Unless expressly stated otherwise, the following
general rules of definition shall be used in this chapter:
A.
Words used in the present tense shall include the
future tense.
B.
The word "person" shall include "firm," "partnership,"
"corporation," "company," "association" or "trust," as well as an
"individual."
C.
The word "lot" shall include the word "parcel."
D.
The word "used" or "occupied," as applied to any building,
structure or land, shall include the words "intended," "arranged"
and "designed" to be used or occupied.
E.
Words in the singular shall include the plural.
F.
The word "shall" is mandatory.
As used in this article, the following terms
shall have the meanings indicated:
A building or structure which is secondary and incidental to a principal building or a structure and located on the same lot. Garages and storage buildings may be located on an adjacent or a nearby lot (within 200 feet) where it is impossible to place it on the same lot of the principal structure. Accessory buildings and structures for one and two family include, but are not limited to, private garage, carport, swimming pool, small storage building, cabana and gazebo. Accessory buildings and structures for agricultural uses include, but are not limited to, a barn, a silo, storage shed, pen and roadside produce stand. Accessory buildings and structures for other principal uses include any buildings or structures commonly associated therewith and clearly incidental thereto. Minor accessory structures include patios, exempt signs (§ 165-26D), freestanding radio or television antennas or satellite dishes for private use, poles, doghouses, uncovered entry steps, private play equipment, bird houses or feeders and lawn ornaments. A stand alone building or structure on a lot, in the absence of a principal building or structure, shall be allowed in any district subject to site plan review and in compliance with setbacks applicable to a principal building or structure in that particular district.
[Amended 6-10-1992 by L.L. No. 2-1992; 11-3-2004 by L.L. No.
2-2004; 12-18-2023 by L.L. No. 2-2023]
A use which is secondary and incidental to a principal use
and located on the same lot therewith. "Accessory uses" for one- or
two-family dwellings include, but are not limited to, a home occupation,
private parking and private storage. "Accessory uses" for agricultural
uses include, but are not limited to, storage of seed, fertilizer,
machinery, fuel or feed for the agricultural use; auctioning of livestock;
slaughtering other than for compensation; and sale of firewood, lumber,
honey, livestock or other produce grown or raised by the agricultural
operation. "Accessory uses" for other principal uses include any use
commonly associated therewith and subordinate thereto.
Any lot, building, structure or portion thereof in which
a minor is not allowed due to the adult entertainment use conducted
therein. "Adult entertainment establishments" include, but are not
limited to, adult bookstores, adult theaters (live or motion picture),
massage parlors and topless or striptease bars, each of which is more
particularly defined below:
ADULT BOOKSTOREAn adult entertainment establishment used for the sale, whether at retail or wholesale, or rental, whether for viewing on or off premises, of books, magazines, periodicals, recordings, films, video tapes/cassettes or other viewing materials distinguished or characterized by an emphasis on the display or depiction of sexual activity or specified anatomical areas.
ADULT THEATER (LIVE OR MOTION PICTURE)An adult entertainment establishment used for live performances or motion pictures distinguished or characterized by the display or depiction of sexual activity or specified anatomical areas.
MASSAGE PARLORAn adult entertainment establishment used for administering massages to the external parts of the human body, including the rubbing, stroking, kneading, tapping or vibrating thereof with the hand or any instrument. This definition shall not be deemed to include any of the following: a medical care facility, nursing home or office of any health care practitioner licensed by the State of New York; a barbershop or a beauty shop administering massage to the scalp, face, neck or shoulders; a manicure or pedicure shop administering massage to the hands or feet, respectively; a volunteer rescue squad; or a community facility or indoor or outdoor recreation facility operated by a governmental agency or nonprofit organization.
TOPLESS OR STRIPTEASE BARAn adult entertainment establishment used for the serving and consumption of alcoholic beverages and featuring topless dancers, waitresses, strippers or other person displaying sexual activity or specified anatomical areas for the patrons thereof.
Any business or activity conducted for gain, either as a
principal or accessory use, which devotes or intends to devote more
than 25 square feet of net floor area or more than 10% of its total
net floor area, whichever is less, or more than 10% of the volume
of its stock to display, exhibit or disseminate material distinguished
or characterized by emphasis on the display or depiction of sexual
activity or specified anatomical areas, regardless of whether by live
entertainment, motion picture, video cassette, photograph, cartoon
or the means, in a manner unsuitable for viewing by minors or otherwise
prohibited by the statues of New York State.
SEXUAL ACTIVITYAny act of masturbation, fellatio, cunnilingus, sodomy, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.
SPECIFIED ANATOMICAL AREASHuman male or female genitals, pubic area or, when absent of any opaque covering, buttocks; female breasts with less than a full opaque covering of any portion thereof below the top of the areola; and covered male genitals in a discernibly turgid state.
A business engaged principally in providing supplies, implements,
livestock and other products needed for agricultural uses, including
but not limited to seed, fertilizers, herbicides, pesticides, animal
feeds, tools, fencing and parts for farm machinery or equipment, but
not including agricultural processing plants, dealerships for farm
equipment or machinery or slaughterhouses.
A business engaged principally in providing, on a contractual
or other fee basis, the services of storing, processing, cleaning,
grading and/or packing of fruits or vegetables; the milling of grains;
or the processing of dairy products. The term shall not include a
slaughterhouse.
