For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not consistent with the context, words used in
this present tense include the future, words in the plural number
include the singular number and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
[Amended 11-23-2004 by Ord. No. 2-2004[1]]
A use, separate building or structure, normally
incidental, subordinate devoted to and located on the same lot as
the principal use, building or structure but does not include a building
or structure used for human habitation.
A use, separate building or structure, which
is an adjunct or accompaniment to the main building.
A use, separate building or structure, which:
Is subordinate to and serves the principal building
or principal use;
Is subordinate in area, extent, and purpose
to the principal building and principal use served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use served;
Is located on the same site as the principal
building or principal use served;
A minor building that is located on the same
lot as the principal building and that is used incidentally to a principal
building or that houses an accessory role.
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors or similar machines
for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas. For
the purposes of this chapter, "adult arcade" is included within the
definition of "adult motion-picture theater."
A commercial establishment having as a substantial or significant
portion of its stock-in-trade materials, including, but not limited
to books, magazines, periodicals, visual representations or writings,
distinguished or characterized by an emphasis on matter depicting,
describing or related to specified anatomical areas or to specified
sexual activities or an establishment with a segment or section devoted
to the sale or display of such materials. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of materials depicting or describing specified
sexual activities or specified anatomical areas and still be characterized
as an adult bookstore. Such other business purposes will not serve
to exempt such commercial establishment from being characterized as
an adult bookstore so long as one of its principal business purposes
is the offering for sale or rental or consideration the specified
material which depict or describe specified sexual activities or specified
anatomical areas.
[2]A nightclub, bar, restaurant or similar commercial establishment,
whether or not alcohol is served, which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment that permits or allows dancers
to display or expose specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and which advertises the availability of this adult type of
photographic productions; and
Offers a sleeping room for rent for a period
of time that is less than 10 hours; and
Allows a tenant or occupant of the sleeping
room to sublet the room for a period of time that is less than 10
hours.
An enclosed building or a portion of an enclosed building
or drive-in theater used to present on a regular basis, for any form
of consideration, film material which has as its primary or dominant
theme matter depicting, illustrating or relating to specified sexual
activities for observation by any persons.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Any public space or thoroughfare not less than 10 feet in
width, which has been dedicated or deeded to the public for public
travel and which affords secondary access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders, or floors or any other
change which is not merely a repair or replacement of an existing
part, where such change would:
An establishment at which more than six domesticated animals,
more than one year old, are housed, groomed, bred, boarded, trained
or sold.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of steps. All dimensions shall be measured between the exterior
faces of walls.
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.
Any area of land, including structures thereon, that is used
for the sale of new or used automobiles which may include an accessory
use automobile repair service.
Any area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale of motor vehicle
fuel and/or facilities for servicing, lubricating, or washing motor
vehicles, but not including the commercial painting thereof by any
means. May also include for sale convenience goods such as food, beverage
and sundries.
An establishment for the custody, loan, exchange, or issue
of money, for the extension of credit and for facilitating the transmission
of funds.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials.
A straight line on a single plane established by the exterior
of a structure, including porches and decks.
An organization catering exclusively to its members and their
guests, or premises and buildings used for recreational or athletic
purposes, which are not conducted primarily for gain or profit, provided
no merchandising, commercial activity or vending is conducted, except
as required generally for the membership and the purposes of such
club.
Limited to not-for-profit museums, art galleries or stage
productions.
An establishment for the care of more than six children between
the ages of six weeks and 12 years of age for more than three hours
per day per child, which must be licensed by the state. Refer to § 390
of the New York State Social Services Law.
Involves the cleansing of fabrics with substantially nonaqueous,
nonflammable and noncombustible solvents.
A building designed or used as the living quarters for one
or more families.
One or more rooms providing complete living facilities for
one family, including equipment for cooking or provisions for the
same.
An increase in floor area of an existing building; or an
increase in size of an existing structure.
An increase in the amount of existing floor area for an existing
use in an existing building; or an increase in the area of land used
for an existing open use.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, steam or water transmission
or distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare. Buildings shall
be considered an essential service facility herein.
A person or persons doing their own cooking and living together
upon the premises, as a separate housekeeping unit, in a domestic
relationship based upon birth, marriage or other domestic bond.
An establishment for the care of three to six children between
six weeks and 12 years of age for more than three hours per day per
child on a regular basis in a family residence, which must be licensed
by the state. Refer to § 390 of the New York State Social
Services Law.
