Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural
and the plural the singular, and the word "shall" is intended to be
mandatory.
Any question as to the precise meaning of any word used in this
chapter may be appealed to the Zoning Board of Appeals and clarified
under their powers of interpretation.
Specifically defined words are as follows:
A second dwelling unit located on the same lot as a principal
single-family dwelling, located either within the principal dwelling
or within an accessory structure, which is subordinate to the principal
dwelling in terms of size, location, and appearance. Such a dwelling
is an accessory use to the principal dwelling.
A structure incidental and subordinate to the principal structure
and located on the same lot with such principal structure, including
private garages. Where an accessory structure is attached to the principal
structure in a substantial manner, as by a wall or roof, such accessory
structure shall be considered part of the main structure.
A use customarily incidental and subordinate to a principal
use and located on the same lot.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
Any business or activity conducted for gain, either as a
principal or accessory use, which devotes or intends to devote more
than 25 square feet of net floor area or more than 10% of its total
net floor area, whichever is less, or more than 10% of the volume
of its stock, to display, exhibit or disseminate material distinguished
or characterized by emphasis on the display or depiction of sexual
activity or specified anatomical areas, regardless of whether by live
entertainment, motion picture, videocassette, photograph, cartoon
or other means, in a manner unsuitable for viewing by minors or otherwise
prohibited by the statutes of New York State.
Shall be land used primarily for agricultural purposes in
a commercial manner. "Agricultural use," therefore, is a principal
use and must be on land consisting of at least two acres, and is used
for raising livestock, agricultural products, including farm structure
and storage of agricultural equipment; riding and boarding stables;
and as an accessory use sale of agricultural or forest products raised
on the property. This definition is not intended to cover accessory
agricultural uses by homeowners who wish to have gardens or raise
other agricultural products for personal use.
[Amended 6-17-2015 by L.L. No. 7-2015]
Two or more multifamily dwellings on a single lot.
A house, or portion thereof, where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the
premises or in adjacent premises.
A building other than a hotel or motel containing a shared
kitchen and/or dining room in which as least three but not more than
six sleeping rooms are offered for rent, with or without meals.
An eating and drinking establishment where certain beverages
are prepared on the premises for on-site consumption. The brewing
and retail sale of such beverages is accessory to the eating and drinking
establishment.
[Added 2-17-2021 by L.L. No. 1-2021]
A structure having a roof supported by columns or walls and
intended for the shelter or enclosure of persons, animals or property.
The wall of a building that faces the street that is included
in the property address.
The vertical distance of a building measured from the average
elevation of the finished grade at the front of the building to a)
the highest point of the roof for flat and mansard roofs, or b) the
average height between eaves and ridge for other types of roofs.
A building or premises or portions thereof used for the cleaning,
washing, polishing, or waxing of motor vehicles.
Property used for the interment of the dead.
A certification by the Zoning Officer that a lot, structure,
or use of land has been developed in conformity with an approved zoning
permit and/or complies with the provisions of this chapter, and may
be occupied and used for the purposes specified in such zoning permit
and/or certificate of compliance.
A building or use catering exclusively to club members and
their guests for recreational purposes, not operated primarily for
profit, including YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious
and similar clubs which may have dormitory accommodations.
A facility where retail sales and service are conducted,
including sales and service for new and used automobiles, trucks,
mobile homes, boats, recreational vehicles, farm implements, tree
nurseries and other large items stored outdoors for retail sales;
business or institutions providing overnight accommodations; institutional
residences or care or confinement facilities; and storage and parking
facilities. This definition shall not include "group dwellings."
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
A building used for recreational, social, educational and
cultural activities, owned and operated by a public or nonprofit group
or agency.
Any planned gathering on public property consisting of 50
or more people, or any-sized event which blocks or reserves access
to public property or a right-of-way. Examples include but are not
limited to preplanned marches; demonstrations; parades; and weddings.
[Added 6-19-2019 by L.L. No. 4-2019]
A retail establishment offering for sale food products, household
items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
See "lot coverage."
A use defined as "child day-care" in Section 390 of Social
Services Law.
A building or part thereof used as living quarters, and not
including a motel, hotel, boarding house, bed and breakfast, trailer
or similar structure.
A dwelling intended to house a group of individuals not related
by blood, marriage, adoption or guardianship living together as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship providing organization
and stability.
