The following words and phrases as used in this chapter are defined as indicated:
ACCESSORY STRUCTURE OR USEA structure, or a portion of a main structure, or a use located or carried on the same premises and incidental and subordinate to the main structure or use which customarily accompanies or is associated with such main use and structure, not intending to include, however, auxiliary service equipment, such as air conditioners, air compressors, water pumps, electric generators and the like.
ADULT USEA public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
ANIMAL SHELTERA facility used to house or contain stray, homeless, abandoned, or unwanted domesticated animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
APARTMENT HOUSEA building arranged, intended or designated to be occupied by three or more resident households living independently of each other. An "apartment house" is a structural definition and applies irrespective of how the individual dwelling units therein are offered for sale or rental.
ART STUDIOFacilities that provide individual and group instruction, education and/or training, including tutoring and vocational training in limited subjects, such as the arts. This may include art, dance, martial arts, and music.
ARTISAN LOFTSThe reuse of existing structures, generally commercial or industrial buildings, to create open apartment living spaces.
AUCTION HOUSE AND FLEA MARKETSA building, yard, area, or areas within a building used for the public sale of used goods, wares, merchandise, or equipment to the highest bidder or may be offered for sale by individual sellers or vendors. This use may be temporary, occasion, or periodic. This definition excludes therefrom an auction, the principal purpose of which is the sale of livestock or motor vehicles.
BANKA 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. This term includes credit unions, savings and loans, and similar financial institutions.
BASEMENTThat portion of a building that is partly or entirely below grade level.
BATTERY ENERGY STORAGE SYSTEMOne or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time (not to include a stand-alone 12-volt car battery or an electric motor vehicle).
BED AND BREAKFASTA private, owner-occupied business with up to five guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the bed-and-breakfast inn is operated primarily as a business and where on-site signage is needed.
BLOCKThe length of a street between two intersections or to the termination of the street in the event that there is only one intersection along such street segment.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, or chattel.
BUILDING FOOTPRINTThe area of a building as measured from the exterior faces of exterior walls. The area of buildings and parts of buildings, without exterior walls, shall be measured from the outer limits of the roof line.
CAFE, OUTDOORSpace exterior to a specialty restaurant utilized for patrons. Such space is commonly within a right-of-way or sidewalk.
CAMPGROUNDA parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by persons using tents, or licensed travel trailers, campers, and/or recreational vehicles.
CAR WASHESThe use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
CLUB ORGANIZATIONAn incorporated or unincorporated association for civic, cultural, literacy, political, recreational, or like activities, but not including shooting clubs, operated for the benefit of its members and not open to the general public.
COMMON AREASSpace reserved for use by any and all residents of a housing development such as halls, stairways and landings in apartment houses and open space.
COMMUNITY CARE FACILITIESFacilities that provide living, sleeping, and sanitation accommodations for institutional purposes in coordination with the provision of social services. The facilities may include facilities for eating and cooking.
COMMUNITY FACILITYA primarily non-commercial establishment intended for the benefit and service of the general public of the community in which it is located. Examples include, but are not limited to, community gardens, neighborhood clubhouses, community centers, and senior centers.
CONDOMINIUMSA building or groups of buildings in which units are owned individually and common areas and facilities are owned in common by the owners of individual units. The owner has title to the interior individual dwelling and a shared interest in the common elements.
CONFERENCE/CONVENTION CENTERA commercial facility for public assembly including, but not limited to auditoriums, conference facilities, convention centers, exhibition halls, and other event venues for large-scale public gatherings.
CONTAINERIZED CARGOCargo packed in a large (typically eight feet by eight feet by 20 feet) trunk-like box, and loaded, stored, and unloaded as a unit.
CONTRACTOR STORAGE YARDSA lot, or portion thereof, used for the purposes of stockpiling aggregate materials such as stone, gravel, road salt, sand and topsoil, vehicles and heavy equipment, pipe, bricks, paving stones, structures and piping, light poles, landscaping materials, fences and mulch for use or installation at another location.
