The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abattoir means an establishment where animals are butchered; a slaughterhouse.

Accessory building shall be defined as a building originally constructed for use as an accessory building for the storage of materials and equipment, accessory to a primary use located on the same parcel. For purposes of this code, cargo/shipping containers, railroad cars, truck vans, converted mobile/manufactured homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures, originally built for purposes other than the storage of goods and materials, are not accessory buildings.

Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot with the principal use.

Administrative officer means the town officer designated by the town board to administer and enforce this chapter, and his deputies and assistants appointed by the town board.

Adult means a person who has attained the age of eighteen (18) years.

Adult bookstore means an establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult cabaret means an establishment devoted to adult entertainment, either with or without a liquor license, presenting material whether live, mechanical, electronic, or by other technological means, distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical areas, including cabarets that feature topless dancers, nude dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

Adult entertainment business means an adult bookstore, an adult mini motion picture theater, an adult motion picture arcade, an adult motion picture theater, or an adult cabaret.

Adult mini motion picture theater means an enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture theater means an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Animal grooming establishment shall mean a business where the activity is the cosmetic care of dogs or cats, consisting of bathing, hair and nail clipping/cutting and other superficial non-medical care. Animals are allowed to remain onsite for not more than five (5) hours in any 24-hour period.

Building or structure means a structure having a roof supported by columns or walls.

Building, front line of and side line of means the line of that face of the building nearest the front line of the lot or the side of the lot. This face includes bay windows, roofs, overhangs or projections, covered porches whether enclosed or unenclosed, or any projections thereof, which are over fifty (50) square feet in area.

Building, principal means a building in which the principal use of the lot, on which it is located, is conducted.

Buildings, unit group means two (2) or more main buildings on any one (1) zoning lot, such as a church, hospital, institution, school or residential group of structures.

Commercial harboring means, with reference to dogs, the boarding or raising of dogs with the intent of selling the dogs, charging a fee or ultimately receiving monetary remuneration for the boarding or raising.

Commercial training and care of dogs means the training, care and grooming of dogs for commercial purposes.

Common elements includes, with reference to a condominium, the following, unless otherwise provided in a declaration filed pursuant to section 339-e of the Real Property Law:

(1)

The land on which the building is located.

(2)

The foundations, columns, girders, beams, supports, main walls, roofs, walls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exits of the building.

(3)

The basements, cellars, yards, gardens, recreational or community facilities, parking areas and storage spaces.

(4)

The premises for the lodging or use of janitors and other persons employed for the operation of the property.

(5)

Central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating.

(6)

The elevators, escalators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use.

(7)

Such facilities as may be designated as common elements in the declaration.

(8)

All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.

Condominium means a form of ownership by which a person holds title in fee simple absolute to a unit of residential property and, in addition, an interest in common elements associated with the building in which the unit of residential property is located.

Container, storage shall include containers originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; and/or originally designed for or capable of being moved by rail, truck or ship, or by means of being mounted on a chassis or similar transport device.

Coverage means the percentage of the plot or lot area covered by the building area.

dB(A) means the sound level in decibels determined by the A-weighting of a sound level meter meeting ANSI S 1.4, 1971 "Specifications for Sound Level Meters."

Decibel means a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

Development permit means a building permit and/or permit for the grading, filling, excavating and development of a lot or any structure.

Dog boarding establishment shall mean a business where the business or portion thereof is boarding dogs.

Dog kennel means a structure used for the commercial harboring of more than three (3) dogs that are more than six (6) months old.

Dwelling, multiple means a building containing three (3) or more dwelling units.

Dwelling, one-family means a building containing one (1) dwelling unit.

Dwelling, two-family means a building containing two (2) dwelling units.

Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one (1) family.

Electrical distribution substation means a place, with or without a building, where equipment is assembled and designated to receive energy from a high-voltage distribution supply system, so as to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults.

Family means:

(1)

Any number of persons occupying a single dwelling unit, related by blood, marriage or legal adoption, living and cooking together as a single housekeeping unit.

(2)

Any number of persons occupying a single dwelling unit, not exceeding five (5) adults living and cooking together as a single housekeeping unit where all were not related by blood, marriage or legal adoption.

(3)

Notwithstanding the provisions of subsection (2) of this definition, a group of unrelated persons numbering more than five (5) shall be considered a "family: upon a determination by the zoning board of appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in subsection (1) herein. This presumption may be rebutted and the non-related individuals may be considered the functional equivalent of a "family" for the purposes of this article by the zoning board of appeals if such group of individuals exhibits one (1) or more characteristics consistent with the purposes of zoning restrictions in residential districts.

