Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY BUILDING OR STRUCTUREA building or structure which is customarily incidental or subordinate to a principal building or structure on the same property. In general, the primary use of the applicable property is not carried on in the accessory structure. Accessory buildings are detached from the primary building or structure. Examples of accessory buildings include, but are not limited to, garages, decks, fences, arbors, gazebos, heat pumps, workshops, and other structures. Excluded are at-grade driveways, paths, walkways and parking areas, and movable twenty-pound liquid propane tanks.
ACCESSORY USEAny use of property or of a building or structure on any property serving a purpose which is customarily incidental or subordinate to the principal use of such property, building or structure and located on the same lot with the principal use.
ALTERATIONAs applied to any use (including any accessory use), building (including any accessory structure), structure or property, a change in use or occupancy or a physical change to such building, structure or property, including any rearrangement of the structural parts of a building or in the exit facilities thereof or an enlargement thereof, whether by extending on a side or by increasing in height or moving from one location to another. Alteration does not include normal building or structure maintenance and repair. Alterations may or may not require approval by the Planning Board, but property owners should check with the Building Inspector before preparing project plans or commencing any development. Alterations include, but are not limited to, the following: changes in use or occupancy at a property or in a building, changes to the exterior of a building, changes to the interior of a building, increases or decreases in floor area of a building or structure or the floor area of a building or structure dedicated to a particular use, changes to other structures on a property, or the development of new structures or uses on a property and changes to exterior improvements. The term "alter" in its various modes and tenses and its participle form refers to the making of an alteration. As used in this chapter, "remodel" is synonymous with this definition.
APARTMENTA room or grouping of rooms arranged and designed with provisions for cooking, living, sanitary and sleeping facilities such that it is suitable for occupancy for a single family on a long-term basis as their principal residence during the period of such occupancy, or which, however arranged or designed, is in fact being used for such purpose. An entire single-family residence, as herein defined, regardless of its actual occupancy or use, shall not constitute an apartment unit. Any unit in a condominium or residential cooperative shall be deemed an apartment and not a single-family residence.
AQUACULTUREThe farming or culture of fish, shellfish, other animals or aquatic plants (including kelp and other seaweeds) in fresh or saltwater areas and may include fish hatcheries, rearing pens and structures and shellfish rafts, as well as use of natural spawning and rearing or farming areas. The term "aquaculture" also includes activities related to either growing, handling, or harvesting of aquatic produce, such as fish, crab, shellfish, kelp or other aquatic plants, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures, and may further include research into, and the production of, food, animal feed, organic fertilizer, biofuels and other sustainable products from aquatic plants.
BACKGROUND MUSICAmplified recorded music that is principally played at low volumes and is not intended to be the primary attraction or purpose for patrons to frequent any establishment or business, but rather to provide background to enhance the other commercial use(s) of such establishment or business.
BANKSA financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments and fiduciary activities.
BARA use or establishment which is primarily engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to the regulatory authority of the New York State Liquor Authority. The accessory or incidental sale of food or snacks shall not entitle such a use or establishment to be considered a restaurant under the provisions of the Code, but to the extent that the relevant establishment routinely removes or relocates tables and chairs to permit dancing or the establishment of an area for dancing, such actions shall constitute the creation of a nightclub use subject to the applicable provisions of the Code unless the owner of such business shall have received an entertainment permit for such activity. Entertainment or catered events shall be permitted with an entertainment permit issued pursuant to §
150-51 and are otherwise subject to the provisions of Chapter
88 and §
150-51. A building or portion thereof that is designed for use as a cocktail bar, wine bar, pub or tavern shall be deemed to be a bar and included in this definition.
BASEMENTAn area in a building, the structural ceiling level of which is four feet or more above the average level of the finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below the finished grade at any point on the periphery of the building.
BILLBOARDA 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.
BOATYARDA waterfront facility servicing any type of watercraft, as well as providing supplies, provisions, storage and/or fueling facilities, with or without facilities for the retail sale of boats, motors and marine equipment.
