A building subordinate to and clearly incidental to the principal building on the same lot, and used for the purposes customarily incidental to those of the principal building. An accessory building shall not contain habitable space. For the purposes of this law, tractor-trailers, shipping containers, portable on-demand storage structures (PODs), and similar structures are not considered to be accessory structures.

Any use that is incidental to a permitted use and located on the same lot and under the same ownership.

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, other periodicals, films, slides, videos or adult toys/marital aides, and which establishment is customarily not open to the public generally, but excludes any person under the age of 21.

A public or private establishment which presents topless dancers, strippers, male or female impersonators, lingerie or other private modeling, exotic dancers or other similar entertainment, and which establishment is customarily not open to the public generally, but excludes any person under the age of 21.

Any establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by a person other than the proprietor, paying such consideration or gratuity and which is not open to the public generally, but excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution, which meets the requirements established by the New York State Education Law for the issuance of diplomas and is in fact authorized to issue and confer diplomas.

A motel/hotel which is not open to the public generally, but excludes any person under the age of 21, or which makes available to its patrons in their rooms, films, slide shows, or video tapes which if presented in a public movie theater would not be open to the public generally, but would exclude any person under the age of 21.

A theater or other establishment which presents material in the form of live shows, films or video tapes, viewed from an individual enclosure or private room for which a fee is charged and which is not open to the public generally, but excludes any person under the age of 21.

Any theater that customarily presents motion pictures, films, video tapes or slide shows, that are not open to the public generally, but excludes any person under the age of 21.

Any use or establishment constituting an adult book store/video store, adult drive-in theater, adult entertainment cabaret, adult massage establishment, adult motel/hotel, adult peep shows, adult theater, adult body painting studio, or adult model studio as defined herein.

A narrow service way or passage between properties or buildings.

Any mechanical contrivance used to provide games of chance, skill or pleasure, and where a fee is charged.

An outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.

Any mechanical contrivance used to transport an occupant or occupants over a short defined distance or course for thrill or pleasure, and where a fee is charged.

A device which transmits and/or receives radio frequencies, telecommunications signals or electromagnetic waves.

See "dwelling, apartment house."

See "indoor amusement facility."

Any structure serving as a roof-like cover or shelter, attached to an exterior wall of any commercial establishment.

See "tavern."

A home occupation in an existing one-family dwelling operated by the permanent resident(s) of the dwelling who are also on site and sleeping overnight within the residence while providing short-term overnight lodging to transient guests, and which offers an on-site breakfast meal served to such guests, bot no other meals.

The place where a vessel lies when at anchor or at a wharf.

The aggregate of lots and alleys, circumscribed by streets.

A place, site or structure to facilitate the ingress or egress of a watercraft into or onto a body of water.

A place, site or structure used to park or house a watercraft for 30 consecutive days or more.

See "structure."

A two-dimensional plan area of a building or structure which results when the height dimension is removed and which shows an aerial view of said building or structure, including garages, sheds, porches, eaves, covered breezeways, entryways and other similar attached appurtenances.

The vertical distance measured from the lowest point of the existing grade, prior to site disturbance, within five feet of any primary building footprint, to the uppermost portion of the structure.

The point from which all yard requirements are measured and which is determined by a line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of a building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface.

A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade, which does not alter relief of the roof.

A solar energy system that is affixed to the roof or side(s) of a building or other structure, either directly or by means of support structures or other mounting devices. Solar energy systems constructed over a parking lot are considered building-mounted solar energy systems.

A single parcel of land which has been planned or improved for the placement of recreational vehicles and/or tents for transient use.

A permanent shelter, lit in whole or in part, which is constructed with a rigid frame that cannot be retracted, folded or collapsed and the primary function of which is to cover and protect users of the accessory uses and structures on a site.

The construction or reconstruction or clearing, excavating, grading, filling, draining or conducting of physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or the moving of a structure upon a lot.

A place where artists, artisans, craftsman and other skilled tradespeople produce custom-made art or craft products, including but not limited to baskets, cabinets, ceramics, clothing, flower arrangements, jewelry, metal work, musical instruments, paintings, pottery, sculpture, toys and weaving.

