Definitions of words and terms. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTUREA subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse.
AGRICULTURE/HORTICULTURE OPERATIONThe raising of crops and practices related to the production, preparation and harvesting thereof whether in enclosed buildings or outdoors, but not including the raising, breeding or keeping of animals for commercial purposes.
[Added 7-6-2021 by L.L. No. 3-2021]
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another. The term "alter," in its various modes and tenses and its participial form, refers to the making of an "alteration."
BASEMENTA story partly underground but having less than half of its clear height below the finished grade.
BED-AND-BREAKFASTAn accessory use in a business district providing travelers with overnight accommodations for compensation subject to site plan and special exception use approvals of the Planning Board.
[Added 6-16-2015 by L.L. No. 1-2015]
BILLIARD PARLORSA public place where billiards or pocket billiards are played and which is conducted as a public place of business for profit and which complies with the provisions of Article 31 of the Penal Law as the same may be amended from time to time.
BOARDThe Municipal Board of Appeals.
[Added 5-10-1967]
BUILDINGA structure with a roof supported by columns or walls.
[Amended 11-3-1986 by L.L. No. 4-1986]
CELLARA story partly underground and having 1/2 or more of its clear height below the finished grade.
CLUB, COUNTRYA club for golfing, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFITThe premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, educational, religious or political purpose. The "club" shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a "club" for benefits or performances for a recognized charity, nor for the meeting of other organizations, nor for educational and cultural purposes.
COURTAn open, unoccupied space, other than a yard, on the same lot with a building. An "offset to a court" shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous.
COURT, DEPTH OFThe maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OFThe greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, OUTERA court extending to a street, front yard or rear yard.
COURT, WIDTH OFThe horizontal dimension parallel to the principal open side in the case of an outer court, and the least horizontal dimension in the case of an inner court.
DAY-CARE CENTERA facility duly permitted by the New York State Department of Social Services for the care of three or more children for less than 24 hours each day.
[Added 1-30-1996 by L.L. No. 2-1996]
DUMPA parcel of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLINGA building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.
DWELLING, ONE-FAMILY, SEMIDETACHEDA building constructed for the use of two families having one side yard and one party wall for each unit and permitting separate ownership for each unit.
[Added 5-10-1967]
DWELLING UNITOne or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute one "family."
FILLING STATIONA building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering service for motor vehicles, such as lubrication, washing and minor repairs.
GARAGE, PARKINGA building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.
GARAGE, PRIVATEAn enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space for more than one car leased to a nonresident off the premises.
GARAGE, REPAIRA building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles, or parts thereof, whether or not accessory or incidental to another use.
GENERAL INDUSTRYAn establishment primarily engaged in manufacturing, production, fabrication or assembly of raw products or unprocessed materials which may also include testing, repair and packing of components, devices and equipment systems.
[Added 7-6-2021 by L.L. No. 3-2021]
HEIGHT OF STRUCTURE OR BUILDINGThe vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by the residents thereof that is clearly secondary to the residential use, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used, and further provided that there shall be no external evidence other than an announcement sign and that no mechanical or electrical equipment is used except customary household equipment. However, "home occupations" shall not be construed to include such uses as the following: clinic or hospital, barbershop or beauty parlor, restaurant, breeding kennel or antique dealer.
HOME PROFESSIONAL OFFICEThe office or studio of a resident physician, surgeon, dentist, land surveyor or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent or teacher as herein restricted, provided that not more than two persons are employed who are not members of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instrument or piano or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory.
[Amended 7-6-1987 by L.L. No. 4-1987]
HOUSE TRAILERA movable single-family dwelling originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
INDOOR RECREATION BUSINESSA business that offers recreation services or activities including video or virtual games, bowling, miniature golf, batting cages, court or field sports, fitness equipment or billiards within an enclosed building.
[Added 7-6-2021 by L.L. No. 3-2021]
INDUSTRIAL BUSINESS PARKA development which contains two or more buildings containing a combination of office, warehouse and non-nuisance industry or any other permitted use in the zone, in a unified, campus design. The development may also contain accessory uses such as cafes, cafeterias, conference rooms or other services intended to serve employees of the site.
[Added 7-6-2021 by L.L. No. 3-2021]
INNAn historic building providing travelers with overnight accommodations for compensation. The term "inn" shall not include boarding-, lodging or rooming houses or other such establishments.
[Added 12-16-1985 by L.L. No. 20-1985]
JUNKYARDAny land or structure, or part thereof, exceeding 300 square feet in area, used for collecting, storage or sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition; or for the sale of the parts thereof.
KENNELAny premises on which five or more dogs more than four months old are kept.
[Added 1-30-1996 by L.L. No. 2-1996]
LOTA parcel of land occupied or used by one main building or use with its accessory buildings and the required open spaces.
LOT AREAThe total horizontal area included within lot lines.
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThe percentage of the area of the lot covered by a building or buildings.
LOT LINEAny boundary of a lot. Any "lot line" not a rear lot line nor a front "lot line" shall be deemed a side "lot line."