A dwelling, other than a manufactured home, containing no
more than one dwelling unit. This definition includes modular homes.
A dwelling, other than a manufactured home, containing three
or more dwelling units.
A dwelling, other than a manufactured home, containing no
more than two dwelling units. This definition includes modular homes.
A building or part thereof used as self-contained living
quarters for one family living independently with cooking and bathing
facilities.
A use which provides physical facilities which permit the
service of customers while remaining in their motor vehicle.
The operation or maintenance by municipal agencies or public
or private utilities of telephone dial equipment centers; electrical
or gas substations; water treatment, storage and transmission facilities;
pumping stations; and similar facilities; but not including power
generation facilities.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit, provided that
unless all members are related by blood, marriage or adoption, no
such single housekeeping unit shall contain more than five members.
Signs that are secured in the ground and which are not attached
to, supported by, or erected on a building or other structure having
a principal function other than the support of such signs.
A building used for the preparation of the deceased for burial
or cremation, the display of the deceased and ceremonies connected
therewith before burial or cremation.
A building used for the storage of automotive vehicles operated
as a business enterprise with a service charge or fee being paid to
the owner or operator for the parking of privately owned vehicles.
A building designed and used for the storage, care, repair,
or refinishing of motorized vehicles including both minor and major
mechanical overhauling, paint, and body work.
See "retail gasoline outlet."
A boundary formed by closely growing bushes or shrubs.
See "building height."
An occupation, profession, business activity, or use that
is clearly a customary, incidental, and secondary use of a dwelling,
and which does not alter the exterior of the property or affect the
residential character of the neighborhood.
A building or structure for the diagnosis and treatment of
human ailments (including obstetric and psychiatric care) and the
furnishing of medical and surgical care on an overnight basis.
A building containing primary hotel units, for the purpose
of furnishing lodging, with or without meals, for transient occupancy;
and with management maintaining a register, and providing daily housekeeping
and other incidental services, including desk, telephone, or bellboy
services.
Those fields of economic activity including manufacturing;
construction; transportation; communication; electric, gas and sanitary
services; other than those uses otherwise defined in this chapter;
and excluding those uses prohibited by this chapter.
Land or buildings used for collecting, storage or sale of
wastepaper, rags, scrap metal or discarded material; or for the collecting,
wrecking, dismantling, storage, salvaging and sale of machinery parts
or the presence of junk vehicles further defined as any motor vehicle,
whether automobile, bus, trailer, truck, tractor-trailer, motor home,
motorcycle, bicycle, mini-bicycle, snowmobile or any other device
originally intended for travel on a public highway that meets any
of the following: is unlicensed, abandoned, wrecked, stored, discarded,
partly dismantled and not in condition to be used upon a public highway.
[Amended 6-17-2020 by L.L. No. 4-2020]
A use involving the assembly, manufacturing and/or processing
of a product, but not producing noisy or otherwise objectionable disturbances
such as vibration, dust, odors, or heavy truck traffic, and not involving
the use of heavy machinery.
[Added 2-17-2021 by L.L. No. 1-2021]
Land occupied or to be occupied by a principal use or structure
and accessory uses or structures, together with such open spaces as
are required, having not less than the minimum area, width and depth
required for a lot in the zone in which such land is situated, and
having frontage on a street, or other means of access.
The total area within the property lines of a lot excluding
any part lying within the boundaries of an existing or proposed public
street.
That the percentage of the lot area covered by the building
area, including all principal and accessory structures, decks, porches,
and carports which are open at the sides, but excluding parking lots
and access driveways and roadways.
[Amended 7-20-2022 by L.L. No. 5-2022]
The horizontal distance from the midpoint of the front lot
line to the midpoint of the rear lot line, or to the most distant
point on any other lot line where there is no rear lot line.
The distance measured across the width of the lot at the
street line.
A property line bounding a lot.
A structure (formerly defined as a mobile home), transportable
in one or more sections, which is at least eight feet in width and
32 feet in length, which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation when
connected to the required utilities. A manufactured home shall be
construed to remain a manufactured home, subject to all regulations
applying thereto, whether or not wheels, axles, hitch, or other appurtenances
of mobility are removed and regardless of the nature of the foundation
provided. This definition shall not be construed to include factory
manufactured homes known as "modular homes" bearing an insignia issued
by the State Fire Prevention and Building Code Council as required
in 9 NYCRR 1212.
Land on which two or more manufactured homes are parked,
and occupied for living purposes.
