Specifically defined words are as follows:
ACCESSORY DWELLING UNITA second dwelling unit located on the same lot as a principal single-family dwelling, located either within the principal dwelling or within an accessory structure, which is subordinate to the principal dwelling in terms of size, location, and appearance. Such a dwelling is an accessory use to the principal dwelling.
ACCESSORY STRUCTUREA structure incidental and subordinate to the principal structure and located on the same lot with such principal structure, including private garages. Where an accessory structure is attached to the principal structure in a substantial manner, as by a wall or roof, such accessory structure shall be considered part of the main structure.
ACCESSORY USEA use customarily incidental and subordinate to a principal use and located on the same lot.
ADAPTIVE REUSEThe development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADULT ENTERTAINMENT USEAny business or activity conducted for gain, either as a principal or accessory use, which devotes or intends to devote more than 25 square feet of net floor area or more than 10% of its total net floor area, whichever is less, or more than 10% of the volume of its stock, to display, exhibit or disseminate material distinguished or characterized by emphasis on the display or depiction of sexual activity or specified anatomical areas, regardless of whether by live entertainment, motion picture, videocassette, photograph, cartoon or other means, in a manner unsuitable for viewing by minors or otherwise prohibited by the statutes of New York State.
AGRICULTURAL USEShall be land used primarily for agricultural purposes in a commercial manner. "Agricultural use," therefore, is a principal use and must be on land consisting of at least two acres, and is used for raising livestock, agricultural products, including farm structure and storage of agricultural equipment; riding and boarding stables; and as an accessory use sale of agricultural or forest products raised on the property. This definition is not intended to cover accessory agricultural uses by homeowners who wish to have gardens or raise other agricultural products for personal use.
[Amended 6-17-2015 by L.L. No. 7-2015]
BED-AND-BREAKFAST INNA house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
BOARDING HOUSEA building other than a hotel or motel containing a shared kitchen and/or dining room in which as least three but not more than six sleeping rooms are offered for rent, with or without meals.
BREWPUBAn eating and drinking establishment where certain beverages are prepared on the premises for on-site consumption. The brewing and retail sale of such beverages is accessory to the eating and drinking establishment.
[Added 2-17-2021 by L.L. No. 1-2021]
BUILDINGA structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or property.
BUILDING FRONTThe wall of a building that faces the street that is included in the property address.
BUILDING HEIGHTThe vertical distance of a building measured from the average elevation of the finished grade at the front of the building to a) the highest point of the roof for flat and mansard roofs, or b) the average height between eaves and ridge for other types of roofs.
CAR WASHA building or premises or portions thereof used for the cleaning, washing, polishing, or waxing of motor vehicles.
CEMETERYProperty used for the interment of the dead.
CERTIFICATE OF COMPLIANCEA certification by the Zoning Officer that a lot, structure, or use of land has been developed in conformity with an approved zoning permit and/or complies with the provisions of this chapter, and may be occupied and used for the purposes specified in such zoning permit and/or certificate of compliance.
CLUBA building or use catering exclusively to club members and their guests for recreational purposes, not operated primarily for profit, including YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs which may have dormitory accommodations.
COMMERCIAL FACILITYA facility where retail sales and service are conducted, including sales and service for new and used automobiles, trucks, mobile homes, boats, recreational vehicles, farm implements, tree nurseries and other large items stored outdoors for retail sales; business or institutions providing overnight accommodations; institutional residences or care or confinement facilities; and storage and parking facilities. This definition shall not include "group dwellings."
COMMERCIAL USEAn occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
COMMUNITY CENTERA building used for recreational, social, educational and cultural activities, owned and operated by a public or nonprofit group or agency.
COMMUNITY EVENTSAny planned gathering on public property consisting of 50 or more people, or any-sized event which blocks or reserves access to public property or a right-of-way. Examples include but are not limited to preplanned marches; demonstrations; parades; and weddings.
[Added 6-19-2019 by L.L. No. 4-2019]
CONVENIENCE STOREA retail establishment offering for sale food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
DAY-CARE, CHILDA use defined as "child day-care" in Section 390 of Social Services Law.
