Unless the context clearly indicates a different meaning, the following terms shall, for purposes of this chapter, have the meanings indicated below:
ACCESSORY USE or STRUCTURE
A use or structure generally of one story or less in height which is subordinate to the principal use of a building on the same lot and serves a purpose customarily incidental to the use of the principal activity or building whether allowed as a principal or special use. Storage containers, as defined herein and regulated in §
185-17, are subject to separate requirements and are not accessory structures for purposes of this zoning law.
[Amended 10-7-2021 by L.L. No. 2-2021]
AGRICULTURAL ACTIVITIES
Uses involving the production of food and fiber, including animal husbandry, but excluding kennels and agricultural processing facilities. The simple clearing of land, tilling of soil, planting of crops, keeping of animals and other common practices in connection with an agricultural activity shall not be regulated by this Zoning Law, but the construction of buildings and improvements or establishment of new land uses in connection therewith shall be covered to the extent provided herein.
AGRICULTURAL PROCESSING FACILITIES
Facilities used to process food, fiber or fur for purposes of packaging and distribution, including feed mills, slaughterhouses and tanneries, but excluding on-farm dairies or similar facilities which serve as accessories to the principal farms use.
ANIMAL HOSPITAL
Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal. (Also known as a "veterinary clinic.")
[Added 1-19-2017 by L.L. No. 1-2017]
ANIMAL HUSBANDRY
The keeping of animals for purposes of producing food, fiber, fur, breeding stock or entertainment, including but not limited to dairy animals, poultry, livestock, equines, swine, goats, sheep, llamas, ostriches, bees, fur-bearing animals and other comparable species which are grown for monetary gain or personal use, excluding kennels and similar enterprises and the keeping of household pets in numbers which do not meet the threshold for being classified as a kennel.
ANIMAL SHELTER
A facility (sometimes known as a "pound") used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, an animal welfare society, a society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
[Added 1-19-2017 by L.L. No. 1-2017]
AUTOMOBILE-RELATED USE
A building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are stored, supplied and/or dispensed directly to the motor vehicle trade or at retail where repair service is rendered. This definition shall also apply to the use of any wholesale building, land area or other premise for the display and sale, under license by the State of New York, of new and used automobiles of presently operable condition; panel trucks or vans; manufactured homes or trailers; recreational vehicles; or farm and construction equipment; including any warranty repair work and other repair service as an accessory use. This term is meant to include auto sale lots but such lots shall be restricted to automobile and light truck sales. It shall also include other automotive uses as may be allowed in each district. None of these terms, however, shall under any circumstance, be deemed to include junkyards, collectors of itinerant vehicles or vehicle dismantling operations.
BED-AND-BREAKFAST
An owner-occupied single-family dwelling in which up to eight guest rooms with shared or private bathroom facilities are available as lodging for persons, either individually or as families, for specific periods of time, with one or more meals offered.
[Amended 1-19-2017 by L.L. No. 1-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING FOOTPRINT
The outline of the total area covered by a building's perimeter, including decks and porches.
[Added 9-3-2020 by L.L. No. 1-2020]
BUILDING HEIGHT
The vertical distance measured from the average level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated.
CAMP
The development or use of a lot, tract or parcel of land for the provision of indoor or outdoor recreational or educational activities. Typical structures include temporary or permanent shelters, buildings or structures that are designed for seasonal use or year-round use, including any or all of the following structures or features within: cabins, dormitories, cafeterias, gymnasiums, community centers, administration buildings, sanitary facilities, and similar structures for use by the camp attendees and designed in accordance with all applicable uniform building codes as they apply to their intended use, e.g., seasonal or year round. Additional features typically include ball playing fields, basketball courts, tennis courts, running tracks, swimming pools, horseback riding facilities, hiking and riding trails, and other similar facilities and their associated activities are permissible. A camp may be intended for certain age groups or open to all ages.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPGROUND MANAGER
A campground manager shall be the private campground's or tent commercial camping operation's special use permit-holder or duly authorized representative who may or may not reside within the campground and who is charged with the primary responsibility of operating and maintaining the private campground or tent commercial camping operation.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPGROUND, PRIVATE
Any parcel of land under single ownership with or without accommodations for temporary living purposes and containing paved or unpaved areas to be used for any combination of the following: parking of recreational vehicles, which includes travel trailers; the erection of a tent; or accommodation of other forms of temporary, portable or movable shelter, including lean-tos and cabins, for which a fee is charged. A private campground shall be used only for camping purposes in accordance with this zoning law.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPING
The use of a property as a site for sleeping outside or the parking of travel trailers, motor homes, recreational vehicles or similar equipment, the erection of tents or other shelters to serve as temporary residences, regardless of whether or not done for pecuniary gain.
