[Amended 1-14-2013 by L.L. No. 1-2013; 12-19-2022 by L.L. No. 5-2022]
As used in this chapter, the following terms shall have the meanings as indicated:
ACCESSORYThe term applied to a building, structure or use which is clearly incidental or subordinate to and customarily in connection with the principal building, structure or use. Any accessory building or structure attached to a principal building or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. No building, structure or use shall be considered accessory where such building, structure or use requires a greater area of a lot or for which greater restrictions apply than for the principal building, structure or use on the lot area imposed by this chapter.
ACCESSORY SIGNAny sign related to a business, service or profession conducted upon the premises where such sign is located.
ACCESSORY WALKWAYSA sidewalk or pathway affixed to the land, not more than two inches in height measured from grade level, and not more than 48 inches in width.
ACCREDITED ZONING LOTA. A residential lot located entirely within R-1 and/or R-2, RA or CX Districts, which, by documentary evidence acceptable to the Village or its designated employee, is shown to be prior to and continuously since October 11, 1952, in single, separate and distinct ownership from all abutting land and which has a minimum lot width of 40 feet and a minimum lot area of 4,000 square feet.
B. Such lot may be used for a single-family detached dwelling, provided that such use shall comply with all other regulations except frontage and lot area for the district in which such lot is located.
ADJOININGPhysically touching or bordering upon or sharing a major portion of a common property line.
ANIMAL HOSPITAL or VETERINARY CLINICA facility for the care and treatment of animals by licensed doctors of veterinary medicine. This does not include animal kennels, shelters and/or similar facilities.
APARTMENTA dwelling unit generally located above commercial or retail uses. The structures which are commonly known as "apartment houses" are now defined as "multiple-family dwellings."
AREA, GROSS LANDThe measure of land in a horizontal plane, uncorrected or adjusted for legal encumbrances, surface conditions or slope.
ATTICThat portion of a building immediately below the roof and wholly or partly within the roof framing, between the roof and the net finished floor or floor/ceiling beams below.
AUTOMOBILE SALES LOTAn area or facility where two or more motor vehicles in operating condition are offered or displayed for sale, lease or rental.
AWNINGA nonpermanent roof-like structure, regardless of materials or composition projecting from and supported by a building.
BALCONYA platform projecting from and attached at least to one wall of a building, above the first floor level enclosed on all unattached sides by guard rails or other low walls and not accessible by any staircase.
BASEMENTThat portion of a building which is partly underground, but which has at least 50% of its interior height, measured from floor to ceiling at the front of the building, above the average finished grade of the ground adjoining the building.
BEDROOMA habitable space within a dwelling or dwelling unit, primarily used as sleeping quarters, in excess of 80 square feet, other than dining room, bathroom, hallway, kitchen or cellar.
BILLBOARDA sign which directs attention to a business, commodity, service, entertainment or attraction, which is generally conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed.
BLOCKThat property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, park or boundary.
BLOOD RELATIVEAny family member of the following group: parent, child, grandparent or grandchild.
BOARDERA person, unrelated to the owner or tenant of a premises, occupying, on a transient basis, at least a single room in a dwelling without individual kitchen facilities.
BUFFERSee "screen or screening."
BUILDINGAny completed permanent structure or extension thereof or addition thereto, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING AREAThe aggregate of the maximum horizontal area of the building and accessory buildings on a lot.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BULK, NONCOMPLYINGThat part of a building, structure or nonbuilding use which does not conform to one or more of the applicable bulk requirements of this chapter and the Building Code.
CANOPYA roof-like cover, regardless of materials or composition, projecting from a building (but not supported by the building), totally supported vertically by means of pillars, poles, columns or posts, and is to be construed as a permanent structure.
CANTILEVERA projecting beam or member, supported on at least one end and which supports a usable living area (floor, balcony, terrace, etc.), whether open or closed.
CARPORTAn open-sided roofed automobile shelter generally attached to the side of a building.
CELLARThat portion of a building which is partly (or wholly) underground but which has less than 50% of its interior height, measured from floor to ceiling, at its front or entrance above the average finished grade of the ground adjoining the building.
CERTIFICATE OF COMPLIANCEOfficial certification that a building or structure or part thereof or an open nonbuilding use conforms to the use requirements and other pertinent provisions of this chapter and may be used in conformity with law.
CERTIFICATE OF OCCUPANCYOfficial certification that a building or structure conforms to this chapter and the New York State Fire Prevention and Building Code and may be occupied.