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
An accessory building or part thereof providing for the storage
of not more than three automobiles and in which no occupation or business
for profit is carried on, except that a conforming multifamily dwelling
may have one stall per unit subject to open space requirements and
other requirements of this chapter.
A building or part thereof, other than private garage, for
the storage of motor vehicles.
Includes garage, yard and porch sales. They are allowed for
a period no longer than three days in succession for no more than
a total of six days per year. Items used to assist with such sales,
e.g., tents, tables, etc., must be removed at the end of each sale
period. The sale of items purchased elsewhere solely for resale is
prohibited.
[Added 11-18-2014 by Ord.
No. 3-2014]
This term includes the fabrication, processing, converting,
altering, assembling or other handling of products provided:
The operation is conducted solely within a building
or group of buildings.
The operation will not result in:
Dissemination of noise, vibration, odor, dust,
smoke, detectable gas or fumes or their atmospheric pollutant beyond
the boundaries of the immediate site of the building in which such
use is conducted;
Hazard of fire or explosion or other physical
hazard to any person, building or vegetation;
Radiation or interference with radio or television
reception beyond the boundary of the zone;
A harmful discharge of waste material; or
Unusual traffic hazards or congestion due to
the type of vehicles required.
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age or physical
or other impairment but who do not require the level of care provided
by nursing homes or medical facilities. Said care shall be provided
for a period of time of more than three but less than 12 hours on
any given day.
[Added 5-15-2018 by L.L.
No. 1-2018]
An establishment providing room and board, recreational,
counseling or other rehabilitative service or facilities on a continuous
basis (twenty-four-hour) to individuals who, by reason of mental or
physical disability, addiction to drugs or alcohol or family and school
adjustment problems, require specialized attention and care on a continuous
basis in order to achieve personal independence. Individuals participating
in a work release or similar program from a state institution or under
the supervision of a court, state or local agency shall be included
within this definition.
An establishment for the care of seven to 12 children, six
weeks to 12 years in age for more than three hours per day per child
in a family residence, which must be licensed by the state. Refer
to § 390 of the New York State Social Services Law.
[Amended 9-22-2009 by Ord. No. 2-2009]
The vertical dimension measured from the average elevation
of the finished grade around the building, to the highest point of
a flat roof; to the deck of a mansard roof, or to the average height
between the plate and ridge of a gable, hip or gambrel roof.
Any hairdressing or hairstyling operation operated by one
person who is an inhabitant of the dwelling wherein the shop is located.
One additional nonresident practitioner is permitted. Related operations
are to be considered retail trade/general business.
[Amended 1-19-2010 by Ord. No. 2-2010]
Any use customarily conducted entirely within a dwelling
by the inhabitants thereof, provided that such occupation does not
change the residential character of such dwelling, require an alteration
to a dwelling to accommodate such use, does not involve the storage
or sale of merchandise or goods of any type; or involve more than
two full-time equivalent employees, including the inhabitants, at
any time. The activity or use produces no demand for off-street parking
which is greater than that required for the residential use of the
lot.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and limited to the treatment or other care of humans where
room and board is provided.
Business premises equipped with individual clothes washing
machines for the use of retail customers.
A building in which literary, musical, artistic, or reference
materials are kept for use but not for sale.
An off-street space for the temporary parking of a vehicle
while materials are being loaded onto or unloaded off and which abuts
upon a street, alley or other appropriate means of access.
A parcel of land occupied or capable of being occupied by
a primary building, together with accessory buildings or uses customarily
incidental to it, including such open spaces as are required in this
chapter. No lot shall be subdivided such as to create a nonconforming
lot under this chapter.
The percentage of the lot area that is occupied by the ground
area of a building and its accessory building, if any.
The property line bounding a lot.
A detached, movable, residential dwelling unit
in one or more sections, with or without wheels, but capable of being
mounted on wheels attached to the chassis and undercarriage and designed
for transportation, after fabrication, on streets or highways on its
own wheels and arriving complete with plumbing and electrical facilities.
See also definitions of "modular home" and "recreational
vehicle" as distinguished from "mobile home."
A dwelling unit partially assembled at a distant site and
transported to a lot of record for final assembly and installation
over a permanent foundation, with subsequent installation and/or connection
of heating and plumbing sections. Modular homes are deemed single-family
dwellings.
An establishment consisting of a building or group of buildings
providing living and/or sleeping accommodations with individual bathrooms
and designed for use by transients.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A structure or building of which the size, dimensions or
location was lawful prior to the adoption, revision or amendment of
a zoning ordinance, but which fails by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning
district.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails, by reason
of such adoption, revision, or amendment, to conform to the present
requirements of the zoning district.
