When used in this chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY USEA subordinate dwelling unit located either within a principal residential dwelling (inclusive of garage if attached thereto) or within an approved detached accessory structure, having its own ingress and egress and providing independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation.
ACCESSORY USEA building or use clearly incidental or subordinate to and used in connection with a dwelling and located on the same lot therewith.
ARTISANEstablishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of tools and small-scale equipment. Activities do not involve the creation of noxious by-products. Examples include artist, woodworker, crafter, baker, jeweler, and potter.
BED-AND-BREAKFAST HOUSEAn owner-occupied house rented for transient tourist occupancy, with the utilization and arrangement of space within the building providing common areas such as kitchen, dining room, living room, parlors, dens and hallways for the common use by guests, but otherwise similar to that of a single-family residence.
BUILDINGAny structure having walls and covered by a roof or roofs.
BUILDING FOOTPRINTThe outline of the total area of a lot or site that is surrounded by the exterior wall of a building or portion of a building, measured at the foundation.
BUILDING HEIGHTThe vertical distance measured from the lowest elevation of the building wall at the finished grade to the highest point of the roof.
CANNABISAll parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined by this section or any drug products approved by the federal Food and Drug Administration.
CANNABIS PRODUCTS or CANNABIS-INFUSED PRODUCTSManufactured products that contain either cannabis or concentrated cannabis which are intended either for consumption via inhalation or ingestion, principally for recreational or medicinal use.
CANNABIS RETAIL DISPENSARYAny commercial operation licensed by the New York State Office of Cannabis Management which exists in a fixed location and which sells to the public cannabis products or cannabis-infused products in compliance with the provisions of the New York State Cannabis Law (and any other applicable laws now or hereafter in existence). Cannabis retail dispensaries may not sell tobacco products absent authorization by state and local law and requisite permitting. A cannabis retail dispensary does not include an on-site cannabis consumption establishment.
CARE HOMEA structure occupied as a temporary or permanent residence by three to eight persons and which is either designed principally for housing for the aged where specific age limits are prescribed by public or private regulatory or administrative agencies, irrespective of the need for custodial care and/or supervision on the premises, or which is designed for occupancy by persons who, by reason of chronic illness, handicap, age, senility, convalescence or infirmity, are dependent upon varying amounts of custodial care and/or supervision. This term shall include, by way of illustration and not limitation, nursing homes, rest homes and homes for prenatal care and convalescence. This term shall not include hospitals, clinics, mental health facilities or similar institutions devoted primarily to the diagnosis and/or treatment of disease or injury.
CODES ENFORCEMENT OFFICERAny references contained in this chapter to the Codes Enforcement Officer shall also mean the Director of the Office of Planning and Development. The Director of the Office of Planning and Development shall have all of the powers and duties conferred upon the Codes Enforcement Officer under this Chapter
155 and Chapter
127. The Director of the Office of Planning and Development, by authority of this code, is further authorized to supervise the Office of Planning and Development and administer the Town Zoning Code and Subdivision Regulations, at the direction of the Town Board, Planning Board and Zoning Board of Appeals, and to assume other responsibilities as directed by these boards.
COMMERCIAL STORAGEA warehouse use which is a storage option utilized for a business use as opposed to an individual or personal use, and which use includes fulfillment and delivery of products to an ultimate consumer, but not including self-storage facilities.
COMMUNITY CENTERIncludes a public or private meeting hall, place of assembly, museum, art gallery, library, place of education or church not operated primarily for profit.
CONGREGATE-CARE SERVICESA facility used for the treatment and/or care of people, including, for example, nursing homes, day-care centers, and residential care facilities.
CONTAINER STORAGEThe outdoor storage of multiple intermodal shipping containers (typically steel containers 40 feet by nine feet with one opening at the end) or portable moving containers (may be steel or wood, typically 20 feet by eight feet or smaller).
DAY-CARE CENTERA structure used to provide care for children away from their homes, for less than 24 hours a day, whether in a home, a day nursery or other place operated by an individual, an association, corporation, institution or agency for such purpose, for compensation or otherwise as set forth in a duly issued license by the State of New York for child care services. Day-care centers shall also have the right to provide accessory services pursuant to a duly issued accessory use permit issued by the Planning Board.
DOG KENNELIncludes any place or premises where dogs are kept for the commercial purposes customarily associated with a kennel, including, without limitation, such activities as breeding, boarding, grooming or training.