[Amended 1-19-2017 by L.L. No. 1-2017]
CAMPING CABIN
A cabin located within a private campground for temporary shelter accommodations.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPING UNIT
Within a campsite on a private campground or club, a tent, lean-to, recreational vehicle (RV), or camping cabin (or other compatible type of portable shelter) intended, designed or used for temporary human occupancy.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPING, ACCESSORY - MODERN
Camping activities in which occupants reside in a recreational vehicle whereby no fee is charged and are accessory to a dwelling occupied by the owner and on the same parcel, or on an adjacent parcel under the same ownership. Accessory camping shall not involve any temporary structure, unless such structure is approved in accordance with any applicable regulations of the Town.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPING, ACCESSORY - PRIMITIVE
Camping activities in which occupants reside in tents or other similar nonstructural shelters and are accessory to a dwelling occupied by the owner and on the same parcel, or on an adjacent parcel under the same ownership, or on a vacant parcel with the permission of the owner.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPING, TENT COMMERCIAL
One or more campsite(s) on a property or portion thereof, for the erection of a tent(s) with or without platform, serving as a temporary residence, as defined by the New York State Sanitary Code, whereby a fee is charged and appropriate permits are to be obtained. Tent commercial camping shall be operated for only camping purposes in accordance with this zoning law.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPSITE, CAMPGROUND
A designated space with or without connections to electric service, water supply, or sewage disposal systems, used for camping and offered by the campground special use permit holder through lease, rent, membership or any other acceptable means for camping purposes, regardless of whether or not done for monetary gain.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPSITE, PRIVATE
A designated space within a private campground with or without connections to electric service, water supply, or sewage disposal systems, used for camping and offered by the campground special use permit holder through lease, rent, membership or any other acceptable means for camping purposes for monetary gain. Private campsite types include a camping cabin, an RV campsite, a tent site, a lean-to site, or other type of campsite with a shelter designed for temporary human occupancy that is compatible with the purposes and meets the requirements of §
185-30.6, Private campgrounds.
[Added 9-3-2020 by L.L. No. 1-2020]
CAMPSITE, RECREATION VEHICLE (RV)
A campsite in a private campground developed with facilities to accommodate one recreational vehicle. Such facilities include a stabilized vehicular parking pad and may or may not include other hookups to service the recreational vehicle.
[Added 9-3-2020 by L.L. No. 1-2020]
CATERING SERVICE
An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.
[Added 1-19-2017 by L.L. No. 1-2017]
CENTRAL SEWER/WATER FACILITIES
Systems for the provision of water supply to or the treatment of sewage from three or more dwellings or the equivalent, where the principal services are offered from or take place on a lot apart from the individual dwelling units being served. (See "on-site water/sewer facilities.")
CHARITABLE AND RELIGIOUS INSTITUTIONS
Property used by a nonprofit or eleemosynary organization that provides a service specifically beneficial to the local community for no fee or at a fee clearly and substantially less than that charged by profit-making organizations. This shall include churches, synagogues, mosques and other houses of worship, social halls, public libraries, museums, food pantries and other similar facilities, but exclude profit-making activities which happen to be owned or operated by nonprofit activities or other activities which fall into another land use category as defined herein (e.g., a rental property owned by a library or a health clinic operated by a church).
CHILD CARE
A service that provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth, on a regular basis, in a place other than the child's own home.
[Added 1-19-2017 by L.L. No. 1-2017]
COMMON USE AREAS
Designated areas within a private campground used by campground guests for open and/or enclosed recreational activities. Campsite areas, required buffer strips, street/road rights-of-way, storage areas or utility sites shall not be considered as included in this definition. Common use areas set aside for indoor activities may include bingo halls, meeting rooms, or arcades. Common use areas set aside for outdoor activities may include hiking trails, bird watching venues, basketball/tennis/shuffleboard courts, soccer/football/baseball fields, and swimming pools.
