For the purpose of this chapter, certain terms
and words shall be interpreted to have the following meaning: words
used in the present tense include the future; the plural includes
the singular; the word "plot" includes the word "lot"; the word "building"
includes the word "structure"; the word "shall" is intended to be
mandatory; the word "occupied" includes the words "designed, intended,
or arranged for occupancy"; and the word "person" may include more
than one, an association, a copartnership or a corporation.
For the purpose of this chapter, certain terms
and words are herewith defined as follows:
A detached subordinate building, the use of which is customarily
incidental to that of a principal building and located on the same
lot with such principal building.
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use.
Any portion of land specifically designed or continually
used for the landing and taking off of aircraft.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing height,
or the moving from one location or position to another.
The personal keeping on a lot 20 acres or less in size of:
A building arranged, intended or designed to be occupied
by three or more families living independently of each other which
have joint or common utility services and entrances.
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations not determining use,
but excluding performance standards.
A road or street designated by the Town for high-speed movement
of large volumes of traffic.
The use of any area or portion of any lot or plot whether
inside or outside a building for the temporary storage of automobiles
awaiting dismantling, and the dismantled parts of automobiles, or
for the dismantling, cutting, demolition and burning of automobiles.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
below the average established curb level or finished grade of the
ground adjoining the building.
Any dwelling unit in which persons are housed or lodged,
with or without meals for payment of rent. A house or a furnished
rooming house shall be deemed a boardinghouse if more than one room
within it is available for rent.
Any structure covered by a roof supported by columns or by
walls and intended for shelter, housing, or enclosure of persons,
animals or chattels.
The Town Building and Code Inspector who is sometimes referred
to herein as the "Ordinance Administrator."
[1]The percentage of the plot or lot area covered by the building
area.
The line of that face of the building nearest the front line
of the lot. This face shall include bay windows, covered porches whether
closed or unenclosed, or any projections thereof, which are over 50
square feet in area.
The vertical distance from the mean finished grade to the
highest point of the building measured at the front wall of the building.
A building in which the principal use of the lot, on which
it is located, is conducted.
A sewage or water system which serves a development and is
paid for without public or special district administration or funding.
A road or street designated by the Town for the movement
of traffic between arterial roads and local roads as well as for serving
adjacent land uses.
A road or street which serves or is designed to serve as
a traffic way for a neighborhood or as a feeder to a major road or
street.
A planned development in which lots are plotted with less
than the minimum lot size and dimension requirements, but which have
access to common open space which is a part of the overall development
plan approved by the Planning Board.
A public or private building or structure for community use
with no commercial activities being conducted therein.
A multifamily project of one-family dwelling units which
may consist of one, a part, or more than one building wherein the
real property title and ownership are vested in an owner, who has
an undivided interest with others in the common usage areas and facilities
which serve the development. The means of administration and maintenance
of common areas are mutually entered into by the respective owners.
The legal or beneficial owner or owners of all of the land
proposed to be included in a planned development. The holder of an
option or contract to purchase, a lessee having a remaining term of
not less than 20 years, or other person having an enforceable proprietary
interest in such land, shall be deemed to be a developer for the purposes
of this chapter.
To spread, apply, discharge, deposit, plow, inject, dump,
spill, process, store, leak or place any sludge, sewage sludge or
septage (as hereinafter defined) into or on any land or water within
the Town of Maine.
A land use or structure for the harboring of more than three
dogs that are more than six months old.
A housing unit which (a) is at least 1,050 square feet in
size, (b) is at least 24 feet in width, (c) is constructed off site
consisting of more than one segment, (d) is designed to be permanently
anchored to a frost wall foundation or a full cellar foundation to
become a fixed part of the real estate, (e) has a perimeter masonry
foundation or is masonry in appearance, (f) has an A-frame pitched
roof, and (g) meets all applicable standards of the United States
Department of Housing and Urban Development for manufactured home
construction and safety as set forth in 24 CFR 3280. For purposes
of this chapter, a double-wide house shall be deemed to be a structure
and shall also be deemed to be a dwelling.
A lot or part thereof used primarily for the storage or disposal
by abandonment, dumping, burying or any other means and for whatever
purpose of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or part of vehicles.
Building used as living quarters for one or more families
and does not include mobile home nor casual or temporary shelters
such as tents, travel trailers, or other shelters designed to be readily
removable from the premises.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
A place with or without a building where equipment is assembled
or placed and designed to receive energy from a high-voltage distribution
supply system, so as to convert it to a form suitable for local distribution
and to distribute the energy to feeders through switching equipment
designed to protect the service from the effects of faults.