(4)

In determining whether a group of more than five (5) unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided for in subsection (3) of this definition, the zoning board of appeals shall utilize the standards enumerated in subsection (1) in making said determination. Before making a determination under this subsection, the zoning board of appeals shall hold a public hearing, after public notice. Said application shall be on a form provided by the zoning board of appeals accompanied by the required fee.

(5)

In making a determination under subsection (4), the zoning board of appeals shall find that:

a.

The group is one which in theory, size, appearance and structure resembles a traditional "family" unit.

b.

The group is one which will live and cook together as a single housekeeping unit.

c.

The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient.

d.

In no case shall a dwelling be occupied by more than two (2) adults to a conventional bedroom.

e.

All other requirements of this local law regarding the use and occupancy of dwelling units shall be complied with.

f.

Any determination under this subsection shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity.

g.

In making any such determination, the board of appeals may impose such conditions and safeguards as the board of appeals shall deem necessary or advisable in order to maintain the stability and character of the neighborhood and protect the public health, safety and welfare, including but not limited to ingress, egress, lighting, off-street parking and screening.

(6)

Persons occupying group quarters such as a dormitory, fraternity or sorority house or a seminary shall not be considered a "family".

(7)

Occupancy by two (2) or more illegal aliens shall be prescriptive evidence of a violation of this section.

Farm means any parcel of land which is used for the raising of agricultural products or the keeping of poultry, fowl, livestock or other domestic animals, including necessary farm structures and the storage for farm equipment.

Grade, mean finished means the average grade level of the ground measured at the front wall of the building.

Gross floor area means all habitable space as measured on exterior walls of a building.

Home occupation means any use customarily conducted entirely within a dwelling and carried on only by residents thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, if no external evidence of such occupation and limited to one-half the gross floor area of one (1) floor of the principal structure.

Hospital shall include buildings and structures that provide for the medical, surgical, obstetrical or psychiatric treatment of care recipients who are incapable of self-preservation as follows:

(1)

On a twenty-four (24) hour basis

(2)

For more than five (5) persons

(3)

Including detoxification facilities

(4)

Not included are licensed medical practitioner offices, out-patient and/or walk-in care facilities, nursing or convalescent homes or other clinics, medical or dental.

Incapable of self-preservation means persons who, because of age, physical limitations, mental limitations, chemical dependency or medical treatment, cannot respond as an individual to an emergency situation.

Junkyard means the storage of junk, rags, scrap paper, salvage automobile parts, used building material and similar uses.

Lawn and/or landscape area shall be the lawn and such area consisting of existing or native trees, lawn, properly maintained vegetation, shrubs and/or new plantings in sufficient quantity, type and size as determined by the town planning board, or in the case of a special permit, the town board, consistent with any standards provided herein.

Living area means that area comprised of the enclosed, year-round occupied living accommodations within a residence, exclusive of basements, garages, open porches, screened porches, patios and awning overhangs.

Loading space means an off-street space, area or berth with an appropriate means of access to the street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise or materials.

Lot means a parcel of land occupied or capable of being occupied by a building and accessory buildings and/or uses, including such open spaces as are required by chapter law.

Lot area means the total horizontal area included within the lot lines.

Lot, corner means a lot situated at the intersection of two (2) or more public streets or public highways.

Lot depth means the mean horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

Lot line, front means the lot line which abuts on a public street or a public highway. On a corner lot, the front lot line is the lot line abutting a public street or highway designated by the owner as the front lot line.

Lot width means the mean horizontal distance measured at right angles to its depth between side lines.

Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built 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 and constructed in accordance with Department of Housing Urban Development Manufactured Home Constructions and Safety Standards, 24 CFR.

Mobile home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use.

Modular home means a dwelling, constructed in one (1) or more parts on a site other than the site of erection and conveyed to the site of erection in one (1) or more parts, which is assembled at the site of erection and placed on a permanent foundation which meets all of the requirements of the New York State Uniform Fire Prevention and Building Code and all other requirements for dwellings in RA-1 and RA-2 one-and two-family residential districts, and which was not designed by the manufacturer with the intent of it being moved from place to place.

Nonconforming building means a building or structure, or portion thereof, lawfully existing on the effective date of this chapter or subsequent amendment hereto, which does not completely conform to the provisions applicable in the district in which it is located.

