Pursuant to the authority conferred by Article
7, § 7-700 et seq., of the Village Law of the State of New
York, the Village Board of the Village of Pulaski hereby adopts and
enacts as follows.
This chapter shall be known as the "Zoning Ordinance
of the Village of Pulaski, New York."
A.
The purposes of this chapter, the zoning regulations, and the zoning districts as outlined on the Zoning Map and as described in Article VI, infra,[1] are to provide for the orderly growth in accordance with
a Comprehensive Plan, to lessen congestion in the streets, to secure
safety from fire, flood and other dangers, to provide adequate light
and air, to prevent overcrowding of land, to avoid undue concentration
of population, to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements, to
consider the effects on the environment, to consider the historical
significance of various areas of the Village of Pulaski, to protect
and enhance Pulaski's attractiveness to visitors and residents and
the support and stimulus to the economy thereby provided, and to promote
the health, safety, and general welfare of the public.
[1]
Editor's Note: Original Article VI of this ordinance, which contained narrative boundary descriptions for the Village zoning districts, was removed from the ordinance. Said boundary descriptions are on file in the Village Clerk-Treasurer's office and available for review during regular office hours. The Zoning Map is included as an attachment to this chapter.
B.
This chapter, the zoning regulations and the zoning districts have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, for projected change for future growth due to expansion of various industries, including that brought about as a result of additional tourism in conjunction with assistance in creating a state harbor near the Village, and due to expansion of the "fishing industry," for consistency with state, local, and federal regulations, programs, and policies, to include assistance in advising applicants of other regulations by, for example, providing for the retention of additional maps and overlays for easy identification of areas of the Village covered by other state and local regulations, and with a view to conserving the value of building and encouraging the most appropriate use of land based upon various factors as set forth in Subsection A of this section.
Except as hereinafter provided, no building
or structure may be erected, moved, or the use altered, and no land,
building or structure or part thereof shall be occupied or used, unless
in conformity with the regulations specified for the district in which
it is located.
[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
As used in this chapter, the following terms
shall have the meanings indicated:
A private roadway traversing over a lot of record which contains
two or more differently zoned areas. Upon approval by the Planning
Board, it shall be lawful for the owner to maintain an access road
over the more strictly zoned portion of said lot of record solely
to allow access by the general public for a permitted or specially
permitted uses lawfully maintained in the less strictly zone areas.
A physical modification of an existing parcel of property,
either by the increase of land by natural accretion or, when used
in reference to buildings, an addition to the parcel requiring construction
of a new, separate, complete and detached building.
A prefabricated or erect building, including tree houses, of a size no greater than 10 feet by 12 feet which may or may not be used for the storage of tools, materials, including lawn mowers, snow plows, and other equipment used in the general upkeep in the home and property and not intended to be used in a business or commercial manner. (See § 160-89)
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use of building.
A structural change to an existing use or building which
is physically jointed to, and made a part of, the preexisting use
or building, including but not limited to an attached garage and decks.
ADULT BOOKSTOREAn establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by persons therein.
ADULT MOTION-PICTURE THEATERAn enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by person therein.
EXOTIC CABARETSAn establishment which caters to the general public which, as a form of entertainment, provides semiclad dancers of either gender which expose the specified anatomical areas as set forth above. Exotic cabarets include the type of establishment which may require obtaining a liquor license in the State of New York, i.e., "topless bars." However, the fact that a license may not be required from the State of New York Liquor Authority (for example, when alcoholic beverages are not sold on said premises) does not disqualify an establishment from being an exotic cabaret.
The raising of fruits, vegetables and the like, and structures
incidental thereto, including the raising or keeping of domestic farm
animals, excluding kennels and veterinary clinics. (Does not include
growing of fruit or gardens for personal on-site consumption.)
The land and on-farm buildings, equipment, manure processing
production and handling facilities and processing and handling facilities
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including
a commercial horse-boarding operation, a timber operation, compost,
mulch or other biomass crops, and commercial equine operation.
An example of a company, an online community marketplace
and hospitality service, that operates as an online marketing and
hospitality service which is accessible on websites or subscription
apps. The service connects people looking to rent living space in
their homes or property with people who are looking for accommodations
on a temporary basis. This definition excludes a bed-and-breakfast,
boarding or tourist home.
A public thoroughfare having a right-of-way width of 20 feet
or less, regardless of how named.
Any change in supporting members of a building except such
changes as may be required for its safety, any addition to a building,
any change in use from one district classification to another. To
change or rearrange the exterior architectural features, or the facilities,
or the moving of a building from one location to another.
An individual appointed by the Board of Trustees to serve
on the Village Planning Board and Zoning Board of Appeals when a regular
member is unable to participate on an application or matter before
the respective Board, as provided herein.
Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage, or recreation of the public any coin-
or token-controlled amusement device of any description, excluding
jukeboxes.
A coin- or token-operated device primarily for the entertainment
of the customer, the use of which results in an electronic or mechanical
display and/or operation, and particularly but not by way of limitation
the type commonly known as "baseball, football and pinball amusement
games," "video games" and "coin-operated bowling machines," but excluding
jukeboxes.
A building or portion thereof arranged, intended or designed
for or containing both dwelling units and individual guest rooms or
suites of rooms, not primarily for transients.
Housing for elderly or disabled people that provides nursing
care, housekeeping and prepared meals as needed.
An area, whether open or enclosed, other than a street or
public placed used for the display, barter, purchase, sale or rental
of new or used motor vehicles, trailers, travel trailers or watercraft,
and where no repair work is done, except for minor incidental repair
of the vehicles to be displayed, sold or rented on the premises.
An area, whether open or enclosed, other than a street or
public place used for the display, barter, purchase, sale or rental
of new or used motor vehicles, trailers, or watercraft, where repair
work is done.
That habitable space of a building that is partly below grade
and which is more than 1/2 its height on average, measured from floor
to ceiling, above the finished grade of the ground around the building.
A basement shall be counted as 1/2 story in determining building height.
A dwelling occupied by one family with three to eight boarders
or roomers in the same household and who are lodged with or without
meals and in which services provided are incidental to its use as
a temporary residence for part of the occupants. A rooming house and
bed-and-breakfast shall be deemed a boardinghouse as are fraternities,
and sororities when the owner resides in said dwelling.
The length of a street between two street intersections.
A public or private facility used by individuals for launching
and temporary mooring for watercraft.
An area bordering the zoning district boundary between two
differently designated districts and/or designated by the Planning
Board as a buffer area. Such area shall be reserved for plantings,
fencing or other similar screening devices which are dense enough
and high enough to be a visual buffer between properties and designed
to be for the purpose of creating a transition area wherein adjoining
uses and do not detract from each other. When the buffer area exists
between residential and nonresidential districts, such a buffer area
shall be located within the required side or rear yards of the adjoining
nonresidential district. Where this is impracticable, a portion of
the adjoining residential district may be so designated, but only
with the concurrence of the property owner of said residential portion.
Responsibility of the maintenance of buffer areas will be stated in
the site plan.
Any structure having a roof supported by columns, or by walls,
and intended for shelter, housing, protection or enclosure of persons,
animals or property.
Total of areas taken on a horizontal plain at the main finished
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
The line parallel to the front lot line which transects that
point in the building face which is closest to the front lot line.
This building face includes porches but does not include steps.
The vertical distance measured from the average ground level
at that sides of the building to the extreme high point of the building,
exclusive of chimneys and similar features.
For the purpose of this chapter, the terms "Building Inspector,"
"Enforcement Officer," And "Zoning Enforcement Officer" shall be considered
as synonymous.
The use of a building or facility to conduct a business primarily
of a service character which is administrative, clerical, and/or necessary
for the transaction of commerce, to include but not limited to real
estate appraisal, brokerage and sales, insurance brokerage and sales,
financial planning, investigation, newspaper or magazine office and/or
the administrative/clerical function of any other commercial activity
which is conducted at a separate location, but excluding retail sales
and service, retail store, manufacturing or repairing, and which conforms
to the additional conditions.
Land upon which a cabin, shelter, or other accommodations
for seasonal or temporary living purposes are located, excluding mobile
homes, travel trailers and motor homes but including tents.
Land upon which two or more cabins, shelters, houseboats
or other accommodations for seasonal or temporary living purposes
are located, excluding mobile homes, travel trailers or motor homes
but including tents.
Land upon which two or more travel trailers, motor homes,
tents or campers are located for temporary short-term residence only
and not for more than six months in any one calendar year.
Land upon which one travel trailer, motor home, tent or camper
is located for temporary short-term residence only and not for more
than six months in any calendar year.
A building containing equipment for washing cars or other
vehicles automatically.
A portable enclosed receptacle designed and used for the
storage and/or shipment of goods, merchandise, material and/or equipment.
For the purposes of this chapter, the trailer portion of a tractor
trailer shall be considered a cargo shipping container when expressly
used for the purpose of on-site storage. (A pod or similar commercial
container, for an immediate use in moving or relocating, is exempt).
A roofed structure, with or without closing walls, with at
least two open sides, used for the storage of one or more automobiles.
Permanent tents are not allowed as a carport.
An uninhabitable space partly underground but having a portion
of its floor-to-ceiling height below the average outside ground level.