Uncovered or less than adequately covered human genitals
or pubic area, the female breast below the point immediately above
the top of the areola or the covered human male genitals in a discernibly
turgid state. For the purpose of this definition, a female breast
is considered uncovered if the nipple only or the nipple and the areola
only are covered.
A building, other than a hospital, where persons are lodged,
furnished with meals, and receive skilled nursing care for hire.
A building that is primarily divided into offices, either
singularly or in suites, for the transaction of business which does
not involve the direct transfer of products at the site.
A owner shall mean any person who, alone or jointly or severally
with others:
[Amended 11-23-2004 by Ord. No. 2-2004]
Shall have legal title to any dwelling or dwelling
unit, or land with or without accompanying actual possession thereof,
or shall have charge, care, or control of any dwelling or dwelling
unit, or land as owner or agent of the owner, or as executor, executrix,
administrator, trustee, guardian of the estate of the owner, or has
life use of the property, or are holders of equitable interest, such
as trust beneficiaries, contract purchasers, option holders, lessees
under leases having an unexpired term of at least 10 years, and the
like.
Whenever, a statement of ownership is required
by this chapter, full disclosure of all legal and equitable interest
in the property is required.
Any such person thus representing the actual
owner shall be bound to comply with the provisions of this chapter
and rules and regulations adopted pursuant thereto to the same extent
as if he were the owner.
Includes publicly owned and operated playgrounds, playfields,
parks, open spaces and swimming pools which are not operated for gain.
An educational institution that has state certified licensed
teachers with a State Board of Education approved curriculum that
provides a basic fundamental education.
Office for a person or persons engaged in professional occupations
licensed by the state or federal government or regulated by professional
associations. Included are: doctor, attorney, architect, engineer,
public accountant, dentist, surveyor, pharmacist, optometrist, podiatrist,
real estate agent or broker, insurance agent or broker, chiropractor,
physical therapist, planner or veterinarian (except when veterinarian
boards or houses animals overnight).
A free, tax-supported school, controlled by a governmental
authority.
A vehicle which is self-propelled or capable of being towed
by a passenger car, station wagon or pickup truck, of such size and
weight as not to require any special highway movement permits, and
primarily designed or constructed to provide temporary, movable living
quarters for recreational, camping or travel use. Included in this
definition are both boats and boat trailers. Not included is any structure
less than four feet in height. It may not be parked and/or occupied
between the building line and the street line for more than five consecutive
days in all residential areas.
A center for the collection and processing of recyclable
materials. Recycling facilities may include the following:
PROCESSING FACILITYA processing facility is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" shall mean the preparation of material for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Includes tax-exempt churches, temples, synagogues, convents,
seminary and retreat houses which are open to the public.
Establishment for the sale and on-premises consumption of
food and beverage.
[3]Establishments engaged in the selling of goods, services,
or merchandise to the general public for personal or household consumption,
and the rendering of services incidental to the sale of such goods.
A dwelling for hire, in which more than three persons, either
individually or as families, are housed or lodged with or without
meals. A bed-and-breakfast, boardinghouse or furnished rooming house
shall be deemed a "rooming house."
The area located between either the lot line or street line
and the building line.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A building designed for and occupied exclusively as a home
or residence for not more than one family.
A public thoroughfare (other than an alley) which has been
dedicated or deeded for public use as such, or in which public rights
have been acquired by operation of law by reason of long-standing
public use, and which thoroughfare affords principal means of access
to abutting property.
The line dividing the street from private property.
Anything constructed or erected which requires location on
the ground, or attached to something having location on the ground,
not including fences or walls used as fences.
Any lot which does not conform with the minimum width, depth,
and area dimensions specified for the district in which such lot is
situated.
A building or part of a building devoted to showing moving
pictures or stage productions on a paid-admission basis.
A building arranged for and occupied exclusively as a home
or residence for two families (with separate kitchens, bath facilities
and entrances).
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.
Storage facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field.
Storage facilities that are available to the general public,
at a fee, for the storage of commercial or private goods of any nature.
Any area of land, including any building thereon, which is
used primarily for the storage of goods for sale elsewhere, or for
redistribution or transfer to a retail operation. Retail sales shall
be considered an accessory use, provided retail sales space, including
required parking, shall not occupy more than 1/8 of the total area.
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.[5]
