The present tense shall include the future;
the singular number shall include the plural and the plural, the singular.
The word "shall" is always mandatory.
[Amended 2-7-1977 by L.L. No. 2-1977; 5-15-1978 by L.L. No.
3-1978; 7-9-1979 by L.L. No. 4-1979; 4-8-1985 by L.L. No.
1-1985; 9-10-1990 by L.L. No. 8-1990; 12-16-1996 by L.L. No.
6-1996; 4-21-1997 by L.L. No. 4-1997; 8-18-1997 by L.L. No.
5-1997; 12-17-2001 by L.L. No. 8-2001; 8-16-2004 by L.L. No.
3-2004; 10-17-2005 by L.L. No. 2-2005; 10-17-2005 by L.L. No.
3-2005; 9-20-2010 by L.L. No. 7-2010]
Certain words and terms used in this Code are defined for the
purposes thereof, as follows. If a term or word is not included in
this list then the definition contained in the New York State Uniform
Fire Prevention and Building Code, as modified at the time of use,
shall be the definition for this Zoning Chapter.
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, publications, tapes,
or films that are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to sexual activities
or anatomical genital areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances characterized by the exposure of specified
anatomical areas or by specified sexual activities.
An adult cabaret or adult theater.
The production of crops, plants or vines and trees.
A public way having a right-of-way width of 20 feet or less.
The keeping, grazing, feeding and care of animals other than
household pets.
When referring to the required area per dwelling unit means
net land area, the area exclusive of streets and other public space.
One which does not involve a use which is prohibited by the
Zoning Chapter, for example, involving such matters as setback lines,
frontage requirements, lot size restrictions, density regulations,
height limitations and yard requirements.
An open area, other than a street or way, used for the display
or sale of new or used automobiles.
The dismantling, wrecking or burning of used automobiles
or the storage, sale or dumping of dismantled, partially dismantled
or wrecked vehicles or their parts.
A story partly underground but having at least 1/2 its height
above the average outside ground level.
An owner-managed occupation conducted by the owner-occupant
of a one- or two-family home that provides one to four rooms for paying
guests on an overnight basis. Guest occupancy periods shall not exceed
21 consecutive days. The occupancy of such a bed-and-breakfast home
is limited to two persons or one family per lodging unit or guest
room.
An owner-managed occupation that provides five to 10 guest
rooms, limited to two persons or one family per lodging unit or guest
room, on an overnight basis for periods not to exceed 21 days.
The length of a street between two street intersections.
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.
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 clearly incidental to, or customarily found in connection
with, the principal use of the premises, including home office occupations
as defined herein. An accessory use shall not occupy more than 25%
of the total aboveground floor area of such principal building.
Any addition to a building; any change in use from one district
classification to another or removal of a building from 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 ceiling of the top story in the case of a flat roof,
to the deck line of mansard roof and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
An established building or structure lawfully existing prior
to and at the time of the adoption of the chapter which, because of
its inherent nature of construction, does not conform to and with
the provisions of this chapter for the district in which it is located.
A building, including covered porches, 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 the same is situated.
An amusement show, usually traveling from place to place,
having side shows, Ferris wheels, merry-go-rounds, etc.
An establishment for the washing of motor vehicles as a principal
use.
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 side shows 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.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods, such as salads, for on- or off-site
consumption.
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.
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.
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied, for living purposes.
A dwelling containing three or more dwelling units.
A dwelling containing only one dwelling unit.
A dwelling containing no more than two dwelling units.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, seating, cooking and sanitation.
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.
A building or group of buildings, usually with equipment,
where goods are manufactured.
An occasional or periodic competitive exhibition of farm
products and livestock, usually accompanied by amusement features
and for which an admission fee is charged.
Any number of individuals living together as a single unit,
using rooms and housekeeping facilities in common and having such
meals as they eat at home generally prepared and eaten together.
Any parcel of land containing at least five acres, which
land is used 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, commercial stables and dog kennels,
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 and 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 place of residence which is occupied and/or operated by
a membership association or the members thereof, such as a fraternity,
sorority or social organization, or any other association of persons,
whether unincorporated or incorporated under the laws of the State
of New York, which provides domestic, social or other facilities or
services to the association as a whole, or the members thereof. This
term shall include the grounds, as well as buildings and appurtenances
pertaining thereto, as well as any adjacent premises, if directly
or indirectly under the control of such association or members thereof.
A garage not conducted as a business or used for the storage
space of 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 Village.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A profession or vocation, full-time or part-time, conducted
entirely within a dwelling by the inhabitants thereof, or within a
building or other structure accessory to the dwelling, which use is
secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof.
Home office occupations specifically include:
The office or studio of a physician or surgeon, dentist, artist,
musician, lawyer, architect, engineer, teacher, realtor, insurance
agent, accountant, or other professional person who offers skilled
services to clients.