A facility which is not a dwelling unit in which care is provided on a regular basis to three or more people for more than three hours per day per person as defined in 18 NYCRR 418.

A dwelling unit which is a personal residence and occupied as a family residence which provides day care on a regular basis for more than three hours a day to three people to six people, as defined in 18 NYCRR 417.

The Department of Environmental Conservation of the State of New York.

Any parcel of property or lot or combination of contiguous lots which are in common ownership, or which are in diverse ownership where development is to occur in common. For the purposes of this chapter, contiguous lands shall include those separated by a public highway.

A wharf or portion of a wharf extending along the shoreline and generally connected to the uplands throughout its length.

Any berthing or mooring space for boats, excluding the sale of gas, retail trade, boat service, marine equipment sales and service, boat and water-based recreation equipment rentals and overnight mooring.

An establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their vehicles.

One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household, which shall not be less than 500 square feet. There shall be a minimum of 60 square feet of habitable area, excluding kitchens, bathrooms and hallways, provided for sleeping accommodations for each person.

A single building on a single parcel of land consisting of four or more dwelling units, excluding time-share dwellings.

A single building on a single parcel of land consisting of three dwelling units, excluding time-share dwellings.

A detached building (not including a mobile home) of one or more stories in height, above main grade level, which is designed or used exclusively as living quarters for one family or household, and having a contiguous masonry foundation which shall not be of pier-type supports, porches excepted.

A recreation or vacation property where transient users visit for a specified period each year.

A one-family dwelling in a row of 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 common fire-resistant walls.

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household, which shall be not be located on the ground floor of any building.

The construction, alteration or maintenance by public facilities or governmental agencies of gas, electrical, steam or water transmission or distribution systems.

The sum of all gross horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed and uncovered porches, unenclosed and covered porches, courtyards, or patios shall not be considered as part of the gross area except where they are utilized for commercial purposes, such as the outdoor sale of merchandise.

The amount of light that is produced by a candle at the distance of one foot. A footcandle is also the equivalent of one lumen per square foot.

A building used for the preparation and display of the deceased, and ceremonies connected therewith, before burial or cremation.

A building, accessory to dwellings, used exclusively for the parking or temporary storage of motor vehicles, boats and trailers.

A main or accessory enclosed building with doors, other than a private garage, used for parking or temporary storage of motor vehicles, boats and trailers.

A solar energy system that is affixed to the ground either directly or by support structures or other mounting devices and that is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered ground-mounted solar energy systems for the purposes of this chapter.

Area in a structure for living, sleeping, eating or cooking. Maintenance or utility space, parking garages and similar areas are not considered habitable space.

An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas and showers, and lockers.

See "building height."

An occupation or profession carried on within a dwelling unit or an accessory structure that meets the dwelling unit setbacks, and which is clearly incidental to the use of the dwelling unit for residential purposes and does not change the character thereof. Home occupation uses include but are not limited to mail order businesses, brokerage businesses, attorneys, craft workshops and those professions licensed by the New York State Education Department, with the exception of pharmacists and pharmacy establishments.

A lodging facility offering accommodations to the general public, including buildings designed as tourist courts, overnight cabins, housekeeping units/cottages and similar facilities, and providing additional customary uses such as, but not limited to, restaurants, meeting rooms, playgrounds, game rooms, snack bars and recreational facilities or activities used primarily for patrons, including tennis courts, swimming or bathing, golf or convention facilities, excluding water-based motorized vehicles.

An indoor area or structure, or portion thereof, open to the public that contains four or more coin-operated games and/or similar entertainment and amusement devices.

A commercial facility, resembling in character traditional residential construction, providing lodging and meals which is characterized by common dining facilities and a common leisure room available for use by lodgers and the general public.

A public institution with a building containing printed and pictorial material for public use for purposes of study and reference.

An unobstructed, hard-surfaced area, no part of which is located in any street or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.

