For the purposes of this chapter, certain terms and words shall be interpreted to have the following meanings:
Certain words and terms used in this chapter are defined, for the purposes hereof, as follows:
- Any path or opening for pedestrians, vehicles, or other forms of transport to leave or enter a property or lot from a public highway or private road.
- ACCESSORY BUILDING OR STRUCTURE
- A detached subordinate building or structure, the use of which is customarily incidental to that of a principal building or structure, which is located on the same lot with such principal building or structure.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building or on an adjacent lot, if in the same ownership and a part of the same establishment and contributing to the comfort, convenience or necessity of occupants of the principal building or principal use.
- ADULT DAY CARE
- A licensed facility for aged, infirmed or disabled adults,
which is operated during a part of the day only and which provides
supplementary care and protection of individuals who reside elsewhere.[Added 9-6-2012 by L.L. No. 3-2012]
- A. Any business enterprise or adult entertainment establishment having a substantial or significant part of its operations depicting or relating to "specified sexual activity" or "specified anatomical area" (as defined below) for observation by patrons therein.
- B. A substantial or significant portion of its operations shall be determined to exist if more than 20% of its gross sales receipts comprise items described in A or B hereof or more than 20% of the net square footage of the establishment is dedicated to the display or advertising items described in A or B hereof or if more than 100 square feet of net floor is dedicated to the display or advertising of items described in A or B hereof.
- AGRICULTURAL STRUCTURE
- Any barn, stable, shed, silo, garage, farm housing, farmstand
less than 500 square feet, observation tower or other structure directly
and customarily associated with agriculture or forest management activities
and used in connection with an agricultural use.[Amended 7-13-2010 by L.L. No. 1-2010]
- AGRICULTURAL USE
- The management of land for agriculture such as the raising
of cattle, horses, pigs, poultry and other livestock, aquaculture,
horticulture or orchards including the processing, conversion and
sale of products grown or raised directly on such land, the operation
of feedlots, and the construction, alteration or maintenance of fences,
agricultural roads, agricultural drainage systems and farm ponds.[Amended 5-12-2009 by L.L. No. 1-2009]
- A place where aircraft can land and take off and which may be equipped with hangars, facilities for refueling and repair, and accommodations for passengers.
- ALTERATION OF A STRUCTURE OR BUILDING
- As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities; an enlargement, whether by extending on a side or by increasing height; or the moving from one location or position to another, excluding normal maintenance or repairs.
- The person(s), corporation, agency, or other legal entity responsible for submitting an application for review.
- AUCTION FACILITY
- Any building or lot, or part of a building or lot, primarily
used for the public sale of goods, wares, merchandise or livestock
to the highest bidder.[Added 7-13-2010 by L.L. No. 1-2010]
- AUTOMOBILE SALES AND REPAIR
- The use of land or buildings primarily for the display and sale of new or used motor vehicles and which may include repair or service facilities.
- An institution which deals in money and credit and in which money and/or other valuables may be deposited for safekeeping.
- An establishment devoted primarily to the sale of alcoholic beverages for consumption on the premises; it may serve food as an incidental use. The definition includes the terms "tavern" and "saloon."
- That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
- A residential lodging facility in an owner-occupied dwelling, offering from one to five bedrooms without kitchen facilities and housing transient guests for a daily fee. The facility may provide breakfast.
- BOAT AND MACHINERY SALES AND REPAIR
- The use of land or buildings primarily for the display and sale of new or used farm machinery and/or boats, which may include repair or service facilities.
- BUFFER AREA
- An undeveloped part of a property or an entire property specifically reserved to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
- Any structure wholly or partially enclosed within exterior walls and columns or within exterior and shared walls and a roof, affording shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more fire walls extending from the ground up, each part is deemed a separate building except as regards minimum side yard requirements.
- BUILDING CODE
- The current Uniform Fire Prevention and Building Code of the State of New York.
- BUILDING FACADE
- That portion of a building which faces the street. For buildings
that face more than one street, each side facing a street is considered
a facade.[Added 9-6-2012 by L.L. No. 3-2012]
- BUILDING HEIGHT
- The vertical distance measured from the mean level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, cupolas, ventilators, cooling towers, mechanical equipment, water silos, steeples and radio antennas, and tanks and permitted within this chapter.
- BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
- A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other façade material, semitransparent skylight systems,
roofing materials, and shading over windows.[Added 12-28-2016 by L.L. No. 1-2017]
- BUILDING LINE
- The line of that face of the building nearest the front line of the lot. This face shall include bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof which are over 50 square feet in area.
- BUSINESS INCUBATOR
- A building in which multiple offices are located and in which services and facilities may be shared.
- A plot of ground upon which two or more campsites or seasonal rental cabins are located and maintained for occupancy by tents, camper trailers or other recreational vehicles as temporary living quarters for recreational, educational or vacation purposes. The term "campground" includes the terms "day camp," "group camp," and "travel trailer camp."
- Includes camps, campgrounds, day camps, group camps, travel trailer camps and seasonal rental cabins as defined herein.
- That space of a building that is partially or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
- Property used for internment of the dead.
- CHILD DAY-CARE CENTER
- A place other than an occupied residence providing or designed to provide day care for more than six children at a time.
- CHILD DAY CARE, EXEMPT
- Daytime care or instruction of two or fewer individuals away from their own homes for more than three but less than 24 hours per day on a regular basis by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
- CHILD DAY CARE, FAMILY
- An owner-occupied residence providing or designed to provide day care for at least three but not more than six children at a time and which may allow an additional two school-age children.
- CHILD DAY CARE, GROUP
- An owner-occupied residence providing or designed to provide day care for seven to 12 children at a time and which may allow up to two additional school-age children.
- CHILD DAY CARE, SMALL
- A place other than occupied residence providing or designed to provide day care for up to six children.
- CLUSTER DEVELOPMENT
- A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas without exceeding the overall maximum density permitted by this chapter.
- CODE ENFORCEMENT OFFICER
- The officer, official, or his/her designee charged by the Greenwich Town Board with the enforcement of this chapter.
- Locating two or more cellular antennas or related equipment
on the same telecommunications tower. The term “co-location”
includes locating ground equipment within the footprint of an approved
site plan in accordance with all setback and other requirements.[Added 12-28-2016 by L.L. No. 1-2017]
- The controlled biologic breakdown of organic matter under
aerobic conditions.[Added 5-12-2009 by L.L. No. 1-2009]
- COMPOSTING FACILITY
- A facility for the biological stabilization of waste organic
material including manure of any agricultural variety, bedding material,
waste silage, produce and flora. This does not include animal composting.[Added 5-12-2009 by L.L. No. 1-2009]
- COMPREHENSIVE LAND USE PLAN
- The long-range plan of the Town of Greenwich intended to guide growth and development of the Town, on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity.
- CONSTRUCTION TRAILER
- Any trailer used as an office and/or for storage in connection
with and for the duration of a construction project on the lot where
the construction trailer is located.[Added 9-6-2012 by L.L. No. 3-2012]
- CONTRACTORS YARD
- A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.
- CONVENIENCE STORE
- A retail store contained on one floor with a total floor area of less than 5,000 square feet intended to provide a variety of small goods needed immediately and often by consumers, including newspapers, ready-made food items and candy and which may include gasoline, automobile parts or apparel.
- A place where human or animal remains are cremated.
- CRITICAL ENVIRONMENTAL AREA
- The Rural Agricultural (RA) District of the Town of Greenwich as show on the adopted Town of Greenwich Zoning Map.
- CULTURAL BUILDING OR USE
- An establishment or place that documents social, religious, intellectual and artistic or other achievements or natural phenomena and which may include space for displays and performances.
- DRIVE-IN THEATER
- An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons mainly seated in their automobiles. A drive-in theater may include a refreshment stand as an accessory use.
- A facility allowing customers to place orders and be serviced by an establishment directly from their car.
- DWELLING UNIT
- Any stationary building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including modular, panelized or sectional housing, but not including hotels, boardinghouses and bed-and-breakfasts.
- EDUCATIONAL BUILDINGS AND USES
- Facilities and accessory grounds and structures that provide a curriculum of nursery, elementary, secondary academic and/or postsecondary instruction, including public or private nursery schools, kindergartens, elementary schools, high schools, trade schools or other types of training facilities. Housing for students, faculty and staff is an allowed component of an educational use.