BUILDINGA structure with a roof supported by columns, posts or walls which is intended for the shelter, housing or enclosure of persons, animals or chattel. An aboveground tank for the storage of gas or liquid shall be deemed to be a building. Every building is also a structure.
BUILDING INSPECTORThe person who enforces the building codes and regulations for the Village, and other codes and regulations, as appointed by the Board of Trustees of the Village pursuant to §
53-3.
CATERED EVENTA private gathering of people at a property, with a list of invitees, who are coming together for an event to celebrate, or for the benefit of, an individual or individuals or a group organization or to raise money for a qualified not-for-profit organization, that has no product sponsorship and which is not for commercial gain. For the avoidance of doubt, the hosting of a wedding, birthday party, reunion, anniversary party and the like shall constitute a catered event where arrangements have been made in advance with the relevant business for the hosting of such event.
CELLARAny space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.
CHANGE OF CONTROLWith respect to any business, entity or property, the occurrence of any event whereby any person or entity becomes a controlling person in respect of such business entity or property that was not previously a controlling person in respect of such business, entity or property.
CODE VIOLATIONAny violation by any person, business, entity or property of this chapter, Chapter
65 (Fire Prevention and Building Construction) of this Code, Chapter
88 (Noise) of this Code, any applicable state laws governing any business, person or entity holding a liquor license issued by the New York State Liquor Authority or any applicable provision of the New York State Uniform Fire Prevention and Building Code.
COMMERCIAL LAUNDRYThe use of a building, structure or any portion thereof as a laundry in which clothing, linens, rugs, rags and similar cloth items are cleaned solely for business clientele or as a wholesale service.
COMMUNITY IMPACT REPORTA detailed, written report that evaluates the potential impact of a proposed application on the Village and the residential community. Such report shall include a statement as to why, in the applicant's opinion, the proposed conditional use and/or site plan, as applicable, is in the public interest as well as providing data and opinions (to the extent applicable to a particular application) addressing the following:
(1) The criteria applicable to conditional use and/or site plan approval as set forth in §
150-30 or
150-31, as applicable;
(2) A detailed description of the proposed hours and days of operation of the applicable property and businesses located thereon throughout the year and a statement as to what benefits (if any) a proposed conditional use and/or site plan provides to the full-time year-round residential community of the Village;
(3) An analysis of the number of persons that the business that is the subject of such application is likely to employ and the plan for attracting/recruiting and housing such employees;
(4) An analysis of the potential impact of the proposed use of the relevant property on housing affordability (if any) in the Village;
(5) An analysis of the fiscal impact of the proposed conditional use and/or applicable site plan on the Village, including on property values in the surrounding neighborhood and any immediately adjacent residential neighborhood, potential impacts on revenues from property taxation and other potential revenue effects on the Village;
(6) An analysis of the impact of the proposed use and/or site plan on public sewer facilities, public water facilities, noise, odors, lighting and dark skies and other environmental impacts in respect of the proposed location of such use as well as neighborhoods located within 500 feet of such proposed use;
(7) An analysis of the effect on the safety of pedestrian and vehicular traffic in the proposed location of such use and/or site plan and in the immediately surrounding neighborhood; and
(8) An analysis of the impact of such proposed use and/or site plan on public services such as police protection, fire protection, emergency services, waste disposal and street maintenance services.
CONDOMINIUMAn apartment house or houses, the apartments or dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his apartment independent of the owners of the other apartments in the building or buildings.
CONTROLLING PERSONWith respect to any business, entity or property, any person or entity with the possession, directly or indirectly, of the power to direct, manage, oversee and/or restrict the conduct of business by such business, entity or property or cause the direction of the management and policies of such business, entity or property, whether by voting securities, ownership interests or contract. Any person or entity that owns more than 15% of any business, entity or property shall be deemed to be a controlling person in respect of such business, entity or property unless there is clear and demonstrable evidence to the contrary.
