A.
The purpose of the Carthage Zoning Law is to promote
and guide development in an orderly and efficient manner. This will
reduce land use conflicts, promote traffic safety, enhance and protect
the historical and recreational attributes of the Village, retain
and improve land values, encourage quality development, ensure wise
use of utilities and promote the general health and welfare of Village
residents. This chapter is designed to protect existing development
while providing some control of growth so that future development
will not be a detriment to the Village and its residents.
B.
This chapter shall be known as the "Village of Carthage
Zoning Law."
A.
No building, structure or part thereof shall hereafter
be used, occupied, erected, moved or altered to expand the exterior
physical dimensions, and there shall be no alteration of the land
surface, including grading, filling and excavation, except in conformity
with the regulations herein specified for the district in which it
is located, until a zoning permit for the same has been issued.
C.
No part of a yard or other open space about any building
required for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
D.
The regulations of this chapter shall not apply to
buildings, structures, land or use thereof existing at the time of
enactment of this chapter. Any physical alteration of existing buildings
or structures or any change in use of any buildings, structures or
land happening after adoption of this chapter shall be regulated to
the extent provided under this chapter.
A.
When used in this chapter, words in the present tense
include the future and words of one gender include all genders. The
singular number includes the plural and the plural includes the singular.
The term "shall" is intended to be mandatory. Whenever a word or term
is defined to include certain items or matters, such inclusion is
intended to be by way of specification and not of limitation. If interpretation
or clarification of any word used in this chapter is needed it shall
be provided by the Zoning Board of Appeals in accordance with such
powers granted to them. The word "lot" includes the word "plot" or
"parcel."
B.
ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
ACCESSORY BUILDING, USE OR STRUCTURE
ADULT USE
AGRICULTURAL OPERATION
ALTERATION OF LAND SURFACE
ALTER or ALTERATION
ANATOMICAL AREA
ANTENNA
AUTOMOBILE SERVICE STATION or GASOLINE STATION
BAR
BOARDINGHOUSE or ROOMING HOUSE
BUILDING
BUILDING AREA
BUILDING LINE
CAMOUFLAGING
CAR WASH
CERTIFICATE OF COMPLIANCE
CHANGE OF USE
CHAPTER
CLUB, PRIVATE
COMMERCIAL ENTERPRISE
COMMUNITY FACILITY
DAY-CARE CENTER
DISSEMINATION
DRIVE-IN SERVICES
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ENFORCEMENT OFFICER
ERECT
FAMILY
FENCE
FLOOR AREA
GRADES, FINISHED
GROSS FLOOR AREA (GFA)
GROSS LEASABLE AREA (GLA)
HAZARDOUS MATERIAL
HEIGHT
HIGHWAY RIGHT-OF-WAY LINE
HOME OCCUPATION
HOSPITAL
HOTEL
IMPERVIOUS SURFACES
INDUSTRIAL OPERATION
INDUSTRIAL OPERATION INVOLVING HAZARDOUS MATERIAL
JUNKYARD
KENNEL
LANDSCAPING
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT OF RECORD
LOT WIDTH
MANUFACTURED HOUSING
MEDICAL FACILITIES
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MOTEL
MULTIPLE-STRUCTURE DWELLING
NONCONFORMING USE
NURSING HOME
OUTDOOR FURNACE
OUTDOOR STORAGE
PARCEL
PARKING SPACE
PERMITTED USE
PLANNING BOARD
POOL, SWIMMING
PRINCIPAL BUILDING
PRINCIPAL USE
PROFESSIONAL OFFICE
PUBLIC ASSEMBLY USE
PUBLIC GARAGE
PUBLIC UTILITIES FACILITY
RECREATION FACILITY, PUBLIC OR PRIVATE
RECREATION VEHICLE
RELIGIOUS INSTITUTION
SCHOOL
SERVICE STATION
SETBACK
SEXUAL ACTIVITIES
SHOPPING CENTER
SIGN
SIGN, ADVERTISING
SITE PLAN REVIEW
SPECIAL USE PERMIT
STREET
STREET LINE or HIGHWAY RIGHT-OF-WAY LINE
STRUCTURE
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS TOWER
TOURIST ACCOMMODATIONS
TOWER
TRAVEL TRAILER
USE
VARIANCE, AREA
VETERINARY SERVICES
WALL
WAREHOUSE
WATERFRONT PROPERTY
WATERFRONT PROPERTY LINE
WATERWAY or WATER BODY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING INSPECTOR
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
Such vehicle as defined in § 133-1 of the Village of Carthage Code.