Nonconforming use means a use of land or of a building, or portion thereof, lawfully existing on the effective date of this chapter or subsequent amendment hereto, which does not completely conform to the uses permitted in the district in which it is located.

Noxious matter means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals.

Nursing home include facilities that provide care, including both intermediate care facilities and skilled nursing facilities where any of the persons are incapable of self-preservation.

(1)

Does not include a "hospital."

Occupied includes the status of being designated, intended or arranged for occupancy.

Parking space, off-street means an off-street space, area or berth with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

Particulate matter means material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

Performance standard means a criterion established to control noise; odor; smoke; toxic, noxious or particulate matter; vibration; fire and explosive hazards; and glare or heat generated by or inherent in uses of land or buildings.

Plot includes the word "lot."

Public utility structure means a building, structure or lot used for or in connection with the transmission, distribution or regulation of water, gas, electric, telephone or other public utility service by a municipal corporation or by a corporation subject to regulation by a state and/or federal regulatory agency.

Quarry, sandpit, gravel pit, topsoil stripping means a lot, plot or portion thereof used for the purpose of extracting stone, sand, gravel and/or topsoil for sale, exclusive of the process of excavation and grading a lot preparatory to the construction of a building.

Residential office district is a district created to encourage the preservation of residential structures currently existing in the town, but with a limited expansion of the types of uses which can be conducted in such structures. Specifically, this district is designed to allow limited uses in existing residential structures in areas where critical buffers with established neighborhoods and residents must be maintained.

Ringelmann Chart means the chart that is described in the United State Bureau of Mines Information Circular No. 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

Ringelmann number means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.

Sea boxes are a manufactured container, similar in appearance to a tractor type trailer which in design were not constructed with wheels, and were designed as a container vessel to be transported by a truck, tractor, railroad car, ship, boat barge, jet or airplane.

Setback means the distance in feet from the lot lines to the principal or accessory buildings required to be maintained free from improvement or use other than to promote the aesthetic qualities of the property or for ingress or egress thereto.

Sexual conduct includes the following:

(1)

The fondling or other touching of human genitals, pubic region, buttocks or female breasts.

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy.

(3)

Masturbation.

Shopping plaza means a parcel of not less than ten (10) acres used for commercial purposes and having buildings used for commercial purposes of not less than eighty thousand (80,000) square feet.

Sound level meter means an instrument standardized by the American Standards Association for measurement of intensity of sound calibrated in decibels.

Specified anatomical areas includes human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

Story, half means a story under the gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite interior walls are not more than two (2) feet above the floor of such.

Subdivision or subdivide means the division of any parcel of land into four (4) or more lots, plots or sites or other division of land for immediate or future sale or for building development or a lesser number of lots if a new street is created.

Townhouse means a building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit, which unit may be separately owned.

Tractor trailer type trailers shall be any size of trailer either open or enclosed originally designed as a transport vehicle to be hauled by a truck or tractor.

Trailer means a travel or recreational trailer.

Trailer, recreational means any of the following:

(1)

Recreational travel trailer. A recreational travel trailer is a vehicular, movable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation and licensed by the state.

(2)

Recreational pickup coach. A recreational pickup coach is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation or vacation.

(3)

Recreational motor home. A recreational mobile home is a movable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of the self-propelled vehicle.

(4)

Recreational camping trailer. A recreational camping trailer is a canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

Trailer park, recreational means any site, lot, field or tract of ground upon which two (2) or more trailers are placed other than for sales or storage purposes; shall include any building, structure, tent, vehicle or enclosure used or intended to be used as a part of the equipment of such park. A trailer park is intended to serve transients utilizing a travel or recreational trailer.

Transitional buffer strip shall be the undeveloped lot area, lawn area or landscaped area of a parcel or lot which is not zoned RA-1, RA-2, RC or RR that adjoins a parcel or lot with such a zoning designation or which is actually being used for residential purposes. These buffer strips shall consist of existing or native trees, lawn, properly maintained vegetation, shrubs and/or new plantings in sufficient quantity, type and size as determined by the town planning board, or in the case of a special permit, the town board, consistent with any standards provided herein, to be necessary to effectively preserve a separation from any adjoining residential district or property.

Transitional neighborhood district is a district allowed to create additional non-residential uses where preservation and protection of adjacent or surrounding residential areas is a factor but where existing development or topographic features allows for the promotion of additional non-residential uses without adversely impacting the general residential character of the area.

Undeveloped lot area shall be the portion of a lot or parcel that is not occupied or covered by buildings, paved area or areas utilized for parking, driveways or driving lanes.