DWELLINGA building or part thereof used as living quarters, and not including a motel, hotel, boarding house, bed and breakfast, trailer or similar structure.
DWELLING, GROUPA dwelling intended to house a group of individuals not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
DWELLING, ONE-FAMILYA dwelling, other than a manufactured home, containing no more than one dwelling unit. This definition includes modular homes.
DWELLING, TWO-FAMILYA dwelling, other than a manufactured home, containing no more than two dwelling units. This definition includes modular homes.
DWELLING UNITA building or part thereof used as self-contained living quarters for one family living independently with cooking and bathing facilities.
DRIVE-IN USEA use which provides physical facilities which permit the service of customers while remaining in their motor vehicle.
ESSENTIAL FACILITIESThe operation or maintenance by municipal agencies or public or private utilities of telephone dial equipment centers; electrical or gas substations; water treatment, storage and transmission facilities; pumping stations; and similar facilities; but not including power generation facilities.
FAMILYOne or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such single housekeeping unit shall contain more than five members.
FREESTANDING SIGNSSigns that are secured in the ground and which are not attached to, supported by, or erected on a building or other structure having a principal function other than the support of such signs.
FUNERAL HOMEA building used for the preparation of the deceased for burial or cremation, the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PUBLICA building used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking of privately owned vehicles.
GARAGE, REPAIRA building designed and used for the storage, care, repair, or refinishing of motorized vehicles including both minor and major mechanical overhauling, paint, and body work.
HEDGEA boundary formed by closely growing bushes or shrubs.
HOME-BASED BUSINESSAn occupation, profession, business activity, or use that is clearly a customary, incidental, and secondary use of a dwelling, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITALA building or structure for the diagnosis and treatment of human ailments (including obstetric and psychiatric care) and the furnishing of medical and surgical care on an overnight basis.
HOTELA building containing primary hotel units, for the purpose of furnishing lodging, with or without meals, for transient occupancy; and with management maintaining a register, and providing daily housekeeping and other incidental services, including desk, telephone, or bellboy services.
INDUSTRIAL USEThose fields of economic activity including manufacturing; construction; transportation; communication; electric, gas and sanitary services; other than those uses otherwise defined in this chapter; and excluding those uses prohibited by this chapter.
JUNKYARDLand or buildings used for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, wrecking, dismantling, storage, salvaging and sale of machinery parts or the presence of junk vehicles further defined as any motor vehicle, whether automobile, bus, trailer, truck, tractor-trailer, motor home, motorcycle, bicycle, mini-bicycle, snowmobile or any other device originally intended for travel on a public highway that meets any of the following: is unlicensed, abandoned, wrecked, stored, discarded, partly dismantled and not in condition to be used upon a public highway.
[Amended 6-17-2020 by L.L. No. 4-2020]
LIGHT INDUSTRIAL USE 1A use involving the assembly, manufacturing and/or processing of a product, but not producing noisy or otherwise objectionable disturbances such as vibration, dust, odors, or heavy truck traffic, and not involving the use of heavy machinery.
[Added 2-17-2021 by L.L. No. 1-2021]
LOTLand occupied or to be occupied by a principal use or structure and accessory uses or structures, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the zone in which such land is situated, and having frontage on a street, or other means of access.
LOT AREAThe total area within the property lines of a lot excluding any part lying within the boundaries of an existing or proposed public street.
LOT COVERAGEThat the percentage of the lot area covered by the building area, including all principal and accessory structures, decks, porches, and carports which are open at the sides, but excluding parking lots and access driveways and roadways.
[Amended 7-20-2022 by L.L. No. 5-2022]
LOT DEPTHThe horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
LOT FRONTAGEThe distance measured across the width of the lot at the street line.
MANUFACTURED HOMEA structure (formerly defined as a mobile home), transportable in one or more sections, which is at least eight feet in width and 32 feet in length, which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities. A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This definition shall not be construed to include factory manufactured homes known as "modular homes" bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.
