In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare. It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with any existing restrictions of
law or ordinance or with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant to
law limiting the use of buildings or premises; nor is it intended
by this chapter to interfere with or abrogate or annul any restrictive
easements or covenants or other restrictive agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon heights of buildings
or premises or requires larger yards, courts or other open spaces
than are imposed or required by such existing provisions of law or
ordinance or by such rules, regulations or permits or by easements,
covenants or agreements, the provisions of this chapter shall control.
For the purposes of this chapter, the word "building"
includes the word "structure"; the word "occupied" includes the phrase
"designed or intended to be occupied"; the word "used" includes the
phrase "designed or intended to be used"; and the word "shall" is
mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure or use customarily incidental and subordinate
to the principal structure or use and located on the same lot or plot
with such principal structure or use.
[Added 1-2-1996 by L.L. No. 1-1996]
A motorized vehicle intended to be operated off a public
highway and not registered as a motor vehicle by the State of New
York.
[Added 5-3-2004 by L.L. No. 16-2004]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other and doing
their cooking upon the premises. As the words "apartment house" or
"garden apartment" are used in this chapter, they mean a group of
detached or attached apartment houses not more than two stories in
height. For the purpose of front yard, side yard and rear yard, such
"apartment houses" or "garden apartments" may be treated as separate
units, provided that the site plans showing the location of the structure,
parking facilities, screening and fencing are approved by the Planning
Board and Board of Trustees.
That portion of an apartment house or garden apartment consisting
of one or more living rooms and occupied by the members of one family,
which room or group of rooms is separated from all other groups within
the apartment house or garden apartment.
A vessel capable of carrying one or more people and intended
for use on or in water.
A motorized self-propelled vehicle containing sleeping and
other facilities for habitation.
Every type of motor-driven vehicle used for commercial purposes
on the highways and streets, such as the transportation of goods,
wares and merchandise and carrying passengers with or without fares,
including trailers and semitrailers, tractors when used in combination
with trailers and semitrailers, tow trucks and any motor-driven vehicle
bearing commercial advertisement or identification.
A commercial vehicle customarily used in the construction
trades, including but not limited to vehicles used for excavation
and moving of earth and vehicles used for hauling of construction
materials.
Any floor-like platform or area surfaced with material such
as but not limited to wood, metal, brick or masonry, without walls
or roof, and constructed outside of the exterior walls of the principal
building, whether attached or unattached.
The mean distance from the street property line to the rear
line, measured in the mean direction of the side lines.
The least distance from any part or point of a building,
including an attached garage, garden house or similar extension, to
the rear line or its vertical projection.
A private road giving access from a public way to a residence
or abutting grounds which is artificially prepared and covered with
asphalt, concrete, brick, block or other artificial products of such
nature or by loose stone or gravel and the length of which runs perpendicular,
and not parallel, to the public way.
[Added 6-7-2010 by L.L. No. 5-2010; amended 3-5-2012 by L.L. No.
3-2012]
That dimension of a driveway as measured across from side
to side or in a direction at right angles to the length.
A structure requiring truck transport to and from a premises
and which is placed outside on a premises as a receptacle for construction,
demolition, or other debris.
[Added 12-4-2006 by L.L. No. 11-2006]
A detached building arranged, designed for or occupied exclusively
as a home or residence for one family doing its own cooking in one
kitchen. It shall not include a building that has any one of the following
anywhere on its parcel:
[Amended 9-7-2004 by L.L. No. 22-2004; 1-3-2006 by L.L. No.
1-2006]
More than one meter for any utility, unless a legal nonconforming use for a two-or-more-family use has been granted by the Board of Appeals pursuant to § 128-90C and/or a home occupation use has been granted by the Board of Trustees pursuant to § 128-6B and the additional meter services only the home occupation space.
More than one kitchen, unless a legal nonconforming use for a two-or-more-family use has been granted by the Board of Appeals pursuant to § 128-90C.
A single individual doing his own cooking in one kitchen
and living upon the premises as a separate housekeeping unit or a
collective body of persons doing its own cooking in one kitchen and
living together upon the premises as a separate housekeeping unit
in a domestic relationship based upon birth, marriage or other domestic
bond, as distinguished from a group occupying a boardinghouse, rooming
house, tourist house, club, fraternity or hotel.
