As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSIONThe removal of the surface of the land through the combined action of man's activities and the natural processes at a rate greater than would occur because of the natural process alone.
ACCESSORY BUILDING, USE OR STRUCTUREA building, use or structure which is customarily incidental to that of a principal building or use and which is located on the same lot as that occupied by the principal building or use.
AGRICULTURAL OPERATIONThe raising of crops, animals or animal products and limited forestry where the principal use is for commercial or profitable intent and any other commonly accepted agricultural purposes. Incidental mechanical processing and sale of products are included in the definition.
ALTER or ALTERATIONTo change or rearrange any exterior structural part of the existing facilities of a building or structure, by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an alteration if there is not expansion of exterior dimensions. For instance: replacement of windows, doors, siding, roofing, etc., as well as interior alterations, shall not be considered an alteration for the purposes of this chapter.
AREA (OF A SIGN)The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, as included within the definition of a sign, together with the frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. On signs with more than one face, only that face or faces visible from any one direction at one time will be counted.
AUTOMOBILE SERVICE STATION OR GASOLINE STATIONAny lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils, or lubricants, or for the polishing, greasing, washing, or servicing of motor vehicles.
BARAny building, structure, or portion thereof used as a commercial enterprise or business which involves the serving of alcoholic beverages to the general public for consumption on the premises.
BED-AND-BREAKFASTAn owner-occupied dwelling designed, used and occupied as a one-family or two-family dwelling, managed by the property’s owner and having as an accessory use bedroom accommodations and breakfast provisions, served in the host’s private dining room or kitchen, for those accommodated as paying guests, who are referred to for the purposes of this section as "registered guests."
[Added 4-11-2011 by L.L. No. 2-2011]
BLOCKThe length of a street between two street intersections.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or chattel. The term, unless specified, includes both principal and accessory buildings.
BUILDING AREAThe total area, taken on a horizontal plane at main grade level, consumed by the principal building and all accessory buildings, excluding chimneys, uncovered porches, patios, terraces, steps, and open areaways.
BUILDING LINEThe line formed by the face of the building/structure, or the attached part of the building/structure, nearest the lot line. This shall include measurement from such structures as chimneys, uncovered porches, patios, terraces, steps, open areaways, roof overhangs, cornices, eaves, and other similar protrusions.
BULK PLANT OR TERMINALThat portion of a property where liquids are received by tank vessel, pipelines, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.
CAR WASHA building, structure or facility which obtains commercial income from the washing, cleaning, or waxing of motor vehicles. Such a use may be the principal function of the building or land on which it is situated or an accessory use thereof.
CERTIFICATE OF COMPLIANCEA document issued by the proper municipal authority certifying that the structure or use has been constructed or will be used in compliance with all the applicable local laws.
CHANGE OF USEAny use that substantially differs from the previous use of a building or land. Uses covered under the same definition shall not be considered a change of use.
CLUBHOUSEA building to house a club or social organization not conducted for private profit and which is not adjunct to or operated by or in connection with a public tavern, cafe, or other public place.
CORNER LOTA lot fronting on two streets at their intersection.
DIVERSION TERRACEA channel or dike constructed upslope of a project for the purpose of diverting stormwater away from the unprotected slope.
DWELLINGA building designed or used exclusively as the living quarters for one or more families.
DWELLING, MULTIPLE-FAMILYA residence designed for, or occupied by, three or more families, with separate housekeeping and cooking facilities for each. Apartment houses are considered to be "multiple-family dwellings."
DWELLING, SINGLE-FAMILYA detached residence designed for or occupied by one family only. This does not include mobile homes.
DWELLING, TWO-FAMILYA residence designed for, or occupied by two families, with separate housekeeping and cooking facilities for each.
EARTHMOVING ACTIVITYAny construction or other activity which disturbs surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
EASEMENTA grant of one or more of the property rights by the owner to and/or for the use by the public, a corporation or another person or entity.
ENFORCEMENT OFFICERA person appointed by the Village Board to carry out the regulations of this chapter.
ERECTTo construct, build, re-erect, reconstruct, rebuild, or excavate for a building or structure.
EROSIONThe natural process by which the surface of the land is worn away by the action of water, wind or chemical action.
ESSENTIAL SERVICESErection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations, hydroelectric power plants and similar facilities.
EXCAVATIONA cavity formed by digging, quarrying, uncovering, displacing or relocating soil or rock.
FAMILYA person or persons related to each other by blood, marriage or adoption and/or not more than three individuals not so related, living together as a single housekeeping unit.
FENCESame definition as "wall."
FLOOR AREAThe total horizontal area of all floors of a building, excepting the basement and attic thereof, measured along the faces of the interior walls.
