Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
Unless otherwise listed below, the numbers, abbreviations, terms and words used herein shall have the meanings of common usage as set forth in the latest edition of Merriam-Webster's Collegiate Dictionary. Terms of law shall have the meanings as set forth in the latest edition of Black's Law Dictionary.
B. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this law; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this law" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C. 
The word "person," as used in this law, shall be defined to include, but not be limited to, an individual, a partnership, a joint venture, a corporation, an unincorporated association, a firm or any other form or entity, contractors, subcontractors, or journeymen.
D. 
The word "lot" includes the word "plot."
E. 
The term "occupied" or "used," as applied to any land or building, shall be construed to include the words "intended," "arranged," or "designed to be occupied or used."
F. 
"Shall" is always mandatory.
As used in this law, the following terms shall have the meanings indicated:
ACCESS
Entranceway for vehicles to leave or enter a property or lot from a public highway or private road.
ACCESSORY USE, BUILDING OR STRUCTURE
A building, structure or use clearly incidental or subordinate to the principal building, structure or use and located on the same lot with such principal building, structure or use.
[Amended 5-11-2010 by L.L. No. 7-2010]
ADULT CARE FACILITY
A family-type home for adults, a shelter for adults, a residence for adults or an adult home, which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the Public Health Law or Articles 19, 23, 29 and 31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently [18 NYCRR 485.29(a)].
[Added 12-22-2014 by L.L. No. 8-2014]
ADULT HOME, SKILLED NURSING FACILITY OR NURSING HOME
An adult-care facility established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care and supervision to five or more adults unrelated to the operator [18 NYCRR 485.29(b)]. A facility which is overseen and regulated by the Centers for Medicare and Medicaid Services (CMS) which is a federal agency that operates within the United States Department of Health and Human Services. The New York State Department of Health works in cooperation with CMS to oversee nursing home administration licensed by the state. The nursing home shall by law have administrators that are licensed by the Department of Health through the Board of Examiners of Nursing Home Administrators. The nursing home shall be staffed by registered nurses, board-certified physicians, social workers, dieticians and volunteers that coordinate various services for the residents.
[Added 12-22-2014 by L.L. No. 8-2014]
AGRICULTURAL INDUSTRY
The raising, breeding, or maintenance of livestock or poultry primarily in structures and with animal population densities exceeding one pound per 10 square feet of lot area in such use. Notwithstanding the density indicated, any "cage type" poultry operation or processing of animal products raised on the premises exceeding 1,000 carcasses annually for fowl, and 100 carcasses annually of livestock shall be deemed an agricultural industry. Processing of animals is deemed to be a slaughterhouse.
AGRICULTURAL OPERATION, CLASS I
The cultivation of soil for food products or other useful or valuable products in the field or garden. Class I Operations shall not be deemed to include the raising of commercial livestock.
AGRICULTURAL OPERATION, CLASS II
The raising and breeding of livestock or poultry, or raising of cattle for milk production, except those operations specifically identified as agricultural industry.
ALTERATION
A change or rearrangement in the structural parts of a building or an enlargement, whether by extending to a side or by increasing the height or moving from one location or position to another.
[Amended 5-11-2010 by L.L. No. 7-2010]
ANIMAL UNIT
One thousand pounds of animal weight.
APPLICANT
The person(s) corporation, agency, or other legal entity responsible for submitting applications for review by the Planning Board, Zoning Board of Appeals, Town Board, and CEO.
ARCHITECTURAL FEATURES
The exterior architectural characteristics of a building or structure, including building form, facade design and roof design, color, texture, material, inclusion or exclusion of architectural elements and the shape of the building footprint.
[Added 12-22-2009 by L.L. No. 4-2009]
AUDITORIUM
Any premises used for spectator presentations, such as concerts, theatrical performances, lectures, and similar cultural events, containing seats permanently affixed to the floor.
BASEMENT
That space of a building that is partly below grade 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 that may include a morning meal to not more than 15 transient lodgers, containing at least three but not more than five bedrooms for such lodgers.
BILLBOARD
See "sign, billboard."
BLOCK
The length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of the block for purposes of this law.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, or materials of any kind. See also definition of "structure."
