Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings herein
indicated:
ACCESSORY BUILDING
A building customarily incidental or subordinate to with
the principal building on the same lot.
ACCESSORY STRUCTURE
Structures, including but not limited to balconies, stoops,
and open porches, are not considered accessory structures.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building.
ADULT ENTERTAINMENT
Definitions particular to §
160-6.3, Standards for Adult Entertainment:
A.
ADULT ENTERTAINMENT BUSINESSA commercial establishment where a substantial portion of the business includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below.
B.
ADULT BOOKSTOREA bookstore that has a substantial portion of its stock-in-trade in any one or more of the following:
(1)
Books, magazines, periodicals, or other printed
matter that is characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical
areas; or
(2)
Photographs, films, motion pictures, videocassettes,
slides or other visual representations that are characterized by an
emphasis upon the depiction or description of specified sexual activities
or specified anatomical areas.
C.
(1)
Live performances that are characterized by
an emphasis on specified sexual activities or specified anatomical
areas; or
(2)
Films, motion pictures, videocassettes, slides
or other photographic reproductions that are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or
(3)
Employees who, as part of their employment,
regularly expose to patrons specified anatomical areas and such establishment
is not customarily open to the general public during such features
because it excludes minors by reason of age.
D.
(1)
Films, motion pictures, videocassettes, slides
or other photographic reproductions that are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; or
(2)
Live performances characterized by an emphasis
on specified anatomical areas or specified sexual activities and such
establishment is not customarily open to the general public during
such features because it excludes minors by reason of age; or
(3)
An adult theater shall include commercial establishments
where the materials or performances listed above are viewed from individual
enclosures.
E.
ADULT ENTERTAINMENT BUSINESS, OTHERMay be a facility—other than an adult bookstore, adult eating and drinking establishment, adult theater, commercial studio, or business or trade school—which features employees who, as part of their employment, regularly expose to patrons specified anatomical areas and which is not customarily open to the general public during such features because it excludes minors by reason of age.
F.
(1)
Human genitals in a state of sexual stimulation
or arousal;
(2)
Actual or simulated acts of human masturbation,
sexual intercourse or sodomy; or
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttock, anus or female breast.
G.
(1)
Less than completely and opaquely concealed
human genitals; pubic region; human buttock; anus; female breast below
a point immediately above the top of the areola.
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely concealed.
AGRICULTURE
The raising of crops, animals or animal products, horticultural
or nursery products for gain, including the sale of farm produce and
agricultural products.
ALTERATION
Any change, rearrangement or addition to a building or any
modification in construction or in building equipment, excluding normal
maintenance and repairs.
ANIMAL HOSPITAL
Premises for the medical and/or surgical care of sick or
injured animals with or without accessory boarding accommodations
for convalescence. The term "animal hospital" shall also include a
veterinary clinic.
APPLIANCE/COMPUTER REPAIR FACILITY
An establishment for the repair and service of household
items, including but not limited to washing machines, dryers, refrigerators,
toasters, microwave ovens, and ovens.
ASSISTED-LIVING FACILITY
Residences for the elderly that provide rooms, means, personal
care, and supervision of self-administered medication. They may provide
other services, such as recreational activities, financial services,
and transportation.
BAR
See "tavern/nightclub."
BASEMENT
That space of a building which is partly below grade and
which has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
BED-AND-BREAKFAST
Owner-occupied, one-family dwelling used for providing overnight
accommodations and a morning meal and containing not more than 10
bedrooms for lodgers. The number of overnight guests housed in the
facility (excluding the regular residential occupants) may not exceed
the number of permitted sleeping units multiplied by three.
BOARDING-, LODGING OR ROOMING HOUSE
A private dwelling in which at least three but not more than
six rooms are offered for rent, whether or not table board is furnished
to lodgers, and in which no transients are accommodated and no public
restaurant is maintained. A boardinghouse is considered a multiple-occupancy
dwelling.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, or property. A group of attached townhomes and/or
a multifamily dwelling will constitute a single building.
[Amended 4-15-2008 by L.L. No. 3-2008]
BUILDING LINE OR BUILD-TO LINE
A line drawn at the main wall of a building, excluding steps,
porches, patios, eaves, cornices or other projections, and extending
from lot line to lot line.
BUILDING SCALE
The relationship between the mass of a building and its surroundings,
including the width of street, open space and mass of surrounding
buildings.
BUS DEPOT
Any premises for the storage or parking of motor-driven buses
and/or the loading and unloading of passengers.
CANNABIS RETAIL DISPENSARIES
A retail facility that sells at retail any cannabis product,
the sale of which a license is required for an adult use cannabis
retail dispensary under the provisions of the New York State Marijuana
Regulation and Taxation Act.
[Added 3-15-2022 by L.L. No. 1-2022]
CAR WASH
Premises regularly used for washing, cleaning or polishing
motor vehicles for compensation.