A cellar is not counted as a story in determining building height.
A document required pursuant to the New York State Uniform
Fire Prevention and Building Code and prepared by the Village of Pulaski
Building Inspector and also certified by the Zoning Enforcement Officer.
Upon completion of any project which requires a variance or special
permit, the Zoning Enforcement Officer shall inspect the project to
insure that it has been completed in accordance with any and all specifications
and conditions imposed by the issuing board. The certificate of occupancy
shall be issued pursuant to both this chapter and the New York State
Uniform Fire Prevention and Building Code, and a copy of each certificate
of occupancy shall be maintained in the records of the Zoning Enforcement
Officer. (A certificate of zoning compliance shall be issued.)
A permit issued by the Administrator indicating that a lot
or newly completed structure or use complied with all pertinent requirements
of the Village Code and therefore may be occupied or used.
Every vessel, including a drift boat, that is propelled in
whole or in part by mechanical or nonmechanical power and is operated
for commercial purposes on navigable water by bringing passengers
for travel, recreation or vacation purposes for which compensation
is received. Operation of any vessel for a period of 10 days with
an average of three or more passengers shall constitute prima facie
evidence that compensation has been received.
Any organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, activities as required
for membership and purposes of such organization. Includes YMCA, YWCA,
fraternity, sorority, lodge, religious and similar clubs which may
have dormitory accommodation.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A building used in conjunction with a recreational, athletic
or commercial operation and intended to be used primarily by patrons
of said athletic, recreational or commercial establishment, for example,
a clubhouse operated in conjunction with a golf course. It shall not
be necessary that the clubhouse be actually operated and owned by
the owners of the athletic, recreational or commercial establishment.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe, or other public place.
Any installation which provides any accommodations or facilities
for watercraft, including mooring, docking, storing, leasing, sale
or servicing of watercraft and which may include eating, sleeping
and service facilities and off-season storage located adjacent to
the waters of this state and for which remuneration is received. The
presence of four or more watercraft on a continuous basis for a period
of 10 days shall constitute prima facie evidence that said accommodations
are being provided for remuneration.
A public meeting hall, place of assembly, museum, art gallery,
library, sports complex, or other similar operation, not operated
primarily for profit and open to the general public.
An apartment house or houses, the apartments or dwelling
units of which are individually owned, with each owner receiving a
deed enabling him to sell, mortgage or exchange his apartment independent
of the owners of the other apartments in the building or buildings.
Buildings or land for the specific purposed of conducting a
commercial construction business including all accessory uses or business
offices associated therewith. Associated enclosed warehouse and/or
enclosed service and repair area shall be allowed. Associated professional
office space is also included.
Associated open storage yards shall be allowed provided an eight-foot
fence or other acceptable barrier is maintained at said yards where
public visibility is accessible.
Associated storage of fuel, oil, gasoline, and lubricants for
use of the business occupants in maintaining and servicing equipment,
with said storage being no more than 10,000 gallons, the stored items
not being sold, wholesale and resale use and the storage complying
with all applicable local, state and federal laws.
The changing of use or occupancy of a dwelling by alteration
or by other reorganization so as to change the number of family or
dwelling units in a structure.
That percentage of lot area covered by building area.
The actual or potential social, economic and environmental
consequences of a series of independent or interdependent actions
or events which, when considered cumulatively, produce a greater effect
than any action or event taken by itself.
A facility permitted by the New York State Office of Children
and Family Services for the care of seven or more children for less
than 24 hours a day.
A structure in a lot of record and meeting state requirements
used for securing or harboring of watercraft.
An animal of a species of vertebrates that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival.
An establishment of the type commonly referred to as "fast-food
restaurants," primarily catering to the motoring public, whether or
not serving pedestrians as well, regardless of whether patrons have
the option of eating inside the building or in their cars in the parking
lot. Drive-in/drive-up establishments are normally characterized by
drive-through windows.
A lot or part thereof used primarily for disposal by abandonment,
dumping, burial, burning, or any other means, and for whatever purpose,
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material of any kind, excluding
toxic waste.
A large trash receptacle designed to be hoisted and emptied
into a truck. A roll-off debris container is not considered a dumpster
because it has an open top, commonly used on a temporary basis and
are transported by a flatbed truck.
A house divided into two apartments with each having a separate
entrance.
A building or portion of building designed or used exclusively
as living quarters of one or more families; the term shall not be
deemed to include automobile court, motel, boardinghouse or rooming
house, mobile home, trailer, tourist home or tent.
