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Hilton City Zoning Code

ARTICLE II

General Provisions

§ 275-4 Application of district regulations.

No site or structure shall be used, no structure shall be erected and no existing structure shall be moved, altered or enlarged except in conformity with the regulations for the district in which the site, structure or use is located. Where this chapter imposes greater restrictions than those imposed or required by other rules, regulations, ordinances, or laws, the provisions of this chapter shall control.

§ 275-5 Zoning districts established.

The districts established by this Zoning Local Law, and subject to future amendments, shall be as follows:
R
Residential District
MR
Multiple-Residence District
C
Commercial District
CB
Central Business District
TMD
Transitional Mixed-Use District
I
Industrial District
L-1
Light Industrial District
PRD
Planned Residential Development District
PRD-S
Planned Residential Development District - Senior
IZ
Incentive Zoning District
MUO
Mixed-Use Overlay District

§ 275-6 District boundaries.

The boundaries for each district listed as part of this chapter are the boundaries indicated for the district by the map entitled "The Official Zoning Map of the Village of Hilton," dated with the effective date of this chapter, which is hereby adopted by reference and declared to be part of this chapter, and hereinafter known as the "Zoning Map."

§ 275-7 Official Zoning Map.

A. 
There shall exist only one Official Zoning Map which shall be kept in the office of the Village Clerk, and it shall bear the seal of the Village of Hilton, a certification that it is the Official Zoning Map of the Village of Hilton and its date of adoption.
B. 
Copies of this Map, which may from time to time be published and distributed, would be accurate only as of the date of their printing and shall bear words to that effect.
C. 
Changes made in district boundaries or other matters portrayed on the Official Zoning Map under the provisions of this chapter shall be permanently affixed to the Official Zoning Map promptly after the amendment has been approved by the Village Board and shall convey information as to the date and the nature of the change. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until such change and entry has been made on said Map and has been attested to by the Village Clerk.

§ 275-8 Interpretation of zoning district boundaries.

All zoning district boundaries shall follow property lines, center lines of streets, railroads, alleys, corporate limits or streams, unless otherwise located by appropriate reference in the Official Zoning Map. In the event that the above rule is not applicable, the location of such boundary will be dimensioned. Where features on the ground are at variance with those shown on the Official Zoning Map, the Zoning Board of Appeals shall interpret the district boundaries.

§ 275-9 Provisions applicable to all districts.

A. 
Except as otherwise expressly provided in this chapter, no animals, fowl or poultry shall be housed or kept on any lot other than customary household pets.
B. 
Swimming pools.
(1) 
Private swimming pools are permitted in the Residential, Multiple Residential and the Limited Commercial Districts, provided that there is an existing residence on said lot and that said pool is located in the rear yard no closer than eight feet to the side or rear property lines, if a one-family or two-family residence.
(2) 
For multiple residences, the location shall be subject to site plan approval, with the objective being that the pool shall be unobtrusive.
(3) 
Underwater lighting and exterior lighting directed and shielded from any adjoining property is permitted.
(4) 
All overhead utilities are prohibited over the pool area.
(5) 
Pools may not be drained into sanitary sewers or septic systems.
(6) 
Plans must be approved and a permit issued by the Code Enforcement Officer prior to construction.
C. 
Storage of vehicles, campers, RV trailers and boats. Motor vehicles, trailers, campers or boats and other recreational vehicles may be stored on a lot outside, if the following conditions are met:
(1) 
They are behind the front plane of the principal dwelling and within the side and rear setbacks applicable to said lot, with the exception of April 1 through November 1 when they may be in a front area driveway of any residential or business lot.
(2) 
At no time can recreational vehicles, trailers or boats be parked or stored in the driveway that would be closer than 15 feet distant from the nearest street, curb or edge of pavement.
(3) 
A maximum of one ancillary vehicle, recreational vehicle or boat may be stored outside on any residential lot.
(4) 
The vehicle must be owned by a full-time resident of the property.
(5) 
Recreational vehicles shall not have fixed connections to electricity, water, gas or sanitary facilities, nor shall recreational vehicles at any time be used for living or housekeeping purposes while on the premises.
(6) 
Any such recreational vehicle shall be kept in good repair and in working condition, with current license plate and/or registration or license plate and/or registration from the previous 12 months, unless stored within a garage.
D. 
Fences. The face side of any fence erected in any district shall face the nearest abutting property, and all posts or supports shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side.

§ 275-10 Uses prohibited in all districts.