CELLAR
That space of a building which is partly below grade and
which has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
CEMETERY
Property used for the interring of the deceased.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Village of Cobleskill Historic
District Review Commission upon approval of the exterior architectural
features of any new building construction or alterations to an existing
building located within the Village's Historic District.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer when
the plans for a proposed use meet all applicable codes and regulations.
CHANGE IN USE
When a particular use has exceeded the scope of its original
permit and thus seeks to become part of another use category. A change
in use requires either a new permit from any governmental agency;
construction that requires a building permit for the construction
or enlargement of a structure exceeding 25% of its original square
footage; the clearing, excavation or grading of more than 350 square
feet of land; the addition of four or more parking spaces; or the
enlargement or addition of signs. A change of ownership or tenancy
does not constitute a change of use.
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment and the arts.
CHURCH
See "places of worship."
CLINIC, MEDICAL OR DENTAL
An independent facility for the provision of health services
by licensed professional staff on an outpatient basis and without
accommodations for overnight patient stays. A clinic that is an integral
part of a hospital or nursing home shall be considered the same use
as said hospital or nursing home for purposes of this Code.
COBLESKILL
The incorporated Village of Cobleskill, Schoharie County,
New York.
COIN-OPERATED LAUNDRY
Premises equipped with individual clothes washing and drying
and/or cleaning machines which are operated by the customers themselves.
COMMERCIAL LAUNDRY or DRY CLEANER
Premises equipped with machines for washing and drying and/or
chemically cleaning and pressing clothes left by customers and picked
up after cleaning. "Commercial laundry" or "dry cleaner" also includes
premises which serve only as customer dropoff and pickup locations
and which send customer's clothes off the premises for cleaning and
pressing.
CONDOMINIUM
A multiunit building or buildings in which an owner has exclusive
ownership rights to a given unit, but real estate and common elements
are owned jointly by a group of owners or by a separate entity. Condominiums
are governed by New York State Real Property Law Article 9-B Condominium
Law § 339. Condominiums shall be an allowable use in RPUDD-1
and all multifamily zoning categories, subject to an approved site
plan review.
[Added 4-15-2008 by L.L. No. 3-2008;
amended 9-20-2011 by L.L. No. 8-2011]
CONSERVATION
The protection or management of land in a natural state,
including management practices such as clearing and replanting, stream
channel maintenance and erosion control, among others.
CONVENIENCE STORE
Quick-stop retail sales outlet with no sale of gasoline and
with no motor vehicle repair.
CONVENT/MONASTERY
A multiple-occupancy structure used by an organized religious
order to house no more than six members.
CONVERSION
A change in the use of a structure from a single-family unit
to a two- or multifamily unit.
COURT, INNER
An open space enclosed on all sides by exterior walls of
a building.
COURT, OUTER
An open space enclosed on three sides by a combination of
exterior building walls and/or fence, freestanding walls or landscape
plants.
COURT, OUTER, DEPTH OF
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
COVERAGE
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
CUL-DE-SAC
A minor street with only one outlet and having a turning
loop at the closed end.
[Added 4-15-2008 by L.L. No. 3-2008]
CURBLINE
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary of the roadway.
CYBERCAFE
An establishment providing on-site computers and Internet
access to the public, with food and nonalcoholic beverage service.
DRIVE-IN
An establishment constructed to cater to the motoring public,
whether or not serving pedestrians as well as the automobile trade,
and providing curb and/or window counter service. A drive-in facility
does not include a restaurant with a drive-through. See "restaurant
with drive-in facility."
DRIVE-IN MOVIES
An open lot, together with appurtenant facilities, where
motion pictures are shown to paying customers seated in automobiles
or on outdoor seats.
DUMP
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.
DWELLING, DUPLEX
A one-family dwelling separated by a party wall from only
one adjacent dwelling unit.
DWELLING, MULTIPLE-OCCUPANCY
A single dwelling unit with one or more sleeping rooms used
or occupied by permanent or transient tenants; a building with sleeping
accommodations used or occupied as a club, dormitory, fraternity or
sorority house, or community residence.
DWELLING, ROW or ATTACHED
A one-family dwelling with party walls separating it from
adjacent units on both sides having separate water and sewer service.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit only and
that is not attached to any other dwelling by any means and is surrounded
by open space or yards.
DWELLING, TOWNHOME
Two to six conjoined dwelling units owned individually and
not in common by one owner and separated from the adjacent dwelling
unit by party walls and having a separate independent entrance from
an outside yard area and each having a separate water and sewer service.
The owner of each single-family residential unit owns the real estate
directly under his/her unit plus any additional real estate as laid
out in an approved site plan and with any necessary subdivision approval.
Townhomes shall be an allowable use in RPUDD-1 and all multi-family
zoning categories, subject to an approved site plan review.
