Definition of words and terms. As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTUREA subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, a garden shed, a private playhouse and a private greenhouse.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter," in its various modes and tenses and its participial form, refers to the making of an "alteration."
AUTOMOBILE LAUNDRYA structure or building designed for the washing, waxing, Simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an automobile laundry where such use is an accessory service to the principal service of the filling station.
BASEMENTA story partly underground but having less than half of its clear height below finished grade.
BED-AND-BREAKFASTAn owner-occupied residential building, other than a hotel or motel or boardinghouse, where lodging and breakfast are provided.
[Added 2-8-2000 by L.L. No. 1-2000]
BILLBOARDA sign 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 sold, offered or existing upon such lot.
BUILDINGA structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
CELLARA story partly underground and having 1/2 or more of its clear height below finished grade.
CLUB, COUNTRYA club for golfing, tennis, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFITThe premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, for the meeting of other organizations or for educational and cultural purposes.
COURTAn open, unoccupied space, other than a yard, on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous.
COURT, DEPTH OFThe maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OFThe greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, OUTERA court extending to a street, front yard or rear yard.
COURT, WIDTH OFThe horizontal dimension parallel to the principal open side, in the case of an outer court, and the least horizontal dimension in the case of an inner court.
CUSTOM WORK, SHOP FORA business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.
DWELLINGA building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.
DWELLING, APARTMENTA building arranged or intended for three or more families living independently of each other in separate dwelling units, any two or more provided with a common entrance or hall, and all dwelling units are intended to be maintained under single ownership or owned under condominium.
[Added 4-12-2010 by L.L. No. 2-2010]
DWELLING, TOWNHOUSEA building consisting of a series of three or more attached or semi-detached dwelling units divided by common fire walls built to meet or exceed minimum fire and building code specifications, each with a ground floor and a separate ownership or condominium.
[Added 4-12-2010 by L.L. No. 2-2010]
DWELLING UNITOne or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered to constitute one family.
FENCEA structure bounding an area of land designed either to limit access to the area or to screen such area from view, or both.
FILLING STATIONA building or lot, or part thereof, supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.
FITNESS CENTERA place of business offering facilities for recreation, exercise and maintaining or improving physical fitness and flexibility. A fitness center may provide access to weights and weight training, exercise machines, cardiovascular training programs and equipment, and floor space or meeting space for group or individual classes and training programs in fitness activities such as yoga, pilates, aerobics, dance, and other systems of exercise. A fitness center may also include indoor or outdoor recreational uses or facilities, subject to additional requirements. Recreational uses shall include, but not be limited to, basketball courts, handball courts, squash courts, tennis courts and other types of ball fields, batting cages, skate parks, swimming pools, jogging tracks and other recreational uses.
[Added 4-14-2014 by L.L. No. 1-2014]
GARAGE, PARKINGA building, not a private garage, used for the storage of automobiles or trucks, and not used for making repairs thereto.
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.
GARAGE, REPAIRA building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles, or parts thereof, whether or not accessory or incidental to another use.
HEIGHT OF STRUCTURE OR BUILDINGThe vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling, if so used; and, further, provided that there shall be no external evidence other than an announcement sign. However, home occupations shall not be construed to include such uses as the following: clinic or hospital, restaurant, breeding kennel or antique dealer.
HOME PROFESSIONAL OFFICEThe office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as herein restricted, provided that nor more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this chapter, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.
HOTELA building, or part thereof, which has a common entrance, common heating system and general dining room, and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation. A hotel shall not provide dwelling units.
HOUSE TRAILERA movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration (see "mobile home").
JUNKYARDAny land or structure, or part thereof, exceeding 300 square feet in area, used for the collecting, storage or sale of waste paper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof.
LOTA parcel of land occupied or used by one main building or use with its accessory building and the required open spaces.
LOT AREAThe total horizontal area included within lot lines.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThe percentage of the area of the lot covered by a building or buildings.
LOT LINEAny boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONTThe street right-of-way line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.
LOT WIDTHThe dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.
MOBILE HOMEA movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration (see "house trailer").
MOBILE HOME COURTA residential land use designed for the location of one or more mobile homes in designated mobile home spaces and included appurtenant facilities and accessory services for residents only.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, and with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes.
NATURAL GRADEFor the purpose of this chapter, the natural grade of a land area to be subdivided shall be determined by calculating the difference in elevation between intersection points along the lines of a two-hundred-foot square grid system applied to the required topographic mapping for the subdivision, and expressing this difference as a percentage of slope between such points; the natural grade of the individual grid squares shall be that of the maximum slope determined as described above along its bounding grid lines; the natural grade of a subdivision will vary in accordance with the findings for each individual grid square.
NONCONFORMING STRUCTUREA structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USEAny use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.
NONNUISANCE INDUSTRYAny industry which is not detrimental to the environment in which it is located by reasons of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials, or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
NURSERY SCHOOLA building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features such as ferris wheels or roller coasters, and not furnishing sleeping quarters except for the resident family.
PARKING AREAA lot, or part thereof, used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACEA stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
PERMITTED USEA specific main use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PLANNED RESIDENTIAL DEVELOPMENTA residential development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedure in which the dimensional regulations of this chapter and the type of housing may be varied as provided in this chapter, and where certain lands are set apart as permanent open space or common land.
PROHIBITED USEA use of a building, structure, lot or land, or part thereof, which is not listed as permitted, special exception or accessory use.
RECREATIONAL VEHICLEA vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are:
(1) TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 32 feet when factory equipped for the road.
(2) CAMPING TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
(3) TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
(a) SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
(4) MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RESEARCH INSTITUTE OR LABORATORYA building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto; with respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.
RESTAURANTAn establishment where refreshments and meals may be procured by the public for on-premises consumption and where the sale of alcoholic beverages, if available, is subordinate.
SIGNAny kind of billboard, signboard, pennant or other shape or device or display used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.
SIGN, BUSINESSA temporary or permanent sign which directs attention to a business or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENTA temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office or a public or semipublic building.
SIGN, REAL ESTATE OR CONSTRUCTIONA sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.
SIGN, TEMPORARYA temporary sign which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.
SPECIAL EXCEPTION USEA use in one or more districts, for which the Planning Board may grant a permit, pursuant to the provisions of §
210-10.
STREETAny federal, state, county or Town highway or road, or any street shown upon a subdivision plat filed in the County Clerk's Office, or any roadway, public or private, used for vehicular traffic by the public.
STREET LINEThe dividing line between a lot and a street right-of-way.
STRUCTUREAnything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOLAn artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.
TAVERNAn establishment where alcoholic beverages are sold to the public to be consumed on the premises and where the sale of food, if available, for on-premises consumption is subordinate.
VARIANCEA modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Article
VII.
WALLA structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
YARD, FRONTAn open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.
YARD, REARA space on the same lot with a building, situated between the nearest roofed portion of the building and the rear lot line of the lot and extending from side lot line to side lot line.
YARD, SIDEAn open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot and extending through from the front yard, or from the front lot line where no front yard exists, to the rear yard, or to the rear lot line where no rear yard exists.