A.Â
Scope and meaning of certain words and terms.
(1)Â
Unless the context clearly indicates the contrary,
words used in the present tense include the future, the singular number
includes the plural and the plural the singular.
(2)Â
The word "person" includes a profit and nonprofit
corporation, company, partnership or individual.
(3)Â
The word "shall" is mandatory and not directory; the
word "may" is permissive.
(4)Â
The word "lot" includes the word "plot" and the word
"land."
(5)Â
The word "structure" includes the word "building."
(6)Â
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use or erected, reconstructed, altered, enlarged, moved
or rebuilt with the intention or design of using the same.
(7)Â
The word "used" refers to the actual fact that a lot
or land, building or structure or part thereof is being occupied or
maintained for a particular use.
B.Â
ACCESSORY APARTMENT
ACCESSORY USE, BUILDING OR STRUCTURE
AGRICULTURAL OR FARMING ACTIVITIES
AGRICULTURAL RETAIL OR WHOLESALE BUSINESS
ALTERATION
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
AUTOMOBILE LAUNDRY
AWNINGS
BASE FLOOD
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BILLBOARD
BREAKAWAY WALL
BUILDING
BUSINESS
CAMPING GROUND
CARETAKER'S OR OWNER'S DWELLING UNIT
CELLAR
CEMETERY
CLUB, COUNTRY
CLUB, MEMBERSHIP, NONPROFIT
COASTAL HIGH-HAZARD AREA
CODE ENFORCEMENT OFFICER
COMMERCIAL VEHICLE
COURT
COURT, DEPTH OF
COURT, HEIGHT OF
COURT, INNER
COURT, OUTER
COURT, WIDTH OF
CUSTOM WORK, SHOP FOR
DEVELOPMENT
DOG KENNEL
DRIVEWAY
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ELEVATED BUILDING
FAMILY
FENCE
FILLING STATION
FLAMMABLE LIQUIDS
FLEA MARKET
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD OR FLOODING
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPROOFING
FLOODWAY
FLOOR
FLOOR AREA, GROSS
FLOOR AREA, HABITABLE
FUNCTIONALLY DEPENDENT USE
GARAGE, PARKING
GARAGE, PRIVATE
GARAGE, REPAIR
HABITABLE SPACE
HEIGHT OF BUILDING OR STRUCTURE
HIGHEST ADJACENT GRADE
HOME OCCUPATION
HOME PROFESSIONAL OFFICE
HOTEL
HOUSE TRAILER
JUNK
JUNKYARD
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT, THROUGH
LOT WIDTH
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MIXED PLANNED DEVELOPMENT
MOBILE HOME
MOBILE HOME PARK
MOTEL
MOTOR VEHICLE
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NATURAL GRADE
NEW CONSTRUCTION
NONCOMMERCIAL SPEECH SIGN
NONCOMMERCIAL SPEECH SIGNS ASSOCIATED WITH NONRESIDENTIAL USE
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING USE
NONNUISANCE INDUSTRY
NURSERY SCHOOL
NURSING HOME
ONE-HUNDRED-YEAR FLOOD
OUTDOOR RECREATION
PARKING AREA
PERMITTED USE
PERSONAL SERVICE ESTABLISHMENT
PLANNED COMMERCIAL-INDUSTRIAL PARK
PLANNED RESIDENTIAL DEVELOPMENT
PLAYGROUND
PRINCIPALLY ABOVE GROUND
PRIVATE SWIMMING POOL
PROHIBITED USE
RECREATIONAL VEHICLE
(1)Â
(2)Â
(3)Â
(a)Â
(b)Â
(4)Â
REGULATORY FLOODWAY
RESEARCH INSTITUTE OR LABORATORY
RETAIL STORE
SAND DUNES
SEASONAL COTTAGE
SHOPPING CENTER
SIGN
SIGN AREA
SIGN, BUILDING
SIGN, BUILDING FRONT OR FACE
SIGN, BUSINESS
SIGN, DIGITAL
SIGN, DIRECTIONAL
SIGN ERECTION
SIGN, FREESTANDING
SIGN, GROUND
SIGN, ILLUMINATED
SIGN LIGHTING DEVICE
SIGN, NONCONFORMING
SIGN, OUTDOOR ADVERTISING
SIGN, PERMANENT
SIGN, POLITICAL
SIGN, PORTABLE OR MOVABLE
SIGN, PROFESSIONAL OR ANNOUNCEMENT
SIGN, PROJECTING
SIGN, REAL ESTATE OR CONSTRUCTION
SIGN, ROOF
SIGN, VARIABLE COPY
SIGN, WINDOW
SPECIAL EXCEPTION USE
START OF CONSTRUCTION
STREET
STREET LINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)Â
(2)Â
(a)Â
(b)Â
SWIMMING POOL
VARIANCE
VARIANCE, AREA
VARIANCE, USE
WALL
YARD, FRONT
YARD, REAR
YARD, SIDE
YARD, TRANSITIONAL
Definition of words and terms. As used in this chapter,
the following terms shall have the meanings indicated:
[Amended 11-5-1979 by L.L. No. 11-1979; 5-4-1987 by L.L. No. 3-1987; 5-18-1987 by L.L. No. 4-1987; 12-1-1997 by L.L. No.