[Added 4-15-2008 by L.L. No. 3-2008;
amended 9-20-2011 by L.L. No. 8-2011]
DWELLING, TWO-FAMILY
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
vertical wall, except for a common stairwell exterior to both dwelling
units.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family. A boarding-
or rooming house, convalescent home, fraternity or sorority house,
dormitory, hotel, inn, lodging, nursing, or other similar homes or
other similar structures shall not be deemed to constitute a dwelling
unit.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, architectural details and features,
general design and general arrangement of the exterior of a building,
including the kind and texture of building material and the type and
style of doors and windows, light fixtures, signs and other appurtenant
fixtures.
FACADE
A building face or wall.
FACADE BREAK
A change in setback or architectural style that may include
such things as varying the size or height of architectural components
of a building so that a building appears as separate structures. Windows
and doors by themselves do not constitute facade breaks.
FAIRGROUNDS
Use undertaken or administered by the Cobleskill Agricultural
Society in managing the affairs and activities of the fairgrounds.
FAMILY
One or more persons occupying a dwelling unit as a single
housekeeping unit under a common housekeeping management plan based
on an intentionally structured relationship providing organization
and stability.
FARM
A parcel of land used principally in the commercial raising
or production of agricultural products and the necessary or usual
dwellings, farm structures, storage and equipment related thereto.
Agricultural products shall include, but are not limited to, field
crops, vegetable crops, fruit, woodland products, livestock and livestock
products and fowl. It excludes kennels and stables used by the public.
FARMERS' MARKET
A seasonal outdoor market for the sale of fresh produce,
plants and food products which operates not more than six months in
any calendar year, with no permanent structures.
FENCE
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
FLOOR AREA, GROSS
The sum of the gross horizontal area of the several floors
of the building or buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings.
FLOOR AREA, NET
The actual square footage of an area used for gathering people
together, not including accessory or other areas used for different
purposes or the thickness of walls. Such area is normally enclosed
by walls or other dividers.
FOWL
Animals including, but not limited to, domestic birds such
as chickens, ducks, geese, turkeys, pheasants or pigeons raised in
confinement.
FREESTANDING DRIVE-THROUGH BUSINESS
A freestanding structure with a footprint no larger than
10 feet by 10 feet that by design, physical facilities, service, or
packaging procedures encourages or permits customers to receive services
or obtain goods while remaining in their motor vehicles.
FRONTAGE
The horizontal distance between the side lot lines measured
along the street line.
FUEL OIL STORAGE
Premises used for the storage of fuel oil, kerosene or other
combustible fuel in tanks for the sale by motor vehicle or other means
of conveyance to purchasers at some other location and excluding gasoline
storage tanks used at gasoline stations for retail sales or tanks
used by individuals when fuel is not sold.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
GALLERY/MUSEUM
A structure used for the storage and display of cultural,
scientific, environmental, historic, or other resources.
GAMES ARCADE
A commercial establishment other than a bar or restaurant
in which a substantial portion of the business is games and amusement
devices, such as pool, video games, pinball machines and similar mechanical
or electronic devices.
GARAGE
Premises used for the storage, display, sale, rental, service
or repair of motor vehicles.
GARAGE, PRIVATE
An accessory garage used by the occupants of a principal
structure for storing one or more vehicles or boats and within which
no business, occupation, service or industry is conducted for profit.
GASOLINE STATION
A commercial establishment which includes the sale and delivery
of gasoline or other fuel for the propulsion of motor vehicles. A
gasoline station may include the accessory sale and installation of
oil or other substances, tires, batteries and other motor vehicle
accessories. A gasoline station may also conduct minor vehicle repairs.
A gasoline station may also include a quick-stop retail store, provided
that the store is an integral part of the gasoline station.
GLARE
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see and in extreme cases causing momentary
blindness.
GOLF COURSE
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a clubhouse and shelter.
GRAPHICS, WINDOW
A sign, logo or other illustrative diagram or sketch attached
to or painted on a window or displayed from the interior side of a
window for outside viewing.
GROUP HOME
A dwelling which is occupied by unrelated persons who may
be handicapped, developmentally disabled or emotionally disturbed
and which is supervised by a paid or volunteer live-in counselor.
A group home is considered a multiple-occupancy dwelling. See "rest
home."
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping,
eating or cooking and contained wholly within a dwelling unit. Restaurants
for employees and occupants, kitchens serving them and kitchenettes
shall not be deemed to be habitable space. See "nonhabitable space."
HEIGHT OF A STRUCTURE
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure to the
highest point of the building or structure, excluding the chimney.
HOME OCCUPATION
A profession or occupation conducted within a dwelling or
accessory structure thereto for profit by persons residing therein.
HOTEL/INN
A multiple dwelling used primarily to furnish lodging, with
or without meals or tavern facilities, consisting of more than 10
rooms, for compensation.
