A use or structure that is clearly incidental to the principal use or building, and is located on the same lot as the principal use or structure.[1]

A living organism other than a plant or bacterium. Animals included in this Code include amphibians, reptiles, birds, and mammals other than humans.

A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment, including short-term boarding incidental to such hospital use.

Animals commonly associated with farm use, including, but not limited to, domestic hoofed animals and domestic fowl such as full-sized horses, cows, pigs, goats, chickens and roosters.

Animals which are customarily kept for personal use or enjoyment within the home. Household animals shall include, but not be limited to, domestic dogs, domestic cats, domestic tropical birds and domestic rodents.

A structure arranged, intended or designed to be occupied by three or more families living independently of each other, but having common hallways and entrances.

As defined by the New York State Department of Transportation.

Congregate housing as licensed by the State of New York specifically designed to care for senior citizens.

The replacing or repairing of auto body parts and the painting thereof by any means.

That space of a building that is partly or entirely below grade.[2]

A commercial enterprise as part of a private residence which provides short-term (no more than two weeks) lodging and breakfast to overnight guests for a fee. Sleeping rooms shall have no provision for cooking.

A landscape mound of earth that is used to visually shield and buffer uses from each other.

The line which marks the official distance inland from the canal bank which is owned by the state.

A land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.

The horizontal area measured from inside of exterior wall to inside of exterior wall of the ground floor of all principal buildings and accessory structures on a lot.[3]

Any outer surface of a building that is oriented toward a private or public street or highway or parking area.

The line extended to each side lot line from the outermost point of any part of a building, excluding porches and steps, and parallel to the street line.

The vertical distance from the finished grade line at the foundation to the highest point of the roof.[4]

The line extended to the side lot lines parallel to the building front line from the rearmost point of any part of the building.

The line extended to the building front line and the building rear line from the outermost point of any part of the building and parallel to the side wall of the building.

The endorsement by the Building Inspector upon a permit to the effect that the building, structure or premises erected, altered or reconstructed conforms to the provisions of this chapter and/or the Uniform Fire Prevention and Building Code of the State of New York.

An establishment, the principal purpose of which is religious worship and for which the principal building contains the sanctuary or principal place of worship. A church may include accessory uses in the principal building or in accessory structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, recreation hall and living quarters/dormitories on site for staff and/or students of religious study (including convents and monasteries). A single-family dwelling (parsonage) is included in this definition with its use for the pastor or caretaker.

A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

The person designated by the Town Board to administer and enforce these regulations, including the Building Inspector. If ever the responsibilities of the Building Code Enforcement Officer and the Code Enforcement Officer are separated, each shall carry out duties according to the provisions of the respective codes.[6]

As defined by the New York State Department of Transportation.

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter.[7]

Any building or other shelter designed or used as a residence for one or more persons, including kitchen and sanitary facilities.

The outer edge or line of a recorded instrument that grants a right or privilege that a person, utility or municipality may have in another's land as a right-of-way.

One or more persons living together as a single housekeeping unit and using only one cooking outfit.

Any parcel of land in excess of 10 acres which has been used in the preceding two years for the production for sale of agricultural products, livestock, poultry or dairy products of an average gross sales value of $10,000 or more. Such farm may include dwelling and accessory structures and equipment necessary for the operation of the farm.[8]

Any parcel of land in excess of five acres where all or part of the land is used for the production of farm products for private consumption, or for sale with an average gross sales value of less than $10,000.

Includes any substantially vertical structure or appurtenance, regardless of material composition, including vegetation, whether supported by a foundation, footing, piling, stake, post, aboveground member or self-supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof.

An approved lot which has less street frontage than normally required. Access to the bulk of the lot is by means of a narrow corridor.

