Unless otherwise expressly stated, the following terms shall for the purpose of this ordinance have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used":

Accessory: A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot.

Acre: An area containing 43,560 square feet.

Architectural design district: An overlay district which consists of structures of architectural and/or historical significance and subject to the requirements of article XV, entitled "Architectural Design District."

Basement: That portion of a building which is partly underground, but which has at least 50 percent of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement shall be considered in determining the permissible number of stories. (See also "Cellar.")

Bed and breakfast: An owner-occupied, single family dwelling providing overnight, transient accommodations and meals with up to nine rooms whether in the primary dwelling or in an approved accessory structure.

Billboard: A sign, including the type commonly known as a billboard, which directs attention to a business, commodity, service, entertainment or attraction, sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally upon such lot.

Buffer: A land area used to visibly and physically separate one use from another, or to shield or block noise, lights, or other nuisances. The "buffer" shall not be used or otherwise encroached upon by any paving or aboveground structure on the lot so as to provide for adequate separation and protection from otherwise unharmonious or incompatible uses. A buffer requirement shall include the required setback, but may exceed the required setback, and is measured at right angles from the lot line.

Building: Any structure, or extension thereof or addition thereto, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

Building height: The vertical distance measured from the average elevation of the proposed finished grade around the perimeter of the building to the highest point of the roof for flat roofs and mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Structures such as flagpoles, chimneys, mechanical appurtenances (including elevator machinery and air conditioning units), flues, and spires are exempt from height restrictions, provided they occupy not more than 20 percent of roof area.

Building length: The least horizontal distance between the furthermost walls of the building, including any carports and porches.

Bulk: The size and shape of building and nonbuilding uses, and the physical relationship of their exterior walls or their location to lot lines and other buildings or other walls of the same building, and all open spaces required in connection with a building. Bulk regulations include regulations dealing with lot area, lot area per dwelling unit, lot frontage, lot width, building height, required setbacks, courts, usable open space, spacing between buildings on a single lot and the length of buildings in a row.

Cellar: That portion of a building which is partly (or wholly) underground, but which has less than 50 percent of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A cellar shall not be considered in determining the permissible number of stories. (See also "Basement.")

Child day care center: A building or facility where care, protection, and supervision is provided for seven or more children, in accordance with a strict staff/child ratio, for more than three hours a day but less than 24 hours a day. Centers may be established as the sole use in an individual building, or as an accessory use in a church, school, or place of work, and run by an individual, association, corporation, or institution. All day care centers must be fully licensed by the New York State department of social services.

Cluster development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

Common recreation space: An unenclosed portion of the ground of a lot which is not devoted to driveways, parking spaces, required yards, streets, drainage rights-of-way, and playlot area; but which may include playgrounds, playfields, community facilities, and structures that are available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive recreation; provided, however, that any such common recreation space shall be subject to site plan approval by the planning board.

Conditional use: A use permitted in the particular district but only subject to appropriate conditions and safeguards as determined by the planning board subject to the requirements of article XI.

Conference center: A building with meeting facilities, hotel rooms, and food and beverage service. (See also "Hotel.")

Courtyard, inner: An open space and enclosed on all sides by exterior walls of a building.

Courtyard, outer: An open space enclosed on three sides by exterior walls of a building.

Courtyard, outer, depth of: The linear average dimension measured from the unenclosed side of the courtyard to the farthest wall thereof.

Courtyard, outer, width of: The linear dimension of the unenclosed side of the courtyard.

Coverage, building: The percentage of the area of the lot covered by a building or buildings.

Coverage, development: The percentage of the area of a lot covered by buildings, indoor and outdoor parking areas, accessory structures and any impervious materials.

Curb level: The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.

Deck: An open structure, generally above grade, that projects from the outside wall of a building.

Density, gross: The number of dwelling units per acre of land.