CHANGE IN USEAny use which differs substantially or categorically from the previous use of a building, structure or nonbuilding use.
CLUBHOUSE or LODGEA building, completed structure, lot or land area, authorized by law to be used for the benefit or operation of a private or public organization, which shall be deemed to include community centers, fraternal organizations, meeting halls, service organizations and philanthropic and charitable organizations.
COMMERCIAL VEHICLEAny motor vehicle registered or defined as a commercial vehicle or livery vehicle by the Department of Motor Vehicles of New York State or County of Nassau and/or used in a trade or business.
COURTYARDAn opened or unroofed enclosure adjacent to or attached to a building; more specifically, a service area adjoining a multiple-family dwelling, hotel or commercial structure that may be used to supply required light and ventilation as required by code.
CURBLINEA place in the road where the actual curb exists or is intended to exist.
DANCE HALLAny room, hall, building or portion of a building in which dancing is the principal use and to which the public may gain admission with or without payment of a fee.
DECKA platform projecting from and generally attached to a building or other structure and to the ground below not less than eight inches in height measured from the ground to the top of the platform and which may be protected on all unattached sides by guard rails or other low walls.
DISH-TYPE ANTENNAAn electromagnetic device which can convert an electromagnetic wave transmitted from a satellite into either visual or audible signals, or both, for television viewing.
DISTRICT, MORE RESTRICTIVE OR LESS RESTRICTIVEIn the following list, each district and the uses it allows shall be deemed to be more restrictive than the districts following it and each district and the uses it allows shall be deemed to be less restrictive than the districts preceding it: PK, P, SC, R-2, R-1, R-A, CX, C-1, C-2, C-3.
DRIVEWAYA paved area or hardened surface leading from a public road to a garage or legal parking space.
DROP AWNINGA covering attached to a building which may be retractable, used to protect pedestrians or outdoor areas from the elements.
DUMPSTERA heavy metal container with a cover having a capacity of nine cubic feet or more, with or without wheels, used to contain nontoxic waste temporarily while awaiting pickup or transport to disposal site.
DWELLINGA building containing one or more dwelling units which is designed, used or occupied for residential purposes.
DWELLING GROUPA group of two or more single-family, two-family or multiple-family dwellings occupying a lot in one ownership, having any yard in common.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, having no enclosed habitable space (other than vestibules, entrances or other hallways or porches) cooking or sanitary facilities in common with any other dwelling unit. A house trailer, boarding or rooming house, convalescent home, dormitory, fraternity house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit or units.
DWELLING, MULTIPLE-FAMILYA. A building or building group each containing three or more dwelling units, including but not limited to townhouses, condominiums, cooperatives and garden apartments.
B. A single-family dwelling with more than two boarders; or
C. A two-family dwelling with more than one boarder.
DWELLING, SINGLE-FAMILYA detached dwelling containing one dwelling unit, located on its own lot, which is separated from other dwellings by open space.
DWELLING, SINGLE-FAMILY ATTACHEDA dwelling which comprises one dwelling unit for one family which is attached or connected on each side to another dwelling unit for one family at the common property lines by means of a party wall, with each dwelling unit on its own lot.
DWELLING, SINGLE-FAMILY SEMIATTACHEDA dwelling unit which comprises one dwelling unit for one family and which is attached or connected to another dwelling unit for one family at the common property line by means of a party wall and which is separated from any other dwelling by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines with each dwelling unit on its own lot.
DWELLING, TWO-FAMILYA detached dwelling containing two dwelling units, located on its own lot, which is separated from other dwellings by open space.
DWELLING, TWO-FAMILY ATTACHEDA dwelling which comprises two dwelling units, each for one family and which is attached or connected on each side to another dwelling which comprises two dwelling units, each for one family, at the common property lines by means of a party wall, with each two-family dwelling on its own lot.
DWELLING, TWO-FAMILY SEMIATTACHEDA dwelling which comprises two dwelling units and which is attached or connected to another dwelling which comprises two dwelling units, each for one family, at the common property line, by means of a party wall and which is separated from any other dwelling by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines. Each two family dwelling must be on its own lot.
EFFECTIVE DATEWhenever reference is made in terms or substance to the "effective date of this chapter," it shall mean September 9, 1990.
