Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
An extension or increase in floor area, number of stories or height of a building or structure.
[Added 9-4-2012 by L.L. No. 4-2012]
Any establishment having operations or merchandise depicting or relating to specified sexual activity or specified anatomical areas defined below, for purchaser observation by patrons therein. The following applies for the purpose of this definition:
[Added 9-4-2012 by L.L. No. 4-2012]
More than 20% of an establishment's gross sales or more than 20% net floor area.
Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Less than completely and opaquely covered human genitals, pubic region or human male genitals in a discernibly turgid state, whether or not covered.
Any business offering for sale, lease or hire products, materials or inventory, the majority of which consists of adult-oriented products, or any business that provides any adult-oriented services.
[Added 9-4-2012 by L.L. No. 4-2012]
Anything which depicts, describes, presents or displays human nudity, humans engaging in sexual foreplay or intercourse and appearing to have at least a significant motivation for such depiction, presentation or display the sexual stimulation or sexual gratification of the consumer of same. Also included within this definition is any object which is intended or may be used by the consumer for purposes of sexual stimulation or gratification. Movies having received an R or PG-13 rating, or literary equivalent of same, shall not be considered adult-oriented products.
[Added 9-4-2012 by L.L. No. 4-2012]
Any action performed, for consideration, by one or more persons to or for the benefit of another person or persons where at least one motivation for such action is the sexual stimulation or gratification of either the performer or the recipient.
[Added 9-4-2012 by L.L. No. 4-2012]
A service way which affords a secondary public means of vehicular access to abutting property.
Any construction or renovation to an existing structure other than repair or addition.
[Amended 9-4-2012 by L.L. No. 4-2012]
Exterior apparatus designed for transmitting and/or receiving communications signals through electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar) or any form of wireless telecommunications signal, including radio television, telephone, microwave, cellular and PCS signals.
[Added 9-4-2012 by L.L. No. 4-2012]
A set of interconnected antennas installed on one tower by one telecommunications provider that receive and/or transmit one type of telecommunications signal.
[Added 9-4-2012 by L.L. No. 4-2012]
Any area for repair or alteration of the frame or body of automobiles. No more than three uninspected, unregistered motor vehicles shall be on site at a given time.
The dismantling of used or wrecked motor vehicles for the purpose of storage and sale of their salvaged parts. As used herein, the term "motor vehicle" shall mean automobile, truck, tractor truck, bus, motorcycle, snowmobile or any other self-propelled vehicle. Said business shall be confined within a building approved for such use by the Codes Officer. Outside work on, or storage of, any vehicle shall be prohibited.
[Added 9-4-2012 by L.L. No. 4-2012]
A building or portion thereof, the use of which is devoted to the washing of automobiles, including but not limited to one of the following types:
An auto wash facility where automobiles progress through the washing process pulled by an electrically operated chain conveyor or by some means other than their own power.
An auto wash facility where automobiles are driven through the washing process under their own power.
An auto wash facility where automobiles are washed by the drivers of the automobiles, using machinery provided by the manager of the facility.
A space of full story height partly below grade and having at least 1/2 of its clear height, floor to ceiling, above average grade of the adjoining ground and which is not designed to be used primarily for year-round living accommodations.
[Amended 9-4-2012 by L.L. No. 4-2012]
An owner-occupied single-family detached dwelling where one to five rooms are rented to overnight guests. A bed-and-breakfast establishment may operate year-round; however, the length of stay for any overnight guest shall not exceed one continuous week. Meals, if offered, are only to registered overnight guests. All bed-and-breakfast establishments must conform to New York State and local codes.
[Added 9-4-2012 by L.L. No. 4-2012]
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
The total ground-floor area of a principal building and accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
That area of the lot or plot covered by a building.
A building surrounded by open space on all sides on the same lot.
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential occupancy and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
A line established by legal variance, usually parallel with a property line, beyond which a structure may not nor its extension protrude.
