For the purposes of this chapter, certain terms or words used
herein shall be interpreted as follows:
A.Â
Words used in the present tense shall include the future.
B.Â
The singular number includes the plural and the plural the singular.
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The word "person" includes a corporation, partnership, association
or organization as well as an individual.
E.Â
The word "building" includes the word "structure."
F.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "built," "arranged" or "designed
to be used or occupied."
G.Â
The word "shall" is mandatory; the word "may" is permissive.
[Amended 9-14-1992 by L.L. No. 4-1992]
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.
A serviceway which affords secondary public means of vehicular
access to abutting property.
A change or rearrangement in the structural parts or in the
entrance and exit facilities, or an enlargement, whether by extending
on a side or by increasing in height, or the moving from one location
or position to another.
A space of full story height partly below grade and having
at least half of its clear floor-to-ceiling height above the established
grade of the street center line or, if no grade has been officially
established on the street, measured from the average level of the
proposed finished grade across the front of the building, and which
space is not designed or used primarily for year-round living accommodations.
An establishment in a private dwelling that supplies temporary
accommodations to over-night guests for a fee. Meals may or may not
be provided. Tourist homes, boardinghouses and inns are included in
this definition; however, rest homes or homes for the aged are not.
[Added 9-19-1988 by L.L. No. 2-1988]
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a "building" is divided
into entirely 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
building exclusive of uncovered porches, steps and terraces.
That portion of the plot or lot area 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 use 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 established grade
at the street center line or, if no grade has been officially established
on the street, measured from the average level of the proposed finished
grade across the front of the building to the highest point of the
roof for flat roofs, to the deck line of mansard roofs and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
A line parallel to the front, side and rear property lines,
respectively, beyond which a structure may not extend as determined
by this chapter.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any one or more of the following: a tent, trailer, shelter,
cottage or other accommodation for seasonal or other more or less
temporary living accommodations, regardless of whether such structure
or other accommodation is actually used seasonally or otherwise; by
a parcel of land on which are located two or more cottages, shelters,
recreational vehicles, tents or other accommodation for seasonal or
other more or less temporary living arrangements; a parcel of land,
including buildings and facilities thereon, used for the assembly
of children or adults for what is commonly known as "day camp" purposes;
or a parcel of land, including buildings and facilities thereon, used
for overnight, weekend or long periods of camping by organized groups.
A structure designed or intended primarily for the washing
of automobiles, including conveyor, drive-through and self-service
types.[1]
That space of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the established grade at the street center line or,
if no grade has been officially established on the street, measured
from the average level of the proposed finished grade across the front
of the building, and which space is not designed or used primarily
for year-round living accommodations.
Businesses intended for the sale of retail goods or personal
services, department store, grocery store, convenience store, but
excludes restaurant, hotel/motel, gas station, garage, car wash, utility
and agriculture.
A building or portion thereof designed for year-round occupancy,
containing separate dwelling units for three or more families living
independently of each other, other than hotels, motels, camps and
rooming houses.
A detached building designed for year-round occupancy by
one family only, other than a mobile home, recreational vehicle, camp
or any temporary structure.
A detached dwelling unit providing complete housekeeping
facilities for one family designed for seasonal or non-year-round
occupancy other than a mobile home, camp or recreation vehicle.
Three or more attached dwelling units designed for year-round
occupancy and containing separate dwelling units for occupancy.
A detached building designed for year-round occupancy by
two families living independently of each other, other than a mobile
home, recreational vehicle, camp or rooming house.
A building or portion thereof, providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities.
One or more persons occupying a dwelling unit and living
as a single, nonprofit housekeeping unit.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein or space for more than one car is leased to a nonresident
of the premises.
A building or part thereof operated and used for the storage,
hiring, selling, greasing, washing, servicing or repair of motor-driven
vehicles.
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 station and service station.
Any use customarily conducted entirely within a dwelling or
its accessory buildings and operated only by a resident of the premises
and in which not more than two nonresidents are employed or engaged,
which use is clearly incidental to the use of the dwelling as a place
of residence. In particular, a "home occupation" includes, but is
not limited to, the following:
However, a "home occupation" shall not be interpreted to include
a commercial stable or kennel, animal hospital, restaurant, tourist
home or boardinghouse, convalescent home, funeral home or stores,
trades or businesses of the kind herein excepted.
A building or structure for the diagnosis and medical or
surgical care of human sickness or injuries.
A building or structure for the diagnosis and medical or
surgical care of sick or injured animals.
