As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure or combination of structures subordinate to the principal use of a building or to the principal use of land and containing no habitable space and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or use. Examples of an accessory structure include, but are not limited to, a garage, deck, gazebo, carport, shed, pool house, cabana, and a fence. Accessory uses and structures cannot be greater than 65% of the floor area of the principal structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use and located on the same lot with the principal use. In no case shall the accessory use dominate, in area, extent or purpose, the principal use or structure.
ADULT ENTERTAINMENT
(1)
The use of land, structures or location for an adult entertainment business or as an adult physical contact establishment as herein defined;
(2)
Any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors;
(3)
An establishment, location, building or structure which features topless or nude dancers; and
(4)
A location, building or structure used for presenting, lending or selling digital or printed media distinguished or characterized by an emphasis of matter depicting, describing or relating to specific sexual activities or specific anatomical areas.
AGRICULTURAL TOURISM
Agricultural-related tours, events and activities, used to attract people and promote the sales of farm produce and agricultural products. These tours, events and activities include, but are not limited to, pick-your-own, petting zoos, school tours, outdoor trails, corn mazes, hayrides, pony rides, group picnics, on- and off-site food catering services, craft shows, outdoor recreation but excluding weddings and concerts. To be a permitted use, the farm must be actively producing agricultural products for sale.
AGRICULTURAL USE
Any management of any land for agriculture, including but not limited to the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture, including greenhouses; and orchards; including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. This definition shall also include the on-farm processing of agricultural products produced on that farm Agricultural Use does not include the production or processing of hemp or marijuana or hemp and marijuana products. This definition may be further clarified and guided by the definition provided by NYS Ag and Markets Law. The Town may defer to their definition and/or guidance when making an interpretation.
AGRICULTURE-RELATED ITEMS
Items sold at a farmers' market or produce stand to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream, beverages, clothing and other items promoting agriculture or the farm or entities operating the farmers' market or produce stand.
ALTERATION
Any construction or renovation to an existing structure other than a repair or additions.
AMUSEMENT CENTER
An indoor facility where there are devices for entertainment, including rides and booths for the conduct of games and buildings for shows and entertainment.
AREA REGULATIONS
The regulation of building or lot size, setbacks or yards, frontage, parking and loading requirements and similar regulations, but not including performance or environmental regulations.
ARTICULATION
The elements in the massing of a building which establish character and visual interest.
ASPHALT PLANT
A facility where oil products, stone and/or sand are assembled to produce asphalt, which is then consumed or used at another location.
AUTOMOTIVE SALES AND SERVICE
Any area of land, including the structures thereon, that is used for the retail sale of motor vehicles and accessories, and which may or may not include auto repair shop and/or auto body shop services.
BANK
A business chartered as a bank, trust company or credit union by the State of New York or United States, and which is open to provide services to walk-in or drive-up customers.
BASEMENT
That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. This definition includes the term "cellar."
BED-AND-BREAKFAST
An owner-occupied single-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for use by such lodgers.
BELT COURSE
A design element aligned horizontally along a building wall, typically a continuous row or layer of stones, tiles, bricks, shingles, or similar materials; also called a string course or band course.
BILLBOARD SIGN
A sign that exceeds three times the maximum allowed sign area and that advertises a business, commodity, service or entertainment at a location other than the premises on which the sign is located.
BLOCK
All contiguous lots, passages, and alleys, bounded by thoroughfares, railroad rights-of-way, water bodies, or public parks.
BLUE ROOF
A non-vegetated roof design that is intended to slow rainfall or snowmelt, typically to manage stormwater or store and reuse water.
BOAT HOUSE
A structure which has direct access to a navigable body of water and is used for the storage of vessels and associated equipment and does not have a bathroom or kitchen facilities and is not designed or used for lodging or residency.
BOAT STORAGE, SALES AND REPAIR
A use in which boats or marine craft are stored, sold or repaired for commercial gain.
BOND or LETTER OF CREDIT
A written agreement issued by a qualified agent or banking organization which guarantees the performance of a certain agreed-upon activity by requiring the payment of an equivalent consideration if the activity is not completed as required.
BUILDING HEIGHT
The height of structure measured in stories. Building height is the vertical distance of a structure measured from the top of the parapet for a flat roof; the peak of a gambrel or mansard roof; or the peak of a pitched roof. The following are exceptions and do not count toward the maximum story height requirements:
(1)
Cupolas, domes, bell towers, spires, steeples, and ornamental towers, provided that they are not intended for occupancy.
(2)
Chimneys and fire escapes.
BUILDING LINE
The line of the exterior face of a building facing a lot line. The face shall include bay windows, covered porches, whether or not enclosed, and any projections, excepting, however, open steps that provide access to the ground floor or basement of a building and eaves, which may project 18 inches into the required setback. (See "setback.")
