A.Â
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense shall include the future. Words used in the singular number
include the plural, and words used in the plural number include the
singular, unless the context clearly indicates the contrary.
B.Â
The word "shall" is always mandatory. The word "may" is permissive.
The word "building" or "structure" includes any part thereof. The
word "lot" includes the word "plot" or "parcel." The word "person"
includes an individual person, a firm, a corporation, a copartnership
and any other agency of voluntary action.
C.Â
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
A structure, the use of which is incidental to that of the
main building and which is attached thereto or is located on the same
premises.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as such principal use
or building.
Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult theaters and adult establishment cabarets. See § 280-38.
The production, storage, keeping, harvesting, grading, packaging,
or processing for sale or lease of plants and animals useful to humans,
including, but not limited to, forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules
or goats or any mutations or hybrids thereof, including the breeding
and grazing of any or all such animals; bees and apiary products;
fur animals; fruits of all kinds, including grapes, nuts and berries,
and vegetables; and land devoted to a soil conservation program. See
also "greenhouse," "nursery," and "forestry."
[Added 12-18-2019 by L.L.
No. 8-2019]
A public thoroughfare having a right-of-way width of 20 feet
or less.
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment.
A residential unit located on the upper floor of a commercially zoned building where a street-level business occupies the first floor. See § 280-40.5.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps or decks.
A place where works produced by an artist, as defined by
this chapter, are displayed or sold.
One who is skilled in an applied art; a craftsman.
One whose works are subject to aesthetic criteria; an individual
who practices one of the fine arts, who works in one of the performing
arts or whose trade or profession requires a knowledge of design,
drawing, painting, etc.
The work space of an artist that includes an accessory residential
space intended only for the artist utilizing the work space.
The work space of an artist in which art is produced.
An entity which provides housing, on-site monitoring and personal care services to five or more adult residents unrelated to the assisted living provider, as regulated by § 280-40.3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
That space of a building that is partially below grade, which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building. A basement shall be considered in determining
the permissible number of stories in a building.
An owner occupied home occupation involving the rental of
no more than six bedrooms as transient overnight accommodations, which
may include a morning meal but no full service restaurant facilities.
Guest occupancy periods shall not exceed 14 consecutive days.
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 a block for purposes
of this chapter.
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or property.
Line established by law, ordinance or regulation beyond which
no part of a building, other that parts expressly permitted, shall
extend.
The size, volume, area and shape of buildings and structures
and the physical relationship of their exterior walls or their location
to lot lines, other buildings and structures or other walls of the
same building, and all open space required in connection with a building,
other structure or tract of land.
A group of three or more dwelling structures on a single premises, designed for seasonal occupancy and not more than one of which is used for the purpose of year-round residence. See § 280-17.
An establishment for the washing and detailing of motor vehicles
as a principal use.
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.
A place used for burials, whether in the ground or in mausoleums.
This includes both human and pet cemeteries.
A line midway between and parallel to the two street or road
property lines.
See "places of worship."
[Added 12-18-2019 by L.L.
No. 8-2019]
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 place of business.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees. See also "school."
[Added 12-18-2019 by L.L.
No. 8-2019]
Facilities or equipment, exclusive of government facilities,
for purposes of participant or spectator recreation or entertainment
and utilized by the public for a fee. Examples include, but are not
limited to, arcades, cinemas, theaters, amusement parks, bowling alleys,
billiard parlors, poolrooms, dance halls, ice/roller rinks, golf courses,
driving ranges, miniature golf courses, and tennis/racquetball courts.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit and meeting the requirements of New York State statute.
The land covered by the master deed, whether or not contiguous,
and all improvements thereon, all owned either in fee simple or under
lease, and all easements, rights and appurtenances belonging thereto
or intended for the benefit thereof.
A lot fronting on two streets at their intersection.
An open, uncovered, unoccupied space surrounded on all sides
by the exterior walls of a building or structure or by such walls
and an interior lot line of the same premises.
An open, uncovered, unoccupied space which has at least one
side opening on a legal open space.
That lot area or percentage of lot area covered by buildings
and structures, including accessory buildings and structures.
A facility licensed by the New York State Department of Social
Services pursuant to § 390 of the Social Services Law. A
day-care center shall not include any of the following: a day camp;
an after-school program operated for the primary purpose of religious
education; or a facility operated by a public school district.
[Added 12-18-2019 by L.L.