BUILDING COVERAGE
The percentage of the area of the lot covered by a building and/or accessory buildings measured on a horizontal plane at mean grade level and excludes uncovered porches, terraces, and steps.
BUILDING ELEVATION
A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors and relationship of grade to floor level.
[Added 12-22-2009 by L.L. No. 4-2009]
BUILDING FACE OR FACADE
The outer surface of a building which is visible from any private or public street or highway.
BUILDING, HEIGHT
The vertical distance measured from the average elevation of the finished lot grade of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roofs.
BUILDING, PRINCIPAL
A building or buildings where the principal permitted use is conducted.
BUNGALOW, COLONY
A group of structures on a single premises which may include a rental office, swimming pool, handball court, casino or other recreational facilities, together with three or more bungalow units not more than one of which is used for the purpose of all year-round residence. Two or more manufactured home units on a single premises shall not be deemed a bungalow colony.
BUNGALOW, ONE-UNIT
A one-story dwelling structure having a minimum floor area of 600 square feet intended for seasonal rental occupancy and intended for use on a single premises in groups of three or more.
CABIN
A residential structure with no more than 600 square feet of floor area on the main floor and being a maximum of 25 feet in height to the peak of the roof from the ground floor and intended to be occupied as a dwelling for no more than 30 consecutive days within any calendar year for recreation and/or leisure use; and not to be used for commercial purposes.
CAMP, DAY
A site with a group of structures that may include a cafeteria, and recreational facilities in order to provide for the daytime supervision of children during the summer season. Day camps do not provide overnight accommodations.
CAMPGROUND
A tract of land that may include cabins for rent along with two or more sites (for rent or sale) for the temporary parking of recreational vehicles or the erection of tents or other portable sleeping accommodations.
CAMP OR CONFERENCE CENTER
A site and group of structures facilitating the gathering of children, youth, adults or families for educational or recreational purposes; including day/overnight camps and sites employed for short-term events that may include seasonal overnight accommodations in permanent or semipermanent structures.
CAMP, SLEEP-AWAY
A site with a group of structures that may include a cafeteria, and recreational facilities in order to provide for the supervision of children along with overnight accommodations within bunk houses or cabins during the summer season.
[Amended 5-11-2010 by L.L. No. 7-2010]
CAR WASH
A building, portion of a building, and/or area arranged, intended or designed to be used for the washing, spraying, waxing, polishing or drying of motor vehicles, and/or the vacuum or dry-cleaning of same, on a commercial basis.
CELLAR
That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CEMETERY
A place used for burials, whether in the ground or in mausoleums. This includes both human and pet cemeteries.
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to two street or road property lines or as otherwise defined by the Town Board.
CENTRAL SEWER
A public or private sewer system for more than 10 dwelling units.
[Amended 12-22-2014 by L.L. No. 8-2014]
CENTRAL WATER
A central water system that is owned and operated by a water transportation corporation; homeowners' association, or private water company.
CHANGE IN USE
Any change as to kind or size within the zones affected, including all cases where a changed use requires any change in parking standards.
[Added 12-22-2009 by L.L. No. 4-2009]
CHILDREN'S COMPREHENSIVE CARE CENTER
An establishment engaged in providing services for human health maintenance or other temporary or permanent care, primarily to children, including a nursing home or skilled nursing facility, and medical clinics and offices. A facility licensed or eligible to be licensed as a skilled nursing facility (SNF) by the New York State Department of Health, which provides general long-term nursing care to those who are chronically ill or unable to handle their own necessary daily living needs, and as an integral part of the institution, may have a component of the structure licensed as a non-public school by the New York State Department of Education, for the residents of the facility.
[Added 12-22-2014 by L.L. No. 8-2014]
CLEAR-CUTTING
A method of tree removal where all or substantially all trees two inches and over on a site are removed.
CLUBHOUSE or LODGE
A building, structure, lot or land area used as a private club or social organization with annual membership dues, 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.