A. 
Storage of junk. The outside storage of junk, wrecks and/or unlicensed motor vehicles is prohibited in all districts except areas designated for new or used car sales and except as otherwise permitted in § 172-3M of Chapter 172.
B. 
Stripping of topsoil. Soil stripping and the sale or disposition of topsoil, except for use on the premises from which it comes, is prohibited except for lawful excavations for cellars and other structures.
C. 
Storing and dumping of refuse. The storing or dumping of refuse, waste material or other substances is prohibited in all districts within the Village.
D. 
Sidewalks. Obstructing the free passage of a public sidewalk in any manner or by any means is prohibited.
E. 
Outdoor wood furnaces. The construction and/or operation of any outdoor wood furnace is prohibited in all districts within the Village of Hilton.
F. 
Dogs.
(1) 
It shall be unlawful to permanently keep or harbor more than three dogs which are more than four months of age within the confines of any lot within the Village of Hilton, unless the property owner or resident complies with the provisions of Subsection F(2) of this section.
(2) 
A property owner or resident seeking to retain more than three dogs on his/her premises may apply for a special use permit to operate a kennel.
(a) 
A separate application shall be made for each dog in excess of three on any given premises at any given time, shall specifically identify each dog and shall be specific to each dog.
(b) 
Said application shall be made to the Zoning Board of Appeals (ZBA), which shall review applications on a case-by-case basis.
(c) 
The ZBA shall consider the effect on the character of the neighborhood in the event additional dogs are permitted to remain on the property owner's or resident's premises.
(d) 
A property owner or resident applying for a special use permit must have had no violations of Chapter 9 of the Parma Town Code during the 12 months prior to the application.
(e) 
In the event a permit is granted by the ZBA, the permit shall be specific to the dog identified in the application and will terminate:
[1] 
Upon the death or removal from the property owner's or resident's premises of any dog for whom the permit was issued;
[2] 
Upon the death or relocation from the premises (even if to a location within the Village of Hilton) of any property owner to whom the permit was issued;
[3] 
Five years following the date the permit was issued.
(f) 
The permit may be revoked by the ZBA in the event that the property owner is convicted of two violations of Chapter 9 of the Parma Town Code within any 12-month period; or if any dog owned by the property owner or resident is determined to be a dangerous dog pursuant to Chapter 9 of the Town of Parma Code or the New York State Agriculture and Markets Law; or for good cause, as determined by the Zoning Board of Appeals, based upon the health, safety and best interests of the neighborhood and community.

§ 275-11 Word usage.

The following rules of construction of language shall apply to the text of this chapter.
A. 
Words used in the present tense include the future tense.
B. 
Words used in the singular include the plural, and words used in the plural include the singular.
C. 
The word "lot" includes the word "plot," "parcel," or "tract."
D. 
The word "person" includes an individual, firm or corporation.
E. 
The word "shall" is always mandatory.
F. 
The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
G. 
A "building" or "structure" includes any part thereof.
H. 
The words "to erect," "to construct" and "to build" a building have the same meaning and include "to excavate" for a building, and "to relocate" a building by moving it from one location to another.
I. 
The word "premises" includes a lot and all the buildings thereon.

§ 275-12 Definitions.

