[Amended 3-20-2006 by L.L. No. 3-2006]
A.
Generally. Except as otherwise indicated in this section,
the words used in this chapter shall have the meaning commonly attributed
to them. Doubts as to the precise meaning of any words in this chapter
shall be clarified by the Zoning Board of Appeals under its power
of interpretation. Terms not defined in this chapter shall have the
meanings provided in the New York State Uniform Fire Prevention and
Building Code,[1] and/or will carry their customary meanings per Webster's
Dictionary.
B.
Rules of interpretation. For the purpose of this chapter,
certain terms or words herein shall be interpreted or defined as follows:
(1)
Words used in the present tense include the future
tense.
(2)
The singular includes the plural and the plural includes
the singular, unless the context indicates otherwise, and the masculine
includes the feminine and neuter.
(3)
The word "person" includes an individual person, a
firm, a corporation, a co-partnership, and any other agency of voluntary
action.
(4)
The term "shall" is always mandatory, and the term
"may" is permissive.
(5)
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(6)
The word "lot" includes the word "plot" or "parcel."
(7)
The word "building" or "structure" includes any part
thereof.
C.
ACCESSORY USES AND STRUCTURES
AFFORDABLE SENIOR CITIZEN FACILITY
ANIMAL BOARDING/BREEDING FACILITY
ANIMAL CARE/TRAINING FACILITY
ANIMALS
(1)
(2)
(3)
APARTMENT
APARTMENT BUILDING
ASSISTED-LIVING FACILITY
AUTO BODY REPAIR
BANK/CREDIT UNION
BED-AND-BREAKFAST RESIDENCE
BUFFER
BUILDABLE AREA
BUILDING
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING LINE WIDTH
BUILDING PRODUCT SALES, STORAGE AND DISPLAY
BULK STORAGE
CELL TOWER
CEMETERY
COMMUNICATION TOWER
COMMUNITY CENTER
COMPREHENSIVE PLANNING
CONSOLIDATION
CONTRACTOR'S SERVICE YARD
CORNER LOT
CREMATORY
CROPLAND
DANCE STUDIO
DAY-CARE CENTER
DISTRICT, ZONE
DRIVE-IN SERVICE
DUMP
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
E-COMMERCE OR DELIVERY USE
EMERGENCY VEHICLE STATION
EXCAVATION/MINING USE
EXHIBIT HALL
FAMILY
FARM
FARM STAND
FIREWOOD
FRONT YARD
FUNERAL HOME
GASOLINE SERVICE STATION
GASOLINE STATION, LIMITED USE
GRAPHIC PLAN
GREENHOUSE, ACCESSORY
GREENHOUSE, COMMERCIAL
GROSS FLOOR AREA
HAZARDOUS MATERIAL STORAGE
HEARING, INFORMATIONAL
HEARING, PUBLIC
HEAVY EQUIPMENT SALES, SERVICE AND STORAGE
HOME OCCUPATION
HOSPITAL/CLINIC
INDOOR RECREATION - PARTICIPANT
INDOOR RECREATION - SPECTATOR
INSTRUCTIONAL FACILITY
JUNKYARD
KENNEL
LANDSCAPE BUFFER
LAND USE
LIBRARY
LOT
LOT AREA
LOT, CORNER
LOT, FLAG
LOT FRONTAGE
LOT, ORIENTATION
LOT, REVERSE-FRONTAGE
LOT, SHORELINE
LOT, THREE-SIDED
LOT WIDTH
LOT WIDTH, SHORELINE
MANUFACTURING
MANUFACTURED HOME
MARINA, INDIVIDUAL
MARINA, PRIVATE
MARINA, PUBLIC
MEDICAL OFFICE
MINI-WAREHOUSE
MOBILE HOME
MOBILE HOME COURT
MODULAR STRUCTURE
MOTOR VEHICLE RENTAL
MOTOR VEHICLE SALES
MOTOR VEHICLE SALES (LIMITED)
MOTOR VEHICLE SERVICE
MOTOR VEHICLE STORAGE
NIGHTCLUB/DANCE HALL
NURSERY, COMMERCIAL
NURSERY SCHOOL
NURSING HOME
OFFICE
OFFICE BUILDING
OUTDOOR FURNACE
OUTDOOR FURNACE, COMMERCIAL
OUTDOOR FURNACE, RESIDENTIAL
OUTDOOR RECREATION - PARTICIPANT
OUTDOOR RECREATION - SPECTATOR
OUTDOOR RETAIL SALES, DISPLAY AND SERVICE
PARCEL
PARKLANDS
PARK/PLAYGROUND (PRIVATE)
PERIMETER LANDSCAPE STRIP
PERSONAL SERVICE USE
PRIVATE CLUB
PROPERTY LINE
PUBLIC SELF-STORAGE FACILITY
REAR YARD
RECREATION AREA
RECYCLING BULK PROCESS FACILITY
RECYCLING COLLECTION SITE
RECYCLING PROCESS
RECYCLING PROCESS FACILITY
RELIGIOUS INSTITUTION
RENDERING PLANT
RESTAURANT
RESUBDIVISION
RETAIL USE
RIGHT-OF-WAY (ROW)
SCHOOL
SECONDARY USE
SELF-STORAGE FACILITY
SENIOR ASSISTED-LIVING FACILITY
SENIOR CITIZEN FACILITY
SENIOR COMMUNITY CENTER
SENIOR DAY-CARE FACILITY
SENIOR HOUSING DEVELOPMENT
SENIOR INDEPENDENT-LIVING FACILITY
SENIOR SUPPORT SERVICES
SETBACK
SHOPPING CENTER
SHORELINE
SHORELINE IMPROVEMENTS
SHORELINE LOT
SHORELINE LOT WIDTH
SHORELINE STRUCTURE
SITE PLAN
SITE PLAN REVIEW
SLAUGHTERHOUSE
SPECIAL USE
STORAGE
STORAGE UNIT, PORTABLE
STREET
STREET LINE
STRUCTURE
STRUCTURE, ACCESSORY
STRUCTURE, PRINCIPAL
STRUCTURE, SHORELINE
SUBDIVISION
SUBDIVISION ADJUSTMENT
SWIMMING POOL
THEATER, INDOOR
TOWNHOUSE
TRASH TRANSFER STATION
TRUCKING TERMINAL
UNTREATED LUMBER
USE, ACCESSORY
USE, PRINCIPAL
USE, SECONDARY
UTILITY SUBSTATION
VETERINARY CARE FACILITY
WAREHOUSE
WHOLESALE
YARD
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
ZONE DISTRICT
As used in this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the meanings
as indicated:
See separate definitions for “use, accessory”
and “structure, accessory.”