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUILDING/STRUCTURE
Any structure utilized or intended for supporting or sheltering any occupancy.
BULK FUEL STORAGE
An establishment in which fuel is stored prior to transfer in trucks, trains or by pipeline for wholesale or retail distribution.
CALIPER
The diameter of a tree trunk as measured 4.5 feet above the root collar, which is at the base of the tree where the tree's roots join the trunk.
CAMPGROUND
An area designated for transient occupancy by camping in tents, camp-trailers, motor homes, truck-cap campers or pickup campers, yurts, vans, or other non-permanent facilities or vehicles designed for temporary shelter. An individual may not occupy a campground for more than 180 days in any calendar year.
CANNABIS FACILITY
A cannabis retail dispensary, cannabis cultivation facility, cannabis nursery, cannabis processing facility, on-site cannabis consumption facility, or a cannabis microbusiness, operating pursuant to the New York State Marijuana Regulation and Taxation Act, as these terms are defined below.
(1)
CANNABIS CULTIVATION FACILITY
A facility that may include, but is not limited to, the agricultural production practices of planting, growing, cloning, harvesting, drying, curing, grading, and trimming cannabis, pursuant to the New York State Marijuana Regulation and Taxation Act.
(2)
CANNABIS MICROBUSINESS
A cannabis facility operating pursuant to the New York State Marijuana Regulation and Taxation Act and which includes two or more of the following activities in one facility: cultivation, processing, distribution, delivery, and retail sales.
(3)
CANNABIS NURSERY
A cannabis facility operating pursuant to the New York State Marijuana Regulation and Taxation Act that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cannabis cultivators, microbusinesses, cooperatives, and registered organizations for commercial use or sale.
(4)
CANNABIS PROCESSING FACILITY
A cannabis facility that may include, but is not limited to, blending, extracting, infusing, packaging, labeling, branding and otherwise making or preparing cannabis products requiring a license pursuant to the New York State Marijuana Regulation and Taxation Act.
(5)
CANNABIS RETAIL DISPENSARY
A retail facility for the sale of cannabis products, requiring a license pursuant to the New York State Marijuana Regulation and Taxation Act.
(6)
CANNABIS ON-SITE CONSUMPTION FACILITY
A facility for the on-site consumption of cannabis products, requiring a license pursuant to the New York State Marijuana Regulation and Taxation Act.
CAR WASH
A service business where motor vehicles are cleaned and in which accessory products may be sold.
CEMETERY
A burial place or ground operated and maintained by a religious organization, private entity or a government agency, which may include aboveground burial vaults.
CENTRAL PRIVATE UTILITY
A sewage or water system which serves a development project and which is paid for by nonpublic funds and without special district taxation.
CISTERN
A large-scale storage tank designed to catch runoff from a roof.
CIVIC
The term defining not-for-profit organizations dedicated to arts, religion, culture, education, recreation, government, and transit.
CLUB
A building and/or related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, education, recreational, or cultural enrichment of its members and not primarily for profit and whose members typically pay dues and/or meet certain prescribed qualifications for membership.
CLUSTER/CONSERVATION DEVELOPMENT
A subdivision in which the lots are plotted with less than the minimum lot size and dimensional requirements but which have access to common open space which is a part of the overall development plan, that incorporates an approach to land conservation and development planning and design that emphasizes the protection of important natural and cultural resources as a way to preserve these resources to the maximum extent practicable as land becomes developed.
CODE ENFORCEMENT OFFICER
The individual certified by NYS to enforce the 2020 NYS Uniform Code or as updated,[1] and municipal zoning code.
COMMERCIAL EQUESTRIAN USE
Commercial use of horse, donkey, and mule facilities including: horse ranches, boarding stables, riding schools and academies, horse exhibition facilities, auctions. This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.
COMMON FACILITIES
Complementary structures and/or improvements located on a common open space appropriate for the benefit and enjoyment of the space by the public or members of the controlling association or condominium.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, designated and intended for the private or public use or enjoyment of the space, and which may include such appurtenant structures that are necessary to enhance the enjoyment of the space.
CONDOMINIUM DEVELOPMENT
A project of individual single-family dwelling units, which may consist of one, a part of one, or more than one structure, wherein the dwelling units are individually owned, each owner holding a title thereto, while retaining, together with all the other owners of units in the project, an undivided interest in the common facilities and areas of the buildings and grounds, which are used by all the residents, through an offering prospectus.
CONDOMINIUM UNIT
An individual single-family dwelling unit, or a commercial or industrial unit, within a condominium development.
CONSTRAINED LAND
The area of a parcel or lot that may be impacted by the presence of steep slopes (>12%), wetlands, regulated water bodies, and or floodplains/floodways. See guidance in Article VI, Cluster and Conservation Design.
