As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY APARTMENT
A dwelling unit occupying the lesser of 1,000 square feet
or 30% of the floor space of an owner-occupied structure containing
a principal use that is single-family residential or nonresidential,
or a dwelling unit no larger than 1,000 square feet located in an
accessory structure on an owner-occupied property.
ACCESSORY FACILITY
A structure greater than 500 square feet, or an improved
area involving more than 5000 square feet of impervious surface, that
is subordinate to a principal use on the same lot or assemblage of
lots and used for a purpose or purposes customarily incidental to
those of the principal building or use. Multiple accessory facilities
of the same kind which are grouped to comprise a contiguous area of
impervious surface shall be considered one accessory facility (e.g.,
multiple basketball courts or a grouping of activity pavilions).
[Added 11-23-2009 by L.L. No. 2-2009]
ACCESSORY STRUCTURE
A structure detached from and subordinate to a principal
building on the same lot and used for purposes customarily incidental
to those of the principal building or use, including accessory apartments.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ACCESS STRIP
A strip of land abutting a public or private road, providing access to a rear lot (see §
145-22).
ADULT ENTERTAINMENT BUSINESS
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult entertainment
business.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
AGRICULTURE
The commercial utilization of land, water, and structures
for the raising, production, preservation, processing, storage, and
sale of agricultural commodities such as crops, plants, flowers, vines,
trees, sod, shrubs, livestock, poultry, fish, shellfish, honey, Christmas
trees, or dairy products, not including light industry or use of land
primarily for the disposal of offal or garbage. A produce sales facility
not exceeding 600 square feet in footprint area and a boarding stable
operated in conjunction with a farm operation (as defined herein)
shall be deemed to be agricultural accessory uses. Agricultural activities
on residential parcels of less than 10 acres shall be deemed to be
a residential accessory use.
ALTERATION
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
APPLICANT
Any person, corporation, or other entity applying for a building
permit, certificate of occupancy, special permit, site plan or subdivision
approval, variance, or zoning amendment.
AUTOMOBILE SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning, servicing, or repairing such
motor vehicles.
BED-AND-BREAKFAST
A dwelling in which overnight accommodations not exceeding
four bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
BUILDABLE LAND
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, i.e., all land excluding
wetlands and watercourses, slopes exceeding 15%, and flood hazard
areas as mapped on the Federal Emergency Management Agency's Flood
Insurance Rate Map.
BUILDING
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. When a lot fronts on two or more streets
of different levels, the lower street level shall be taken as the
base for measuring the height of the building.
BUILDING, PRINCIPAL
A building or structure in which is conducted the main or
principal use of the lot on which it is located.
CAMP, TYPE 1
Any area of land or water on which are located two or more cabins, tents, group lodgings, recreational travel vehicles, shelters, houseboats, or accommodations designed for seasonal or other temporary living purposes, regardless of whether or not such structures or accommodations are occupied seasonally. Accessory facilities traditionally associated with an overnight camping facility, such as management office, first aid station, swimming pools, tennis or other sport courts, laundry facilities, picnic pavilions, sports fields, and playground areas, are also permitted. All camp, Type 1 uses are subject to the provisions of §
145-45.
[Amended 11-23-2009 by L.L. No. 2-2009]
CAMP, TYPE 2
Any land or building used for what are commonly known as
"day camp" purposes, where no regular overnight accommodations are
provided, occupied by adults, children, or any combination of individuals,
families, or groups.
CEMETERY
Land used or intended to be used for the burial of dead human
beings and dedicated for such purpose, including columbariums, mausoleums,
and mortuaries when operated as part of a cemetery and within its
boundaries, but excluding crematoria.
CHANGE OF USE
The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use. See §
145-10F.
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
CLEAR-CUTTING
Any cutting of all or substantially all trees over six inches
in diameter at breast height.
CLUB, MEMBERSHIP
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
CODE ENFORCEMENT OFFICER
The town official charged with the administration and enforcement of this chapter and/or Chapter
47 of the Dover Town Code, also referred to as the "Zoning Administrator" or "Building Inspector."