CLUSTER DEVELOPMENT
Grouping of buildings (whether on individual lots or in condominium ownership) in proximities closer than permitted by the existing zoning and subdivision regulations, provided there is no increase in the number of lots permitted under a conventional subdivision in order to preserve open space and to minimize infrastructure improvements. (Also known as "conservation subdivision.")
COMMERCIAL RECREATION
A parcel of land which may include facilities for recreation purposes, utilized by the public for a fee. Activities include, but are not limited to: bowling alleys, ski slopes, tennis courts, golf courses, swimming pools, movie houses, drive-in theaters, health clubs, reducing salons, tanning parlors, and cooperative hunting preserves requiring a fee to hunt.
CONDOMINIUM
A mode of ownership wherein each unit of enclosed space may be owned in fee simple individually and separately from all others, but where all such owners have an indivisible interest in the common areas. Thus, they share ownership and attendant responsibilities for the provision, maintenance and/or repair of common internal facilities, utilities, services, exterior building surfaces, land, landscaping, parking, lighting and other outdoor facilities.
CONFERENCE CENTER
A building or buildings designed for classes, conferences, seminars, meetings, and similar activities and related accessory uses principally for conference center patrons, such as restaurants, drinking facilities, and recreation facilities. A conference center with overnight accommodations shall be deemed to be a resort.
COURT
An unoccupied open space other than a yard. An outer court is one that extends to the street or to the front or rear yard. An inner court is any other court.
CUSTOMARY ACCESSORY USES
Garden house, playhouse, tool house, greenhouse, swimming pool, satellite dish antennas and private garage; the keeping of domestic animals as pets; the raising of field and garden crops, vineyards, and orchard farming, provided such crops or produce are for the sole and exclusive use of the occupant or owner of the premises, and not for resale.
DAY-CARE CENTER
Facilities, both residential and nonresidential, that provide supervision and daytime care or instruction for more than five children from infancy to five years of age, inclusive, and operated on a regular basis.
DAY-CARE HOME
Private residences where five or fewer children receive care and supervision for periods of less than 24 hours per day.
DECK
An unroofed platform, either freestanding or attached to a building that is supported by pillars or posts.
DETENTION BASIN
Are usually dry basins that fill with water during a storm event. They work by delaying the stormwater so that it is released at a rate that mimics the predevelopment flow.
DISTURBED AREA
For purposes of this law, "disturbed area" shall mean any area that is proposed to be graded, filled, or cleared, other than associated with minor landscaping activities of less than 1/2 acre in size.
DOMESTIC ANIMAL
Any animal considered domestic, excluding exotics such as the large cats, dangerous or poisonous animals.
DOMESTIC FARM ANIMALS
Any of various animals including livestock and/or poultry domesticated so as to live and breed in a tame condition, excluding exotics such as large cats and dangerous or poisonous animals.
DORMITORY OR FRATERNITY AND SORORITY HOUSE
A building or part of a building, in which are rooms used as sleeping quarters for administrative staff, faculty or students along with communal or individual bathroom, dining, cooking, laundry, lounge and recreation facilities, as required. Dormitory rooms shall not contain separate cooking, dining, or housekeeping facilities, except that one dwelling unit with complete housekeeping facilities may be provided for use of a superintendent or supervising staff for every 50 dormitory rooms, or major part thereof. No more than one communal dining room shall be provided in any building or structure used for dormitory purposes. Single-family, two-family and/or other multiple residential facilities other than that described above are not to be considered as dormitories.
DUPLEX BUILDING
A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from the basement or slab to the roof.
[Added 4-27-2010 by L.L. No. 5-2010]
DUPLEX DEVELOPMENT
Three or more duplex structures (two dwelling units per structure) proposed under a common plan, project or scheme, regardless of ownership, to include two-family homes. See also definition of "dwelling, two-family."
[Added 2-25-2013 by L.L. No. 1-2013]
DUSTLESS SURFACE
Shall mean adequately covered with screenings, stone, gravel, concrete or bituminous products, or adequately treated with oil or similar dust-inhibiting substances, and maintained in a good dustless condition at all times.
DWELLING, FARM
A single-family dwelling that serves as a principal residence on a farm.
DWELLING, MULTIFAMILY
A group of dwellings in one building or on one plot containing separate living units for three or more families, but which may have joint services or facilities or both.
