A.
The present tense shall include the future, and the singular number
shall include the plural and the plural the singular. The word "shall"
is always mandatory. Words not included in this chapter shall be defined
through their common use of the therms.
B.
The Village of Nassau has developed a series of drawings that illustrate
many of the terms used in this Zoning Chapter. See Plates 1 through
32[1] for illustrations of the following terms:
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1.
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Lot in Single Ownership
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2.
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Alley; Net Land Area; Block
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3.
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Building Height
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4.
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Story; Street Line; Center Line
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5.
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Court, Dwellings (one-, two-, multifamily and row/townhouse)
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6.
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Floor Area Ratio
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7.
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Semidetached; Family; Public/Private Garage; Lot
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8.
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Corner Lot; Mobile Home; Mobile Home Park; Motel
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9.
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Through Lot; Lot Width
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10.
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Motor Vehicle Service Station
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11.
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Signs
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12.
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Drive-In Theater
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13.
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Front; Rear and Side Yards
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14.
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Rural Residential District
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15.
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Between the Yards
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16.
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Off-Street Parking
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17.
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Five and 100 Acres
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18.
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Location of Driveways
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19.
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Single-Family Residential District
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20.
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One Acre
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21.
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Cluster Development
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22.
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Private or Commercial Parking Lot
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23.
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Three Acres
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24.
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Nonresidential Use in a Residential District
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25.
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Loading Dock
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26.
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Spacing of Entrances and Exits
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27.
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Planned Development
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28.
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Access of a Commercial or Industrial Ise
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29.
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Individual Sewerage Systems
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30.
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Sight Distance
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31.
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Apartment House; Hospital
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32.
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Private Garage on Steep Slopes
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[1]
Editor's Note: Said plates are included as an attachment to
this chapter.
Certain words and terms used in this chapter are defined for
the purposes thereof as follows:
A second dwelling unit, either in, or added to, an existing
single-family dwelling, or in a separate accessory structure such
as barns and garages on the same lot as the existing single-family
dwelling, for use as a complete, independent living facility with
provisions in the accessory apartment for cooking, eating, sanitation,
and sleeping. Such an apartment is a secondary and subordinate use
to the principal dwelling. A mobile home or single-wide manufactured
home shall not be considered as an accessory apartment.
The production of crops or plants or vines and trees.
A public way having a right-of-way width of 20 feet or less.[1]
The keeping, grazing, feeding and care of animals other than
household pets; however, the term "animal husbandry" shall not be
construed to include the activities of fur farms, pig farms or poultry.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
When referring to the required area per dwelling unit, means
a net land area, the area exclusive of streets and other public open
space.
A premises including open areas, other than a street or way,
and showrooms enclosed within a building used for the display or sale
of new or used automobiles, trucks, cargo trailers and boats.
A lot, land or structure or part thereof over 200 square
feet in area used for the dismantling, wrecking or burning of used
automobiles, or the storage, sale or dumping of dismantled, partially
dismantled or wrecked vehicles or their parts, or for the collecting,
dismantling, storage and salvaging of machinery or vehicles not in
running condition and for the sale of parts thereof, except as accessory
to a principal industrial use of the lot. Two or more motor vehicles
not in operating condition shall be deemed to constitute a "junkyard."
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises.
A story partly underground but having at least 1/2 of its
height above the average outside ground level.
The length of a street between two street intersections where
street intersections are at intervals greater than 1,200 feet shall
be considered the length of a "block" for purposes of this chapter.
A dwelling, other than a hotel or motel, wherein more than
two people are sheltered and/or fed for profit.
Any structure constructed or used for residence, business,
industry or other public or private purposes or accessory thereto,
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures, whether stationary or movable.
The individual designated by the Village Board of Trustees
to enforce the provisions of the building code. The Building Inspector
may also serve as the Code Enforcement Officer.
The line of that face of a principal building nearest the
street line. In the case of a corner lot, any building line nearest
to a street line shall be considered a "front building line."
An established building or structure lawfully existing prior
to the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A use customarily incidental to the use of a principal building,
not occupying more than 25% of the total aboveground floor area of
the principal building thereof and including:
The office or studio of a physician or surgeon, dentist, accountant,
artist, musician, lawyer, architect, engineer, teacher, insurance
agent, realtor or other such professional person residing on the premises,
provided that there is no advertising display visible from the street,
other than a small professional nameplate. The above shall not be
interpreted to include the office or place of business of a mortician.
