For the purpose of this chapter, certain words and terms shall have the following meanings. Unless defined below, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
ACCESSORY BUILDING OR STRUCTUREA subordinate building clearly incidental to the principal building or principal use on the same lot, or declared to be accessory to permitted uses by this chapter, and used for purposes customarily incidental to those of the principal building. Examples include, but are not limited to, temporary or portable vehicle shelters of any size and the following structures when over 120 square feet in size: garages, sheds, pole barns, greenhouses, gazebos, stick-built prefabricated storage buildings.
ACCESSORY USEA permitted land use activity which is subordinate, incidental, and secondary to the main use permitted on the same lot.
AUTOMOBILE SERVICE STATIONA building, structure or tract of land used for the storage and sale of gasoline, motor fuel, lubricants, accessories, supplies and any other materials related to the maintenance or equipment of automobiles or in which repairs, adjustments, maintenance or the equipping of automobiles is conducted. The term shall include, without limitation, the rendering of the following services: fueling or changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; and installing windshield wiper blades or light bulbs. The term shall not include any such establishment which renders such services or stores such materials for a single commercial or industrial establishment rather than offering such services and materials to the public.
BED-AND-BREAKFASTA dwelling in which no more than four guest rooms are rented to guests, with no more than one meal served daily, and the entire service, food and lodging, is to be included in one stated price. The proprietor must reside on the premises.
BUILDINGAny structure, permanent or temporary, where space is covered or enclosed.
CORNER LOTA lot which has an interior angle of less than 135º at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135º.
COVERAGEThat percentage of the lot, plot or land area covered by the building area.
DECKAn exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports, which shall not be enclosed except for required open guardrail and which is unroofed except for retractable awning or other similar temporary cover.
[Added 3-11-2004 by L.L. No. 4-2004]
DRIVEWAYEvery entrance or exit used by vehicular traffic to or from lands or buildings abutting a street.
DWELLINGAny building or other shelter containing one or more rooms, with living, cooking, sanitary, and sleeping facilities arranged for the permanent occupancy of one family and used exclusively therefor, unless otherwise permitted.
DWELLING UNITA structure or part of a structure containing a room or rooms designed for human occupancy by one family and including customary kitchen facilities.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or Village or other governmental agencies of underground or overhead gas, electrical or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Village or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILYOne or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
FRONT LOT LINEIn the case of a lot abutting upon only one street, the line separating such lot from such street. In the case of a lot that abuts more than one street, the "front lot line" will be determined as the street contained in the mailing address for the lot.
FRONT YARDA yard between the front lot line and the front line of a building, excluding entranceway, extended to the side lot lines of the lot.
GARAGE, PRIVATEAn accessory building designed or used for the storage of private motor vehicles, or other personal property, owned and used by the occupants of the building to which it is accessory.
GREEN SPACEAn area on a developed site that includes plantings, flower beds, lawn and other landscaping; maintained open space.
HEIGHTThe height of a building is the vertical distance measured from the average elevation of the proposed grade line of the ground about the building to the mean height between the eaves and ridge for pitched roofs and to the highest part of the roof for parapet roofs.
HOME OCCUPATIONA business, profession, occupation or trade conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
A. Home occupations shall include, but shall not be limited to, a hairdresser, barber, doctor, lawyer, insurance agent, financial consultant, accountant, tutor, artist, author, surveyor, engineer, architect, licensed massage therapist, computer consultant, home secretary, contractor's office, custom dressmaking or tailoring, cosmetologist and desktop publishing.
B. The occupation must be conducted by the person or persons owning and residing in the dwelling unit and no more than one additional employee, whether employed on site or off site.
C. There shall be no external evidence of the occupation other than one sign, not exceeding four square feet in area, which shall be attached to the dwelling.
D. A home occupation shall generate no traffic which cannot be accommodated in the existing residential driveway serving the residence and shall produce no noise, smoke, dust, odor, heat, glare or electronic disturbances beyond the lot it occupies.
E. The amount of the entire dwelling that may be used for the conduct of the home occupation shall be no more than 25% of the living space. For purposes of this section, living space shall not include the garage, attic or cellar, and such home occupation may not be conducted in such space.
HOSPITALAn institution providing health services primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTELA dwelling where rooms for 10 or more persons are offered for hire, with or without meals.
JUNKED VEHICLEAny vehicle not possessing a current motor vehicle registration and parked in an unenclosed area on a lot.
