Specific terms. For the purpose of this chapter, unless
the context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
ARCADE
An establishment, the principal use of which is the operation
by customers of coinoperated games, including video games, pinball
machines, or other similar electronic or mechanical games.
[Added 11-5-2014 by L.L. No. 8-2014]
BOARDINGHOUSE or ROOMING HOUSE
A dwelling occupied by an owner in which three or more rooms
are rented or offered for rent to persons unrelated to the owner.
BUILDING
Any structure having a roof supported by columns or by walls.
BUILDING, ACCESSORY
A subordinate building not physically connected to the principal
building, the use of which is incidental to and associated with that
of a principal building and located on the same lot with such principal
building.
BUILDING HEIGHT
The vertical distance from the mean finished grade, as measured
along the front wall of a building, to the highest point of the building.
BUILDING INSPECTOR
The Building Inspector of the Town of Fenton.
[Added 6-4-1997 by L.L. No. 2-1997]
BUILDING LINE
A line passing through that point on a building or structure,
including projections, nearest a stated lot line and parallel to such
lot line.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which
it is located is conducted.
CELLAR OR BASEMENT
A story more than 1/2 the volume of which is below the adjoining
finished grade surrounding it.
CONSTRUCTION SIGN
A temporary sign placed on a construction site during the
construction period that may list the names of the project, architects,
engineers, contractors, subcontractors, owners, financial supporters,
sponsors and related information.
[Added 10-2-1997 by L.L. No. 4-1997]
DRIVESTRIP
The traveled portion of a highway, including the shoulder.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
ELECTRICAL DISTRIBUTION SUBSTATION
Any facility, whether or not enclosed, using equipment designed
to receive energy from a high-voltage distribution supply system and
to convert it to a form suitable for local distribution.
FACTORY MANUFACTURED HOME (MODULAR HOME)
Shall be the same as that contained in the New York State
Residential Code, as the same may be amended from time to time, which
as of December 4, 2013, read as follows: "A structure designed primarily
for residential occupancy, constructed by a method or system of construction
whereby the structure or its components are wholly or in substantial
part manufactured in manufacturing facilities, intended or designed
for permanent installation, or assembly and permanent installation,
on a building site." Factory manufactured homes (modular homes) shall
conform to the requirements of Title 19, Chapter XXXII, Part 1209
of the New York Code of Rules and Regulations, as the same may be
amended or recodified from time to time, including but not limited
to the requirement that such homes be manufactured and installed in
compliance with the New York State Fire Prevention and Building Code.
[Added 6-4-2014 by L.L. No. 5-2014]
FAMILY
One or more persons living together as a single housekeeping
unit.
GARBAGE
Includes:
[Added 6-4-1997 by L.L. No. 2-1997]
(1)
Food or food waste of all kinds, whether for
human or animal consumption.
(2)
Used food containers or parts thereof, whether
fabricated of metal, paper, wood or glass.
(3)
Paper materials used in food packaging.
(4)
Dead animals or parts thereof.
(5)
Any other matter which shall be capable of fermentation
or decay, except wood and when such matter is used as fertilizer upon
farms or gardens.
GARAGE, ATTACHED
A garage having a wall or a portion thereof common to a principal
building.
GRADE, MEAN FINISHED
The average grade level of the ground measured at the front
wall of a building.
GROSS FLOOR AREA
The total area of all floors within the exterior walls of
the building.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling,
and which use is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
HOUSING, ELDERLY
Multiple-housing units operated by private or public entities
or organizations providing residential and day-care activities for
elderly individuals.
[Added 11-18-2008 by L.L. No. 6-2008]
JUNKYARD
Any business or activity, whether or not conducted for profit,
involving the use of premises outside a building for the collection,
storage, burning, dumping, scrapping, salvaging, sorting or otherwise
handling or arranging for sale, resale, storage, or disposal or otherwise
of:
[Amended 5-11-2016 by L.L. No. 2-2016]
(1)
Secondhand or used property of whatever material; or
(2)
Waste material, including but not limited to wood, paper, cloth,
cardboard, plastic, metal, stone, cement, solvents, chemicals, ceramic,
electronic equipment and parts, and the like.
LOADING SPACE
An area provided on a lot for the temporary parking of a
vehicle while loading or unloading merchandise or materials and affording
access to a street.
LOT
A parcel of land under common ownership, occupied or capable of being occupied by a building conforming with the provisions of this chapter (see also Subsection
C of §
150-8).
LOT, CORNER
A lot situated at the intersection of two or more public
streets or highways.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT, FLAG
A lot that meets the minimum area requirements of this chapter
and is connected to a public right-of-way by a strip of land at least
25 feet wide and containing an access drive.
[Added 6-4-1997 by L.L. No. 2-1997]
LOT FRONTAGE
[Amended 6-7-1994 by L.L. No. 2-1994]
(1)
The horizontal length of the front lot line.