ENTERTAINMENT, CABARET-TYPEAny act, play, show, review, pantomime, scene, song or dance, participated in by one or more employees, guests, customers or any other person or persons. Cabaret- type entertainment shall include the playing of records or tapes in conjunction with the foregoing. The sole playing of background music, jukeboxes, piano or recorded music does not constitute cabaret-type entertainment.
FAMILYOne or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants, or a number of persons, but not exceeding two, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a "family."
FENCEA barrier utilized for confinement, protection, separation or aesthetics. This definition does not include retaining walls, building walls or structural walls or cultivated or natural growth of shrubs and trees.
FENCE, OPENA fence being less than 1/2 solid per square foot.
FENCE, SOLIDA fence being more than 1/2 solid per square foot.
FIELD CHANGEA change or adjustment to an approved site development plan, due to an undiscovered physical site condition or other previously unknown condition, that will not substantially alter the intent, layout or design of the approved plan.
FIRE LIMITSRegulations set forth in the Building Code requiring the use of fireproof or non-fireproof-type construction.
FLOOR AREA RATIOThis ratio expresses the relationship between the amount of habitable floor area permitted in a building and the area of the lot on which the building stands. The size (or bulk) of a building on a lot is determined by such floor area ratio assigned by this chapter to each CX or R District. It is intended to control the volume (cubic) of a main dwelling.
GAME CENTERA premises or portion thereof, used or intended to be used for the operation of more than three vending machines for amusement purposes accessory to a permitted principal use of the premises.
GAME ROOMA premises or portion thereof, used or intended to be used for the operation of not more than three vending machines for amusement purposes accessory to a permitted principal use of the premises.
GARAGEAn enclosed building or structure or part thereof intended for the storage or parking of vehicles.
GARAGE, COMMERCIAL STORAGEAn enclosed building or structure or part thereof, used solely for the parking and storage of commercial vehicles.
GARAGE, PRIVATEAn enclosed or partly enclosed building or structure, including a carport, detached or attached to the main building, designed or intended to be used as an accessory use for the parking and storage of noncommercial motor vehicles and with a height not exceeding 15 feet.
GARAGE, PUBLICA building or part thereof, other than a private garage or commercial storage garage, used for the storage and/or repair of motor vehicles for a fixed fee or charge or where any such vehicles are kept for hire.
GROSS FLOOR AREAA. The sum of the gross horizontal area of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party walls separating the two buildings, including:
(2) Attic space, whether or not a floor has been laid, with a permanent built-in stairway for which the available height is six feet eight inches or more measured from the finished floor level to the roofline above, except that such attic space under a sloping ceiling shall include the height which is not less than four feet above the finished floor level to a height of six feet eight inches or more above the finished floor level.
(3) Attached roofed porches/decks, breezeways and garages.
(4) Cellar space with more than six feet, eight inches in height as measured from the finished floor level to the finished ceiling surface above.
B. Gross floor area shall be deemed to exclude exterior terraces, unroofed porches/decks and crawl spaces.
C. In the case of commercial structures, regardless of the internal arrangement of said commercial structure or building, it shall be deemed to have at least one floor for each 15 feet of height or major fraction thereof, but shall not include interior loading berths.
HABITABLE FLOOR AREAThe gross aggregate area of all floors having a finished ceiling height of not less than seven feet measured from the finished floor to the finished ceiling surface, excluding cellars and rooms for heating equipment, garages, breezeways and unroofed porches. Habitable floor area under a sloping ceiling shall include such floor area for which the headroom is not less than five feet above the finished floor surface and then only if at least 50% of such floor area has a ceiling height of not less than seven feet and only if such floor that is located above another floor has access to the floor below by a permanent built-in staircase. This term and definition shall be limited solely to the purpose of computing minimum bulk requirements for residential uses and shall not be demanded to contradict or replace the terms "habitable space" or "uninhabitable space" as defined in the Building Code.
HEIGHT OF BUILDINGThe vertical distance measured from the average level of the established center-line grade of the street adjacent to the building lot measured at the front of the building to the highest level of a flat or mansard roof or to the average height of a pitched, gable, hip or gambrel roof.
HEIGHT OF STRUCTUREThe vertical distance measured from the average grade of the lot on which the structure is located to the highest point of the structure.