No. 8-2019]
The number of dwelling units per acre of the site, exclusive
of underwater lands, wetlands, rights-of-way, easements or slopes
exceeding 20%.
Distance from front property line to the district boundary
line at the rear.
An area and building where trucks load and unload cargo and
freight, and where the cargo and freight may be transferred to other
vehicles or modes of transportation. Storage facilities such as warehouses,
incidental to the principal use, may also be part of a distribution
center.
[Added 12-18-2019 by L.L.
No. 8-2019]
Premises designed to accommodate patrons seated in a motor
vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building arranged for one dwelling unit.
A dwelling designed for occupancy by one family and being
one of two dwelling units under the same roof, separated by a party
wall and having separate exits and entrances and no interior connection.
A building arranged for two dwelling units, commonly known
as a "duplex."
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
Any establishment whose principal business is the sale of
foods and/or beverages to the customer in a ready-to-consume state.
One or more persons living together as a single nonprofit
housekeeping unit using all rooms and housekeeping facilities of a
dwelling unit in common. Any such number of persons shall not be deemed
to constitute a family if any one or more of such persons does not
have lawful access to common rooms of said dwelling unit or if any
one or more such persons leases or rents any separate portion of such
dwelling unit from any other person, except that up to two additional
persons may room or board with a family as long as they share the
use of all common rooms and housekeeping facilities.
A building providing its occupants the flexibility of utilizing
the space, such as a configuration allowing a changeable amount of
office or showroom space in combination with manufacturing, laboratory,
warehouse distribution, etc.
[Added 12-18-2019 by L.L.
No. 8-2019]
The operation of timber tracts, tree farms, forest nurseries,
the gathering of forest products, or the performing of forest services.
[Added 12-18-2019 by L.L.
No. 8-2019]
Unoccupied ground area, open to the sky, lying within and
extending the full width of the lot between street right-of-way bounds
and the principal building located on the lot.
A facility in which deceased are prepared for burial or cremation.
The facility may include a chapel for the conduct of funeral services
and spaces for preparation of the deceased, funeral services, gatherings
and display and storage for sale of related funeral supplies and equipment,
and storage of funeral vehicles. Crematory facilities are excluded
from this definition.
An accessory space or structure for the storage of motor
vehicles, provided that no business occupation or service is conducted
therein. Not more than one commercial vehicle, used in the employment
of a person residing on the premises, shall be permitted to be stored
therein.
A garage conducted as a business. The rental of storage space
for more than two cars or for a commercial vehicle not owned or used
by a person residing on the premises shall be deemed a business use.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline, oil and other fuel
for the propulsion of motor vehicles. A gasoline filling station may
contain a convenience retail store as an accessory use. See also "gasoline
service stations" and "motor vehicle repair shop."
[Added 12-18-2019 by L.L.
No. 8-2019]
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to motor vehicles of gasoline or any other motor vehicle fuel or oil
and other lubricating substances, including sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
or otherwise servicing motor vehicles, but not including auto bodywork,
welding or painting.
A building or structure whose roof and sides are made largely
of glass or other transparent or translucent material and in which
the temperature and humidity can be regulated for the cultivation
of fragile or out-of-season plants for subsequent sale or for personal
enjoyment.
[Added 12-18-2019 by L.L.
No. 8-2019]
A use providing room and board, recreational, counseling
or other rehabilitative service or facilities to individuals who,
by reason of economic, 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.
The vertical distance measured from the average ground level
at the sides of the building to the extreme high point of the building,
exclusive of chimneys, antennas and similar fixtures.
Any gainful occupation customarily conducted within a dwelling by its residents, as regulated by § 280-36.
An institution providing health services, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities and staff
offices.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may contain one or more dining rooms.
Guest occupancy periods shall not exceed 45 consecutive days.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scrap, used or salvaged building materials, or for the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more wrecked or broken-down
vehicles or the major parts thereof for three months or more shall
be deemed to make the lot a junkyard.
A building or part of a building devoted to the testing and
analysis of any products or biological samples. No manufacturing is
conducted on the premises, except for experimental or testing purposes.
[Added 12-18-2019 by L.L.
No. 8-2019]
A place containing books, newspapers, periodicals, and/or
audiovisual materials for reading, viewing, study, and research.
[Added 12-18-2019 by L.L.