A building, use or structure which is customarily incidental
to that of a principal building or use and which is located on the
same lot as that occupied by the principal building or use.
Any person, establishment or business involved in the viewing
or dissemination of material distinguished or characterized by an
emphasis on matter depicting, describing or relating to a sexual activity
or anatomical area.
The raising of crops, animals or animal products and limited
forestry where the principal use is for commercial or profitable intent
and any other commonly accepted agricultural purposes. Incidental
mechanical processing and sale of products grown on the premises are
included in the definition.
The grading, filling or excavation of land in connection
with a site plan review use.
To change or rearrange any exterior structural part of the
existing facilities of a building or structure by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
It shall not be considered an alteration if there is no expansion
of exterior dimensions. For instance, replacement of windows, doors,
siding, roofing, etc., as well as interior alterations, shall not
be considered an alteration for the purpose of this chapter.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio navigation, radio, television, personal communications systems
and microwave communications. The frequency of these waves generally
ranges from 10 hertz to 300,000 megahertz.
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fuels, oils or lubricants
or for the polishing, greasing, washing or servicing of motor vehicles.
Any building, structure or portion thereof used as a commercial
enterprise or business which involves the serving of alcoholic beverages
to the general public for consumption on the premises. This definition
is not intended to include restaurants where the primary and major
business is the serving of meals.
A building wherein more than four people are provided with
a room or sleeping accommodations and which charges for same.
Any structure having a roof supported by columns or by walls,
which is used or occupied for the shelter, housing or enclosure of
animals, persons or property. The term, unless specified, includes
both principal and accessory buildings.
The total area, taken on a horizontal plane at main grade
level, consumed by the principal building and all accessory buildings,
excluding chimneys, uncovered porches, patios, terraces, steps and
open areaways.
The line formed by the face of the building/structure, or
the attached part of the building/structure, nearest the lot line.
This shall include measurement from such structures as chimneys, uncovered
porches, patios, terraces, steps, open areaways, roof overhangs, cornices,
eaves and other similar protrusions.
The construction of facilities to house or support telecommunications
towers so that the towers blend readily with the landscape, neighborhood
and adjacent architectural features. Examples of camouflaging that
could be used are silo and barn, windmill and simulated tree.
A building, structure or facility which obtains commercial
income from the washing, cleaning or waxing of motor vehicles. Such
a use may be the principal function of the building or land on which
it is situated or an accessory use thereof.
A document issued by the proper municipal authority certifying
that the structure or use has been constructed or will be used in
compliance with all the applicable local laws.
Any use that substantially differs from the previous use
of a building or land. Uses covered under the same definition shall
not be considered a change of use.
The Zoning Law of the Village of Carthage, unless otherwise
specified.
A building or use catering exclusively to club members and
their guests for fraternal, social or recreational purposes.
A business which sells or trades goods, products or services
at retail or wholesale. Such enterprises include, but are not limited
to, grocery stores, hardware stores, restaurants (but not bars), drugstores,
shoe stores, appliance sales, banks, business offices and all similar
uses.
A building, structure or use operated for the benefit of
the general well-being, health, safety, welfare and/or enjoyment of
the public. This use shall include but not be limited to fire stations,
libraries, community owned buildings, schools, hospitals, nursing
homes, charitable, educational and governmental services.
A facility designed for the care of five or more children
for more than four hours per day, where tuition fees are charged or
compensation required. Such facilities must meet all applicable rules,
regulations, permitting and/or licensing requirements mandated by
the State of New York.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities or anatomical areas.