Designated wetland: Lands and submerged lands where standing water is retained for all or a portion of the year, delineated on the New York State department of environmental conservation maps or local agency maps, and commonly called marshes, swamps, sloughs, bogs or flats, including (1) any area which contains aquatic or semiaquatic vegetation which depends upon seasonal or permanent flooding, or sufficiently waterlogged soils, to give it a competitive advantage over other vegetation, (2) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi-aquatic that has died as a result of wet conditions over a period of time, provided that such wet conditions are expected to persist or recur indefinitely barring human intervention, (3) lands and water substantially enclosed by aquatic or semi-aquatic or dead vegetation as described in this paragraph the regulation of which is necessary to preserve the areas of aquatic and semi-aquatic or dead vegetation, and (4) the water overlying the areas set forth in this paragraph.

Dwelling: A building or part thereof which contains one or more dwelling units for permanent occupancy.

Dwelling, multiple: A building or portion thereof containing three or more dwelling units.

Dwelling, row or attached: A one-family dwelling with at least one common or party wall separating it from an adjacent unit on one or more sides.

Dwelling, two-family: A detached building containing two dwelling units only.

Dwelling unit: A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A house trailer, a boardinghouse or roominghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home shall not be deemed to constitute a "dwelling unit."

Eleemosynary institutions: Charitable institutions, or uses supported by or dependent upon charity.

Family: Any number of persons living together and doing their cooking as a single nonprofit housekeeping unit on the premises, as distinguished from a group occupying a boardinghouse or roominghouse, motel, or hotel.

Floor area, gross: The sum of the horizontal area of all stories of the building or buildings, measured from the exterior faces of exterior walls, or, in the case of a common wall separating two buildings, from the centerline of such a common wall, and including any basement space, attic space having a structural headroom of six feet or more, roofed breezeways, garages, cellar space with more than four feet in height, and any two-story or any enclosed porch, or one having a roof and capable of being enclosed.

Floor area, livable: Rooms utilized, occupied by one or more persons for living, eating, and/or sleeping, but does not include attached or built-in garages, open porches, breezeways, terraces, rooms below grade, or cellars. Livable floor area shall include all spaces not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit, and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from the finished floor level to ceiling level over 50 percent of the area of such attic space.

Floor area ratio: The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

Frontage, street: The length of any one property line of a lot, which property line abuts a legally accessible right-of-way. For corner lots, all sides of a lot adjacent to legally accessible rights-of-way shall be considered frontage.

Garage, automobile repair: An enclosed building designed and used for the storage, repair or finishing of motor vehicles including both minor and major mechanical overhauling, painting, and body work.

Gasoline service station: A building, structure or tract of land used for the retail sale of gasoline and other petroleum products; for the sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services, or the performance of routine automotive maintenance and repairs, but not including heavy automobile maintenance activities such as engine overhauls, automobile painting or body work. Gasoline service stations may also involve the retail sale of items such as prepackaged food and beverage products and household items. (See also "Garage, repair.")

Health club, fitness center: A membership facility designed, intended and used for physical conditioning activities.

Home occupation: An accessory use of a dwelling unit for gainful employment customarily conducted entirely within the main dwelling or an accessory building, by the residents thereof, which use is incidental and secondary to the use of the residence for dwelling purposes, is created and operated as a single business, does not change the character thereof, does not have any exterior evidence of such accessory use other than a permitted announcement sign, does not involve the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials and which does not involve the keeping of a stock in trade or the use of any chemical, mechanical or electrical equipment which is not customary to residential use.

Hotel: Any building, or portion thereof, containing ten or more rooms, without individual kitchen facilities, offering transient lodging accommodations on a fee basis to the general public, which rooms have primary access from communal halls.

House trailer: Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "house trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.

Household pet: Animal or animals that are customarily kept for personal use or enjoyment within the home. Household pets shall include domestic dogs, domestic cats, tropical birds, and rodents.

Indirectly illuminated: As it applies to the lighting of a sign, shall mean illumination which is provided by means of a light or lights only from concealed light sources outside the sign face which reflect from the sign face.

Lot: Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

Lot, corner: A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees.

Lot depth: The minimum distance from the street line of a lot to the rear lot line of such lot.

Lot line: Any boundary of a lot other than a street line.

Lot line, rear: The lot line generally opposite the street line. If the rear lot line is less than ten feet in length or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line parallel to the front lot line not less than ten feet long lying farthest from the front lot line.

Lot width: The 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.

Main floor: The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.

Manufacturing: Any process whereby the nature, size, or shape of articles is changed, or where articles are assembled or packaged.