FLOOR AREA RATIOThe ratio of the usable floor area of a structure to the total area of the zoning lot.
FRONT YARDOpen and unoccupied space between the building line or front main wall of a building and the front property line. In all cases where the front property line cannot be established, half of the width of the street or road shall be added to the front yard requirement and the "front yard" shall be measured from the center of the street or road.
GARAGE, PRIVATEA building or enclosed space not available to the public that is used solely for the storage of automobiles, provided that no business, occupation or service is conducted for profit therein. Storage space is to be provided primarily for the residents of the premises; however, space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory.
GARAGE, PUBLICAny building or enclosed space available to the public for the storage, repair, rental, greasing, washing and servicing of motor vehicles.
GENERAL PLANA Comprehensive or Master Plan for the development of the Village, prepared by the Planning Board pursuant to § 7-722 of the Village Law.
GRADES, FINISHEDCompleted surfaces of ground, lawns, walks, paved areas and roads brought to finished (final) grade, as shown on plans relating thereto.
GROSS FLOOR AREA (GFA)The gross size of the total floor area of the outside dimensions of a building. These dimensions include the length, width and height of the facility.
HAZARDOUS MATERIALSAny substances, chemical wastes, or radioactive materials that could cause serious injury or disease during the storage, collection and disposal cycle, including but not limited to explosives, inflammables, poisons, solvents, acids, radioactive materials, byproducts of coal, coke, petroleum, natural gas, and dangerous chemicals or combinations of chemicals.
[Amended 3-1-2011 by L.L. No. 1-2011]
HEIGHT OF BUILDINGThe vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building exclusive of chimneys and similar fixtures.
HOME OCCUPATIONAny accessory use of a service character customarily conducted within a dwelling by the resident thereof which is clearly secondary to the use of the dwelling for living purposes and does not substantially change the character thereof or have any exterior evidence of such use other than an approved advertising sign and parking requirements associated therewith. Not more than two persons outside the immediate family shall be employed by the home occupation. Occupations such as physician, dentist, lawyer, insurance sales, beauty salon, musical instructor, and seamstress shall be deemed to be home occupation uses.
HOSPITALAn institution in which sick or injured persons are given medical or surgical treatment. It does not include an establishment for permanent occupation by the poor, convalescent or mentally ill.
HOTELA building which has a common entrance and general dining room and contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for short or extended periods of time.
IMPERVIOUS SURFACESSurfaces which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.
[Added 3-1-2011 by L.L. No. 1-2011]
INDUSTRIAL OPERATIONAny facility which assembles, fabricates, processes or packages products from raw materials which are hazardous materials as defined in this chapter or where the by-products and wastes from these processes are hazardous materials.
INDUSTRIAL WASTEThe liquid waste resulting from processes employed in industrial establishments and which is free of fecal matter.
INOPERATIVE MOTOR VEHICLEAny motor vehicle which is unregistered and inoperative for a period of six successive months or more.
INTERCEPTOR CHANNELA channel or dike constructed across a slope for the purpose of intercepting stormwater, reducing the velocity of flow and diverting it to outlets where it may be deposited.
JUNKYARDAny place, structure, lot or parcel of land where junk, rags, scrap metal, waste, discards, or salvaged or any similar materials are bought, sold, exchanged, baled, packed, collected, stored, disassembled or handled, including but not limited to auto wrecking yards and used lumberyards, or where there is undertaken the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
KENNELLand or building used as a commercial business for the harboring of five or more dogs and/or cats.
LANDSCAPINGImprovements to land including but not limited to the contouring of land, planting of flowers, shrubs, or trees, the use of decorative features, including sculptures, patterned walks, fountains and ponds.
LAND USE ACTIVITYAny construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or a structure. "Land use activity" shall explicitly include but shall not be limited to the following: new structures, expansions to existing structures, new uses, changes in or expansions to existing uses, streets, driveways and excavations for the purpose of extracting soil or mineral deposits.
LARGE-PRODUCT RETAIL AND SERVICESIncludes sales and service for new and used automobiles, trucks, mobile homes, boats, and farm implements, auctioneers where auctions take place on site, retail tree nurseries and garden shops, furniture and large appliance sales and large restaurants.
LOTA parcel of land used or occupied, or capable of being used or occupied, by a building or structure and the accessory buildings, structures or uses customarily incidental to it, including such yards as are required by this chapter.
LOT AREATotal area within the lot lines, excluding any part thereof lying within the boundaries of a public street or proposed public street.
LOT, CORNERA parcel of land at the junction of and bounded by two or more intersecting streets.
LOT DEPTHA mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINEAny line dividing one lot from another or from the street or waterway.