A commercial building or use which relies upon the motoring
public for its business. Such facilities contain appropriate traffic/parking
arrangements to serve motor vehicles. Examples of such facilities
include drive-in restaurants, banks, etc.
Any building used or occupied, in whole or part, as living
quarters for one or more families. (Trailers and mobile homes are
defined separately.)
A building or portion thereof used or designed as a residence
(including cooking, sanitary, living or sleeping facilities) and containing
separate dwelling units for each of the three or more families who
reside therein. Each dwelling unit must have a minimum of 450 square
feet of interior floor area.
A detached building, designated for or occupied exclusively
by one family and containing a minimum of 720 square feet of interior
floor area.
A detached building where not more than two individual families
live or where two dwelling units with separate cooking, sanitary,
living and sleeping facilities exist. Each dwelling unit must have
a minimum of 600 square feet of interior floor area.
A grant of one or more of the property rights by the owner
to and/or for use by the public, a corporation or another person or
entity.
A person appointed by the Village Board to carry out the
regulations of this chapter.
To construct, build, re-erect, reconstruct, rebuild or excavate
for a building or structure.
Any number of individuals living together as a single housekeeping
unit.
Same definition as “wall.”
The total horizontal area of all floors of a building, excepting
the basement and attic thereof, measured along the faces of the interior
walls.
Completed surfaces of ground, lawns, walks, paved areas and
roads brought to finished (final) grade, as shown on plans relating
thereto.
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length and width
of the facility.
The gross size of the floor area of a commercial/retail facility
which is leasable.
Any substance, material or waste specifically identified,
but not limited by federal or state authorities, which has the potential
to cause a health hazard, serious injury, disease, etc., during the
storage, collection, processing or disposing cycle; includes, but
is not limited to, explosives, inflammables, poisons, acids, chemicals,
radioactive materials and by-products of coal, coke, petroleum and
natural gas.
The vertical distance measured from the average elevation
of the main grade at the front of the building/structure to the highest
point of the roof.
See "street line."
Any accessory use of a service character customarily conducted
within a dwelling by the resident thereof which is clearly secondary
to the use of the dwelling for living purposes and does not substantially
change the character thereof or have an exterior evidence of such
use, other than an approved advertising sign and parking requirements
associated therewith. Not more than two persons, outside the immediate
family, shall be employed by the home occupation. Occupations such
as physician, dentist, lawyer, insurance sales, beauty salon, musical
instructor and seamstress shall be deemed to be home occupation uses.
An institution in which sick or injured persons are given
medical or surgical treatment. It does not include an establishment
for permanent occupation by the poor, convalescent or mentally ill.
A building which has a common entrance and general dining
room and contains seven or more living and sleeping rooms designed
to be occupied by individuals or groups of individuals for short or
extended periods of time.
Surfaces which do not absorb water. They consist of all buildings,
parking areas, driveways, roads, sidewalks, and any areas of concrete
or asphalt.
[Added 1-17-2011 by L.L. No. 1-2011]
Any facility which assembles, fabricates, processes or packages
products from raw materials or component parts for sale and distribution
to wholesale and retail establishments or other industries. It does
not include operations involving hazardous materials.
Any facility which assembles, fabricates, processes or packages
products from raw materials or component parts which are hazardous
materials as defined in this chapter or where the by-products and
wastes from these processes are hazardous materials.
An area of land, with or without buildings, primarily used
for the storage, outside of a completely enclosed building, of used
and discarded materials, house furnishings, machinery, vehicles or
parts thereof, including junk, with or without the dismantling, processing,
salvage, sale or other use or disposition of the same. The deposit
or storage of two or more inoperative motor vehicles or the major
parts of two or more such vehicles shall be deemed to make the lot
a junkyard.
Land or building used as a commercial business for the harboring
of five or more dogs and/or cats.
Improvements to land including but not limited to the contouring
of land, planting of flowers, shrubs, or trees, and the use of decorative
features, including sculptures, patterned walks, fountains and ponds.