A residential dwelling unit made available for sale or rent
such that the shelter portion of the housing cost is below the market
price of such units.
[Added 3-1-2010 by L.L. No. 1-2010]
A primary or accessory use where domestic or farm animals
are harbored overnight for compensation and are provided with basic
supervision and care (food, sleeping and waste disposal areas). Common
examples of this use include dog breeders and private or public horse
stables. This land use may include facilities and area for grooming,
training, riding, or shows.
A primary or accessory use where domestic (dog and cat) animals
are temporarily present for nonmedical care (grooming) or training
programs, such as dog obedience; companion, seeing-eye, or rescue
instruction, or competitive skills activities (hunting, retrieving,
racing). This land use may include sale of retail products and/or
areas for shows. The definition excludes facilities for the boarding
or breeding of animals.
This chapter recognizes and addresses three basic categories
of animal that are relevant to control within the scope and purpose
of this chapter: domestic, farm and exotic or wild animals.
DOMESTIC ANIMALSThose species that have historically been bred to live with people and are commonly trained and associated with people's homes or places of work as pets or as (nonfarm) working companions; these are dogs and cats. Other animals that have an historical presence as pets are some nondomesticated species that are maintained within glass tanks, cages or similar display containers and include tropical fish, birds, small reptiles (turtles, frogs, lizards), and small rodents (hamsters, gerbils, mice and rats). Note: These nondomesticated animals are commonly available from retail pet stores, and supplies and food for their care are generally available in general merchandise outlets, such as grocery or department stores.
FARM ANIMALSThose species that have historically and commonly been associated with agricultural uses as the production product (food, hides, fur, etc.) or as work animals directly related to agricultural process (hauling, plowing, etc.). Typical farm animals include horses, cows, chickens, sheep and pigs. Some species of fish are also raised in aquatic farms, such as: salmon, catfish and trout. An agricultural use may be devoted solely to animal breeding for sale and end use by others, such as horses that are used for recreational purposes (racing, riding or show).
EXOTIC (WILD) ANIMALSThose species that are indigenous or nonindigenous wild animals captured or bred in captivity and typically are not acclimated through selective breeding to regular human contact. Though individual animals of many species have been domesticated for such human purposes as education (zoos, teaching facilities), entertainment (theater, circus shows) or even as pets, they are not considered to be domestic or farm animals. Examples include large animals: monkeys, apes, lions, tigers, wolves, alligators and boa constrictors. Small animals include: falcons, hawks, squirrels, and raccoons. Some animals, such as ferrets, may require special licensing from New York State to be sold or maintained as pets. Due to the size, characteristics or nature of some of these animals, they remain potentially harmful to humans and require special care and monitoring even when domesticated.
A dwelling unit in a multiple-family dwelling or mixed-use
occupancy building.
See “dwelling, multiple-family.”
See "nursing home/assisted-living facility."
See “motor vehicle sales, service and rental.”
See “retail use.”
A type of home occupation in an owner-occupied, single-family
residence offering overnight lodging for guests or tourists and may
include dining facilities limited only to the overnight guests.
See “perimeter landscape strip.”
The area within a lot eligible to be built upon or occupied
by structures and/or land use activities that is bounded and established
by the required front, side and/or rear building lines set forth in
the zone district requirements or supplemental regulations.
A type of structure wholly or partially enclosed within exterior
walls and a roof to be used for sheltering people, animals, property,
business or other activities. Structures divided with interior walls
extending from the foundation through to the roof shall generally
be considered separate buildings. Common examples include: houses,
garages, factories, barns, and mobile homes. Fences, signs and temporary
structures, such as tents, are not buildings.
The vertical distance as measured from the average elevation
of the proposed finished grade (ground surface) at the front of the
building or of a structure to the highest point of the building or
the structure, which highest point shall include but not be limited
to the highest or topmost point of the roof, together with all towers,
chimneys, penthouses, signs, tanks, elevators or stair bulkheads,
mechanical equipment, and/or light poles.
A line or lines determined by zone district setback requirements,
parallel to the property lines and establishing the closest points
that a structure may be placed within a property.
See “lot width.”
A retail or wholesale use where lumber, construction supplies
and similar products are sold, displayed for sale or stored. Materials
may be stored and activities may be conducted in exterior open areas.
The commercial development of land to be used or occupied
by structures, equipment, vehicles or storage areas designed to hold
and distribute large quantities of material. Examples include petroleum
products, fuels and potentially hazardous chemicals.
See “utility substation.”
Land improved and maintained for the interment of human or
animal remains and may include interment structures, such as mausoleums,
administrative and maintenance structures and facilities for conducting
funeral services, but excludes facilities for the cremation of human
or animal remains.
See “utility substation.”
A facility under the direct supervision and control of a
charitable, religious, social service or similar not-for-profit civic
organization designed and used as a place of assembly for religious,
social, recreational or educational programs and meetings for the
general public. A center may contain incidental food facilities. It
shall exclude private clubs and any facilities to house or lodge overnight
guests.
The processes engaged in and developed by the Town to formulate
and/or implement immediate and long-range objectives for the enhancement
and development of the Town. These processes include the accumulated
case actions, analyses, policies, studies, reports with or without
maps and may or may not be formally adopted by the Town.
The combining of one or more parcels of land. See also “subdivision.”
