As used in this chapter, the following words shall have the meanings indicated:
ACCESSORY BUILDING OR USEA building or use customarily incidental and subordinate to the principal building or use and located on the same lot with the principal building or use. Any accessory building attached to a principal building is deemed to be part of the principal building in applying the bulk requirements to the building.
ADMINISTRATIVE OFFICERThe person duly designated by the Village Board who shall be responsible as the agent of the Village Board for the administration and enforcement of this Chapter
140, Zoning.
ADULT ENTERTAINMENT BUSINESSIncludes:
(1) ADULT BOOKSTOREAn establishment having, as a significant portion of its stock-in-trade, books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(2) ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(3) ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(4) ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
AGRICULTUREThe use of land for agricultural purposes, including farming, horticulture, floriculture, silviculture, animal husbandry and such accessory uses incidental to agricultural activities.
BASEMENTA story partly underground and having on the average of all four exterior walls 1/2 or more of its height above the average level of the surrounding finished grade. See "cellar."
BED-AND-BREAKFASTA residential dwelling that makes available a room(s) for overnight accommodation to transient paying guests with or without inclusion of one daily morning meal per paying guest as part of the accommodation provided.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the shed grade around the building to the highest point of the roof for flat or mansard roofs or to the average height of pitched, gable, hip or gambrel roofs.
BUILDING PERMITA permit issued by the administrative officer to enable the construction, or alteration of a building to begin. The permit shall only be issued after the proper documentation and information have been submitted and necessary approvals have been granted.
BULKThe size and shape of buildings and nonbuilding uses and the physical relationship of their exterior walls to lot lines and other buildings or walls and all open spaces required in connection with a building. Bulk requirements include lot area, lot area per dwelling unit, lot frontage, lot width, setbacks, yards, building heights, spacing between buildings on a single lot, density and the number of buildings in a row.
CAR WASH, AUTOMATICA facility where the car is cleaned by machinery not operated by the customer.
CAR WASH, COINA facility where the machinery is manually operated by the customer.
CELLARA story partly underground and having on the average of all four exterior walls more than 1/2 of its height below the average level of the surrounding finished grade.
CERTIFICATE OF OCCUPANCYA certificate issued by the administrative officer upon completion of the construction or alteration of a building. It is also required for a change in use. The certificate indicates compliance with all requirements of this chapter.
DEVELOPMENT PLAN, SITEA plan for the improvement and development of single-family attached, multifamily, commercial, office, industrial and institutional properties. The plan shall be submitted to and approval obtained from the Planning Board prior to the issuance of a building permit.
DOMESTIC ANIMALThe keeping of five or more cats; the keeping of four or more dogs; or any number of horses, cattle, pigeons, fowl, rabbits, sheep, goats, pigs or other customary farm animals; or beehives; or animals customarily kept in zoos; or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet shops.
[Amended 12-12-2023 by L.L. No. 1-2023]
DWELLING UNITA building or portion thereof, which normally includes the kitchen and bathroom facilities and sleeping and living quarters, used by one family.
DWELLING UNIT, MULTIFAMILYA building containing three or more separate dwelling units constituting a single proprietary or operating unit.
DWELLING UNIT, TWO-FAMILY DETACHED/SEMIATTACHEDA building designed and used exclusively for occupancy for two families living independently of each other, including a duplex (one dwelling unit above the other) or a twin (one dwelling unit beside the other and sharing a party wall) and which is separated from lot lines or other buildings by open space on all sides.
EASEMENTAny authorization by a property owner for the use by another, for a specified purpose, of any designated portion of a lot.
FAMILYAny number of individuals related by blood, marriage or adoption: or any number of individuals not related by blood, marriage or adoption living together and who meet the indicia for a functional and factual family equivalent.
FUNCTIONAL AND FACTUAL FAMILY EQUIVALENTA group of unrelated individuals living together and functioning together as a traditional family. In determining whether or not a group of unrelated individuals comprise a functional and factual family equivalent, the Zoning Board of Appeals may consider the following factors:
(1) Whether the occupants share the entire dwelling unit or act as separate roomers.
(2) Whether the household has stability akin to a permanent family structure. The criteria used to determine this test may include the following:
(a) Length of stay together among the occupants in the current dwelling unit or other dwelling units.
(b) The presence of minor dependent children regularly residing in the household.
(c) The presence of one individual acting as head of household.
(d) Proof of sharing expenses for food, rent or ownership costs, utilities and other household expenses.
(e) Common ownership of furniture and appliances among the members of the household.
(f) Whether the household is a temporary living arrangement or a framework for transient living.
(g) Whether the composition of the household changes from year to year.
(h) Any other factor reasonably related to whether or not the group of persons is the is the functional equivalent of a family.
