.
STRUCTUREAny construction which is fixed, erected or placed so as to be immobile or permanent, on or under the ground or upon another structure or building.
[Amended 11-4-2019 by L.L. No. 2-2019]
STRUCTURE (TEMPORARY)Any of a number of types off structures or assemblages of materials which may be fixed or mobile including, but not limited to, a tent, carport, gazebo, storage module or shed, and also including any vehicle being used for residential, work space or storage purposes, and which is erected or installed on a property for no more than 90 days continuously, and for no more than 120 days in a calendar year, and which is not employed to display commercial text, images or logos. Any structure or assemblage of said types not meeting the above definition shall be deemed a "structure" as defined in this chapter.
[Added 11-4-2019 by L.L. No. 2-2019]
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the existing structure. The term does not include improvements to comply with health, sanitary and safety codes necessary to assure safe living conditions.
TAVERN OR BARAn establishment licensed under the laws of New York State for the sale and consumption of alcoholic beverages on the premises.
TRAILER, TRAVELAny portable vehicle which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes and which may or may not include one or all of the accommodations and facilities included in a mobile home. For the purposes of this chapter, "travel trailers" shall be considered an accessory use.
TRANSIENTOccupancy or right of occupancy of not more than 30 consecutive days.
[Added 11-4-2019 by L.L. No. 2-2019]
USEThis term is employed in referring to:
A. The purpose for which any building, other structures or land may be arranged, designed, intended, maintained or occupied.
B. Any occupation, business activity or operation conducted or intended to be conducted in a building or other structure or on land.
USED CAR LOTAny place outside of a building where two or more used motor vehicles in operating condition are offered for sale or are displayed.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall be deemed to require a "use variance" if such increase is not allowed by right or by special permit.
VILLAGE CENTER DEVELOPMENTA pattern of settlement characterized by two-story or taller buildings set close together and close to the street (forming a street wall that encloses the street), with a pedestrian orientation (including sidewalks) and with off-street parking located behind or to the side of buildings.
WAREHOUSEA building, or part thereof, including existing structures, for storage only within the building interior of goods, wares, merchandise and materials for a particular establishment or user, and that is not made available for rental or use by the general public. No outdoor storage or display, other than permitted signs, is permitted in connection with a public warehouse.
[Amended 11-4-2019 by L.L. No. 2-2019]
YARD, FRONTThe area in the front of a lot situated between the nearest roofed portion of the principal building and the front lot line, extending from side lot line to side lot line. (Note: See diagram at the end of this chapter.)
YARD, REARA yard extending the width of a lot from sideline to sideline, between the rear lot line and the nearest part of a building on the lot. (Note: See diagram at the end of this chapter.) A corner lot has no "rear yard."
YARD, REQUIREDThat portion of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width specified by the bulk regulations of the district in which the lot is located. (Note: See diagram at the end of this chapter.)
YARD, SIDEAn open area on the same lot with a building situated between the building and the side lot line of the lot, extending through the front yard (or from the front lot line where no front yard exists) to the rear yard (or to the rear lot line where no rear yard exists.) (Note: See diagram at the end of this chapter.)