(2)
For the purposes of determining whether a property
held in fee meets the minimum lot frontage requirement in any zoning
district, it shall be sufficient if said property is served by access
to a public highway over land held in fee by the owner of the dominant
parcel, a right-of-way or easement, provided that:
(a)
The land held in fee, easement or right-of-way
is at least 25 feet wide for the full extent of its duration.
(b)
The building permit is reviewed by the Town
Planning Board and said Board determines that access to the dominant
parcel held in fee is adequate to ensure adequate access to the parcel
for public safety purposes; in any event such access shall be no less
adequate than that required by § 280-a of the New York Town
Law.
(c)
The easement of right-of-way exists by virtue
of an express grant or deed reservation and the instrument containing
it has been recorded in the Broome County Clerk's Office and indexed
as a real property record.
(d)
Said easement or right-of-way is perpetual in
duration.
(e)
Said easement or right-of-way, by its terms,
provides that the owner of the servient parcel has no right to block
or restrict use of the easement in any way and shall be maintained
to provide 20 feet of road clearance sufficient for access by emergency
vehicles;
(f)
Said easement or right-of-way is unrestricted
as to the type of ingress and egress allowed; and
(g)
The dominant parcel has access to all necessary
public utilities, whether by means of the easement or right-of-way
or otherwise.
(h)
The access over the land held in fee, easement
or right-of-way is used for access to no more than one principal structure.
(3)
Nothing herein should be construed to allow
the creation of a subdivision under Town of Fenton Subdivision Regulation, unless access to said subdivision is provided directly
from a public roadway.
(4)
The purpose of Subsection B is to allow the
development of so-called "flag lots" not having the usual road frontage
when said lots can, in accordance herewith, be developed in a manner
consistent with this chapter and public interest.
LOT LINE, FRONT
A lot line which abuts and is a common boundary with a street
right-of-way. In case of corner lots, the "front lot line" shall be
determined as the common boundary with the shortest street line.
LOT WIDTH
The horizontal length of the front building line.
MANUFACTURED HOME
Shall be the same as that contained in the New York State
Residential Code, as the same may be amended from time to time, which
as of December 4, 2013, read as follows: A factory-manufactured dwelling
unit built on or after June 15, 1976, and conforming to the requirements
of the Department of Housing and Urban Development (HUD), Manufactured
Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93,
transportable in one or more sections, which in the traveling mode,
is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or
more in length, or, when erected on site, is 320 square feet (29.7
m
2) minimum, constructed on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities and includes the plumbing,
heating, air-conditioning and electrical systems contained therein.
The term "manufactured home" shall also include any structure that
meets all the requirements of this definition except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the Federal Department of Housing and Urban Development
and complies with the standards established under the national Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicle.
[Added 6-4-2014 by L.L. No. 5-2014]
MANUFACTURED HOME PARK
Any parcel or tract of land of common undivided ownership
upon which three or more manufactured or grandfathered mobile homes,
occupied for dwelling or sleeping purposes, are located, regardless
of whether a charge is made for such accommodation.
[Added 6-4-2014 by L.L. No. 5-2014]
MOBILE HOME
Shall be the same as that contained in the New York State
Residential Code, as the same may be amended from time to time, which
as of December 4, 2013, read as follows: "A factory-manufactured dwelling
unit built prior to June 15, 1976, with or without a label certifying
compliance with NFPA, ANSI or a specific state standard, transportable
in one or more sections, which in the traveling mode is eight feet
(2,438 mm) or more in width or 40 feet (12,192 mm) or more in length,
or, when erected on site, is 320 square feet (29.7 m
2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term 'mobile home' shall
not include travel trailers or any self-propelled recreational vehicle."
Mobile homes shall conform to the requirements of Title 19, Chapter
XXXII, Part 1210 of the New York Code of Rules and Regulations, as
the same may be amended or recodified from time to time.
[Amended 4-5-1989 by L.L. No. 2-1989]
MOTOR VEHICLE SCRAP FACILITY
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old, or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric, or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles. For the purposes
of this definition, the phrase "motor vehicle" shall mean all vehicles
propelled or drawn by power other than muscular power originally intended
for use on public highways.
[Added 5-11-2016 by L.L.
No. 2-2016]
NOXIOUS MATTER
Material which causes injury to the environmental, psychological,
social or economic well-being of individuals.
OUTDOOR RECREATION
Any use of land, when conducted as a business for which a
fee is charged, with or without buildings, structures, or facilities,
that provides to the public passive or active outdoor recreation or
entertainment opportunities or activities.
[Added 4-4-2019 by L.L.
No. 5-2019]
(1)
Trap ranges (steel shot and trap loads), archery ranges, and
rifle and pistol ranges, in accordance with any applicable state and
federal requirements and subject to local requirement as identified
through site plan review.
(6)
Short-term, seasonal (March 1 to Columbus Day weekend) recreational
camping. Camping by guests (including stay of any recreational vehicle
(RV) or other type of mobile or permanent camper) for more than two
weeks during any season shall be prohibited.