The following words and phrases as used in this chapter are defined as indicated:
ACCESSORY STRUCTURE OR USE
A 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 USE
A 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 SHELTER
A 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 HOUSE
A 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.
APARTMENT HOUSE, LARGE
An apartment house containing seven or more dwelling units.
APARTMENT HOUSE, SMALL
An apartment house containing six or fewer dwelling units.
ART STUDIO
Facilities 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 LOFTS
The reuse of existing structures, generally commercial or industrial buildings, to create open apartment living spaces.
AUCTION HOUSE AND FLEA MARKETS
A 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.
BANK
A 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.
BASEMENT
That portion of a building that is partly or entirely below grade level.
BATTERY ENERGY STORAGE SYSTEM
One 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 BREAKFAST
A 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.
BLOCK
The 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.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, or chattel.
BUILDING FOOTPRINT
The 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, OUTDOOR
Space exterior to a specialty restaurant utilized for patrons. Such space is commonly within a right-of-way or sidewalk.
CAMPGROUND
A 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 WASHES
The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
CLUB ORGANIZATION
An 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 AREAS
Space 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 FACILITIES
Facilities 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 FACILITY
A 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.
CONDOMINIUMS
A 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 CENTER
A 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 CARGO
Cargo 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 YARDS
A 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 FACILITY
An 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 USE
The 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 SERVICES
Facilities 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 CENTER
Any 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 HOME
An 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 FACILITY
Facilities 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 CLEANING
A 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."
DWELLING
A 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 UNIT
A 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, MANUFACTURED
A 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 ATTACHED
A 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, SINGLE-FAMILY DETACHED
A detached building consisting of one dwelling unit.
DWELLING, TWO-FAMILY
A building consisting of two dwelling units that share walls, floors, and/or ceilings and other common areas.
DWELLINGS, COTTAGE COURT
A 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 SCREENED
A 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 APARTMENT
A 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, INDOOR
An 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, OUTDOOR
A 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 VENUE
A 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.
FARM
Any parcel which is used for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used.
FARM AND CRAFT MARKET
A 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 SERVICE
Establishments 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.
FENCE
A 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 STATIONS
The conduct of safety and emergency services, such as, but not limited to, firefighting, police, and emergency medical and ambulance service.
FLOOR AREA, GROSS
The 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, HABITABLE
The 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 HOMES
A facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted.
HEALTH CARE FACILITIES, INPATIENT
A 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 FACILITY
A 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 BUILDING
The vertical dimension measured from the average finished grade touching the exterior walls of the building to the highest peak of the roof.
HOME OCCUPATION
A nonresidential use clearly subordinate and accessory to the permitted principal residential use of the premises.
A. 
HOME OCCUPATION, MAJORAny home occupation that is not a minor home occupation.
B. 
HOME OCCUPATION, MINORAny home occupation that:
(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.
HOTEL
Any 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 SURFACE
Any 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 SPACE
A 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 ROAD
A road wholly within a single residential development, whether dedicated or not, which is designed solely to provide access to the residences therein.
JUNK
Includes 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.
JUNKYARD
A. 
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.
KENNEL
Any premises on which four or more dogs, four months of age or older are kept, bred and/or boarded.
LIVE-WORK UNITS
A 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 AREA
The area within property lines, excluding any portion thereof, within the boundaries of a street or highway right-of-way.
LOT COVERAGE
The sum of all building footprints on a lot divided by the lot area.
LOT LINE, FRONT
The line separating the lot from the boundary of the highway or right-of-way upon which the lot abuts.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
The lot line other than a front or rear lot line.
LOT, CORNER
A 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 ROAD
All state and county roads and highways or federal aid eligible roadways.
MANUFACTURING, HEAVY
A 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, LIGHT
A 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 CLINICS
Facilities 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.
MINING
The 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 BUILDING
A 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) DISTRICT
An overlay district established by the Village Board of Trustees establishing the boundaries of areas eligible for rezoning to MX District.
MOTEL
A 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.
MULTIPLE-FAMILY BUILDING
See "apartment house."
MULTIPLE-FAMILY DWELLING UNIT
A dwelling unit in an apartment house; dwelling units in townhouses, as well as in other apartment houses.
NONCONFORMING USE OR STRUCTURE
A 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 STORES
A commercial agricultural establishment engaged in the production and sale of ornamental plants and other nursery products.
OPEN SPACE
An area unoccupied by any building, structure or parking area, whether paved or unpaved.
OVERLAY DISTRICT
A zoning district superimposed on existing zoning districts which implements additional regulations or procedures.
PARKING SPACE
The area for vehicle parking.
PARKS AND PLAYGROUNDS
An 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 SERVICES
Establishments 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.
PLAN
A 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 SITE
A complete and exact site plan, prepared for official recording as required by statute, to define property rights, proposed streets and other improvements.
PLAN, PRELIMINARY SITE
A 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, SKETCH
An 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 GREENHOUSES
A building used for the growing of plants, all or part of which are sold at retail or wholesale.
PROFESSIONAL SERVICES
Use 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 OFFICE
Buildings 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 INSTITUTION
Any 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 FACILITY
A 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.
RESTAURANT
A 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, SPECIALTY
Establishments 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 MATERIALS
A 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 SALES
Stores 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.
SCHOOL
A 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 MATERIALS
Research, 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 STAND
An 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 ANIMAL
In 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.
SETBACK
The 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 RENTAL
The 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 SHOPS
Any 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 PARAPHERNALIA
All 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 SYSTEMS
The 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 SPACE
Any 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 FACILITIES
Structures 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.
STORY
That 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 HIGHWAY
A right-of-way formally dedicated to public use or accepted or maintained by the appropriate governmental or municipal body for public use.
STREET, ARTERIAL
A street which is used for fast or heavy traffic, primarily between communities or large areas.
STREET, COLLECTOR
A street which carries traffic from minor streets to arterial streets.
STREET, MINOR
A street which is intended primarily for access to abutting properties.
STRUCTURE
Anything 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 VEGETATION
Vegetation 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 LANDSCAPED
Landscaped with vegetation of a type sufficient to effectively screen differing uses, enhance the quality of the environment and protect the general welfare.
TAVERN
A 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 FACILITY
Any 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 TOWER
A 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 PRODUCTS
Tobacco, 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 SERVICES
Any 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.
USE
The 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 YARDS
A 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/SALES
Establishments 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 SERVICES
Incidental 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 STATIONS
Establishment 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 OFFICES
Establishments 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.
WAREHOUSING
Facilities 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 ESTABLISHMENT
The display, storage, sale, and distribution of goods to other firms for resale, generally to retailers, industrial, commercial, institutional, or professional business users.
WRECK
A 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.