Customary home occupations as defined herein, provided that
there is no display of goods visible from the street and no exterior
advertising, other than an unlighted sign not over two square feet
in area, and such occupation is conducted in the main building by
a person or persons residing therein.
Any addition to a building, a change or rearrangement in
the structural parts or exit facilities, or any change in the use
from one district classification to another, or removal of a buildingfrom
one location to another.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the structure.
A building, including covered porches and decks, in which
is conducted the principal use of the lot on which it is situated.
In any residence district, any dwelling shall be deemed the "principal
building" on the lot on which it is situated.
A one-story structure not more than 50 square feet in building
area, providing shelter at school bus and other bus stops.
An amusement show, usually traveling from place to place,
having sideshows, Ferris wheels, merry-go-rounds, etc.
A portion of a building having more than 1/2 of its height
below the average outside ground level.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
A line midway between and parallel to two street or road
property lines, or as otherwise defined by the Planning Board.
A building for public worship.
An exhibition of wild animals and acrobatic feats, together
with sideshows and vending concessions.
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A structure designed for the practice of medicine in which
nonresident patients are treated.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A flexible subdivision technique where all the residences
to be built on a parcel are located together on smaller lots in order
to preserve open space or environmental features on the parcel.
The officer appointed to enforce all the New York State,
local building and fire codes as well as all other local laws adopted
by the Village of Nassau. The Code Enforcement Officer may also be
the Building Inspector.
A set of guidelines to be followed in site and/or building
design and development of commercial uses to help maintain the character
of a community and prevent new commercial development from dramatically
changing the physical and visual footprint of the community.
Any nonagricultural activity involving the sale of goods
or services carried out for profit.
An application for development that includes all required
documents and submittals pursuant to this chapter, and where a negative
declaration has been made or a draft environmental impact statement
has been accepted by the reviewing agency.
The September 2016 Village of Nassau Master Plan, and any
of its updates or successors that details an underlying purpose to
control land uses for the benefit of the whole community based upon
consideration of the community's problems and applying a general policy
to obtain a uniform result and adopted pursuant to New York State
Village Law § 7-722.
Conveys the Village's intent that new development be similar
to existing development in terms of size, height, bulk, intensity
and aesthetics to its surroundings. This zoning chapter establishes
various development standards such as height, setback, lot size, and
lot coverage requirements that guide new development to be of the
size and scale appropriate to each district as well as development
standards for commercial buildings so that they can be consistent
with the context where it is to be located.
That type of construction in which the walls, partitions,
columns, floor and roof are noncombustible, with sufficient fire resistance
to withstand the effects of a fire and prevent its spread from story
to story, as required by the state building code.
An unoccupied open space other than a yard. An outer court
is one that extends to the street or to the front or rear yard. An
inner court is any other court.
That percentage of the lot covered by the building area and
impervious surfaces.
The officially established grade of the curb in front of
the midpoint of the lot.
Decks attached to the house are considered to be part of
the dwelling and, as such, part of the dwelling setback restrictions.
Unattached decks are treated as an unattached accessory.
See "fraternity house."
Includes drive-in outdoor theaters, refreshment stands, banks
and the like where patrons enter the premises and are served or entertained
in automobiles. Deposit and pickup services shall not be considered
"drive-in businesses" as defined herein.
Land situated on a lot used or intended to be used to provide
access to it by vehicular traffic.
Land used for the disposal, by abandonment, dumping, burning
or any other means and for whatever purpose, of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof or waste
material of any kind.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
motels, hotels or other structures designed for transient residence.
A bus is not construed to be a "dwelling."
Any dwelling or portion thereof used or intended to be used
by one family and providing complete housekeeping facilities therefor.
A dwelling or group of dwellings on one plot, containing
separate living units for three or more families but which may have
joint services or facilities, or both.
A detached building designed for the use of a single household,
including one or more persons living as a family, and wherein not
more than two boarders are sheltered and/or fed for profit.
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be in common with the walls of adjoining dwellings and are
party or lot-line walls.
A detached building containing two dwelling units separated
by a party wall, each having one side yard.
A building having two side yards and accommodating but two
families, with one family living over the other.
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students and faculty, dining halls and social or athletic
activities when located on the institution's land that is not detached
from land where classroom facilities are maintained.
See "public utility."