COURT, INNERAn open space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open space enclosed on three sides by exterior walls of a building.
CURB LEVELThe established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
DANCEMovement of the human body, accompanied by music or rhythm.
DEVELOPMENT, DEVELOPMENT ACTIVITIESAny of the following:
(1) A man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials;
(2) A conversion of any residential building or structure to a nonresidential use having a total nonresidential use of more than 200 square feet; or
(3) A proposal for the use of any portion of any building or structure located in the CR Commercial Retail District as an apartment dwelling unit pursuant to §
150-19A.
DISORDERLY CONDUCTAny of the following: consumption of alcoholic beverages on public property, public drunkenness, littering, fighting and such other conduct that constitutes a public nuisance or violation of law.
DWELLING UNITA building, or portion thereof, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.
ENTERTAINMENTAny single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen or participate or that is conducted for the purpose of holding or gaining the attention of, or diverting or amusing, guests, including, but not limited, to: 1) presentations by single or multiple performers, such as musical song or dance acts and concerts; 2) dancing to live or recorded music; or 3) the presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey," provided that background music shall not constitute entertainment.
EXCURSION BOATA vessel used on a commercial basis to take passengers to sea from any port or place within the Village and which returns those passengers to the point of origin without an intervening stop at any port or other land not located in the Village. As used herein, the term "to sea" shall mean into any harbor, bay or other waters within or adjoining the Village. The term shall include a vessel employed on a commercial basis for party fishing trips, a vessel used for sight-seeing trips or tours or a vessel used for a dinner or sunset cruise or other similar recreational purposes. An excursion boat does not include a vessel carrying fewer than five passengers on an occasional basis only, nor does an excursion boat include a ferry.
EXEMPTED USEAny use that is either 1) the use of the applicable property as of the effective date of Local Law 3 of 2023, but only to the extent that such use is not subject to a substantial expansion, or 2) solely with respect to the CR Retail Commercial District, any use permitted pursuant to §
150-9A (Permitted uses). The exemption under clause 1) applies regardless of whether the applicable business operating such use as of the effective date of Local Law 3 of 2023 has been sold, leased or is otherwise being operated by a different person or persons than those operating such business as of the effective date of Local Law 3 of 2023, but only for so long as it has not been the subject of a substantial expansion.
FAMILY(1) The following shall constitute a family hereunder:
(a) Any number of persons occupying a dwelling unit, provided that all are related by blood, marriage or legal adoption; and provided further that they live and cook together as a single housekeeping unit; or
(b) Any number of persons not exceeding five occupying a dwelling unit and living and cooking together as a single housekeeping unit, where not all are related by blood, marriage or legal adoption.
(2) A group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a family.
(3) A group of unrelated persons numbering more than five and occupying a dwelling unit shall be presumed not to constitute a family. The presumption can be overcome only by showing that the group constitutes the functional equivalent of a family. A determination as to the status of such a group may be made in the first instance by the Building Inspector or an appeal from an order, requirement, decision or determination made by her/him by the Board of Appeals.
(4) Persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a family.
FENCEA vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without or intended to be used as a visual screen.
FERRYA vessel used in the business of carrying passengers between any port or place in the Village and any other port or place outside of the Village. An excursion boat shall not constitute a ferry, nor shall a ferry constitute an excursion boat.
FERRY CAPACITYThe number of persons which a vessel used as a ferry may lawfully carry as passengers, under the rules and regulations of the United States Coast Guard or other regulating authority then in effect. As applied to a passenger ferry terminal, this term shall mean the maximum number of passengers which could have departed from the terminal on publicly scheduled trips under a "best day" condition. Ferry passenger capacity for a ferry terminal under a "best day" condition shall be calculated as follows: 1) determine the passenger capacity of any ferry departing from the terminal on a given calendar day (midnight to midnight); 2) multiply this passenger capacity by the number of departures made by that ferry from the terminal on that day; and 3) add to this number the products of one multiplied by two for every other ferry departing from the terminal on that same day. The use of this formula is subject to the following provisos:
(1) The day used in making this calculation shall be that which yields the highest number for the terminal's ferry passenger capacity (i.e., the "best day" in terms of the potential number of ferry passengers departing the terminal on publicly scheduled trips).