COMMON DRIVEWAY
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
COMMUNICATION TOWER
A structure used primarily for transmitting and/or receiving
radio, television, microwave, cellular telephone, or similar electromagnetic
signals. Any communication tower exceeding 35 feet in height above
average grade level shall be deemed to be a principal use, not an
accessory use. The following shall not be considered to be communication
towers:
A.
Receive-only antennas and satellite dishes designed
for residential use.
B.
Any other antenna less than 15 feet in height,
no part of which exceeds five feet in width or 10 feet in diameter,
when mounted on buildings, telephone poles, or other preexisting structures
as an accessory structure or use.
COMPLETE APPLICATION
An application for a special permit, site plan or subdivision
approval, zoning amendment, or variance found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act, for which either
a negative declaration has been issued or a draft environmental impact
statement has been accepted as satisfactory pursuant to 6 NYCRR 617.8(b)(1).
CONFORMITY/CONFORMING
Complying with the use, density, dimensional, and other standards
of this chapter, or permitted to deviate therefrom by special permit,
site plan approval, or variance.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3 of the Environmental Conservation
Law or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land, and natural, cultural,
historic, and scenic resources.
CONSTRUCTION TRAILER
A mobile home unit used for nonresidential purposes associated
with on-site construction.
COUNTRY INN/CONFERENCE CENTER
A facility providing commercial hospitality lodgings in an
open space setting that are principally intended for vacationing,
group retreats, and conferences, and that includes meeting and/or
conference rooms, a banquet or on-site catering facility, and amusement
and sports facilities for the use of the country inn/conference center
guests.
[Added 11-23-2009 by L.L. No. 2-2009]
CRAFT WORKSHOP
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys, and weaving.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, dredging, filling, paving,
excavations, or drilling operations.
DRIVEWAY
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
DWELLING
A building designed or used exclusively as living quarters
for one or more families.
DWELLING, SINGLE-FAMILY
A detached building designed for the use of one household,
including one or more persons living as a family, and wherein not
more than three boarders are sheltered and/or fed for compensation.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
FAMILY
One person, or a group of two or more persons living and
cooking together in the same dwelling unit as a single housekeeping
entity.
FARM OPERATION
Land used in agricultural production, farm buildings, equipment,
and farm residential buildings.
FENCE
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous properties.
FLOODPLAIN/ONE-HUNDRED-YEAR FLOODPLAIN
Land subject to a one-percent or greater chance of flooding
in any given year; same as the "area of special flood hazard" defined
in Local Law Number 2 of 1987.
FLOOR SPACE
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
and hallways that are part of a dwelling unit or inside a commercial
building, excluding cellars or unfinished basements.
FOOTPRINT
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. In the case of party-wall buildings, each unit
shall be considered a separate structure for purposes of measuring
footprint area.
FORESTRY
Use or management, including commercial logging, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
FRONT
The side of a building or structure parallel to and closest
to a road or street. On a corner lot, both sides of a building facing
the street shall be considered the front.
GAZEBO
An unenclosed structure not exceeding 12 feet in height without
solid walls, screens, electricity, or plumbing.
GLARE
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
GRADING
Any excavation, alteration of land contours, grubbing, filling,
or stockpiling of earth materials.
GROUP LODGING
Any cabins, dormitories, lodges, or similar structures providing
overnight sleeping accommodations for membership clubs, youth groups,
religious groups, or private functions, and that are accessory to
a camp, Type 1 or recreational business. Group lodging shall not include
sleeping accommodations for compensation for individual transient
guests.
[Added 11-23-2009 by L.L. No. 2-2009]
HAZARDOUS SUBSTANCE/MATERIAL
Includes any of the following:
B.
Any substance or combination of substances designated
as a hazardous substance under Section 311 of the Federal Water Pollution
Control Act (33 U.S.C. § 1321).
C.
Any substance listed by the New York State Department
of Environmental Conservation which, because of its quantity, concentration,
or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or pose
a substantial present or potential hazard to human health or the environment
when improperly stored or otherwise managed.