The act of:
Making hollow by removing the inner part,
Making a hole, pit, side hill cut, stripping
or similar condition,
Forming a hollow by digging, or
Digging, stripping, unearthing, or scooping
out dirt, minerals, earth, sand, gravel, rock or other materials on
or from any property within the Town of Maine.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
Any parcel of land which is in excess of 20 acres and used
principally for the raising of agricultural products or the keeping
of poultry, fowl, livestock, or domestic animals, including necessary
farm structures and the storage of farm equipment.
Any activity customarily carried on upon a farm, such as
cultivation of land and animal husbandry.
A body of water, hole in the ground, excavation, dam, ditch,
or embankment which contains, holds or impounds water, which is used
for livestock water, irrigation, fire protection, swimming and/or
fishing purposes, and which meets all of the following criteria: the
same contains less than 1,500,000 gallons of water, the same has no
dike exceeding 15 feet in height, and the same does not contain more
than 250 acres of drainage area. A farm pond shall be deemed a structure
for all purposes under the provisions of this chapter.
An open air market where old or used articles are sold.
The sum of the gross horizontal area of the several floors
in any building including the basement of a building and its accessory
buildings on the same lot, and including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
sale, greasing, washing, servicing, adjusting, or equipping, of motor
vehicles and/or for the retail sale of fuel for motor vehicles.
An enclosed space for the storage of one or more motor vehicles
and within which space no business activity or industry connected
directly or indirectly with motor vehicles is conducted.
Any area of land, including structures and buildings thereon
that is used for the sale of gasoline or oil or other fuel for the
propulsion of motor vehicles and which may include facilities for
polishing, greasing, washing, spraying, dry-cleaning or otherwise
cleaning, repairing and servicing such motor vehicles.
The mean finished grade is the average grade level of the
ground measured at the front wall of the building.
That line which measures the right-of-way of any road and
which is established by the Town, county, or state agency having jurisdiction
over the road.
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space.
A use of land, buildings, and structures for the intensive
feeding of animals and fowls, carried on as an industry where less
than 10% of all food and bedding for the animals and fowls is grown
on the premises.
Any place of storage or deposit, whether in connection with
another business or not, where two or more abandoned vehicles or junk
vehicles (or any combination thereof exceeding one) are held, whether
for the purpose of resale or 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; provided, however, the term "junkyard"
shall not be construed to mean an establishment having facilities
liar processing iron, steel or nonferrous scrap and whose principal
produce is scrap iron, steel or nonferrous scrap for sale for remelting
purposes only. Such term shall also include any lot or portion of
a lot, including buildings thereon, which is used, in whole or in
part, for (a) the collection, storage, deposit or sale of wastepaper,
rags, scrap metal, and discarded material, or (b) the collection,
storage, deposit, dismantling of machinery not in running condition
and the sale of parts therefrom. The definition of "junkyard" shall
not include vehicle warehousing, gasoline stations, licensed auto
repair garages, licensed auto dealers, towing impound yards, licensed
farm equipment dealers, or auto transport companies, provided that
the activities on those properties are limited to those uses.
[Amended 11-12-2008 by L.L. No. 2-2008; 7-19-2016 by L.L. No. 3-2016]
The act of changing or enhancing the natural features of
a plot of ground (usually around a building) so as to make it more
attractive, as by adding lawns, trees, bushes, etc.
That area comprised of the enclosed occupied living accommodations
within a residence, exclusive of basements, garages, and open porches.
An off-street space, area or berth, with an appropriate means
of access to a street or way, intended for the temporary parking of
a vehicle while loading or unloading merchandise or materials.
The remaining roads or streets (other than arterial roads,
major collector roads, and minor collector roads) in the Town are
designated local roads. Their only function is to provide access between
adjoining land uses and collector or arterial roads.
A parcel of land occupied or capable of being occupied by
a building or buildings and for accessory buildings and/or uses, including
such open spaces as are required by this chapter.
A lot situated at the intersection of two or more streets
or highways.
The mean horizontal distance between the front and rear lot
lines measured along the median between the two side lot lines.
The lot line which abuts upon a street or highway right-of-way
boundary.
The mean horizontal distance measured at right angles to
its depth along the front lot line.
