For the purpose of this chapter, certain words and terms herein are defined as follows:
ACCESSORY APARTMENTA dwelling unit in a permitted single-family residence which is subordinate to such dwelling unit in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking, bathroom and sleeping facilities, with physically separate access from any other dwelling.
[Added 4-11-2001 by L.L. No. 3-2001; amended 6-11-2019 by L.L. No. 7-2019]
ACCESSORY BUILDING, STRUCTURE OR USEA permitted subordinate building, structure or use which is clearly incidental to, customarily in connection with and located on the same lot as the principal permitted use.
[Amended 11-13-2018 by L.L. No. 6-2018]
ALTERATIONA change or rearrangement in the structural parts of a building or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT BUILDINGA structure housing three or more dwelling units exclusive of any principal permitted uses other than residential uses.
AREA VARIANCEThe 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.
[Added 6-11-2019 by L.L. No. 7-2019]
BILLBOARDA sign or structure used for display which directs attention to a business, commodity, service or entertainment generally conducted, sold or offered elsewhere than upon the same lot where the sign or structure is located.
BUILDINGA structure, wholly or partially enclosed within exterior walls and a roof, which is designed or intended for use as an enclosure, shelter, protection or support of persons, animals or property.
BUILDING AREAThe total area of a lot covered by all buildings, except for open porches, patios, steps and similar appurtenances.
CELLARA story, the floor of which is more than 1/2 of its story height below the average level of the adjoining ground.
CLUBHOUSEA building or portion thereof used by a club (a group of people organized for a common purpose to pursue common goals, interests or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws). (See special permitted use in the R-50 and R-100 Districts.)
[Added 4-11-2001 by L.L. No. 3-2001]
COMMON OPEN SPACEA parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development and designed and intended for the use or enjoyment of the residents of the planned unit development. Said "common open space" shall not include streets, rights-of-way or easements for aboveground utilities.
COURTAn open, unoccupied space, other than a required yard, on the same lot with a building.
CURBLINEThat line formed by the face of a curb and a street pavement at their point of intersection and running the full length of the curb.
DAYCARE FACILITYA facility that is not also a dwelling unit that provides care for infants and preschool children on a regular basis, and may offer prekindergarten educational service, and is defined in 18 NYCRR Part 413 and regulated in accordance with 18 NYCRR 418.
[Added 6-11-2019 by L.L. No. 7-2019]
DISTRIBUTION/FULFILLMENT CENTERA facility intended for packaging, breaking down of wholesale materials into smaller units and/or otherwise preparing for shipment of goods. No retail sales shall occur on site.
[Added 6-11-2019 by L.L. No. 7-2019]
DWELLINGA building used by one or more families living independently of each other upon the premises. The term "dwelling" shall include mobile homes, provided that they meet all of the requirements of this chapter, the Uniform Fire Prevention and Building Code and all other laws, regulations and ordinances applicable to dwellings.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities, including cooking and plumbing facilities, for only one family and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other family. A boardinghouse, dormitory, motel or other similar structure shall not be deemed to constitute a "dwelling unit"
FAMILYOne or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage shall be deemed to constitute a family unit.
[Amended 4-11-2001 by L.L. No. 3-2001]
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building or dwelling unit. All dimensions shall be measured between exterior faces or walls. In calculating "floor area" for off-street parking requirements, the floor areas of all buildings on a lot shall be considered.
GARAGE, PRIVATEAn enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
HEIGHTThe vertical distance measured from the average finished grade at all foundation corners of the building or structure to the higher point of the roof for flat or mansard roofs, or to the mean height between eave and the ridge for other types of roofs; chimneys, elevator penthouses, tanks and similar projections shall not be included in such measurements, provided that such projection does not occupy more than 10% of the roof area.
[Amended 5-10-2005 by L.L. No. 1-2005]
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by the residents thereof, clearly secondary to the use of the dwelling for living purposes and that does not change the character of the structure as a residence. Said activity shall not have more than one nonresident employee and shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent where in the dwelling if so used. Permissible home occupations include but are not limited to the following: art studio; clothing or craft making; offices of a clergyman, lawyer, physician, dentist, architect, engineer, real estate or insurance agent or accountant; and teaching or tutoring, with musical, dancing and other instructions limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: restaurant, clinic or hospital, animal hospital, dog kennel, barber, beauty salon or retail sale.
[Amended 6-11-2019 by L.L. No. 7-2019]
HOSPITALAn institution, licensed by the State of New York, which provides primarily transient or acutely needed human physical and/or mental health services and which includes inpatient facilities.
[Added 6-11-2019 by L.L. No. 7-2019]
HOTELA building or any part thereof which contains living and sleeping accommodations for temporary occupancy on a fee or hire basis to the general public, has a common exterior entrance or entrances and may or may not contain a dining facility. A hotel must contain a private bathroom with sink, toilet and shower in each unit. A hotel shall not constitute and individuals an individual’s or family’s primary residence and shall not be construed to be a multiple family dwelling.