- One or more persons occupying a dwelling unit and living as a single housekeeping unit.
- A structure and/or area in excess of 500 square feet for the display and sale of farm products primarily grown on the property upon which the stand is located.
- FARM WORKER HOUSING
- Dwelling units located on an active farm which are accessory to the agricultural use and are occupied by employees of the farm or members of the farm household and their guests. Farm worker housing may consist of single or multifamily dwellings or buildings, including single or double-wide trailers and mobile homes, and/or apartments. Farm worker housing shall be located on the same parcel as the agricultural use and may not be subdivided from the agricultural use. Farm worker housing may not be rented to persons not primarily employed on the farm on which it is located.
- FAST-FOOD RESTAURANT
- An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the establishment or off the premises. A fast-food restaurant may include a drive-through.
- FLOOD HAZARD AREA
- Land subject to a one-percent or greater chance of flooding in any given year, also referred to as the "one-hundred-year floodplain," as determined by the Federal Emergency Management Agency.
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height as determined by the Federal Emergency Management Agency.
- FORESTRY USE
- Any management, including logging of a forest, woodland or plantation and related research and education, including the construction and maintenance of forestry use structures, wood roads, skidways, landings, fences and drainage systems.
- FORESTRY USE STRUCTURE
- Any barn, shed, garage, research, educational or administrative building or cabin directly and customarily associated with forestry use.
- That side of a lot abutting a Town road or a road meeting Town road standards, ordinarily regarded as the front of the lot. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to a road shall be considered frontage.
- FUNERAL HOME
- 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.
- GAME FARM
- A place where the hunting of game is made available to the public in exchange for compensation.
- GAS STATION
- A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where automotive repairs may be made and automobiles may be washed. This definition includes the repair, painting, cleaning and detailing of automobile bodies.
- The leveling of land for site development purposes, including the construction of roads, building construction, drainage areas and parking.
- GROCERY STORE
- An establishment where food and related items are sold and which may include a pharmacy and services such as banking. The definition includes the term "supermarket."
- GROUND-MOUNTED SOLAR ENERGY SYSTEM
- A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.[Added 12-28-2016 by L.L. No. 1-2017]
- HOME OCCUPATION TYPE 1
- A profession or trade conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof and does not involve the employment of more than one full-time equivalent person who does not reside in the residence. Additional persons may be employed off-premises.
- HOME OCCUPATION TYPE 2
- A profession or trade conducted entirely within a dwelling and/or an accessory structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes and does not change the character thereof. A Type 2 home occupation may employ up to three full-time equivalent persons on the premises. Additional persons may be employed off-premises. The sale of stock-in-trade or the entertainment of clients may be allowed. A special use permit is required for a Type 2 home occupation.
- HORSE FARM
- The building and land on which horses are kept for the commercial uses of breeding, selling, raising, rehabilitating, training and retirement. A horse farm may not engage in holding competitive events or giving instruction in riding, driving or other equine sports. Horses may not be hired out.
- HORSE-RIDING STABLE
- A commercial establishment where horses may be trained for riding, driving, jumping, dressage, rodeo and other equine sports. Riding lessons may be given, horses may be bought and sold, and owners may board their horses in order to utilize the facilities. Learning clinics and competitive events may be held.
- An institution providing health services primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. The definition includes medical buildings, clinics and uses.
- HOUSE, MULTIFAMILY
- A building designed for occupancy by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
- HOUSE, SINGLE-FAMILY
- A building designated for or occupied exclusively by one family and containing not more than one dwelling unit. A double-wide mobile home that conforms to all current New York State codes and standards is considered a single-family house; a single-wide mobile home is not, except that a single-wide mobile home may be used for farm worker housing.
- HOUSE, TWO-FAMILY
- A building occupied by two families where not more than two individual dwelling units are separated by vertical walls or horizontal floors. The definition includes the term "in-law apartment."
- INDUSTRY, HEAVY
- The manufacture, assembly or processing of products which involves the large-scale transformation of raw materials into finished products and which may involve the exterior storage of raw materials or finished products. Retail sales of finished products are allowed.