CULTURAL FACILITYAn establishment providing for the display, preservation, and/or exhibition of objects of historical or cultural interest. Examples of this use include, but are not limited to, museums, libraries, historical sites, botanical gardens, nature exhibitions, environmental education facilities, and interpretive centers.
CUSTOMARY AGRICULTURAL USEThe raising of agricultural products, including livestock, poultry, dairy products, farm crops, fruit and vegetables, and nursery stock, whether for gain or otherwise. The term does not include the manufacturing or processing of agricultural products.
DATA ENTRY/COMMUNICATION SERVICESFacilities where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation.
DAY-CARE CENTERAny nonresidential establishment where care for children or adults is provided and is not considered a day-care home or adult day-care home.
DAY-CARE HOMEAn operator-occupied dwelling unit where care for children is provided and where the operator has the appropriate registration from NYS Office of Children and Family Services and other regulatory entities as may be necessary.
DRIVE-THROUGH FACILITYFacilities where food or other products may be purchased or services may be obtained by motorists without leaving their vehicles and by maneuvering around the building in a dedicated lane. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo stores, pharmacies, bank teller windows, ATMs, dry cleaners, etc., but do not include gas station or other vehicle services which are separately defined.
DRY CLEANINGA service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; and linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry-cleaning pick-up stores, see "personal services."
DWELLINGA building or portion thereof designed or used as the living quarters for one or more families or for individuals. The term "dwelling" shall not be deemed to include a motel, hotel, boarding house or recreational vehicle.
DWELLING UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, ACCESSORY (ADU)A secondary dwelling unit within the footprint of the principal dwelling unit which shall be attached or within the principal building such as an upstairs or basement unit.
DWELLING, MANUFACTUREDA structure transportable in one or more sections that, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length or, when erected on site, is 320 square feet (29.7 square meters) minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer ordinarily files a certification required by the federal department of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
DWELLING, SINGLE-FAMILY ATTACHEDA building consisting of dwelling units which are attached by common vertical walls and each unit having a separate entrance. May also be known as a townhouse.
DWELLING, TWO-FAMILYA building consisting of two dwelling units that share walls, floors, and/or ceilings and other common areas.
DWELLINGS, COTTAGE COURTA group of between two and eight detached single-family dwellings on a common lot sharing, fronting, and built around a central, common courtyard requiring a condominium association. They may also include a common walkway, a common parking pad, or other common areas but the central, common courtyard is a defining feature.
EFFECTIVELY SCREENEDA particular use shall be considered "effectively screened" when barriers of sufficient height and opacity are provided so as to reduce the transmission of sound and light into adjacent properties to the point where the adjacent property owner is not reasonably disturbed thereby.
EFFICIENCY APARTMENTA dwelling unit that has only one combined living and sleeping room; said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.
ENTERTAINMENT, INDOORAn establishment providing indoor amusement and entertainment services where a fee may or may not be charged for use, including: movie theaters, live performance theaters, bowling alleys, coin-operated amusement arcades, electronic game arcades (video games, pinball, etc.), ice skating and roller skating, pool and billiard rooms as primary uses. Any establishment with four or more electronic games or amusement devices (e.g., pool or billiard tables, pinball machines, etc.) or a premises where 50% or more of the floor area is occupied by electronic games or amusement devices; three or fewer machines or devices are not considered a use separate from the primary use of the site. Does not include adult entertainment establishments.
ENTERTAINMENT, OUTDOORA facility for public outdoor recreational activities where a fee may or may not be charged for use. Examples include outdoor theaters/amphitheaters, amusement and theme parks; go-cart tracks; tennis clubs, golf driving ranges; miniature golf courses; outdoor pools, and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include golf courses.
