Definitions. The following words and phrases shall
have the meaning herein indicated for the purpose of this chapter
unless otherwise expressly stated:
ACCESSORY BUILDING OR USE
A building or use incidental and subordinate to the principal
building or use and located on the same lot.
AGRICULTURAL OPERATION
A farm, pasture, orchard, cropfield, greenhouse, nursery,
dairy or similar agricultural use, including the raising, purchasing
and selling of livestock.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts and supporting members and/or in the exit
facilities or an enlargement, whether by extending on a side or by
increasing in height, or by moving from one location or position to
another.
ANIMAL HOSPITAL
A business that treats animals and regularly houses them
on the premises overnight and/or for extended periods for treatment.
APARTMENT HOUSE or APARTMENTS
A multifamily dwelling arranged, intended or designed to
be occupied by three or more families living independently of each
other.
AREA, BUILDING
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces and steps. All dimensions shall be
measured between the exterior faces of walls.
AUTOMOBILE REPAIR SHOP
An establishment used for the repair, servicing or equipping
of automobiles and other vehicles intended for use on the public highways,
and which may include gasoline sales as an accessory use where permitted
by this chapter and expressly authorized by the Planning Board, but
which shall not include the storage, rental, sale or washing of motor
vehicles unless expressly permitted by this chapter. The washing or
cleaning of a vehicle at an automotive repair shop is permitted only
as incidental to the repair work on that vehicle.
[Added 5-8-2003 by L.L. No. 2-2003]
BASEMENT
A building space partly underground, having 1/2 or more of
its clear height above the finished grade at the foundation.
BED-AND-BREAKFAST INN
An establishment with up to 14 rooms providing sleeping accommodations
for transient paying guests lodging with or without meals for periods
not exceeding 14 calendar days. Said guests shall not be provided
with separate entryway(s) into the house, nor shall separate kitchen
facilities be provided for the use of such guests.
[Added 5-13-2004 by L.L. No. 3-2004]
BED-AND-BREAKFAST RESIDENCE
A single-family dwelling occupied by one family and providing
accessory sleeping accommodations for transient paying guests, with
or without provision of meals, for periods not exceeding 14 calendar
days. No more than three sleeping rooms for guests shall be permitted.
[Added 5-13-2004 by L.L. No. 3-2004]
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons or personal
property.
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code,
as adopted by the Town of Crawford.
BUILDING FRONT LINE
The line of that face of the building nearest the front line
of the lot. This face includes covered porches, whether enclosed or
unenclosed, but does not include steps.
BUILDING HEIGHT
The maximum vertical height of a building or structure at
all points measured from natural or finished grade, whichever is lower.
Said natural or finished grade shall be measured at points that are
10 feet from the exterior wall of the structure. Height shall be measured
to the deckline for mansard roofs and to the mean height between the
eaves and ridge for gable, hip and gambrel roofs. Architectural elements
that do not add floor area to a building, such as chimneys, vents,
and towers, are not included in determining height of a building,
but all portions of the roof shall be included in determining height.
[Amended 8-14-2008 by L.L. No. 2-2008]
BUILDING, PRINCIPAL
A structure in which is conducted the main or principal use
of the lot on which said structure is situated.
BUILDING TRADES
Those trades, such as carpentry, electrician, excavation,
masonry, painting, paving, plastering, plumbing, and roofing, that
are primarily concerned with the construction and finishing of buildings
and related site improvements.
[Added 10-21-2010 by L.L. No. 1-2010]
BUSINESS PARK
A business use planned and developed with coordinated site
layout, access, parking design and overall planning for more than
one of the following uses in one or more structures: general retail
store, personal service store, general business office, medical office,
bank with walk-in service only, school of special instruction, and
restaurant.
[Added 5-8-2003 by L.L. No. 2-2003]
CAMP
Any one or more of the following commercial, charitable or
nonprofit uses, other than a hospital, place of detention or school
offering general instruction:
(1)
Any area on which are located two or more cabins,
tents, trailers, shelters, houseboats or other accommodations of design
or character suitable for seasonal or other temporary recreational
purposes, regardless of whether such structures or other accommodations
actually are occupied seasonally or otherwise; or
(2)
Any area, used for any assembly of persons for
what is commonly know as "day-camp" purposes or "sleep-away-camp"
purposes and any of the foregoing establishments whether or not occupied
by adults or children, either as individuals, families or groups.
CELLAR
A building space partly underground and having more than
1/2 of its clear height below the finished grade.