Millinery and dressmaking.
Mail-order services, barber, beautician, tutoring, furniture
repair.
The giving of music, arts and crafts or dance instruction limited
to two pupils at one time.
Certain occupations shall not be conducted as home office occupations,
specifically the following:
Similar occupations may be classified as home office occupations
by the Planning Board at the time of application.
Any occupation that, on a routine basis, derives income that
would be liable for inclusion in gross income as required by federal
or state income tax laws and/or subject to New York State sales tax
shall obtain a home office occupation permit, if eligible for one,
or other appropriate zoning approval before commencing.
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.
See "motel."
Includes the entire range of economic activity and as applied
to specifics, i.e., manufacturing, wholesale, retail, services, etc.,
shall have the meaning set torch in the Standard Industrial Classification
Manual, published by the Executive Office of the President, Bureau
of the Budget, 1957.
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; 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."
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.
A piece, parcel or plot of land occupied or 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.
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
of the curve at its 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°.
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.
A lot other than a corner lot.
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 the enactment as shown on the
records of the Delaware 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.
Any operation, other than in connection with foundations
for structures or highway construction, involving:
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 1,100 square feet or less, with or without its own
motive power, equipped or used for living purposes and mounted on
wheels or designed to be so mounted and transported on a flatbed trailer.
Any lot on which two or more mobile homes are located, regardless
of whether or not a charge is made for such accommodations.
A public inn containing not less than four 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 used by a motor freight company regulated by
the Public Services Commission of New York and/or the Interstate Commerce
Commission as a carrier of goods, which premises 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 "state of nudity."
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.
The utilization of a building, structure or land.
An unoccupied space open to the sky, required by the terms
of this chapter.
For the purpose of computing the number of parking spaces
available in a given area, the ratio of 300 square feet per parking
space shall be used.
A porch open on three sides, except for wire screening. A
porch shall not be considered open if enclosed by either 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.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading preparatory to the construction
of a building or highway construction.
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.
A private hospital, whether or not such a facility is operated
for profit.
Any place of instruction in any branch of knowledge.
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.
Same as the definition of "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.
Any business or commercial activity involving on-premises,
for-profit presentation or display of one or more persons in a state
of nudity. Such presentation or display includes live or filmed performances
and/or printed displays.
A one-story accessory building having no permanent foundation
and having a floor area of less than 150 square feet, used principally
for housing of pets, household and garden equipment or for use as
a child's playhouse and not for any commercial purpose.
A facility adjacent to and outside of the permanent structure
of a restaurant for the sale of food and/or beverages and not including
facilities for the sale of any other kind or type of goods, wares,
merchandise or services.
Any structure or part thereof attached thereto or painted
or represented thereon, which shall display or include any letter,
word, 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
or the property thereof.
A sign which directs attention to a business, profession
or industry located on the premises where the sign is displayed or
to the type of products sold, manufactured or assembled and/or to
service or entertainment offered on said premises.
A sign advertising the sale of farm products raised on the
premises.
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.
A sign, other than one provided by public traffic control
authorities, used to provide only directional information relative
to entrances, exits and traffic circulation.
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.
The appearance of bare buttocks, male genitals, female genitals
or full female breast.
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, which way is greater
than 20 feet in width.
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.
A departmentalized self-service chain or independent retail
market that sells food, convenience goods and household merchandise
arranged in an open mass display, and has a gross floor area in excess
of 4,000 square feet.
Any body of water (excluding natural bodies of water fed
by rivers, streams or brooks) or receptacle for water having a depth,
at any point, greater than two feet, used or intended to be used for
swimming or bathing, and constructed, installed or maintained in or
on the ground outside any building.
A building or part of a building devoted to presenting entertainment
on a paid-admission basis.
A vehicle designed exclusively for the transportation of
one boat of less than ten-foot beam and twenty-four-foot length.
A vehicle or portable structure not over 150 square feet
in floor area, equipped but not regularly used for sleeping, but without
sanitary facilities.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
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.
An established use of a building or structure or use of land
lawfully existing prior to or at the time of the adoption or amendment
of this chapter, which use does not conform with the permitted use
provisions of this chapter as they apply to the district in which
the building, structure or land is located.
One which permits a use of land which is proscribed by the
zoning regulations, for example, a variance to permit a commercial
use in a residential area.
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 building line or front main wall of a building and the
front property line (street or road right-of-way line) and into which
space there shall be no extension of building parts other than steps,
open porches, eaves, cornices and similar fixtures.
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 specified for the zoning district in which
the lot is situated, and unoccupied except for accessory buildings
and open porches which, in the aggregate, shall occupy not more than
35% of the area.
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, into
which space there shall be no extension of building parts other than
eaves with an overhang of not more than two feet, rainwater leaders,
window sills and other such fixtures and open steps for a distance
not exceeding four feet.