LOT LINE, FRONTThe lot line adjoining any street/highway center line. If a lot adjoins two or more streets or highways, it shall be deemed to have a front lot line, respectively, on each.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the front building line.
MANUFACTURED BUILDINGA building which has the following characteristics: It is:
(1) Mass-produced in a factory.
(2) Designed and constructed for transportation to a site for installation and use when connected to required utilities.
(3) Either an independent, individual building or a module for combination with other elements to form a building on the site.
MEDICAL FACILITIESAny building, portion of a building or use thereof which is used in the diagnosis and/or treatment of medical ailments.
MOBILE HOMEManufactured housing built on a chassis. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.
MOBILE HOME PARKLand on which two or more mobile homes are parked and occupied for living purposes.
MOBILE HOME SITEA parcel of land in a mobile home park which is equipped with the necessary utilities and improvement for the erection thereon of a single mobile home.
MOTELA building or group of buildings not more than two stories in height having direct and convenient access to a main traveled road, intended or designed to provide a series of sleeping units for the accommodation of automobile transients. Each sleeping unit shall consist minimally of a bedroom and a bathroom and shall provide convenient access to a parking space for the unit's occupants.
NEIGHBORHOOD GROCERY STOREA building used for retail grocery sales. Gross floor area of retail portion shall not include more than 500 square feet. Such use may include over-the-counter sales of alcoholic beverages for consumption outside the premises, but may not include sale of gasoline, kerosene or diesel fuel.
NONCONFORMING STRUCTUREA use of land which is not in conformity with the requirements and provisions of this chapter at the time of enactment thereof.
NURSING HOMEA structure where persons are lodged and furnished with meals and nursing care for commercial purposes. This shall not include homes for the mentally handicapped, drug or alcohol rehabilitation patients, etc.
OFFICES AND BUSINESS SERVICESInclude administrative and business offices, professional offices and services, securities and financial brokerage services, banks and savings-and-loan offices, but not currency exchanges.
OPEN PORCHA porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either permanent or detachable glass sash.
OUTDOOR STORAGEThe keeping, in an unroofed area, of materials associated with the principal commercial or industrial use permitted on the lot.
PARKING SPACEThe area required for parking one automobile, which shall not be less than 10 feet wide and 20 feet long and shall not include passageways and driveways giving access thereto.
PERMITTED USEAny use permitted under the provisions of the district in which the land, building, or structure is located.
PERSONAny individual, group of individuals, partnership, firm, corporation, association, or other legal entity.
POOL, SWIMMINGA structure or facility constructed to hold water at least three feet deep and used by either private or public parties for recreational purposes.
PORTABLE SIGNAny sign which by its design is able to be and is commonly moved from place to place.
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which such building is located.
PRINCIPAL USEThe main or principal purpose for which any land, building, or structure is used or occupied.
PROFESSIONAL OFFICEOffices which offer professional or consulting services, such as medical, legal, engineering, architectural, and similar services.
PUBLIC ASSEMBLY USEIncludes an auditorium, theater, public hall, school hall, meeting hall, church, and temple.
PUBLIC GARAGEAny lot or building or portion thereof operated for commercial gain which involves the storage, repair, rental, servicing, adjusting, or equipping of automobiles or other motor vehicles.
PUBLIC UTILITIES FACILITYA privately or publicly owned structure or facility that serves the general public or some of the public. Such facilities shall include but not be limited to sewage treatment plants, water supply facilities, power-generating and distribution facility, radio transmitting centers, telephone operating centers, etc.
REAR YARDAn open space on the same lot with a building, between the rear wall of the building and the rear line of the lot unoccupied except for parking spaces and for accessory buildings, including, among others, either attached or detached garages and open porches, which in the aggregate shall occupy not more than 30% of the area. In the case of a corner lot, the owner may designate any interior lot line as the rear lot line.
RECREATIONAL VEHICLEIncludes a motor home, a truck camper or camping trailer less than 48 feet in length and/or 720 square feet of interior floor space and used for recreational purposes.
RECREATION FACILITY, PUBLIC OR PRIVATEA municipally or privately owned (for commercial purposes) and operated swimming pool, open space, tennis court, athletic field, or similar facility for recreational use.
RETAIL AND SERVICESIncludes barber/beauty shops, key makers, shoe repair, gas stations and auto repair, restaurants, taverns, radio and television sales and service, coin-operated laundries and dry cleaning, walk-in medical and ambulatory emergency services, medical and dental clinics and surgical centers, plumbing and heating sales and service, drugstores, florists, toy stores, book stores, currency exchanges, clothing and soft goods stores, sewing and small appliance stores, variety stores and discount stores and similar uses.