HAZARDOUS WASTE
All materials or chemicals listed as hazardous wastes pursuant
to Article 27 of the Environmental Conservation Law and all toxic
pollutants as defined in Subdivision 19 of § 17-0105 of
the Environmental Conservation Law.
HEALTH CARE FACILITY
A hospital, nursing home, medical clinic, or office building
for doctors and other medical personnel.
HEAVY INDUSTRY
Manufacture, assembly, treatment, processing, or packaging
of products in a manner that emits or is likely to emit objectionable
levels of smoke, noise, dust, odor, glare, water pollution, or vibration
beyond the property boundaries.
HOME OCCUPATION
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, conducted wholly
or partly in a dwelling unit or accessory structure.
HOTEL/MOTEL
Any hotel, motel, or other establishment providing sleeping
accommodations for transient guests, with or without a dining room
or restaurant, excluding bed-and-breakfast establishments, and sleeping
and overnight accommodations associated with a recreational business,
camp, Type 1, or country inn/conference center.
[Amended 11-23-2009 by L.L. No. 2-2009]
IMPERMEABLE/IMPERVIOUS SURFACE
Any material covering the ground through which water does
not readily penetrate, including but not limited to roofed structures,
compacted soil, and pavement consisting of concrete, oil and stone,
tar, or asphalt.
IMPERMEABLE/IMPERVIOUS SURFACE COVERAGE
The ratio between impermeable surface and total land area
of a lot (excluding wetlands, watercourses, and floodplains) expressed
as the percentage of land covered by impermeable surfaces.
INTERIOR ROAD
A road constructed off of an existing public street that
provides access to the interior of a parcel.
JUNK
Any worn-out, castoff, discarded, or neglected article or
material which is ready for destruction or has been collected or stored
for salvage, sale, or conversion to another use. "Junk" does not include
any article or material which unaltered or unchanged and without further
reconditioning can be used for its original purposes as readily as
when new, or any article stored for restoration or display as part
of a bona fide hobby (such as antique automobiles, antique farm machinery,
antique engines, special interest automobiles, etc.).
JUNK CAR
Any vehicle not operable on the public highway system, unless
such vehicle is an antique or special interest automobile stored for
restoration and/or display as part of a bona fide hobby.
JUNKYARD
The use of 400 square feet or more of area on any lot outside
a fully enclosed structure for the storage or collection of junk or
junk cars.
KENNEL
Any establishment including cages, dog runs, and structures
wherein more than three dogs which are over six months old are kept
for sale, boarding, care, or breeding, for which a fee is charged.
LIGHT INDUSTRY
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries.
LODGING FACILITY
Any hotel, motel, inn, or other establishment providing sleeping
accommodations for transient guests, with or without a dining room
or restaurant, excluding bed-and-breakfast establishments.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
roads.
LOT LINES
The property lines that bound a lot as defined herein.
LOT OF RECORD
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the office of the County Clerk.
LOT/PARCEL
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed prior to the adoption of Subdivision
Regulations of the Town of Dover on June 17, 1968.
LOT, REAR
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the land use district.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
MAJOR PROJECT
A proposed use that requires a special permit or site plan
approval and that exceeds any of the thresholds for a minor project.
MASTER PLAN
The Master Plan adopted by the Town Board for the future
preservation and development of the Town of Dover pursuant to § 272-a
of the Town Law, including any part of such plan separately adopted
and any amendment to such plan.
MINOR PROJECT
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special permit and
that, over a three-year period, falls within the following thresholds:
A.
Construction of four multifamily dwelling units
or a lodging facility with six bedrooms.
B.
Construction of facilities or structures for
a nonresidential use covering 3,000 square feet of building footprint.
C.
Alteration of existing structures or expansion
of such structures by 1,000 square feet.
D.
Conversion of existing structures totaling 5,000
square feet to another use.
E.
Alteration and active use of 10,000 square feet
of land, with or without structures (excluding soil mining).
F.
Soil mining that does not require a Department
of Environmental Conservation permit.
G.
Construction of a structure that is 80 feet
or higher above average grade level.
MIXED USE
Any combination of residential, commercial, or industrial
uses on the same lot or in the same building.
