For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
ACCESSORY USE OR STRUCTURESA use or structure customarily incidental and subordinate to the principal use or building and (except as otherwise provided) located on the same lot with such principal use or building.
ADULT BOOKSTOREAn establishment or business having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals and/or films for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business containing a segment or section devoted to the sale or display of such material.
[Added 10-20-1980]
ADULT ENTERTAINMENT CABARETA public or private establishment or business which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
[Added 10-20-1980]
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building or portion of a building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Added 10-20-1980]
ADULT MOTION-PICTURE THEATERAn enclosed building or portion of a building having a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
[Added 10-20-1980]
ADULT USEAny establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters and adult entertainment cabarets.
[Added 10-20-1980]
ALTERATIONAny change, rearrangement or addition to, or any relocation of, a building or structure; any modification in construction or equipment.
ATTICAny area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.
BASEMENTThat portion of a building that is partly below grade and which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property, but not a trailer.
BUILDING, COMPLETELY ENCLOSEDA building separated on all sides from the adjacent open area or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by window or normal entrances or exit doors.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs, to the deck line of mansard (a roof with a double pitch on all sides) roofs and to the mean height between eaves and ridge of gable, hip or gambrel roofs. For the purpose of determining maximum permitted height for principal buildings, such measurement shall be made from the average finished grade at the front setback. For the purpose of side yard or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard.
CELLARThat portion of a building that is partly or entirely below grade and which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building.
COIN-OPERATED VENDING MACHINESAny vending machine which, upon the insertion of a coin, token, plate or disc or key into any slot, crevice or other opening, or by the payment of any price, may be operated by the public generally for the dispensing of food, drink, confections, candies, goods, wares or merchandise or any other tangible property or for the rendering of any service for profit or gain, except that public telephone booths or installations designed for public telephone use shall not be included.
[Added 7-12-1971]
DAY-CARE CENTER and/or DAY NURSERYA place for the care only, of five or more children away from their own residence who stay for a period of three or more but less than 24 hours during any day irrespective of compensation, reward or otherwise.
[Added 2-2-1976]
DISSEMINATIONThe transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
[Added 10-20-1980]
DRIVEWAYA vehicle access from a public way to a principle or accessory building. For the purposes of a side yard setback, it shall be considered an accessory structure.
[Added 11-28-2011 by L.L. No. 6-2011]
DWELLINGA building used as the living quarters for one or more families, but not including a building of mixed occupancy.
A. SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
B. TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two one-family dwellings having a party wall in common.
C. MULTIFAMILY DWELLINGA building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING GROUPA group of two or more dwellings located on the same lot and having any yard or open space in common.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
ENLARGEMENTAn increase in floor area of an existing building, or an increase in the area of land use for an existing open use.
EXTENSIONAn increase in the amount of existing floor area used for an existing use in an existing building.
FAMILYOne or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this chapter as an accessory use.
FENCEA tangible barrier, railing, upright structure, or obstruction of any material, or a line of obstacles above the surface of the ground, interposed along a line between two portions of land with the purpose or intent or having the effect of preventing passage of view across the fence line or otherwise to mark a boundary, control access, or prevent escape. A fence may include hedges and walls. A fence shall be a minimum of 18 inches in height.
[Added 8-17-1987; amended 11-28-2011 by L.L. No. 6-2011; 10-2-2024 by L.L. No. 10-2024]
GARAGE, PRIVATEAn accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupant's of the premises and which may include space for not more than one passenger vehicle used by others.
GASOLINE SERVICE STATIONAny area of land, including structures thereon, that is used primarily for the sale of gasoline or other motor vehicle fuel; accessory uses may include the sale of oil, other lubricating substances or motor vehicle accessories, or facilities for lubricating, washing, the incidental replacement of parts or for motor service to passenger automobiles or trucks not exceeding one and one-half (1 1/2) tons rated capacity, but shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, or collision service, body repair, frame straightening, painting, undercoating, vehicle steam cleaning or upholstering.
HOME OCCUPATIONAn accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.
[Amended 8-17-1987]
HOTELA building containing sleeping rooms and in which lodging is provided primarily for transient guests for compensation and which may include public dining facilities.
JUNK BUSINESSThe maintenance of a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled or abandoned, but not including pawnshops, antique shops, establishments for the sale, purchase or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured.
KENNELA building and/or area for the purpose of boarding for compensation more than three dogs that are more than four months old.
[Amended 11-1-2021 by L.L. No. 7-2021]
LIVABLE FLOOR AREAThe area of floors of a dwelling, excluding basements not designed for human occupancy, cellars, garages, breezeways, unenclosed or unheated porches and attics. It shall include only such floor area under a sloping roof for which the headroom is not less than five feet, provided that at least 65% of such floor area has a ceiling height of at least seven feet; that if any such floor area is situated above another story, it has access to the floor below by a permanent built-in stairway; and that it meets the requirements of the Building Code for light and ventilation. Measurements of "livable floor area" shall be made from exterior faces of exterior walls or from center lines of party walls.