DOMESTIC HOUSEHOLD PETSAs used in this chapter, shall refer to animals customarily residing with persons in residential areas, but shall not include, among other animals, swine, pigeons, foxes, minks, skunks or other such fur-bearing animals, and no accessory structure shall be erected or maintained for harboring any such animals.
DRIVE-THROUGHAn accessory use which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product while remaining in a motor vehicle and may include drive-in outdoor theaters, fast-food establishments, banks and similar uses.
DRIVEWAYS AND/OR PRIVATE ROADSIncludes a means of egress or ingress to a lot or property. A driveway and/or private road shall be set back not less than two feet from the side lines.
DWELLINGA permanent structure and which does not include casual or temporary shelters such as tents, trailers on wheels or other shelter designed to be readily removable from the premises.
DWELLING UNIT OR D.U.That part of a multiple-family dwelling providing complete living quarters for one family.
FAMILY(2) Two or more persons related by blood, marriage, adoption or guardianship; or
(3) A group of not more than four persons not related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in a dwelling or dwelling unit.
FARMS, FARMING AND FARM USE OR OCCUPANCYIncludes and means any activity customarily carried on upon a farm, except where the farming is conducted in a residential district as a nonconforming use, in which case the uses to which such property may be put shall be confined to the farm activities and uses for which the property is being used at the time of the effective date of this chapter.
FRONT YARDThe area located on a lot between the highway right-of-way line and the line parallel to said right-of-way line passing through the point closest to the right-of-way line which is in the face of the building or any structure requiring a building permit located on said lot.
FRONT YARD DEPTHThe length of a line perpendicular to the highway right-of-way line, connecting said right-of-way line with the parallel line passing through the point closest to the right-of-way line which is in the face of the building or any structure requiring a building permit.
GATHERING PLACESBuilding centers or facilities which have the primary purpose of assembling members of the community for recreational, spiritual, educational, and charitable services.
GREENHOUSE(1) RESIDENTIALAn accessory structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for personal or noncommercial use.
(2) COMMERCIALA primary use structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for retail or wholesale sale, and which includes appropriate areas for parking, loading and storage, office and customers.
(3) FARM STANDAn incidental and subordinate activity of a farm, nursery or greenhouse involving a building or lot or portions of a building or lot used for the seasonal retail sale of agricultural or horticultural products.
HOME OCCUPATIONAny occupation or a profession which is carried on in a dwelling unit or a building or other structure accessory to a dwelling unit; and is carried on solely by a member of the family residing in the dwelling unit; and is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes. In particular, a "home occupation" may include but is not limited to the following: home crafts, art studio, dressmaking, teaching (with musical instruction limited to a single pupil at a time) and the professional office of a dentist, physician, lawyer, engineer, architect or accountant, real estate broker and an insurance salesman within a dwelling occupied by the same.
JUNKYARDA place where there is an actual or intended accumulation of any of the following: scrap, garbage, debris, junk vehicles and equipment, landfill materials and like materials, whether said materials are intended or not intended for resale.
LANDSCAPE BUSINESSA lot configured for the primary use as a business concern which may operate to construct, install and maintain lawns, trees, yards, shrubs, gardens, patios, related grounds and other outdoor areas which are owned by others.
LOT AREAThe total area within the property lines, excluding any point thereof lying within the boundaries of a public street or proposed public street.
LOT COVERAGEThe percentage of the lot covered by building footprints, paved areas, driveways, parking areas and any other impervious surfaces.
MANUFACTURINGIncludes the following:
(1) LIGHT MANUFACTURINGA business where all processing, fabrication, assembly, or disassembly of items takes place wholly within an enclosed building. Typical items include, but are not limited to, apparel, home accessories, food, jewelry, instruments, computer, and electronic devices. Activities do not involve the creation of noxious by-products.
(2) HEAVY MANUFACTURINGThe production of products for use or sale, using labor, machines, tools, and chemical or biological processing or formulation; most involving industrial design, in which raw materials from primary industry are transformed into finished goods on a large scale.
MOBILE HOMEA movable unit, with or without wheels, whether on a foundation or rigid support, capable of being used year round for living quarters and not built to the New York State Uniform Fire Prevention and Building Code one-family dwelling regulations. A "mobile home" shall contain not less than 600 square feet of floor area. A prefabricated, sectional or modular dwelling built to the New York State Uniform Fire Prevention and Building Code one-family regulations shall not be considered a "mobile home."