ROAD LINEThe right-of-way line of a road as dedicated by a deed of record. Where the width of a road is not established, the road line shall be considered to be 25 feet from the center line of the road pavement.
SCHOOLIncludes parochial, private, public and nursery school, college, university and accessory uses; and shall exclude commercially operated school of beauty culture, business, dancing, driving, music and similar establishments.
SEDIMENTSoils or other surficial materials transported by surface water as a product of erosion.
SEDIMENTATIONThe process by which sediment is deposited on stream bottoms.
SETBACKThe distance between a lot line and a building line. The term is used to refer to front, side or rear distances.
SHOPPING CENTERSFacilities providing retail and services, large-product retail and services or offices and business services in excess of 25,000 square feet gross leasable area.
SIDE YARDAn open, unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front to the rear yard, which space shall be unoccupied from the ground to the sky except for driveways, parking space, and/or landscaping and into which there is no extension of building parts other than eaves with an overhang of not more than four feet, rainwater leaders, windowsills and other such fixtures, open steps, and bay windows not more than 12 feet wide at one floor level only and for a distance not to exceed two feet.
SIGNAny structure or natural object or part thereof or device or inscription located upon, attached thereto or painted or represented on any land or on the outside of any building or structure or part thereof or affixed to the glass of a window so as to be seen from the outside of a building which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, words, numerals, emblems, symbols, models, banner, flags, pennants, insignia, trademarks, devices or representation used as or which is in the nature of an announcement, direction, advertisement, attention-arrester, warning or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, industry, or public performance. "Sign" shall include any letter, word, model, banner, pennant, insignia, trade flag, or other device or representation used as or which is in the nature of an advertisement announcement or direction, but excluding any public traffic or directional signs.
SITE PLAN REVIEWThe process by which the Planning Board reviews those uses stated in this chapter that require site plan review.
SPECIAL USE PERMITA permit for special uses which must be approved by the Planning Board, granting permission to the Enforcement Officer to issue a zoning permit.
STABILIZATIONThe proper placing, grading and/or covering of soil, rock or earth to ensure their resistance to erosion, sliding or other movement.
STOREEnclosed space used for the display and sale of merchandise or sale of service to the general public. Space used for a cigar or newspaper stand and similar uses in a public lobby or similar location is not deemed to be a store.
STREETA thoroughfare for motor vehicles which affords the primary means of access to private property.
STREET RIGHT-OF-WAY LINEThe dividing line between a lot and a road. Where there is no established street right-of-way line, the street right-of-way line shall be considered to be 25 feet from the center of the road.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term includes dwelling units, buildings, swimming pools, platforms, towers, billboards, satellite dish antennae, signs, fences, and walls.
STRUCTURE, ACCESSORYAny structure designed to accommodate an accessory use but detached from the principal structure, such as a freestanding garage for vehicles accessory to the principal use, a storage shed, garden house or similar facility.
TOURIST HOMEHas the same definition as "bed-and-breakfast."
[Added 4-11-2011 by L.L. No. 2-2011]
TRAVEL TRAILERA portable vehicular structure built on a chassis designed to be used as a temporary dwelling for travel, recreation or vacation uses. Its body design shall not exceed eight feet in width, or when attached to its carrier vehicle, the combination shall not exceed 55 feet in length. The absence of any of the following equipment will characterize a travel trailer from a mobile home: plumbing, heating, electrical, cooking and refrigeration.
TRAVEL TRAILER PARKA parcel of land which has been planned or improved for the placement of travel trailers and/or tents for transient use, consisting of three or more travel trailer sites.
TRAVEL TRAILER SITEA parcel of land within a travel trailer park which has been equipped with the necessary utilities and improvements for the temporary placement thereon of a single travel trailer or tent.
USEThe specific purpose of which any land, building or structure is used, designed, arranged, intended, or occupied.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
VETERINARY SERVICESA building or portion thereof or use which is principally used in the treatment and convalescence of ailing animals. Such a facility may also be used to board animals. It is usually staffed by a trained veterinarian and/or other professionals/workers.
WALLA structure of wood, stone or other materials or combination thereof intended for defense, security, screening, partitioning, or enclosure; or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A fence shall be considered a wall.
WAREHOUSEIncludes warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.
ZONING BOARD OF APPEALSA Board appointed by the Village Board whose principal duties are to consider requests for variances from this Zoning Chapter.
ZONING ENFORCEMENT OFFICERAn individual designated by the Village Board to represent it in particular matters pertaining to this chapter.
ZONING PERMITA permit issued under this chapter allowing the establishment of a new use or the construction, placement or alteration of a building or structure.