[Amended 12-22-2014 by L.L. No. 8-2014]
DWELLING, ONE-FAMILY
A detached building designed or occupied exclusively by one family and erected on a permanent foundation, with/without basement, and equipped for year-round occupancy.
DWELLING, ROW OR TOWNHOUSE
A one-family dwelling in a row of at least three such units in which each has its own front and rear access to the outside, is set on its own lot, is separated from adjoining units by one or more vertical common firewall, and in which no unit is located over another.
DWELLING, TWO-FAMILY
A structure containing two dwelling units. See also definition of "duplex development."
[Amended 2-25-2013 by L.L. No. 1-2013]
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies of underground, surface or overhead electrical, or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, television cables, telephone lines, hydrants, and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare.
FAMILY
One or more persons living together as a single housekeeping unit and maintaining a common household.
FAMILY AND GROUP CARE FACILITY
A use providing room and board, recreational, counseling, or other rehabilitative service or facilities to individuals who by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems require specialized attention and care in order to achieve personal independence. Individuals participating in a work release, or similar program from a state institution, or under the supervision of a court, state or local agency shall be included within this definition. Such uses include halfway houses, boarding homes for three or more foster children, group homes, and shelters.
FARM PRODUCE STAND
A building, whether fully or partially enclosed, or structure on wheels that is intended for the display and sale of locally raised agricultural produce and products.
FLOOR AREA
The sum of the gross horizontal areas 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, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
FLOOR AREA, LIVABLE
All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 8% of the square foot area of the room. "Livable floor area" shall include all spaces not otherwise excluded above, such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet, six inches from finished floor level to ceiling level over 50% of the area of such attic space.
FORESTRY, COMMERCIAL
The cutting or removal, or both, of timber or other forest products for commercial purposes together with all the work incidental thereto, such as road building, firebreak construction and fire hazard abatements, whether or not such operations are preparatory to the development of land for other uses, except that clearing of land for agricultural use shall not be deemed to be commercial forestry provided such clearing shall be conducted under the supervision of the Natural Resources Conservation Service and appropriate measures instituted to preclude erosion of soils, and shall be conducted on areas with an average land slope not exceeding 8%.
FRATERNAL OR NONPROFIT ORGANIZATIONS
Clubs or social organizations not conducted for profit, not adjunct to or operated by or in connection with a public tavern, cafe or other public place and not engaged in therapeutic activities either with or without professional advice.
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; nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, REPAIR
Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.
GASOLINE/SERVICE STATION
A building or other structure or a tract of land used or heretofore used for the servicing of motor vehicles. It shall signify a retail place of business engaged in the sale of motor fuels, and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, to include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of routine automotive maintenance and repairs. Sale of other retail products from the premises shall not be deemed to affect the use of the facility as a gasoline service facility.
GRADING
Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.
GREENHOUSE
An enclosed structure of a permanent or temporary nature within which is conducted a commercial agricultural operation, generally the propagation of one or more horticultural species from seeds or cuttings to a stage fit for transplanting elsewhere or sale, including retail as well as wholesale operations.
GUEST UNIT
A guest unit is a lodging unit, motel unit, hotel unit, or similar tourist accommodation unit which is attached to a similar unit by a party wall, designed and maintained for transient occupancy only. Dwelling units restricted to time-shared use shall also be included. The Planning Board shall have the authority to impose conditions to ensure that guest units maintain their transient nature, including conditions on the design of the guest units (e.g., limitations on use of kitchens and kitchenettes, washers and dryers, limitations on the duration of visitor stays, maintenance of visitor guest books, the filing of covenants and restrictions, and similar conditions).
HAZARDOUS MATERIAL
Any material defined by the United States Environmental Protection Agency (EPA) as hazardous or toxic due to its characteristics, including but not limited to direct or indirect toxicity, radioactivity, explosivity, and flammability, or other characteristics as the EPA or its successors may revise from time to time.
HOME OCCUPATION
A profession or vocation, full-time or part-time, conducted entirely within a dwelling by the inhabitants thereof, or within a building or other structure accessory to the dwelling, which use is secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
HOME PROFESSIONAL OFFICE
A home occupation consisting of the office of a practitioner of a recognized profession including but not limited to an attorney, dentist, doctor, engineer, or planner.