MULTIPLE-FAMILY DWELLINGA building designed as a residence for or used as living quarters by three or more families living independently of each other and all quarters and amenities owned by the same person.
OUTDOOR DISPLAYAn outdoor arrangement of merchandise, other than vehicles, as a primary use on a site, which outdoor arrangement typically is not in a fixed position and/or capable of rearrangement and is designed and used for the display of merchandise or tangible property sold or rented within the principal business, including individual freestanding merchandise such as sheds. Outdoor display shall not include:
(1) Displayed items of merchandise which exceed a height of 12 feet above the ground;
(2) Outdoor storage of merchandise, including goods, merchandise, or products stacked on pallets and/or wrapped in packing materials, such that the items are not readily available for the public for immediate retail sale;
OUTDOOR SALESThe sale and display of merchandise in connection with and accessory to a primary use of the business or enterprise. Outdoor sales which exceed 25% of the gross floor area of the main business use are not included in this definition unless an accessory use permit is obtained.
OUTDOOR STORAGEStorage of materials or merchandise, other than vehicles, outdoors, for a period greater than 24 hours, including items for sale, lease, processing, or repair and equipment for use by a business, but not including:
PARKING SPACEA surfaced area outside of any building, or indoors in the case of a garage, having an area of not less than 200 square feet, exclusive of driveways, permanently reserved for the temporary storage of one licensed automobile and connected with a street by a surfaced driveway which affords satisfactory ingress and egress for automobiles. "Parking spaces" may be utilized in groups of two or more so long as the other qualifications of this definition are satisfied.
PERSONAL SERVICEAn establishment that provides care, advice, aid, maintenance, repair, treatment, or assistance, not including the practice of a profession or retail sale of goods. Examples include, but are not limited to, beauty shops and barbershops, laundromats, massage therapy, tanning salons, tailors, shoe cleaning or repair shops, and dry-cleaning pickup and dropoff shops.
PET CARE SERVICESEstablishments primarily engaged in grooming, training and/or boarding services for pets, not farm animals. Uses may include dog kennels, pet day care and animal shelters.
PLACES OF ENTERTAINMENTEstablishments which deliver services to people of an entertainment nature, generally in group settings, such as theaters, bowling alleys, skating rinks, event spaces, miniature golf, arcades, and pool halls.
PRIVATE GARAGEA noncommercial garage building in which not more than four vehicles may be stored and whose height will not exceed 17 feet.
PROFESSIONAL OFFICESProfessional, executive, management, or administrative offices of private organizations, government agencies, religious or educational institutions. Examples include medical practices, administrative services, legal, accounting, and architectural firms.
PUBLIC UTILITY STRUCTUREPumps, substations, towers, antennas and similar infrastructure for public benefit. They shall not contain offices or have any outdoor storage of materials. No employees will be on site full time. All such structures shall be subject to conditions as the Planning Board may impose to preserve and protect the character of the neighborhood.
REAR YARDThe area located on a lot between the rear lot line and the line parallel to said rear lot line passing through the point closest to the rear lot line located in the building or structure requiring a building permit located on the lot.
REAR YARD DEPTHThe shortest distance between the rear lot line and the building or structure requiring a building permit on the lot.
RESIDENCY (RESIDE, RESIDING)The actual principal domicile of an individual where he or she normally eats or sleeps and maintains usual personal and household effects.
RESTAURANTA building or portion thereof utilized for the sale, preparation and/or consumption by the public on and/or off the premises of food and/or beverages, including alcohol. Restaurants include industry-recognized subcategories of fast food, coffee house and fast casual that typically include counter or take-out service as well as casual and fine dining at which patrons are served at a table.
RETAIL SALESA commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. Examples include, but are not limited to, apparel shops, appliance sales, auto parts stores without service, bookstores, department stores, factory outlet stores, florists, gourmet/specialty food stores, grocery stores, cannabis dispensaries (not including on-site consumption) and similar agricultural and consumer goods.