A form used to determine whether a project will have significant
environmental impacts. Depending on the site's environmental features
and the project's magnitude, either a short or full SEQRA Environmental
Assessment Form will be completed.
An area with one or more of the following environmental characteristics:
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features
and for which an admission fee is charged.
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit, provided that, unless all members
are related by blood, marriage or adoption, no single housekeeping
unit shall contain more than five members.
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes fur farms, pig farms, cage- type poultry houses, public stables
and dog kennels.
The principal building used as a dwelling on any tract of
land classified as a farm.
Any structure, regardless of composition, except a living
fence or temporary enclosure for playpen use, that is erected or maintained
for the purpose of enclosing a piece of land or dividing a piece of
land into district portions.
Fencing enclosing gardens and/or shrubbery totally contained
within the property limits, not exceeding 36 inches in height.
Any fence or hedge composed of live materials.
A land area adjoining a river, stream, watercourse, or lake,
which is likely to be flooded or experience occasional flooding.
The sum of the gross horizontal area of the several floors,
including the basement, of a building and its accessory buildings
on the same lot, including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The floor area of a building divided by the area of the lot
which it occupies.
A commercial use that uses a building design that is trademarked
or identified with a particular franchise, chain or corporation and
is generic or standard in nature.
A facility used for housing, with or without dining facilities,
of students attending an educational institution as defined herein
and which is approved as a residence for its students by the aforementioned
educational institution.
That part of a property bounded by either a public or private
road.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
Any premises wherein gaming is done, or establishments are
engaged in providing entertainment for a fee, including but not limited
to such activities as dance halls, studios, theatrical productions,
bands, and other musical entertainment, bowling alleys, billiard or
pool establishments; commercial establishments such as arenas, rings,
rinks and golf courses, coin-operated devices, amusement parks, membership
and health clubs, and game parlors.
A garage not conducted as a business or used for the storage
space for more than one commercial vehicle which shall be owned by
a person residing on the premises.
A garage conducted as a business. The rental of storage space
for more than two passenger cars or for one commercial vehicle not
owned by a person residing on the premises shall be deemed a business
use.
The elevation of the center line of the streets as officially
established by the municipal, county or state highway authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
to and secondary to the use of the dwelling for dwelling purposes,
does not utilize more than 25% of the dwelling for commercial purposes,
and does not change the character thereof. Home occupation may be
construed to include a home-based professional office, dressmaking,
millinery, home cooking, musical instruction limited to a single pupil
at a time, art studios and activities of a similar nature. Home occupation
shall not be construed to include barbershops and beauty parlors,
public stables, kennels, animal hospitals, restaurants and tearooms,
musical instruction to groups, dancing instruction to groups, nursing
homes, nursery schools, public garages, plumbing or electrical shops
or other trades or businesses of a similar nature, nor shall any customary
home occupation be construed to include that which requires the presence
in the home of machinery or equipment normally associated with commercial
or industrial activities or that which produces offensive noise, vibration,
smoke, dust, odors, heat, glare or other nuisance.
A dwelling in which overnight accommodations are provided
for not more than 10 transient, paying guests.
An establishment for temporary occupancy by the sick or injured
for the purpose of medical diagnosis and treatment, including sanatoriums,
and shall be limited to the treatment or other care of humans.
An establishment for temporary occupancy by sick or injured
animals for the purpose of medical diagnosis and treatment and shall
exclude the treatment or other care of humans.
A building or group of buildings in which there are 12 or
more rental sleeping rooms, and which may also include dining rooms,
kitchens, serving rooms, ballrooms and other facilities and services
intended primarily for the accommodation of its patrons.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
primarily for serving its occupants and only incidentally the public.
A structure that is suitable for use by an individual or
individuals as a dwelling, or for commercial operations and that has
a valid certificate of occupancy issued by the Village of Nassau.
A lot, land or structure or part thereof over 200 square
feet in area used primarily for the collecting, storage and/or sale
of wastepaper, rags, scrap metal or discarded material.
Any establishment, including cages, dog runs and structures,
wherein more than three dogs which are over six months old are harbored.
A business premises equipped with individual clothes-washing
and -drying and/or -cleaning machines for the principal use of retail
customers.
Light assembly and fabrication uses, including manufacturing
of precision products such as optical goods, business machines, instruments,
cameras, clocks, watches and musical instruments, or any use which
the Board of Appeals finds to be similar in its effect upon the character
of the vicinity, including traffic, emission of noise, vibration,
odor, smoke, dust or glare.