HOME OCCUPATIONAn accessory use of a personal-service character conducted entirely within the primary building of a dwelling, by the owner-resident thereof, which is incidental and secondary to the residential use of the dwelling, does not change the character thereof, and does not have any exterior evidence of such accessory use other than a permitted announcement sign. A home occupation does not include the outside storage of any commercial vehicles, construction equipment or materials. A home occupation does not include a kennel, barbershop, beauty parlor, pet groomer or boarding, photographer's home, funeral home or retail stores of any kind. A home occupation shall be limited to the lesser of 15% of the habitable floor area of the principal building or 750 square feet.
HOME PROFESSIONAL OFFICEPermissible home professional office uses include, but are not limited to, the following: clergymen, lawyers, physicians, dentists, architects, engineers and accountants. A home professional office area is limited to the lesser of 15% of the habitable floor area of the principal building or 750 square feet.
HOSPICEA facility existing solely for treatment and care of chronic and/or terminally ill patients.
HOSPITALA facility for the treatment and care of human ailments.
HOTELSA building or part of building in which:
A. Living or sleeping accommodations are used primarily for transient occupancy and may be rented on a daily basis.
B. One common entrance serves all such living or sleeping units.
C. Twenty-four-hour desk service is provided, in addition to one or more of the following services: maid, telephone or bellboy service or the furnishing or laundering of linens.
D. Permitted accessory uses include, but are not limited to, restaurants or other public dining facilities, bars or lounges, banquet halls, ballrooms, convention areas and meeting rooms. Such non-sleeping accessory uses will require certificates of occupancy separate from the hotel use certificate of occupancy.
E. No kitchen facilities (as defined herein) shall be permitted in any of the transient occupancy units.
JUNKYARDA. An area of land with or without buildings used for or occupied by the deposit, collection or storage of abandoned used or discarded refuse, material, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage or sale or other use or disposition of the same.
B. The deposit or storage on a lot of two or more unregistered, wrecked or broken-down vehicles or parts of two or more such vehicles for one week or more in any district shall be deemed to be a junkyard.
KENNELA place where dogs are bred or boarded for periods of more than two days, except for purposes relating to veterinary care.
KITCHEN FACILITYA room or area within a dwelling unit which contains one or more of the following cooking facilities: a conventional stove, oven, broiler, cooktop, range or combination thereof; a microwave oven, convection oven, hot plate, barbecue or any other permanent or portable cooking appliance.
LABORATORY AND RESEARCH FACILITYA facility wherein the principle use involves the experimentation, study, applied research, analysis, testing, design, production or development of substances, materials, products or scientific principles. Any such facilities which involve the use of highly hazardous, biological or chemical substances, drugs, explosives or any other materials which may be injurious to the health, safety and welfare of the community shall be prohibited in all districts in the Village.
LIGHTING DEVICEAny nonintermittent source of light, string or group of lights located or arranged to cast illumination on a sign, structure, lot area or which is used to attract the attention of the public to the premises.
LOADING SPACEAny off-street space designated for the loading or unloading of goods, not less than 15 feet wide, 25 feet long and 14 feet high, and having direct usable access to a street, alley or parking area except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
LOTA portion or plot of land which is separate and distinct as to ownership from any abutting land.
LOT AREAThe total horizontal area included within lot lines.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured completely within the lot and in the general direction of the side lot lines or perpendicular to the front lot line.
LOT FRONTAGEThe narrower boundary line of a lot abutting a street, regardless of the location of the principal entrance of a building thereon, measured completely within the lot along the shortest straight line and abutting the front lot line at one or more points. Curvilinear or irregular front lot lines shall not be measured along the arc or irregular front lot line.
LOT LINE, FRONTThe lot line which abuts or runs along the street line. In the case of a lot situated to the rear of another lot and which has no lot line abutting a street, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front setback.
LOT LINE, REARThe lot line generally opposite and parallel to the street line, measured on a straight line completely within the lot. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line generally parallel to the street line not less than 10 feet long lying farthest from the front lot line, measured completely within the lot for the purpose of establishing the rear lot line.
LOT LINE, SIDEThe lot line which separates or divides two abutting parcels and which is not a rear or front line as defined by this chapter.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets, when the interior angle of intersection does not exceed 135°.
LOT, THROUGHAn interior lot having frontages on two streets.
LOT, WIDTHThe distance measured along a straight line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement and measured completely within the lot.
LOT, ZONINGA lot which conforms to the minimum lot area and frontage regulations imposed by the district in which such lot is located.