6-1997]
A temporary dwelling unit contained within an existing single-family
detached dwelling or in a detached garage accessory to a principal
residence for use as a complete, independent living facility with
provisions within the accessory apartment for cooking, eating, sanitation
and sleeping. Such a dwelling is an accessory use to the principal
dwelling unit.
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the principal use, building
or structure. The term "accessory building" may include a private
garage, garden shed, a private playhouse and a private greenhouse.
In order to constitute an "accessory use" within the meaning of this
chapter, the area devoted to such "accessory use" shall not exceed
50% of the area of the lot after the deduction from such lot area
of those portions thereof occupied by the primary structure or required
to meet the setback requirements for such lot.
The use of land for agricultural purposes, including but
not limited to dairying, pasturage, truck farms, nurseries, greenhouse,
horticulture, viticulture and apiaries, animal and poultry husbandry
and the necessary accessory uses for storage; provided, however, that
the operation of any such accessory use shall be incidental to that
of the principal agricultural activities.
A use primarily engaged in the sale or rental of farm tools
and implements, feed, grain, tack, animal care products, farm supplies,
food sales, farm machinery and repair. Animal storage or sales shall
not be permitted.
[Added 3-19-2018 by L.L.
No. 2-2018]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an "alteration."
A request for a review of the local administrator's interpretation of any provision of § 200-6 or a request for a variance.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate and where velocity flow may be
evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO,
VE or V1 through V30. It is also commonly referred to as the "base
floodplain" or "one-hundred-year floodplain."
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be an "automobile laundry" where such use is an accessory
service to the principal service of the filling station.
An impermanent structure, other than a roof, attached to,
supported by and projecting from a building and providing protection
from the elements.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A story partly underground but having less than 1/2 of its
clear height below the average level of the finished grade around
all four sides of the building.
A dwelling within which overnight accommodations are provided
or offered for transient guests for compensation. For purposes of
this chapter, "bed-and-breakfast establishments" shall include tourist
homes.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed or only incidentally
sold, offered or existing upon such lot.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
A structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
A profit-making activity which provides goods or services
for sale or hire to individuals, community organizations and other
businesses.
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for year-round occupancy or as a place of residence.
A dwelling unit located in the same building to which it
is an accessory use; provided, however, that such term shall also
include a mobile home actually occupied by such caretaker or owner
(subject to removal if vacant for more than 30 days).
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade around
all four sides of the building.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including crematories, mausoleums
and mortuaries if operated in connection with and within the boundaries
of such cemetery.
A club for golfing, tennis, hunting, fishing, horseback riding,
skiing or similar sports.
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business or
enterprise for profit, but this shall not be construed as preventing
the utilization of a club for benefits or performances for a recognized
charity, nor for the meeting of other organizations, nor for educational
and cultural purposes.
The area subject to high-velocity waters, including but not
limited to hurricane wave wash. The area is designated on a FIRM as
Zone V1 through V30, VE, VO or V.
The official designated by the Board of Trustees to administer
the provisions of this chapter, or the Village Zoning Officer.
A vehicle which requires commercial registration by the New
York State Department of Motor Vehicles and which exceeds a gross
vehicle weight of 10,000 pounds.
An open, unoccupied space, other than a yard, on the same
lot with a building. An offset to a "court" shall be deemed a separate
inner court for the purpose of determining its least dimension, its
area and the least dimension and area of the "court" to which it is
contiguous.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street, front yard or rear yard.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothes, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations located
within the area of special flood hazard.
The keeping of more than four dogs that are more than six
months old.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises, but not including a boardinghouse or rooming house, hotel
or lodging house or motel.
A building or portion thereof used as a dwelling containing
three or more dwelling units.