Aggregate, cement rock, clay, coal, curbing, dimension stone,
dolostone, emery, flagstone, garnet, gem stones, gravel, gypsum, iron,
lead, limestone, marble, marl, metallic ore, paving blocks, peat,
riprap, roadstone, salt, sand, sandstone, shale, silver, slate, stone,
talc, titanium, topsoil, trap rock, wollastonite, zinc or any other
solid material or substance of commercial value found in natural deposits
in or on the earth.
The extraction or removal of minerals from the ground or
the breaking of the surface soil in order to facilitate or accomplish
the extraction or removal of minerals, including any activities or
processes or parts thereof for extraction or removal of minerals from
their original location and the preparation, washing, cleaning or
other processing of minerals at the mine location so as to make them
suitable for commercial, industrial or construction use; but shall
not include excavation or grading when conducted solely in aid of
on-site farming or construction. Removal of limited amounts of overburden
and mining of limited amounts of any minerals shall not be considered
as mining when done only for the purpose of extracting samples or
specimens for scientific purposes, or only for the purpose and to
the extent necessary to determine the location, quantity or quality
of any mineral deposit so long as no minerals removed during exploratory
excavation are sold, processed for sale or consumed in the regular
operation of a business.
A mobile home is:
Any portable vehicle which is designed to be
transported on its own wheels or those of another vehicle; which is
used, designed to be used and capable of being used as a detached
single-family residence; and which is intended to be occupied as permanent
living quarters containing sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities, and plumbing and electrical connections
for attachment to outside systems,
Any vehicle which was designed to be transported
on its own wheels or those of another vehicle but which does not have
wheels or running gear (consisting of axles and fixtures to which
the brakes and wheels were initially attached or designed to be attached);
which is used, designed to be used and capable of being used as a
detached single-family residence; and which is intended to be occupied
as permanent living quarters containing sleeping accommodations, a
flush toilet, a tub or shower, kitchen facilities, and plumbing and
electrical connections for attachment to outside systems, or
Any housing unit with a gross floor area of
less than 1,050 square feet which is used, designed to be used and
capable of being used as a detached single-family residence; and which
is intended to be occupied as permanent living quarters containing
sleeping accommodations, a flush toilet, a tub or shower, kitchen
facilities, and plumbing and electrical connections for attachment
to outside systems.
The definition of mobile home includes all additions
made subsequent to installation. This definition does not include
modular housing placed on a standard foundation or travel trailer.
For the purposes of this chapter, a mobile home shall be deemed a
structure. A portable vehicle shall be considered to retain its essential
characteristics of portability even if any elements contributing to
its portability, such as wheels, axles and hitch, are removed after
initial attachment.
A mobile home park is any parcel of land which is planned
and improved for the placement of two or more mobile homes which are
used for dwellings and for occupancy of more than 90 consecutive days.
A housing unit constructed off-site consisting of more than
one segment and designed to be permanently anchored to a foundation
or placed upon a permanent foundation, to become a fixed part of the
real estate, which meets all the standards of the New York State Uniform
Fire Prevention and Building Code, and which was not designed by the
manufacturer with the intent of it being moved from place to place
after initial installation and occupancy. For purposes of this chapter,
a modular house shall be deemed a structure and shall also be deemed
a dwelling.
A building or group of buildings providing rental sleeping
rooms and which may also include dining rooms, kitchens, serving rooms,
ballrooms and other facilities and services intended primarily for
the accommodation of the personal needs of the motoring public, and
including facilities for the parking of patron's motor vehicles.
An area or building used primarily for the maintenance and/or
storage of trucks, tractor-trailer vehicles, and parts for tractor-trailer
vehicles and industrial materials.
A building or structure or portion thereof lawfully existing
on the effective date of this chapter or subsequent amendment thereof,
which does not completely conform to the regulations applicable in
the district or zone in which it is located.
A building, structure or use of land lawfully existing at
the time of enactment of this chapter or subsequent district amendments,
and which does not completely conform to the regulations applicable
to the district or zone in which it is situated. The filing or approval
of a map or a plan, including a subdivision map or plan, prior to
the effective date of this chapter shall not constitute a "use of
land" within the meaning of this definition.
Any establishment for hire where persons are housed and furnished
with meals and nursing care.
A porch open on three sides except for screening. A porch
shall not be considered open if enclosed by either permanent or detachable
glass sash. A structure having a driveway running to it, under it,
or through it shall not be considered to be an open porch, but shall
be considered part of the principal structure.
Land not covered by buildings, or parking lots, open storage,
mining operations, or any other use that visually obscures the natural
or improved landscape, except for recreational facilities.