- INDUSTRY, LIGHT
- The manufacture or assembly of any article, substance or commodity but which does not involve the exterior storage of raw materials and which does not involve the large-scale transformation of raw materials into finished products. Retail sales of finished products are allowed.
- IN-LAW APARTMENT
- A single dwelling unit contained within and accessory to a single-family detached structure or located within the unattached garage of a single dwelling unit.
- JUNK VEHICLE
- Any unregistered, used motor vehicle or vessel originally
designed for use on public roads or waters, which is no longer in
condition for legal use on public highways or waters. This term does
not include farm and agricultural equipment designed primarily for
use on a farm.[Added 9-6-2012 by L.L. No. 3-2012]
- Buildings, structures, or premises where junk, waste, or discarded or salvage materials are bought or sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, but not including premises for the purchase and/or storage of used furniture and household equipment in operable condition or used cars in operable condition.
- An establishment which houses dogs, cats or other domestic animals more than four months of age and where the breeding, boarding, training or selling of animals is conducted as a business.
- LAND CLEARING
- The cutting of substantially all of the vegetation on a parcel of land.
- LARGE-SCALE SOLAR ENERGY SYSTEM
- A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.[Added 12-28-2016 by L.L. No. 1-2017]
- A business which transports people by motor vehicle for a
fee and may include facilities for the storage and/or maintenance
of said vehicles. Excludes situations where no fee is charged.[Added 7-13-2010 by L.L. No. 1-2010]
- LOADING AREA
- An off-street space or berth, no smaller than a parking space, used for loading or unloading vehicles.
- A parcel of land having a distinct and defined boundary as described in a separate deed, occupied or capable of being occupied by a building or buildings and by accessory buildings and/or uses, including such open spaces as are required by this chapter, and having frontage on an existing or proposed road.
- LOT AREA
- The computed area maintained within the lot lines.
- LOT, CORNER
- A lot abutting upon two or more streets, roads or highways at their intersection or upon two parts of the same street, road or highway, such streets, roads or highways or parts of the same street, road or highway forming an interior angle of less than 105°. The point of intersection of the street lot lines is the corner.
- LOT COVERAGE
- The total area of a lot covered by buildings, parking lots, sidewalks and all other impervious surfaces.
- LOT LINE, FRONT
- The line separating the lot from a street, road, highway
or right-of-way line of an adjoining public roadway.[Amended 9-6-2012 by L.L. No. 3-2012]
- LOT LINE, REAR
- The lot line opposite and most distant from the front lot line.
- LOT LINES
- The property lines bounding the lot.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line. A side lot line separating a lot from a street, road or highway is called a "side street, road or highway lot line."
- LOT WIDTH
- The width of the lot at the building line measured at right angles to its depth.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, which
in the travelling mode is eight body feet or more in width or 40 body
feet or more in length or when erected on site is 320 or more square
feet and which is built upon a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein and which contains
a HUD seal. The term "manufactured home" does not include the term
"mobile home."[Added 9-6-2012 by L.L. No. 3-2012]
- MANUFACTURED HOME LOT
- A designated site of specific total land area within a manufactured
home park for the accommodation of one manufactured home and its occupants.[Added 9-6-2012 by L.L. No. 3-2012]
- MANUFACTURED HOME PARK
- Any parcel of land whereon two or more manufactured homes are parked or located or which is planned and improved for the placement of two or more manufactured homes and which is held open to the public for the parking or placement of manufactured homes.
- MANUFACTURED HOME STAND
- A stand of durable material capable of supporting a manufactured
home and which may be as described in the NCSBCS Standard for Manufactured
Home Installations, NCSBCS/ANSI A225.1.[Added 9-6-2012 by L.L. No. 3-2012]
- A facility for the storing, servicing, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews and guests.
- MEMBERSHIP CLUB
- A building or place used by a group of people organized for a common purpose to pursue common goals or interests. A membership club may include a tavern and restaurant for use of its members and guests.
- Any extraction, other than specimens or samples, of 50 or more cubic yards in any 12 consecutive months from the land of any earth, rock, gravel, sand, topsoil or other underground materials, including the construction, alteration or maintenance of mine roads, mine tailing piles or dumps and mine drainage. The removal of regulated materials below the threshold specified in this definition shall not be regulated by this chapter.