HOSPITAL OR MEDICAL DIAGNOSTIC CENTER
An establishment primarily engaged in providing health services and medical or surgical care of sick or injured, including diagnostic centers and medical clinics and including as an integral part of the institution such related facilities and staff offices.
[Added 12-22-2014 by L.L. No. 8-2014]
HOTEL
A facility offering transient lodging accommodations to the general public based upon a daily service fee and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal service services, and recreational facilities.
HOTEL, EXTENDED STAY
A facility with rooms of at least 425 square feet with refrigerators, cooktops, microwave ovens, dishes, utensils, along with washers and dryers on premises that accommodate transients staying five or more days but not exceeding 14 days.
HOTEL, RESORT
One or more buildings in which there are rental rooms for vacation and recreational purposes, with common dining rooms, and facilities such as indoor and outdoor recreation, supporting retail shops and services, staff housing, and maintenance facilities.
HOUSEHOLD PET
Any animal traditionally considered a household pet including dogs, cats, tropical birds, and fish, but excluding exotics including large cats, and dangerous or poisonous animals.
HOUSE OF WORSHIP
Church, synagogue, parish house, convent, seminary, and retreat house.
IMPERVIOUS SURFACE
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, patios, etc.). Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site.
[Added 12-22-2014 by L.L. No. 8-2014]
INSTITUTIONAL USE
Public and private educational institutions and also organizations which promote a cause.
JUNKYARD
Any area of land including buildings thereon which is used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or recyclable material; or for the collecting, compacting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. More than two motor vehicles stored outside without current license plates and inspection sticker for a period of 30 days shall constitute a junkyard.
KENNEL
A commercial place or establishment for the care and/or breeding of four or more dogs.
LIGHT INDUSTRIAL PARK
A highly restricted type of planned industrial development in which special emphasis and attention are given to aesthetics and community compatibility and the property is developed according to a comprehensive plan which includes provisions for streets and all utilities as well as serviced sites for a community of industrial and industry-oriented uses.
LIGHT INDUSTRY
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
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, if any, or by a group of buildings, if any, together with the required open spaces, appurtenant to such building or group of buildings.
LOT AREA
The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of the area.
LOT CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT COVERAGE
The proportion of a lot area that is covered by impervious surface including buildings and off-street parking areas.
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 front lot line not less than 10 feet long lying farthest from the front lot line.
LOT OF RECORD
Any lot which has been established as such by plat, survey, record, or deed prior to the date of enactment of this chapter as shown on the records in the Sullivan County Clerk's Office.
LOT, THROUGH
A lot having street frontage both in front and to the rear.
LOT WIDTH
The average distance between side lot lines from the front yard or building line and measured at right angles to the side lot lines or along a line parallel to the street, to a line set back the required rear yard distance from the rear lot line.
MANUFACTURED HOME
A structure, transportable in one of more sections, which is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. Manufactured homes are built to the U.S. Department of Housing and Urban Development standards.
MANUFACTURED HOME DEVELOPMENT
A use of land designed for installation and support of two or more manufactured homes on a tract of unsubdivided land, whether or not sites are to be rented or leased, with privately owned and maintained drives for access to individual manufactured home sites, whether or not such homes or sites are individually assessed.
MANUFACTURING
Any process whereby the nature, size, or shape of articles of raw materials is changed, or where articles are assembled or packaged in quantity.
MANUFACTURING, LIGHT
Any process whereby the nature, size, or shape of articles or raw materials is changed, or where articles are assembled such that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds per unit.
MEDICAL AND DENTAL CLINICS
Any facility in which two or more physicians and/or dentists practice cooperatively for the diagnosis and treatment of patients.
MODULAR HOME
Factory-manufactured housing, subject to the requirements and regulations of the New York State Uniform Fire Prevention and Building Code, in which prefabricated components assembled at the plant are sent to a housing site in two or more pieces, depending on the size and style of said housing, to be joined together to form a house on a permanent foundation.