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

The amount of a lot, stated in terms of percentage, which is covered by all buildings, and/or structures located thereon. This shall be deemed to include all buildings, roofed porches, arbors, breezeways, patio roofs, whether open box types and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, unroofed decks or patios or swimming pools. Lot coverage shall be measured from the edge of the roof or from the wall or foundation if there is no projecting portion of the roof.

The mean horizontal distance between the side lot lines measured at the building line.

A waterfront facility offering two or more berths or moorings for boats not registered to the property owner, his family or renter of any dwelling unit, on the same lot and includes one or more of the following: the sale of marine products and services, including gas and oil, dry storage, repairs, new and used boat sales and services, boat rentals or charters, and other water-based recreational services.

Any self-contained dwelling unit, not including travel-trailers, that is designed to be transported to its site on its own wheels or those of another vehicle, may contain the same water supply, kitchen facilities and plumbing, sewage disposal and electric system as immobile housing, and is designed to be used exclusively for residential purposes or any structure so marked as a "mobile home or structure" by New York State. (A modular home or other dwelling unit that is constructed in two or more main sections and transported to and permanently assembled on site is not considered a "mobile home.") The term "mobile home" shall not include any self-propelled recreational vehicle.

A parcel or parcels of land under single ownership, or continuous privately owned parcels, which are designed, improved or used for the accommodation of two or more mobile homes for a residential use.

Any anchor, chain, buoy, pennant or other object by which a vessel is secured at one point.

A privately owned wharf or mooring which is not used for commercial purposes.

Any building(s) or part thereof used primarily for the display of articles that are of either historical or cultural significance.

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

See "tavern."

A lot of record which does not comply with the area, shape, frontage, or locational provisions of this chapter for the district in which it is located.

A structure, including buildings, which does not satisfy the dimensional requirements of this chapter for the district in which it is located, but which was not in violation of applicable requirements when constructed.

Any use lawfully existing prior to or at the time of adoption or amendment of this chapter or any preceding zoning law or code, which use is not permitted by or does not conform to the permitted use provisions of this chapter for the district in which it is located.

That part of the lot area which is not occupied by buildings, structures, or off-street parking spaces or loading berths. Open space may include lawns, trees, shrubbery, garden areas and paved surfaces which are used as access drives but which are not used for vehicular parking of any kind.

Storage of any materials, merchandise, stock, supplies, machines and the like that are not kept in a structure having at least four walls and a roof, regardless of how long such materials are kept on the premises. "Outdoor storage" shall not include junk and salvage yards, auto wrecking yards or the like.

A lot designated with a tax map parcel ID number that is further identified by a metes and bounds description.

Any land consisting of one or two parking spaces accessory to a single-family semidetached, two-family or attached dwelling.

Any land area used or intended to be used for the temporary parking of three or more licensed vehicles or the portion of a vehicle sales operation utilized for the display of vehicles or customer parking.

Any individual, firm, partnership, club, trust, company, association, cooperative, corporation (including a government corporation), or Village, state or federal government and any agency thereof.

A wharf or portion of a wharf extending from the shoreline with water on both sides.

A long slender column usually of timber, steel or reinforced concrete driven into the ground vertically to support an open-type wharf.

A structure owned and/or used by a religious organization for worship, religious training, or education.

Construction or conversion of an existing use to be planned, developed, operated, advertised and maintained as a single entity, containing one or more structures to accommodate a commercial recreational facility. Said development may include commercial retail services, professional retail services, retail business general and retail business food which are incidental to the recreational use.

A building or structure in which is conducted the main or primary use of the lot on which said building or structure is located. Where more than one use is on a lot, the more intense use shall be considered the main or primary use.

An office or place to conduct licensed activities normally associated with their field for those engaged in a professional occupation, including, but not limited to, a physician, lawyer, architect, engineer, surveyor, licensed beautician or barber, real estate broker, insurance agent, accountant or planner.

Any land use or development activity proposed by an applicant which is subject to this chapter.

Any building, structure, facility or complex used by the general public, owned by any state, county, or municipal government agency or instrumentality, including but not limited to municipal offices and public parking facilities.

A recreation facility operated as a business and open to the public for a fee.

Any kind or description of watercraft propelled by a motor or engine.

A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

Any activity which alters or expands a previously developed structure.