No. 8-2019]
Manufacturing activity where all processing, fabricating,
assembly, or disassembly of items takes place wholly within an enclosed
building, utilizing materials that are in refined form and that do
not in their transformation create smoke, gas, odor, dust, noise,
vibration of earth, soot or lighting to a degree that is offensive
when measured at the property line of subject property. Typical items
for processing, fabricating, assembly, or disassembly under this use
include but are not limited to apparel, food, fashion accessories
and jewelry, household items and decor, instruments, consumer electronics,
medical equipment, and pharmaceutical and cosmetic products.
[Added 12-18-2019 by L.L.
No. 8-2019]
Animals, including but not limited to domestic animals, such
as sheep, horses, cattle and goats.
[Added 12-18-2019 by L.L.
No. 8-2019]
A parcel of land occupied by or which may be occupied by
a building and its accessory building or buildings, including the
yards and other open spaces required by this chapter, or the land
shown as a separate lot or parcel on the records of Sullivan County
or the Village of Monticello.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
The distance between side lot lines measured at the required
minimum yard depth or at a point of the principal structure closest
to the front line measured along a line parallel to a line connecting
the end points of the front line.
Any business establishment which utilizes a process whereby
the nature, size or shape of articles or raw materials is changed,
or where articles or raw materials are assembled or packed in quantity.
A mixed-use development (MUD) is a unified project, with a minimum gross lot area of 10 acres, and is permitted as a special use in the East Broadway Village and Gateway Districts (EBV and EBG), and is designed in accordance with the special permit design standards of this chapter, the site plan review standards of Chapter 265, and the subdivision standards of Chapter 270 of this Code. The developed portion of a MUD consists of a mix of residential uses, including one-family and two-family dwellings, and compatible commercial, office and service uses. Any nonresidential use permitted in the EBV and EBG Districts, which is scaled to serve the day-to-day needs of the MUD residents as well as the larger community, may be included in a MUD. It is designed to encourage walking, reduce automobile trips, and prevent commercial strip development. A MUD permits flexibility of design and layout to protect environmental resources and create attractive places for people to work, live, and congregate. A minimum of 30% and a maximum of 45% of the total floor area of all buildings in any MUD shall be devoted to nonresidential uses.
[Added 12-18-2019 by L.L.
No. 8-2019]
A factory-built, one-family dwelling constructed on a chassis
to facilitate its transportation to the site. Such structures shall
be at least 14 feet wide and 70 feet long and shall meet the Mobile
Home Construction and Safety Standards[2] of the United States Department of Housing and Urban Development
and applicable standards of the New York State Building Code. A mobile
home shall not be construed to be a travel trailer or recreational
vehicle.
A factory-built, one-family dwelling constructed on a chassis
to facilitate its transportation to the site. Such structures shall
be at least 20 feet wide and 50 feet long, shall have roofs of asphalt
composition with a minimum pitch three vertical to 12 horizontal and
shall meet the Mobile Home Construction and Safety Standards of the
United States Department of Housing and Urban Development and applicable
standards of the New York State Uniform Fire Prevention and Building
Code. A double-wide mobile home shall not be construed to be a modular
home, a travel trailer or a recreational vehicle.
An area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient dwelling purposes. See Article V.
A factory-built dwelling without a chassis or running gear,
constructed and installed in accordance with the regulations of the
New York State Building Code.
A multiple dwelling intended primarily for motorists, not
over two stories in height, in which the exit from each dwelling unit
or sleeping room is directly to the exterior.
A building used for the servicing and repair of motor vehicles,
including bodywork, oil changes, tire alignments; such repair work
shall be wholly within a completely enclosed building.
A building in which objects of historical, scientific, artistic,
or cultural interest are stored and exhibited.
[Added 12-18-2019 by L.L.
No. 8-2019]
That part of a building, other structure or tract of land
lawfully existing prior to the adoption or amendment of this chapter
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure or tract of land lawfully
existing prior to the adoption or amendment of this chapter which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendments thereto.
The growing, cultivation, storage and sale of garden plants,
flowers, trees, shrubs and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products, to the general
public.
[Added 12-18-2019 by L.L.
No. 8-2019]
A home for the aged, where chronically ill or incurable persons
are received, kept or provided with food, shelter and care for compensation,
but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured.
A building wherein business sales, service and professional
activities are conducted, which activities may include but are not
limited to administrative and executive functions, such as accountants,
insurance agents, attorneys, medical professionals, medical and dental
clinics, and engineers, but shall exclude any retail stores, manufacturing
and processing.
Outside storage and display of merchandise, materials or
equipment for a period exceeding 72 hours per quarter of a calendar
year.