MOTEL
Any establishment consisting of a building or group of buildings providing living and/or sleeping accommodations with individual bathrooms, and designed for use by transient automobile travelers, and provided with accessory off-street parking areas. The term "motel" includes building designated as tourist courts, overnight cabins, and other similar appellations, but shall not be construed to include manufactured homes or immobile trailers.
MUNICPAL SEWER
Any sewer system in the Town of Fallsburg consolidated sewer district.
[Added 12-22-2014 by L.L. No. 8-2014]
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 yards; maximum height; lot coverage; minimum habitable area per dwelling unit; off-street parking or loading; or landscaping, screening, fencing, or other requirements.
NONCONFORMING USE
A use, whether of a building or tract of land, or both, which lawfully existed or had vested rights prior to the enactment of zoning regulations or any amendment thereto, and which is maintained after the effective date thereof although it does not conform to the use regulations of the district in which it is located.
NURSERY
A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting.
NURSING HOME
A facility-operated for the purpose of providing therein lodging, board, and nursing care to sick, invalid, infirm, disabled, or convalescent persons for compensation.
OFFICE, BUSINESS AND PROFESSIONAL
A place or establishment used for the organizational or administrative aspects of a trade, or used in the conduct of a profession or business. This may include, but is not limited to, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations.
OFF-STREET PARKING
Area provided for parking that is not located on any public or private road.
OFM
Organic fertilizer material from poultry.
OUTDOOR CAFE
Exterior seating adjacent to and part of an establishment selling food and/or drink, located on a sidewalk and subject to the provisions of § 310-5.18.
OUTDOOR FURNACE
Any equipment which is designed to be installed outdoors for the primary purpose of combustion of wood to produce heat or energy used as a component of a heating system providing heat for any interior space.
PERMITTED USE
For the purpose of this law, any use which is allowed by right in a zoning district.
PERSONAL SERVICE SHOPS
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
PLANNED RESORT DESTINATION DEVELOPMENT (PRDD)
A development project within a designated Planned Resort District, to be planned, developed, operated and maintained as a single entity, and containing one or more structures, developed as a mix of resort-related uses, which shall include at least one hotel or lodging structure, and may also include a variety of other dwelling types for the purpose of transient lodging including hotels, condo-hotels, motels, lodging, bed-and-breakfasts, country inns, and may also include other related resort elements, including golf courses, edutainment centers, outdoor recreational facilities, wineries, movie theaters, convention/conference centers, together with retail business customarily incidental to the primary use and incorporated into a hotel or lodging structure, riding stables, and associated accessory or support facilities.
PLANNED UNIT DEVELOPMENT
A development that is planned, developed, operated and maintained as a single entity and containing one or more residential clusters, which may include appropriate commercial, public, or quasi-public uses primarily for the benefit of the residential development.
PORCH
Roofed, open areas, which may be screened, attached to or part of a building, and with direct access to and from it.
PRINCIPAL USE
The main use of a lot or structure.
PRIVATE SEWER
Any sewer system which is not a public sewer.
[Added 12-22-2014 by L.L. No. 8-2014]
PUBLIC SEWER
Any sewer system in the Town of Fallsburg consolidated sewer district.
[Added 12-22-2014 by L.L. No. 8-2014]
PUBLIC UTILITY FACILITIES
Buildings, structure, 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, and public transit, to the public.
PUBLIC WATER, PUBLIC SEWER
Sewage disposal and water supply systems owned and operated by the Town of Fallsburg.
QUARRY, EXCAVATION OPERATIONS
Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose other than such as may be incidental to excavating or regrading in connection with a building development or landscaping on the site.
RECREATION, ACTIVE
Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place in prescribed places, sites, or fields.
RECREATIONAL VEHICLES AND EQUIPMENT
Includes boats and boat trailers, pickup campers or coaches (designed to be mounted on automotive or truck vehicles), motorized dwellings, travel trailers, and the like.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, and hiking.