MANUFACTURING, LIGHTThe process or operation of making, assembling, packaging or processing materials, articles or products by hand or by machines, provided that said process does not create excessive dirt, noise, traffic, fumes or other noxious characteristics normally associated with heavy manufacturing. Light manufacturing uses shall not employ more than 10 persons and no one machine shall exceed 10 horsepower, nor shall any combination of machines exceed 25 horsepower in the aggregate.
MARQUEEA permanent cantilever-roof-type structure supported solely from a building, used as a covering over an entrance.
MEDICAL CLINICA facility used for the diagnosis and treatment of all ailments for humans on an outpatient basis. A drug treatment facility or sanitarium is not to be deemed a medical clinic.
MIXED-USE BUILDINGA building that has a nonresidential use on the first floor limited to retail use, business office use, professional use or restaurant and a residential use on all floors above the first floor.
MOTELA building or group of detached, semidetached or attached buildings containing guest rooms or dwelling units, each of which or each pair of which has a separate entrance leading directly from the outside of the building with garage or parking space conveniently located to each unit and which is designed, used or intended to be primarily used or intended to be used primarily for the accommodation of motor vehicle transients. Motels do not include hotels, boardinghouses or trailer camps.
MOTHER-DAUGHTER RESIDENCEA separate and second dwelling unit within a detached single-family dwelling, altered to include an additional kitchen facility and bedroom(s) for the sole use by a blood relative of the fee owner of said single-family dwelling and which must contain at least one unobstructed passageway between the main dwelling unit and the mother-daughter dwelling unit. The fee owner must reside in one of the two such dwelling units.
MOTOR VEHICLEAny device intended for operation on a street or highway, in, upon or by which any person or property is or may be transported, capable of self-propulsion by use of its own generated or stored power.
MOTOR VEHICLE DEALERSHIPA business which offers for sale, lease or rental, new and/or used vehicles that are stored and/or displayed at the property. A separate special use permit shall be required for that portion of the dealership which relates to service and repair.
MOTOR VEHICLE MAINTENANCE AND REPAIR FACILITYThis title is intended to apply to the following uses:
A. GASOLINE STATIONFacility on which the principal activity is the storage for retail sale and dispensing of gasoline and diesel fuel oil, the retail sale of canned motor oil, transmission, brake and steering fluids, antifreeze, dry gas, windshield wipers and windshield wash. All other automotive accessories intended for retail sale in connection with the gasoline station use shall be specifically set forth and listed on the application for the special use permit.
B. AUTOMOTIVE ACCESSORY INSTALLATION FACILITYFacility at which the principal activity is the installation of after-purchase automotive accessories, which shall include but shall not be limited to radios, stereos, alarms, conversation items, restorations and other similar additions to a motor vehicle.
C. LIMITED AUTOMOTIVE REPAIR AND MAINTENANCE FACILITYFacility on which the principal activity is the minor and routine repair and maintenance of motor vehicles (not including heavy equipment motor vehicles) within an enclosed building, including the retail sale and servicing of tires, batteries, mufflers, brakes, transmission replacement, electrical service, oil change and lubrication services. All other limited minor repair services shall be specifically set forth on the special use permit application. No outside storage of unregistered motor vehicles is permitted. Outside storage of registered motor vehicles is permitted for a period not to exceed 72 hours and only if such vehicles are on the premises for repair.
D. MAJOR AUTOMOTIVE REPAIR AND MAINTENANCE FACILITYA facility on which the principal activities include all those performed at a limited automotive repair and maintenance facility but also includes within an enclosed building all other replacement, repair or rebuilding to the drive-train or chassis of all motor vehicles, including heavy equipment vehicles, but shall exclude motor vehicle body and collision repair and motor vehicle painting.
E. AUTO BODY REPAIR, COLLISION AND PAINTING FACILITYA facility on which the principal activities include, within an enclosed building, all those mechanical repairs and activities performed at a major automotive repair facility and shall also include all motor vehicle, body and collision repair and painting within an enclosed structure.
NONCONFORMING BUILDINGA structure lawfully existing at the effective date of this chapter, or any amendment thereto, affecting such structure or lawfully existing prior to October 11, 1952, which does not comply with the bulk requirements of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING LOTAny lot or plot of land lawfully existing at the effective date of this chapter, or any amendment thereto, affecting such lot or plot of land or lawfully existing prior to October 11, 1952, which does not comply with the bulk requirements of this chapter for the use or uses permitted within such lot or plot of land for the district in which such lot or plot of land is situated.