A parcel of land used or occupied, or capable of being used
or occupied, by a building or structure and the accessory buildings,
structures or uses customarily incidental to it, including such yards
as are required by this chapter.
Total area within the lot lines, excluding any part thereof
lying within the boundaries of a public street or proposed public
street.
A parcel of land at the junction of and bounded by two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any line dividing one lot from another or from the street
or waterway.
The lot line adjoining any street/highway center line. If
a lot adjoins two or more streets or highways, it shall be deemed
to have a front lot line respectively on each.
The lot line opposite and most distant from the front lot
line.
Any lot line other than the front or rear lot lines.
Any lot which, individually or as a part of a subdivision,
has been recorded in the County Clerk's office and for which proof
can be given that the lot was intended for development prior to adoption
of this chapter.
The horizontal distance between the side lot lines, measured
at the front building line.
Consist of housing which is manufactured off site and then
transported to its ultimate location to be located. It shall include
among other things mobile homes, including single and double-wide
mobile homes as well as modular homes as defined herein.
[Added 12-15-2014 by L.L. No. 11-2014]
Any building, portion of a building or use thereof which
is used in the diagnosis and/or treatment of medical ailments.
A transportable single-family dwelling which may be towed
on its own running gear and which shall be permanently affixed to
real estate and used for living, sleeping, cooking and sanitary purposes.
This does not include travel trailers, camping or recreation vehicles
or sectional prefabricated houses. Mobile homes are considered manufactured
housing.
[Amended 12-15-2014 by L.L. No. 11-2014]
Any lot under single ownership on which two or more mobile
homes are located, regardless of whether or not a charge is made for
accommodations.
A dwelling unit consisting of at least 720 square feet of
interior floor area, which is manufactured in two or more sections
off-site and transported to the construction/placement site and assembled
there. All modular homes shall only be permitted on a permanent foundation.
Modular homes are considered manufactured housing.
[Amended 12-15-2014 by L.L. No. 11-2014]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office, with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities.
Any lot or portion thereof occupied by two or more separate
structures used as single-, two- and/or multifamily dwellings.
A building, structure or use which is not in conformity with
the requirements and provisions of this chapter at the time of enactment
thereof.
A structure where persons are lodged and furnished with meals
and nursing care for commercial purposes. This shall not include homes
for the mentally handicapped, drug or alcohol rehabilitation patients,
etc.
A self-contained unit designed to provide heating to a building
or structure, which unit is located outside of that building or structure.
[Added 6-18-2007 by L.L. No. 4-2007]
The keeping, in an unroofed area, of materials associated
with the principal commercial or industrial use permitted on the lot.
The amount of contiguous land falling under a single deed.
An off-street space available for the parking of one motor
vehicle and having an area of not less than eight feet wide by 20
feet long, exclusive of passageways and access thereto, and having
direct access to a street or highway.
Any use permitted under the provisions of the district in
which the land, building or structure is located.
A Board appointed by the Village Board and authorized to
review site plans, amendments, Industrial District and Planned Development
District requests, and shall include a Cooperative Joint Planning
Board, as may be authorized from time to time by the Board of Trustees
in accordance with Article 5-g of the General Municipal Law.
[Amended 5-16-2016 by L.L. No. 5-2016]
A structure or facility constructed to hold water at least
three feet deep and used by either private or public parties for recreational
purposes.
A building in which is conducted the main or principal use
of the lot on which such building is located.
The main or principal purpose for which any land, building
or structure is used or occupied.
Offices which offer professional or consulting services,
such as medical, legal, engineering, architectural and similar services.
Includes an auditorium, theater, public hall, school hall,
meeting hall, church and temple.
Any lot or building or portion thereof operated for commercial
gain which involves the storage, repair, rental, servicing, adjusting
or equipping of automobiles or other motor vehicles.
A privately or publicly owned structure or facility that
serves the general public or some of the public. Such facilities shall
include, but not be limited to, sewage treatment plants, water supply
facilities, power-generating and distribution facility, radio transmitting
centers, telephone operating centers, etc.