ILLUMINATION, DIRECT
Illumination which incorporates any artificial lighting as
an inherent part or feature or which depends for its illumination
on transparent or translucent material or electricity or radio-activated
or gaseous material or substance.
ILLUMINATION, INDIRECT
Illumination with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
ILLUMINATION, INTERNAL
Illumination with an artificial light which is an intrinsic
part of the sign itself and is designed to light the features of the
sign from within. Internal illumination is also direct illumination.
INDOOR THEATER/AUDITORIUM
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
INDUSTRY, COTTAGE
Artisan/craftsman production of goods, a substantial portion
of which is sold on the premises.
INDUSTRY, LIGHT
Manufacture, assembly, treatment or packaging of products
that does not result in a private or public nuisance (e.g., emit objectionable
levels of smoke, noise, dust, odor, glare or vibration beyond the
property boundaries). A commercial bakery is an example of light industry.
[Amended 6-19-2012 by L.L. No. 4-2012]
JUNK VEHICLE
Any motor vehicle no longer intended or in condition for
legal use on the public highways.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. "Junkyard" shall mean and include
a junkyard within the meaning of § 136 of the General Municipal
Law.
KENNEL
Premises used for the sale, harboring, breeding or care of
dogs for compensation.
KITCHENETTE
Space less than 60 square feet in floor area used for cooking
or preparation of food.
LANDFILL, INDUSTRIAL
A nonhazardous waste landfill accessory to an industrial
facility and operated under the permit provisions of the New York
State Environmental Conservation Law, Article 27, Title 7 (Part 360).
LANDSCAPE PLANTING
The functional and aesthetic planting and maintenance of
trees, shrubbery and flowers in relationship to man-made structures
and the existing natural landscape elements.
LIGHTED SIGN
Any sign designed to give forth or to reflect artificial
light.
A.
Externally illuminated: a sign illuminated with
an artificial light which is separated from or is not an intrinsic
part of the sign itself.
B.
Internally illuminated: a sign illuminated by
use of an artificial light which is located within the sign structure
and which depends for its illumination on transparent or translucent
material.
C.
Neon sign: a sign created by glass tubing incorporating
ionic or other discharge of gas. Considered to be an internally illuminated
sign.
LIGHT FIXTURE, FULLY SHIELDED
The luminaire shall emit no direct light above a horizontal
plane through the lowest direct light-emitting part of the luminaire.
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries
of the property.
LIVERY/TAXI
A commercial establishment for the storage and dispatch of
motor vehicles used for hire for the transport of people or goods.
LIVESTOCK
Animals including, but not limited to, domestic animals such
as sheep, goats, cattle, swine and horses which are kept on a farm.
LIVING FENCE
Any fence or hedge composed of organic materials.
LOADING BERTH
An entrance to a structure for the purpose of loading and
unloading delivered goods and supplies, at least 12 feet wide, 33
feet long and 14 feet high, with unobstructed access, at least 10
feet wide, to and from a street. Such access may be combined with
access to a parking lot.
LOT
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, together with
the required open spaces appurtenant to such building or group of
buildings.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed to be a "corner lot"
if the tangents to the curve at the points of intersection of the
side lot lines with the street lines intersect at an interior angle
of less than 135°.
LOT DEPTH
The minimum distance from the street line of a lot to the
rear lot line of such lot.
LOT LINE
Any boundary of a lot other than a street line.
LOT LINE, REAR
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the "rear lot line" shall be deemed to be a line
parallel to the street line not less than 10 feet long lying farthest
from the street line.
LOT WIDTH
The dimension measured along the front yard minimum requested
setback at substantially right angles to the depth of the lot.
LUMINAIRE
A complete lighting system, including a lamp or lamps and
a fixture.
MANUFACTURING
The fabrication, alteration, processing, finishing, handling
or assembly of raw materials and packaging, warehousing and storage
of articles in quantity. A bottling plant is an example of manufacturing.
[Amended 6-19-2012 by L.L. No. 4-2012]
MEDICAL/DENTAL CLINIC
Any structure or group of structures occupied by medical
practitioners, including but not limited to doctors, dentists, chiropractors,
opticians, optometrists, etc., and related services for the purpose
of providing health services to people on an outpatient basis.
MEMBERSHIP CLUB
Premises used by a not-for-profit organization or unincorporated
association catering exclusively to members and their guests for social,
recreational, athletic or similar purposes.
MOBILE HOME
A transportable, one-family dwelling on a chassis, movable
either on its own or by being drawn by another vehicle, equipped for
year-round occupancy and containing the same water supply, water disposal,
heating and electrical conveniences as immobile housing. A modular
home is not a mobile home.
MOBILE HOME PARK
Any lot on which two or more mobile homes are located regardless
of whether or not rent is charged for such accommodations.