[Added 7-8-2014 by L.L. No. 3-2014; amended 11-10-2015 by L.L. No. 5-2015; 6-11-2019 by L.L. No. 7-2019]
LIGHT PROCESSINGManufacture, assembly, treatment, processing, or packaging of products or materials into those of greater value that does not emit objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond the property boundaries.
[Added 11-10-2015 by L.L. No. 5-2015]
LIVE ENTERTAINMENTLive performances of any sort by any persons in conjunction with any use for valuable consideration.
LOTOne or more contiguous parcels of land united by common interest or use considered as a unit, designed to be used by one use or structure or by a related group of uses or structures, and the accessory uses or structures customarily incident thereto, including such open spaces as are required. A "lot" may be or may not be the land shown as a single lot on a duly recorded plat or other official record.
LOT AREAThe total horizontal area included within lot lines.
LOT AREA, NETGross lot area minus areas subject to flooding as defined by FEMA, areas defined as either state designated or federally defined wetland or land occupied by public utility easements in such a manner as to prevent their use and development.
[Added 5-10-2005 by L.L. No. 1-2005]
LOT, CORNERA lot abutting upon two or more streets at their point of intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT COVERAGEThe percentage of the lot area that is occupied or covered by all buildings on the lot.
[Amended 6-11-2019 by L.L. No. 7-2019]
LOT LINEAny boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed to be a side lot line.
LOT LINE, FRONTThe street line at the front of a lot. A corner lot or lot abutting two or more streets shall be considered to front on the street on which it has the least frontage. When a corner lot or lot abutting two or more streets shall have equal frontage on both streets, the owner may elect the street upon which he desires to front.
LOT LINE, REARThat lot line which is most distant from and is most nearly parallel to the front lot line.
LOT WIDTHThe distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line which connects the end points of the front lot line.
MANUFACTURINGThe production of raw material into goods by manual and/or machine labor for use or sale.
[Added 11-10-2015 by L.L. No. 5-2015]
MIXED USE BUILDINGA building containing both residential and commercial occupancies.
[Added 11-13-2018 by L.L. No. 6-2018]
MOBILE HOME PARKA lot, parcel or site with appurtenant facilities and services, including designated mobile home spaces, for at least 50 mobile homes or house trailers used or to be used as single-family dwelling units.
MULTIFAMILY RESIDENTIAL UNITThree or more residential units attached either vertically and/or horizontally, but not including that which is defined as a "townhouse" herein.
[Added 11-13-2018 by L.L. No. 6-2018]
NONCONFORMING BUILDING, STRUCTURE OR USEAny building, structure or use of any building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto which does not conform to the regulations prescribed for the district in which it is situated.
NON-NUISANCEAny trade, business, industry or process conducted which is not intended to be noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare.
[Added 11-13-2018 by L.L. No. 6-2018]
OUTDOOR CAFE Facilities adjacent to and part of establishments for the sale of food and or drink located on private property, or such other area as may be licensed by the Village Board of Trustees, open to the elements except for awnings or low walls or fences, located on rooftop, deck or sidewalk areas for which site plan or land use approval shall have been granted by the Planning Board or for which a permit shall have been granted by the Village Board of Trustees.
[Added 4-27-2010 by L.L. No. 2-2010]
OUTDOOR SALES LOTArea of a commercial parcel used for outdoor display of products or vehicles offered for sale as an accessory use to a sales office located on the same premises.
[Added 11-13-2018 by L.L. No. 6-2018]
PARKING UNDER BUILDINGA maximum of one level of parking under a commercial or residential building which has at least one wall below grade. Parking under a building shall not be considered a story, provided at least one wall is below grade.
[Added 11-13-2018 by L.L. No. 6-2018]
PERSONAny individual, firm, company, association, society, corporation or group.
PERSONAL SERVICE ESTABLISHMENTAny building or facility where services such as a barbershop, beauty parlor, appliance repair, tailor or dry cleaning are offered to the public.
[Amended 4-11-2001 by L.L. No. 3-2001]
PLACE OF PUBLIC ASSEMBLYA meeting hall, clubhouse, auditorium, place of worship or other structure or portion of a structure accommodating 50 or more persons and used at regular or periodic intervals as a gathering place for purposes of conference, deliberation, worship, entertainment, amusement, recreation or education or the performance of social, athletic or cultural programs.
[Amended 11-13-2018 by L.L. No. 6-2018]
PLANNED UNIT DEVELOPMENTAn area of land to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one residential district established by any other section of this chapter.
[Amended 6-11-2019 by L.L. No. 7-2019]
PRINCIPAL BUILDING OR USEThe primary purpose for which a lot or building is designed or used or in which the principal use is conducted.