EVENT VENUEA facility rented to individuals, groups, or organizations, and used to host gatherings such as, but not limited to, weddings, receptions, parties, and meetings with a capacity of 100 people or less, as determined by applicable building code, fire code, and/or parking requirements. An event venue may be comprised of a permanent structure(s), temporary structure(s), uncovered outdoor gathering areas(s), or any combination thereof. This definition does not include community facilities, cultural facilities, religious institutions, conference/convention centers, commercial lodging (hotel/extended stay), or publicly owned facilities.
FARMAny parcel which is used for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used.
FARM AND CRAFT MARKETA temporary and/or permanent structure, operated on a seasonal or year-round basis, that allows for agricultural producers to retail agricultural plant products and agriculture-related items directly to consumer and enhance income through value-added products, services, and activities. Farm markets may include marketing activities and services to attract and entertain customers and facilitate retail trade business transactions.
FARM EQUIPMENT SALES AND SERVICEEstablishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming.
FENCEA structure of wood, masonry, wire mesh or other material, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FIRE AND RESCUE STATIONSThe conduct of safety and emergency services, such as, but not limited to, firefighting, police, and emergency medical and ambulance service.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses.
FLOOR AREA, HABITABLEThe horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "habitable floor." All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FUNERAL HOMESA facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted.
HEALTH CARE FACILITIES, INPATIENTA health care facility and related facilities the purpose of which is to provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis; but not including group homes, medical offices, and outpatient surgery centers.
HEALTH OR FITNESS FACILITYA fitness center, gymnasium, or health and athletic club, which may include any of the following: exercise machines, weight facilities, group exercise rooms, sauna, spa, hot tub, or swimming facilities, indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does not include adult-oriented businesses.
HEIGHT OF BUILDINGThe vertical dimension measured from the average finished grade touching the exterior walls of the building to the highest peak of the roof.
HOME OCCUPATIONA nonresidential use clearly subordinate and accessory to the permitted principal residential use of the premises.
B. (1) Involves no person other than persons residing on the premises;
(2) Shows no visible evidence (including signage) from the exterior of the dwelling unit;
(3) Generates no additional traffic and no need for off-street parking;
(4) Uses no equipment which would not customarily be used by the occupants of the dwelling unit;
(5) Involves:
(a) No retail sales where the public visits the premises to purchase;
(b) No exterior display or storage of goods, materials, equipment, or inventory;
(c) No noise other than that which is customarily generated by the occupants of the dwelling unit;
(d) No vehicles larger than a four-wheel truck and/or a four wheel trailer;
(e) No external alterations and that the entrance to the space devoted to such occupation shall be only from within the dwelling.
HOTELAny building containing six or more guest rooms which are used, rented, or hired for sleeping purposes by transient guests and with access to units primarily from interior lobbies, courts, or halls.
IMPERVIOUS SURFACEAny material which prevents, impedes, or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils, including building, asphalt, concrete, gravel, and other surfaces.
INDUSTRIAL FLEX SPACEA single-story structure utilized as a multi-purpose/tenant workspace that may combine warehouse, industrial and retail uses, which may contain office space. Such structures shall contain an open floor that can be modified to accommodate individual tenants and not be considered habitable.
INTERIOR PROJECT ROADA road wholly within a single residential development, whether dedicated or not, which is designed solely to provide access to the residences therein.
JUNKIncludes scrap metals and their alloys, bones, used materials and products, such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
JUNKYARDA. A lot, land or structure, or part thereof, where junk, waste, discarded or salvaged materials are bought, stored, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including: automobile or other vehicle or machinery, wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of reclaiming for use some or all the materials therein, or for the purpose of storage or disposing of the same for any other purpose.
B. Exceptions:
(1) New, and/or used motor vehicles which are operable qualify for a current New York State Motor vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law, and are offered for sale to the public, may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of Village Zoning Code.
(2) The storage of vehicles subject to seasonal use such as recreational vehicles and snowmobiles even though such vehicles may be unlicensed during the part of the year they are not in use.
KENNELAny premises on which four or more dogs, four months of age or older are kept, bred and/or boarded.
LIVE-WORK UNITSA professional office or art studio use either attached to a primary residential use building or located within an accessory building of a primary residential use building on the lot. The nonresidential use shall be utilized only by an occupant of the primary dwelling.