Land or structures serving as the base of operations for
building trades contractors, trucking or heavy equipment operators
or similar professions. Examples include: irrigation and well-drilling
services, plumbing contractors, or landscape contractors. Such uses
may include: related offices; storage areas for equipment, materials
and job-site trailers; and service areas for equipment. This use excludes
on-site retail or wholesale sales, or the storage and/or servicing
of merchandise, vehicles or equipment unrelated to the contracting
business.
See “lot, corner.”
A building with incinerators or furnaces used to reduce human
or animal remains to a dust or gravel-like material. The use shall
exclude space for the storage or burial of remains. (See also “cemetery.”)
Land without any buildings used for the commercial production
of agricultural products, such as corn, wheat, vegetables, ornamental
plants, or fruit. It may include minimal improvements and/or structures,
such as fences or irrigation systems.
See “instructional facility.”
A land use in which care and supervision of (at least three
or more) minors (children) or dependent adults is provided on a daily
or regularly programmed basis outside of their place of residence.
Care for each person is for less than a period of 24 hours and may
occur during any part of a day. Examples of activities which are day-care
facilities under this Code include: nursery schools, preschool programs,
after-school programs or day-care centers.
[Amended 3-1-2010 by L.L. No. 1-2010]
See “zone district.”
An accessory or primary land use that is a facility from
which customers conduct any business, secure consumer goods or services,
and such goods and services are dispensed for use or consumption either
off-premises or while the customers remain in their motor vehicles.
This facility may be a mechanical device, a service-type window, or
a kiosk attached to or detached from a principal building. This definition
includes facilities commonly referred to as: “drive-in or drive-through
banks,” “drive-in restaurants and movie theaters,”
“ATMs (automatic teller machines),” and “drive-up
kiosks.” This definition specifically excludes gasoline service
stations, car washes, and similar motor vehicle services where the
vehicle is the object of the retail service; it also excludes designated
vehicle loading areas accessory to retail or wholesale uses.
A lot, or land, or part thereof, used primarily for the storage
or disposal by abandonment, dumping, burial, burning or any other
means and for whatever purpose of garbage, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof, or waste material
of any kind.
A house, apartment building or other permanent building designed
or used primarily for human habitation.
A building designed for and occupied as a principal use by
three or more dwelling units.
A building containing only one dwelling unit, and occupied
by only one family.
A building containing only two units, and occupied by only
two families.
A complete self-contained residential unit, with living,
sleeping, cooking, and sanitary facilities within the unit, for use
by one family.
An activity characterized by the sale of goods directly to
the consumer or business through off-site delivery service. Typically,
have no or limited in-person sales or service. Delivery by business
or via a third party is primarily used.
[Added 6-20-2023 by L.L. No. 2-2023]
The use of land, structures or facilities to store, care
and operate emergency rescue, fire or ambulance services. It may include
space for vehicles, equipment and personnel.
Land used for the removal and transfer of sand, gravel, rock or stone, topsoil or earth and similar substances from their original or natural locations to a different property. Examples include: borrow pit, gravel or sand pit or mine. This definition shall exclude the removal of such substances incidental to the construction or the operation of a principal use and when the removed substances are redistributed on the original site or disposed of in accordance with a method approved by the Town. (See also the Code of Town of Clay, Chapter 100, Excavations.)
A facility designed for the assembly of large numbers of
people to attend meetings, lectures, conventions, or commercial product
shows. It may include areas for the consumption of food, classrooms,
auditoriums and offices. It excludes facilities for and the conducting
of sporting events and recreational activities.
One or more persons occupying the premises and living as
a single housekeeping unit with common use, care and access to living
and sleeping areas with shared cooking, eating and toilet facilities
as distinguished from a group of individuals occupying specified rooms
and without common access, use, or care of the entire dwelling, such
as within a boarding- and rooming house, motel/hotel, dormitory, fraternity/sorority,
club or hospital/nursing home.
Land occupied for the commercial production of field crops,
fruits, vegetables, ornamental plants, livestock and livestock products,
woodlands or similar products. A farm may include one or more noncontiguous
properties, but the primary farm properties (those occupied by residential
or any other farm-related structures) shall meet the zone district's
minimum dimensional standards. A farm typically includes buildings,
structures and outdoor areas for the storage, distribution, use of
fuel, supplies, equipment and raw agricultural products and may include
buildings used for residential purposes; the term includes facilities
to process, cook, mill or transform raw agricultural products into
retail consumer goods. (See also “cropland” definition;
for retail sale, see “farm stand.”)
An incidental and subordinate activity of a farm, nursery
or greenhouse involving a building or lot or portions of a building
or lot used for the seasonal retail sale of agricultural products,
and may include activities in which retail customers pick or select
their own produce from the fields or growing areas. A farm stand sales
area may be one or more noncontiguous spaces within a property and
shall be greater than 100 square feet. A total sales area of 100 square
feet or less does not constitute a farm stand.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
[Added 10-19-2009 by L.L. No. 5-2009]
See “yard, front” (applicable to other derivations,
e.g., front yard depth, front yard width).
A building or portion of building designed and occupied for
the preparation of deceased persons or animals for burial and for
the arrangement and management of burial ceremonies; the use commonly
includes accommodations for people to congregate and hold ceremonies
and includes the terms “funeral parlor” or “undertaker.”
The term excludes facilities for the cremation of human remains or
animals. (See “personal service use.”)
A building, structure or area of land used primarily for
the servicing of motor vehicles. It shall primarily include facilities
for the retail sale and dispensing of motor fuels and petroleum products,
goods and services generally required in the operation and maintenance
of motor vehicles, sale and servicing of tires, batteries, automotive
accessories and replacement items; lubrication services and the performance
of routine automotive maintenance and repairs. It may include areas
for the retail sale of items such as: prepared foods, groceries, magazines,
household or personal care items.
A retail gasoline sales facility consisting solely of gasoline
pumps, a shelter for station personnel, an overhead canopy, underground
gasoline storage tank(s) and typical associated fire suppression and
environmental protection equipment. Except for retail gasoline sales
or vehicle washing, no other vehicle-related services shall be provided.