[Amended 9-4-2012 by L.L. No. 4-2012]
A building in which the main use of the lot is conducted.
That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic or symbol is defined by a small number of light-emitting diodes (LEDs), fiber optics, light bulbs or other different illumination devices within the display area. Electronic changeable copy signs include computer-programmable, microprocessor-controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or other objects.
[Added 9-4-2012 by L.L. No. 4-2012]
A facility that provides care for any number of preschool- or school-age children any part of a twenty-four-hour day. All state licensing requirements are to be met, and all operations are to be in accordance with New York State Department of Social Services regulations. Allowed only by special exception by the Zoning Board of Appeals.
[Added 9-4-2012 by L.L. No. 4-2012]
Any structure that supports one or more antennas, including self-supporting lattice towers, guyed towers, monopole towers and alternative tower structures, and further includes all base and supports for the structure of the tower.
[Added 9-4-2012 by L.L. No. 4-2012]
Any retail store offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and any other freshly prepared foods for off-site consumption. Convenience stores may also include the sale of gasoline, in which case they shall conform to the requirements for gasoline stations.
[Added 9-4-2012 by L.L. No. 4-2012]
The total number of dwelling units proposed divided by the total number of acres within the tract.
[Added 9-4-2012 by L.L. No. 4-2012]
Consists of three main components: the antenna itself, often called a "dish"; a low-noise amplifier (LNA); and a receiver. The antenna and LNA are generally located outdoors and are connected by coaxial cable to the receiver, which is usually placed indoors.
Any place or premises used for sale, dispensing or serving food, refreshments or beverages to persons in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises or those primarily of a pickup or carry-out service nature.
[Amended 9-4-2012 by L.L. No. 4-2012]
That space or area of a lot which is specifically designated and reserved for the movement of motor vehicles from a lot to a public street.
[Amended 5-17-2011 by L.L. No. 3-2011; 12-7-2021 by L.L. No. 8-2021]
A plot of land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means or for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A refuse container with the individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m
3)] or more. The user of the container shall schedule collection from the container so that garbage and other waste materials do not overflow the confines of the dumpster or restrict the closing of the container's cover.
[Added 9-4-2012 by L.L. No. 4-2012]
Any building that contains one or more dwelling units used, intended or designed to be to be built, used, rented, leased, let or hired out to be occupied or that are occupied for living purposes.
[Added 9-4-2012 by L.L. No. 4-2012]
A building or group of buildings designed for year-round occupancy by more than two families, including apartment houses and group houses, but excluding hotels and rooming houses.
A detached building, containing a single dwelling unit, other than a trailer, mobile home or other temporary structure, designed for exclusive year-round occupancy by one family only.
[Amended 9-4-2012 by L.L. No. 4-2012]
A detached building, other than a trailer, mobile home or other temporary structure, designed for exclusive year-round occupancy, containing two dwelling units living independently of each other.
[Amended 9-4-2012 by L.L. No. 4-2012]
A single unit, with provisions for living, cooking, sanitary and sleeping facilities, arranged for the use of one or more persons. A factory-finished living unit delivered to the owner's lot in sections and capable of complying with all applicable local and state building codes shall be deemed to be a dwelling unit.
[Amended 9-4-2012 by L.L. No. 4-2012]
A sign or portion thereof that displays electronic static images, static graphics and static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where messages change sequence, accomplished immediately or by means of fade, repixelization or dissolve mode. Electronic graphic signs include computer-programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.
[Added 9-4-2012 by L.L. No. 4-2012]
One or more persons related by blood or marriage or other recognized family relationship maintaining a common household.
The accessory structure associated with dwelling units used primarily for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein leased to a nonresident of the premises.
[Amended 9-4-2012 by L.L. No. 4-2012]
A building or part thereof operated for gain and used for the storage, hiring, greasing, servicing or repair of automobiles and smaller motor vehicles, but not including body and fender repair and the repair of heavy equipment.
A building or part thereof used only for the storage of vehicles for gain and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include filling stations and service stations.