A lot or structure with a variety of complementary and integrated
uses such as, but not limited to, residential, office, light industrial,
retail sales and service, general, restaurant/bar/hotel/motel, antique
shop, and artisan shop.
[Added 2-17-2021 by L.L. No. 1-2021]
A factory manufactured home bearing an insignia issued by
the State Fire Prevention and Building Code Council as required in
9 NYCRR 1212.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units designed primarily
for transient automobile travelers and providing for accessory off-street
parking facilities.
A lot, structure, or use of land which lawfully existed prior
to the enactment of this chapter, or conformed to the regulations
of the zone in which it was located prior to the amendment of this
chapter; which does not conform to the regulations of the zone in
which it is located following the enactment or amendment of this chapter.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communication equipment.
Business offices are generally not open to the general public.
A tract of land used by the public for active and/or passive
recreational purposes.
A tract of land used for the temporary parking of motor vehicles
when such use is not accessory to any other use.
Signs designed and intended to be displayed permanently.
See "special permit."
See "zoning permit."
Signs that display personal, noncommercial content.
A board appointed by the Village Board pursuant to § 7-718
of the Village Law to implement this chapter.
A solar energy system consisting of one or more freestanding
ground- or roof-mounted solar collector devices, solar related equipment
and other accessory structures and buildings including light reflectors,
concentrators and heat exchangers, substations, electrical infrastructure,
transmission lines and other related structures and facilities which
has a rated capacity of more than 25 kilowatts for electricity or
rated storage volume of more than 240 gallons or has a collector area
of more than 1,000 square feet for thermal. It is noted that any system
with a name plate generating capacity of 25 megawatts or more is subject
to the requirements, terms, and conditions of Article 10 of the New
York State Public Service Law.
A structure through which the principal use of the lot on
which it is located is conducted.
The primary or predominant use of any lot.
A place designed and equipped for the conduct of sports and
leisure-time activities where all activities are conducted within
buildings.
A place designed and equipped for the conduct of sports and
leisure-time activities where some or all activities are conducted
outside of buildings.
A church, synagogue, or other place of religious worship,
as well as a monastery or other place of religious retreat, which
is tax-exempt and incorporated.
An establishment where food and/or alcoholic beverages are
prepared, served and consumed.
An establishment where food and nonalcoholic beverages are
prepared, served and consumed.
An establishment that sells gasoline to the public. Sales
of food products, household items, and other goods commonly associated
with the same may also be included.
A commercial facility engaged in the indoor selling of goods
or merchandise to the general public for personal or household consumption;
or providing indoor retail services or entertainment to the general
public such as finance, real estate and insurance, personal services,
amusement and recreational services, healthcare and medical offices,
educational and social services; and not including "retail sales and
service, large-product."
A commercial facility including sales, rental, lease and
service or repair for new and used automobiles, trucks, mobile homes,
boats, recreational vehicles, farm implements, tree nurseries and
garden shops and other large items stored outdoors.
A stall or booth of a temporary nature for the sale of farm
or garden products grown on the premises. Roadside stands are portable,
not fixed to the ground, and not entered by customers.
Any sign erected, mounted or placed on the roof of a building,
or mounted or placed on any face of a building in a manner such that
any portion of the sign extends vertically above the building eaves.
[Added 6-19-2019 by L.L. No. 4-2019]
Any school licensed by the state and which meets the state
requirements for elementary or secondary education.
Any device, structure, building or part thereof, for visual
communication used for the purpose of bringing the subject thereof
to the attention of the public.
Any sign that is painted, engraved, or attached to an awning.
An awning is supported from a wall of a building and projects beyond
the building wall, and is generally designed and constructed to provide
protection against weather.
A sign that is erected on a separate, freestanding, roof-like
covering.
Any nonmovable sign not affixed to a building.
Any sign, pictorial or otherwise, that directs attention
to a business, commodity, attraction, profession, service, or entertainment
conducted, sold, or manufactured, existing or provided at a location
other than on the premises where the sign is located or to which it
is affixed.
A sign which directs attention to a business, industry, profession,
service, commodity, or entertainment sold or offered upon the same
lot on which it is displayed, including real estate signs.
Any sign which is erected on a building wall or structure
and extends beyond the wall of the building more than 12 inches.
A sign designed and intended to be displayed for a short
period of time.