A parcel or parcels of land or an area of water, or a combination
of land and water designed and intended for the private or public
use or enjoyment of the space. Common open space may contain such
complimentary structures and improvements as are necessary and appropriate
for the benefit and enjoyment of the space.
The Town Building and Code Inspector.
Any space used for the storage of more than three vehicles
on a continuing basis, such space either being for hire or accessory
to an existing building or use of land.
An off-street, area, or berth, with an appropriate means
of vehicular access to a street, intended for the temporary storage
of vehicles.
Any individual, public or private corporation, business corporation,
political subdivision, government agency, department, board or bureau
of the state or federal government, municipality, industry, partnership,
copartnership, association, firm, trust, estate, or any other legal
entity.
The design of a development, including a plot of subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, private
streets, ways and parking facilities. The phrase "provisions of the
plan" when used in these regulations shall mean the written and graphic
materials referred to in this definition.
A vocation, occupation or employment involving labor, skill,
education, special knowledge and compensation for profit, but the
labor and skill involved is predominantly mental or intellectual,
rather than physical or manual.
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, gas, electric,
telephone, or other public utility service.
The distance between the rear lot line and the nearest point
of a building.
Land or structures designed for recreation of any age groups.
A building wherein food or beverages are available for on-site
consumption including drive-in food service.
Fences, bushes, or trees or other natural and/or artificial
material which obscures the visual character of any given building
or use of land.
The contents of a septic tank, cesspool, or other individual
sewage treatment facility which receives domestic sewage wastes. "Septage"
shall not be deemed to include the contents of any septic tank, cesspool
or other individual sewage treatment facility located within the Town
of Maine, which receives domestic sewage wastes generated within the
Town of Maine, when all of the following conditions are met:
Such contents are generated from a single-family
dwelling, two-family dwelling, multiple dwelling, mobile home, business
facility, commercial facility or industrial facility located within
the Town of Maine,
Such contents are generated and disposed of
within the property boundaries of such single-family dwelling, two-family
dwelling, multiple dwelling, mobile home, business facility, commercial
facility or industrial facility located within the Town of Maine,
and
Such contents are disposed of in compliance
with all applicable United States of America, State of New York, Broome
County and Town of Maine statutes, ordinances, local laws, codes,
rules and regulations.
The accumulated semisolid suspension of solids deposited
from wastewaters from municipal or private sewage treatment plants.
A lot used for two or more commercial use units, attached,
or detached, which relate to a common parking area, and common points
of ingress and egress and common circulation pattern.
The distance between the side line of the lot and the nearest
point of a principal building.
See Article XIII, Signs, of this chapter.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids.
Any public way dedicated to public vehicular travel. "Street"
shall be taken as synonymous with "road" or "highway."
Limit of street or highway right-of-way line. For the purpose
of this chapter, "street line" shall be the highway right-of-way line.
(For further clarification of the definition, contact the Town Highway
Superintendent.)
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A structure which has open space on all four sides.
Any body of water or receptacle for water having a depth
at any point greater than one foot, used or intended to be used for
swimming, and constructed, installed or maintained in or above the
ground. A swimming pool shall be deemed a structure for all purposes
under the provisions of this chapter.
A pool constructed on a lot designed to be used by the occupants
of the lot excluding public or club use.
A two-story single-family dwelling unit attached to another
similar dwelling unit utilizing common open space, and parking.
Any portable vehicle which is designed to be transported
on its own wheels; which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes; and which
may or may not include all of the accommodations and facilities included
in a mobile home. Such travel trailer shall be less than 10 feet in
width, and shall be 35 feet or less in length.
Any area of land or building used for occupancy by two or
more travel trailers that are used for temporary dwellings by transient
persons for no more than three months.
The use of premises for public selling or offering for sale
of two or more motor vehicles at any one time.
An establishment for the temporary storage of vehicles, which
is available to the general public for a fee, and which does not include
vehicle maintenance, repair or sales.
[Added 7-19-2016 by L.L.
No. 3-2016]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
An open unoccupied space on the same lot with a principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street line. Covered
porches whether enclosed or unenclosed shall be considered as part
of the principal building and shall not project into a required front
yard.
An open space extended across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory building and open
porches.
An open space on the same lot with a principal building between
the principal building and the side line of the lot and extending
through from the front yard to the rear yard, into which space there
shall be no extension of building parts other than two feet, rain
water leaders, window sills, and other such fixtures and open steps.