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
DAY-CARE CENTER
A use located in a building other than a residence or a school
where care and/or supervision is provided for seven or more children
for a period of more than three hours in a day. A day-care center
may also be known as a "nursery school" or "child-care center" may
exist as a discrete use or as an accessory use to a permitted church,
business or industrial use. Day-care centers must be licensed by the
New York State Department of Social Services.
[Added 5-8-2003 by L.L. No. 2-2003]
DUMP
Land used for the disposal by abandonment, dumping, burial,
burning or any other means and for whatever purpose of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind, including chemical waste.
DWELLING
A building or structure or part thereof used and occupied
for human habitation or intended to be so used, including any appurtenances
thereto. The term shall not be deemed to include motels, rooming houses,
hotels or tourist homes.
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed
space (other than vestibules, entrances or other hallways, or porches)
in common with any other dwelling unit.
DWELLING, MULTIPLE- OR MULTIFAMILY
A building or group of buildings on one lot, used or designed
as a residence for three or more families living independently of
each other and doing their own cooking therein. The term shall include
apartment houses, apartment hotels, flats and groups of houses. Multiple-
or multifamily dwellings may have some joint services or facilities,
or both, for the families living therein.
DWELLING, ROW OR TOWNHOUSE
A multifamily dwelling in a building consisting of a series
of three or more attached or semiattached noncommunicating one-family
dwellings having a common wall between each adjacent section, the
center line of which forms lot lines.
DWELLING, TWO-FAMILY
A detached building designed for or occupied exclusively
by two families living independently of each other.
FAMILY
One or more persons who live together in one dwelling unit
and maintain a common household. More than five persons, exclusive
of two domestic servants, not related by blood, marriage or adoption
shall not be considered to constitute one family.
FARM
Any parcel of at least five acres and the buildings thereon,
used for the raising of livestock or a parcel of land of at least
three acres, and the buildings thereon, used for the raising of agricultural
products.
FILLING STATION
An establishment used for the retail sale of gasoline, other
fuel, oil or other fluids for motor vehicles intended for use on the
public highways, and which may include facilities used for the repair
or service of such motor vehicles, but which shall not include the
washing of motor vehicles.
[Amended 5-8-2003 by L.L. No. 2-2003]
FLEA MARKET
A marketplace for casual retail sales and barter by independent
vendors.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FLOOR AREA, HABITABLE
The total floor area of a dwelling, excluding areas less
than five feet in height, cellars, garages, patios, porches and, in
multiple dwellings, common areas.
FOURPLEX
A multifamily structure with four separate dwelling units.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein other than storage for two cars.
GAS STATION
An establishment used for the retail sale of gasoline or
other fuel for vehicles intended for use on the public highways, and
which may include a convenience retail store containing less than
1,000 square feet of customer floor area, but which shall not include
the service, repair or washing of motor vehicles.
[Added 5-8-2003 by L.L. No. 2-2003]
GENERAL BUSINESS OFFICE
A facility for transacting business, including offices for
all professions but specifically excluding all offices used in connection
with delivery of medical, dental, chiropractic or related services
as defined in this chapter.
[Added 5-13-2004 by L.L. No. 3-2004]
GENERAL RETAIL USE
A facility for retail sales of sundries and small items,
including but not limited to jewelry, articles of clothing, books,
stationery, consumer electronics, groceries and similar such small
items. Retail use shall not be construed in any manner to include
sales of automobiles, campers, trailers, boats, heavy machinery, or
wholesale or bulk sales of materials (such as lumber or landscaping
products), nor shall it be construed to include any other land uses
or land use categories that are specifically listed or regulated elsewhere
in this chapter.
[Added 5-8-2003 by L.L. No. 2-2003]
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by the Town of Crawford. (See "street grade.")
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
GROSS FLOOR AREA
The sum of the total horizontal areas of all enclosed floors
of a building, including cellars, basements, mezzanines, penthouses,
corridors, and lobbies, measured from the face of interior walls,
but excluding any space with a floor-to-ceiling height of less than
six feet six inches.
[Added 8-14-2008 by L.L. No. 2-2008]
HAZARDOUS WASTE
The residue of any element, compound or combination thereof
which is flammable, corrosive, detonable, toxic, radioactive, an oxidizer,
an etiolating agent or highly reactive and which, because of handling,
storage, processing or packaging, may have detrimental effects upon
operating and emergency personnel, the public, equipment, property
and/or the environment.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling
by the residents thereof, as an accessory use of the dwelling for
living purposes, that does not change the character of the structure
as a residence. "Home occupation" includes but is not limited to art
studios; real estate sales offices; sales of antiques; insurance sales
offices; dressmaking; offices of clergymen or other religious officials;
professional offices; teaching of music, dance or other subjects to
four or fewer students at a time; or barber- or beauty shops.