NONCONFORMING USEAny use of a building or structure, lot or land or part thereof, lawfully existing at the effective date of this chapter, or any amendments thereto, affecting such use or lawfully existing prior to October 11, 1952, which does not conform to the use requirements of this chapter for the district in which it is located.
NURSERY SCHOOLAny school accredited by the Education Department of the State of New York or permitted under the Social Service Law of the State of New York, designated to provide daytime care or instruction for two or more children from two to six years of age, inclusive, operated at least five days per week and seven months per year.
NURSING OR CONVALESCENT HOMEA facility existing solely for the nursing care of convalescing patients or persons unable to care for themselves properly.
OFFICIAL MAPSAny map or maps, including any references to more detailed maps, surveys or studies, as may be created and/or adopted and established by the Village Board.
OPEN SPACEThat part of a zoning lot including courts or yards which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying dwelling units on the zoning lot. Open space is computed as the square feet gross floor area of the footprint of a main dwelling, including any cantilevered gross floor area, subtracted from the square feet of total lot area. Area occupied by accessory buildings and structures, stoops, stairways, ramps, open porches, chimneys and similar appurtenances and the like are deemed open space for purposes of this definition. This control applies only to residential developments to ensure adequate open space in a neighborhood.
OPEN SPACE RATIOThis ratio is expressed by the percentage of total habitable floor area of a building that must be provided as open space on a residential zoning lot. (For example, in a district with an open space ratio of 20%, the amount of open space required on the lot would be 20% of the total floor area of the building).
PARKING FACILITY, ACCESSORYA building or other structure or a tract of land designed or intended to be used as an accessory use for the parking of commercial or noncommercial motor vehicles, which contains more than one parking space and has access to the street common to all spaces. An accessory parking facility may include but is not limited to the following:
A. A lined or striped open parking area.
B. Driveways and aisle spaces.
C. A building or structure used primarily for parking, including a group or individual garages.
PARKING FACILITY, PUBLICAny building or structure other than one owned or maintained by the Village, which is used for parking or storage of noncommercial registered motor vehicles, upon payment of a fee, whether or not such use is an accessory use.
PARKING FACILITY, STORAGEAny building or structure, other than a public parking facility or public garage or other than one owned or maintained by the Village, designed or intended to be used as an accessory use, solely for the parking or storage of noncommercial and commercial motor vehicles.
PARKING SPACEThe designated area for the parking of one motor vehicle. All parking shall be at or below grade.
PARKING SPACE, OFF-STREETAn open or enclosed surfaced area, not located on a public or private street or roadway, designed for the transient use of one automobile subject to the regulations prescribed by this chapter. All parking shall be at or below grade.
PATIOA platform generally attached to a building or other structure as well as to the ground, not more than eight inches in height measured from the ground to the top of the platform.
PLACE OF WORSHIPA building, structure or open area intended primarily for the conduct of organized or regularly scheduled religious services. No more than two dwelling units for staff members may be included within a place of worship.
PORTICOA porch or walkway with a roof supported by columns, often leading to the entrance of a building.
PRINCIPAL USEThe primary or predominant use for which a lot, building or portion of a building is used.
PUBLIC ASSEMBLY SPACEA room, assembly hall or area which is occupied by 50 or more persons and is used for educational, recreational, political, religious, civic, fraternal or amusement purposes or other places of similar-type occupancy.
RESOURCE RECOVERY FACILITIESA building used for the separation, extraction and recovery of usable materials, energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities.
RESTAURANTAn establishment that serves and sells food and/or beverages to the ultimate consumer for on-premises or on- and off-premises consumption. Exceptions:
A. A building or portion of a building used for restaurant purposes with an occupant load less than 50 persons shall be classified as Group B occupancy.
B. A room or space used for restaurant with an occupational load of less than 50 persons and accessory to occupancy shall be classified as Group B occupancy.
C. A room or space used for restaurant that is less than 750 square feet is area and is accessory to occupancy shall be classified as Group B occupancy.
ROADWAYA public or private thoroughfare, the width of which is measured between curblines, commonly traveled by motor vehicles.
SCHOOL OF GENERAL INSTRUCTIONAny public or private, elementary or junior high school, high school, college, university or postgraduate school offering courses in general instruction.