A piece, parcel or plot of land occupied or designed to be
occupied by a principal building and its accessory building or buildings
and including the yards and other open spaces required by this chapter.
The horizontal distance from the street line of the lot to
its opposite rear line, measured along the median between the two
side lot lines.
The lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey,
record or deed prior to the date of this enactment, as shown on the
records of the Rensselaer County Clerk's office.
The distance between the side lot lines measured along the
front building line as determined by the front yard requirement prescribed
by this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points beginning within the lot or at the points of
intersection of the side lot lines with the street line intersect
at an interior angle of less than 135°.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets.
Any operation (other than in connection with foundations
for a structure or highway construction) involving:
A single structure that allows for a combination of residential
and nonresidential uses, provided the nonresidential use is permitted
or specially permitted for that district.
A portable structure for which the State of New York Department
of Motor Vehicles will issue a license to move on any public way,
having a ground area of not more than 1,100 square feet or not less
than 400 square feet, with or without its own motive power, equipped
for or used for living purposes, provided with complete sanitary facilities
and mounted on wheels or designed to be so mounted and transported
or transported on a flatbed trailer.
A public inn containing not less than eight rental units,
with provisions for, but not limited to, automobile parking space
to accommodate not less than one car per unit and separate toilet
facilities and hot and cold running water for each rental unit.
Any premises, owned or operated by a motor freight company
regulated by the Public Service Commission of New York and/or the
Interstate Commerce Commission as a carrier of goods, which is the
origin and/or destination point of goods being transported, for the
purpose of storing, transferring, loading and unloading such goods.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means, body and fender work or the dismantling
or replacing of engines.
See "unreasonable noise" as defined in Chapter 77 of the Village of Nassau Code.
That part of a building, other structure or tract of land
which does not conform to one or more of the stated lot size, height,
setback, coverage, density or other dimensional regulations established
in this chapter, either following its effective date or as a result
of subsequent amendments thereto.
A structure or building, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
of the zoning law or subsequent amendments thereto, but that fails
by reason of such adoption, revision, or amendment to conform to the
present requirements of the zoning law.
Any use of a building, structure, or tract of land, which
was lawful prior to the adoption, revision, or amendment of the zoning
law, but that fails by reason of such adoption, revision, or amendment
to conform to the present requirements of the zoning district.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any establishment where persons are housed or lodged and
furnished with meals and nursing care for hire.
A nationwide system of wetlands inventory and mapping.
The utilization of a building, structure or land.
Occupancy for a period not exceeding four months during any
one calendar year.
A room or group of rooms used for conducting the affairs
of a business, service, industry, or government and generally furnished
with desks, tables, files and communication equipment.
The office of a member of a recognized professional maintained
for the conduct of that profession.
A map adopted by the Board of Trustees pursuant to the provisions
of § 7-724 of the Village Law, which may be or may have
been revised according to the provisions of § 7-724 of the
Village Law and which shows streets, highways and parks theretofore
laid out, adopted and established by law and which may show drainage
systems.
Land left in a natural state for conservation, devoted to
the preservation of distinctive ecological, physical, visual, architectural,
historic, geologic or botanic sites. It shall also mean land left
in a natural state and that is devoted to active or passive recreation.
The term shall not include land that is paved, used for the storage,
parking or circulation of automobiles, used for playgrounds or manicured
recreational lands such as ball fields, lawns, or occupied by any
structure.
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above that required
by the underlying zone. Overlay zones deal with special situations
that are not appropriate to a specific zoning district or apply to
several districts.
An off-street, ground-level open area that provides temporary
storage for motor vehicles, including an area dedicated for commuters.
A space for the on-street or off-street parking of a motor
vehicle within a public or private parking area. Standard parking
spaces are nine feet by 18 feet in size.
A structure or complex of structures used for the visual
and/or performing arts.
A commercial enterprise primarily engaged in providing services
involving the care of a person or his/her personal goods or apparel.
An active recreational area with a variety of facilities,
including equipment for younger children as well as court and field
games.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either a permanent
or detachable glass sash. A structure having a driveway running to
it, under it or through it shall not be considered to be an open porch.
An accessory use intended to cover any structure used for
temporary storage, including but not limited to portable on-demand
storage (PODS®), storage and semitrailers,
or commercial box vans that are parked for temporary construction,
or during renovation, or moving preparation.