(2) Each ferry whose departure is used in making this calculation shall be a ferry which regularly docks at or uses the ferry terminal.
(3) Each departure used in making this calculation shall be a bona fide departure open to the public and shown on the passenger ferry's published sailing schedule.
FERRY TERMINALAny dock, wharf, pier or other place at which a ferry embarks or disembarks passengers, including ticket offices, parking areas and all other related facilities.
FISH PROCESSINGThe readying of fish or shellfish for shipping to market, including icing, cleaning, filleting, shucking and the cooking of crabs or lobster.
FISHING STATIONA shorefront business renting or selling bait, tackle, boats or other supplies and equipment to anglers for use on the site or at nearby locations; or any private property on which members of the public are charged a fee to fish from a dock, a pier or the shore.
FITNESS FACILITYThe use of a building, structure, property or any portion thereof that is intended to provide members of the public with facilities for aerobics, fitness training, dance, martial arts, self-defense, yoga, Pilates or other similar exercise activities or instruction thereof.
FLOORThe top surface of the continuous, weight-bearing construction within a structure or building upon which persons or objects stand, e.g., the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction. A floor may be found at each level or story of a building or structure, including the basement or cellar.
FLOOR AREAThe sum of the horizontal areas of floors of a building or structure measured from the exterior face of exterior walls where such building or structure is covered by a roof.
FLOOR AREA, LIVABLESpace in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility are not considered livable floor area.
FORMULA BUSINESSExcept for a professional service establishment (such as a professional office, insurance agent, bank or financial institution), a class of retail or wholesale establishment, including, but not limited to, a convenience store, retail store, wholesale store, restaurant, bar, take-out food establishment or tasting room or a hotel or motel that, along with 15 or more other establishments, regardless of location in the United States, is required by contractual or other business arrangements to maintain any two or more of the following substantially identical features:
(1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings;
(2) Trademark or service mark, defined as a word, phrase, symbol or designs that identify and distinguish the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices;
(3) Standardized interior decor, including, but not limited to, style of furniture, wall coverings, displays, window treatments or permanent fixtures;
(4) Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage and the like, visible from the exterior of the structure;
(5) Standardized uniform, including, but not limited to, aprons, pants, shorts, shirts, smocks or dresses, hat and pins (other than name tags); or
(6) Standardized building facade, floor area design or layout.
FRATERNAL LODGEThe use of a property or part of a property for the purposes of a society or association organized and operated on a nonprofit basis exclusively for social welfare, civic improvement or recreational activities or for any other similar purpose, provided that no business which would otherwise be classified as a restaurant, bar, nightclub, motel, take-out food establishment or tasting room shall constitute a fraternal lodge unless the sale of food and/or beverages and/or the providing of entertainment by such business is solely incidental to the primary purpose of the use of such property for social welfare, civic improvement or recreational activities or other similar purposes. A fraternal lodge shall be permitted to host entertainment and catered events as an accessory use.
FRONTAGEThe length of a lot line which directly abuts a street. A lot is deemed to front on a street if it directly abuts (i.e., touches) the street.
GALLERYA use or establishment that involves as its primary purpose the sale of art or unique pieces created by artists or artisans, including, but not limited to, painters, sculptors, etchers, carvers, weavers, photographers, potters, jewelers, etc.
HABITABLE BUILDINGA building which contains one or more dwelling units, such as a single-family residence, a multifamily residence or a motel or hotel.
HEIGHTThe vertical distance measured from the natural ground elevation to the highest point of the highest finished roof thereof or, in the case of a structure, to the highest point. No part of any chimney, extending not more than five feet above the maximum permitted height, shall be included in the computation of building height.