It may include incidental sale of materials or merchandise, such as
prepared food, magazines, household and personal items. A limited-use
gasoline station may be considered, when found appropriate by a reviewing
board, to be a secondary use.
Drawing(s) of a site offering a depiction of how a site exists
or is proposed to be modified. The graphic plan typically accompanies
the submission application or documentation for a zoning approval
and will be drawn to scale and include details specified by the Town.
An accessory structure for a residential, nonresidential
or commercial land use that is typically enclosed with glass, plastic
or similar materials and which may be used for personal enjoyment
and/or the noncommercial production of plants.
A structure typically enclosed with glass, plastic or similar
translucent materials within which agricultural or horticultural products
are grown for retail or wholesale sale, and includes appropriate areas
for parking, loading and storage, office and customers.
The sum of the total horizontal areas of the several floors
of all buildings on a lot, measured from the interior faces of exterior
walls. In addition to areas primarily used for human occupancy, the
term also includes basements, elevator shafts, stairwells and any
floor space (attics, penthouses, mechanical rooms) with structural
headroom of six feet, six inches or more.
A facility designed, constructed and maintained to safely
store and distribute materials considered hazardous in normal use.
Examples include: ammunition, explosives and chemical waste.
An informal process that may be required by this code or
may be optional by a reviewing board; its primary purpose is to disseminate
and present information to the public. The notification requirements
and conduct of the meeting shall be established by the reviewing board.
A formal process required by NYS law and/or this code; its
primary purposes are to provide information to the public and to solicit
opinions and comments from the public. Notification requirements are
stipulated by NYS law, this code and/or Town policy.
A use where construction, farm or similar large equipment
and machinery may be sold, stored, displayed or serviced. Such activities
may be conducted in open areas outside of any structures.
Any personal or professional service, trade or occupation conducted within a dwelling by the residents thereof, which use is incidental and accessory to the use of the property for residential purposes, which does not change its residential character, and conforms to the requirements of this code. [See § 230-27I(2)(a).]
An institution specializing in giving medical, surgical or
rehabilitation treatments to persons on an in- or out-patient basis,
and may include lodging and dining facilities for the patients and
staff.
A principal use of structure for individual or small group
sporting events or recreational activities, such as: indoor tennis
courts, bowling alleys and athletic clubs. Such facilities are designed
for the direct use and participation of most of the attendees, and
may include minimal spectator facilities.
A principal use of structure for individual or team sporting
events or recreational activities, such as indoor soccer fields and
basketball courts. Such facilities are designed for the direct use
and participation of some of the attendees, and include substantial
spectator facilities.
A principal use offering individual or small group instruction,
orientation or training in various topics for personal development,
such as performing arts, martial arts, crafts, or computer usage.
Land occupied by an activity principally characterized by
the collection, dismantling and salvaging of waste material, inoperative
equipment, machinery or motor vehicles, and may include the retail
sale and/or wholesale distribution of salvaged material. (See “dump.”)
(See “animals” and animal-related definitions.)
A land use or structure used for the commercial harboring or care
of domestic animals, such as dogs, cats, and similar domestic pets.
See “perimeter landscape strip.”
A type of term used in this code as a group label for terms
that describe and define human activities (land uses) that may occur
on the land.
A public or private institution maintaining a selection of
books, records and similar media for use by the general public or
membership, and may include meeting or lecture rooms, but shall exclude
businesses which rent books, records, videotapes, videodiscs, athletic
equipment or similar objects for compensation or profit.
An area of land defined by property lines shown on a deed,
survey or official tax map, and is considered as a unit, occupied
or capable of being occupied by one principal building and accessory
buildings or uses, or when permitted in this code by multiple buildings
or uses united by a common use or interest; and including such open
spaces as are required by this code, and having frontage on a public
or private right-of-way or an officially approved right-of-way.
The total square footage within the property line of a lot,
including easements and excluding land within dedicated streets or
highway boundaries
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°. The narrower ROW frontage of
a corner lot shall be the front of the lot, and the lot shall have
one side yard and one rear yard established in relation to that front
yard. (See also “lot, three-sided.”)
An irregularly shaped lot with at least two major portions:
a nondevelopable narrow area abutting a right-of-way connected to
the larger developable area surrounded by other lots, conforming in
all other respects to the district lot and setback requirements. The
undevelopable portion of the lot shall be maintained clear of all
structures and have a minimum width of 30 feet.
The length of the front lot line measured at the street right-of-way.
[Added 10-19-2009 by L.L. No. 5-2009]
The orientation of lot shall be determined as follows. The
front property line of a lot shall be same as the street right-of-way
line, regardless of length and intended orientation of any existing
or proposed buildings, and the side and rear lines shall be determined
relative to that front line. For corner, reverse-frontage and flag
lots, see applicable definitions. For all other irregularly shaped
lots, the lot orientation shall be determined by the Commissioner
of Planning and Development.
A non-corner lot that has two opposite lot lines contiguous
with a street right-of-way line, one line representing the front and
the other representing the rear of the lot. Unless specified during
a subdivision approval process, the front lot line shall be determined
by Commissioner of Planning and shall be based upon the following
guidelines: the predominant orientation of nearby lots, the character
of the abutting rights-of-way, and the existing or intended land use.
See “shoreline lot.”
A lot with only three property lines forming its boundaries.
For purposes of enforcement it shall have: no rear yard, two side
yards and a front yard extending the entire width of the lot. The
front yard shall conform to the requirements of the applicable zone
district and shall have two side yards with a minimum depth of 10
feet each, regardless of the zone district requirements.
The distance between the side property lines measured along
the front building line as determined by the applicable front yard
setback requirement as defined in this code.
See “shoreline lot width.”
Land and/or a building occupied to process or transform raw
or previously processed materials into finished products or parts
and the storage and distribution of those materials to other manufacturers
and/or wholesale or retail businesses. Examples include: furniture
manufacturer, metal processing, chemical processing, or assembly plants.