A land or building available to the general public, including
but not limited to schools, streets, highways, government buildings,
parks and recreational trails, flood control, safety facilities, bridges,
and numerous other purposes designated as beneficial to the public.
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary to the public health,
safety, and welfare, including all uses deemed to be a public utility
by New York State. Other uses may be a public utility if they provide
a service that is essential to the public health, safety and general
welfare, is regulated by a government agency, is granted an exclusive
or near-exclusive franchise for a specific geographic area and is
required to provide service to all who apply within their franchised
area.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation,
exclusive of the process of grading preparatory to the construction
of a building for which a building permit has been issued or highway
construction.
An establishment engaged as an agent for the rental or sale
of land or buildings.
A place operated as a business and open to the public for
a fee and that is designed and equipped for the conduct of sports
and leisure-time activities. This includes but is not limited to game
rooms and amusement facilities.
Establishments engaged in the selling or rental of goods
or merchandise and in rendering services incidental to the sale of
such goods. It is an establishment that makes or buys goods for resale.
If the bulk of the products made on site are sold on premises, it
would be classified as retail trade, otherwise it would be light manufacturing.
This includes retail outlet store, outdoor retail sales, convenience
retail store, etc.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A stall or booth for business which shall be limited to the
sale of farm products produced on the premises.
A private hospital, whether or not such a facility is operated
for profit.
A sewer connected to a municipal sanitary sewer system or
a sanitary sewer connected to a nonmunicipal sanitary sewer system,
the construction plans and plans for the operating of which shall
be approved by the Rensselaer County Department of Health. Any facility
which provides for the disposal of sanitary sewage on a lot occupied
by a principal or accessory building or structure, other than a sewage
disposal plant, shall not be deemed a public sanitary sewer.
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting the requirements of the state.
The same as "elementary school," except that secondary education
is provided.
Any school having regular sessions with regularly employed
instructors who, as a principal activity, provide training in a trade
or vocation and teach those subjects that are fundamental and essential
in elementary or secondary education under the supervision of the
State of New York or a lawfully constituted ecclesiastical governing
body or a corporation meeting the requirements of the state.
Vegetation, fencing, or earthen materials used to block visibility
toward and/or away from a site. Screening may also be used to lessen
noise, lighting or visual impacts from a particular site or from adjacent
land uses.
Dwelling units that are arranged as individual dwelling units
for occupancy by senior citizens. Senior housing may be located in
structures having one, two, or multiple dwelling units but are designed
for and dedicated to housing for people 62 or older. This includes
adult retirement communities, independent living facilities, and retirement
communities. It does not include nursing homes or assisted-living
facilities.
Occupancy within a Senior Citizens Housing District is limited
to senior citizens or handicapped families and to handicapped persons,
as defined and discussed below, regardless of race, creed, color,
religion or sex.
A "senior citizen" or "handicapped family" means:
Families of two or more persons, the head of which (or his or
her spouse) is 62 years of age or over or is handicapped;
The surviving member or members of any family described in Subsection (1)(a) above, living in a Senior Citizens Housing District with the deceased member of the family at the time of his or her death;
A single person who is 62 years of age or over or a handicapped
person between the ages of 18 and 62; or
Two or more senior citizen or handicapped persons living together
or one or more such persons living with another person who provides
essential care to said senior citizen or handicapped persons based
upon a certification of such by a licensed physician provided by the
tenant family or prospective tenant family.
A "handicapped person" means:
Any adult having an impairment which is expected to be of long-continued
and indefinite duration, is a substantial impediment of his or her
ability to live independently and is of a nature that such ability
could be improved by more suitable housing conditions; or
A person who is developmentally disabled, i.e., if he or she
has a disability attributable to mental retardation, cerebral palsy,
epilepsy, autism, or another neurological condition found by the United
States Secretary of Health and Human Services to be closely related
to mental retardation or to require treatment similar to that required
for mentally retarded individuals, which disability originates before
such individuals attain age 18, and which constitutes a substantial
handicap to such individual.
Nothing herein contained is intended to prevent the occupancy
of a dwelling unit by a person employed as a resident custodian who
is not otherwise eligible to reside within a Senior Citizens Housing
District along with such custodian's immediate family.
An underground system with a tank or vault used to treat,
convey and dispose of domestic wastewater on site.