LOT AREAThe area within property lines, excluding any portion thereof, within the boundaries of a street or highway right-of-way.
LOT COVERAGEThe sum of all building footprints on a lot divided by the lot area.
LOT LINE, FRONTThe line separating the lot from the boundary of the highway or right-of-way upon which the lot abuts.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT, CORNERA parcel of land at the junction of, and fronting on, two or more intersecting streets. All corner lots shall be deemed to have two front yards, two side yards and no rear yard.
MAJOR ROADAll state and county roads and highways or federal aid eligible roadways.
MANUFACTURING, HEAVYA facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include the following:
A. CHEMICAL PRODUCT MANUFACTURINGAn establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.
B. CONCRETE, GYPSUM, AND PLASTER PRODUCT MANUFACTURINGAn establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard.
C. GLASS PRODUCT MANUFACTURINGAn establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under "manufacturing, light - handcraft industries, small-scale manufacturing."
D. PAVING AND ROOFING MATERIALS MANUFACTURINGThe manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar.
E. PETROLEUM REFINING AND RELATED INDUSTRIESIndustrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations (public services), or petroleum product distributors (flammable liquid, gas, and bulk fuel - storage and sale).
F. PLASTICS, OTHER SYNTHETICS, AND RUBBER PRODUCT MANUFACTURINGThe manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or Styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (see "vehicle services").
G. PRIMARY METAL INDUSTRIESAn establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
H. PULP AND PULP PRODUCT MANUFACTURINGAn establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard (see "manufacturing, light - paper product manufacturing").
I. TEXTILE AND LEATHER PRODUCT MANUFACTURINGAn establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (see "manufacturing, light - clothing and fabric product manufacturing"), and industries that transform hides into leather by tanning or curing. Includes: coating, waterproofing, or otherwise treating fabric; manufacturing woven fabric, carpets, rugs from yarn; dressed and dyed furs; preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; dyeing and finishing fiber, yarn, fabric, and knit apparel; scouring and combing plants; leather-tanned, curried, and finished upholstery manufacturing; manufacture of knit apparel and other finished products from yarn and thread mills; and manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles.
MANUFACTURING, LIGHTA facility accommodating manufacturing processes involving less intense levels of fabrication and/or production such as the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. The premises may include secondary retail or wholesale sales. Examples of light manufacturing uses include:
A. ARTISAN/CRAFT PRODUCT MANUFACTURINGAn establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
B. CLOTHING AND FABRIC PRODUCT MANUFACTURINGAn establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "personal services"). Does not include the production of textile fabrics and related materials.
C. COMPUTER AND ELECTRONICS PRODUCTSestablishments that manufacture computers, computer peripherals, communications equipment, and similar electronic products, and establishments that manufacture components for such products.
D. FOOD PRODUCTSEstablishments that transform agricultural products into products for intermediate or final consumption. However, this shall not include the production of fish, meat or dairy products; or fermented foods such as sauerkraut, vinegar, or the like; or the rendering of fats and oils.
E. FURNITURE AND FIXTURES MANUFACTURING, CABINET SHOPA business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, and wood and cabinet shops, but not sawmills or planing mills.
F. HANDICRAFT INDUSTRIES, SMALL-SCALE MANUFACTURINGEstablishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; musical instruments; pens, pencils, and other office and artists' materials; sporting and athletic goods; toys; etc.
G. MEDIA PRODUCTIONFacilities for motion picture, television, video, sound, computer, and other communications media production.
H. MEDICAL EQUIPMENTFacilities that manufacture prosthetic appliances, dentures, eyeglasses, hearing aids, surgical, ophthalmic, and veterinary instruments and apparatus (except electrotherapeutic, electromedical and irradiation apparatus). Examples of products made by these establishments are syringes, hypodermic needles, anesthesia apparatus, blood transfusion equipment, catheters, surgical clamps, and medical thermometers, and similar medical products.