A building or group of buildings where transient guests are
lodged for hire.
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
or resort hotel or club.
Those industrial uses, which activities do not usually constitute
a fire hazard or emit smoke, glare, noise, odor or dust or in other
ways constitute a nuisance and/or are not detrimental to neighboring
properties.
A parcel of land considered as a unit, occupied or capable
of being occupied by a principal 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 side and rear lot lines and
the street or highway right-of-way.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
or 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, including:
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear 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 built structure that is manufactured or constructed
under the authority of 42 U.S.C. § 5401 and is to be used
for human habitation, but which is not constructed or equipped with
a permanent hitch or other device allowing it to be moved other than
for the purpose of moving to a permanent site which does not have
permanently attached to its body or frame any wheels or axles. For
the purposes of these regulations, a mobile home is not considered
a manufactured home. Manufactured homes, for the purpose of these
regulations, shall have a minimum width of 22 feet at the narrowest
point for a depth of 20 feet. Manufactured homes shall have a full
permanent foundation that shall have a dimension equal to the width
and length of the home and any expansions or extensions thereto. The
footings shall extend below the established frost line with masonry
walls extending 12 inches below the final grade of the site. In homes
with a crawl space, there shall be no less than 36 inches of clear
vertical space and the area within the foundation perimeter shall
be capped with no less than three inches of concrete. All foundation
construction will be in accordance with § 1805 of the Building
Code of New York State. Included in this definition is manufactured
housing commonly known as "double" and "triple" wides as long as such
housing will meet the minimum width requirement of this definition.
[Added 4-14-2003 by L.L. No. 1-2003]
Includes hospital, out-patient clinic or other type of medical
arts building.
A factory-finished movable dwelling unit (having a minimum
floor area of 600 square feet) designed and built on frame and wheels
to be towed on its own chassis and designed for and providing housekeeping
facilities for year-round occupancy, including living and sleeping
accommodations, a flush toilet, tub or shower and kitchen facilities,
and with plumbing and electrical connections provided for attachment
to outside systems; after being transported to the building site.
It does not include a recreational vehicle.
A parcel of land which has been planned and improved for
the placement of two or more mobile homes for dwelling purposes. The
term shall include mobile home park or other area planned and/or improved
for two or more mobile homes.
Any lot in single ownership, which does not conform to the
minimum area and/or dimensions required in the district in which it
is situated or for any adjoining property, the subdivision of which
could create one or more conforming lots.
Use of a building or of land that does not comply with the
regulations for the district in which it is situated and where such
use existed and/or was used legally at the time of adoption of this
chapter or any amendment thereto.[2]
A proprietary facility, licensed or regulated by the State
of New York for the accommodation of convalescents or other persons
who are not acutely ill and not in need of hospital care, but who
require skilled nursing 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 designated for the parking of one motor
vehicle and having an area of not less than 180 square feet, exclusive
of passageways and driveways thereto.
Offices in which an occupation or vocation requiring training
and advanced study in a specialized field is practiced (i.e., doctor,
lawyer and real estate offices).
A mobile recreational unit, including travel trailer, pickup,
camper, converted bus, tent-trailer, camper trailer, tent or similar
device used for temporary portable housing.
Any device affixed to, 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."
[Amended 9-14-1992 by L.L. No. 4-1992]
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.
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 plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, road rights-of-way, boundaries,
all essential dimensions and bearings and other information deemed
necessary by the Planning Board.
Radiant energy (direct, diffuse and reflected) received from
the sun.
An arrangement or combination of components and structures
designed to provide heating, cooling, hot water or electricity through
the process of collecting, converting, storing, protecting against
unnecessary dissipation and distributing solar energy.
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, order, comfort, convenience,
appearance, prosperity or general welfare. Such use may be permitted
in certain zoning districts as a special use, if specific provision
for such special use is made in this chapter.
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.
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 requires
location on the ground or attachment to something having location
on the ground.
Any authorized departure by the Board of Appeals from 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 action of the applicant, a literal
enforcement of this chapter would result in unnecessary and undue
hardship.
An open space extending across the principal street side
of a lot measured between the side lot lines, the depth of which yard
is the minimum horizontal distance between the street center line
and the building line or any projection thereof other than steps and
unenclosed porches, extending not more than six 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 porches extending
not more than six 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 unenclosed porches and
as otherwise specified in this chapter.
A zoning review organization consisting of three members
appointed in accordance with § 7-712 of the Village Law.
Such Board shall have responsibility for interpretation and variance
determination.