HOSPITALAn institution, place or building licensed by the New York State Health Department which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence and care during and after illness. The term "hospital" may include a sanitarium and facilities for the treatment of substance use and mental health conditions for patients who are treated or cared for under the supervision of licensed medical personnel so long as this is not the primary use of such institution, place or building and such institution, place or building includes intensive care facilities, laboratory facilities for blood work and testing and radiological services, and customary emergency medicine facilities for the treatment of a broad spectrum of illnesses and injuries, including life-threatening illnesses and injuries resulting from accidents, casualty and trauma events.
HOUSE TRAILERAny 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 mounted on temporary or permanent foundations with the wheels removed.
JUNKYARDOpen area occupied by salvage, storage of used machinery, metal parts or abandoned or partially dismantled automobiles.
LOTA parcel of land of any size whatsoever that is occupied or capable of being occupied by one or more principal buildings and accessory buildings or uses regardless of whether any particular use, building or structure is permitted thereon under the provisions of this Code.
LOT AREAThe total horizontal area contained within and enclosed by the outer boundary lines of any lot; provided, however, that for any purpose for which it must be calculated under the provisions of this chapter, "lot area" shall not include the following:
(1) That portion of a lot which is seaward of the mean high water mark;
(2) Any area within a public street, road or right-of-way;
(3) That portion of a lot which is wetland or watercourse.
LOT COVERAGEThe percentage of lot area covered by any structure or building measured to the furthest extent of the roof, excluding all portions of eaves and overhangs extending not more than two feet horizontally from the exterior wall. Lot coverage is computed by dividing the area of structures into lot area. Swimming pools are included for lot coverage calculations. Excluded from lot coverage are at-grade driveways, paths, walkways and parking areas, subterranean structures not visible from above, and movable twenty-pound liquid propane tanks.
LOT DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINEA line forming the boundary between one lot or parcel of land and a lawfully separate lot or parcel, including the right-of-way of any public or private street; a property boundary.
LOT LINE, FRONTA street right-of-way line at the front of a lot, except that in the case of a waterfront lot, any waterfront lot line shall be considered a front lot line. A lot which fronts on more than one street, such as a corner lot, may have more than one front lot line.
LOT LINE, REARThe lot line generally opposite to the front lot line; if the rear lot line is less than 10 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 10 feet long lying farthest from the front lot line.
LOT WIDTHThe length of the shortest line which can be drawn from side lot line to a side lot line of a lot which touches the building line at any point.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets having an interior angle of less than 135° at their intersection, or a lot abutting a curved street where the tangents to the curve at the points of intersection of the side lot lines intersect at any interior angle of less than 135°, or any lot formed in part by a waterfront lot line and a street right-of-way line which intersect.
MANUFACTURINGAny process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged.
MARINAA facility containing docks and/or slips and/or piers for berthing and fueling of any type of watercraft. The term "marina" shall not include the terms "yacht club" and "boatyard" nor include out-of-water boat storage, restaurant or repair facilities, motels, hotels, apartments or similar activities or uses. Such facilities may provide utilities and offer supplies and perform repairs.
MARINE INDUSTRYThe industry that focuses on products and services to understand and work in, or use, the ocean, the bays and other marine bodies of water, including, without limitation, boat and yacht dealerships, boat rental businesses, boat storage facilities, boating/sailing instruction schools and other marine-related education facilities, boat/yacht building and repair facilities, marine construction and salvage operations, facilities for marine pollution control, oil spill cleanup and servicing of marine sanitation devices, ship and marine chandleries, marine surveyors, naval architects, businesses engaged in the retail sale of equipment, goods (including bait and tackle supplies), materials, tools and parts used in connection with boating and fishing, oceanographic and marine biology research and ocean-related renewable energy research.