CONSTRUCTION ACTIVITY
Any clearing, grading, excavation, filling, demolition or stockpiling activities that result in soil disturbance. Clearing activities can include, but are not limited to, logging equipment operation, the cutting and skidding of trees, stump removal and/or brush root removal.
CONTRACTOR UNITS
Small individual suites specifically designed for small business contractors and trades and comprised of a mix of storage, garage, and office space that are leased. Uses are limited to the uses permitted in that zoning district.
CONVENTION CENTER
A facility offering meeting rooms and providing support activities, such as food preparation or service, but not including lodging.
DAY CARE CENTER
A place other than an occupied residence, providing or designed to provide day care for any number of individuals, or an occupied residence providing or designed to provide day care for seven or more individuals, and which meets the criteria contained in Part 418 of Title 18 of the New York Code of Rules and Regulations.
DAY-CARE, HOME
A family home, which is a personal residence and occupied as a family residence, which provides child day care on a regular basis for compensation or otherwise and, for purposes of this chapter, includes both of the following as defined in Parts 416 and 417 of Title 18 of the New York Code of Rules and Regulations and which meets the criteria as contained in those two parts:
(1)
Family day-care home: for three to six children (Part 417).
(2)
Group family day-care home: for seven to 12 children (Part 416).
DISCONTINUANCE
To cease a use or activity excluding temporary or short-term interruptions to a use or activity during remodeling, maintaining, or otherwise improving or during periods of vacation or seasonal closure. An intent to resume can be demonstrated through the continuous operation of a portion of the facility, maintenance of sewer, water, or other public utilities, or other outside proof of continuance such as bills of lading or delivery records, etc.
DISTRIBUTION FACILITY
A facility used to disperse products or articles to another location and may include last-mile facilities.
DOCK
Any structure, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which provides a berth for watercraft and/or a means of pedestrian access to and from the shoreline. This shall include boathouses, piers, wharfs, crib docks, stake docks, floating docks and all such similar structures.
DRIVE-THROUGH WINDOW
A service window in which customers of a facility can access goods or services from within a vehicle. A drive-through window may include restaurants including fast-food operations, banks, and pharmacies.
DRIVEWAY
A vehicular lane within a lot or shared between two or more lots providing access to a street, garage, parking area, or parking lot.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, ATTACHED ACCESSORY
A dwelling unit attached to a principal dwelling unit by a common wall on a single parcel. Accessory dwelling units shall not exceed 50% of the floor area of the principal dwelling unit.
DWELLING, MULTIFAMILY
Any building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including but not limited to apartments, certain condominium developments and the conversion of existing single-family dwellings.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family, erected on a permanent foundation, with/without basement and equipped for year-round occupancy.
DWELLING, TOWNHOUSE
A single-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DWELLING, TWO-FAMILY or DUPLEX
A detached building containing two dwelling units that are attached by a common wall and on a single lot.
EASEMENT
Deeded authorization by a property owner for the use or nonuse of any part of their property.
ENCLOSED
With respect to a building, being completely surrounded on four sides by walls and covered with a roof. An enclosed structure will have doors of various kinds, which may or may not be open when the use or activity is occurring.
ENCROACHMENT
Any structure or structural element which intrudes into an easement, buffer, setback or dedicated right-of-way or property line.
EQUIPMENT STORAGE, SALES AND SERVICES
A lot, building, or retail establishment utilized for purposes such as storage, rental, sales and service of construction and heavy equipment and machinery including cranes, earthmoving equipment, heavy trucks, etc.
ESSENTIAL PUBLIC SERVICES
Underground or overhead gas, electrical or water transmission or distribution systems or sewer systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, manholes, telecommunications cables, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or the Town or other governmental agencies for the public health or safety or the general welfare.
EXPANSION
Any growth of activity which requires the enlargement of facilities, including buildings, parking spaces, storage yards or any other facilities which are required to accommodate such growth. May also include clearing and grading.
EXPRESSION LINE
An architectural feature consisting of a decorative, three-dimensional, linear element, either horizontal or vertical.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit.
FARM
Real property used primarily in the production of crops, livestock or livestock products as a commercial enterprise, including commercial horse boarding as defined in NY Agriculture and Markets Law § 301(13). Parcels comprising a farm may be noncontiguous [ref. Agriculture and Markets Law § 301(11), 2005].
FARM STAND
A structure designed for the sale of farm products, such as fruits, vegetables, flowers, eggs, and honey and products that are agriculture-related.
FARM WORKER HOUSING
Any dwelling, other than a dwelling that is the principal use on a lot and complies with all zoning requirements, that is used to house permanent and/or seasonal employees of a farm operation and their families and that is owned and maintained by the farm operator on land owned, rented or leased by the operator.