Mixed use: A combination of uses located in the same building or structure, typically involving residential and nonresidential uses.

Motel: A building or group of buildings, whether detached or in connected units, containing individual guest units arranged or designed to be available for use as sleeping quarters only for transient motor vehicle travelers for compensation on a daily rental basis, or for vacationers or business persons on a weekly rental basis and where all guests and/or occupants at all times during their occupancy shall maintain permanent living quarters elsewhere but, in no event, shall occupancy exceed 60 consecutive days.

Noncomplying building: A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonconforming use: Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this ordinance or any amendments thereto affecting such use, which does not conform to the use requirements of this ordinance for the district in which it is located.

Parish house: A structure housing the offices and various accessory functions of a church.

Parking area: A lot or part thereof used for the storage of [or] parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

Parking space: An area on a lot or within a building intended for the use of temporary parking of a personal vehicle, having a means of access to a public street. This definition shall also apply to "parking stall."

Place of worship: A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of belief are held. The educational aspect of a religious use as defined here, including classrooms, is an integral and accessory part of the religious use and is not a physically or organizationally separate facility. Place of worship may include clergy offices, offices of the place of worship, meeting rooms to be utilized for various activities and community services offered or sponsored by the place of worship, social halls, (except that said social hall may not be utilized as a place of business for a commercial caterer), clergy or caretaker residence, day care and recreation areas.

Principal building: A building in which is conducted the main or principal use of the lot on which said building is located.

Rectory: The residence of the clergy accessory to a place of worship.

Retirement community: A residential development consisting of attached or detached dwelling units for retired persons, aged 55 years or older, not dependent upon continuous health care, and having support services for the exclusive use of the retirement community, such as dietary and food services, security, grounds maintenance, group activities, and housekeeping. Retirement communities may have certain ancillary facilities (see section 12.1.15 [12.1.16] entitled "Adult retirement communities") which shall be owned and operated by the retirement community for its exclusive use.

Satellite dish antenna: A device or instrument, designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite which incorporates a reflective surface that is solid, open mesh or bar configured, and is in the shape of a shallow dish, cone, horn, or cornucopia.

Senior citizen housing: A residential facility for four or more elderly persons (age 55 or older) within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.

Sign: Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, flag, insignia, device or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, a string of lights or a similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting, or fishing.

Sign, ground: A separate sign rising up from a ground foundation and not over eight (8) feet in height from average ground level to the top of the sign.

Sign area: Shall include all faces of a sign measured as follows:

(a)

When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

(b)

When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.

Story: That portion of a building included between the surface of any finished floor and the level of the next highest finished floor, or, if there be no floor above it, the space between such floor and the ceiling above it. Basements shall be considered as a story; however, cellars shall be excluded from the above definition.

Story, half: Any space partially within the roof framing between the finished floor and the structural ceiling level where the clear height of 50 percent or less of such space is seven feet six inches or more.

Street: A street which is one of the following: an existing village, town, county or state highway or street; a street shown on an approved subdivision final plat; a street shown on a map filed with the county clerk (in accordance with Village Law § 7-736) prior to planning board authorization to review subdivisions; a street shown on the village official map.

Street line: The dividing line between a lot and a street.

Structural alteration: Any change in the supporting members of a building, such as beams, columns, or girders.

Structure: A combination of materials constructed, assembled or erected on, above or below the ground or attached to something having location on, above or below the ground, including, but not limited to, buildings, flagpoles, fences, tanks, antenna, towers and swimming pools.

Usable open space: An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25 percent is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation.

Use, accessory: A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" be conducted in a principal or accessory building.

Yard, front: A unoccupied ground area fully open to the sky between the street line, or by the street line established by the official map of the village, or an approved subdivision plat, and a line drawn parallel thereto.

Yard, rear: A unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.

Yard, side: A unoccupied ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards.

(L.L. No. 10-1992, § 2, 8-31-92; L.L. No. 5-2001, § 8, 12-17-01; L.L. No. 2-2002, § 2, 4-22-02; L.L. No. 6-2012, § 3, 9-10-12; L.L. No. 6-2020, § 3, 4-20-20; L.L. No. 3-2021, § 3, 8-23-21; L.L. No. 3-2023, § 3, 5-8-23)