MANUFACTURED HOME PARKLand on which two or more manufactured homes are parked, and occupied for living purposes.
MIXED-USE DEVELOPMENTA lot or structure with a variety of complementary and integrated uses such as, but not limited to, residential, office, light industrial, retail sales and service, general, restaurant/bar/hotel/motel, antique shop, and artisan shop.
[Added 2-17-2021 by L.L. No. 1-2021]
MODULAR HOMEA factory manufactured home bearing an insignia issued by the State Fire Prevention and Building Code Council as required in 9 NYCRR 1212.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.
NONCONFORMITYA lot, structure, or use of land which lawfully existed prior to the enactment of this chapter, or conformed to the regulations of the zone in which it was located prior to the amendment of this chapter; which does not conform to the regulations of the zone in which it is located following the enactment or amendment of this chapter.
OFFICE, BUSINESSA room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. Business offices are generally not open to the general public.
PARKA tract of land used by the public for active and/or passive recreational purposes.
PARKING LOTA tract of land used for the temporary parking of motor vehicles when such use is not accessory to any other use.
PLANNING BOARDA board appointed by the Village Board pursuant to § 7-718 of the Village Law to implement this chapter.
PRINCIPAL SOLAR ENERGY SYSTEMA solar energy system consisting of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators and heat exchangers, substations, electrical infrastructure, transmission lines and other related structures and facilities which has a rated capacity of more than 25 kilowatts for electricity or rated storage volume of more than 240 gallons or has a collector area of more than 1,000 square feet for thermal. It is noted that any system with a name plate generating capacity of 25 megawatts or more is subject to the requirements, terms, and conditions of Article 10 of the New York State Public Service Law.
PRINCIPAL STRUCTUREA structure through which the principal use of the lot on which it is located is conducted.
RECREATION, INDOORA place designed and equipped for the conduct of sports and leisure-time activities where all activities are conducted within buildings.
RECREATION, OUTDOORA place designed and equipped for the conduct of sports and leisure-time activities where some or all activities are conducted outside of buildings.
RELIGIOUS INSTITUTIONA church, synagogue, or other place of religious worship, as well as a monastery or other place of religious retreat, which is tax-exempt and incorporated.
RESTAURANT/BARAn establishment where food and/or alcoholic beverages are prepared, served and consumed.
RESTAURANT/NO ALCOHOLAn establishment where food and nonalcoholic beverages are prepared, served and consumed.
RETAIL GASOLINE OUTLETAn establishment that sells gasoline to the public. Sales of food products, household items, and other goods commonly associated with the same may also be included.
RETAIL SALES AND SERVICE, GENERALA commercial facility engaged in the indoor selling of goods or merchandise to the general public for personal or household consumption; or providing indoor retail services or entertainment to the general public such as finance, real estate and insurance, personal services, amusement and recreational services, healthcare and medical offices, educational and social services; and not including "retail sales and service, large-product."
RETAIL SALES AND SERVICE, LARGE-PRODUCTA commercial facility including sales, rental, lease and service or repair for new and used automobiles, trucks, mobile homes, boats, recreational vehicles, farm implements, tree nurseries and garden shops and other large items stored outdoors.
ROADSIDE STANDA stall or booth of a temporary nature for the sale of farm or garden products grown on the premises. Roadside stands are portable, not fixed to the ground, and not entered by customers.
ROOFTOP SIGNSAny sign erected, mounted or placed on the roof of a building, or mounted or placed on any face of a building in a manner such that any portion of the sign extends vertically above the building eaves.
[Added 6-19-2019 by L.L. No. 4-2019]
SCHOOLAny school licensed by the state and which meets the state requirements for elementary or secondary education.
SIGNAny device, structure, building or part thereof, for visual communication used for the purpose of bringing the subject thereof to the attention of the public.
SIGN, AWNINGAny sign that is painted, engraved, or attached to an awning. An awning is supported from a wall of a building and projects beyond the building wall, and is generally designed and constructed to provide protection against weather.
SIGN, CANOPYA sign that is erected on a separate, freestanding, roof-like covering.