MOBILE HOME
A transportable living unit used or designed to be used year
round as a permanent residence and containing the same types of water
supply, waste disposal, and electrical systems as immobile housing.
Recreational vehicles designed to be driven or towed by an automobile
or pickup truck, units designed for use principally as a temporary
residence, or prefabricated, modular, or sectionalized houses transported
to and completed on a site are not considered to be mobile homes.
MOBILE HOME COURT
Any court, part, place, lot, or parcel under single ownership
which is improved for the placement of two or more mobile homes to
be used as permanent residences.
NONCONFORMING LOT
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
NONCONFORMING STRUCTURE
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located but which
was not in violation of applicable requirements when constructed.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted by or does not conform to the permitted use provisions of this chapter for the district in which it is located. A preexisting lawful use which is allowed only by special permit under this chapter shall be considered a conforming use. See §
145-27.
OFFICE
A business, professional, or nonprofit workplace in which
most activities are conducted by employees seated at desks or tables,
excluding health care facilities.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the town for the
publication of official notices of meetings and public hearings.
OPEN SPACE
An area of land not developed with structures. (Permanent open space is defined and discussed in §
145-20.)
OUTDOOR STORAGE AREA
Land used for the keeping of goods, wares, equipment, or
supplies outside of a structure.
PETROLEUM
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil
mixed with other wastes and crude oils, gasoline and kerosene.
PLAT
A map or plan submitted to the Planning Board as part of
an application for subdivision approval (see Subdivision Law).
PLOT PLAN
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions, and submitted with an application for a minor
project special permit or a variance.
PREMISES
A lot, together with all the structures and uses thereon.
PRIVATE ROAD
A privately owned road held in common ownership or easement
by a homeowners' association.
PUBLIC UTILITY FACILITY
An installation used by a public agency or franchised public
utility to supply or transmit electric, gas, water, cable television,
telephone, or other utility service, excluding electric power plants
and gas wells. Included are such facilities as electric substations,
high-voltage transmission lines, pump stations, water supply wells,
water towers, communication towers, and telephone substations. Utility
distribution facilities serving customers directly are considered
customary accessory uses, not public utility facilities.
RADIATION
Ionizing radiation; that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials whose receipt, possession, use and transfer are exempt from
licensing and regulatory control pursuant to regulations of the New
York State Department of Labor or United States Nuclear Regulatory
Commission.
RECREATIONAL BUSINESS
A business which, for compensation, offers recreational services, including but not limited to stables, golf courses and driving ranges, miniature golf, tennis courts, fitness facilities, locker rooms, swimming pools, spas, clubhouses, event pavilions, trails, go-cart tracks, amphitheaters, hunting clubs, movie theaters, and other places of public or private entertainment, subject to the provisions of §
145-52.1.
[Amended 11-23-2009 by L.L. No. 2-2009]
RELIGIOUS INSTITUTION
A church, synagogue, or other place of religious worship,
as well as a monastery or other place of religious retreat.
RESIDENTIAL CARE FACILITY
Any building used as a group residence or extended care facility
for the care of persons, where compensation and/or reimbursement of
costs is paid to an operator, pursuant to state or federal standards,
licensing requirements, or programs funding residential care services.
RESIDENTIAL DISTRICTS
The Suburban Residential, Hamlet Residential, Rural, and
Resource Conservation Districts.
RESIDENTIAL USE
A use of land and structures in which people live and sleep
overnight on a regular basis.
RETAIL BUSINESS
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, bakery, delicatessen, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
REVIEWING BOARD OR OFFICIAL
The board that grants a special permit, site plan, variance,
subdivision approval, or zoning amendment, or the Code Enforcement
Officer reviewing a building permit or zoning permit application.
RIDING ACADEMY
Any establishment where more than four horses are kept for
riding, driving, horseback riding lessons, or stabling for compensation,
or incidental to the operation of any club, association, resort, riding
school, ranch, or similar establishment. A riding academy operated
in conjunction with a farm operation shall be deemed to be an agricultural
accessory use.
ROAD FRONTAGE
The distance along a street line measured at the front of
a lot.