[Added 9-3-2020 by L.L. No. 1-2020]
COMMUNITY CENTER
A place, structure, area, or other facility used for and providing social, recreational, religious, or fraternal programs generally open to the public and designed to accommodate and serve significant segments of the community. May also be referred to as a convention center or civic center. This use shall also include a community that promotes sustainable living, recreational or tourist facility, or related operation that conducts public programming.
[Added 1-19-2017 by L.L. No. 1-2017]
COMPREHENSIVE PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Town.
CONDOMINIUM
A multiple-unit residential building in which the homeowner owns an individual unit and a proportionate share of all the common elements, including the land on which the building is located. Maintenance of the common elements is administered by a homeowners' association or similar entity. Condominiums are also subject to the provisions of applicable state laws and regulations.
[Added 1-19-2017 by L.L. No. 1-2017]
CONVENIENCE STORE
A small retail establishment, usually located within or associated with another use, that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods.
[Added 1-19-2017 by L.L. No. 1-2017]
DISTURBANCE
Land preparation, such as clearing, grading and filling, or the building of structures, including driveways.
[Added 1-19-2017 by L.L. No. 1-2017]
DRIVE-IN or FAST-FOOD ESTABLISHMENT
Any establishment primarily offering for sale takeout food and drink for consumption off-premises, including commercial food stands.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.
(1)
DWELLING, SINGLE-FAMILY
A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit, excepting for a temporary separate "mother-daughter" apartment of no more than one bedroom for a relative depending partially upon the assistance of the principal dwelling occupant(s) with the activities of daily living.
(2)
DWELLING, TWO-FAMILY
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
(3)
DWELLING, MULTIFAMILY
A building or portion thereof used or designed as a residence for three or more apartment or dwelling units.
(4)
DWELLING, SEASONAL
A dwelling constructed for purposes of seasonal occupation and without the necessary improvements in the way of heating and or other services for permanent occupancy.
DWELLING UNIT
One or more rooms, including cooking facilities and sanitary facilities, in a structure designed as a unit for occupancy by not more than one family for living and sleeping purposes.
EDUCATIONAL INSTITUTIONS
A facility used by a state authorized degree-granting college or university or extension thereof to provide education or training or by a governmental agency or charitable or religious institution to provide instruction which meets state requirements for primary, secondary or higher education. This shall include day-care/preschool programs operated on either a public or private basis, with such permits and licenses as may be required by county, state or federal law.
ENGINEER, TOWN
A professional engineer licensed as such by the State of New York and appointed or hired on a consulting basis to provide engineering advice to the Town.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities, cable television companies, or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety and general welfare. This shall not include, however, cellular phone or other telecommunications towers. "Essential services" shall include ambulance facilities, firehouses, first-aid and emergency-aid squads and CATV.
FAMILY
One or more persons living together as a single, permanent, not transitory, housekeeping unit, and sharing common kitchen facilities and access to all parts of a dwelling unit. A “family” shall not consist of a club, fraternity, sorority, or a group occupying a boardinghouse.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
FOOD- AND BEVERAGE-RELATED BUSINESS
Includes the following, as defined in §
185-7 of the Town's zoning law: restaurant, drive-in or fast-food establishment, food processing establishment (which includes breweries, distilleries, wineries, and cideries). An inn, motel, hotel, bar, or tavern is also considered a food- and beverage-related business if it serves food or beverage on the premises. A home-based business, a grocery store, or a convenience store shall not be considered a food- and beverage-related business.
[Added 7-1-2021 by L.L. No. 1-2021]
FOOD PROCESSING ESTABLISHMENT
Manufacturing establishments under 5,000 square feet producing or processing foods or beverages for human consumption and certain related products. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution; (2) dairy products processing; (3) fats and oil products (not including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals); (7) breweries, distilleries, wineries, and cideries; and (8) miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants.
[Added 1-19-2017 by L.L. No. 1-2017]
FORESTRY ACTIVITIES
Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products or performing of forest services, not including milling, planing or lumber distribution facilities involving permanent construction, all of which shall be separately regulated as provided herein.