Unit of residential property or residential unit means, with reference to a condominium, a part of the property intended for any type of residential use, and with an exit to a public street or highway or to a common element or elements leading to a public street or highway. The term may include an appurtenance such as a garage and other parking space, storage room, balcony, terrace and patio.

Vehicle is any auto, car, truck, van, motorcycle, recreational trailer, motor home, boat, snowmobile, all-terrain vehicle, tractor or semi-trailer, etc., whether or not the vehicle is self-propelled.

Vehicle service and repair means any activity, whether or not conducted for profit, engaged in repairing, washing, waxing, detailing, storing, painting or servicing vehicles, or selling and installing or inserting into any vehicle any fuel, lubricant, part or accessory. Such activity shall not constitute a vehicle service and repair if conducted solely on vehicles belonging to the persons owning or having an interest in the parcel of land and shall not include activity related to solely installing navigational, theft, sound or stereo and similar non-mechanical equipment.

Vehicle service station means a lot and/or structure used for vehicle service.

Warehousing means a building or shelter or a part of one, in which merchandise, possessions, apparatus, stock, supplies, goods and similar, or parts of these, are only stored for any number of purposes including personal storage, wholesale goods storage, retail goods storage or other manner. This shall include self-storage units. Incidental, accessory storage for non-warehouse business, is not warehousing as described.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

Yard, rear means a yard extending across the full width of a lot and lying between a rear lot line of the lot and the nearest line of the principal building.

Yard, side means a yard between a side lot line of a lot and the nearest line of the principal building and extending from the front yard to the rear yard.

(Code 1966, §§ 44-II-1, 44-II-2, 44-IV-4(K), 44-XI-11(A), 44-XI-13, 44-XI-14; L.L. No. 4 of 1996, § 1; L.L. No. 3 of 1997, §§ 1, 2; L.L. No. 7 of 1997, § 1; L.L. No. 10 of 2000, § 1; L.L. No. 1 of 2003, § 1; L.L. No. 3 of 2011, § 1; L.L. No. 5 of 2016, §§ 9, 10; L.L. No. 2(A) of 2018)

Cross reference— Definitions and rules of construction generally, § 1, 2.

This chapter has been established in order to encourage the most appropriate use of land, conserve the value of property, and promote the health, safety, morals and general welfare of the community; to regulate the location, use and occupancy of buildings and the use of land for trade, industry, residence and other uses; to regulate and limit the height and bulk of buildings and other structures; to regulate and determine the area of yards and other open spaces; to regulate the density of population and for such purpose, to divide the town into districts; to provide for its enforcement and administration; and to prescribe penalties for the violation of its provisions.

(Code 1966, § 44-I-1)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter, including all amendments thereto, to interfere with or abrogate or annul easements, covenants or other agreements between parties; provided, however, that where this chapter, including all amendments thereto, imposes a greater restriction upon heights of buildings or requires larger open spaces than are required by other laws, regulations, rules or permits, or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Code 1966, § 44-XIX-1)

Except as otherwise provided in this chapter:

(1)

No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered except in conformity with the provisions of this chapter for the district in which it is located.

(2)

Any parcel of land with an area or a width of less than that prescribed for a lot in the district in which such lot is situated, which at the time of adoption of this chapter was under one (1) ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district without obtaining a variance from the zoning board of appeals, provided that all other regulations prescribed for the district by this chapter shall be complied with. It is the intent of this chapter that improvements constructed in violation of preexisting zoning ordinances or zoning local laws shall still be in violation of this chapter unless improvements conform in all respects to this chapter.

(Code 1966, § 44-III-4)

(a)

A violation of this chapter is an offense, punishable by a fine not exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six (6) months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five (5) years, punishable by a fine not less than three hundred fifty dollars ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed six (6) months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five (5) years, punishable by a fine not less than seven hundred dollars ($700.00) nor more than one thousand dollars (1,000.00) or imprisonment for a period not to exceed six (6) months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of this chapter, the proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure, or land or to prevent any illegal act, conduct, business or use in or about the premises. Upon the failure or refusal of the proper local officer, board or body of the town to institute any such appropriate action or proceeding for a period of ten (10) days after written request by a resident taxpayer of the town so to proceed, any three (3) taxpayers of the town residing in the district wherein the violation exists, who are jointly or severally aggrieved by the violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the town is authorized to do.

(Code 1966, § 44-XVIII-1)

State Law reference— Similar provisions, Town Law, § 268.