HORSE FARM
An agricultural operation principally devoted to the breeding,
boarding and/or training of horses.
HOSPITAL
Includes the following: a sanatorium, preventorium, clinic
and any other place for the diagnosis, treatment or other care of
human ailments.
HOTEL (AND MOTEL)
One or more buildings offering transient lodging accommodations
on a fee or hire basis to the general public and which may provide
related facilities, such as areas for group assembly, conference center,
banquet facility, a central kitchen only and a central dining room
within the building or in an accessory building. A hotel or motel
shall not constitute an individual's or family's residence and shall
not be used as or construed to be a multiple dwelling. A guest may
stay at a hotel or motel for no more than 30 consecutive days and
for no more than a total of 30 days within a five-week period.
[Added 5-8-2003 by L.L.
No. 2-2003; amended 3-21-2015 by L.L. No. 2-2015]
INDUSTRIAL PARK
A business use planned and developed with coordinated site
layout, access, parking design and overall planning for more than
one of the following uses in one or more structures: retail store,
personal service store, medical office, general business office, bank,
school of special instruction, hotel/motel (which may include conference/banquet
facility), and restaurant.
[Added 5-8-2003 by L.L. No. 2-2003]
INDUSTRY
An establishment engaged in the production or manufacture
of goods or engaged in pure or applied research.
JUNKYARD
Land used for recycling or salvaging for resale any scrap
or discarded material, except hazardous or toxic wastes, including
but not limited to such materials as wastepaper, newspapers, glass,
rags, scrap metals or parts or components from more than two motor
vehicles not in running condition.
KENNEL
Any building, open area or other premises, other than a residence
occupied by humans, in which the maintenance or housing of more than
three dogs that are six months of age or older takes place, whether
for commercial or noncommercial purposes; and/or any residence occupied
by humans in which the maintenance or housing of more than four dogs
that are six months of age or older takes place, whether for commercial
or noncommercial purposes.
[Amended 5-13-2004 by L.L. No. 3-2004]
LIGHT INDUSTRY
A business premises engaged in the fabrication of finished
products or parts, predominantly from previously prepared materials,
including processing, assembly, treatment, packaging, and incidental
storage, sales, and distribution of such products, but excluding manufacturing,
recycling, refuse and scrap metal facilities, waste-to-energy facilities
and asphalt plants.
[Added 8-14-2008 by L.L. No. 2-2008]
LIVESTOCK
Domesticated animals raised as part of or in connection with
an agricultural operation, including but not limited to horses, cows,
pigs, poultry, sheep and goats.
LOT COVERAGE
That percentage of the lot area covered by the building area.
LOT LINE, FRONT
That boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way. Within a residential district, a corner lot or lot abutting two
or more public
LOT LINE, REAR
That boundary of a lot which is most distant from and most
nearly parallel to the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front or rear lot line.
LOT WIDTH
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the minimum front yard
setback line.
[Amended 8-14-1986 by L.L. No. 4-1986]
LOT, BUILDING
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
this chapter to be adequate as a condition of the issuance of a building
permit for a building on such land.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
public streets.
MANUFACTURING
A business premises engaged in the mechanical or chemical
transformation of materials or substances into new products, including
the assembling of component parts, the creation of products, and the
blending of materials, such as oils, plastics, resins, or liquors
manufacturing, but excluding recycling, refuse and scrap metal facilities,
waste-to-energy facilities and asphalt plants.
[Added 8-14-2008 by L.L. No. 2-2008]
MEDICAL OFFICE
A facility for consultation and treatment with medical professionals,
including diagnostic and treatment clinics and offices of physicians,
dentists, opticians, physical therapists, and chiropractors.
[Added 5-13-2004 by L.L. No. 3-2004]
MINING
The mining, excavation, extraction or other removal of resources
from the earth, including but not limited to rock, topsoil, minerals,
peat, oil and gas, but excluding water. For purposes of this Zoning
Code, a mining use shall include the mining site itself, accessways
to the mining site from public streets and the use of Town roads by
mineral transport vehicles.