FOUNDATION
A wall or pier extending at least four feet below grade or an equivalent load-bearing structure certified by a licensed professional engineer or architect, having a fixed location on the ground, being capable of serving as a support for a structure or structural part of a building and meeting the relevant criteria set forth in Articles 7 and 8 of Chapter B of the New York State Uniform Fire Prevention and Building Code.
FUNERAL HOME
A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home may include a funeral chapel.
[Added 1-19-2017 by L.L. No. 1-2017]
GARAGE SALE
The sale of miscellaneous used items commonly associated with residential use. Garage sales shall be limited to the sale of tangible personal property that was obtained by the person making the sale, through purchase or otherwise, for his or her own use and shall not be for the sale of primarily a single commodity. A garage sale shall be limited to a period of no more than three consecutive days, and in the course of one calendar year there shall be no more than a three-consecutive-day period. The term "garage sale" includes "sidewalk sale," "yard sale," "basement sale," "estate sale," "rummage sale," "lawn sale," and related terms intended to convey the meaning of "garage sale" herein.
[Added 1-19-2017 by L.L. No. 1-2017]
GIFT AND ANTIQUE SALES OUTLET
Any premises used for the sale or trading of articles and objects to include gifts, souvenirs, or antiques. An antique is defined as being a work of art, piece of furniture, decorative object, or the like, of or belonging to the past and at least 50 years old.
[Added 1-19-2017 by L.L. No. 1-2017]
GOLF COURSE
A tract of land laid out with a least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses.
[Added 1-19-2017 by L.L. No. 1-2017]
HABITABLE DWELLING AREA
The sum of the gross horizontal area of the floor or floors of a dwelling unit as measured from the interior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation or maintenance of the building in which the dwelling unit is located shall not be included in computing the habitable dwelling area.
[Added 9-15-2022 by L.L. No. 2-2022]
HEALTH FACILITIES
Establishments primarily engaged in furnishing medical, surgical, dental and other services related to human health maintenance, including physician offices, clinics, laboratories, outpatient care facilities, medical supply companies, hospital-related services, nursing homes, physical therapy facilities and the like, not including retention facilities or other activities which are not primarily for the purpose of delivering health care.
HIGH-WATER MARK
That ordinary mark on lakes and streams that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. In any area where the high-water mark cannot be found, the top of the channel or lake bank shall substitute.
[Added 1-19-2017 by L.L. No. 1-2017]
HOME-BASED BUSINESS
Any business activity or occupation that occurs on property or within structures where a residence is the primary land use and the business activity or occupation is clearly incidental to such residential use.
HOME IMPROVEMENT CENTER
The retail sale of a diverse range of hardware and related materials, or subset thereof, generally used in the maintenance, repair, or construction of buildings or other structures, including lawn and garden supplies.
[Added 1-19-2017 by L.L. No. 1-2017]
HOTEL
See "motels and hotels."
[Added 1-19-2017 by L.L. No. 1-2017]
HUNTING AND/OR FISHING CLUB
A privately held area of open space used by a incorporated organization for the purposes of recreational hunting and/or fishing on a noncommercial basis, which may be accompanied by a clubhouse, cabin, shooting range and similar accessory uses.
[Added 9-3-2020 by L.L. No. 1-2020]
IMPERVIOUS SURFACE
Any surface that cannot be effectively (easily) penetrated by water, thereby resulting in runoff. Examples are pavement (asphalt, concrete, etc.), buildings/structures, driveways/roadways, parking lots and sidewalks.
[Added 1-19-2017 by L.L. No. 1-2017]
INN
A building, which contains a dwelling unit occupied by an owner or resident manager, in which up to 10 lodging rooms or lodging rooms and meals are offered to the general public for compensation, and in which entrance to bedrooms is made through a lobby or other common room. "Inn" includes such terms as "guesthouse," "lodging house," and "tourist house."
[Added 1-19-2017 by L.L. No. 1-2017]
KENNEL
Any enclosure, premises, building, structure, lot or area in or on which more than four dogs or other domesticated animals of at least six months of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of 24 hours or more.
LEAN-TO SITE
A type of campsite within a private campground featuring a rustic, roofed structure, enclosed on three sides with a raised floor, not larger than 300 square feet, and for the purpose of providing temporary shelter.