Dwellings, whether single or multifamily, that are on a parcel
of land that was lawfully created through compliance with any land
use laws and regulations in effect at the time of creation.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family (including any
domestic servant employed on the premises), and having no enclosed
place (other than a vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse, convalescent home, dormitory, fraternity, sorority,
hotel, inn, lodging or rooming house, nursing home or other similar
house or other similar structure shall not be deemed to constitute
a dwelling unit.
A one- or two-unit dwelling specifically designed and constructed
to use earth as a barrier and temperature moderator where the walls
are substantially covered by earth, and the roof may be covered by
earth, and where the grade adjoining at least one exterior wall for
at least 50% of the width of such wall is not above the floor level
of the habitable space.
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 3280, April 1, 1993, 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 m2) 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 (HUD) and complies with the standards established
under the National Manufactured Housing Construction and Safety Act
of 1974, as amended.[1] The term "manufactured home" shall not include any self-propelled
recreational vehicle.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
A building containing one dwelling unit and designed and
used exclusively for occupancy by one family.
A building designed for and occupied exclusively as a home
or residence for two families.
The use of a building to conduct a business primarily of
a service character, to include but not limited to such services as
cleaning, adjusting, replacing of component parts or assemblies, preparing
for application of finish, applying a finish, installing accessories,
repairing and testing for such items as bicycles (pedal-powered),
household appliances, furniture, office machines, computers and electronic
equipment but shall not include auto or motor vehicle body repair,
airplane, boat, farm machinery, trailer, and/or construction machinery
repair, servicing or painting.
An electrical distribution system using alternative energy
sources such as but not limited to solar energy systems and designed
to supply energy needs to designated users.
Any person appointed by the Village Board to represent it
in matters pertinent to this chapter.
One or more persons related by blood marriage, adoption or
custodial arrangement, living and cooking together.
A number of persons living, (including live-in servants)
not exceeding five, together as a single housekeeping unit although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit. A fraternity or sorority house or boardinghouse shall
not be considered a family when reference to occupying a dwelling.
Are domesticated animals and/or livestock raised in an agricultural
setting to produce labor or commodities such as but not limited to
meat, eggs, milk, fur, wool and transportation.
A physical retail marketplace, either temporary or permanent,
intended to sell foods and other items directly by farmers or venders
to consumers.
A structure including walls or screens erected for the purposes
of enclosing land, screening land, dividing land, to direct or prohibit
passage across land, to protect against potential hazard or for decorative
purposes.
The completed surfaces of lawns, walks and roads brought
to grades as shown on the official plans or designs relating thereto.
A commercial or noncommercial operation operated for the purpose of providing the service of cleaning fish for the general public, may or may not be for profit. For the purpose of this chapter, the maintenance for operation of any building or structure in which fish are cleaned for three or more members of the general public for a period of five consecutive days shall be prima facie evidence that the fish cleaning station is being operated for profit. Any fish cleaning station authorized under this chapter shall be required to meet all state, local and federal regulations relative to said operation and to receive permits from the Oswego County Health Department and the Department of Environmental Conservation if necessary prior to commencing operation. Approval of an application for the operation of a fish cleaning station is required under Chapter 60 of the Village of Pulaski Municipal Code and shall be contingent upon the applicant obtaining such approval within a period of time to be designated by the Village Board.
A right-of-way, whether private or commercial, granted by
a public or private landowner to members of the general public for
the purpose of granting ingress to and egress from waterways for the
purpose of fishing.
An occasional or periodic market held in an open area or
structure where groups of individual sellers offer goods for sale
to the public.
A general temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of land or tidal water;
The unusual and rapid accumulation or runoff of surface waters
from any source;
Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces
of normally dry land areas, as when earth is carried by a current
of water and deposited along the path of the current.
A flood inundates a floodplain. Most floods fall into three
major categories: riverine flooding, coastal flooding, and shallow
flooding. Alluvial fan flooding is another type of flooding more common
in the mountainous western states.
A flood having a 0.2% chance of being equaled or exceeded
in any given year.
The flood having a 1% chance of being equaled or exceeded
in any given year. This is the regulatory standard also referred to
as the "100-year flood." The base flood is the national standard used
by the National Flood Insurance Program (NFIP) and all federal agencies
for the purposes of requiring the purchase of flood insurance and
regulating new development. Base flood elevations (BFEs) are typically
shown on Flood Insurance Rate Maps (FIRMs).
Any land area susceptible to being inundated by floodwaters
from any source.
A service provided by a charitable institution or a public
agency, warehousing food supplies for distribution to recipients,
such services being either public in nature or not for profit.
A dwelling maintained exclusively for the members of a fraternity
or sorority enrolled in an academic college, university or other educational
institution.
A dwelling or other structure used and occupied by a professionally
licensed mortician for burial preparation and funeral services.