- MIXED-USE DEVELOPMENT
- A building or site which contains multiple uses.
- MOBILE HOME
- A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living and which was constructed before June 1, 1976,
and which does not contain a HUD seal and which is designed or intended
to be used as a dwelling.[Added 9-6-2012 by L.L. No. 3-2012]
- A building or group of buildings, whether attached or detached, containing for hire individual living and sleeping accommodations, each of which is considered a unit, is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment, including a "hotel" or an "inn." A motel may provide additional services, such as restaurants, meeting rooms and recreation facilities.
- MUNICIPAL BUILDING, USE OR SERVICE
- Facilities, structures or places owned and operated by the Town of Greenwich or other government entities for the conduct of municipal or government business, including but not limited to municipal office buildings, schools, police and fire stations, public works garages and facilities, public safety facilities, solid waste disposal facilities, sewerage systems, sewage disposal facilities and similar uses.
- NONCONFORMING LOT, USE OR BUILDING
- A use, activity or structure which may have existed lawfully prior to the adoption, revision or amendment of this chapter but which fails to comply with the regulations currently applying to the district in which it is located.
- The growing, cultivation, storage and sale of garden plants, flowers, trees, shrubs and lawn and garden supplies to retail and wholesale users. The definition includes the operation of associated businesses such as landscaping.
- NURSING OR CONVALESCENT HOME
- A state-licensed residential care facility in which nursing and medical services are performed under the general direction of persons licensed to practice in the State of New York, for the accommodation of convalescent or other persons who are not in need of hospital care but who do require, on a twenty-four-hour basis, nursing care and related medical services. This definition shall include skilled nursing facilities, intermediate care facilities, nursing facilities and life care facilities.
- A building or room(s) within a building used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment.
- OPEN SPACE
- A parcel or parcels of land or an area of water or a combination of land and water which may be valued for natural processes and wildlife protection, agricultural, or for active or passive public recreation and/or for providing other public benefits designed and intended for the private or public use or enjoyment of the space. Open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the place.
- A tract of land, which may be either publicly or privately owned, which is available to the public for passive recreational uses such as hiking, bicycling, cross-country skiing, boating and nature study.
- PARKING LOT
- Any space for the storage of more than three vehicles on a continuing basis, such space being either for hire or accessory to an existing building or use of land.
- Any individual, corporation, partnership, association, trustee or other legal nongovernmental entity.
- PERSONAL SERVICE ESTABLISHMENT
- A business with the primary purpose of providing service to individual consumers, such as shoe repair, dry cleaning, laundromat, barbershop, beauty parlor or bank.
- The design of a development, including a plat of a subdivision, all covenants relating to use, location and bulk of buildings and other structures, the intensity of use or density of development and private streets, ways and parking facilities. The phrase "provisions of the plan," when used in these regulations, shall mean the written and graphic materials referred to in this definition.
- PLANNING BOARD
- The Planning Board of the Town of Greenwich, New York, as appointed by the Town Board of the Town of Greenwich, New York.
- In a manufactured home park, land within which a manufactured
home may be located.[Added 9-6-2012 by L.L. No. 3-2012]
- PRINCIPAL BUILDING
- The building in which the primary use or function of the lot is conducted. More than one principal building may be constructed on a lot, provided that all of the area requirements of each building are met.
- PRINCIPAL USE
- The use which is primary and dominant to the lot. More than one principal use may be constructed on a lot, provided that all of the area requirements for each use are met.
- PRIVATE UTILITY BUILDING, USE OR SERVICE
- A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, gas, electric, telephone or other private utility service. However, the use of small-scale utility generation facilities for personal use, such as solar or wind energy, is exempted from regulation by this chapter.
- PUBLIC UTILITY BUILDING, USE OR SERVICE
- A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, wind energy, gas, electric, telephone or other public utility service.
- RECREATIONAL USE, INDOOR
- A structure containing facilities for recreational activities such as bowling, tennis, swimming, exercise rooms, arcades and similar activities.
