Village of Carthage, NY General Provisions

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."

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE

Such vehicle as defined in § 133-1 of the Village of Carthage Code.

ACCESSORY BUILDING, USE OR STRUCTURE

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.

ADULT 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.

AGRICULTURAL OPERATION

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.

ALTERATION OF LAND SURFACE

The grading, filling or excavation of land in connection with a site plan review use.

ALTER or ALTERATION

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.

ANATOMICAL AREA

(1)

Less than completely and opaquely covered genitals, pubic region or female breasts below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely covered.

ANTENNA

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.

AUTOMOBILE SERVICE STATION or GASOLINE STATION

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.

BAR

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.

BOARDINGHOUSE or ROOMING HOUSE

A building wherein more than four people are provided with a room or sleeping accommodations and which charges for same.

BUILDING

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.

BUILDING AREA

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.

BUILDING LINE

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.

CAMOUFLAGING

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.

CAR WASH

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.

CERTIFICATE OF COMPLIANCE

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.

CHANGE OF USE

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.

CHAPTER

The Zoning Law of the Village of Carthage, unless otherwise specified.

CLUB, PRIVATE

A building or use catering exclusively to club members and their guests for fraternal, social or recreational purposes.

COMMERCIAL ENTERPRISE

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.

COMMUNITY FACILITY

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.

DAY-CARE CENTER

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.

DISSEMINATION

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.

DRIVE-IN SERVICES

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.

DWELLING

Any building used or occupied, in whole or part, as living quarters for one or more families. (Trailers and mobile homes are defined separately.)

DWELLING, MULTIPLE-FAMILY

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.

DWELLING, SINGLE-FAMILY

A detached building, designated for or occupied exclusively by one family and containing a minimum of 720 square feet of interior floor area.

DWELLING, TWO-FAMILY

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.

EASEMENT

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.

ENFORCEMENT OFFICER

A person appointed by the Village Board to carry out the regulations of this chapter.

ERECT

To construct, build, re-erect, reconstruct, rebuild or excavate for a building or structure.

FAMILY

Any number of individuals living together as a single housekeeping unit.

FENCE

Same definition as “wall.”

FLOOR AREA

The total horizontal area of all floors of a building, excepting the basement and attic thereof, measured along the faces of the interior walls.

GRADES, FINISHED

Completed surfaces of ground, lawns, walks, paved areas and roads brought to finished (final) grade, as shown on plans relating thereto.

GROSS FLOOR AREA (GFA)

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.

GROSS LEASABLE AREA (GLA)

The gross size of the floor area of a commercial/retail facility which is leasable.

HAZARDOUS MATERIAL

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.

HEIGHT

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.

HIGHWAY RIGHT-OF-WAY LINE

See "street line."

HOME OCCUPATION

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.

HOSPITAL

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.

HOTEL

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.

IMPERVIOUS SURFACES

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]

INDUSTRIAL OPERATION

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.

INDUSTRIAL OPERATION INVOLVING HAZARDOUS MATERIAL

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.

JUNKYARD

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.

KENNEL

Land or building used as a commercial business for the harboring of five or more dogs and/or cats.

LANDSCAPING

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.

LOT

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.

LOT AREA

Total area within the lot lines, excluding any part thereof lying within the boundaries of a public street or proposed public street.

LOT, CORNER

A parcel of land at the junction of and bounded by two or more intersecting streets.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINE

Any line dividing one lot from another or from the street or waterway.

LOT LINE, FRONT

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.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE

Any lot line other than the front or rear lot lines.

LOT OF RECORD

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.

LOT WIDTH

The horizontal distance between the side lot lines, measured at the front building line.

MANUFACTURED HOUSING

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]

MEDICAL FACILITIES

Any building, portion of a building or use thereof which is used in the diagnosis and/or treatment of medical ailments.

MOBILE HOME

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]

MOBILE HOME PARK

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.

MODULAR HOME

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]

MOTEL

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.