JUNKYARDAn area of land, with or without buildings, primarily used for the storage, outside of a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more wrecked, abandoned or broken motor vehicles, other than in a fully enclosed building, for a period of 30 days or longer, or the major parts of two or more such vehicles, shall be deemed to make the lot a "junkyard."
LANDSCAPINGThe planting and maintenance of live plants, including trees, shrubs, ground cover, vines, grapes, flowers and other plant materials.
LOTA parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such building.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT WIDTHThe distance between the two side lot lines, measured at the required setback line.
MOBILE HOMEA transportable single-family dwelling, which may be towed on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient residential purposes and which conforms to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards, 24 CFR Part
3280, April 1, 1993.
MOTELA hotel intended primarily for transient motorists.
MULTIFAMILY DWELLING UNITA building intended or designed to be occupied by three or more families living independently of one another, each dwelling unit containing complete kitchen and sanitary facilities for each family.
NONCONFORMING USEAny use of a building, other structure or tract of land which was lawful prior to the adoption, revision or amendment of this Zoning Law but which fails to conform to the use regulations for the district in which such use is located by reason of such adoption, revision or amendment.
NURSING OR CONVALESCENT HOMEAny dwelling with fewer than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
ONE-FAMILY DETACHED DWELLINGA dwelling, designed and occupied by one family, with a minimum of 750 square feet of enclosed first-floor living area.
OVERLAY ZONEA zoning district providing for development and use standards alternative to those permitted by the primary zoning district.
PLANNED UNIT DEVELOPMENTAn area of at least three acres in size in one ownership designed and built as a single unit providing a street system and water and sewer facilities as necessary and used for residential or commercial or industrial purposes or some combination thereof.
PORCHA roofed, open structure projecting from the outside wall of a building, the sides of which shall not be enclosed except for required open guardrail. For the purposes of this definition, a retractable awning or other similar temporary cover shall not be considered a roof.
[Added 3-11-2004 by L.L. No. 4-2004]
PRIMARY ZONING DISTRICTThe following are primary zoning districts: R-1 Single-Family Residential District; R-1A Single-Family Residential District; R-2 Two-Family Residential District; R-3 Multifamily Residential District; C-1 Neighborhood Commercial District; C-2 Hanover Commercial District; C-3 Highway Commercial District; M-1 Industrial District; P-1 Planned Unit Development District.
PRINCIPAL BUILDINGThe building in which is conducted the main or principal use of the lot on which it is located. Any building which provides sleeping quarters shall be considered a "principal building."
PROFESSIONAL OFFICEA commercial use or building where personal services, as distinguished from the practice of a trade, craft, or business, are rendered by a practitioner of a learned profession (an occupation requiring special education and advanced degrees, especially in the liberal arts or sciences, and generally requiring continuing education to maintain current licensure to so practice), such as an attorney (admitted to practice law in New York State), or a licensed physician, psychologist, chiropractor, dentist, optometrist, architect, landscape architect, engineer or public accountant (all as defined or regulated by the New York State
Education Law), as well as an insurance broker or salesperson (licensed by the NYS Insurance Department), and a real estate broker or salesperson (licensed by the NYS Department of State).
[Amended 8-12-2004 by L.L. No. 7-2004; 8-14-2005 by L.L. No. 5-2005]
REAR LOT LINEThat lot line which is opposite and most distant from the front lot line.
REAR YARDA yard between the rear lot line and the rear line of the principal building extended to the side lot lines of the lot.
ROOMING HOUSEA dwelling where rooms for fewer than 10 people are offered for hire, with or without meals; sometimes termed a "boardinghouse."
ROW DWELLINGA dwelling accommodating or designed to accommodate but a single family in a single dwelling unit, the walls on two sides of which may be common with the walls of adjoining dwellings and are party or lot line walls.
SIDE LOT LINEThat lot line which is not a front lot line or a rear lot line.
SIDE YARDA yard between the principal building and a side lot line and extending through from the front yard to the rear yard.
SPECIAL USEA use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board and approval by the Board of Trustees before it may be permitted in the districts enumerated in this chapter.
TOURIST HOMEA rooming house primarily offering overnight accommodations for fewer than 10 transients.
TWO-FAMILY DWELLING UNITA building intended or designed to be occupied for residential purposes by two families living independently of one another, each dwelling unit containing separate and complete kitchen and sanitary facilities.
YARDThe space on a lot not occupied by a building.