FARMERS' MARKET
A permanent, semi-permanent structure, or temporary structure (or stalls or tents), operated on a seasonal or year-round basis, that allows for agricultural producers to sell their products and agriculture-related items directly to consumers.
FENCE
A barrier consisting of material(s) assembled, constructed or erected at a fixed location on the ground or attached to the ground. "Fence" does not include a hedge or similar barrier composed of growing vegetation or a man-made berm.
FILTER STRIP
An area with vegetation that removes contaminants.
FLAG LOT
A lot with a driveway access strip which has a minimum lot frontage of 25 feet on a public road that provides access to the buildable portion of the lot. The flag lot shall be large enough to contain the minimum lot area required by the Zoning Ordinance without including the area within the driveway access strip. Building setbacks shall be measured from the lot lines of the buildable portion of the lot.
FLOOR AREA or GROSS FLOOR AREA
(1)
RESIDENTIAL
The area, in square feet, within the exterior walls of a dwelling unit, including, but not limited to, attached garages, porches, decks, etc.
(2)
COMMERCIAL or INDUSTRIAL
The total area, in square feet, within the exterior walls of a building or structure and, when applicable, the sum total of all floor areas of the principal and accessory buildings or structures under single ownership or business.
FLOOR AREA RATIO (FAR)
The relationship of building size to lot size, derived by dividing the total building square footage (see "building square footage") by the lot size in square feet, yielding a percentage.
FORECOURT
An open area in front of a building.
FREIGHT
Goods, merchandise, substances, materials, and commodities of any kind that may be transported or transferred from one place to another by air, rail, or motor carrier.
FREIGHT OR TRUCK TERMINAL
Any premises, which may include structures and buildings used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported for the purpose of storing, transfer, loading, and unloading goods; may include intermodal distribution facilities for truck, rail or shipping transport.
FRONT, LINE
A lot line bordering a public frontage.
FRONTAGE, PRINCIPAL
The primary frontage area of a building with a main entrance.
FRONTAGE, SECONDARY
The frontage that is not the primary frontage and that is associated with a side entrance.
FUEL SUPPLY DEPOT/STORAGE
A facility which stores petroleum products for distribution to off-site locations.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GALLERY
A private frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.
GARAGE, COMMERCIAL
Any garage, other than a private garage, operated for gain, and which is used for storage, repair, lubricating, washing, servicing, adjusting, or equipping of motor vehicles. A DMV placard noting the business as a licensed repair garage is required.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted and is subordinate to the principal structure. No more than one unregistered vehicle is permitted.
GASOLINE STATION
A lot occupied or used for the sale of lubricants, tires and accessories for motor vehicles, including facilities for greasing, washing, cleaning, polishing or otherwise servicing vehicles, but not including painting or major repairing thereof.
GOLF COURSE
A tract of land for playing golf, improved with tees, greens, fairways, and hazards, and may include clubhouses, shelters, bathrooms, and restaurant and tavern facilities.
GRADING
The physical alteration of the contours of land.
GREEN INFRASTRUCTURE
The multifunctional, interconnected network of open space and natural features such as greenways, wetlands, parks, forest preserves, and areas of native plant vegetation, that naturally manages stormwater, reduces flooding risk, and improves water quality.
GREEN ROOF
A vegetated roof design that is designed to absorb rainfall or snowmelt, typically to manage stormwater, mitigate the heat island effect, or offer recreational space for building occupants.
GREENHOUSE
A structure or thermally isolated area of a building that maintains a specialized sunlit environment used for, and essential to the cultivation, protection or maintenance of plants. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery.
HIGHWAY RIGHT-OF-WAY
That line which measures the right-of-way of any road and which is established by the town, county or state having jurisdiction over the road.
HOME OCCUPATION
A profession or trade conducted entirely within a dwelling and/or a detached garage and/or allowed accessory structure(s) and carried on by the dwelling inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof. Home occupations are further described and characterized in Article XV, Home Occupations.
HOMEOWNERS' ASSOCIATION (HOA)
A contract agreed to by owners of homes in an area that provides regulations for the operation and maintenance of individual properties and/or commonly owned facilities and/or open space.
HOTEL
A building in which lodging is provided in guest units and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office, supervised by a person in charge at all hours. The guest unit must consist of a room arranged or designed to be available for use as sleeping quarters for transient guests on a daily or weekly basis.
ILLUMINATION, EXTERNAL
Use of artificial light reflecting off a sign surface.
ILLUMINATION, INTERNAL
Use of artificial light projecting through a sign surface. Only backlit, halo-lit, or reverse channel letters with halo-lit illuminations are permitted, except for neon or LED lighting, which is permitted for window signs.
IMPERVIOUS SURFACE
Areas which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes that may potentially involve hazardous conditions.