MODULAR HOME
A structure made of prefabricated sections manufactured at
another location, shipped to their ultimate destination and assembled
on a foundation to form a permanent single-family, row house or multiple-family
unit and which meets all New York State requirements concerning factory-manufactured
housing. A modular home is constructed of building materials and in
a manner which is similar to the materials and construction techniques
used for conventional housing. A modular home is not, for the purposes
of this chapter, a mobile home.
MOTOR VEHICLE REPAIR FACILITY
A commercial establishment which repairs or replaces motor
vehicle engines, body parts or electrical or mechanical systems, including
but not limited to:
A.
Body reconstruction or repair, welding, spray
painting or interior alterations or repairs.
B.
Repair or replacement of all or part of a clutch,
transmission, differential, axle, springs or frame.
C.
Repair or replacement of engines or radiators.
MOTOR VEHICLE SALES LOT
Premises used for the display of new or used automobiles
or trucks or related automobile equipment for sale.
NONCONFORMING BUILDING
A building which contains a use permitted in the district
in which it is located but which does not conform to the district
regulations for lot area, width or depth; front, side or rear yard
dimensions; maximum height; lot coverage; or minimum habitable floor
area per dwelling unit.
NONCONFORMING USE
A use, whether of a building or tract of land or both, lawfully
existing prior to the effective date of this chapter and which is
maintained after the effective date of this chapter even though it
does not comply with use restrictions or supplemental regulations
applicable to the area in which it is located.
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces used for access and vertical travel between
stories. See "habitable space."
NONPROFIT ORGANIZATION
Any corporation or association which is organized or conducted
exclusively for religious, charitable, hospital, educational, moral
or mental improvement of men, women or children or cemetery purposes
or for two or more such purposes or which is organized or conducted
exclusively for bible tract, benevolent, missionary, infirmary, public
playground, scientific, literary, bar association, medical society,
museum, environmental and conservation, patriotic or historical purposes,
for the enforcement of laws relating to children or animals or for
two or more such purposes and used exclusively for carrying out thereupon
one or more of such purposes either by the owning corporation or association
or by another such corporation or association.
NUISANCE
Any thing or act that annoys or disturbs unreasonably, hurts
a person's use of his or her property or violates the public health,
safety or welfare.
NURSERY SCHOOL
A premises licensed by New York State and operating under
the applicable provisions of the New York State Education Law and
the Social Services Law for the organized care and supervision of
preschool children. The term "nursery school" includes kindergarten,
day-care center, day school and the like. It shall not, however, be
construed to include informal child care in the home, whether for
compensation or not.
NURSING HOME
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 hours or more consecutive hours to two or more patients who
are not related to the governing authority or its members by marriage,
blood, or adoption. A nursing home is synonymous to an extended-care
or long-term care facility.
OCCUPANT
The person in occupancy, in possession or in control of premises
or using premises.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communication equipment.
OFF-STREET PARKING
A temporary parking area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
OUTDOOR MARKET
An organized market at which participants sell goods. Flea
markets and craft sales are examples of outdoor markets.
OUTDOOR WOODBURNING FURNACE
An accessory structure designed and intended, through the
burning of wood, for the purpose of heating the principal structure
or any other site, building, or structure on the premises.
[Added 3-20-2007 by L.L. No. 6-2007]
OVERLAY ZONE
A zone or district imposed over existing zoning districts
and containing provisions that are applicable in addition to those
otherwise contained in the Zoning Law.
OWNER
Owner of the freehold of the premises or lesser estate therein,
mortgagee or vendee in possession, assignee of rents, receiver, executor,
trustee, lessee or other person, firm or corporation in control of
such building or premises.
PARKING LOT
Land which is open or semienclosed by structures and which
is used to provide off-street parking spaces.
PARKING SPACE, OFF-STREET
A space which is out of the public right-of-way and is available
and adequate for parking one motor vehicle.
PERSONAL SERVICE
Establishments to provide services related to personal care.
A barbershop, beauty salon, masseur, shoe repair or tailor would be
examples of personal service establishments.
PETS
Animals including customary household companions such as
dogs, cats and birds.
PLACES OF WORSHIP
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses, including
church hall, parsonages, rectories.
PLOT PLAN
A map or drawing showing the boundaries of a parcel and all
structures, easements, utilities, and important physical features
on it, drawn to scale with accurate dimensions.
PRINCIPAL BUILDING
A building in which the main or principal use of the lot
on which said building is located is conducted.
PRINTING/PUBLISHING
Industrial printing, large-scale publishing and binding.
A copy shop or a photoreproduction shop is not considered printing/publishing.
PUBLIC UTILITY FACILITY
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, cellular service, and public
transit, to the public.
PUBLIC WATER/PUBLIC SEWER
Sewage disposal and water supply systems owned and maintained
by the Village Board for municipal operation.