I. PAPER PRODUCT MANUFACTURINGEstablishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, or wallpaper.
J. PHOTO/FILM PROCESSING LABA facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pick-up. Does not include small-scale photo processing machines accessory to other retail businesses.
K. PRINTING AND PUBLISHINGAn establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices.
MEDICAL OFFICES OR CLINICSFacilities which provide medical treatment, preventative care, and/or outpatient physical or mental health care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, psychiatrists, or similar practitioners licensed by the State of New York. Retail sales do not comprise more than an ancillary aspect of the primary activity of a medical office.
MININGThe removal of topsoil or subsurface aggregate from a site, including but not limited to stone, sand, gravel or topsoil for sale as an industrial or commercial operation.
MIXED-USE BUILDINGA building containing upper story residential in addition to non-residential uses permitted in the zone. May also be referred to as mixed-use structure.
MIXED-USE OVERLAY (MUO) DISTRICTAn overlay district established by the Village Board of Trustees establishing the boundaries of areas eligible for rezoning to MX District.
MOTELA building or group of buildings containing six or more sleeping units in which lodging is provided to transient guests, offered to the public for compensation, and in which access to and from each room or unit is through an exterior door.
NONCONFORMING USE OR STRUCTUREA use of land or of a building or structure which lawfully existed at the time of the adoption of this chapter, or of any amendment thereto, but which does not conform to the use or dimensional requirements imposed by this chapter or such amendment thereto.
NURSERIES AND GARDEN STORESA commercial agricultural establishment engaged in the production and sale of ornamental plants and other nursery products.
OPEN SPACEAn area unoccupied by any building, structure or parking area, whether paved or unpaved.
OVERLAY DISTRICTA zoning district superimposed on existing zoning districts which implements additional regulations or procedures.
PARKS AND PLAYGROUNDSAn outdoor recreation facility that may provide a variety of recreational opportunities including playground equipment, ponds, lakes, and open space areas for both passive and active assembly, recreation, sport, and ecotourism.
PERSONAL SERVICESEstablishments that provide non-medical services to individuals as a primary use. Examples of these uses include: barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, massage (licensed, therapeutic, non-sexual), nail salons, pet grooming with no boarding, shoe repair shops, tailors, tanning salons, tattoo artistry, and body piercing. These uses may also include accessory retail sales of products related to the services provided.
PLANA drawing, or set of drawings, indicating the manner or layout of a subdivision or site which is to be submitted for approval together with all required improvements and appurtenances. Types of plans include sketch, preliminary and final. Each type of plan requires a different level of detail to be shown.
PLAN, FINAL SITEA complete and exact site plan, prepared for official recording as required by statute, to define property rights, proposed streets and other improvements.
PLAN, PRELIMINARY SITEA tentative site plan, in lesser detail than a final site plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, SKETCHAn informal plan in lesser detail than a preliminary site pan, indicating salient existing features of a tract and its surroundings and the general layout of the proposed site.
PRIVATE GREENHOUSESA building used for the growing of plants, all or part of which are sold at retail or wholesale.
PROFESSIONAL SERVICESUse of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, computer software or information systems research and development, or other business offices; organization and association offices; or law, architectural, engineering, urban design, accounting, or other professional offices. Retail sales do not comprise more than an ancillary aspect of the primary activity of a general office.
PUBLIC OFFICEBuildings owned by the school district, municipality, county, state, or federal government which houses administrative offices and may be open to the public to obtain services.
RELIGIOUS INSTITUTIONAny facility such as a church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary related uses for education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, temporary or emergency housing, etc.) and accessory uses such as cemeteries, mausoleums, offices, soup kitchens, and bookstores.