- RECREATIONAL USE, OUTDOOR
- A place designed for the use of recreational or leisure facilities,
including but not limited to a golf course, miniature golf, tennis
club, skating rink, cross-country ski center or field for sporting
activities, specifically excluding a "park" as defined above. This
term does not preclude the use of private property by its owners and
their occasional guests for personal recreational activity.[Amended 9-6-2012 by L.L. No. 3-2012]
- RELIGIOUS BUILDING/USE
- An institution that people regularly attend to participate in or hold worship services, meetings and other activities The term shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.
- RESIDENTIAL TREATMENT FACILITY
- A facility operated by a not-for-profit agency as defined
and regulated by the State of New York Office of Mental Health providing
fully integrated mental health treatment services to seriously emotionally
disturbed youth between the ages of 5 and 18 who are voluntarily admitted
to the facility.[Added 12-28-2016 by L.L. No. 1-2017]
- A facility for transient guests where the primary attractions are recreational facilities or amenities.
- An establishment which serves prepared meals for consumption on the premises or for takeout and which may include the incidental sale of alcoholic beverages. It does not include a drive-through.
- RETAIL USE
- A business engaged in the sale of commodities to walk-in consumers for direct consumption and not for resale, excluding gas stations and convenience stores. A retail use may include the assembly and small-scale manufacturing of products for sale on site.
- The high point of a hill or mountain or of a chain of hills or mountains.
- ROAD, STREET or HIGHWAY
- A public thoroughfare which affords the principal means of access to abutting property, including an avenue, plan, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley.
- ROOF-MOUNTED SOLAR ENERGY SYSTEM
- A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.[Added 12-28-2016 by L.L. No. 1-2017]
- Fences, bushes or trees or other natural and/or artificial material which obscures the visual character of any given building or use of land.
- SELF-STORAGE FACILITY
- A building or group of buildings containing separate individual and private storage spaces of varying sizes and available for lease or rent for varying periods of time.
- SETBACK, FRONT
- The required minimum distance between the building line of a building and the related right-of-way line of the adjoining public roadway. If there is no public roadway, the setback shall be measured from the adjoining front lot line. (See "building line" and "lot line, front.")
- SETBACK, REAR
- The required minimum distance between a rear lot line and the rear of a building. The building rear line shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof which are over 50 square feet in area.
- SETBACK, SIDE
- The required minimum distance between a side lot line and the closest side of a building. The building side shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof which are over 50 square feet in area.
- SHOOTING RANGE
- A place where individuals gather to practice marksmanship of any kind. This term does not preclude the use of private property by its owners and their occasional guests for personal recreational activity.
- SHOPPING CENTER
- A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for delivery separated from customer access, and coordinated landscaping and signage.
- Any material, structure or device or part thereof, composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed when used or located for display of an advertisement,
announcement, notice, directional matter, or name, and includes any
portable, fixed, temporary or permanent sign frames, billboards, sign
boards, roof signs, painted walls, wall signs, hanging signs, freestanding
signs, exterior window signs, pennants, banners, fluttering devices,
projecting signs or ground signs, balloons affixed to the ground in
any manner and also includes any announcement, declarations, demonstrations,
displays, illustration or insignia, any letter, word, number, clock,
thermometer, light or combination of lights, used to advertise or
promote the interest of any person or business when the same are placed
in view of the general public. However, any of the above which is
placed inside of a building where it is visible through a window shall
not be considered or regulated as a sign.[Amended 9-6-2012 by L.L. No. 3-2012]
- SIGN, ANIMATED
- Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.[Added 9-6-2012 by L.L. No. 3-2012]
- SIGN FACE
- The entire area of one side of a sign within a single continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting the sign shall be excluded unless the structure is designed in a way to form an integral background for the display.
- SIGN, MESSAGE
- Any sign displaying noncommercial information including,
but not limited to, support for a charity, community event or the
military.[Added 9-6-2012 by L.L. No. 3-2012]
- SIGN, OFF-SITE COMMERCIAL
- A sign where the purpose of the sign is to advertise or promote
the interest of any person or business not located within the legal
limits of the property on which the sign is located.[Added 9-6-2012 by L.L. No. 3-2012]
- SIGN, SANDWICH BOARD
- A nonilluminated sign that may be carried from one location
to another, self-supporting and designed to be temporarily placed
without a permanent base or fastening.[Added 9-6-2012 by L.L. No. 3-2012]
- SIGN, TEMPORARY
- Any sign relating to a sale, activity or event which sign
is not permanently affixed to the ground or a structure and which
is removed after the time periods specified herein.[Added 9-6-2012 by L.L. No. 3-2012]
- SITE PLAN
- Maps, drawings and supporting data describing a project proposal or development plan for one or more lots on which are shown the existing or proposed conditions of the lot, submitted to the Planning Board for Planning Board review.