Household goods and clothing for sale to the general public,
which are displayed in the garage, yard, or porch of a private residence;
a yard, porch, lawn or rummage sale.
A building or place of business where oil, grease, batteries,
tires and automobile accessories are supplied and dispensed directly
to the motor vehicle trade, at retail, and where minor repair services
are rendered, excluding painting or body repairs.
A building, accessory to a dwelling, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
For the purpose of this chapter, a carport, as previously defined
in this chapter, shall be considered a residential garage.
A piece of ground in which fruits, flowers, herbs or vegetables
are grown for personal use.
The retail sale of self-service motor fuel at a facility
which also offers for sale convenience goods such as food, beverages
and sundries, often on a twenty-four-hour-a-day basis.
A building or land used for sale of motor fuel, oil and motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing vehicles, but not including painting or body
repairs.
A building used to grow plants, for wholesale or retail sales,
particularly with large glass windows or plastic sheeting to trap
heat from sunlight even in intemperate seasons or climates.
The sum of the floor areas of the spaces within the building,
including basements, mezzanine and intermediate-floored tiers and
penthouses.
Accessory use of a service character, with no employees, conducted within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use, and which, when it requires a special permit, conforms to the additional conditions set forth in § 160-33 of this chapter.
An office used by a duly licensed professional, with no employees, within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and which, when it requires a special permit, conforms to the additional conditions as set forth in § 160-34 of this chapter.
A building used for diagnosis, treatment or other care of
human aliments or medical conditions, which term includes a sanitarium,
clinic, rest home, nursing home, convalescent home and institution
for the insane.
A building used primarily to provide sleeping accommodations
to the transient public in which six or more rooms are available for
hire and which may provide additional services such as a restaurant,
bar and meeting room.
Any indoor place or enclosure in which is maintained or operated,
for the amusement, patronage or recreation of the public, traditional
sporting or recreational facilities, including but not limited to
bowling, indoor tennis, gymnasium, swimming pool, indoor driving range
or indoor miniature gold course, volleyball court, roller-skating
rink, ice-skating rink or other similar uses, but not including an
indoor shooting range.
Junk shall constitute any of the following matters.
Mobile home. A structure, transportable in one or more sections,
built on a permanent chassis and designed to be used as a dwelling
unit. A mobile home will be considered junk where all of the following
conditions exist for over 30 days:
Motor vehicle. All vehicles propelled or drawn by power other
than muscular power originally intended for legal use on the public
highway; includes, but is not limited to, automobiles, trucks, buses,
motorcycles, motor homes, or camping, boating, and utility trailer.
A vehicle shall be considered junk when it meets any of the following
conditions:
It is not licensed. Although a motor vehicle may be licensed
or registered with the State of New York, if it does not display a
current license plate, this shall be presumptive evidence that such
motor vehicle is not licensed.
It is either abandoned, wrecked, discarded, dismantled, or partly
dismantled.
It is not in any condition for legal use on the public highways.
It has not been used for its intended purpose within the last
six months.
Rubbish, debris, or discarded material; includes, but is not
limited to, ordinary trash, such as barrels, cartons, boxes, crates,
furniture, rugs, clothing, rags, mattresses, blankets, lumber, brick,
stone and other building materials no longer intended or in conditions
for ordinary use.
Any and all tangible personal property no longer intended or
in condition for ordinary and customary use shall be considered junk
if the condition exists for 30 days.
A licensed location for the placement and storage of junk
and junk vehicles.
Land or building used for the harboring or sale of four or
more dogs, cats or other small animals which are over six months old.
Business premises which can be equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Off-street space at least 12 feet wide by 40 feet long used
for the temporary location of one licensed motor vehicle which shall
have access to a street or alley.
A building or buildings used primarily to provide sleeping
accommodations to the transient public at which no more than six rooms
are available for hire.
Land occupied or which may be occupied by a principal building
and its accessory uses, together with such open spaces as are required,
having no less than the minimum area, width and depth required for
a lot in the district in which such land is situated, and having frontage
on a street, or other means of access as may be determined by the
Planning Board to be adequate as a condition of issuance of a building
permit for a building or structure.
Total area within property lines, excluding any part thereof
lying within the boundaries of a street or proposed street.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if tangents to the curve at
points of intersection of side lot lines intersect at an interior
angle of less than 135°.
Mean horizontal distance from street line of the lot to its
opposite rear line as measured at right angles to the building front
line.
That portion of a lot or parcel of land that borders a public
highway. Frontage shall be measured along the common lot line separating
said lot or parcel of land from the public street or road right-of-way.
Any boundary of a lot. Any lot lines which are not a rear
line nor a front line shall be deemed a side line.