RESIDENTIAL BUILDINGAny building, the principal use of which is for dwelling purposes, and not including dwelling units above business uses in the same structure.
RESTAURANTAny establishment where the principal use is the preparation and sale of food and beverages to customers seated at a table or counter, served by a waiter or waitress, or at a buffet for consumption of the food on the premises. A restaurant may include the serving of alcoholic beverages and the provision of carry-out food service if they are incidental to the consumption of food and beverages. The term "restaurant" does not include a business whose principal operation is a bar, cabaret, carry-out food service, or a fast-food establishment.
[Added 6-11-2019 by L.L. No. 7-2019]
RESTAURANT, FAST-FOODRestaurants where most customers order and are served food inside the premises at a counter, to be taken to a table for consumption or in packages prepared to leave the premises.
[Added 6-11-2019 by L.L. No. 7-2019]
RETAILAn establishment engaged in selling or renting goods or merchandise to the general public intended for personal and/or household consumption or business use and rendering services incidental to the sale of such goods. A gas station or automobile service station shall not be considered a retail business.
[Added 11-13-2018 by L.L. No. 6-2018]
ROOFLINEThat line formed by the facade of a building at the point at which it meets the roof of the building.
SIGNAny letter, word, model, banner, pennant, insignia, trade flag, device or representation used as or which is in the nature of an advertisement, attraction or directive.
SIGN AREA OR SIGN SURFACE AREAIncludes 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.
SIGN, BUSINESSA sign which directs attention to a business or profession conducted upon the property.
SITE PLANA plan for the proposed development of a property showing the location of buildings, means of ingress and egress to the property, circulation within the property, treatment of all open areas and the general relationship of said property to abutting properties.
SPECIAL PERMITTED USEA use that may not be generally appropriate or appropriate without restriction as to location throughout a zoning district but which, if controlled as to number, area, location and/or relation to the neighborhood, would promote the public health, safety, morals, comfort, convenience and/or general welfare.
STORAGE, PRIVATEAn accessory structure or portion of a principal building, not open to the public, used by a commercial entity to store equipment, materials or supplies for use by that commercial entity.
[Added 11-13-2018 by L.L. No. 6-2018]
STORAGE, PUBLICCommercial facility which offers fully enclosed space for rent for the storage of personal, household or business property. Conducting of any business or sales from individual storage units shall be prohibited.
[Added 11-13-2018 by L.L. No. 6-2018]
STORYAny building floor level (including occupied roof level) having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is any of the following:
[Amended 11-13-2018 by L.L. No. 6-2018]
A. More than six feet above grade plane.
B. More than six feet above the finished ground level for more than 50% of the total building perimeter (except "parking under building," as defined herein).
C. More than 12 feet above the finished ground level at any point (except loading dock provisions shall not be included in finished ground level calculations where area around building is ramped down for access to loading dock).
STORY, HALFA finished area used for living space under a sloping roof with headroom of at least five feet or more is provided for at least 60% of the finished space. Unfinished attic space shall not be considered a story or a half story for zoning purposes.
[Amended 11-13-2018 by L.L. No. 6-2018]
STREETA publicly dedicated right-of-way or a private right-of-way, improved to meet Village street specifications, for vehicular and pedestrian traffic which affords the principal means of access to abutting properties.
STREET LINEThe dividing line between a lot and the right-of-way of a street.
STRUCTUREAny combination of materials forming any construction, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.
TAVERNAn establishment which serves alcoholic beverages as its primary business. Such establishment may also offer food but typically does not provide table service.
[Added 11-13-2018 by L.L. No. 6-2018]
TOWNHOUSEA dwelling structure containing a series of two- or two-and-one-half-story noncommunicating one-family dwelling units having a common wall between each two adjacent sections. Each dwelling unit is in separate ownership on a separate tax lot.
USABLE OPEN SPACEAn unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free from structures of any kind 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. Said "usable open space" may include buffer strips and fenced or screen-planted children's play areas.
USEThe purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.
USE VARIANCEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[Added 6-11-2019 by L.L. No. 7-2019]
WAREHOUSEA commercial building used primarily for storage of raw materials or finished products for distribution or long-term storage that is not open to the public.
[Added 11-10-2015 by L.L. No. 5-2015]
YARDThe area of a lot generally unoccupied by any building and extending along the lot lines and in towards the interior of the lot. Such open space is unoccupied and unobstructed from the ground upward.
YARD, FRONTAn open, unoccupied space within and extending the full width of the lot between the front property line and the building.
YARD, REARAn open, unoccupied space within and extending the full width of the lot between the building and the rear line of the lot.
YARD, REQUIREDThat portion of a yard regulated by this chapter which shall be left open and unoccupied by any part of a building other than a fence or retaining wall, except as provided herein.
YARD, SIDEAn open, unoccupied space within a lot between the side lot line and the parts of a building nearest to such lot line. Such "side yard" shall extend from the front yard to the rear yard.