RAIL TRANSFER
An intermediate destination for the movement of goods between
railroad cars and/or between railroad cars and trucks.
RECREATION
A.
ACTIVE RECREATIONOutdoor activities for an individual or a group. Active recreation includes such activities as baseball, football, skateboarding, ice skating, hockey, etc.
B.
PASSIVE RECREATIONOutdoor activities for individual relaxation and enjoyment not requiring special playing surfaces or in-place equipment. Passive recreation includes such activities as hiking, cross-country skiing, fishing, picnicking, etc.
RECREATIONAL BUSINESS
A place designed and equipped for the conduct of sports and
leisure-time activities that is operated as a business and open to
the public for a fee.
RECREATIONAL VEHICLE
A vehicle mounted on wheels, movable either on its own or
by being drawn by another vehicle, equipped to be used for living
and sleeping quarters not intended to be placed on a permanent foundation.
This includes motor homes, trailers, campers and vehicles of a similar
nature.
RECYCLING
The process, by which newspapers, magazines, books and other
paper products, glass, metal cans, and other products are collected,
separated, stored, or treated to return such products to a condition
in which they may again be used in new products.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
RESIDENTIAL GARAGE SALE
A.
An organized sale in a residential area at which
participants sell personal goods which may include goods other than
food or produce. Garage sales, porch sales and yard sales are examples
of residential garage sales.
B.
Noncommercial sales of used merchandise such
as rummage sales by churches, schools or other nonprofit organizations
shall be considered residential garage sales for the purpose of this
chapter.
RESTAURANT WITH DRIVE-IN FACILITY
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant, and where ordering and pickup of food
may take place from an automobile.
RESTAURANT WITHOUT DRIVE-IN FACILITY
Premises in which food is prepared and served to seated customers.
There may be a bar facility and/or entertainment, but the primary
business of the establishment is the preparation of meals.
REST HOME
A facility providing assisted-living services to seniors
or others in which no more than 15 persons unrelated to each other
are housed and fed by persons paid for providing such services and
where nursing care and medical services are not normally provided
within the facility.
RETAIL
Sale of goods, wares, or commodities to ultimate customers
for direct consumption and not for resale.
RIGHT-OF-WAY
The property of an easement permanently established for the
passage of persons or vehicles.
ROADSIDE STAND
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public and to be used only in conjunction with an outdoor market.
SAFETY LIGHTING
Any luminaire placed to illuminate steps, entryways and walkways.
SCHOOL (public or private)
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge which
meets state requirements for elementary, secondary, or higher education.
Private schools do not secure the major part of their funding from
any governmental agency.
SCREEN/SCREENED/SCREENING
A properly maintained minimum of a five-foot-high, year-round
visually impervious screen through the use of or any combination of
earthen mounds, trees, rows of trees, hedges, shrubbery, fences, and/or
other means to prevent direct views (of parked vehicles), to avoid
spillover light and glare onto adjacent properties and buffer noise
generated by activities on a lot from other properties in the vicinity
and from the street. Safety and visual access shall be maintained
along any ingress or egress roads.
SETBACK
The distance between the building and any lot line.
SHIELDED LIGHT FIXTURE
A lighting fixture, appliance or device that is equipped
with shields or hoods to confine illumination to within the property
owner's boundaries.
SIDEWALK CAFE
A commercial accessory use by a restaurant or bar/tavern/nightclub
on public sidewalks where food and alcoholic beverages may be served
to seated customers.
SIGN
Any material (including paper, cloth and canvas), structure
or device for visual communication composed of lettered or pictorial
matter, or upon which lettered or pictorial matter is placed, which
is used outside of or on the exterior of any building or which is
contained on the inside of the window or door of that premises and
is clearly intended to be so visible to persons who may pass the premises,
for display of an advertisement, announcement, notice, banner, logo,
flag, directional matter or name, and includes signs, billboards,
signboards, illuminated signs, neon tube, string of lights or ground
signs.
SIGN AREA
The area of the surfaces within which are contained all the
elements of the sign, including the advertising surface and any framing,
trim or molding but excluding structural members used only for support.
SIGN, ARTISAN'S
A sign displayed by a tradesperson at a premises where he/she
is undertaking repairs, improvements or other specified labor.
SIGN, ATTACHED
A sign affixed in some manner to the exterior of a building.
SIGN, FREESTANDING
Any nonmovable sign not affixed to a building and attached
only to the ground and surrounded by open space.
SIGN, GROUND-SUPPORTED
A freestanding sign supported by one or more poles or directly
attached to a ground-level or raised structure where there is no greater
than 12 inches of open area between the bottom of such sign and existing
ground level or raised-base structure level, whichever is appropriate.
SIGN, PERMANENT WINDOW GRAPHIC
A sign, logo or other illustrative diagram or sketch attached
to or painted on a window or displayed from the interior side of a
window for outside viewing.