Any lot or premises which has been duly defined or recorded
in the Oswego County Clerk's office prior to May 7, 1974. However,
when a lot of records has been divided, partitioned or otherwise altered
after May 7, 1974, said lot shall be a lot of record as of the date
of such division, partition or alteration.
Any area designated in this chapter for the exclusive use
of manufactured and attendant structures.
A designated site within a manufactured home park for the
exclusive use of the occupant of a single manufactured home.
A tract of land used for the placement of two or more manufactured
or mobile homes for nontransient use, and any other buildings or structures
that may be pertinent to its use, and improved in accordance with
the provisions of this chapter. A manufactured or mobile home park
may not be used for recreational vehicles, camps or seasonal dwellings.
The making of articles on a large or small scale using machinery
or by hand labor done in a production facility, the building or complex
that houses necessary equipment for the manufacturing process.
Any installation which provides any accommodations or facilities
for watercraft, including mooring, docking, storing, leasing, sale
or servicing of watercraft and which may include eating, sleeping,
and service facilities and off-season storage located adjacent to
the waters of this state and for which remuneration is received. The
residence of four or more watercraft on a continuous basis for a period
of 10 days shall constitute prima face evidence that said accommodations
are being provided for remuneration.
Any installation which provides any facilities or accommodations
for watercraft belonging to the owner of said premises, or on an occasional
nonremunerative basis for friends or family.
An individual appointed by the Board of Trustees to serve
on the Village Planning Board and Zoning Board of Appeals pursuant
to the provisions of the local law or ordinance which first established
such Planning Board and Zoning Board of Appeals.
A dwelling constructed subsequent to 1973 and built to New
York State Uniform Fire Prevention and Building Code regulations and
designed for one family which has the following distinguishing characteristics:
Manufactured as a moveable or portable dwelling for year-round
occupancy and for installation on a masonry or concrete foundation
or a mobile home stand or piers, with or without a basement or cellar;
Designed to be transported on its own chassis and wheels and
connected to utilities after placement on a stand, foundation or piers;
May contain parts that can be folded, collapsed or telescoped
when being towed and expanded later to provide additional living space;
May be constructed in two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing.
A factory-manufactured dwelling, building or structure that
is a factory-fabricated transportable building unit, designed to be
permanently located or used by itself or to be incorporated with a
similar unit at a building site into a modular structure to be used
as a dwelling, as heretofore defined. For the purpose of this chapter,
a mobile home is not be considered as a modular home.
A building or group of buildings containing individual living
and sleeping accommodations for eight or more persons for hire, primarily
for use of transient automobile travelers. The term "motel" includes
every type of similar establishment designated as an auto court, tourist
court, tourist cabins, motor hotel and motor lodge and similar descriptive
titles.
See "junk" and "junk vehicle."
A lot of record existing on May 7, 1974, the date of the
enactment of this chapter, that does not comply with the minimum frontage
or area requirements for the zoning district in which it is located.
A building, structure or use of land lawfully existing on
May 7, 1974, the date of the enactment of this chapter, which does
not conform to the regulations of the zoning district in which it
is located.
A building, other than a hospital, where persons, except
insane, drug- or alcohol- and/or chemical-dependent patients, are
lodged and furnished with meals and nursing care for hire.
That part of the lot area not used for buildings, parking
or service. Open space may include lawns, trees, shrubbery, garden
areas, footpaths, play areas, pools, watercourses, wooded areas and
paved surfaces used as access drives but not used for vehicular parking
of any kind.
Any lot, parcel or tract of land upon which is operated or
maintained for the amusement, patronage, or recreation of the public,
whether or not for profit, traditional outdoor sporting or recreational
facilities.
A person or person holding title to a lot of record.
A factory manufactured structure used as a temporary or seasonal
dwelling, which does not contain the insignia of approval as issued
by the New York State Fire Prevention and Building Code Council, and/or
the emblem or certification of the United States Department of Housing
and Urban Development (HUD), and does not meet the definition of travel
trailer as set forth by this chapter. For the purposes of this chapter,
a "park model" shall be considered one of the following:
A place for parking of motor vehicles owned by parties unrelated
to the property owner or his agent, with or without compensation.
Also see "fisherman parking."
An area for the temporary storage and parking of motor vehicles,
which is at least 10 feet of width, 20 feet of length and seven feet
of clear height, together with adequate provision for maneuvering
and for passage to or from streets and alleys either direct or over
a private driveway.