INDUSTRY, LIGHT
Low-intensity manufacturing uses that are conducted indoors and which do not involve exterior storage of raw materials or finished products. Such uses may include showrooms for the sale of finished products.
KENNEL
An establishment to house dogs, cats, and other household pets where grooming, breeding, boarding, training, adoption, or selling of animals is conducted for commercial purposes.
LABORATORY
A building in which chemical, mechanical, physical, electrical or other research, production, design or development of materials or processes is conducted.
LAND CLEARING
The excavation, cutting, removal, alteration, destruction or clearing of perennial or annual vegetation, including trees, or the disturbance of soil.
LANDSCAPING
The act of changing or enhancing the natural features of a plot of ground, usually around a building, generally by adding lawns, shrubs, trees, bushes and the like.
LIVESTOCK, COMMERCIAL
The keeping of poultry, cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, alpacas, live fish, crawfish, and other animals that are part of a foundation herd (including dairy producing cattle) or offspring; or are purchased as part of a normal operation.
LIVESTOCK, NON-COMMERCIAL
The keeping of poultry, cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, alpacas, for private use.
LOADING SPACE
An off-street space, area or berth, with an appropriate means of access to a street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials.
LOT
A parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, survey map or by metes and bounds, for the purpose of sale, lease or separate use.
LOT COVERAGE
All areas covered by buildings, pavement or other permanent impervious surfaces, but not including stored merchandise such as cars.
LOT LINE
The established division line between different parcels (lots) of property.
LOT LINE, FRONT
The lot line which abuts a public right-of-way boundary.
LOT LINE, INTERIOR SIDE
A lot line that connects a front lot line and rear lot line and does not abut a thoroughfare. This definition applies to condominiums.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT WIDTH
The distance between side lot lines, measured at the front lot line.
LOT, CORNER
A lot situated at the intersection of two or more public rights-of-way.
LOT, DEPTH
The horizontal distance between the front and rear lot lines.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets. The front-line setback shall apply to both frontages.
MANUFACTURED HOME
A structure transportable in one or more sections that, in the traveling mode, is eight feet or more in width or 40 feet or more in length or when erected on site is 320 square feet minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all requirements of this definition except the size requirement and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the National Manufactured Home Construction and Safety Standards Act of 1974,[2] as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. A label certifying compliance with the Standard for Manufactured Homes, NFPA 501, ANSI A119.1, in effect at the time of manufacture is deemed acceptable. For the purpose of these provisions, a mobile home shall be considered a manufactured home. This definition of manufactured home includes all additions which are purchased and added thereto or additions made subsequent to installation. This definition of manufactured home does not include any factory-manufactured modular housing placed on a standard foundation nor does it include a recreational vehicle.
MANUFACTURED HOME PARK
A "manufactured home park" is any parcel of land which is improved or occupied for the placement of two or more manufactured homes which are used as dwellings intended for occupancy for more than 30 consecutive days.
MARINA/WATERFRONT-RELATED USE
An activity which can only be conducted on, in, over, or adjacent to a water body because such activity requires direct access to that water body and involves, as an integral part of such activity, the use of the water, including a marina, yacht club, boat launch, fishing piers, tour boat and charter facilities, research and educational facilities requiring access to waterways. Such activities may include the storing, servicing, fueling, berthing, and securing of boats and may also include eating, sleeping, and retail uses that are accessory to marina/waterfront-related facilities for owners, crews, and guests.
MASSING
The three-dimensional shape of a building(s) height, width, and depth.
MEDICAL FACILITY
A building or site used for physical or mental medical activities, and which is operated by individuals in the health industry licensed by the State of New York. All hospitals and institutions specializing in medical treatment, physical and mental therapy (including alcohol and drug treatment), and assisted living for all ages are considered to be medical facilities.
MINERAL EXTRACTION ACTIVITIES
Activities which involve the construction of a pit or excavation of earth to remove sand and gravel deposits other than activities normally associated with the permitted/approved with construction of a single-family home and/or subdivision development.
MIXED USE
The presence of multiple uses (residential and commercial uses) within the same complex, building, parcel, district or zone.
MODULAR HOME
Any building comprised of two or more sections, without their own chassis, capable of being transported to their building site and permanently joined into one integral unit which is indistinguishable in appearance from a conventionally built home, including but not limited to a sloped roof and permanent foundation.
MOTEL
A building containing living and sleeping accommodations used for transient occupancy and which has individual entrances from outside the building to serve each guest unit.
MOTOR VEHICLE REPAIR SHOP
Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public. This category includes all the components of the automotive industry except retail sales, including parking lots and structures, all types of repairs, car washes and rental and leasing activities, so long as these components are incidental to and an accessory to a facility primarily engaged in furnishing automotive repair, rental, leasing or parking services to the general public.