RELIGIOUS RETREAT
A facility maintained and controlled by a religious organization for the purpose of religious activity, worship, contemplation, education, and related activities, both within buildings and on facility grounds, and its accessory buildings and uses. A religious retreat may include, but is not limited to, church, synagogue, parish house, temple, chapel, convent, seminary, retreat house, and monastery buildings, educational facilities, housing accommodations for participants in religious programs/retreats and staff, sanitary and eating facilities, administrative offices, public assembly areas, storage and maintenance facilities.
RESEARCH, DESIGN AND DEVELOPMENT LABORATORY
A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products.
RESERVOIRS AND WATER IMPOUNDMENTS
Artificial lakes where water is collected and kept for use.
RESORT
A parcel of land providing for a retreat, lodging, recreation or entertainment primarily to vacationers. A primary place of residence, a medical or other rehabilitative facility or a single-room occupancy residential project shall not be considered a resort.
RESTAURANT
An establishment where food and drink are prepared, served, and consumed on premises to patrons seated at tables and served by a waiter or waitress or where food is taken out by patrons for home consumption.
RETAIL STORE
Stores and shops where goods are sold primarily at retail. Such sales are primarily made directly to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; laundromat, and appliances; but excluding lumber yards, and restaurants.
RETENTION BASIN
A basin that holds water in a pool. The only outlet is through an emergency spillway that allows the basin to overflow in a controlled manner should it become too full. The retention basin loses water through infiltration and evaporation but is designed with capacity to hold the runoff from average storm events.
ROOM, HABITABLE
A room separated from other rooms by walls and doorways, but not including kitchens, bathrooms, or similar utility spaces, porches, decks, foyers or halls.
SATELLITE DISHES
Any concave, circular, or dish-shaped device less than four meters in diameter designed for receiving communication or television signals from space, but does not include conventional television, radio, and amateur radio antennas.
SCHOOL OF SPECIAL INSTRUCTION
Any school not a public elementary or high school conducting a regularly scheduled curriculum of special or vocational study.[1]
SCHOOL, PRIVATE
An educational institution, other than a public school, offering courses of an academic nature leading to a recognized degree or education level of the New York State Board of Regents, or offering a specialized course leading to professional licensing by the New York State Education Department, but specifically not including schools of a trade, commercial or vocational nature, whether or not such institution is operated for profit and which is in operation for the majority of the calendar year.
[Amended 5-11-2010 by L.L. No. 7-2010]
SCHOOL, RELIGIOUS
A school supported, controlled and operated by a religious organization, offering courses in religious instruction, authorized to perform its corporate function and registered with the State of New York.
[Added 12-22-2014 by L.L. No. 8-2014]
SCREENING
A method of visually shielding or buffering one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SEASONAL OCCUPANCY
Occupancy from April 1st to December 1st in any calendar year or any part thereof.
SELF-STORAGE FACILITY
A public facility for storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner for periods of at least 60 days or greater. The term "self-storage facility" includes all similar uses and terms but shall not be construed to mean warehouse.
SETBACK FRONT
The required minimum distance from the building or use to the front lot line. When the property extends to the center line of a road, the required setback shall be measured from the edge of pavement.
SETBACK, REAR
The required minimum distance from the building or use to the rear lot line.
SETBACK, SIDE
The required minimum distance from the building or use to any lot line other than to the front or rear lot lines.
SEWER
A pipe or conduit that carries wastewater or drainage water.
[Added 12-22-2014 by L.L. No. 8-2014]
SHOPPING CENTER
Two or more commercial establishments planned, constructed, and managed as a total entity with: customer and employee parking provided on-site, and provisions for goods delivery separated from customer access.
SIGN
Any structure which is in the nature of an announcement, direction, advertisement or any other similar message either freestanding or printed on a building or structure.
SIGN, ACCESSORY
Any sign related to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
SIGN AREA
Shall include all faces of a sign measured as follows:
A. 
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;
B. 
When such sign consists only of letters, designs or figures engraved, painted, 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.
SIGN, BILLBOARD
A commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, COMMERCIAL DIRECTIONAL
An off-premises sign, identifying a commercial enterprise by name, without other advertising matter, intended as a guide for the general public in finding the location of the commercial enterprise.
SIGN, GROUND
A freestanding sign, other than a pole sign, in which the entire bottom is in contact with or close to the ground.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial light, including reflected or phosphorescent light.