The sum of the gross horizontal areas of the several floors or levels of a building, excluding basement areas, roofed porches, roof terraces, breezeways and attached garages, unless living space is included in the area over the attached garage, in which case the area of such living space shall be included. All dimensions shall be measured from the exterior surfaces of the walls.[9]

The part of the lot from the highway line to the building front line.

An enclosed space capable of and designed for the storage of not more than three automobiles in which no business, occupation or service is conducted.

The structure and area of land that is used for the sale of gasoline and sale of food items and other salable items found in convenience stores.

An elevation as related to a known, fixed datum point.

The elevation of a completed surface of the property as shown on approved plans.

The sum of the area of all the floors in a building measured from exterior walls, including basements.

That area of a building which may be occupied for living, sleeping, eating or cooking.

In full compliance with state and federal laws, rules and regulations for handicapped accessibility.

Capable, without structural modification, of being used by a handicapped person. At a minimum, features would include:

The line which is the joint boundary line between a lot and the street or highway right-of-way. Where the "highway line" is not readily determinable and has not been established by survey, computations to determine the "highway line" shall be made from the center of the existing pavement, which shall be deemed the center of the highway for zoning purposes.[10]

See definition in § 300-54B of this chapter.[11]

Shall have the meaning and requirements set forth in Article 23-A of the General Business Law of the State of New York and the rules and regulations promulgated thereunder.

A building or group of buildings where transient lodging accommodations are offered to the general public for compensation. Hotels may provide other services, such as meeting rooms and banquet facilities, which are clearly incidental to the use of such place as a temporary abode.

Structures such as pergolas, decks, standby generators, hot tubs, gazebos, small and large garden ponds, portable garages and freestanding solar panels, excluding swimming pools.

A building or buildings which offer studio and one-bedroom apartments, with opportunities for common meal and activity functions.

The distance between buildings.

Any premises on which more than six dogs or domesticated animals more than six months old are housed, groomed, bred, boarded, trained or sold.

The planting and maintenance of live plants, including trees, shrubs, ground cover, vines, grapes, flowers and other plant materials.

See "habitable space."

A room or group of rooms which is designed for residential occupancy by a single family and providing housekeeping facilities for such family.

An off-street space or berth used for the loading or unloading of commercial vehicles.

A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.

That portion of the lot that is covered by buildings, structures and impervious surfaces such as sidewalks, driveways and other paved areas, but excluding incidental projecting eaves, balconies, landscaping, open recreational facilities and similar features which do not have a foundation.

The horizontal distance between the front and rear lot lines, measured at right angles to the front lot line. For lots where the front and rear lot lines are not parallel, the "lot depth" shall be the mean distance between the front and rear lot lines.

The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line; or the mean distance between the side lot lines within the buildable area.

A through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

A lot which fronts on two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot.

Any change in structural members of a building, either by alteration or addition, which affects the building line or height.

Mining shall include any of the following:

Mining, extracting or removing, by mechanical means only, minerals, earth products, earth, sand, gravel, rock, topsoil or other similar materials from their natural place of origin for purposes of commercial sale or use of the removed material.

The development of a single tract of land, building or structure for two or more different uses, such as, but not limited to, residential, office, manufacturing, retail, public, service or recreational.

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

An area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient dwelling purposes.

A building or group of buildings in which transient lodging is provided for compensation to the general public in which at least 75% of all sleeping units have direct access to the outside.

A building which in its design or location upon a lot was lawful prior to the adoption, revision or amendment of this chapter, but which does not conform to the regulations presently in effect for the zone in which it is located.

A lot of record the size, dimensions or location of which was lawful at the date of the passage, revision or amendment of this chapter, but which fails by reason of such passage, revision or amendment to conform to the present requirements of the zoning district in which it is located.

Any use of any building, structure or land which was lawful prior to the adoption, revision or amendment of this chapter, but which fails by reason of such passage, revision or amendment to conform to the present requirements of the zoning district in which it is located.

An establishment or facility that provides supervision and care of infants, toddlers, preschool and school age children by persons other than their parents or legal guardians.