MOTOR VEHICLE SALES
An establishment including outside areas and/or showrooms enclosed within a building used for the display or sale of new or used automobiles, trucks, cargo trailers, recreational vehicles, motorcycles, snowmobiles and/or boats. Uses may include the general repair of such vehicles.
NONCONFORMING LOT
An existing lot which does not comply with one or more of the area or use provisions of this chapter.
NONCONFORMING STRUCTURE
Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter but which is not in conformance with the dimensional regulations for that zoning district.
NONCONFORMING USE
Any use which is in existence within a given zoning district on the effective date of this chapter but which is not a permitted use, for that zoning district, as listed in the Schedule of Regulations[3] or a use for which a use variance had previously been granted.
NURSERY
Land or greenhouses used to raise flowers, shrubs and plants for sale, as well as other goods customarily sold with plants, including materials incidental to gardening. This use may include a commercial greenhouse.
OFFICE BUILDING
A building that has been developed as a facility to accommodate one or more separate offices as its primary use.
OPEN SPACE
Land not covered by buildings, pavement, open storage, mining operations or any other use that visually obscures the natural or improved landscape.
OVERLAY DISTRICT
A set of regulations which adds a layer of guidelines or provisions to the underlying regulating district. An overlay district may cover more than one zoning district.
PARKING LOT
A lot, parcel, or portion of, used, in whole or in part, and compiled of parking spaces for the parking of three or more motor vehicles under the provisions of this chapter. Parking lots may be constructed of various impervious or pervious materials.
PARKING SPACE
For the purpose of this chapter, one "parking space" shall constitute an area of not less than 10 feet by 20 feet, of such shape and vertical clearance so as to accommodate one vehicle.
PARKING SPACE, ADA COMPLIANT
Such space shall constitute an area not less than 10 feet by 20 feet. All ADA-compliant parking spaces shall include a loading zone, shall be marked with signage at the height of five feet, shall have all required pavement markings, and shall be located in an area on the site most accessible to the entrance.
PERMEABLE
Surfaces (also known as porous or pervious surfaces) which allow water to percolate into the soil to filter out pollutants and recharge the water table.
PERMITTED USE
The only uses allowed within a zoning district are those that are listed as principal permitted uses or a permitted use. Principal permitted uses are uses allowed without a use permit; whereas a permitted use is any use requiring action by the Zoning Board of Appeals or site plan or special permit review by the Planning Board. No use is permitted before a building permit is granted by the Code Enforcement Office and compliant with all other applicable provision of this chapter.
PERSON
Any individual, corporation, limited-liability corporation, partnership, association, trustee, or other entity authorized to exist in New York State and all political subdivisions of the state or any agency or instrumentality thereof.
PHASING PLAN
The requirement that development be constructed in phases consisting of a limited number of units at any one time.
PLACE OF WORSHIP
A building or place used for religious activities, including a church, synagogue, temple or mosque, which is used for the purpose of worship and activities customarily associated therewith.
PLACES OF PUBLIC ASSEMBLY
Public buildings, schools, halls, convention centers and other spaces and buildings where the general public may congregate, including private clubs.
PLANNED DEVELOPMENT DISTRICT
A unique zoning designation designed for a specific parcel or set of contiguous parcels that offers flexibility from the zoning district in which the parcel(s) lie and which clearly defines the uses, dimensional requirements, etc. that may be allowed on those parcel(s).
PRINCIPAL BUILDING
The building in which the principal use is conducted.
PRINCIPAL USE
The main or primary purpose for which land or a building is used or occupied or maintained. When more than one use is on a lot, the prominent use shall be considered the main or primary use. For residential zoning districts, residential shall be deemed the principal use.
PROFESSIONAL OCCUPATION
One who is engaged in professional services, including but not limited to all members of the field of medicine, law, architecture, engineering, surveying, accounting, insurance, financial planning.
PROFESSIONAL OFFICE
An office used to conduct a professional occupation.
RAIN BARREL
A storage tank designed to catch runoff typically from a roof.
RAIN GARDEN
A garden designed to collect stormwater runoff from impervious surfaces such as roofs, walkways, and parking lots, allowing water to infiltrate the ground.
RECREATIONAL FACILITIES, INDOOR
An indoor establishment with the primary purpose of facilitating exercise and recreation for individuals and families. Activities include, but are not limited to, court sports, aquatics, skating (blades or wheels), climbing, trampolining, indoor shooting and archery.
RECREATIONAL FACILITIES, OUTDOOR
An establishment with the primary purpose of facilitating exercise and recreation outdoors.
RESTAURANT
A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building.
RESTAURANT, FAST-FOOD
An establishment whose principal business is the sale of pre-prepared or rapidly prepared food/meals directly to the customer in a ready-to-consume state for consumption either within the restaurant or off the premises where customers pay for food prior to consumption, and which may include a drive-through window.