MOTEL; HOTELA business or commercial use of a lot or property consisting of a building or group of buildings, whether detached or connected, which contains one or more individual lodging units arranged or designed to be made available as sleeping or living quarters for paying customers on a daily or weekly or two-week rental basis, or which, however arranged or designed, is in fact being made available for such purpose on such basis. A building or buildings arranged or designed for use as a resort, hotel, a rooming house, an inn or another similar business shall be deemed to be a motel and included in this definition. A motel shall be operated in accordance with Article 12 of the General Business Law and the occupancy of which shall be subject to the provisions of Article 128 of the Tax Law of New York State.
MULTIFAMILY DWELLINGAny dwelling house designed to accommodate or accommodating three or more families and shall include but shall not be limited to an apartment house, garden apartment house, cooperative apartment house, apartment hotel and condominium.
MUSEUMIncludes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for galleries, archives, treasuries, exhibitions, depositories and repositories where works of art, scientific specimens or other objects of permanent value are kept and displayed for reading, viewing, listening, study, archives, athenaeums, reference and research.
NATURAL GRADEThe surface elevation of land at a given point or place before any alteration of the land is undertaken. This term shall have the same meaning as "natural ground level" or "natural ground elevation."
NIGHTCLUBAn establishment primarily engaged in providing entertainment. The accessory or incidental sale of alcohol, drinks, food or snacks shall not entitle such a use to be considered a restaurant or bar under other provisions of this Code. 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/or operates and/or remains open beyond 11:00 p.m.
NONCONFORMING BUILDINGA building or structure lawfully existing on the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to one or more current dimensional regulations hereof (i.e., lot area, setback, height, lot coverage or parking area) applicable to the district in which such building or structure is situated, irrespective of the use to which such building or structure is put.
NONCONFORMING USEAny use of a building, structure, lot, land or part thereof lawfully existing on the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to one or more current use regulations hereof for the district in which it is situated as a result of a change in the district or applicable use standards set forth in this chapter from time to time.
NONPERSONAL SERVICE ESTABLISHMENTSThe use of a building or structure or any portion thereof to provide nonpersonal services such as a plumbing store, painter's store, carpenter's shop, electrician's shop, contractor's shop or office or other similar or like uses as its primary use and which may include retails sales or products related to the services provided.
PARK DISTRICTAn area reserved for recreational and firematic use by the citizens of the Village as regulated by the Park Local Law, and in which Village utilities and other public uses may be maintained and expanded.
PLAT(1) A small piece of ground; plot.
(2) A plan, map or chart of a piece of land, such as a town, with actual or proposed features, such as lots; also, the land represented.
PRINCIPAL BUILDINGA main building or structure devoted to a principal use on a lot. A single-family or two-family residence shall always be deemed a principal building.
PROFESSIONAL AND BUSINESS OFFICESThe use of a building or structure or any portion thereof as an office for doctors, dentists, attorneys, real estate agents, insurance agents, accountants, brokers, engineers, architects, landscape architects, photographers, musicians, offices for data processing, telephone answering services and other similar professional services.
PROFESSIONAL SERVICE STOREThe use of a building or structure or any portion thereof to provide a personal service that is nonmedical in nature such as a beauty shop, hair salon, barbershop, nail salon, spa, tailor, pet groomer or travel agency as its primary use and which may include retail sales or products related to the services provided.
REPAIR GARAGEA use of land consisting of a building and any accessory structures, which is used for adjustment, painting, replacement of parts or other repair or restoration of motor vehicles or parts thereof.
RESIDENTIAL COOPERATIVEA cooperative form of ownership or management consisting of cooperative residential units intended as private residences.
RESPONSIBLE PERSONWith respect to any business, entity or property, any controlling person in respect of such business, entity or property and any other person identified as having management or supervision authority in respect of the applicable business, entity or property in the application filed in respect of any applicable entertainment permit issued for the benefit of such business, entity or property.