SIGN, POLE-MOUNTED
A freestanding sign supported by one or more poles where
there is a minimum of 12 inches of open area between the bottom of
such sign and existing ground level or raised-base structure level,
whichever is appropriate.
SIGN, PORTABLE
A device on wheels or a stand that is designed to be easily
moved, the purpose of which is to display a message or announcement.
SIGN, REAL ESTATE OR CONSTRUCTION
A sign advertising land or improvements thereto or describing
a construction activity or firm doing work related to construction
on the premises where the sign is located.
SIGN, SANDWICH BOARD
Any nonilluminated sign or advertising device designed to
be portable and intended for periodic or intermittent use on a public
or private Village sidewalk, walkway or lawn.
SIGN, TEMPORARY
A sign as defined above and governed by §
160-10.3C but which is to be displayed for no more than 30 days in a calendar year. Such permits are renewable, under special circumstances, for an additional 30 days.
SIGN, TEMPORARY COMMERCIAL
A sign for a limited, short-term period which advertises
for commercial purposes a product, sale, service, entertainment and
the like where such are sold or offered upon the premises where the
sign is located or to which it is affixed. A banner is considered
a temporary commercial sign.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in §
135-6 of the Subdivision Regulations to enable the applicant to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of these regulations.
SPECIAL EVENT
An activity or event sponsored by a business or organization
as something above and beyond the normal daily activities of that
business or organization. These events are commonly for a special
promotion of that business or organization (for example, an open house,
sidewalk sale, or community activity).
STORAGE SHED
An enclosed accessory structure used for storage and that
is no larger than 10 feet by 14 feet in size.
STORY
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
STORY, HALF
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the tops of the
floor beams and the structural ceiling level is seven feet six inches
or more.
STREET
One of the following:
A.
An existing Village, county or state highway
or street.
B.
A street shown on an approved subdivision final
plan.
C.
A street shown on a map filed with the County
Clerk (in accordance with § 7-708 of the Village Law) prior
to Planning Board authorization to review subdivisions.
D.
A street shown on the Official Map of the Village.
STREET FURNITURE
The functional elements of the streetscape, including but
not limited to benches, trash receptacles, planters, telephone booths,
kiosks, signposts, streetlights, bollards and removable enclosures.
STREET LINE
The right-of-way line of a street as indicated by dedication
or deed of record.
STREETSCAPE
The visual interface and interaction of the street and sidewalks,
the actual building site and the landscape. It is the built and planted
elements of a street which define its character.
STRUCTURE
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above the same as if no building was present; the term "structure"
shall include the term "building" as well as the following:
C.
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than 6 1/2 feet at the lower ground level.
D.
Radio and television receiving and transmitting
towers and antennas, except for such antennas installed on the roof
of a building and extending not more than 20 feet above the highest
level of the roof of such building.
E.
Porches, outdoor bins and other similar structures.
STUDENT RESIDENCE
A living arrangement comprised of two or more students per
dwelling unit. A student is defined as a person attending or about
to attend a college, or who is on a semester or summer break from
studies at a college or university, or any combination of such persons.
Student residences shall not include fraternities, sororities or community
residential programs. Nothing in this definition shall be construed
to exempt a student residence from the requirements of the New York
State Building Code, specifically Section 404.4, as student residences
must comply with all sections of that code. This definition shall
not be construed in a way in which it would require enforcement of
this Code to impermissibly infringe upon the rights of a family to
reside together as those rights are defined by the New York State
Court of Appeals.
[Added 5-19-2015 by L.L.
No. 4-2015]
SWIMMING POOL, NONCOMMERCIAL
"Outdoor water pools" shall, for the purposes of this chapter,
be construed to mean any swimming pool, tank, depression or excavation
in any material, dike or berms constructed, erected, excavated or
maintained which will cause the retaining of water to a greater depth
than 18 inches and having a surface area of water greater than 100
square feet, except such as shall hereinafter be excluded. The word
"pool" shall be construed to mean an outdoor water pool to be used
for swimming or bathing by any family or persons residing on the premises
and their guests. Such noncommercial swimming pools shall not be operated
for gain and shall be located on a lot only as an accessory use to
the dwelling or dwellings thereon.
TAVERN/NIGHTCLUB
A premises licensed under the laws of New York State for
the sale of alcoholic beverages and their consumption on the premises.
Live entertainment may also be provided on a regular basis. The availability
of food is incidental to the principal activity of selling alcoholic
beverages.
THROUGH LOT
An interior lot having frontage on two approximately parallel
or converging streets, other than a corner lot.
TRUCKLOAD SALES
Retail sales occurring from vehicles designed to carry cargo
and material.
TRUCK TERMINAL
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. Storage facilities, such as warehouses, incidental
to the principal use may also be part of a truck terminal.