(7)
Picnic areas and similar places of day use.
(9)
Horseback riding facilities.
(10)
Cross-country ski facilities.
(12)
Miniature golf facilities.
(15)
Boat rentals and launches (including boats, canoes, kayaks,
and other floatation devices).
(17)
Mountain bike facilities.
(18)
Onsite catering and reception services.
(21)
Uses similar to the foregoing which, in the opinion of the Town
of Fenton Planning Board, are consistent with the spirit and intention
of this definition.
PARKING SPACE, OFF-STREET
An area of sufficient size for the temporary storage of a
vehicle with access to a street, and may serve as a location for recharging
all-electric vehicles (EVs).
[Amended 8-27-2014 by L.L. No. 7-2014]
PERFORMANCE STANDARD
A criterion for measurement of noise, odor, smoke, toxic
or noxious matter, vibration, fire or explosive hazards, glare or
heat generated by or inherent in the use of land or buildings.
PUBLIC UTILITY STRUCTURE
A building or structure used in connection with the transmission,
distribution or regulation of water, gas, electric, telephone, television
or other public utility service by a business subject to regulation
by a municipal, state or federal regulatory agency.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanings, dead
animals, offal matter and commercial or industrial wastes.
RUBBISH
[Added 6-4-1997 by L.L. No. 2-1997]
(1)
All waste substances not intended for use in
a manufacturing or reconditioning process carried out on the premises,
including, but not limited to, any of the following:
(b)
Combustible refuse, including, but not limited
to, paper, cartons, boxes, barrels, wood, excelsior, tree branches,
yard trimmings, wood furniture and bedding.
(c)
Noncombustible refuse, including, but not limited
to, metals, tin cans, metal furniture, discarded or partially or wholly
dismantled used motor vehicles, glass, crockery and other mineral
wastes.
(d)
Solid and semisolid wastes resulting from industrial
processes and manufacturing operations.
(2)
The term "rubbish" does not include any unprocessed
earth, stone or minerals.
SCHOOL, PRIVATE
A school owned or operated by an entity or organization other
than a school district as defined in the New York Education Law.
[Added 11-18-2008 by L.L. No. 6-2008]
SCHOOL, PUBLIC
A school owned and operated by a school district as defined
in the New York Education Law.
[Added 11-18-2008 by L.L. No. 6-2008]
SIGN
Any structure or device which displays to public view any
numerals, letters, or other representations as an announcement, designation,
direction, or advertisement.
(1)
Signs shall be classified as to their physical
characteristics and means of support, as follows:
|
GROUND SIGNAny sign having its own independent means of support from the ground up
|
|
PROJECTING SIGNA sign attached to a wall and extending more than 12 inches from the surface of such wall
|
|
ROOF SIGNA sign attached to the roof of a building
|
|
WALL SIGNA sign attached to the wall of a building or other structure and extending not more than 12 inches from the surface of such wall
|
(2)
For classifying signs as to content of message
displayed, the following terms will apply:
|
ADVERTISING SIGNA sign directing attention to products or services offered elsewhere than on the premises where the sign is located
|
|
BUSINESS SIGNA sign directing attention to products or services offered upon the same premises where the sign is located
|
|
DIRECTIONAL SIGNA sign indicating the name and location of any business, school, hospital, church or other public place; also a sign indicating the name and meeting place of a service club or civic organization
|
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it. A basement or cellar is not a "story."
STREET
A public road or highway maintained by state or municipal
authority; the word "street" includes the total area within its right-of-way
boundaries.
STREET BOUNDARY
The common property line between a public road or highway
and the nonhighway property abutting it.
SWIMMING POOL
Any artificial body of water provided with a water impervious
lining having a depth at any point greater than two feet, used or
intended to be used for swimming or bathing and permanently constructed
or installed out-of-doors, in or above the ground, of materials other
than earth.
USE, ACCESSORY
A use of land, including improvements necessary thereto,
customarily incidental and subordinate to a principal use and located
on the same lot with such principal use.
VACANT LOT
A parcel of land having no permanent improvements.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of this chapter.
[Added 6-4-1997 by L.L. No. 2-1997]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by this chapter.
[Added 6-4-1997 by L.L. No. 2-1997]
WASTE MATERIALS
Includes:
[Added 6-4-1997 by L.L. No. 2-1997]
(1)
Rubbish, trash and garden refuse of all kinds.
(3)
Glass, metal, wood and synthetic materials,
excepting, however, materials otherwise defined herein as "garbage."
YARD
An open space, on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
YARD, FRONT
The area extending across the full width of a lot and lying
between the front lot line of the lot and the front building line.
YARD, REAR
A yard extending across the full width of a lot and lying
between the rear lot line of the lot and the rear building line of
the principal building.
YARD, SIDE
The area between a side lot line and the nearest building
line, extending from the front yard to the rear yard.