ROAD/STREET
A public or private way for pedestrian and vehicular traffic,
including avenue, lane, highway, or other way, excluding a driveway
or common driveway.
SCREEN/SCREENING
The location of structures in such a manner that they are
not visible (as defined herein) from a public road or any other public
place during the summer months and no more than partially visible
in winter. Objects or structures may be screened by topography, vegetation,
or other structures not required to be screened.
SERVICE BUSINESS
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building, electrical, plumbing, and landscape contracting, arts
instruction or studio, automobile service station, business and educational
services, catering, health club, house cleaning services, locksmith,
photocopying, repair and restoration services, tailoring, typing,
and word processing. "Service business" does not include retail business,
restaurants, warehouses, or other uses separately listed in the Use
Table. A convenience store that sells gasoline and auto supplies but
does not repair or service vehicles shall be considered a retail business.
SERVICE ROAD
A local road running generally parallel to a through road,
providing vehicular access points for individual lots, constructed
to reduce the number of access points on the through road.
SETBACK
The distance in feet between a structure and a property line,
the center line of a road, or an identified natural feature such as
a watercourse.
SIGN
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window) and used as an advertisement,
announcement, or direction.
SIGN AREA
The total area on each side of a sign within which all written
and graphic material is contained.
SIGN, COMMERCIAL
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain.
SIGN, FREESTANDING
A sign and sign support structure not attached to or part
of a building.
SIGN, ILLUMINATED
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
SIGN, INTERIOR
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
SIGN, PROJECTING
Any sign which extends from the exterior of any building
more than nine inches.
SOIL MINING
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which a zoning
permit has been issued.
SOLID WASTE
All putrescent and nonputrescent materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludge from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal but not including sewage and
other highly diluted water-carried materials or substances and those
in gaseous form, and being those wastes defined as solid waste in
6 NYCRR 360-1.2. Any solid waste which receives a beneficial use determination
(BUD) from the New York State Department of Environmental Conservation
is still considered a solid waste for the purposes of these regulations.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed to manage solid waste beyond the initial
waste collection process, including but not limited to transfer stations,
bailing facilities, rail haul or barge haul facilities, processing
systems, including resource recovery facilities or other facilities
for reducing solid waste volume, sanitary landfills, facilities for
the disposal of construction and demolition debris, plants and facilities
for compacting, composting or pyrolysis of solid wastes, incinerators
and other solid waste disposal, reduction or conversion facilities,
as defined in 6 NYCRR 360-1.2.
STRIP COMMERCIAL DEVELOPMENT
The layout of a commercial use or uses in separated structures
more than 50 feet apart along a highway, with parking, gasoline pumps,
or other drive-up facilities located between the highway and the commercial
building(s), where such parking or drive-up facilities are visible
from the road.
STRUCTURE
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, or wall.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
USE
The purpose for which any premises may be arranged, designed,
intended, maintained, or occupied, or any occupation, activity, or
operation conducted or intended to be conducted on a premises.
USE, ACCESSORY
A use which is customarily incidental to and subordinate
to the principal use of a lot or structure, located on the same lot
as the principal use or structure.
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
physical requirements of the applicable zoning regulations.
VARIANCE, USE
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. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
VISIBLE/VISIBILITY
Able to be seen by a person of average height and with normal
vision on a clear day.
WAREHOUSE
A structure or structures in which materials, goods, or equipment
is stored.
WATERCOURSE
Any stream, pond, lake, drainage channel, or other area of
land that is normally or seasonally filled with water.
WETLAND
An area of land that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the United States Army Corps of Engineers. See §
145-35.
YARD
An open space on the same lot with a structure.
YARD, FRONT
An open space extending across the full width of the lot
between the front of the principal building and the street line.
YARD, REAR
An open space extending across the full width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
YARD, REQUIRED/SETBACK AREA
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
YARD, SIDE
An open space between a principal building and the side line
of the lot and extending from the front yard to the rear yard.
ZONING LAW/THIS CHAPTER
The officially adopted Zoning Law of the Town of Dover, together
with any and all amendments thereto, in accordance with Article 16
of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law.