A sign attached to the exterior wall of a building or structure
which does not extend from the building wall more than 12 inches.
An accessory structure used for either agricultural or manufacturing
storage.
[Added 7-20-2022 by L.L. No. 5-2022]
A process for the Planning Board review of site characteristics
of a use prior to the Zoning Officer issuing a zoning permit.
A solar collection system consisting of one or more roof-
and/or ground-mounted related equipment, which has a rated capacity
of less than or equal to 25 kilowatts (for electricity) or rated storage
volume of the system of less than or equal to 240 gallons or that
has a collector area of less than or equal to 1,000 square feet (for
thermal) and is intended to primarily reduce on site consumption of
utility power. A system is considered a small solar energy system
only if it supplies electrical or thermal energy solely for on-site
use, except when a property upon which the facility is installed also
receives electrical power supplied by a utility company and in such
case excess electrical power may be used by the utility company.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia; provided, however, that any grocery store,
supermarket, convenience store or similar retail use that only sells
conventional cigars, cigarettes or tobacco as an ancillary sale shall
not be defined as a "smoke shop and tobacco store" and shall not be
subject to the restrictions in this chapter.
[Added 9-15-2021 by L.L. No. 6-2021]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation or transfer of stored heat.
A permit for a use which must be approved by the Planning
Board, granting permission to the Zoning Officer to issue a zoning
permit.
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 the floor and the ceiling
next above it and including those basements used for the principal
use.
A public way for vehicular traffic which affords the principal
means of access to abutting properties.
A right-of-way line dividing a lot, plot, or parcel from
a street.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something located on the
ground, except a wall or fence on a farm.
See "accessory structure."
See "principal structure."
Any preparation of the nicotine-rich leaves of the tobacco
plant, which are cured by a process of drying and fermentation for
use in smoking, chewing, absorbing, dissolving, inhaling, snorting,
sniffing, or ingesting by any other means into the body.
[Added 9-15-2021 by L.L. No. 6-2021]
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco, tobacco products, or other controlled
substances. Items or devices classified as tobacco paraphernalia include
but are not limited to the following: pipes, punctured metal bowls,
bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice,
buzz bombs, vaporizers, hookahs, and devices for holding burning material.
Lighters and matches shall be excluded from the definition of "tobacco
paraphernalia."
[Added 9-15-2021 by L.L. No. 6-2021]
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from the tobacco plant or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine
in the product, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means. For the purposes
of this chapter, the term "tobacco product" excludes any product that
has been specifically approved by the United States Food and Drug
Administration (FDA) for sale as a tobacco/smoking cessation product
or for other medical purposes, where such product is marketed and
sold solely for such an approved purpose.
[Added 9-15-2021 by L.L. No. 6-2021]
A vehicle which is customarily towed by a motor vehicle and
is used for carrying or storing goods, equipment, machinery or boats,
or is used as an office.
A building or area in which freight brought by truck is assembled
and/or stored for routing or reshipment, or in which semitrailers,
including tractor and/or trailer units and other trucks, are parked
or stored.
The purpose or activity for which land or structures are
designed, arranged, or intended, or for which land or structures are
occupied or maintained.
See "accessory use."
See "agricultural use."
See "principal use."
Any departure from the strict letter of this chapter granted
by the Zoning Board of Appeals as it applies to a particular piece
of property.
See "trailer, vehicular."
Terminal facilities for handling freight with or without
maintenance facilities, and buildings used primarily for the storage
of goods and materials.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
An open space located on the same lot with a structure, unoccupied
and unobstructed from the ground up, except for accessory structures,
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the nearest point of the foundation wall
of the main structure.
The space within and extending the full width of the lot
from the street line to that part of the structure which is nearest
to such street line. If a lot adjoins two or more streets, the yard
that faces the street used in the property address shall be considered
the front yard.
The space within and extending the full width of the lot
from the rear lot line to that part of the structure which is nearest
to such rear lot line.
The space within and extending the full distance from the
front yard to the rear yard and from the side lot line to that part
of the structure which is nearest to such side lot line.
A board appointed by the Village Board pursuant to § 7-712
of the Village Law to hear and decide appeals of this chapter.
A permit issued by the Zoning Officer certifying that all
plans for the use and development of land comply with the regulations
of this chapter, and granting permission to commence development activities
in conformity with the conditions of the approved permit.
Any person appointed by the Village Board to enforce the
provisions of this chapter.