This use shall exclude bulk storage and distribution of petroleum,
natural gas or potentially hazardous chemicals.
A transportable dwelling unit suitable for one family, year-round
occupancy and containing the same conveniences as immobile housing
with respect to water supply, light, heat, power and waste disposal.
A manufactured home is a portable unit designed and built to be towed
on its own chassis comprised of a frame and wheels and designed for
occupancy without a permanent foundation for year-round living. A
unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity.
A unit may also be two or more separately moveable components designed
to be joined into one integral unit capable of being again separated
into the components for repeated towing (double wide). Though manufactured
units retain mobility, they are designed to be used as long-term residential
units and exclude travel trailers, motorized homes, pickup coaches,
camping trailers, and all forms of recreational vehicles.
The accessory use of land adjacent to a water body for an
individual private dock or boathouse facility incidental to a principal
residential use.
The use of land, structures and adjacent water bodies for
the storage and docking of one or more boats at docks or boathouse
facilities. It shall exclude public or club use and shall contain
no facilities for fuel, repair, sales, food or similar commercial
operations.
The use of land, structures and adjacent water bodies for
the storage, docking, and/or servicing of boats for compensation or
as nonprofit operation. It may include other business activities,
such as retail fuel sales and administrative operations, restaurants
and similar services.
An office where patients are treated or attended to by medical
practitioners that include but are not limited to: physicians, dentists,
physical or occupational therapists, laboratory tests, diagnostic
(X-ray, MRI, etc.) testing. This definition excludes clinics and hospitals.
See “public self-storage facility.”
See “manufactured home.”
Land designed and planned in accordance with this code for
occupancy by one or more manufactured home units.
Any structure or building designed only for permanent placement.
It may be assembled completely or partially into major building components
off-site; and transported to a different site for permanent placement
on a foundation. A major building component shall include but not
be limited to such elements as rooms and be an assembled unit of walls,
floor and ceiling. Off-site preassembly of elements such as stairs
or steps, roof rafters or floor joists commonly used in the conventional
construction of a building shall not be considered major building
components. For purposes of these zoning regulations, a modular structure
is the same as any conventionally built structure and shall comply
with all applicable use and dimensional controls.
Land and/or structures commercially used for the rental of
motor vehicles, including cars, trucks, recreational vehicles, motorcycles,
trailers, snowmobiles or boats.
[Added 4-5-2010 by L.L. No. 3-2010]
Land and/or structures commercially used for the sale of
motor vehicles, including cars, trucks, recreational vehicles, motorcycles,
trailers, snowmobiles or boats.
[Added 4-5-2010 by L.L. No. 3-2010]
The sale of cars, trucks, recreational vehicles, motorcycles,
trailers, snowmobiles, or boats within an enclosed structure. Vehicles
shall not be displayed or stored outdoors.
[Added 3-5-2012 by L.L. No. 1-2012]
Land and/or structures commercially used for the servicing
and repair (including auto body/collision repair) of motor vehicles,
including cars, trucks, recreational vehicles, motorcycles, trailers,
snowmobiles or boats.
[Amended 4-5-2010 by L.L. No. 3-2010]
A facility occupying land, structures and/or buildings for
the temporary controlled storage of operable motor vehicles. The addition
or removal of any vehicle shall be subject to the control of the facility
management. The use may contain space for offices and vehicles directly
related to the operation. Examples include: impound yards, towing
services, vehicle holding yards or similar facilities storing vehicles
for legal or financial reasons. This use excludes routine public parking,
public garages, the storage of disabled or junk motor vehicles and/or
“motor vehicle sales, service, rental” (as defined).
An establishment typically open to the public that predominantly
includes areas for customer dancing or similar activity from live
performance or recorded musical entertainment; it may include incidental
food services and eating areas. (See also “land use,”
“restaurant,” and “indoor recreation-participant.”)
Land and/or building improved and occupied for the commercial
raising, storage or retail sale of household or ornamental plants,
and may include the incidental sale of garden supplies.
See “day-care center.”
An establishment where elderly, sick, invalid, infirm or
convalescent persons are housed or lodged, furnished with meals and
long-term nursing care and rehabilitation for hire.
[Amended 3-1-2010 by L.L. No. 1-2010]
A building or a portion of a building exclusively occupied
to perform services as a principal, accessory or incidental use of
an administrative, professional or clerical nature and includes activities
such as: insurance, real estate, financial, legal, design, and management.
It shall exclude a “medical office,” separately defined
in this code.
A principal structure primarily designed and/or occupied
by one or more offices. (See “office” definition.)
Any contrivance, apparatus or part thereof, including a boiler,
fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke
pipe, exhaust conduit and like devices used for the burning of combustible
fuels for the creation of heat or energy from an exterior location
into an interior location. For the purpose of this definition, outdoor
furnaces are considered an accessory structure.
[Added 10-19-2009 by L.L. No. 5-2009]
An outdoor furnace with a thermal output rating greater than
250,000 British thermal units per hour (Btu/h).
[Added 10-19-2009 by L.L. No. 5-2009]
An outdoor furnace with a thermal output rating greater than
250,000 British thermal units per hour (Btu/h) or less.
[Added 10-19-2009 by L.L. No. 5-2009]
A principal use of land or structures for individual or small
group sporting events or recreational activities, such as swimming
pools, tennis courts, golf courses and exercise tracks, archery, pistol
or rifle ranges. Such facilities are designed for the direct use and
participation of most of the attendees and may include minimal spectator
facilities. This land use may include incidental facilities for serving
food and beverages.
A principal use of land and facilities for individual or
team sporting events or recreational activities, such as outdoor soccer,
football or baseball fields or basketball courts. Such facilities
provide substantial spectator seating and observation areas and may
include space for direct participation of some of the attendees. This
land use may include incidental facilities serving food and beverages.
(See also “retail use.”) The use of an area of
land outside of a building for the sale, display, servicing or storage
of products, equipment, supplies, or merchandise related to a retail
use. Such areas may be incidental to a principal retail use occupying
a building or may be the primary sales area and include by illustration
the sale of lumber, building or garden supplies, but specifically
excludes vehicle sales, service or repair, junkyards, waste or scrap
products or farm products.