MULTIPLE-STRUCTURE DWELLING

Any lot or portion thereof occupied by two or more separate structures used as single-, two- and/or multifamily dwellings.

NONCONFORMING USE

A building, structure or use which is not in conformity with the requirements and provisions of this chapter at the time of enactment thereof.

NURSING HOME

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.

OUTDOOR FURNACE

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]

OUTDOOR STORAGE

The keeping, in an unroofed area, of materials associated with the principal commercial or industrial use permitted on the lot.

PARCEL

The amount of contiguous land falling under a single deed.

PARKING SPACE

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.

PERMITTED USE

Any use permitted under the provisions of the district in which the land, building or structure is located.

PLANNING BOARD

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]

POOL, SWIMMING

A structure or facility constructed to hold water at least three feet deep and used by either private or public parties for recreational purposes.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which such building is located.

PRINCIPAL USE

The main or principal purpose for which any land, building or structure is used or occupied.

PROFESSIONAL OFFICE

Offices which offer professional or consulting services, such as medical, legal, engineering, architectural and similar services.

PUBLIC ASSEMBLY USE

Includes an auditorium, theater, public hall, school hall, meeting hall, church and temple.

PUBLIC GARAGE

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.

PUBLIC UTILITIES FACILITY

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.

RECREATION FACILITY, PUBLIC OR PRIVATE

A municipally or privately owned (for commercial purposes) and operated swimming pool, open space, tennis court athletic field or similar facility for recreational use.

RECREATION VEHICLE

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.

RELIGIOUS INSTITUTION

Includes church, temple, parish house, convent, seminary and retreat house.

SCHOOL

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.

SERVICE STATION

See "automobile service station."

SETBACK

The distance between a lot line and a building line. The term is used to refer to front, side or rear distances.

SEXUAL ACTIVITIES

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

SHOPPING CENTER

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.

SIGN

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.

SIGN, ADVERTISING

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.

SITE PLAN REVIEW

The process by which the Planning Board reviews those uses stated in this chapter that require site plan review.

SPECIAL USE PERMIT

A permit for special uses which must be approved by the Planning Board, granting permission to the enforcement officer to issue a zoning permit.

STREET

A public thoroughfare for motor vehicles which affords the primary means of access. All streets must meet Village construction standards.

STREET LINE or HIGHWAY RIGHT-OF-WAY LINE

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.

STRUCTURE

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.

TELECOMMUNICATIONS FACILITY

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:

(1)

Antennas used solely for residential household reception.

(2)

Satellite antennas/dishes measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.

TELECOMMUNICATIONS TOWER

A structure on which transmitting and/or receiving antennas are located.

TOURIST ACCOMMODATIONS

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.

TOWER

Any structure that is quite high, compared to its lateral dimensions, and usually constructed for a singular or specific purpose (i.e., radio tower).

TRAVEL TRAILER

See "recreational vehicle."

USE

The specific purpose of which any land, building or structure is used, designed, arranged, intended, or occupied.

VARIANCE, AREA

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.

VETERINARY SERVICES

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.

WALL

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.

WAREHOUSE

Includes warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.

WATERFRONT PROPERTY

Property which abuts a waterway or water body.

WATERFRONT PROPERTY LINE

Along the shoreline of waterfront property the waterfront property line shall be determined as the high water level elevation.

WATERWAY or WATER BODY

The Black River.

YARD

Generally determined to mean that unoccupied open space (from the ground upward) between the building line and the nearest lot line or street line.

YARD, FRONT

The yard between the front building line and the front lot line and extending the full width of the lot.

YARD, REAR

The yard between the rear building line and the rear lot line and extending the full width of the lot.

YARD, SIDE

An unoccupied space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line.

ZONING BOARD OF APPEALS

A board appointed by the Village Board whose principal duties are to consider requests for variances from this Zoning Law.

ZONING INSPECTOR

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."

ZONING PERMIT

A permit issued under this chapter allowing the establishment of a new use or the construction, placement or alteration of a building or structure.