[Added 9-3-2020 by L.L. No. 1-2020]
LIGHT MANUFACTURING
The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building and will not cause impacts beyond the property line. This term includes, but is not limited to, a business engaged in the processing, fabrication and assembly of crafts, toys, leather, wood, paper, plastic, or metal products, but excludes industrial processing from raw materials.
[Amended 1-19-2017 by L.L. No. 1-2017]
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as are required by this chapter.
(1)
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
(2)
LOT DEPTH
The average horizontal distance between the front and rear lot lines.
(3)
LOT FRONTAGE
The width of a lot at the front lot line.
(4)
LOT LINES
The property lines bounding a lot.
(a)
LOT LINE, FRONT
The line separating the lot from a street or, where no right-of-way is established, a distance of 25 feet from the center line.
(b)
LOT LINE, REAR
The lot line opposite and most distant from the front lot line. The rear lot line for a triangular-shaped lot shall be considered to be zero feet in length.
(c)
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT AREA
The land area contained within the lot lines, excluding area within highway rights-of-way and land under water except for ponds contained wholly within a lot.
LOT COVERAGE
That portion of the lot area that is covered by impervious surfaces.
[Added 1-19-2017 by L.L. No. 1-2017]
LOT WIDTH
The average horizontal distance between the two side lot lines.
LUMBERYARD
A facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products, are stored and sold. (See also "home improvement center.")
[Added 1-19-2017 by L.L. No. 1-2017]
MAJOR IMPACT USE
A use of such scope and impact that it requires special use and site plan review approval under the provisions of § 185-27 hereof.
MANUFACTURED HOME
A transportable single-family dwelling unit intended for permanent occupancy which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a chassis so that it might be towed, not including a modular or sectional dwelling, recreational vehicle or travel trailer. (Same as "mobile home.")
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which have been designated and improved for the purpose of placing three or more mobile or manufactured homes for occupancy as single-family dwellings. (Same as "mobile home park.")
MINI-STORAGE UNITS
Buildings or structures used for the rental of multiple spaces for the storage, principally of personal goods.
MOBILE FOOD VEHICLE
A self-contained motorized vehicle or trailer, including what are commonly referred to as "food trucks," in which ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution.
[Added 7-1-2021 by L.L. No. 1-2021]
MOBILE FOOD VENDOR
The owner of a mobile food vehicle or the owner's agent.
[Added 7-1-2021 by L.L. No. 1-2021]
MOTELS and HOTELS
Establishments providing transient lodging accommodations to the general public with or without additional services such as restaurants, meeting rooms and recreational facilities.
MUSEUM
A building having public significance by reason of its architecture or former use or occupancy, and a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
[Added 1-19-2017 by L.L. No. 1-2017]
NOI
Notice of intent for coverage under an SPDES General Permit for Stormwater Discharges, as required by the New York State Department of Environmental Conservation (DEC).
[Added 1-19-2017 by L.L. No. 1-2017]
NONCONFORMING LOT
Any legally created lot of record on the effective date of this zoning law which does not meet the minimum lot area and/or lot width requirements of this zoning law for the zoning district in which such lot is situated.
[Added 9-3-2020 by L.L. No. 1-2020]
NONCONFORMING STRUCTURE
Any structure which is in existence within a given zoning district on the effective date of this zoning law, but which is not in conformance with the dimensional regulations for that zoning district. Or any structure built, expanded or constructed with a grant of a variance by the zoning board of appeals that is not in conformance with the dimensional regulations for that zoning district.
[Added 9-3-2020 by L.L. No. 1-2020]
NONCONFORMING USE
Any principal use which is in existence within a given zoning district on the effective date of this zoning law that is not an allowable use for the zoning district in which it is located. Any property granted a use variance for a principle use that is not allowable in the zoning district in which it is located shall be considered a nonconforming use.
[Added 8-15-2019 by L.L. No. 1-2019; amended 9-3-2020 by L.L. No. 1-2020]
NURSERY
An operation for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown on site or established in the ground prior to sale, and for related accessory sales and uses.
[Added 1-19-2017 by L.L. No. 1-2017]
OFFICE, PROFESSIONAL
Professional or government offices, including accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices, including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home. Does not include: medical offices or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.