[Amended 9-7-2004 by L.L. No. 23-2004]
The square footage within the perimeter of all structures
and their overhangs on the parcel, excluding any driveways and walkways
but including any patios, divided by the total lot area.
[Amended 9-7-1993]
The space included between the street property line, two
or more side lines and the principal building.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
Any series of plantings, shrubs, bushes or trees that is,
or would in time grow into, a wall of natural screening.
[Added 2-7-2005 by L.L. No. 1-2005]
A person or group of persons living as a single household
utilizing the same cooking and sanitary facilities. All cooking facilities
shall be located in one kitchen.
[Amended 9-7-2004 by L.L. No. 24-2004]
Any area, room, section of a house, building or structure
which contains any two or more of the following:
[Added 9-7-2004 by L.L. No. 25-2004]
A device capable of maintaining and/or preserving
food at a cold temperature, including but not limited to a refrigerator
of any style or type, a refrigerator/freezer, an icebox or a cooler.
Wall cabinets or floor cabinets storing or capable
of storing cutlery, dishes, pots, pans and groceries.
What is known in the trade as "kitchen countertops
or counters."
Any device, structure or utensil capable of
heating and/or cooking food or liquids, including but not limited
to an oven, stove, range, burners or hot plates.
A microwave.
An automatic dishwasher.
[Amended 1-5-2009 by L.L. No. 1-2009]
A nonbathroom sink with a larger than twelve-inch-by-twelve-inch
basin.
[Added 1-5-2009 by L.L. No. 1-2009]
A tract of land under one sole or undivided ownership, vacant or occupied by one principal building or group of buildings and its accessories and open spaces and abutting on one or more streets. In the case of any building hereafter erected, the lot is that tract of land, a description of which is filed with the Code Enforcement Officer as provided in Article X.
A structure mounted on axles and wheels, containing living
facilities and which may be towed by an automobile or truck from place
to place. Such structure will be considered a mobile home for purposes
of this chapter whether or not the wheels and axles are still in place.
Any building or use of a building, other structure or tract
of land which was lawfully existing prior to the adoption or amendment
of this chapter but which does not conform to the use regulations
for the district in which such use is located by reason of such adoption
or amendment.
A structure resembling the box of a box truck and requiring
truck transport to and from a premises and which is placed outside
for storage use.
[Added 2-7-2011 by L.L. No. 5-2011]
All the land contiguously owned and bounded by property lines.
The area of a lot or building used or designed to be used
for the purpose of accessory parking of vehicles. Such area shall
be on or part of the same lot on which the principal use is located.
The space required for each motor vehicle intended or required
to be parked in an off-street parking area.
The standing of a vehicle, whether occupied or not, on public
or private property.
The practice, materials and fixtures utilized in the installation,
maintenance, extension and alteration of all piping, fixtures, plumbing
appliances and plumbing appurtenances, within or adjacent to any structure,
in connection with sanitary drainage or storm drainage facilities,
venting systems and public or private water supply systems, all as
defined by the Plumbing Code of the State of New York.[1]
[Added 9-4-2007 by L.L. No. 6-2007]
That boundary line or succession of boundary lines which
is opposite and most distant from the street property line.
On any lot, an open space (unoccupied, except as hereinafter
specified) included between the rear line, two or more side lines
and the principal building.
A wall designed of static material to retain ground level
with its top on one side and to be open to view to the lower grade
of the ground on its other side.
[Added 8-5-2002 by L.L. No. 8-2002]
A detachable trailer for hauling freight, having its forward
end supported by the rear of its truck tractor when attached.
The least distance from any part of or point on the building
to the side street line or its vertical projection.
The least distance from any part of or point on the building
to the street property line or its vertical projection.
An accessory structure without electric or plumbing service
that is customarily used for storage of items customarily incidental
to the principal use and located separately on the same plot with
the principal use.