A municipally or privately owned (for commercial purposes)
and operated swimming pool, open space, tennis court athletic field
or similar facility for recreational use.
Includes a motor home, a truck camper or camping trailer
less than 48 feet in length and/or 720 square feet of interior floor
space and used for recreational purposes.
Includes church, temple, parish house, convent, seminary
and retreat house.
Includes parochial, private, public and nursery school, college,
university and accessory uses and shall exclude commercially operated
schools of beauty culture, business, dancing, driving, music and similar
establishments.
See "automobile service station."
The distance between a lot line and a building line. The
term is used to refer to front, side or rear distances.
A group of three or more commercial establishments built
on a site that is planned, developed, owned and managed as an operating
unit related in location, size and type of shops to the trade area
that the unit serves, providing on-site parking in definite relationship
to the type and total size of the stores.
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction.
Such a notice may be incorporated onto a building surface, be freestanding
or attached.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered on the premises
or elsewhere than where the sign is located.
The process by which the Planning Board reviews those uses
stated in this chapter that require site plan review.
A permit for special uses which must be approved by the Planning
Board, granting permission to the enforcement officer to issue a zoning
permit.
A public thoroughfare for motor vehicles which affords the
primary means of access. All streets must meet Village construction
standards.
The dividing line between a lot and a street right-of-way
line. Where there is no established street right-of-way line, the
street right-of-way line shall be considered to be 25 feet from the
center of the road.
Anything constructed or erected the use of which requires
location on the ground or attachment to something having location
on the ground. The term includes dwelling units, buildings, swimming
pools, platforms, stadiums, fences, walls, towers and signs, but is
not intended to include conventional sidewalks, driveways, curbs or
hedges.
Any commercial equipment used in connection with the provision
of wireless communications services, including cellular telephone
services, personal communications services, radio and television broadcast
communications and private radio communications services, and are
regulated by the Federal Communications Commission, both in accordance
with the Telecommunications Act of 1996 and other federal laws. A
telecommunications facility shall include monopole, guyed and latticework
tower(s) and other similar structures, as well as antenna(s), switching
stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. The following types
of telecommunications facilities are not subject to the provisions
of this section:
A structure on which transmitting and/or receiving antennas
are located.
Any permanent building or part thereof which is used or occupied
for the overnight accommodation of transient guests and for which
compensation is given. The term includes tourist homes, tourist cabins,
hotels, autocourts and motels, but does not include camps or trailer
camps.
Any structure that is quite high, compared to its lateral
dimensions, and usually constructed for a singular or specific purpose
(i.e., radio tower).
See "recreational vehicle."
The specific purpose of which any land, building or structure
is used, designed, arranged, intended, or occupied.
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 this chapter.
A building, portion thereof or use which is principally used
in the treatment and convalescence of ailing animals. Such a facility
may also be used to board animals. It is usually staffed by a trained
veterinarian and/or other professionals/workers.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening, partitioning, or
enclosure; or for the retention of earth, stone, fill or other materials
as in the case of retaining walls or bulkheads. A fence shall be considered
a wall.
Includes warehouse, wholesale establishment, discount house,
bulk storage and bulk sales outlet.
Property which abuts a waterway or water body.
Along the shoreline of waterfront property the waterfront
property line shall be determined as the high water level elevation.
The Black River.
Generally determined to mean that unoccupied open space (from
the ground upward) between the building line and the nearest lot line
or street line.
The yard between the front building line and the front lot
line and extending the full width of the lot.
The yard between the rear building line and the rear lot
line and extending the full width of the lot.
An unoccupied space extending from the front yard to the
rear yard between the required side setback line and the nearest side
lot line.
A board appointed by the Village Board whose principal duties
are to consider requests for variances from this Zoning Law.
The person appointed by the Village Board to carry out the
regulations of this chapter. This person may also be known as the
"enforcing officer."
A permit issued under this chapter allowing the establishment
of a new use or the construction, placement or alteration of a building
or structure.