[Added 10-17-2013 by L.L. No. 4-2013]
MOBILE HOME
A single-family dwelling designed to be movable after fabrication
and originally equipped with or having a vehicular chassis and provided
with plumbing, heating, electrical and cooking systems which are intended
to be connected to outside utilities.
MOBILE HOME PARK OR COURT
A tract of land which is used or held out for the purpose
of supplying to the public a parking space for two or more mobile
homes.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for more than five two- to five-year-old children, other than children
of the resident family, and operated on a regular basis.
NURSING OR CONVALESCENT HOME
Any building, other than a hospital, where persons are housed
or lodged and furnished with meals and nursing care for charity or
a consideration.
OUTBUILDING
An accessory structure, including but not limited to a pole
barn, constructed with a permanent foundation and not intended for
relocation. An outbuilding may be used for a variety of purposes,
such as automobile garage and storage of lawn and garden tools and
equipment, but an outbuilding shall not include a dwelling or any
building that may shelter animals.
[Added 5-8-2003 by L.L. No. 2-2003]
PROPERTY MAINTENANCE TRADES
Those trades, such as landscaper, lawn care, and snowplowing
that are primarily concerned with the maintenance of lawns and off-street
parking and loading areas.
[Added 10-21-2010 by L.L. No. 1-2010]
REAR DWELLING
A dwelling located on the same lot as and to the rear of
the principal building for which the lot is used. In all districts,
except the RM, a rear dwelling shall mean a detached second dwelling
located on the same lot as and to the rear of the principal dwelling
for which the lot is used.
[Amended 5-13-2004 by L.L. No. 3-2004]
RESTAURANT
Any establishment, however designated, containing facilities
for the culinary preparation and sale of food and/or beverages and
for the seating of patrons on the premises.
RIDING ACADEMY
Any establishment where horses are kept, for a consideration,
for riding, driving, stabling or showing or are kept incidental to
the operation of any club, association, ranch or similar establishment.
ROADSIDE STAND, SEASONAL
A structure on a residential or farm premises for the purpose
of selling farm products on a seasonal basis.
SCENIC CORRIDOR
A district designated by the New York State Department of
Environmental Conservation pursuant to Article 49 of the Environmental
Conservation Law and/or the Town Board by amendment of the Zoning
Map to provide for additional regulations above and beyond those applicable
in the underlying district.
[Added 5-8-1997 by L.L. No. 4-1997]
SCHOOL OF SPECIAL INSTRUCTION
A school conducting a regularly schedule curriculum of special
study of a trade, commercial or vocational nature with all instruction
and curriculum occurring entirely within an enclosed structure.
[Added 5-8-2003 by L.L. No. 2-2003]
SCHOOL, PRIVATE
A facility offering full-time or full- and part-time courses
of study expected to lead to a degree or other certification comparable
to that of a public school, for grades K-12 or post-secondary study.
[Added 5-13-2004 by L.L. No. 3-2004]
SELF-SERVICE STORAGE FACILITY
A building or group of buildings containing separate, individually
leasable or rentable storage spaces of varying sizes.
[Added 5-8-2003 by L.L. No. 2-2003]
SETBACK LINE, MINIMUM BUILDING
A line parallel to the street center line, or lines for a
corner lot, removed therefrom by the depth of the required front yard,
extending from side lot line to another side lot line or rear lot
line.
SEWAGE
Any substance, solid or liquid, which contains any of the
waste products, excrement or other wastes or washings from the bodies
of human beings or animals.
SHED
A unit designed and intended for the storage of household
items, garden equipment and the like. The floor area of a shed shall
not exceed 200 square feet. The shed may be made of plastic, wood,
or a combination of materials, and shall be capable of delivery to
a site for installation. Regardless of its size and exterior finish,
a shed shall not be mounted on a permanent foundation and shall be
capable of being moved or relocated without equipment.
[Added 5-8-2003 by L.L. No. 2-2003;
amended 10-21-2010 by L.L. No. 1-2010]
SHOP FOR CUSTOM WORK
A business premises used for fabrication of items, including
but not limited to clothing, jewelry, furniture and other items made
to individual order on the premises and not including the mass manufacture
of standardized products.
[Added 5-8-2003 by L.L. No. 2-2003;
amended 8-14-2008 by L.L. No. 2-2008; 10-18-2008 by L.L. No. 4-2008]
SHOPPING CENTER
An area with a group of retail stores and personal service
enterprises occupying adjoining structures and providing a common
area or areas for off-street parking.