GARAGE, ATTACHEDA garage having a common wall or portion thereof with a principal residential building and used for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GARAGE, PRIVATE DETACHEDA building used as an accessory use to a principal residential building for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GASOLINE SERVICE STATIONAny building or land that is used for the sale of motor fuel, oil and motor vehicle accessories and which may or may not include facilities for minor repairs of motor vehicles, an accessory food store or accessory vehicular sales/rental. Includes facilities not selling gasoline but specializing in oil and other automobile fluid changes.
GRADE, FINISHEDThe completed surface of grounds, lawns, walks, paved areas and roads brought to grade as shown on plans and designs related thereto in existence at the time the certificate of occupancy is issued.
GROUP HOMES AND COMMUNITY RESIDENCESA family type home facility which provides temporary or long-term residential care and services to persons who, though not requiring continual medical or nursing care, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling, employing the inhabitants and not more than one noninhabitant thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof nor, with the exception of a permitted sign, have any exterior evidence of such secondary use. Permitted home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, teacher, tutor, beautician, barber, tailor, dressmaker and repairman, excluding the repair of motor vehicles. Specifically excluded are:
(1) Indoor and outdoor storage or display of merchandise not produced by such home occupation.
(3) Use of property as a dropoff point for merchandise not produced by such home occupation.
(4) Selling of merchandise not produced by such home occupation.
(5) Storage of equipment and machinery visible from off the lot on which the home occupation is located.
HOUSEHOLDAny number of persons living together who meet the indicia for a functional equivalent of a traditional family.
INSTITUTIONSIncludes all government and publicly owned buildings, private and public schools of general education, public community centers, cemeteries, firehouses, hospitals, nursing homes, churches, synagogues, temples, parish houses, convents, mosques and seminaries affiliated with a recognized religious organization.
JUNKYARDAn area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded material such as wastepaper, rags or scrap material, used building materials, home furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other uses of the same.
LOADING AREAAn off-street area used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTA parcel of land occupied or capable of being occupied.
LOT DEPTHThe average horizontal distance between the front and rear lot lines. Measurements shall be from the street right-of-way line to the opposite rear line.
LOT LINEAny boundary other than a street line.
LOT LINE, FRONTA lot line which abuts and is a common boundary with a street or future street right-of-way.
LOT SIZEThe total area within the property lines, excluding any portion lying within the boundaries of a public street or future street right-of-way.
LOT WIDTHThe average horizontal distance measured at right angles to its depth along the front building line.
LOT, CORNERA lot located at the intersection of two or more streets or future street rights-of-way.
MOBILE HOMEA one-family detached dwelling unit with all of the following characteristics:
(1) Designed for long-term occupancy and containing sleeping accommodations and bathroom and kitchen facilities.
(2) Designed to be transported on its own wheels after fabrication.
(3) Designed to be installed with only minor and incidental unpacking and assembly operations, located on a support structure and connected to utilities.
(4) Includes both single-wide and double-wide mobile homes.
MOTOR VEHICLE REPAIR GARAGEA building used or designed to be used for motor vehicle repair purposes, but does not include body and fender work or painting of vehicles. A repair garage is a permitted accessory use to vehicle sales and rental establishments. As an accessory use to vehicle sales and rental establishments, repairs, body and fender work and painting shall be permitted.
NONCONFORMING BULKAny building, land or part thereof, lawfully existing at the effective date of this chapter, which does not meet the bulk requirements for the use and for the district in which it is located.
NONCONFORMING USEAny building or lot lawfully existing at the effective date of this chapter which does not conform to the use requirements of the district in which it is located.
OFF-STREET CAR RESERVOIRThe area at the entrance of a venue or a parking or loading area that allows for cars to stack, off of the public roadway, while waiting for entrance into the venue or parking or loading area.
[Added 2-23-2021 by L.L. No. 1-2021]
OPEN-AIR/DRIVE-IN THEATERAny theater area accommodating guests by providing a parking area, outdoor seating or a combination of both for the purpose of viewing a common screen, stage or arena.
[Added 2-23-2021 by L.L. No. 1-2021]
OPEN STORAGEThe keeping of goods, wares, supplies or equipment outside of any roofed and walled building.
PARAPET WALLThat portion of a building wall that rises above the level of the roof.
RESTAURANTA business for the sale and on-premises consumption of food and beverages, including alcoholic beverages.
RESTAURANT, FAST-FOODA business for the quick counter service of food in a packaged form where the patron has the option to consume the packaged food on or off the premises.
RETAIL OR PERSONAL SERVICE STORES AND SHOPS"Retail" shall include the sales of retail goods and department stores, excluding any vehicular sales and servicing. There shall be no fabrication or manufacturing except as may be accessory to and on the same premises as the principal retail store or shop. Such fabrication or manufacturing as an accessory use shall be conducted within a structure and shall occupy not more than 20% of the total floor area of buildings used as a permitted use. "Personal service" shall include beauty and barbershops, shoe repairs and other similar services of a personal nature.