A facility licensed or approved to provide full-time (twenty-four-hour) convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

A building having a vertical distance between the floor and ceiling not less than seven feet six inches on the first level or floor and having a vertical distance of not less than four feet along the studs forming the exterior walls of the rooms on the upper level or floor, such exterior walls being set or erected not less than 2/3 of the distance apart from the exterior walls of the first level or ground floor, not including the basement wings of one story.

A building having a vertical distance between the floor and the ceiling of not less than seven feet six inches on one floor level, not including the basement, the measurement of such distance being made along the studs forming each of the exterior walls.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. "Open space" shall mean an area unobstructed by buildings or parking areas, except for walks, paths, landscaping or other site features.

A district classification superimposed in addition to another district classification, further regulating or limiting structures and uses otherwise permitted and regulated pursuant to the basic district classification.

As used in this chapter, shall include, in addition to its usual meaning, tenant, lessee, occupant or other user.

An off-street area containing one or more parking spaces with passageways and driveways appurtenant thereto.

An off-street area suitable for parking one motor vehicle with sufficient area for ingress, egress, maneuvering and having direct access to a street and which conforms to the requirements of the Town's Design Criteria.[12]

A common shared wall between two separate buildings, structures or dwelling units.

A single-family detached dwelling which has only one usable side yard. The other side of the building is located on or within five feet of the lot line. If a side line of the building is located on a zero lot line, a legal agreement such as an easement must exist which allows the dwelling owner room to perform maintenance functions.

Any security that may be accepted by a municipality as a guaranty that improvements required as part of an application for development are satisfactorily completed.

A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

The printed license for an owner or that owner's duly authorized agent to proceed with a regulated activity.

An area of a minimum contiguous size, as specified by this chapter, to be planned and developed as a single entity and containing one or more residential clusters. Appropriate commercial, public or quasi-public uses may be included if such uses are primarily for the benefit of the residential development.

A map representing a tract of land, showing the boundaries and location of individual properties and streets.

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

A covered structure attached to the exterior part of a building adjoining an entrance to the building.[13]

An accessory structure typically purchased at retail in a prefabricated or kit form and which serves as a private garage. Such accessory structures are sided with materials such as, but not limited to, lightweight vinyl fabric or aluminum panels or plastic panels. Portable garages are subject to the regulations found in § 300-57, Accessory structures, in this Code, and their portable or prefabricated design, do not exempt them from this Code.

A building in which is conducted the principal use of the lot on which it is located. Where the primary use of lands is an agricultural use, a barn shall also be considered a "principal building."

Includes any substantially vertical structure or appurtenance, of man-made material composition, whether supported by a foundation, footing, piling, stake, post, aboveground member or self-supporting, intended to ensure privacy and/or prevent aesthetic damage by screening from view a particular portion of a lot or structure such as a garden, swimming pool, patio, etc., but specifically not intended to mark a boundary or the proximity thereof.

A building and related facility owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit and whose members meet certain prescribed qualifications for membership and pay dues.

The area available for development, including setbacks, after all buffers and restricted use areas (i.e., wetlands, floodplains and their buffers) have been subtracted.

A recreational facility conducted entirely indoors for commercial purposes, with or without seating for spectators, and providing accommodations for any of the following sports: wrestling, soccer, tennis, volleyball, basketball, racquetball, handball, hockey, lacrosse, football, bowling, archery, roller-skating, ice-skating, cheerleading, and shooting ranges. With or without the foregoing sports, such facility may also include: children's amusements, dance studios and instruction, music schools and instruction, martial arts studios and instruction, golf driving range, skateboard facilities, trampoline or gymnastics facilities, health and fitness club facilities and swimming pools. Permitted accessory uses of such facility may include any of the following: snack bar, restaurant, retail sales of related sports, health, or fitness items, and other support facilities.