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
SIGN AREA
Includes all faces of a sign measured as follows:
(1)
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
(2)
When such sign consists only of letters, designs
or figures, engraved, painted or projected or in any manner affixed
on a wall, the total area of such sign shall be deemed the area within
which all of the matter of which such sign consists may be inscribed.
SOCIAL ORGANIZATION
A membership club or other organization not conducted for
profit which caters to its members and their guests or which is organized
to promote general civic matters.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade so
as to permit the use of a solar energy system to service a building
or property.
[Added 9-15-2016 by L.L.
No. 7-2016]
STABLE, PUBLIC
Any building or structure in which horses and cattle are
kept for boarding, remuneration, hire or sale.
STORAGE TANK
Any vessel which is installed as a fixture and used for the
storage of any element, compound or combination thereof, or residue
thereof, which is flammable, corrosive, detonable, toxic, radioactive,
an oxidizer, an etiolating agent or highly reactive. A storage tank
shall not include:
(1)
A tank used for the storage, either above the
ground or in a basement or cellar area only, of home or business heating
or cooking fuels, provided that the tank is located on the premises
of a one- or two-family dwelling or a business and that the fuels
are used solely for heating or cooking in the one- or two-family dwelling
or the business; or
(2)
A tank used for the storage (aboveground only)
of motor fuels, provided that the tank is located on the premises
of an agricultural operation and that the fuels are used solely in
connection with the agricultural operation.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STREET
Any federal, state, county, Town or village road or any road
shown upon a subdivision plot filed in the County Clerk's office.
STREET GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
STREET RIGHT-OF-WAY LINE
Those lines which represent the width of a dedicated right-of-way
upon which a road has been constructed.
STRUCTURE
Anything constructed or erected on or under the ground or
upon or attached to another structure or building.
STRUCTURE, NONCONFORMING
A structure or building lawfully existing at the effective
date of this chapter, any prior zoning law or ordinance or any amendments
thereto affecting such structure which does not conform to the Table
of Dimensional Regulations of this chapter for the district in which
it is situated, irrespective of the use to which such structure is
put.
SUMMER COTTAGE
A dwelling for no more than two families used for temporary,
seasonal housing. Cottages in a bungalow colony are considered summer
cottages.
SWIMMING POOL
Any structure for holding water intended to be used for swimming
or bathing, causing a retention of water to a depth of two feet or
more and having a surface area of greater than 100 square feet.
TOWN
The Town of Crawford, Orange County, New York.
TRAILER, TRAVEL
A movable recreational vehicle with self-contained plumbing,
heating, electrical and/or cooking systems.
USE
The purpose for which lands, buildings or structures are
maintained or occupied.
USE, CHANGE OF
A change in the principal use of any given premises, whether
it is from one permitted use to another permitted use, from a permitted
use to a special permit use or otherwise.
USE, NONCONFORMING
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter or any prior
zoning law or ordinance or any amendments thereto affecting such use
which does not conform to the Table of Use Regulations of this chapter
for the district in which it is situated.
USE, PERMITTED
The specific purpose, as defined by this chapter, for which
land, buildings or structures may be used, occupied or maintained.
USE, SPECIAL PERMIT
A specific use, as defined by this chapter, which may be
authorized by the Planning Board.
USED CAR SALES
The sale of used vehicles, whether or not in conjunction
with the sale of new vehicles, but excluding the sale of salvaged
vehicles, vehicles with a salvage title and vehicles not in running
condition when delivered to the site of the used car sales. The foregoing
exclusion shall not apply to the sale of used cars when such sales
are incidental and subordinate to an automobile repair shop.
[Added 7-18-2019 by L.L. No. 2-2019]
WAREHOUSE
Any structure whose principal use is for the storage of commercial
goods or merchandise.
WATER SUPPLY SYSTEM
Any system providing or storing water for general consumption,
animal consumption or industrial purposes.
WETLANDS, DESIGNATED
All freshwater wetlands as identified and/or mapped by the
New York State Department of Environmental Conservation pursuant to
Article 24 of the Environmental Conservation Law, as amended from
time to time.
YARD, FRONT
The ground area between the center line of the fronting street,
the front of the nearest principal building and the side lot lines.
YARD, REAR
The ground area between the rear lot line, the rear of the
nearest principal building and the side lot lines.
YARD, SIDE
The ground area between any property line other than a street
or rear lot line and the nearest building wall and between the front
and rear yards.
ZONING LAW
The Zoning Law of the Town of Crawford, including all amendments.