[Added 1-19-2017 by L.L. No. 1-2017]
ON-SITE SEWER/WATER FACILITIES
Systems for the provision of water supply or the treatment of sewage on the same lots with the individual dwelling units being served. (See "central sewer/water facilities.")
OUTDOOR SALES
The placement of goods, equipment, or materials for sale or for advertisement, outside of the building or structure. "Outdoor sales" shall not mean "garage sales" as defined herein.
[Added 1-19-2017 by L.L. No. 1-2017]
PLANNED UNIT DEVELOPMENT
A structure or group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas and includes 25 or more dwelling units.
PLANNING BOARD
The Planning Board of the Town of Rockland.
PRINCIPAL PERMITTED USE
A principal use allowed as a matter of right in the district in which it is permitted.
RECREATIONAL VEHICLE
Any building, structure, or vehicle designed and/or used for temporary living or sleeping and/or recreational purposes and equipped with or placed upon wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes and including pick-up coaches (campers), motorized homes, boats, travel trailers, and camping trailers not meeting the specifications required for a manufactured home or mobile home. A recreational vehicle shall be used only as specified and/or intended by the manufacturer. A recreational vehicle shall also include tiny houses on wheels (see definition).
[Added 9-3-2020 by L.L. No. 1-2020]
RECREATION, INDOOR
Recreational activities conducted entirely within a building, including team or individual sports and related health and exercise facilities operated on a commercial or fee basis. Indoor recreation includes, but is not limited to, a gymnasium, fitness center, bowling alley, skating rink; tennis and other racquet courts; field house, indoor track, indoor basketball, indoor pool, and firing range. An indoor recreation use may include accessory uses, such as food service facilities, meeting rooms, serving of alcoholic beverages, video or computer game facilities, video theater facilities, a spa, sales or sport or exercise-related equipment or clothing and other accessory uses clearly incidental to the recreation activity.
[Amended 1-19-2017 by L.L. No. 1-2017]
RECREATION, OUTDOOR
Recreational activities conducted outdoors in open or partially enclosed or screened facilities, including, but not limited to, playing fields, tennis and racquet courts, swimming, bike trails, hiking, orienteering, batting cages, driving ranges, mini-golf, water and amusement parks, skateboard park, paintball, and laser tag. Outdoor recreational shall not include firing ranges, motorized cart and motorcycle tracks, all-terrain vehicle facilities, and motorized model airplane flying facilities. An outdoor recreational use may also include accessory uses and buildings, such as a clubhouse, food stand, offices, and other uses accessory and incidental to the outdoor commercial use. Golf courses are regulated as a separate use.
[Amended 1-19-2017 by L.L. No. 1-2017]
RELIGIOUS INSTITUTION
A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
[Added 1-19-2017 by L.L. No. 1-2017]
REPAIR SERVICES
Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.
[Added 1-19-2017 by L.L. No. 1-2017]
RESTAURANT
Any establishment where food is regularly prepared and served for consumption either on or off the premises and constitutes at least 60% of sales as compared to alcoholic beverages, including eating and drinking places, food service establishments, commercial food stands and drive-in or fast-food establishments. A restaurant may be operated from any facility specifically constructed or renovated for this purpose but not from a parked vehicle or temporary structure unless otherwise specifically provided for herein.
RETAIL SALES ESTABLISHMENT, LARGE-SCALE
Establishments of more than 10,000 square feet and not greater than 30,000 square feet of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales, or rental; and food sales or markets. Typical uses include department stores and bulk retail outlets.
[Added 1-19-2017 by L.L. No. 1-2017]
RETAIL SALES ESTABLISHMENT, SMALL-SCALE
Establishments of 10,000 square feet or fewer of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service; building materials and/or supplies, sales, or rental; and food sales or markets. Typical uses include sale of consumer goods of art or craft objects, flower shops, gift shops, and boutiques.
[Added 1-19-2017 by L.L. No. 1-2017]
RETAIL SALES ESTABLISHMENT, SPECIALTY
Retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores; shoe stores, stationary stores, antique stores, craft stores, and similar establishments.
[Added 1-19-2017 by L.L. No. 1-2017]
RETAIL SERVICES ESTABLISHMENT
Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places; hotels and motels; finance, real estate and insurance; personal service; motion pictures, amusement and recreation services; health, educational and social services; museums and galleries.