RESIDENTIAL CARE FACILITYA facility which offers room and board and which, unlike a boarding house, provides and/or coordinates a degree of personal care for a period of time in excess of 24 consecutive hours for two or more persons. It is designed to accommodate residents' changing needs and preferences, maximize residents' dignity, autonomy, privacy, independence, and safety, and encourage family and community involvement. Included in this definition is any facility (other than a hospital) which offers or represents to the public that it offers a beneficial or protected environment specifically for individuals who have mental illness or disabilities. Congregate care, assisted living, nursing homes, and continuing care retirement communities fall under this definition.
RESTAURANTA retail business selling food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption (counter service); and establishments where customers are served food at their tables for on-premises consumption (table service), that may also provide food for take-out, but does not include drive-through facilities, which are separately defined and regulated.
RESTAURANT, SPECIALTYEstablishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage. Food and beverages are for customer consumption within the restaurant or restaurant patio area.
RETAIL CONSTRUCTION MATERIALSA business with a primary product of selling or assembling materials used in construction including tools for the assembly thereof. The use includes hardware, lumber, paneling, masonry products, doors, trim, paneling, insulation, sheet rock, appliances, and similar products. This use does not include concrete mixing.
RETAIL SALESStores and shops intended to serve as destination retail, convenience shopping, and provision of general services. Examples of these stores, lines of merchandise, and services include: antique and craft sales; art galleries; retail; art supplies, including framing services; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); drug stores and pharmacies; dry goods; fabrics and sewing supplies; furniture and appliance stores; hobby materials; home and office electronics; jewelry; luggage and leather goods; musical instruments; neighborhood markets; parts; accessories; small wares; grocery store; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores; videos, DVDs, records, and CDs, including rental stores. May include sales of materials produced on the premises.
SCHOOLA separate facility or campus of buildings for elementary, secondary, post-secondary, technical, and vocational education in dedicated facilities as a standalone building or as a part of a campus.
SCIENTIFIC RESEARCH OR EXPERIMENTAL DEVELOPMENT OF MATERIALSResearch, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products. Such uses shall not create any odor, dust, smoke, gas, noise, radiation, vibration, or similar pollution.
SEASONAL FARM STANDAn open-air structure not permanently affixed to the ground used for the seasonal display and sale of agricultural products principally grown on site, with no space for customers within the structure itself.
SERVICE ANIMALIn accordance with the American Disabilities Act (ADA), a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. Dogs or animals whose sole function is to provide comfort or emotional support do not qualify as service animals under ADA.
SETBACKThe distance between the front, rear or side lines of the lot, and the front, rear and side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the nearest portion of the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."
SHORT-TERM RENTALThe use and enjoyment by guests of a dwelling unit, or any portion thereof, for a period of less than 30 consecutive days, in exchange for money, commodities, services, or other performances. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated in this chapter separately from short-term rentals are not considered to be short-term rentals.
SMOKE AND VAPE SHOPSAny shop, store or business of which 2% or more of its retail floor space is dedicated to the sale of tobacco products and/or smoking paraphernalia, as herein defined.
SMOKING PARAPHERNALIAAll equipment, products, and materials, of any kind, which are used, intended for use, or designed and/or adapted for use in packaging, repackaging, storing, containing, injecting, ingesting, inhaling and/or otherwise introducing into the human body tobacco products.
SOLAR ENERGY SYSTEMSThe components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment.
STACKING SPACEAny temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or other required parking spaces.
STORAGE FACILITIESStructures containing generally small, individual, compartmentalized stalls or lockers offered for rent or lease to the general public as individual storage spaces and characterized by low parking demand. Premises may include retail or wholesale sales related to storage (e.g., boxes, locks, tape, protective material, etc.) and the storage of vehicles and boats.
STORYThat portion of a building included between the surface of the floor and the ceiling next above it, having a height of at least seven feet six inches.
STREET or HIGHWAYA right-of-way formally dedicated to public use or accepted or maintained by the appropriate governmental or municipal body for public use.
STREET, ARTERIALA street which is used for fast or heavy traffic, primarily between communities or large areas.
STREET, COLLECTORA street which carries traffic from minor streets to arterial streets.
STREET, MINORA street which is intended primarily for access to abutting properties.