- An establishment where animals are processed into food and/or
by-products and which may include the areas where animals are kept
prior to processing. This definition does not include the term "rendering
plant" nor does this definition include any process for disposal of
the animal carcasses and remains whether by composting or other methods,
except as incidental to the operation of the slaughterhouse.[Amended 5-12-2009 by L.L. No. 1-2009]
- SMALL BUSINESS, EXISTING
- Any business employing not more than five people (either full- or part-time) and whose proposed facility, once fully built, does not exceed 2,500 feet in size. Proof of the number of employees may be established by delivery of verified statements of the names of employees for the prior two calendar years or copies of the W-3's filed for the preceding two calendar years.
- SMALL BUSINESS, NEW
- Any business whose written business plan and projections do not exceed any of the criteria established hereinabove for an existing small business, i.e., a verified written business plan projecting not more than five employees at the end of the third year and a facility not in excess of 2,500 square feet.
- SOLAR ENERGY EQUIPMENT
- Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.[Added 12-28-2016 by L.L. No. 1-2017]
- SOLAR ENERGY SYSTEM
- An electrical generating system composed of a combination
of both solar panels and solar energy equipment.[Added 12-28-2016 by L.L. No. 1-2017]
- SOLAR PANEL
- A photovoltaic device capable of collecting and converting
solar energy into electrical energy.[Added 12-28-2016 by L.L. No. 1-2017]
- SOLID WASTE
- Waste material as define by New York State in NYCRR Part 360-1-2(a), but not including hazardous waste as defined by NYCRR Part 371-1(d).
- SOLID WASTE PROCESSING
- The disposal of municipal solid waste in a sanitary landfill or the operation of a transfer station for municipal solid waste or paper mill sludge.
- SPECIAL USE
- A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before it may be permitted in a district.
- STORAGE CONTAINER
- A container with minimum external dimensions of 9 1/2
feet long by eight feet wide by 8 1/2 feet tall used for the
storage of material, goods or objects.[Added 9-6-2012 by L.L. No. 3-2012]
- Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including stationary and portable carports.
- TELECOMMUNICATIONS TOWER
- Any structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communications).
- A place of assembly for the showing of movies and/or the production of plays and special events.
- A structure standing on wheels, towed or hauled by another
vehicle, and used for storage or transport of material, goods or objects.[Added 9-6-2012 by L.L. No. 3-2012]
- TRAVEL TRAILER
- Any vehicle principally designed or principally used for
temporary living quarters for travel, recreation or vacation purposes
and duly licensed as such. This includes, without limitation, tent
trailers, truck campers, motor homes and the like.[Added 9-6-2012 by L.L. No. 3-2012]
- Permission by the Zoning Board of Appeals to use land for a use or in a configuration which is not in accordance with or is prohibited by the applicable zoning regulations.
- VARIANCE, AREA
- The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
- VARIANCE, USE
- The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
- VETERINARY ESTABLISHMENT
- A person, structure or place for the medical care and treatment of animals. The overnight boarding of animals not under the care of a veterinarian shall constitute a "kennel."
- A building designed or used as a wholesale storage and distribution center.
- WIND ENERGY
- A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill"). The definition includes all related infrastructure, electrical lines and substations, access roads and accessory structures to such facilities.
- An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
- YARD, FRONT
- An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unoccupied, shall be considered as part of the principal building and shall not project into a required front yard.
- YARD, REAR
- An open space extending across the entire width of the lot between the rear wall of the principal building and the rear line of the lot and unoccupied except for accessory buildings and open porches.
- YARD, SIDE
- An open 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 for two feet or other than rainwater leaders, windowsills and other such fixtures and open steps.
- A place where animals are kept, often in a combination of indoor and outdoor spaces, and are viewed by the public.
Editor's Note: This local law also repealed the former definition of "sign, commercial and off-site commercial," as amended.