A device for which the sole purpose is to increase the solar radiation received by a solar collector.

Any solar energy system that cumulatively on a lot meets all of the following provisions:

An establishment whose principal business is the sale of preprepared or rapidly prepared food/meals directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.

An establishment, excluding taverns, where food and drink are prepared, served and sold for on-premises consumption to patrons seated at tables.

The display and sale of products outside of a building or structure.

Establishments providing goods, merchandise or services to the general public, for a fee, such as, but not limited to, banks, educational services, repair shops, dry cleaners, laundromats, supermarkets and food stores.

Any building or part thereof which is designed, constructed and used for education or instruction in any branch of knowledge which includes public or private, elementary, secondary or vocational education.

The horizontal separation distance from the property line or, in the case of shoreline property, from the mean high-water mark, to the building line of the structure.

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or other representation, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity or product, which is located upon any land or on or in any building, in such manner as to attract attention from outside the premises. (Refer to Chapter 105, Signs, for additional definitions pertaining to signs.)

Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of a solar energy system on individual properties.

A solar or photovoltaic cell, plate, panel, film, array, reflector or other structure affixed to the ground, a building or other structure, that harnesses solar radiation to directly or indirectly generate thermal, chemical, electrical or other usable energy, or that reflects or concentrates solar radiation to a solar or photovoltaic cell, plate, panel, film, array, reflector or other structure that directly or indirectly generates thermal, chemical, electrical or other usable energy.

A complete system intended for the collection, inversion, storage and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structure, generators/turbines, water and energy storage and distribution systems, storage, maintenance and/or other accessory buildings, inverters, combiner boxes, meters, transformers and all other mechanical structures.

A device for the direct conversion of solar energy into electricity.

An authorization of a particular land use which is permitted, subject to requirements imposed herein to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.

A law adopted by the New York State Legislature as Article 8 of the Environmental Conservation Law and regulations adopted pursuant thereto. The purpose of SEQR is to incorporate the consideration of environmental factors into planning, review and decision-making processes of state, regional and local government agencies. SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.

See "accessory structure."

The portion of building between the surface of a floor and the next floor above or the ceilings next above under a roof.

Includes any permanent or intermittent watercourse.

That area within 100 feet of the high water mark of any stream or river or wetlands adjacent thereto protected and/or regulated by the New York State Department of Environmental Conservation.

A public or private thoroughfare which affords the principal means of access to abutting property.

The deeded right-of-way of any public street. Where no deed exists, the street line shall be determined as 1/2 of the right-of-way of the existing pavement or roadway.

A combination of materials to form an object constructed, installed, erected or permanently placed above or below the surface of the land or water.

A division of any land into two or more lots, parcels or sites, whether the new lots are adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person, including the conveyance of lands in common ownership which are divided only by a road or utility right-of-way. Creation of a condominium or townhouse project shall be considered a subdivision. This definition shall not apply to conveyances of small parcels of land to correct a boundary of a lot, so long as such conveyance does not create additional lots.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

An establishment used primarily for the serving of liquor by the drink to the general public and where food may be served or sold only as accessory to the principal use and where entertainment may be provided.

A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction of alteration of any permanent structure.

A building or part of a building devoted to showing motion pictures, or for dramatic musical or live performances, and which may include dinner theaters.

Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, designed and intended to supply energy principally into a utility grid for sale to the general public.

A grant of relief from the requirements of this chapter which permits construction of a use in a manner that would otherwise be prohibited by this chapter.

A self-service device that, upon insertion of a coin, paper currency, token, card or key, dispenses unit servings of food or beverages in bulk or in packages.

Every description of watercraft, other than seaplanes, used or capable of being used as a means of transportation on or below the water surface.

Village of Sylvan Beach.

Any lake, pond, river, stream, intermittent stream or wetland.

Includes, but is not limited to, tour boats, rental boats, personal watercraft, and parasailing.

Any structure built or maintained for the purpose of providing a berthing place for vessels.

An open, unoccupied space on the same lot with a building or structure.

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

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

An open, unoccupied space on the same lot with the principal building situated between the side line of the lot 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.