Any use customarily conducted entirely within a dwelling or its accessory buildings and carried on only by the inhabitants thereof, which use is clearly incidental to the use of the dwelling as a place of residence, and not more than 25% of the floor area of the dwelling unit is used in the conduct of the home occupation; and further provided that no article is sold or offered for sale except as may be produced by the immediate family residing therein.
In particular, a home occupation includes but is not limited to the following: a professional office of a physician, dentist, lawyer, engineer, surveyor, architect or other similar profession; an art or photographic studio; a dressmaker or seamstress; teaching of musical instruments limited to one pupil at a time; and a barbershop or beauty shop operated only by a resident of the premises and in which no nonresidents are employed or engaged.
However, a home occupation shall not be interpreted to include a barbershop or beauty parlor or other use in which nonresidents of the premises are employed or engaged; a commercial stable or kennel; a restaurant; a tourist house or boardinghouse; an animal hospital; a convalescent home; a mortuary establishment; and stores, trades or businesses of any kind not herein excepted.
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the wall of the principal building.
No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be provided off the street and not in a required front yard.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
A building or structure for the diagnosis and medical or surgical care of human sickness or injuries, including facilities for the temporary housing of patients.
A building or structure for the diagnosis and medical or surgical care of sick or injured animals, including facilities for the temporary housing of such animals.
A building or group of buildings where transient guests are lodged for hire, but excluding rooming houses.
Any worn, cast-off, discarded or waste material, including, but not limited to, unlicensed vehicles, machinery and equipment ready for destruction or which has been collected for salvage or conversion to some use.
[Added 9-4-2012 by L.L. No. 4-2012]
Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purpose of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A lot, land or structure, or part thereof, used for the collection or storage of any cast-off discarded material, including but not limited to one unlicensed vehicle no longer intended for use on the public highway, used equipment or machinery unfit for use and ready for destruction which has been collected for salvage for conversion to some other use. See "auto salvage" as defined in this chapter.
[Added 9-4-2012 by L.L. No. 4-2012]
A lot, land or structure or part thereof used for the collection, storage and sale of wastepaper, rags, scrap metals, used or salvaged building materials or other discarded material or for the collecting, dismantling, storing and salvaging of machinery or vehicles and for the sale of the parts thereof.
A business premises equipped with individual clothes-washing or -cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential hotel or club.
A parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory buildings or uses or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter and having its principal frontage on a public street or an officially approved place.
The total area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
A lot located at the intersection of and fronting on two or more intersecting streets and having an interior angle at the corner of the intersection of less than 135°.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property lines bounding the lot.
The lot line separating the lot from the street right-of-way.
The lot line opposite and most distant from the front lot line.
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
A lot having frontage on two approximately parallel or converging streets, other than a corner lot.
The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district
A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards, 24 CFR 3280, 4-1-1993, transportable in one or more sections, which in traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) in length or, when erected on site, is 320 square feet (29.7 m
2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also apply to any structure that meets all requirements of this definition except size requirements and with respect to which the manufacturer voluntarily files a certification required by HUD and complies with the Manufactured Housing Construction and Safety Act of 1974,
as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
[Added 9-4-2012 by L.L. No. 4-2012]
Occupancy of a building or premises part for one use and part for some other use not customarily accessory to the first.
[Added 9-4-2012 by L.L. No. 4-2012]
A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which, in traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) in length or, when erected on site, is 320 square feet (29.7 m
2) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to required utilities and includes plumbing, heating, and air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or self-propelled recreational vehicles.
[Amended 9-4-2012 by L.L. No. 4-2012]
Any area which has been planned and improved with provisions for utilities and sanitary service for the placement of two or more mobile homes.
A residential dwelling unit consisting of component parts manufactured off site which must be transported to the building site separately for erection, construction or installation as a permanent structure. Modular homes differ from mobile homes in that the former must be installed on a site-built permanent foundation, are not designed to be moved or transported once installed on the foundation and have been certified by the U.S. Department of Housing and Urban Development as modular housing units.