USABLE OPEN SPACE
All unenclosed portions of the ground of a lot which are
not devoted to driveways or parking spaces, which are free of structures
of any kind, of which not more than 25% are roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which are available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation.
USE, ACCESSORY
A use customarily incidental and supplemental and clearly
subordinate and secondary to the principal use located on the same
lot.
VARIANCE
A modification of the use and/or bulk regulations of this
chapter in an individual case where, due to specific facts and conditions
relating to a particular property, literal application and strict
enforcement would result in unnecessary hardship or practical difficulty
that would deprive the owner of the reasonable use of the land or
structures.
VARIANCE, AREA
Authorizing the use of land in a manner that is not permitted
by virtue of the dimensional or physical requirements of the Zoning
Code.
VARIANCE, USE
Authorizing the use of land for a use that is not permitted
or that is prohibited by the Zoning Code.
VEHICLE SALE, NEW OR USED
A structure or open area, other than a right-of-way or public
parking area, used for the display, sale, or rental of new or used
vehicles in operable condition and where no repair work is done.
VILLAGE
The Incorporated Village of Cobleskill, Schoharie County,
New York.
VISUAL ARTS STUDIO
The workshop of an artist, sculptor, photographer, or craftsperson
where artwork is produced.
WHOLESALE
Sale of relatively large quantities of goods, wares, commodities
or services to retailers for resale and not for direct consumption.
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
Definitions particular to §
160-6.6, Standards for Wireless Telecommunications Towers and Facilities:
A.
ACCESSORY STRUCTUREThe additional buildings and structures that are incidental or subordinate to the principal building or structure on the same lot. Such structures are customarily used in connection with the principal building or structure and may include base stations designed and used to shelter equipment and/or to support personal wireless services. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage, or broadcast studios.
B.
ACTThe Telecommunications Act of 1996.
C.
AFFILIATEA person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
D.
ANTENNAA system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but are not limited to, radio, television, cellular, paging, personal communications services (PCS), light waves, and microwave telecommunications.
E.
ANTENNA SUPPORT STRUCTUREAny building or structure, other than a tower, that can be used for locating telecommunications facilities.
F.
APPLICANTAny person who applies for a tower development permit.
G.
APPLICATIONThe process and appropriate documentation that an applicant submits in order to receive a permit to develop, construct, build, modify or erect a tower, antenna, antenna support structure, or telecommunications facility. The application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
H.
COLLOCATIONThe use of the same telecommunications tower or structure to carry more than one antenna for the provision of wireless services by two or more persons or entities.
I.
COMPLETED APPLICATIONAn application that contains all information and/or data necessary to enable the appropriate Village board to evaluate the merits of the application and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Village in the context of the permitted land use for the particular location requested.
J.
ENGINEERAny engineer licensed by the State of New York.
K.
FEDERAL COMMUNICATIONS COMMISSION (FCC)The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services, and providers on a national level.
L.
FREESTANDING TOWERA tower that is not supported by guy wires and ground anchors or other means of attached or external support.
M.
HEIGHTWhen referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if the highest point is an antenna.
N.
OWNERAny person with fee title or a long-term (exceeding 10 years) leasehold to any parcel of land within the Village who desires to develop or construct, build, modify, or erect a tower, antenna, antenna support structure, or telecommunications facility upon such parcel of land.
O.
PERSONAny individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
P.
PERSONAL WIRELESS SERVICESCommercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by § 704 of the Telecommunications Act of 1996.
Q.
STEALTHAny tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look like objects other than a tower, such as light poles, power poles, trees, flagpoles, and steeples. The term "stealth" does not necessarily exclude the use of lattice or monopole designs.
R.
TELECOMMUNICATIONSThe transmission and reception of audio, video, data, and other information by wire, radio frequency, light and other electronic or electromagnetic systems.
S.
TELECOMMUNICATIONS FACILITIES or WIRELESS TELECOMMUNICATIONS FACILITIESAny cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications that a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
(1)
Any satellite earth station antenna two meters
in diameter or less which is located in an area zoned industrial or
commercial; or
(2)
Any satellite earth station antenna one meter
or less in diameter, regardless of zoning category.
T.
TOWERA self-supporting lattice or monopole structure constructed from grade that supports telecommunications facilities. The term "tower" shall not include a tower or antenna that is under 50 in height and that is owned and operated solely by a federally licensed amateur radio operator.
YARD, FRONT
An unoccupied ground area, open to the sky, between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. The front yard should
follow the front contour of the house.
YARD LINE
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
YARD, REAR
An unoccupied ground area, open to the sky, between the rear
lot line and a line drawn parallel thereto along the rear of the building,
extending from lot line to lot line.
YARD, REQUIRED
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by this chapter.
YARD, SIDE
An unoccupied ground area, open to the sky, between any lot
line other than a street or rear lot line and a line drawn parallel
thereto along the side of the buildings between and not including
any portion of the front and rear yards.