An area for the temporary storage and parking of motor vehicles,
boats, travel trailers, mobile homes and other similar vehicles which
has at least 12 feet of width, 25 feet of length and 14 feet of clear
height, together with adequate provisions for maneuvering, and passage
to and from streets or alleys, either directly or over a private driveway.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
The use of a building or facility to conduct the business
of a recognized profession including but not limited to doctor, dentist,
attorney, accountant, architect, engineer, land surveyor and other
New-York-State-registered occupations including but not limited to
beautician, barber, hairdresser, optician, or counselor.
A platform supported on pillars or girders leading out from
the shore to a body of water, used as a landing stage for boats.
A parcel of land as defined in § 1115 of the Public
Health Law of the State of New York, or otherwise more stringently
required by any other section of the chapter, whether such parcel
is held in single ownership or controlled by a partnership, corporation
or cooperative group, which is planned and developed as a unit for
residential buildings, with all the required streets, parking and
loading area, accessory buildings, open space and other site amenities.
A planned development shall involve detailed plan review and approval
and accordance with performance standards and procedures as required
by the issuing board.
The Planning Board of the Village of Pulaski, as established
by the Village Board of Trustees by local law pursuant to provisions
of § 7-718 of the New York Village Law.
A portable, weather-resistant receptacle desired and used
for the storage or shipment of household goods, wares, building materials
and merchandise no greater than 16 feet in length, eight feet in width
or 8 1/2 feet in height.
An area devoted to parking of an automobile, travel trailer,
motor home, boat, and other similar vehicle by the occupants of a
dwelling or dwellings located on the same building lot.
Professional office within a home is the conduct of professional
activity from office space located within a residence. Professional
office when located in the same building as a private residence of
a clergyman, lawyer, architect, accountant, consultant, counselor,
realtor, travel agent or computer professional.
An organization which provides a basic service to the public,
such as water, waste disposal, energy, transportation or telecommunication.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, as an industrial operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building, for which application of a building permit has been
made to the Zoning Enforcement Officer.
A church, temple, mosque, synagogue, parish house, convent,
seminary or retreat house.
One-family dwellings, two-family dwellings, multiple-family
dwellings, home professional offices, a residential garage, residential
storage building or sheds, lawn sheds, and/or home occupation building.
An establishment engaged primarily in the sale of food and
beverage, excluding alcoholic beverages, for on-premises consumption
with patrons seated inside or outside the building. This includes
those establishments whose primary business is of a takeout nature.
An establishment primarily engaged in the sale of food and
beverages, including alcoholic beverages for on-premises consumption,
with patrons seated inside or outside the building. This does not
include those establishments whose primary business is of a takeout
nature.
An ability or activity established to accommodate the day-to-day
and specialized shopping and personal service needs of support population.
Grocery store, supermarket, store for sale of retail goods,
personal service shop and department stores; excluding drive-in restaurants,
freestanding retail stand, new and used car sales and service, trailer
and mobile home sales and service, automobile or trailer sales and
service area, gasoline station, commercial garage, garage repair and
service.
An existing public, federal, state, county, or town right-of-way,
whether paved or not, which is used for the movement of people and
goods and to provide access to adjacent property.
An accessory structure used for the sale of agricultural
products grown and raised on the lot of record, operated by the owner
or his immediate family. (A structure shall to be considered a roadside
stand if goods not grown or raised upon the lot of record are also
available for sale to the general public.)
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging, or board and lodging, whether or not by prearrangement for
a week or more at a time to an owner or operator.
Any apparatus or device, commonly known as an "earth terminal
antenna," "earth station," "satellite communications antenna," "satellite
antenna," "microwave dish antenna" or "dish antenna" and including
as part of such apparatus or device the main reflector, subreflector
feed, amplifier and support structure, which is designed for the purpose
of transmitting and/or receiving microwave, television, radio, satellite
or other electromagnetic energy signals into or from space, but does
not include conventional television, radio and amateur radio antennas.
Parochial, private and public school, college, university
and accessory uses; and shall exclude commercially operated schools
of beauty culture, business, dancing, driving, music and similar establishments.
A facility established and operated to provide for the broader
or more specialized service needs of a larger population base and
drawing market support from the surrounding region in which work is
performed in an expert manner by an individual or team for the benefit
of its customers. The service business includes but is not limited
to commercially operated schools of beauty, culture, business, dancing,
driving, music, accounting, banking, consulting, cleaning, landscaping,
education, insurance, treatment and similar establishments.
The horizontal distance from a particular lot line and the
facade of any existing proposed building or structure nearest said
lot line.
A group of stores, shops and similar establishments occupying
adjoining structures, all of which may be deemed as one building,
if designed as an architectural unit, and if it has adequate space
in the rear for loading and unloading commodities.