SCREEN or SCREENINGA. An area along a lot line or zoning district line or land use, densely planted (or having equivalent natural growth) with shrubs or trees or other vegetation that will form a year-round dense screen adequate to restrict vision through or over the area, free of signs, driveways, parking areas, structures, dumpsters, vehicles or similar obstructions;
B. An opaque wall or barrier or fence; or
C. Any other islands, barriers, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strip or marker of any kind, wherever located on the site, conditioned or required in any building permit, certificate of occupancy, site development plan, subdivision approval, variance, zone change, special permit or other requirement of any board, agency, commission or official of the Village pursuant to this chapter.
SENIOR CITIZENAny individual who has attained the age of at least 65 years.
SENIOR CITIZEN HOUSING DEVELOPMENTA residential development designed exclusively to accommodate senior citizens consisting of a multiple-family dwelling or dwelling group which qualifies to be constructed with the assistance of mortgage financing or other financial assistance of a state or federal governmental agency and is constructed and maintained on a nonprofit basis by an organization or its wholly-owned subsidiary incorporated pursuant to the provisions of the
Private Housing Finance Law of the State of New York.
SETBACKThe minimum required distance between a principal building or occupancy, structure or use and a property line of the lot.
SETBACK, FRONTThe minimum required distance between the principal or accessory building, structure or use and the front lot line.
SETBACK, REARThe minimum required distance between the principal or accessory building, structure or use and the rear lot line.
SETBACK, SIDEThe minimum required distance between the principal or accessory building, structure or use and any lot line other than the front or rear lot lines.
SHOPPING CENTERA structure or structures and customary parking and loading areas providing for a variety of retail/commercial establishments managed as a unit and which may have the following characteristics:
A. A unified architectural treatment and identifiable theme relating each of the commercial establishments within.
B. A common interrelated parking and site circulation system with consolidated access to public roads.
C. Individual establishments oriented to pedestrian traffic.
D. Common amenities provided to patrons apart from the commercial establishments, such as benches, site decoration and landscaping, rest rooms and the like.
E. Common spaces which are available for public assemblage, special events and local notices.
SIGNAny surface or device containing a display, the purpose of which is to bring the subject thereof to the attention of the public through the communication of a visual message.
SIGN, COMMERCIAL FREESTANDINGA sign which is located upon the same lot as the business it represents and which is suspended from or attached to and supported by one or more columns, uprights or braces embedded in the ground and in which neither the sign nor the supports thereof are attached to or are dependent on any building or structure for support or bracing. Freestanding signs within a shopping center must only reflect the names of the establishments located within said center.
SIGN, FLASHINGAny illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use or any sign in which elements are free to move or are caused to move by mechanical means.
SIGN, ILLUMINATEDA sign which is illuminated by an artificial source of light to make the message more discernible and shall include interior and exterior signs.
SIGN, INTERIORAny sign located within a building or structure and visible from outside.
SIGN, ROOFAny sign located on or above the roof of a building. Such signs are prohibited in the Village.
SIGN, SURFACE-MOUNTEDAny sign directly mounted on the exterior facade of a building or structure not including the roof area.
SOLID WASTEAll putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and discarded automobiles. Solid waste does not include sewage and other highly diluted water-carried materials or substances and those in gaseous form.
SOLID WASTE MANAGEMENTThe purposeful and systematic transportation, storage, processing, recovery and disposal of solid waste.
SOLID WASTE MANAGEMENT FACILITYAny facility employed beyond the initial solid waste collection process, including, but not limited to, transfer stations, bailing facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities.
SPECIAL USEA use which involves and is subject to certain regulations of this chapter which the Board of Appeals is permitted to authorize in specific instances listed in this chapter, under the terms, procedures and conditions prescribed herein.
STORYThat portion of a building exclusive of cellars but inclusive of basements and penthouses, included between the surface of any finished floor and the surface of the top of the floor beams next above it or if there are no floor beams above it, then the space between the finished floor and the roof beams next above it. However, in any case, each 10 feet of residential building height and each 15 feet of commercial building height shall be deemed a story in the absence of floor beams.
STORY, HALFA. That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
B. In the absence of floor beams above a finished floor, that portion of a building, excluding cellars, between the finished floor and the roof beams and which measures less than 10 feet in height in a residential building and less than 15 feet in height in a commercial building. In any case, any portion of a building, excluding cellars, which does not meet the requirements of a full story, as herein defined, shall be deemed a half story.
STREETA public or private thoroughfare duly placed on the official map of the Village, the width of which is measured as the distance between property lines and/or right of way lines.