A residential dwelling unit designed and occupied exclusively
by one or more persons living and cooking together as a single nonprofit
housekeeping unit and having a minimum width dimension of not less
than 16 feet.
A residential building containing two units, designed for
occupancy and used exclusively by two families living independently
of each other and having a minimum width dimension of not less than
16 feet.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
A nonbasement building built to have the lowest floor elevated
above ground level by means of fill, solid foundation perimeter walls,
pilings, columns (posts and piers) or sheer walls.
One or more persons occupying a dwelling unit and living
and cooking together as a single nonprofit housekeeping unit. Members
of the household shall have the same address for voter registration,
driver's license, motor vehicle registration and for the filing of
taxes.
A structure bounding an area of land designed either to limit
access to the area or to screen such area from view, or both.
An area of land, including structures thereon, used for the
supply of motor vehicle fuel, lubricants, accessories and such services
as washing, polishing and minor repairs but not major repairs, collision
service or painting.
Liquids having a flash point below 200° F., closed cup
tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum
gas) are those having a flash point below 25° F. Class II flammable
liquids (e.g., alcohol, ethyl or methyl acetate) are those having
a flash point below 70° F. but not below 25° F.
A lot, land or structure or part thereof where a business
with short-term or daily rental of stalls, booths or selling spaces
to individual persons for selling used and new consumer merchandise,
antiques, art and craft items and collectibles at retail is conducted.
Resale of merchandise is allowable, but not as a branch or outlet
of a business with another location elsewhere outside the "flea market."
The term "flea market" excludes yard sales, rummage sales and other
outdoor retail uses, such as but not limited to junk sales, outdoor
used auto parts sales, used building materials sales, used cars and
vehicles and farm implements. Businesses whose profit is substantially
derived from sale of merchandise and not from rental of space for
retail sales are not "flea markets." Explicitly excluded are thrift
shops, secondhand goods shops and consignment shops from this definition
of "flea market."
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The "FBFM" delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been defined but no water surface elevation is provided.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building, including
basement, i.e., the top of a slab in concrete slab construction or
the top of wood flooring in wood frame construction.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, "gross
floor area" shall not include areas used principally for nonpublic
purposes such as storage, rest rooms, fitting or alteration rooms
or general maintenance or enclosed pedestrian malls or corridors.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof, and which meets the
ceiling height requirements of the Uniform Code. All dimensions shall
be measured from the interior faces of exterior walls or from the
center line of the base of walls separating two dwelling units.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair. The term does not include
long-term storage, manufacture, sales or service facilities.
A building, not a private garage, used for the storage of
automobiles or trucks and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
A building, other than a private or a parking garage, used
for storage, adjustment, painting, replacement of parts or other repair
of motor vehicles or parts thereof, whether or not accessory or incidental
to another use.
A space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes shall not be deemed to be "habitable
space."
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of flat roofs, to the deckline on mansard roofs or to
the mean height between eaves and ridge for gable, hip and gambrel
roofs.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of a structure as a residence.
"Home occupations" shall not be construed to include such uses as
the following: clinic or hospital, convalescent home, barbershop,
beauty parlor, restaurant, dog kennel, antique dealer, mortuary establishments,
garages or shops for the repair of motor vehicles, retail businesses
and trades or businesses of any kind not herein excepted.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent or teacher as herein restricted. For the
purposes of this definition, a "teacher" shall be restricted to a
person giving individual instruction in academic or scientific subjects
to a single pupil at a time. A "home professional office" shall not
include the office of any person professionally engaged in the purchase
or sale of goods produced or stored on the premises. Dancing instructions,
band instrument or piano or voice instructions, tea rooms, tourist
homes, beauty parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments, veterinary or veterinary
hospital and stores, trades or businesses of any kind not herein excepted
shall not be deemed to be "home professional offices." The "home professional
office" of a physician shall not include a biological or other medical
testing laboratory.
A building or part thereof which has a common entrance, common
heating system and general dining room and containing seven or more
living and sleeping rooms designed to be occupied by individuals or
groups of individuals for compensation, which are available to the
public for periods of less than one week at a time. A "hotel" shall
not provide dwelling units.
A movable single-family dwelling originally equipped with
or having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration. See "mobile home."
Includes scrap metals and their alloys, bones, used materials
and products, such as rags and cloth, rubber, rope, tinfoil, bottles,
old tools and machinery, fixtures and appliances, lumber, boxes or
crates, pipe and pipe fittings and other manufactured goods that are
so worn, deteriorated or obsolete as to make them unusable in their
existing condition.