SIGN, OFF-PREMISES ADVERTISINGAny sign, pictorial or otherwise, that directs attention to a business, commodity, attraction, profession, service, or entertainment conducted, sold, or manufactured, existing or provided at a location other than on the premises where the sign is located or to which it is affixed.
SIGN, ON-PREMISES BUSINESSA sign which directs attention to a business, industry, profession, service, commodity, or entertainment sold or offered upon the same lot on which it is displayed, including real estate signs.
SIGN, PROJECTINGAny sign which is erected on a building wall or structure and extends beyond the wall of the building more than 12 inches.
SIGN, TEMPORARYA sign designed and intended to be displayed for a short period of time.
SIGN, WALLA sign attached to the exterior wall of a building or structure which does not extend from the building wall more than 12 inches.
SILOAn accessory structure used for either agricultural or manufacturing storage.
[Added 7-20-2022 by L.L. No. 5-2022]
SITE PLAN REVIEWA process for the Planning Board review of site characteristics of a use prior to the Zoning Officer issuing a zoning permit.
SMALL SOLAR ENERGY SYSTEMA solar collection system consisting of one or more roof- and/or ground-mounted related equipment, which has a rated capacity of less than or equal to 25 kilowatts (for electricity) or rated storage volume of the system of less than or equal to 240 gallons or that has a collector area of less than or equal to 1,000 square feet (for thermal) and is intended to primarily reduce on site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal energy solely for on-site use, except when a property upon which the facility is installed also receives electrical power supplied by a utility company and in such case excess electrical power may be used by the utility company.
SMOKE SHOP AND/OR TOBACCO STOREAny premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.
[Added 9-15-2021 by L.L. No. 6-2021]
SOLAR ENERGY SYSTEMA solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation or transfer of stored heat.
SPECIAL USE PERMITA permit for a use which must be approved by the Planning Board, granting permission to the Zoning Officer to issue a zoning permit.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
STREETA public way for vehicular traffic which affords the principal means of access to abutting properties.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground, or attachment to something located on the ground, except a wall or fence on a farm.
TOBACCOAny preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
[Added 9-15-2021 by L.L. No. 6-2021]
TOBACCO PARAPHERNALIAAny paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of "tobacco paraphernalia."
[Added 9-15-2021 by L.L. No. 6-2021]
TOBACCO PRODUCTAny product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
[Added 9-15-2021 by L.L. No. 6-2021]
TRAILER, VEHICULARA vehicle which is customarily towed by a motor vehicle and is used for carrying or storing goods, equipment, machinery or boats, or is used as an office.
TRUCK TERMINALA building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.
USEThe purpose or activity for which land or structures are designed, arranged, or intended, or for which land or structures are occupied or maintained.
VARIANCEAny departure from the strict letter of this chapter granted by the Zoning Board of Appeals as it applies to a particular piece of property.
WAREHOUSINGTerminal facilities for handling freight with or without maintenance facilities, and buildings used primarily for the storage of goods and materials.
WHOLESALE TRADEEstablishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARDAn open space located on the same lot with a structure, unoccupied and unobstructed from the ground up, except for accessory structures, or such projections as are expressly permitted in this chapter. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main structure.
YARD, FRONTThe space within and extending the full width of the lot from the street line to that part of the structure which is nearest to such street line. If a lot adjoins two or more streets, the yard that faces the street used in the property address shall be considered the front yard.
YARD, REARThe space within and extending the full width of the lot from the rear lot line to that part of the structure which is nearest to such rear lot line.
YARD, SIDEThe space within and extending the full distance from the front yard to the rear yard and from the side lot line to that part of the structure which is nearest to such side lot line.
ZONING BOARD OF APPEALSA board appointed by the Village Board pursuant to § 7-712 of the Village Law to hear and decide appeals of this chapter.
ZONING PERMITA permit issued by the Zoning Officer certifying that all plans for the use and development of land comply with the regulations of this chapter, and granting permission to commence development activities in conformity with the conditions of the approved permit.
ZONING OFFICERAny person appointed by the Village Board to enforce the provisions of this chapter.