[Added 9-4-2012 by L.L. No. 4-2012]
A factory-manufactured dwelling unit, conforming to applicable provisions of this Code and bearing the insignia of approval issued by the State Fire Prevention and Building Code Council which is constructed by a method or system of construction whereby the components are wholly or in part manufactured in a manufacturing facility, intended or designed for permanent installation or assembly and permanent installation.
[Amended 9-4-2012 by L.L. No. 4-2012]
Use of a building or of land that does not conform to the regulations for the district in which it is situated.
A lot that does not meet the size or dimension standards for the zoning district in which it is located.
[Amended 9-4-2012 by L.L. No. 4-2012]
The use of land or a building that is located in a zoning district that no longer allows that use.
[Added 9-4-2012 by L.L. No. 4-2012]
A use that was started or built prior to the adoption of the regulation that now makes it nonconforming.
[Added 9-4-2012 by L.L. No. 4-2012]
Facilities for the daytime care or instruction of two or more children from two years to five years old, inclusive, and operated on a regular basis.
A facility for the accommodation of convalescents or other persons who require skilled nursing care and related medical services which are prescribed by or performed under the direction of a person or persons licensed to provide such care or services in accordance with the laws of the State of New York.
An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.
A tract of land in single ownership or controlled by an individual, partnership, cooperative or corporation, designed or capable of being designed and used as a unit or group of related units and having certain facilities in common, such as yards, open space, recreation areas, garages or parking areas. A "planned development district" may be residential, commercial, industrial, recreational or a combination of such uses.
A mobile recreation unit, including travel trailers, motor homes, pickup campers, converted buses, tent trailers, tents or similar devices used for temporary portable housing.
The restoration to good and sound condition of any part of an existing building for the purpose of its maintenance.
[Added 9-4-2012 by L.L. No. 4-2012]
Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business. Each display surface shall be considered to be a sign.
A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed and only incidentally on the premises, if at all.
A sign which directs attention to a business or profession conducted or a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed to be a business sign.
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when such sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a flashing sign.
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a certain zoning district as a special exception if specific provision for such special exception is made in this chapter.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities in accordance with Chapter
114, Stormwater Management.
[Added 11-5-2007 by L.L. No. 4-2007]
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
That part of a building between a pitched roof and the uppermost full story and having a floor area at least half as large as the floor below. Space with less than five feet of clear headroom shall not be considered as floor area.
A public or private way which affords the principal means of access to abutting property.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which required location on the ground or attachment to something having location on the ground.
Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, aboveground and on-the-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.
[Added 9-4-2012 by L.L. No. 4-2012]
An establishment used primarily for the serving of alcoholic beverages by glass to the general public and where food or packaged liquors may be served or sold only as accessory to the primary. Taverns do not include liquor stores.
[Added 9-4-2012 by L.L. No. 4-2012]
An open lot or part thereof, with its appurtenant structures and facilities, devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis.
An area occupied or designed for occupancy by two or more travel trailers.
A unit for an individual or a family group designed for highway transportation behind or on top of another vehicle, which travel unit provides partial housekeeping facilities for short-time outdoor living.
Any area of land, including the structures thereon, that is used for the wholesale or retail sale or exchange of used cars. When the sale of used cars is affiliated with a new car dealership and is located on the same premises as the dealership, the term "used car sales" shall not apply.
A modification of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structures or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
An open space extending across the principal street side of a lot measured between the side yard lines, the depth of which yard is the minimum horizontal distance between the street line and the main building or any projection thereof, other than steps and unenclosed balconies not extending more than eight feet from the front of the building, except as otherwise provided in this chapter.
An open space extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps and unenclosed balconies not extending more than eight feet from the rear of the building, except as otherwise provided in this chapter. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
An open space from the front yard to the rear yard between the building and the nearest side lot line unoccupied and unobstructed from the ground upward, except for steps and as otherwise specified in this chapter.