A lot, land or structure or part thereof where
junk, waste or discarded or salvaged materials are bought, sold, exchanged,
sorted, baled, parked, disassembled, handled or abandoned, including
automobile or other vehicle or machinery, wrecking or dismantling
yards; house wrecking yards; used lumberyards, places or yards for
storage of salvaged house wrecking and structural steel materials
and equipment; or where any unregistered motor vehicle is held outside
of a completely enclosed building, whether for the purpose of reclaiming
for use some or all the materials therein or for the purpose of storage
or disposing of the same for any other purpose. The term "junkyard"
shall not include pawn shops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing or
for processing of used, discarded or salvaged materials as part of
manufacturing operations.
Exceptions. The following shall not be included
in this definition:
New and/or used motor vehicles which are operable,
qualify for a current New York State motor vehicle inspection sticker
under Article 5 of the New York Vehicle and Traffic Law and are offered
for sale to the public and may be stored on premises on which new
or used car sales may be conducted in accordance with the provisions
of this chapter.
The storage of vehicles subject to seasonal
use such as recreational vehicles and snowmobiles even though such
vehicles may be unlicensed during the part of the year they are not
in use.
The storage of agricultural equipment, machinery
and vehicles in an established agricultural district and which are
being used in farm operations.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the horizontal area of the lot covered
by a building or buildings, measured to the outside of the wall.
The portion of a lot which runs along the street or streets
which border the lot. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered front yards.
Any lot other than a corner lot.
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed a side lot line.
In the case of a lot abutting upon only one street, the line
separating such lot from such street. In the case of a lot that abuts
more than one street. each street line shall be considered to be a
front lot line.
[Added 5-15-2023 by L.L. No. 5-2023]
The lot line opposite the front lot line.
A lot extending from one street to another.
The horizontal dimension measured from side lot line to side
lot line along a line parallel to the street line at the required
minimum front yard depth.
The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of § 200-6.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers and similar transportable
structures placed on a site for 180 consecutive days or longer and
intended to be improved property.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other data to which
base flood elevations shown on a community's Flood Insurance Rate
Map are referenced.
A development of land within a Commercial-Industrial Park
District based on an overall development plan which integrates compatible
residential and commercial uses in a unified and orderly manner. "Mixed
planned developments" shall be approved by the Planning Board in accord
with the special exception procedures and which may provide for the
variance of the dimensional regulations as provided for in this chapter.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as a detached single-family residence;
and which is intended to be occupied as permanent living quarters
containing sleeping accommodations, a flush toilet, a tub or shower,
kitchen facilities and plumbing and electrical connections for attachment
to outside systems. The definition of "mobile home" includes all additions
made subsequent to installation. All "mobile homes" built after June
15, 1976, shall meet the National Mobile Home Construction and Safety
Standards as set forth by the United States Department of Housing
and Urban Development and the requirements of the Uniform Code. This
definition does not include manufactured housing placed on a permanent
foundation or a travel trailer.
A residential land use designed for the location of two or
more mobile homes in designated home spaces and including appurtenant
facilities and accessory services for residents only.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office and with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designated as tourist courts, motor lodges,
auto courts and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes or to
include dwelling units except for that of the owner or manager.
Any vehicle which is propelled by any power other than muscular
power, except electrically driven chairs being operated or driven
by persons with physical disabilities. "Motor vehicles" shall include
but not be limited to automobiles, trucks, boats, all-terrain vehicles,
snowmobiles, etc.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
For the purposes of this chapter, the "natural grade" of
a land area to be subdivided shall be determined by calculating the
difference in elevation between intersection points along the lines
of a two-hundred-square-foot grid system applied to the required topographic
mapping for the subdivision and expressing this difference as a percentage
of slope between such points; the "natural grade" of the individual
grid squares shall be that of the maximum slope determined as described
above along its bounding grid lines; the "natural grade" of a subdivision
will vary in accordance with the findings for each individual grid
square.
Structures for which the start of construction commenced on or after the effective date of § 200-6.
Any sign that expresses personal convictions or beliefs as
are further provided for under the First Amendment provisions of the
United States Constitution and does not in any way identify a commercial
enterprise or a product, commodity or service offered by a commercial
enterprise.
Any sign that expresses personal convictions or beliefs as
defined above and which are located on a lot being used (or zoned)
for other than residential purposes.
A building or structure lawfully existing at the effective
date of this chapter or any amendment thereto affecting such building
or structure, which does not conform to the Table of Dimensional Regulations[1] of this chapter for the district in which it is situated,
irrespective of the use to which such structure is put.