An area of land to be subdivided or consolidated. (See also
“lot.”)
See “park/playground (private).”
Private land reserved and minimally improved for recreational,
educational or scenic purposes available to the general public or
to a limited membership and may include facilities such as ball fields,
tennis and basketball courts, playground equipment, storage and service
buildings and picnic shelters, but excludes outdoor recreational (participant
or spectator) uses as defined in this code.
The land adjacent to front, side and rear lot lines, included
within the same space for required setbacks but solely designed and
used for buffering and transition between lots. Irrespective of allowable
structures or uses within such required setbacks, the perimeter strip
shall not be used for parking. Driveways and walks are permitted to
transverse a perimeter strip to allow for necessary vehicle and pedestrian
movements; stormwater management and water quality facilities are
allowed within the front yard portion of the perimeter landscape strip.
It is intended that such perimeter strip be used for planting of trees,
shrubs, flowers, and evergreens to provide neighborhood beautification.
[Amended 9-6-2017 by L.L.
No. 2-2017]
A commercial activity where the customer is typically present
and is the direct object of the services received and characterized
by the direct on-premises sale of services to the ultimate customer
and includes uses commonly referred to as: “barbershops,”
“beauty salons,” “dry cleaners,” “self-service
laundries” and similar activities. (See also “retail use.”)
A facility under the direct supervision and control of a
charitable, religious, fraternal, social service, public or similar
community organization, including not-for-profit corporations, providing,
and generally limited to, club membership, a place of congregation
or meeting for purposes of education, training, counseling, active
or passive recreation or similar pursuits, including social facilities.
This land use may include incidental facilities for serving food and
beverages. This term shall not include schools or retail business
activities.
Legal boundary surrounding any area of land that is properly
recorded on a deed, survey or tax map with the Town and/or County
Clerk. For purposes of this code, any street, highway, or railroad
ROW line shall also be considered a property line. Power and utility
transmission ROW lines shall not be property lines unless explicitly
noted in appropriate legal documents.
A land use characterized by the retail rental of storage
space or units for holding personal or business items with direct
customer access to the storage space. Examples include: mini-warehouse,
public storage, or self-storage facilities; the use excludes: temporary
or portable units, such as tractor trailers or storage trailers (with
or without wheels).
See “yard, rear” (applicable to other derivations,
e.g., rear yard depth).
See “park/playground (private)” or “outdoor
recreation - participant.”
A principal land use engaged in the commercial bulk collection
of recyclable materials from off-site or unrelated sources, and may
include the associated storage, processing, distribution and/or resale
of these materials. Materials collected may include appliances, motor
vehicles, construction waste, by-products of manufacturing processes,
organic materials and materials received from recycling collection
sites (see separate definition). Recyclable materials exclude any
material considered under the Town Code to be garbage.
A principal, secondary or accessory land use engaged in the
collection of recyclable materials directly from consumers and includes
the temporary storage for transfer to a recycling bulk processor or
an approved waste disposal site. For purposes of enforcement, these
sites, when permanently established, shall be considered retail uses.
Such uses may include: collection bins or equipment for bottles and
cans, batteries (excluding motor vehicle batteries), paper products,
plastics, packaging or similar types of items commonly used in households
or offices. These uses specifically exclude: the collection of any
organic by-products or waste, typical household or office trash, medical
waste, furniture, appliances or any motor vehicles. Examples include:
redemption centers, bottle and can collection areas or equipment at
retail stores, temporary (nonprofit fundraising) collection sites,
or retail stores accepting trade-in products, such as computers or
similar electronic equipment.
An activity that collects, transforms, compacts, breaks down
or otherwise converts waste, by-products of manufacturing processes,
or finished products into smaller or component parts. These parts
may then be disposed of in an approved waste disposal site or made
available for reuse in any other process, such as: manufacturing,
construction, or agriculture. Examples include: glass crushing, reprocessing
of road asphalt, composting, paper reprocessing, metal separation,
organic-waste treatments, separation or refinement of chemicals or
paints, motor vehicle oil (used) re-treatment.
Equipment, structure or area of land used as a secondary
or accessory land use in a recycling process. This facility shall
be integral or directly related to the production process of any principal
agricultural, commercial or industrial land use. Examples include:
organic composting bins or areas, animal waste (manure) holding areas
and spreading equipment, or treatment plants for manufacturing by-products
or waste. A recycling facility for typical household residential uses
(e.g., garden composting bins) is excluded from this definition.
A building used by people to regularly gather, attend and/or
participate in religious services, ceremonies, instruction, meetings
or similar activities and includes buildings commonly referred to
as “churches,” “synagogues,” “meeting
houses” or “temples”; the use may also include attached
or detached dwelling units for a caretaker and/or primary religious
official and their families.
A facility to process and convert raw animal products, by-products
or general food waste into nonfood products that may be commercially
usable for agricultural, industrial or consumer purposes, such as
oil, soap, or fertilizer.
A building or portion of a building occupied for the retail
sale of food and/or beverages that are prepared and served in a ready-to-consume
state for either on- or off-premises consumption. This definition
includes uses commonly referred to as: “luncheonettes,”
“snack bars,” “family restaurants,” “ice
cream or pizza parlors,” “take-out restaurants,”
“taverns,” “inns” and “cafes.”
Excluded are: nightclubs/dance halls, temporary facilities associated
with carnivals, field days, charitable fundraising or similar events
and the incidental retail sale of prepared food accessory to another
principal use, such as a gasoline service station or employee cafeterias
and snack areas.
See “subdivision.”
An activity primarily characterized by the on-premises or
delivery sale and display of goods and services to the consumer and
businesses; the use may contain areas for related accessory uses.
Examples include uses commonly referred to as: “department stores,”
“hardware stores,” “grocery stores,” “boutiques,”
“craft shops,” “appliance repair shops,” “video
rental stores” and “personal service uses” (defined
separately in this code). Excluded are the following principal uses:
restaurants; gasoline service stations; motor vehicle sales, service
or rental; and outdoor retail sales, display or service.