STREET LINEA dividing line between a lot, tract or parcel of land and a contiguous street. For the purposes of this chapter, a street line and a right-of-way line are the same.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure or such an extensive change to a building, either inside or outside, or both, as to constitute, in the opinion of the Superintendent, a substantial change in or renovation of the building.
STRUCTUREAny combination of building materials forming any construction assembled or erected on, above or below the ground attached to something having location on, above or below the ground, including but not limited to buildings, fences, tanks, towers, swimming pools, sheds, decks, patios, poles and antennas.
SWIMMING CLUBA recreational club with swimming facilities operated for members and their guests, whether or not operated for gain.
SWIMMING POOLA. IN-GROUND POOLA permanent swimming pool or structure containing water greater than 18 inches in depth, intended for wading, bathing or swimming purposes, constructed or installed at and below property grade and made of concrete, masonry, metal or other impervious material. Outdoor and in-ground spas, Jacuzzi or whirlpool baths having the foregoing characteristics shall require a pool permit and shall be subject to regulations applicable to inground pools.
B. ABOVEGROUND POOLA permanent or portable swimming pool or structure containing water greater than 18 inches in depth intended for wading, bathing or swimming purposes, constructed or installed with at least 50% of the height of the pool walls at and above property grade and made predominantly of rubber, vinyl, fiberglass or other impervious material. Outdoor and aboveground spas, Jacuzzi or whirlpool baths having the foregoing characteristics shall require a pool permit and shall be subject to regulations applicable to aboveground pools.
TRADE STORAGE YARDA building or area of land where a person, firm or corporation engaged in business or a related field stores materials, equipment and supplies used exclusively in business.
TRAILERA. A vehicle, including but not limited to a mobile home, which can be used as habitation for one or more persons or for business, commercial or office purposes. The term "trailer" shall include such vehicles mounted on temporary or permanent foundations, with or without the wheels removed.
B. Trailer use is to be limited to situations which involve temporary on-site construction and/or temporary replacement of residence (due to catastrophic destruction of a dwelling).
USEThe specific purpose for which land or a building is used or occupied or maintained.
USE, ACCESSORYA. A use conducted on the same lot as the principal use to which it is related (whether located within the same building or an accessory building or other structure or as an accessory use of land), except that where specifically provided in the applicable district regulations, accessory off-street parking need not be located on the same lot; and
B. A use which is clearly incidental to and is customarily found in connection with such principal use and has the same or less restrictive underlying district as the principal use.
USE, BUSINESS OFFICEA use in which a particular kind of business is transacted or service supplied which does not involve actual on-site manufacture of goods or direct sale of goods, commodities or services to the ultimate consumer.
USE, PERSONAL SERVICEA use which involves the conduct or performance of work or labor commanded or paid for by another for the personal benefit of another but does not deal in the sale or production of tangible commodities. Such uses shall include but shall not be limited to shoe repair, dry cleaners, beauty shops and barbershops, carpet cleaners, seamstresses and tailors.
USE, PROFESSIONALA use in which a professional person practices or conducts such profession, but does not apply to home professional occupations.
USE, RESIDENTIALA use which is characterized by dwelling units in which persons maintain their place of abode and carry on their primary family and housekeeping life-styles.
USE, RETAILA use which primarily deals directly in the sale of goods.
USE, WAREHOUSEA facility used for storage or transfer of goods in bulk.
USE, WHOLESALEA use which involves the resale of goods and which does not involve the direct sale of goods to the ultimate consumer.
VARIANCEAdministrative relief granted by the Board of Zoning Appeals pursuant to power vested by this chapter from the literal import and strict application of the zoning regulations as set forth in this chapter.
VENDING MACHINESAny mechanical device or structure or part thereof which may be operated by use or deposit of money, including bills and coins, tokens or electronic access cards, which dispenses food, drink, merchandise, products or commodities of whatever nature or description or which furnishes services or provides entertainment. This definition shall not include gas, electric, water meters, washing and drying machines, telephone or municipally operated parking meters.
YARD, FRONTAn open space extending along the full length of the front lot line to the front of the building or structure between the side lot lines.
YARD, REARAn area situated along the rear lot line to the building or structure and extending the full width of the lot area to the side lines of the lot.
YARD, REQUIREDOpen and unobstructed ground area extending inward from a lot line, the distance of which is specified in the requirements for the district in which the lot is located.
YARD, SIDEAn open space extending along a side lot line to the building or structure from the front lot line to the rear lot line.