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations[2] of this chapter for the district in which it is situated.
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light beyond the limits of its
lot or by reason of generating excessive traffic with attendant hazards,
and which does not include any outdoor processing of materials nor
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized instructional
facility or other care for five enrolled children under six years
of age other than the children of the resident family, but not provided
with customary commercial public recreation features such as Ferris
wheels or roller coasters and not furnishing sleeping quarters except
for the resident family.
A building or part of a building, together with its lot and
accessory uses, buildings and structures, used for nursing care of
two or more persons not related to the operator by family ties and
for compensation. The term "nursing home" includes rest homes and
convalescent homes.
The same meaning as "base flood."
Recreation facilities which are privately operated for gain
and which are available to the general public on an individual admission
or membership basis. Such uses shall include but not be limited to
golf courses and country clubs, miniature golf courses, camping grounds,
tennis courts, theaters, skating rinks and amusements parks.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
A specific principal use of a building, structure, lot or
land or part thereof which this chapter provides for in a particular
district as a matter of right.
An office, store or other place of business catering to the
personal needs of a customer, such as normally conducted by a barber,
beautician, tailor or dressmaker.
A development of land based on an overall development plan
approved by the Planning Board in accordance with the special exception
use procedures for commercial and industrial uses other than retail
stores, personal service establishments or other uses not indicated
as permitted or special exception uses in the Commercial-Industrial
Park District. Such an overall development plan may provide for variance
of the dimensional regulations as provided in this chapter.
A residential development of land based on an overall development
plan approved by the Planning Board in accordance with the special
exception use procedure, in which the dimensional regulations of this
chapter and the type of housing may be varied as provided in this
chapter and where certain lands are set apart as permanent upon space
or common land.
A noncommercial outdoor area dedicated to and principally
used for games and active and passive recreation by the public, possibly
equipped with devices such as swings, slides and other such play apparatus,
or having spaces set aside far team sports. Such area may be located
within parks, on school grounds or other public facilities, but shall
not include areas incidental or accessory to any principal commercial
use, such as restaurants, stores or other commercial establishments;
nor shall such area include spaces incidental or accessory to any
noncommercial principal use.
[Added 6-20-2005 by L.L. No. 2-2005]
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A swimming pool not open to the public and located on a lot
used for a detached one-family or two-family dwelling.
[Added 4-28-2003 by L.L. No. 4-2003]
A use of a building, structure, lot or land or part thereof
which is not listed as a permitted or special exception use.
A vehicle-type portable unit without a permanent foundation
primarily designed as temporary living quarters for recreational,
camping or travel use, which either has its own motive power or is
mounted on or drawn by another vehicle. The basic entities are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 40 feet when factory-equipped for the road.
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
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
a designated height, as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided
in § 200-6E(3)(b).
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and uses accessory thereto; with respect to the
application of this chapter, such "research institute or laboratory"
shall meet the standards of a nonnuisance industry.
An establishment engaged in buying goods for resale to the
general public for personal and household consumption, such as appliance
shop, baker, confectioner, delicatessen, drugstore, florist, fruit
shop, grocer, hardware store, package liquor store, shoe shop, stationery
store, tobacconist and variety store. "Retail store" shall not be
deemed to include establishments such as motor vehicle salesrooms
that are specifically listed in this chapter.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
A dwelling unit occupied less than eight months of each year.
One or more stores, shops and similar establishments occupying
adjacent storefronts in the same building, or two or more commercial
buildings located on a single lot or adjacent lots, with such buildings
developed as part of a single integrated development with a common
architectural design.
Any substance or material, or any structure, support, device
or part upon which substance or materials will be placed, attached
or affixed, whether placed, attached or affixed indoors or out of
doors on or in a structure or lot located in the Village of Springville,
whereby or whereon is composed of letters, symbols, numbers or pictorial
matter, or upon which letters, symbols, numbers or pictorial matter
will be placed, attached or affixed, and is intended for display of
an advertisement, direction, notice, name or identification, and includes,
but is not limited to, sign frames, billboards, banners, awnings,
signboards, illumination signs, pennants, fluttering devices, projecting
signs or ground signs.
The area of a sign consisting of the entire surface of any
regular geometric form, or combinations of regular geometric forms,
comprising all of the display area of the sign and including all of
the elements of the matter displayed, but excluding supporting or
structural members not bearing advertising matter. The calculation
for a double-faced sign shall be the area of only one face.