[Amended 6-20-2023 by L.L. No. 2-2023]
Legal boundary of the edges of a public or private road,
street, highway, railroad, waterway or similar transportation corridor.
Such boundaries are typically controlled and set by government agencies
and/or state law. Current ROW lines may supersede an older property
survey or deed description. The ROW line is the same as the street
line forming the front or side property line of abutting lots.
A public or private institution providing a curriculum of
elementary and secondary academic instruction and includes a kindergarten,
elementary, middle and high school. It excludes vocational, trade,
or boarding schools, colleges or the offering of group instruction
within a residence.
See “use, secondary.”
See “public self-storage facility.”
A building, portion of building or a group of buildings that
provide dwellings in a residential environment where individual cooking
facilities are limited to microwave ovens, and/or cooktops, with assistance
available by way of common meals, housekeeping and personal services.
Occupancy is restricted to persons 55 years of age or older or couples
one of whose member is 55 years of age or older who may have difficulties
with one or more essential activities of daily living, such as feeding,
bathing, dressing or mobility.
[Added 3-1-2010 by L.L. No. 1-2010; amended 5-20-2019 by L.L. No. 2-2019]
A facility intended to provide for specialized housing for
persons of 55 years of age or older, including senior independent-living
facilities, senior congregate-living facilities, senior assisted-living
facilities and senior day-care facilities.
[Added 3-1-2010 by L.L. No. 1-2010; amended 5-20-2019 by L.L. No. 2-2019]
A building under the direct control of the ownership/management
of rented units and/or a community association of homeowners and used
as a place of assembly for religious, social, recreational or educational
programs and meetings of the residents of the Senior District.
[Added 3-1-2010 by L.L. No. 1-2010]
A facility with limited operating hours where specialized
caregiving and supervision are provided for three or more adults,
away from their own homes for less than 24 hours per day and who have
difficulties with one or more essential activities of daily living.
[Added 3-1-2010 by L.L. No. 1-2010]
A building or group of buildings that contain any combination
of two or more senior citizen facilities, one-family dwelling, multiple-family
dwelling, and senior support services; intended specifically for persons
55 years of age or older.
[Added 3-1-2010 by L.L. No. 1-2010; amended 5-20-2019 by L.L. No. 2-2019]
A building or portion of a building or a group of buildings
containing dwelling units with full kitchens specially designed for
use and occupancy by the elderly which may have common amenities but
no common dining room and whose occupancy is restricted to persons
55 years of age or older or couples one of whose member is 55 years
of age or older.
[Added 3-1-2010 by L.L. No. 1-2010; amended 5-20-2019 by L.L. No. 2-2019]
Senior support services may include limited retail, restaurant,
medical and personal services. Such support services shall be intended
for use by residents of the Senior District, and are allowable by
special permit only.
[Added 3-1-2010 by L.L. No. 1-2010]
The minimum or maximum (as set forth in each zone district)
distance formed by a line connecting two points measured towards the
interior of a lot from the front, side and rear property lines forming
the boundaries of the lot's buildable area and required yard areas.
For irregular or curved property lines, the distance shall be a line
parallel to the property line. (See also “yards, required.”)
Land planned, improved and managed to accommodate a grouping
of two or more commercial uses in one or more buildings designed to
share parking, access, signage and other site services; uses commonly
included within a shopping center are: retail stores, restaurants,
drive-in services, gasoline service stations, indoor recreation and
offices. Two or more separately owned commercial units shall not be
deemed a shopping center solely by virtue of the fact that they share
a common access to adjoining highways and/or parking facilities.
The physical boundary of a water body and may fluctuate with
natural changes in water elevation. Unless established by a federal
or state agency, the shoreline shall be the annual mean high-water
mark, as determined by a professional civil engineer or a licensed
surveyor. (See also “lot, shoreline”; “lot width”;
“shoreline”; and “structure, shoreline.”)
Installation of any man-made materials or modifications to
existing natural conditions to facilitate access, swimming, boating,
or fishing to an adjacent body of water. It includes but is not limited
to such activities as excavation of boat slips or launches; installation
of piers, docks, decks, or walls.
Any property that has at least one property line or portion
of a property line within or adjacent to a water body. For enforcement
purposes, the front of a lot shall be along a property line adjacent
to an existing or proposed public or private right-of-way. The portion
of a lot adjacent to a water body shall be subject to the width, setback
or other provisions of the Riverfront Overlay Zone.
The width of property adjacent to a water body shall be measured
as the most direct straight or curved line parallel to the approximate
center line of the adjacent water body, as determined by the Commissioner.
The natural variations of a shoreline shall not be used to determine
the shoreline width of a property.
A type of accessory structure, as defined in this code, specifically
designed or modified to facilitate direct access to an adjacent water
body, such as a storage building or boathouse that affords protection
and/or storage to boating craft while remaining in the water.[2]
See "graphic plan"; see also "site plan review."
An examination of a proposed land development by the Town
Planning Board pursuant to the guidelines and standards of this code.
A facility where animals are temporarily held, butchered
and prepared for either retail or wholesale market consumption.
An accessory use to a principal use which, because of its
unique characteristics, requires special consideration in each case
by the Planning Board before a building permit can be issued. This
is subject to annual renewal.
[Added 10-19-2009 by L.L. No. 5-2009]
See “public self-storage facility.”
An incidental and temporary structure to hold or shelter
materials; examples include: storage trailers, box trailers, inflatable
units, tents.
A public or private right-of-way affording the public vehicular
and/or pedestrian access to abutting property. (See “right-of-way.”)
A single line formed by the intersection or overlap of the
street or road right-of-way boundary and the abutting property line.
Anything constructed, erected or otherwise situated on the
land, whether of a permanent or temporary nature.
A building, structure or mechanical equipment or decorative
device attached to or detached from a principal structure, located
on the same lot or property and is subordinate and incidental to the
use of the principal structure. The term includes improvements such
as: mailboxes, fences, garages, storage sheds, waste disposal equipment,
antennas, swimming pools, parking/loading areas and signs.