Any solar collector panel(s), films(s), shingle(s), or other
solar energy device(s), or solar structural component(s), mounted
on a building or on the ground and including other appurtenant structures
and facilities, whose primary purpose is to provide for the collection,
storage, and distribution of solar, or radiant energy received from
the sun and used for heating or cooling, for water heating, and/or
generation of electricity, A solar energy system may be ground-mounted
(i.e., placed on top of the ground surface) or roof-mounted (i.e.,
placed on or as an integral part of a building).
Is one that produces power for the property where it is located,
but to be distributed through the power grid, i.e., a solar farm.
A use which, because of unique characteristics, requires
a special permit in accordance with the provision of this chapter.
The space on a lot not occupied with a building which is
used for the outdoor and open storage for but not limited to finished
products, boats, recreational vehicles, travel trailers, snowmobiles,
and ATVs.
Space inside any building or roofed area and used for the
keeping of goods, supplies, raw material or finished products.
Land outside any building or roofed area and used for the
keeping of goods, supplies, raw material or finished products.
Public way for vehicular traffic which affords principal
means of access to abutting properties.
The right-of-way line of a street as indicated or dedicated
by a deed of record. Where the street width is not established, the
street line shall be considered to be 33 feet from the center line
of the street.
The physical alteration of an existing building or structure
when such alteration includes a physical expansion of the said building
or structure. Structural alteration shall not include the addition
of skirting, aluminum siding, or other materials used for cosmetic
purposes, but which do not require the physical alteration of the
existing building or structure.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, a residence,
stationary and portable carports (excluding tents), swimming pools,
the use of which requires location on the ground or attachment to
something having location on the ground. (Sometimes referred to as
"stick built.")
Any body of water or receptacle for water having a depth
greater than 24 inches (or a surface area greater than 250 square
feet), used or intended to be used for swimming and bathing and constructed,
installed or maintained in- or aboveground. A swimming pool shall
be deemed a structure for all purposes under the provisions of this
chapter, except a pool shall be erected or constructed with a minimum
lot line of 10 feet in any direction from the vertical water containment
line. For purposes of this chapter, the small plastic-type wading
pools (24 inches or less) for small children shall not be considered
a swimming pool.
A portable shelter made of cloth, supported by one or more
poles and stretched tight by cords or loops attached to pegs driven
into the ground and/or freestanding.
A building or part of a building devoted to showing moving
pictures or stage productions on a paid- or open-admission basis.
An open lot or part thereof with its appurtenant facilitates
devoted primarily to the showing of moving pictures or theatrical
productions on a paid-admission basis, to patrons seated in automobiles
or on outdoor seats.
An electrical sign utilizing lights going on and off periodically
to display the current time and temperature. See "sign law."
Residential structures that are between 350 square feet and
999 square feet. A tiny home, depending on construction, could be
defined as a park model, manufactured, modular or structure.
A dwelling in which overnight accommodations are provided
or offered for up to three to seven transient guests, for compensation,
but such use is secondary to the occupancy of the dwelling by an owner
of a lot of record. (A bed-and-breakfast shall also be considered
a tourist home.)
Any substance or combination of substances which, because
of quantity, concentration, or physical or chemical 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 treated, stored, transported, disposed
or otherwise managed.
Any vehicle which may be towed and is capable of being used
for carrying goods, equipment, machinery or used as a site office.
A vehicular portable structure, including those commonly
known as "recreational vehicles" or "RVs," built on a chassis designed
to be used primarily for travel, recreational and vacation uses, and
having a body width not exceeding eight feet and a body length not
exceeding 55 feet.
Property consisting of a tract of land and providing ground
area for the parking of three or more occupied travel trailers campers,
mobile homes, the erection of tents or other structures for overnight
occupancy primarily for recreational or vacation purposes.
A use specifically allowed in the district, excluding illegal
and nonconforming uses.
The specific purpose for which land, water, item or a building
is designed, arranged or intended to be used.
Written authority to depart from or modify the regulations of this chapter, including the use of land, said authority to be granted by the Zoning Board of Appeals in accordance with the provisions of Article III of this chapter.
A building for storing and distributing goods and products.
Any materials unused or rejected as unwanted or worthless.
A building with sails or vanes that turn in the wind and
generate electrical or mechanical power.
Space on a lot not occupied with a building. Porches shall
be considered as part of the main building and shall not project into
a required yard.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
A space within and extending the full width of the lot from
the rear lot line to the part of the principal building which is the
nearest to such lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such lot line.
The Zoning Board of Appeals of the Village of Pulaski as
established by the Village Board of Trustees by local law or ordinance
pursuant to § 7-712 of the New York Village Law.
[1]
Editor's Note: See 42 U.S.C. § 5401 et seq.