RESTAURANTA use in a building having as its sole purpose the preparation and serving of food for consumption on the premises and, which for the avoidance of doubt, has a kitchen located on-site, within furnished dining areas most customarily with service by a restaurant employee, and including as a possible accessory the serving of alcoholic beverages with meals. A restaurant may include a cafeteria-type operation, provided that food and beverages are not served in edible containers or in paper, plastic or other disposable containers and are consumed on the premises. The permanent or temporary removal or relocation of tables and chairs from an establishment to permit dancing or the establishment of any area for dancing shall constitute a nightclub use subject to the applicable provisions of this chapter unless the owner of such business shall have received an entertainment permit for such activities. A restaurant shall not be construed to include any take-out food establishment, bar, nightclub or tasting room.
RETAILA use of any building, structure, property, or any portion thereof, for the sale of goods or products directly to the general public as take-out items. Goods sold at a retail store may include hardware, drugs, food and beverages, furniture and furnishings, garden supplies, plants, apparel, appliances, sporting goods, toys, office products, books or other media and other similar products or merchandise. Minor repair service within the establishment may be undertaken in connection with product sales.
SELF-SERVICE GASOLINE STATIONA gasoline service station or portion thereof where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed into the fuel tank of motor vehicles by persons other than the service station attendant.
SIGNAny 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, banner, pennant, insignia, device, trade flag 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, string of lights or 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 AREAAll faces of a sign measured as follows:
(1) 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.
(2) 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 of may be inscribed.
SIGNIFICANT APPLICATIONAny application for:
(1) A conditional use approval; or
(2) An approval for a site plan required pursuant to §
150-30 involving:
(a) The construction or expansion of any multifamily dwelling building;
(b) The construction or placement of any new nonresidential building or structure, including any new accessory building or structure;
(c) The conversion of any existing building or structure, in whole or in part, from a residential use to a nonresidential or mixed use;
(d) Any substantial expansion of any existing nonresidential building or use;
(e) Relating to any nonconforming use or nonconforming building; or
(f) Any other construction or alteration to any property or building that encompasses more than 1,000 square feet.
STORYThat part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETAny federal, state, county, or Village road or any private road actually providing access to any land located in the Village.
STREET LINEThe dividing line between a lot and a street.
STRUCTURAL ALTERATIONAny change in the supporting members of a building, such as foundations, beams, columns or girders.
STRUCTUREAnything, including any building, which is constructed or erected on or under the ground or the water or upon another structure or building, including driveways, walkways, decks, patios (whether or not constructed of brick and sand), parking areas (whether or not surfaced or improved), fences, gates, pillars, walls, tennis courts, swimming pools, bulkheads, sewage disposal and drainage devices, jetties, docks, piers, any other improvement, fabrication, impervious surface or other construction, whether or not intended to be temporary, seasonal or permanent.
STUDIOUse of a space focused on the production of a) visual art, including painting, sculpting, etching, carving, photography, glass blowing, pottery and the like or b) the design, processing, fabrication, assembly, manufacturing or packaging of custom, hand-crafted, or limited production products such as furniture, leather products, jewelry, clothing, textiles or small-batch food, baked goods or beverages, including, in both cases, incidental storage, sales and distribution of such art works or products. Artist teaching classes offered to the public are permitted within the studio.
SUBSTANTIAL EXPANSION(1) A substantial expansion of any building, structure or property, as referenced in §
150-9A(3)(b) and (c), shall be deemed to occur in the following circumstances:
(a) Upon the making of any alteration to such building or structure which would result in an increase of either the lesser of 1) 30% or more of the then-current gross floor area of such building or structure, and 2) 500 square feet; or
(b) Upon any alteration or reconstruction, rehabilitation or other improvement of such building, structure or property, the cost of which equals or exceeds 25% of the market value of the applicable building, structure or property prior to such alteration, reconstruction, rehabilitation or other improvement. For the purposes of this definition, if the alteration, reconstruction, rehabilitation or other improvement is made following damage to the applicable building, structure or property, the market value of the building, structure or property shall be that which it had before the damage occurred.