REZONING PETITIONA formal request to the Village Board to have the Zoning Map amended.
SEQRANew York State Environmental Quality Review Act.
SETBACKThe minimum distance between a principal building or use and the property line of the lot.
SETBACK, SIDEThe setback to any property line other than a street or rear lot line.
SETBACK, STREETThe setback to the street or front lot line. On corner lots, both yards bordering the street shall be considered as street setbacks. Such street setback shall be measured from the public right-of-way.
SHOPPING CENTERA group of three or more stores, shops or similar businesses offering a variety of goods and services, occupying adjoining structures, whether attached or detached, having a common interrelated parking, loading and site circulation system with consolidated access to public roads. Gasoline service stations and fast-food restaurants are permitted accessory uses in a shopping center.
SIGNAny identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution or business, including any emblem, painting or placard designed to advertise, identify or convey information.
SIGN AREAThe area of the sign, including any frame, but excluding the necessary supports on which the sign may be placed. If the sign consists of more than one section, all areas will be totaled.
SIGN, ADVERTISINGA sign which directs attention to a business, industry, profession, commodity, service or entertainment, neither sold nor offered upon the same premises where the sign is located; also includes billboards.
SIGN, BUSINESSA sign which directs attention to a commercial use, industry, profession, commodity or service sold or offered upon the same premises where the sign is located. All signs must conform to the regulations in §
140-53.
SIGN, DIRECTIONALAny sign which serves solely to designate the location or direction of any place or area.
SIGN, GROUNDA sign erected on a freestanding frame, mast or pole. A sign affixed perpendicular to a building wall shall be considered a ground sign if the sign projects more than 18 inches from the wall.
SIGN, INFORMATIONALA sign used for the purpose of identifying the name or location of an institutional use, outdoor recreational use, nursery and greenhouse uses, kennel and stable uses, publicly owned buildings and uses and public utilities. The sign shall not exceed 16 square feet in area.
SIGN, PORTABLEAny sign not permanently attached to the ground or to a building.
SIGN, ROOFAny sign erected upon or directly above a roof or on top or above the parapet of a building and not extending below the roofline.
SIGN, WALLA sign attached to, erected against or painted directly on the wall of a principal building with the face in a plane parallel to the plane of the building wall and not extending more than 18 inches from the wall.
SITE PLAN REVIEWAuthority delegated to the Planning Board by the Village Board which enables the Planning Board to approve, approve with conditions or disapprove the site development plans for all buildings or uses where site plan review is required.
SPECIFIED ANATOMICAL AREAS(1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse or sodomy.
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
STACKING SPACEA temporary space to be used by motorists while waiting to use drive-in units, car washes, gas pumps or other similar uses.
STORYPart of a building which is between one floor level and the next higher floor level, or if there is no floor above it, the roof.
STREETIncludes the words "road" and "highway" and includes all drivestrips, malls, sidewalks and other appurtenances located within the right-of-way of the street.
STREET FRONTAGEThe lot lines which abut a public street or right-of-way of a planned street.
STRUCTUREAny construction above or below the ground, except as excluded in this chapter.
THEATERAny building or area used for dramatic performances, including live performances, and/or the showing of motion pictures.
[Added 2-23-2021 by L.L. No. 1-2021]
TRAILERIncludes any travel trailer, camper, motor home or mobile office identified by the manufacturer as such, and including any vehicle used as sleeping or living quarters, on wheels, supports or truck, either self-propelled or towed, and no more than 10 feet in width; also includes vehicles customarily towed by automobile or truck for the purpose of transporting goods, personal property, machinery, boats, camping equipment or other vehicles.
USEThe purpose for which land or a building is designed, arranged, intended, used or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, CHANGE OFAny change in the type or nature of occupancy of a building or land, except the following:
(1) A change in the volume of use without any physical extension of sales and/or service area.
(2) An expansion or substitution of accessory or incidental uses in connection with the established principal use, except that in no case shall such an accessory or incidental use dominate in area or purpose the principal lawful use.
(4) A change to a generically similar use.
VIDEO MACHINE ARCADEAn amusement center having coin-operated video machines for entertainment. A video machine arcade is an indoor recreation facility.
VILLAGE BOARDThe elected legislative body, Village of Deposit, New York.
YARD, REARA required yard extending the full width of the lot and situated along the rear lot line to the side lot lines of the lot.
YARD, REQUIREDOpen and unobstructed area of the lot, extending inward from a lot line the distance specified in the requirements for the district in which the lot is located.
YARD, SIDEA required yard extending along the side lot line from the required street setback to the required rear yard. On corner lots, the side facing the street shall maintain the street setback.