RURAL OCCUPATIONAn occupation which is carried on in a dwelling unit or on or from a property where a dwelling unit exists, provided that the occupation is carried on by the owner of the property or a member of the owner's family. The person engaged in the occupation must reside in the dwelling unit, and the "rural occupation" must be clearly incidental and accessory or secondary to the use of the property and/or dwelling unit for residential purposes. In particular, a "rural occupation" may include but is not limited to the following: mechanical and/or repair work, engine repair, appliance repair, stands for the sale of baked goods, home crafts or nursery merchandise, small-scale off-site construction, driveway installation or repair and similar low-intensity construction businesses, landscaping enterprises, delivery services, beauty parlors and small, low-intensity businesses of a similar nature. A "rural occupation" shall not include, among other things, restaurants, parking lots, drive-in retail fuel stations or open storage of inoperative motorized equipment.
SELF-STORAGE FACILITIESInclude the following:
(1) SELF-STORAGE INDOOR FACILITYA building with outdoor access to an internal common area, as opposed to outdoor access to individual storage units. The interior space may be configured as parking spaces for cars and boats, fenced cages, or individual secure rooms.
SHORT-TERM LEASINGThe leasing/rental of all, part or a portion of an accessory dwelling unit for less than 30 days.
SIDE YARDThe area located on a lot between the side lot line and a line parallel to said side lot line and passing through the point closest to said lot line in any part of the building or structure requiring a building permit located on said lot.
SIDE YARD DEPTHThe shortest distance between the side lot line and the building or structure requiring a building permit on the lot.
SIGNAny letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever, which is displayed in any manner whatsoever outdoors.
SMALL WIND ENERGY SYSTEM or ON-SITE-USE WIND ENERGY SYSTEMA wind energy conversion system consisting of a wind turbine, a tower, and associated controller-conversion electronics which has a rated capacity of no greater than 15 kW at 25 mph for single-family residential related use and no greater than 125 kW at 25 mph (for nonresidential and farm applications) and which is intended to reduce on-site consumption of utility power.
STRUCTUREAnything constructed or erected, the use of which requires temporary or permanent location on or support of the soil and which is attached to anything on the soil, but shall not include private driveways or roads.
TOWNHOUSEA row of three or more dwelling units, separated from one another by continuous vertical wall(s) without opening from basement floor to roof.
TWO-FAMILY DWELLINGA building containing two dwelling units, each for occupancy by one family, but under single ownership.
URGENT CARE FACILITYA medical office serving outpatients which typically offers medical services as a convenient option when a party's regular medical caregiver/physician is away or unable to offer a timely appointment or when illness or injury occurs outside of regular caregiver office hours.
USEThe purpose for which a building, structure or premises or any part thereof is or are occupied or, if unoccupied, the purpose for which it may be occupied.
VEHICLE BUSINESSESPrimary uses of lots and include the following:
(1) USED VEHICLE SALESA lot for the primary use of sale or rental of previously owned motor vehicles, indoors or outdoors, which lot includes a principal building supporting the sales use and wherein the occupant of the lot is registered for such sales with the New York State Department of Motor Vehicles.
(2) VEHICLE REPAIRSA lot for the primary use of repair, servicing, or inspection of motor vehicles, and which lot includes a principal building supporting the use and wherein any individual vehicles awaiting service do not occupy any space on the lot for greater than 60 days, and wherein the occupant of the lot is registered for such repair activity with the New York State Department of Motor Vehicles.
(3) OUTDOOR DISPLAY OF VEHICLESA lot for the primary use by a vehicle dealer, for display of motor vehicles for sale or rent, and which lot is intended to be visited by the customers of the dealer.
(4) VEHICLE DEALERSHIPA lot for the primary use by a vehicle dealer, which lot includes a principal building, and which includes the sale of new and used vehicles wherein the display of vehicles may be indoors or outdoors and including as accessory to the sale of vehicles a full-service vehicle repair facility and retail sales of vehicle parts and accessories.
(5) OUTDOOR VEHICLE STORAGEA lot used by a vehicle dealer exclusively for the storage of motor vehicles that are not located on the same lot as the vehicle dealership, and which lot is not accessible to or used by customers.
(6) RECREATIONAL VEHICLE SALESA lot used by a vehicle dealer for the sale of motor homes, recreational vehicles and campers, which lot includes a principal building, and which lot is intended to be visited by customers.
VEHICLE DEALERA person or entity registered with the New York State Department of Motor Vehicles as a motor vehicle dealer/transporter.
WIND ENERGY CONVERSION SYSTEMA machine that converts the kinetic energy in the wind in a usable form (commonly known as a "wind turbine" or "windmill"). The wind energy conversion system or WECS includes all parts of the system.