RETAIL
The offering, of goods, services or merchandise to the general public for a fee motor vehicle sales and equipment.
RIGHT-OF-WAY, PUBLIC
A parcel of land in public ownership or use open to the public for vehicular or pedestrian access.
ROAD, ARTERIAL
A street or road designed for the high-speed movement of large volumes of traffic between major points of activity.
ROAD, COLLECTOR
A street or road designated for the movement of traffic between arterial streets and local roads, as well as for servicing adjacent land uses.
ROAD, LOCAL
A street or road designated to provide access to abutting property, not intended primarily for the movement of through traffic.
SALVAGE YARD
Any area of land, including the buildings thereon, which is used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, storage, dismantling or salvaging of machinery or vehicles not in running condition and the sale of parts therefrom. The deposit of two or more junk vehicles or the major parts thereof for more than three months will be deemed to make the lot a salvage yard.
SAWMILL
Any building, site or place used for the cutting or milling of raw timber into dimensional lumber.
SCHOOL, PRIVATE
A school under the financial and managerial control of a private body or charitable trust, accepting mostly fee-paying pupils.
SCHOOL, PUBLIC
An institution for learning and intellectual development, including primary and secondary schools under the supervision of the State of New York State Education Department. Such schools may be a division of the school system consisting of students in one or more grades or other identifiable groups and organized to give instruction of a defined type.
SCREENING
Natural landscaped materials such as foliage, berms, trees, shrubs or other natural materials, or artificial materials such as fencing, which obscure the visual character and suppress the noise of any given building or use of land.
SELF-STORAGE FACILITY
A structure containing separate, individual and private storage spaces of varying sizes, licensed, leased to individuals for varying periods of time. Such facilities shall not be used for commercial or habitable space.
SETBACK
The established line beyond which no part of a building shall extend, except for the building eaves, which may extend 18 inches into the setback and basement window wells which may extend 36 inches into the setback.
SHED
An accessory building up to 144 square feet used to store materials or small equipment, not including trucks, automobiles or recreational vehicles, which supports the principal use of the site. A storage shed should be considered an accessory structure and shall be subordinate to the principal use and structure on the site.
SHOP FRONT
A private frontage conventional for retail use with substantial windows (glazing) where the facade is aligned close to the frontage line with the building entrance at sidewalk grade.
SHORELINE
The high-water mark at which land adjoins the waters of lakes, ponds, wetlands, rivers and streams within the Town.
SHORELINE BUILDING SETBACK
The shortest distance, measured horizontally, between any point of a building or accessory structure boathouses and the shoreline of any lake, pond, river, New York State Department of Environmental Conservation classified wetland or stream.
SIDEWALK
The improved section of the public frontage dedicated exclusively to pedestrian activity and constructed in accordance with the Town Highway Design Standards.
SIGN
Any display of lettering, numbering, logos, designs, colors, lights or illumination, visible to the public from outside of a building or from a public right-of-way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or events, goods, products, services or facilities available.
(1)
SIGN, A-FRAME
A sign that is not permanently attached to the ground or other permanent structure and props up in an A-frame configuration.
(2)
SIGN, EXTERNALLY ILLUMINATED
A sign which is illuminated by an external light source such as flood light, solar light, etc.
(3)
SIGN, FREESTANDING OR MONUMENT
Any sign not attached to or part of any building but separate and permanently anchored in the ground.
(4)
SIGN, ICONIC
A sculptural, typically three-dimensional sign whose form suggests its meaning, and which is building-mounted.
(5)
SIGN, INTERNALLY ILLUMINATED
Any sign designed to give forth or reflect any artificial light, such light deriving from any source which is intended to cause such light or reflection.
(6)
SIGN, NONCONFORMING
A sign lawfully erected and maintained prior to the adoption of the current Code that does not conform to the requirements of the current chapter.
(7)
SIGN, PROJECTING
A sign that attaches to the facade of the structure and projects out from the wall.
(8)
SIGN, TEMPORARY
A sign designed or intended to be displayed for a short period of time.
(9)
SIGN, WINDOW
A sign that is either painted or attached to the inside surface of a window.
SITE PLAN
A diagram, drawn to scale, showing the development plans for a lot, with specific requirements as outlined in this chapter.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent of degrees. To calculate slope, divide the difference between the elevations of two points by the distance between them, then multiply the quotient by 100. The difference in elevation between points is called the rise. The distance between the points is called the run. Slope is typically expressed as a percentage, an angle, or a ratio. Includes gradient, pitch, incline.
SOIL DISTURBANCE
Any man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land.