A sign which is painted on or a part of or attached to the
outside wall of a building, with the face of the sign in the plane
parallel to such wall and not extending more than 12 inches from the
face of such wall.
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
Any programmable sign capable of displaying or projecting
words, symbols, figures or graphic images that can be altered or rearranged
by remote or automatic means resulting in nonstationary messages or
images, typically without altering the physical face or surface of
the sign. Such signs typically use LED, plasma, LCD or other illumination
to produce the characters and graphics of the display.
[Added 2-6-2017 by L.L.
No. 2-2017]
A sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixage or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to
or part of a building or structure.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
A sign lighted by electricity, gas or other artificial light,
including reflective or phosphorescent light, paint or tape.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
A sign which exists at the time of enactment of this chapter
and which does not conform to the regulations and restrictions imposed
herein.
A sign which directs attention to a business, profession
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
Any sign which by virtue of its mode of construction, general
construction materials and/or design is intended to be or is permanently
affixed to a building or the ground or incorporated in the composition
of an exterior surface of a building.
Any sign that displays the name or names of a candidate or
candidates, with or without political party designations, political
symbols and/or political offices, who is or are seeking public office
or elective office by means of a special, primary or general election,
or a sign that displays a message relating to a scheduled referendum
vote.
[Amended 5-21-2012 by L.L. No. 5-2012]
A sign that is designed and intended to be transported from
place to place and is readily and easily removed and is not affixed
to a building or structure. Portable signs are temporary signs.
A temporary or permanent sign which directs attention to
a resident's home, a home occupation, a home professional office or
a public or semipublic building.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
A sign advertising land or improvements thereto or describing
construction activity or a firm doing work related to construction
on the premises on which the sign is located.
Any sign constructed on or supported by the roof of any building
or structure.[3]
Any sign that contains movable letters, numbers, print, symbols
or pictorial matters for potential periodic changing.
Any sign visible from a sidewalk, street or other public
place which is painted or affixed on glass or other window materials
or structure or located inside within four feet of a window, but not
including graphics in connection with customary window display of
products sold therein.
A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of Article X.
The initiation, excluding planning and design, of any phase
of a project or physical alteration of the property, and shall include
land preparation, such as clearing, grading and filling; the installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations; or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials. For manufactured
homes, the "actual start" means the affixing of the manufactured home
to its permanent site.
A public or private thoroughfare which provides the principal
means of access to abutting properties.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
gasoline, oil or liquid-storage tanks, buildings, manufactured homes,
mobile homes, recreational vehicles, travel trailers, fences and billboards.
For the purpose of this definition, "substantial
improvement" is considered to commence when the first alteration of
any wall, ceiling, floor or other structural part of the building
commences, whether or not the alteration affects the external dimensions
of the structure. The term does not, however, include either:
Any project for the improvement of a structure
to comply with existing state or local buildings, fire, health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions; or
Any alteration of a structure or contributing
structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
An artificial body of water or receptacle having a depth
at any point of more than 24 inches, designed or intended to be used
for the purpose of bathing, swimming or wading and installed or constructed
above or below ground and including all operational equipment. This
definition includes hot tubs, spas, Jacuzzis and all other wading
and/or bathing pools that meet the above dimension.
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 requirement of the applicable zoning regulations.
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 the applicable zoning regulations.
A structure of wood, stone or other materials, or combination
thereof, intended for defense, security, screening or enclosure or
for the retention of earth, stone, fill or other materials as in the
case of retaining walls or bulkheads.
A yard extending between the side lot lines and situated
between the street line and the front line of the principal building
or use projected to the side lines of the lot.
A yard extending between the side lot lines and situated
between the rear lot line and the rear line of the principal building
or use projected to the side lot lines. On a corner lot, the rear
yard will line up with the adjoining lot rear yards.
[Amended 5-15-2023 by L.L. No. 5-2023]
A yard extended between the front yard and rear yard and
situated between the side lot line and the adjacent side line of the
principal building. On a corner lot, the side yard will line up with
the adjoining lot side yards.
[Amended 5-15-2023 by L.L. No. 5-2023]
A side or rear yard of a property in a nonresidence district
that abuts a property in a residence district.
[1]
Editor's Note: The Table of Dimensional Regulations
is located at the end of this chapter.
[2]
Editor's Note: The Table of Use Regulations
is located at the end of this chapter.
[3]
Editor's Note: The former definition of "sign, temporary,"
which immediately followed this definition, was repealed 5-21-2012
by L.L. No. 5-2012.