A recreational facility conducted outside for commercial purposes, with an emphasis on physical activity, with any of the following: athletic fields, golf driving range, golf course, disc golf course, paintball, miniature golf, outdoor skateboard park; swimming, bathing, wading, and other therapeutic facilities; tennis, handball, basketball courts, batting cages, archery, shooting ranges and trampoline facilities. This shall exclude: any recreational use employing motor driven vehicles.

Facilities in which the investigation of the natural, physical or social sciences is conducted.

A permanent building used for serving meals where customers are seated principally at tables and are waited on when seated.

A permanent building where food orders are placed at a common counter and where food is consumed at tables provided or adjacent to the building or in vehicles on site or elsewhere. Such uses as soft drink parlors, ice cream parlors, hot dog stands and the like shall be considered to be in this general specification.

Developments designed to meet the needs of and exclusively for the residences of senior citizens.

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or otherwise reserved for public or private use.

A temporary structure or vehicle located on a seasonal basis within a required front or side yard abutting a street for the purpose of displaying or selling products.

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

Any facility that is designed and used for storage space by various rental occupants who each have access to a secure section they lease for the purpose of storing and removing personal property. The tenant or occupant of the self-storage facility has care, custody and control of his/her stored goods and the lessor or landlord is not responsible for ordinary negligence which results in damage to the stored goods.

The minimum allowable distance from the street right-of-way line to the closest point of the foundation of a building or projection thereof, or parking lot.

The minimum allowable distance from the side or rear lot line or easement, respectively, to the closest point of the foundation of a building or projection thereof, or parking lot.

A subordinate structure, not to exceed 200 square feet in area nor 15 feet in height, to be used or intended to be used for the private, noncommercial, nonindustrial, storage uses by the property owner for the storage of lawn and garden equipment, hand tools and similar personal property.

A use which, by its nature, by restrictions in this chapter or other Town ordinance or as conditioned, is not granted the rights of a permitted use, requires periodic renewal and can be terminated for cause.

That 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, the space between such floor and the ceiling above it.

Any construction requiring temporary or permanent support or attachment to the soil, including, but not limited to, oil, gasoline and propane tanks and pumps, signs, display boards, sheds and storage buildings.

A container located on a residential lot used for the noncommercial temporary storage of materials from the residence upon which it is located.

Single-family dwellings which are attached to other townhouses by means of a party wall. Townhouses are distinguished from apartment houses in that townhouses have no shared hallways or entrances and have zero side setbacks.

A building having two stories, the first story having a vertical distance between floor and ceiling of not less than seven feet six inches and on the second level of not less than seven feet at the highest point and not less than four feet at the exterior walls. A "two-story house" must have continuous outside vertical walls of not less than 13 feet in height. The second-story area of a "two-story house" must not be less than the first story.

The purpose or purposes for which any building, structure or lands or any part thereof is or are occupied or, if unoccupied, for which they may be occupied hereunder.

Every device in, upon or by which any person or property is or may be transported or drawn, which is propelled by any power other than muscular power, except vehicles which run only upon rails. This definition shall include, but not be limited to: trucks, buses, automobiles, vans, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes and all types of motorized recreational vehicles. This shall include all such motor vehicles whether or not fully licensed or registered.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.

The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings, the nearest lot line and unoccupied and unobstructed from the ground upward except as may be specifically authorized in this chapter. In measuring a "yard" as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such a lot line. Measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.

An open, unoccupied space on the same lot with a building between the front line of the building and front line of the lot and extending the full width of the lot.

An open, unoccupied space on the same lot with a building, between the rear line of the building and rear line of the lot extending the full width of the lot.

The minimum setback measured from a front, side or rear property line.

An open, unoccupied space on the same lot with a building, situated between the building and the side line of the lot and extending from the front yard to the rear yard.

The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

A map as may be adopted by the Town Board showing Zoning Districts, roads, highways and parks already laid out, adopted and established by law.