A concrete paved surface paralleling and usually separated
from the traveled way, used as a pedestrian walkway.
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter,
work, model, banner, flag, pennant, insignia, device or representation,
but not including the flag, pennant or insignia of any nation, state,
city or other political unit or of any political, educational, charitable,
philanthropic, civic, professional, religious or like organization
on the property thereof.
A sign used to identify the individual or organization occupying
the premises or the name of the building or structure in connection
with which the sign is displayed.
A sign advertising property on which it is located or a building
thereon for sale, rent or lease.
See "fraternity house."
General Stormwater Permit for Construction Activities: A
permit under the New York State Pollutant Discharge Elimination System
(SPDES) issued to developers of construction activities to regulate
disturbance of one or more acres of land.
A land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which horses are kept for remuneration, hire
or sale.
Land areas where the slope exceeds 20%.
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This, however, shall not
be construed as including the activities of junkyards as defined herein.
That part of a building included between any floor, other
than a cellar floor, and the floor or roof next above.
Any public way, dedicated to public travel.
The right-of-way line of a street as indicated by dedication
or by deed of record.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Fences and retaining walls do not apply.
Any addition to a structure, a change or rearrangement in
the structural parts, or any change in use from one district classification
to another, or removal of a structure from one location to another.
A structure that is erected without any foundation or footings
and is removed when the designated time period, activity, or use for
which the temporary structure was erected has ceased.
Any body of water (excluding natural bodies of water fed
by rivers, streams, brooks or springs) or receptacle for water having
a depth, at any point, greater than two feet and used or intended
to be used for swimming or bathing and constructed, installed or maintained
in or on the ground outside any building.
See "bar or tavern."
A building or part of a building devoted to presenting entertainment
on a paid-admission basis.
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons seated in automobiles.
See "home, tourist."
A vehicle designed exclusively for the transportation of
one boat of less than a ten-foot beam and twenty-four-foot length.
A vehicle or portable structure, not over 256 square feet
in floor area, equipped but not regularly used for sleeping but which
may not have sanitary facilities.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
An area and building where trucks load and unload cargo and
freight and where cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation;
As a transshipment facility, similar to a distribution center
or warehouse to handle containers, liquid or raw products.
A structure that is not used by an individual or individuals
overnight in a dwelling unit, or for the storage or use of equipment,
merchandise, or machinery in any public, commercial or industrial
building. An unoccupied building does not have a valid certificate
of occupancy.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
A use which is customarily incidental to and subordinate
to the principal use of a premises, building or structure and located
on the same premises as the principal use, building or structure.
An established use of a building or structure or use of land
lawfully existing prior to the adoption or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
Property encumbered with a mortgage that is delinquent, which the owner has abandoned, but which the mortgagee fails to foreclose on. See also Chapter 44 for definitions.
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
of design or access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
A building used primarily for the storage of goods and materials
as well as serving as a distribution center where products are received,
broken down into smaller quantities, and then shipped.
Water contained in streams, rivers, ponds, wet areas, lakes,
and other waterbodies and watercourses, or that drains across land.
Lands and submerged lands commonly called, but not limited
to swamps, marshes, sloughs, bogs, flats, pools, vernal pools, fens,
natural ponds, kettle ponds, wet meadows, lakes, and streams supporting
aquatic or semiaquatic vegetation as defined and used by the New York
State Department of Environmental Conservation (DEC) and U.S. Army
Corps of Engineers (ACOE). The U.S. ACOE or New York State DEC is
the governing body for matters affecting wetlands, depending on the
size of those wetlands. If wetland is less than 12.4 acres, the U.S.
Army Corps of Engineers definition shall apply; if 12.4 acres or larger,
New York State Department of Environmental Conservation definition
shall apply.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesales,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies. Lumber and millwork
yards, such as building materials establishments, are generally classified
as a wholesale business unless the primary operation is directly to
the general public rather than to the building contractors. In such
cases, they would be a retail operation.
An unoccupied space, open to the sky, on the same lot with
a building or structure.
An open space extending across the entire width of the lot
between the front building line or front main wall of a building and
the front property line (street or road right-of-way line).
An open space extending across the entire width of the lot
between the rear line of the lot and a line parallel to the rear line
of the lot at a distance from the rear line of the lot specified for
the zoning district in which the lot is situated.
An open, unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard.
[1]
Editor's Note: See Plate 2 included as an attachment to this
chapter.