This term does not, however, include any alteration of a building, structure or property to correct existing violations of state or local health, sanitary or safety codes and which are solely necessary to assure safe living conditions. |
(2) A substantial expansion of a use shall be deemed to occur in the following circumstances:
(a) Where there is an increase of the lesser of 1) 30% or more of the then-current gross floor area of the building, structure or property on which such use is located dedicated to such use, and 2) 500 square feet of any building, structure or property dedicated to such use; or
(b) The permitted occupancy of the building or structure in which such use is located is increased by more than 15 persons; or
(c) There is an alteration to the building, structure or property in or on which such use is located which would constitute a substantial expansion pursuant to Subsection
(1)(b) of this definition.
(3) Alterations occurring on the premises shall be deemed cumulative for purposes of substantial expansion, and upon any such alteration that cumulatively exceeds the thresholds, a substantial expansion shall be deemed to have occurred on the premises.
SWIMMING POOLAny man-made body of water, including any swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retention of water to a greater depth than 18 inches and having a plane surface area of water greater than 100 square feet, except as shall hereinafter be excluded. The man-made body of water shall be construed to mean a body of water to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such body of water shall not be operated for gain and shall be located on a rear lot only as an accessory use to the dwellings thereon.
TAKE-OUT FOOD ESTABLISHMENTA use in a building having as its principal purpose of business the sale of food and/or beverages to the customer in a ready-to-consume state for consumption primarily off-premises and whose design or method of operation is such that such foods or beverages are usually served in edible containers or paper, plastic or other disposable containers but which may have a customer sitting area. A customer sitting area shall be limited to no more than 25 seats to eat within or outside of the establishment at one time. A take-out food store includes, but is not limited to, delicatessens, ice cream parlors, bakeries, tea/coffee houses and specialty gourmet stores. A take-out food establishment excludes restaurants, bars, nightclubs and tasting rooms.
TASTING ROOMA building or portion thereof which is accessory to an operating winery, brewery, distillery or other similar business which is in the business of producing alcoholic beverages and in which tours and/or tastings of the beverages produced by such business are conducted.
THEATERA building or buildings devoted to showing motion pictures, musical performances or stage productions on a paid-admission basis, provided that no business which would otherwise be classified as a restaurant, bar, nightclub, take-out food establishment or tasting room shall constitute a theater unless the sale of food and/or beverages is solely incidental to the primary purpose of the use of such property as described above.
USABLE OPEN SPACEAn 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% 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 said lot for purposes of active or passive outdoor recreation.
WHOLESALEA use of any building, structure, property, or any portion thereof, for the sale of goods or products purchased or otherwise obtained by the owner in large quantities to middlemen for further distribution to direct consumers of such goods or products rather than the sale of such goods or products directly to the general public.
YACHT CLUBAn annual or seasonal membership club organized with the principal aim of promoting and supporting yachting and recreational boating activities in the waters surrounding the Village and subject to the following conditions:
(1) Such club shall be adjacent to a marina or boatyard where the applicable members dock their boats and shall be incidental to the members' use of boats located at such marina or boatyard;
(2) No such club shall include any dwelling or lodging units or be used to provide any overnight accommodation to any person (other than overnight accommodation by members in boats owned by such member in the related marina or boatyard);
(3) No such club shall include a restaurant, bar, nightclub, take-out food establishment or tasting room, provided that such club may make kitchen facilities available to its members; and
(4) The use of such club shall be limited to members and guests but not otherwise available for use by the general public except to the extent such club is either i) sponsoring an event relating to boating, boating instruction, shipbuilding, maritime history or marine technologies and the general public is invited to participate in such event, or ii) a catered event or entertainment so long as such yacht club holds a valid entertainment permit.
YARD, FRONTAn unoccupied ground area fully open to the sky between the street line established by the Official Map of the Village or by an approved subdivision plot and a line drawn parallel thereto.
YARD, REARAn unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
YARD, SIDEAn 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.