STRUCTUREAnything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including, but within limitation, swimming and wading pools, covered patios, towers, smokestacks, poles, etc., except outdoor areas such as paved areas, walks, and also except auxiliary service equipment, such as air conditioners, air compressors, water pumps, electric generators and the like.
SUITABLE VEGETATIONVegetation in sufficient quantity and of sufficient maturity so as to prevent erosion, maintain the general character of the area, and provide effective screening when such purpose is warranted.
SUITABLY LANDSCAPEDLandscaped with vegetation of a type sufficient to effectively screen differing uses, enhance the quality of the environment and protect the general welfare.
TAVERNA business where alcoholic beverages are sold for on-site consumption as the primary use where any food service is subordinate to the sale of alcoholic beverages and which may also include entertainment such as live music and/or dancing, comedy, etc., excluding adult establishment activities. This definition includes bars, taverns, pubs, beer brewing as part of a microbrewery, and other beverage tasting facilities.
TELECOMMUNICATION FACILITYAny or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for cellular/personal computer operation.
TELECOMMUNICATION TOWERA structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier, but excluding those used exclusively for fire, police, emergency medical services and other municipal dispatch communications, or exclusively for private radio and television reception and private citizens bands, amateur radio and other similar private, residential communications.
TOBACCO PRODUCTSTobacco, tobacco products, including but not limited to cigarettes, chewing tobacco, cigars, electronic cigarettes, vape pens, vapors, e-liquids, e-vaporizers and other like substances, CBD (cannabidiol), and CBD products, including but not limited to CBD gummies and/or CBD oil.
TRADE SERVICESAny business and office spaces related to the construction trade, including but not limited to electrical, heating, plumbing, carpentry, paving companies, concrete companies, sand and gravel companies, topsoil companies, bricklayers, on-site wastewater treatment installation companies, well drillers, installation and building companies and similar businesses where machinery, equipment, supplies and materials are stored indoors and maintained for use or installation at another location.
USEThe purpose for which any structure or part thereof and the premises or any part thereof is occupied or intended to be occupied, or if unoccupied, the purpose for which it may be occupied.
UTILITY BUILDINGS AND YARDSA facility other than a telecommunication tower or telecommunications antenna for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision of electricity, gas, steam, heat, communication, water, sewage collection, or other such service to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, and, office or administration buildings.
VEHICLE RENTAL/LEASING/SALESEstablishments which may have showrooms or open lots for selling, renting or leasing automobiles, light trucks, motorcycles, boats, and ATVs or parts thereof. Portions of the principal building may be dedicated to incidental minor repairs.
VEHICLE SERVICESIncidental minor repairs to include replacement of parts and service to passenger cars (e.g., tire repair/replacement, oil changes); general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body or frame, straightening or repair, overall painting, or paint shop.
VEHICULAR FUELING AND SERVICE STATIONSEstablishment that primarily retails automotive fuels and related accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. Car washes and other minor automobile self-services shall be incidental to the gas station.
VETERINARY OFFICESEstablishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals. Incidental boarding may be provided, but commercial boarding and animal shelters are not included in this definition.
WAREHOUSINGFacilities specific to the storage of furniture, household goods, cold storage, or other commercial goods of any nature. May include an outdoor storage component, provided that the outdoor storage is not the primary use. These facilities are not involved in manufacturing or production. Where containerized cargo is centralized and stored it shall be considered warehousing.
WHOLESALE ESTABLISHMENTThe display, storage, sale, and distribution of goods to other firms for resale, generally to retailers, industrial, commercial, institutional, or professional business users.
WRECKA motor vehicle in such condition that it cannot be repaired, or which has remained unrepaired for 30 days after the damage occurred, or which, by reason of age and prior use, is unsuitable for use on the highway. An unlicensed motor vehicle is one for which the registration for the current year has not been issued and affixed thereto. This chapter, however, shall not be construed to prevent the storage of unlicensed vehicles in private garages upon the premises of the owners thereof.