SPECIAL USE
A use that requires and must comply with the standards of a special use permit pursuant to this chapter. A use on a parcel of land that deviates from permitted uses and principal permitted uses while still providing a harmonious use in the zoning district. Special restrictions and requirements may be added.
STACKING SPACE
A queuing space designated as a waiting area for vehicles patronizing a drive-through window.
STORMWATER PLANTER
A specialized planter installed in the sidewalk area that is designed to manage street and sidewalk stormwater runoff.
STORY
A level within a building, constructed and designed to support occupancy as defined by the New York State Uniform Fire Prevention and Building Code.
STREET
A way for vehicular traffic, whether designated as a "street," "highway," "thoroughfare," "parkway," "throughway," "road," "avenue," "boulevard," "lane," "cul-de-sac," "place" or other designation, and includes the entire area within the right-of-way. (See "right-of-way, public.")
STRUCTURE
That which is built or constructed.
SWALE, VEGETATED
Broad, shallow channels designed to convey and infiltrate stormwater runoff planted with trees, shrubs, and/or grasses and designed in accordance with the NYS Standards and Specifications for Erosion and Sediment Control (The Blue Book).
SWIMMING POOL
Any structure, basin, chamber, or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designated to contain, or is capable of containing water more than 24 inches deep at any point. This includes in-, above-ground, and on-ground; indoor pools; hot tubs; spas and wading pools.
SWIMMING POOL, PUBLIC
Any swimming pool which is not a private swimming pool as defined herein.
TELECOMMUNICATIONS TOWER/CELL TOWER
Any structure which is capable of receiving and/or transmitting signals (for the purpose of communication).
TERRACE
An elevated area supported by masonry walls next to a building.
THEATER
A building or part of a building used to show motion pictures or for drama, dance, musical, or other live performances.
TIMBER HARVESTING
The cutting of trees over an area of exceeding one acre in area. Timber harvesting shall not be construed to include the clearing of land prior to development.
TRAVEL TRAILER or TRAVEL VEHICLE
Any vehicle, including a tent camper, RV, van, trailer, or motor home, which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel or recreational purposes.
UNLICENSED VEHICLE
Any unregistered, used motor vehicle or vessel, no longer in condition for legal use on public highways or waterways.
VARIANCE
A request to deviate from the regulations of this chapter relating to dimensional requirements or use regulations, granted by the Zoning Board of Appeals on the grounds as set forth in applicable regulations of this chapter.
VETERINARY HOSPITAL
A facility providing medical or surgical services to animals including related facilities, such as laboratories and boarding facilities incidental to medical care.
VETERINARY SERVICES
An establishment for the medical care of dogs, cats and other domestic small-animal pets as well as large animals by practitioners of the sciences of veterinary medicine; may include on-site boarding services; does not include outdoor pens, exercise runs or overnight boarding. Kennels are regulated separately.
WALK-UP WINDOW
A service window, such as for restaurants, in which customers can access goods or services by walking or bicycling.
WAREHOUSE
A building used to temporarily store or hold products or articles for use in assembly or manufacturing or for future transmission of said products or articles to another location.
WETLAND
Any area that meets one or more of the following criteria:
(1)
Lands and waters that meet the definition of "freshwater wetland" as defined in Section 24-0107.1 of the New York State Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation Law), as amended. The approximate boundaries of such areas are as depicted on the official freshwater wetlands map promulgated by the New York State Department of Environmental Conservation (NYSDEC) pursuant to Section 24-0301.5 of the Act, or as subsequently amended or adjusted pursuant to Section 24-0301.6.
(2)
Areas meeting federal criteria. All areas greater than 1,000 square feet in size that possess hydric soils and/or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published by the Federal Interagency Committee for Wetland Delineation (1989) and adopted by the U.S. Army Corps of Engineers (USACE), U.S. Environmental Protection Agency (EPA), and the U.S. Fish and Wildlife Service (FWS), as may be amended.
WETLAND BUFFER
A buffer area surrounding a wetland that is also subject to the regulations for wetlands as defined herein. The wetland buffer shall extend 100 feet horizontally from the edge of the wetland boundary and/or as may be defined by the regulating agency.
WINDOW TRANSPARENCY
The percentage of a facade made up of windows or glass.
YARD
An open unoccupied space on the same lot with a building or structure.
YARD, FRONT
A yard that extends the full width of the lot and is situated between the public right-of-way or shoreline and the front line of the building, projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the highway right-of-way line or shoreline. Covered porches or canopies and decks, whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard. (See also § 210-111.)
YARD, REAR
A yard that extends the full width of the lot and is situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building, including any covered porches or canopies and decks, whether or not enclosed. (See also § 210-111.)
YARD, SIDE
A yard that is situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, including any covered porches or canopies and decks, whether or not enclosed. (See also § 210-111, Lots bounded by two streets.)