[Added 5-3-2004 by L.L. No. 12-2004;
amended 12-5-2016 by L.L. No. 8-2016]
Any lot boundary line not the street property line or the
rear line. A side line may be either a party line, a side street property
line or a line bordering on a street.
An open, unoccupied space included between a side line or
side lines and the principal building and extending from a front yard
to a rear yard.
Any structure, device or display consisting of but not limited
to any letter, symbol, trademark, model, banner, flag, pennant, insignia,
light, decoration, illustration, advertisement, announcement, identification
or other attention-directing intent. A sign does not include the flag,
pennant or insignia of a governmental institution and does not include
any display of official public notices.
The area of the largest single face of the sign within a
perimeter which forms the outside shape, including any frame, or forms
an integral part of the display, but excluding the necessary supports
or uprights on which the sign may be placed. If the sign consists
of more than one section or module, all areas will be totaled.
The location of goods, merchandise, unregistered motor vehicles,
registered or unregistered unattached trailers, shipping containers,
equipment and/or any other materials either inside or outside of a
building.
A structure without electrical or plumbing service, not exceeding
64 square feet in area and not extending more than eight feet above
the property grade, used only for the storage of items customarily
incidental to the principal use and located separately on the same
plot with such principal use.
That portion of a building included between the surface of
any floor and the surface of the floor or roof next above. The first
story of a wall is the lowest story which is 75% or more above the
average level of the ground adjacent to said wall.
A public thoroughfare now existing or indicated on the Building
Zone Map.[2]
In the case of a lot abutting on only one street, the dividing
line between such lot and such street. In the case of any other lot,
one of the dividing lines between the lot and the street shall, subject
to the approval of the Board of Appeals, be elected by the owner to
be the street property line, for the purposes of this chapter, by
noting such election on the plans officially filed with the Code Enforcement
Officer as hereinafter provided.
Anything constructed or built of a static construction or
assembly of materials, the use or occupancy of which requires a fixed
location on the ground or attachment to an object having such a fixed
location. Structures shall include, among others, buildings, sheds,
storage bins, reviewing and display stands, platforms, towers, walls,
berms, fences, swimming pools, decks, billboards, signs and mobile
dwellings.[3]
[Amended 10-1-2001 by L.L. No. 5-2001]
A short truck with a body containing only a cab for the driver,
used to haul detachable trailers.
A combination trucking unit consisting of a tractor and a
trailer or semitrailer.
A vehicle drawn or towed by another vehicle, except motorcycle
sidecars.
A trailer intended for the purpose of moving boats from place
to place.
A trailer containing sleeping and other facilities, the outside
walls of which are partially collapsible into the body of the trailer
to facilitate towing.
A trailer containing sleeping and other facilities, the outside
walls of which are of rigid materials.
A trailer generally used for the hauling of miscellaneous
household and yard materials.
A structure resembling the box of a box truck, and requiring
truck transport to and from a premises and which is placed outside
for storage use.
[Added 3-1-2004 by L.L. No. 7-2004]
The purpose for which land or a building or structure is
designed, arranged or intended or for which it is or may be occupied
or maintained. The term "permitted use" shall be deemed to include
any nonconforming use.
Includes vehicles, automobiles, structures and trailers and
also includes every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power.
[Amended 9-7-1993]
A private way leading to or from a structure on a parcel
and surfaced with the same material as a surfaced driveway or driveway
as are defined by this section and which is constructed on the grade
of its surrounding area and having a maximum width of six feet.
[Added 9-7-1993]
The mean width measured at right angles to the depth.
[Amended 9-7-1993]
A facility at which wind is converted to another form of
energy for distribution to the property upon which it is located or
to others.
[Added 1-4-2010 by L.L. No. 1-2010]
[1]
Editor’s Note: The former definition of "POD," added
4-3-2006 by L.L. No. 4-2006, which immediately followed this definition,
was removed at the request of the Village. See now the definition
of "outside storage container structure."
[2]
Editor's Note: The Building Zone Map is included
in a pocket at the end of this volume.
[3]
Editor's Note: The former definition of "surfaced driveway
or driveway," which immediately followed this definition, was removed
at the request of the Village. See now the definition of "driveway."