Performing arts include artists, dance instructors and musicians.
A building or structure intended primarily for the conduct
of organized or regularly scheduled religious assembly.
[Added 12-18-2019 by L.L.
No. 8-2019]
Includes, but is not limited to, domesticated fowls, such
as chickens, ducks, geese, turkeys, pigeons, guinea hens and pheasants,
raised in confinement.
[Added 12-18-2019 by L.L.
No. 8-2019]
A lot, together with all the buildings and uses thereon.
Uses including electrical distribution lines, poles, wires,
transformers; utilities including waterlines, sewer lines, public
pumping stations; electrical substations, telephone lines and related
equipment.
A protected area in public ownership that is set aside for
recreation and enjoyment. It may or may not have developed recreational
facilities such as playgrounds, tennis courts, baseball fields, picnic
areas and/or bath facilities. "Recreational facility" shall not include
commercial recreation facilities.
[Added 12-18-2019 by L.L.
No. 8-2019]
An open space on the same lot with a building, between the
rear wall of the building and the rear 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.
See "public recreational facility."
[Amended 12-18-2019 by L.L. No. 8-2019]
A facility which conducts studies and investigations in a
particular field of knowledge, which is undertaken to establish facts
or principles.
A use devoted exclusively to the sale of goods directly to
the consumer.
A place for systematic instruction in any branch or branches
of knowledge.
[Added 12-18-2019 by L.L.
No. 8-2019]
Occupancy for a period not exceeding six months in any calendar
year during the time period between the first day of May and the first
day of November of each year.
Construction in which the structural members are of approved
noncombustible construction having the necessary strength and stability
and having fire-resistance ratings of not less than four hours for
exterior nonbearing walls and wall panels, not less than three hours
for columns and for wall-supporting girders and trusses, not less
than two hours for floors, for roofs and for floor and supporting
beams, girders and trusses, and in which exterior and interior bearing
walls, if any, are of approved masonry or reinforced concrete.
An adult person over 55 years of age.
An establishment which provides work done or duties performed
for humans and others, such as a barbershop, beauty parlor, tailor,
dressmaker, or shoe repair, including maintenance, installation, repairs,
etc., that are provided by a dealer, excluding vehicle and small engine
repair.
An open, unobstructed space on the same lot with a building,
between the building and the side line of the lot and extending through
from the front to the rear yard, into which space there shall be no
extension of building parts other than eaves with an overhang of not
more than two feet, rainwater leaders, windowsills and other such
fixtures, open steps for a distance not exceeding four feet, and bay
windows not more than 12 feet wide at one floor level only and for
a distance not exceeding two feet.
Includes every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, model, emblem, object, three-dimensional object, logo or trading matter which is used or intended to be used to attract attention or convey information when placed outdoors in view of the general public; in addition, any of the above shall be considered a sign within the meaning of this chapter when placed near the inside surface of a window in such a way as to be used to convey information to the public. See § 280-19.
A public facility for the storage of household and business
belongings in separate, individual, secure departments.
That part of a building included between the surface of any
floor and the surface of the floor next above it. (See "attic," "basement"
and "cellar.")
An existing public way which affords principal means of access
to abutting properties and is suitably improved, or a proposed way
shown on a plat approved by all appropriate official agencies.
The right-of-way line of a street indicated by dedication
or by deed of record.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
The removal of vegetation, topsoil or surface of a parcel or part of a parcel. See § 280-40.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A row of attached dwellings designed for one-family occupancy,
separated by party walls and having separate exits and entrances and
no interior connection, not to exceed eight dwellings in a row.
A vehicle, with or without its own motive power, equipped
for or used for living purposes and mounted on wheels or designed
to be so mounted and transported, not including mobile homes.
A portion of the ground area of a lot, free of structures,
parking spaces and driveways. Said space shall be available and accessible
to all occupants of the building or buildings on the lot for recreational
purposes.
A facility maintained by or for the use of a licensed veterinarian
for the care, observation and/or treatment of animals. Use as a kennel
shall be limited to short-time boarding and shall be only incidental
to such hospital use.
A building or structure utilized for the storage of various
goods, including but not limited to equipment, food products, furniture,
vehicles, appliances, clothing, wood products and related items, but
not including materials classified as hazardous in the Fire Code of
New York State.
An establishment which generally sells goods in large quantities
and at reduced prices, especially the sale of goods to retainers who
in turn sell to consumers.