[Amended 12-15-2014 by L.L. No. 1-2015]
A building, structure or mechanical equipment designed, built,
occupied, or used by the principal land use activity allowed on the
lot.
See “shoreline structure.”
The division of a parcel of land into two or more blocks,
lots, or plots, with or without streets or highways, for sale, lease,
any similar conveyance or future development.
The relocation of an existing lot line(s) between two or more legally existing lots without creating new streets, curb cuts, infrastructure needs or lots; or the elimination of a lot line consolidating two existing legal or legal nonconforming lots without creating new streets, curb cuts, or infrastructure needs. For purposes of § 230-28F (Subdivision adjustments) of this code, legally existing lots may also include lots on an approved unfiled plat map.
An accessory structure that is a receptacle for water, having
a depth at any point greater than two feet, used or intended to be
used for swimming or bathing, and constructed, installed or maintained
in or on the ground.
A form of indoor recreation-spectator use comprised of two
main permanent building components: a display or performance space
(stage, movie screen, podium, etc.) and customer sitting areas for
viewing and listening to presentations/performances. It may include
incidental areas for the sale of prepared food and drinks (snack-beverage
bar, vending machines), but not designated eating or dining areas.
A series of principal structures combined into a larger single
building. Each building is a series of single-family dwelling units,
having a common wall between each unit with each unit having separate
utility services and being located on a separate filed lot.
See “recycling bulk process facility.”
Land and buildings used as a relay station for the transfer
of cargo from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term storage. The terminal
facility may include pickup and dropoff areas, parking areas for trucks,
and structures or areas for the servicing of trucks associated with
the terminal.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
[Added 10-19-2009 by L.L. No. 5-2009]
An activity located on the same lot or property which is
incidental to a principal use that is subordinate and supportive in
purpose to the principal use. Some examples include uses such as:
management offices for business, institutional or industrial establishments;
incidental machine or equipment repair for retail businesses.
The major use or activity occurring on a lot and defining
the overall purpose of the land and structures.
A minor land use within a larger principal land use or structure
that does not directly relate or support the principal land use. Secondary
uses are permitted when specified in a district, subject to the designated
review.
Land occupied by a building, structure or equipment used
for private business or by a private or public utility service regulated
by the NYS Public Service Commission or a federal agency in the transmission
or collection of energy, water, or sanitary waste and may include
communication towers, transmission poles and towers, cellular phone
towers or antennas, pump stations, and equipment monitoring buildings.
It excludes transmission facilities for public broadcasting use; offices
for public benefit; vehicles, equipment and material storage; warehousing
and similar functions.
A business providing for the care, medical treatment and
incidental boarding of dogs, cats, similar domestic animals, and/or
farm animals.
A building primarily designed or used for the storage of
materials, such as consumer products, business or administrative records,
industrial or agricultural supplies, tools or equipment, and/or personal
items. This definition excludes public self-storage facilities, wholesale
uses, and truck terminals, separately defined in this section.
A commercial activity characterized by the bulk storage,
distribution and/or sale of merchandise to other retail, manufacturing,
construction contracting, institutional or wholesale establishments.
This use may include provision for related administrative offices,
product showrooms, truck storage and parking areas. It excludes facilities
for the storage and distribution of petroleum, natural gas or hazardous
chemicals.
The land area of a lot or property unoccupied by principal
structures or principal land use activities. Yards are typically occupied,
used or improved with landscaping, signs, parking, pavements and similar
minor and incidental structures or activities. Yards or portions of
yards may be both regulated and unregulated by this code according
to the zone district and/or the supplemental regulations. (See also
definitions for “yard, required” and each type of yard.)
The required open space extending across the entire width of the lot between the front property line and the required front setback distance. Permissible intrusions into the front yard may include steps and ramps that are minimally necessary for access, eaves and cornices. (For additional permitted intrusions, see Article IV, Supplemental Regulations.)
[Amended 10-19-2009 by L.L. No. 5-2009]
An open, unoccupied space, except for walks, patios, paved
areas, fences, and the parking of motor vehicles, on the same lot
with the building between the rear building line and the rear lot
line and extending the full width of the lot.
[Amended 12-15-2014 by L.L. No. 1-2015]
The areas of land within a property and measured inwardly
from the property lines specifically regulated by this code as to
the type and nature of permitted structures, improvements or activities.
The requirements may vary by zone districts, land use or other criteria.
The required yards are for multiple purposes, such as perimeter landscape
strips, vehicular separation, aesthetics, fire protection, snow storage
and drainage. (See also definitions for “setback, yard”
and each type of yard.)
An open, unoccupied space on the same lot with the building,
situated between the side building line and side lot line, and extending
between the required front yard and rear yard. It may be occupied
by walks, patios, pavement, fences, eaves and cornices.
[Amended 10-19-2009 by L.L. No. 5-2009; 12-15-2014 by L.L. No. 1-2015]
Legal areas established by this code to organize and regulate
private land development activity within the Town. A zone district
will typically encompass many properties that may be occupied or used
by a variety of land uses. The land uses regulated by a district are
based upon the specific text included in this code.
[2]
Editor's Note: The definitions of "sign," "sign, advertising" "sign, animated," "sign area," "sign, business," "sign, construction," "sign copy changes," "sign display surface," "sign facing," "sign, freestanding," "sign height," "sign, information," "sign letters and decorations," "sign maintenance," "sign, marquee," "sign, official," "sign, open house/residential real estate sign," "sign, political subdivision and civic," "sign, private traffic," "sign, projecting," "sign, public safety," "sign, roof," "sign, site development," "sign, statuary," "sign structural trim," "sign structure," "sign, temporary promotional or announcement," "sign, time and/or temperature device," "sign, wall," "sign, window" and "sign window display," which immediately followed this definition, were repealed 4-7-2008 by L.L. No. 5-2008. For current definitions relating to signs, see § 230-22B.