[Added 1-19-2017 by L.L. No. 1-2017]
SAWMILL
A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products, not including the processing of timber for use on the same lot by the owner or resident of that lot.
[Added 1-19-2017 by L.L. No. 1-2017]
SIGN
See §
185-30.2.
[Added 1-19-2017 by L.L. No. 1-2017]
SOLAR COLLECTION SYSTEM
See §
185-30.3.
[Added 1-19-2017 by L.L. No. 1-2017]
SPECIAL EVENT
Cultural event, farmers market, fair, carnival, festival, parade, sporting event, music event, or other types of special events that generally run for one to three days and are intended to or likely to attract substantial crowds.
[Added 7-1-2021 by L.L. No. 1-2021]
SPECIAL USE
A primary use allowed subject to Planning Board approval and site plan review and modification in accordance with the standards and criteria contained herein, which use may also be denied if such standards cannot be met or appropriate modifications made to safeguard the public interest.
STABLE
Any structure or land used, designed, or arranged for the maintenance or rental of horses, mules, ponies, or donkeys either with or without a bridle path or riding area, but excluding structures or land used, designed, or arranged for the maintenance of horses or mules used exclusively for agricultural purposes.
[Added 1-19-2017 by L.L. No. 1-2017]
STORAGE CONTAINER
An enclosed metal container (usually with a wooden floor) no larger than eight feet wide, eight feet six inches tall, 40 feet long. Also known as a "shipping container" or "international intermodal container," storage containers are regulated in the Town in accordance with §
185-16.1 of this chapter. Railroad cars, retired manufactured housing units and recreational vehicles, truck bodies, or other mobile units intended for storage and not meeting the parameters of this definition shall not be considered storage containers. Storage containers are not intended for dwelling purposes.
[Added 10-7-2021 by L.L. No. 2-2021]
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports and storage sheds.
SWPPP
Stormwater Pollution Prevention Plan, as required by the New York State Department of Environmental Conservation (DEC) in conformance with DEC technical standards and SPDES stormwater permit requirements. A basic SWPPP consists of a plan for erosion and sediment control. A full SWPPP consists of a plan for erosion and sediment control plus a post-construction stormwater control plan. All terms defined in the DEC's Stormwater Management Design Manual are hereby incorporated herein by reference.
[Added 1-19-2017 by L.L. No. 1-2017]
TAVERN
Any establishment where food and drink are regularly prepared and served for consumption on the premises, but food constitutes less than 60% of sales as compared to alcoholic beverages.
TELECOMMUNICATIONS FACILITY
Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended to transmit and/or receive frequencies, including, but not limited to, antennas, monopoles, equipment, appurtenances and structures. Also known as "wireless communication (telecommunication) facility."
[Added 1-19-2017 by L.L. No. 1-2017]
TENT SITE
A type of campsite within a private campground, including space for one or two tents and intended for primitive camping without any modern features such as fixed structures, electricity, or RV amenities.
[Added 9-3-2020 by L.L. No. 1-2020]
THEATER
A building used for theatrical or other cultural activities, open to the public or designated part of a public, nonprofit group or agency.
[Added 1-19-2017 by L.L. No. 1-2017]
TINY HOUSE ON WHEELS
Also known as tiny home on wheels, thow, or small houses, these units are manufactured as a single unit, consisting of a house and its undercarriage which enables the house to be transported. A THOW may bear a seal from the National Organization of Alternative Housing. THOWs that do not meet the NYS Uniform Fire Prevention and Building Code for residential housing do not qualify for permanent or temporary housing units.
[Added 9-3-2020 by L.L. No. 1-2020]
TOWNHOUSE
A building on its own separate lot containing one dwelling unit that occupies space from the ground to the roof, and is attached to one or more other townhouse dwelling units by at least one common wall.
[Added 1-19-2017 by L.L. No. 1-2017]
USE
The specific purpose for which a parcel of land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
WHOLESALE ESTABLISHMENT
An establishment or place of business primarily engaged in selling and/or distributing 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.
[Added 1-19-2017 by L.L. No. 1-2017]
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
(1)
YARD, FRONT
An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
(2)
YARD, REAR
An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
(3)
YARD, SIDE
An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING MAP
The Zoning Map or Maps for the Town of Rockland, New York, together with all amendments subsequently adopted.