SIGN, POLE
A sign which is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.
SIGN, PROJECTING
Any sign which projects from the exterior of any building.
SIGN, WALL AREA
The area of a building wall fronting on a street not including doors and windows.
SITE PLAN
A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information as provided for under this Zoning Code.
SOLID WASTE
Residue material with insufficient liquid content to be free flowing.
A. 
Agricultural: solid waste that results from the raising and slaughtering of animals, and the processing of animal products and orchard and field crops;
B. 
Commercial: waste generated by stores, offices and other activities that do not actually turn out a product;
C. 
Industrial: wastes that result from industrial processes and manufacturing;
D. 
Institutional: waste originating from educational, health care and research facilities;
E. 
Municipal: residential and commercial solid waste generated within a community;
F. 
Pesticide: the residue from the manufacturing, handling or use of chemicals intended for killing plant and animal pests;
G. 
Residential: waste that normally originates in a residential environment; sometimes called domestic solid waste.
SPECIAL PERMIT USE
A use which, because of unique characteristics, requires a special permit in accordance with this Zoning Code.
STABLES, RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation, or incidental to the operation of any club, association, ranch or similar establishment.
STORY
That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or if there be 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.
STREET
A road shown on the official map of the Town of Fallsburg, or an existing Town, county, state highway or street shown on an approved subdivision plat, or a street shown on a plat filed with the County Clerk prior to the Planning Board's authorization to review subdivision.
STREET LINE
The dividing line between a lot and a street right-of-way.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as beams, columns, or girders.
STRUCTURE
A combination of materials to form a building or other construction that is safe and stable and includes, among other things, stadiums, radio towers, sheds, storage bins, billboards and display signs.
SWIMMING POOL, PUBLIC
Any body of water (excluding natural bodies of water fed by rivers, streams or brooks) or receptacles for water having a depth at any point greater than six inches used or intended to be used for swimming or bathing, and constructed, installed or maintained above or below ground outside of any building.
TAVERN
An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold.
TEMPORARY STRUCTURE
A structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
THEATER
A building or part of a building used to show motion pictures or for drama, dance, musical or other live performances.
TOPOGRAPHICAL ALTERATION
Any change in the configuration of a surface area including its relief, relative elevations and position of natural or man-made features excepting those changes incident to or normally part of agricultural operations or home gardening.
TOWNHOUSE
See "dwelling, townhouse."
USABLE OPEN SPACE
An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind.
USE
The specific purpose for which land or a building is used or occupied or maintained.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of the land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of the land for a purpose which is otherwise not allowed or prohibited by the applicable zoning regulations.
VESTED RIGHTS
Vested rights are found when a landowner has received approval on a project and has undertaken substantial construction and made substantial expenditures in reliance on that approval. The landowner's right to develop has vested and cannot be taken away by a zoning change by the legislature.
VETERINARY HOSPITAL
A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to hospital use.
WAREHOUSE
A building, or part of a building, for storing of goods, wares, and merchandise, whether for the owner or for others, and whether it is public or private warehouse.
YARD
A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitation and requirements limiting obstruction of visibility.
YARD, FRONT
An open space extending across the entire width of the lot between the building line or front main wall of a building and the front property line (street or road right-of-way line) and into which space there shall be no extension of building parts other than steps, porches, eaves, cornices and similar fixtures.
YARD, REAR
An open space extending across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory buildings and open porches which in the aggregate shall occupy not more than 35% of the area.
YARD, SIDE
An open unobstructed space on the same lot with a principal building between the principal building and the side line of the lot and extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than the eaves with an overhang of not more than two feet, rain water leaders, and other such fixtures and open steps for a distance not exceeding four feet.
[Amended 5-11-2010 by L.L. No. 7-2010]
YESHIVA
An elementary or secondary school for the advanced study of Jewish texts and registered with the New York State.
[Amended 12-22-2014 by L.L. No. 8-2014]
[1]
Editor's Note: The former definition of "school, parochial," which immediately followed this definition, was repealed 12-22-2014 by L.L. No. 8-2014. See "school, religious."