LOTA parcel of land occupied or capable of being occupied by a principal building or use or a group of principal buildings or uses that are united by a common interest, including customary accessory buildings or uses and such open spaces as are required in connection with such buildings or uses. A "lot" may or may not be a lot of record.
A. CORNER LOTA "lot" at the junction of and fronting on two or more intersecting streets.
C. THROUGH LOTA "lot" in which the front lot line and rear lot line abut a street.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding a lot. Where a lot abuts on a street or is partly contained in a street, the "lot line" shall be deemed to be a line drawn parallel to the center line of the street and 30 feet distant therefrom measured at right angles thereto, but the actual street line shall be construed as the "lot line" if such street line is established and lies at a greater distance than 30 feet from the center of such street.
A. FRONT LOT LINEWhere a lot abuts upon only one street, the lot line along such street shall be the "front lot line." Where a lot abuts upon more than one street, the assessment roll of the municipality shall determine the "front lot line."
B. REAR LOT LINEAny lot line which is opposite and more or less parallel with the front lot line. In the case of a lot which comes to a point at the rear, the "rear lot line" shall be an imaginary line 10 feet in length, entirely within the lot, parallel to and most distant from the front lot line.
C. SIDE LOT LINEAny lot line which is not a front lot line or a rear lot line.
LOT WIDTHThe least horizontal distance across the lot between side lot lines, measured at the front setback of a main building erected or to be erected on such lot or at a distance from the front lot line equal to the required depth of the front yard.
MIXED OCCUPANCYOccupancy of a building in part as the living quarters for one or more families and in part for some other use not accessory thereto. For the purpose of determining off-street parking requirements, that part of such building used as living quarters shall be considered as dwellings.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges, auto courts and similar appellations.
NONCONFORMING USEAny lawful building or structure or any lawful use of land, premises, building or structure which does not conform to the regulations of this chapter for the district in which such building, structure or use is located either on the effective date of this chapter or as a result of subsequent amendments hereto.
PUBLIC GARAGE or REPAIR GARAGEAny garage, other than a private garage or gasoline service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
REPAIRReplacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
RESERVOIR SPACEA temporary storage space, exclusive of street area or required parking spaces, for a vehicle waiting for service or admission.
SETBACKThe least horizontal distance from any existing or proposed building or structure to the nearest point in an indicated lot line or street line.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as an integrated operating entity, consisting of two or more buildings with a total of not less than 50,000 square feet gross floor area, including all customarily related and ancillary uses, such as on-site parking, restaurant and automotive accessory service area, excluding automotive body, frame, engine or transmission repair, gasoline storage and sales.
[Added 5-9-1994]
SIGNAny structure or part thereof or any device attached to, painted on or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A "sign" shall not include a similar structure or device located within a building, except for illuminated "signs" within show windows. A "sign" includes any billboard, but does not include the flag, pennant or insignia of any nation or association of nations, or of any state, city or other political unit, or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ADVERTISING or BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.
SIGN, FLASHINGA moving or animated sign or any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity or color at all times when in use. Any revolving illuminated sign shall be considered a "flashing sign."
SIGN, ILLUMINATEDAny sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.
SPECIFIED ANATOMICAL AREAS [Added 10-20-1980]A. Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES [Added 10-20-1980]A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STORYThat portion of a building between the surface of any finished floor and the surface of the finished floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STREETAny road, avenue, lane, alley or other way which is an existing public way or which is shown on an approved plat, or any private right-of-way or easement approved by the Town Board.
STREET LINEA line separating a lot from a street. In any case where a future "street line" has been established or approved by the Town Board, such future "street line" shall be considered as the "street line" for the purposes of determining lot area and setback requirements.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected which requires permanent location on the ground or attachment to something having such location, but not including a trailer.
TRAILER (MOBILE HOME)A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARDThat portion of a lot extending open and unobstructed from the ground upward along a lot line.
YARD, FRONTA yard extending the full length of the front lot line between the side lot lines. The front yard depth of a lot located on a curve shall be measured from the chord connecting the arc of the front lot line or from the tangent of said arc, whichever is the lesser depth.
YARD, FRONT EQUIVALENTThat portion of a rear yard of a through lot extending along a street line and from the street line for a depth equal to a required front yard. Any "front yard equivalent" shall be subject to the regulations of this chapter which apply to front yards.
YARD, REAROn an interior lot, a yard extending the full length of the rear lot line between the side lot lines. On a corner lot, a yard extending along a rear lot line between an interior side lot line and an exterior side yard.
YARD, REQUIREDA yard having a depth or width set forth in the applicable district regulations. Such width or depth shall be measured perpendicular to lot lines.
YARD, SIDEA yard extending along a side lot line from the front yard to the rear yard, except that on a corner lot where the side lot line abuts a street, the "side yard" shall extend from the front yard to the rear lot line.