LOT LINE, FRONTThe street right-of-way line at the front of a lot. On a corner lot, the owner may specify the "front lot line" on the plot plan.
LOT WIDTHThe dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.
MOBILE HOMEA movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."
MOBILE HOME COURTA residential land use designed for the location of one or more mobile homes in designated mobile home spaces and including appurtenant facilities and accessory services for residents only.
NONCONFORMING STRUCTUREA structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USEAny use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.
NON-NUISANCE INDUSTRYAny industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.
NURSERY SCHOOLA school designed to provide daytime care and instruction for two or more children from two to five years of age, inclusive, operated on a regular basis.
[Amended 5-10-1967; 1-30-1996 by L.L. No. 2-1996]
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
PARKING SPACEA stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking are
PERMITTED USEA specific main use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.
PERSONAL SERVICEAn establishment which provides services or duties performed for the general public and their personal property, such as a barbershop, salon, tailor shop, photocopying, pet grooming, tutor or small class instruction for arts, dance or music, shoe repair shop and other similar places of business.
[Added 7-6-2021 by L.L. No. 3-2021]
PLANNED DEVELOPMENT DISTRICTA floating zoning district applicable in only the business, industrial and multifamily residential districts of the Village pursuant to the review and approval procedures provided in §
122-7.2. For the multifamily residential district, a Planned Development District shall only be allowed for a single parcel or contiguous parcels owned by the same individual(s) or entity, in excess of 10 acres in size. Such district and the attendant review procedures allow for flexible, well-planned developments that are intended to incorporate a mixture of compatible uses that are beneficial to the community needs and goals.
[Added 5-2-2006 by L.L. No. 3-2006; amended 2-5-2019 by L.L. No. 1-2019]
PROHIBITED USEA use of a building, structure, lot or land, or part thereof, which is not listed as a permitted, special exception or accessory use; in addition, and more specifically, those uses listed as "prohibited uses" in §
122-12.
REAR DWELLINGA dwelling located on the same lot and to the rear of the main building for which the lot is used.
RESEARCH INSTITUTE OR LABORATORYA building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products, and uses accessory thereto; with respect to the application of this chapter, such "research institute or laboratory" shall meet the standards of a non-nuisance industry.
RESTAURANTA building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
[Added 1-30-1996 by L.L. No. 2-1996]
ROADSIDE MARKETA temporary use of land, structure or building on a farm by the farmer as a sales outlet exclusively for produce grown on his farm.
SELF-SERVICE STORAGE FACILITYA facility containing a structure or structures containing separate, individually leasable or rentable storage spaces of varying sizes.
[Added 3-20-2002 by L.L. No. 2-2002]
SHOP FOR CUSTOM WORKA business premises used for the making of clothes, hats, shoes or other personal articles to individual order for sale at retail on the premises only. A shop for custom work may also include the fabrication or assembly of customized automobiles or motorcycles made to individual order for sale on the premises, provided that no outdoor display or storage of such motor vehicles or any parts thereof shall be allowed.
[Amended 2-16-2016 by L.L. No. 2-2016]
SIGNAny kind of sign board, pennant or other shape or device or display, used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letters or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.
[Amended 11-3-1986 by L.L. No. 4-1986]
SIGN, BUSINESSA temporary or permanent sign which directs attention to a business or profession conducted upon the property.
SIGN, PROFESSIONAL OR ANNOUNCEMENTA temporary or permanent sign which directs attention to a home occupation, a home professional office or public or semipublic building.
SIGN, REAL ESTATE OR CONSTRUCTIONA sign advertising land or improvements thereto, or describing construction activity or a firm doing work related to construction, on the premises on which the sign is located.
SIGN, TEMPORARYA temporary sign which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.
SITE PLANA map, diagram or drawing prepared in a manner required by these regulations for the purpose of identifying the locations, extent and other characteristics of particular land uses.
[Added 10-20-1986 by L.L. No. 3-1986]
SPECIAL EXCEPTION USEA use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of §
122-47.
STREETAny federal, state, county or town road or any street shown upon a subdivision plat filed in the County Clerk's office.
[Amended 6-3-1968; 7-6-1987 by L.L. No. 4-1987]
STREET LINEThe dividing line between a lot and a street right-of-way.
STRUCTUREAnything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOLA receptacle for water or an artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet designed or intended for the purpose of bathing or swimming and including all appurtenant equipment.
VARIANCEA modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardships, not self-imposed, pursuant to the provisions of §
122-49.
WALLA structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WAREHOUSEA building used primarily for the storage of goods and materials, and where products are received, broken down into smaller quantities, reassembled and reshipped.
[Added 1-20-2009 by L.L. No. 1-2009]
WHOLESALE BUSINESSAn establishment which sells goods, generally in large quantities, to retailers or professional businesses who, in turn, sell to consumers. Such establishments are not generally open to the general public.
[Added 7-6-2021 by L.L. No. 3-2021]
YARD, FRONTAn open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.
YARD, REARA space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.
YARD, SIDEAn open, unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists to the rear yard or to the rear lot line where no rear yard exists.