The use of land and any buildings or structures thereon principally
for growing crops or trees; raising livestock, fish or game; production
of dairy products; beekeeping; or other customary agricultural activity
conducted for compensation. The term includes, but is not limited
to, cultivation, fertilizing, harvesting, animal husbandry, horticulture
timber cutting, pasturing and the wholesale or retail sale of agricultural
products grown or raised on the premises. The term does not include
agribusinesses, agricultural processing plants or commercial hog,
fowl, fish or fur farms.
An area used principally for the storage, takeoff and landing
of aircraft without a control tower, terminal, hangers or other support
facilities commonly associated with an airport.
The change of any wall, roof, ceiling, floor, window, supporting
beam, column, exterior architectural feature, entrance or exit; the
enlargement of a structure by extension, addition or increase in height;
or the relocation or demolition of a building or structure.
Also referred to as "ambient noise level" and "ambient sound
pressure level"; means the background (exclusive of the development
proposed) sound level (L90) found to be exceeded 90% of the time over
which sound is measured in a noise analysis. Unless indicated otherwise,
frequency weighting according to the A-weighting scale is understood
to be applicable.
[Added 6-7-2017 by L.L.
No. 3-2017]
A building, structure or portion thereof used principally
for the business of providing health care, temporary shelter, training
and/or breeding service for animals. The term includes, but is not
limited to, an animal hospital, kennel and boarding stable.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, personal communications systems
and microwave communications.
[Added 10-7-1998 by L.L. No. 2-1998]
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
[Added 8-1-2018 by L.L.
No. 1-2018]
A building, structure or portion thereof used principally
for the business of serving alcoholic beverages to patrons.
A building, structure or portion thereof used principally
for the business of providing cosmetic services including, but not
limited to, haircutting, coiffures, facials, manicure and/or tanning.
A detached residential dwelling used and occupied by five
or more individuals unrelated by blood, marriage or adoption who pay
either a room rental, room and board charges or a share of the total
rent for the dwelling, having separate or shared sleeping rooms and
individual or common bathroom facilities. A family may rent a sleeping
room to one or two boarders or roomers without being considered a
"boardinghouse or rooming house."
A residential accessory building used primarily for the storage
of watercraft.
Any lot, building or structure which is used, or intended
to be used, principally for seasonal storage of one or more watercraft
for compensation and not within a marina.
[Amended 12-18-2023 by L.L. No. 2-2023]
An open space, the sole purpose of which is to protect adjacent
property from the impacts of a use or uses on a given property. A
"buffer" may or may not include additional protection in the form
of fencing, plantings, natural vegetation, earthen berm or combinations
thereof.
Any structure having a roof supported by columns or by walls
and used or occupied for the shelter, housing or enclosure of animals,
persons or property. In general use, the term includes both principal
and accessory buildings.
An outside face of any exterior wall of a building or structure.
The vertical distance to the highest point of a building
or structure measured from the average elevation of the surrounding
grade.
The line measured along any given building face or protrusion
therefrom and to which the setback distance is measured from the closest
lot line or road right-of-way. "Building line" includes uncovered
porches, eaves, cornices, roof overhangs, chimneys, bay windows and
similar protrusions.
A permit for the construction, reconstruction, addition,
extension or placement of a building or structure in accordance with
applicable requirements of the New York State Uniform Fire Prevention
and Building Code, which permit is issued only after the issuance
of a zoning permit, when required by this chapter.
A lot or any building or structure thereon or portion thereof
used principally for the business of indoor or outdoor storage and
sale of bulk building products, including, but not limited to, masonry
materials, sand, gravel, cement, septic tanks, sewer pipe, framing
lumber, exterior siding, subflooring, insulation, dry wall and other
sheet goods, whether for wholesale or retail sale. Indoor storage
and sale of plumbing, heating, air-conditioning, electrical, hardware
or decorating supplies shall not constitute a "building products supply
facility," but may be included therewith.
A commercial or mercantile enterprise principally involving
the purchase, sale or any other transaction for the handling, provision
or disposition of any article, substance, service or commodity for
profit. The term shall include retail, wholesale, office, administrative,
recreational and amusement enterprises and any buildings, structures,
vehicles, equipment, storage facilities or display associated therewith.
For the purposes of this chapter, the term shall not include agricultural
use, home occupation or other sale of one's own real estate or personal
property in a manner incidental to the principal use and not as an
enterprise.
A parcel of land used by two or more tents, travel trailers
and/or other recreational vehicles on a seasonal or other transitory
basis and conducted principally as a business or as part of a community
facility, institutional use, membership club or nonprofit organization.
A building, structure or portion thereof used principally
for the washing, waxing and/or other cleaning of motor vehicles.
A lot and any buildings or structures thereon used for keeping,
raising and/or breeding of the following, respectively:
Any wind energy conversion system, including all related
infrastructure, electrical lines and substations, access roads and
accessory structures, where the power generated is sold.
[Added 6-7-2017 by L.L.
No. 3-2017]
A lot or a building or structure thereon or a portion thereof
used primarily for general community benefit and not for profit. The
term includes, but is not limited to, community center, meeting hall,
library, museum, post office, art gallery, public arena, public park
or playground.
Any mixture or material having in the container either an
absolute pressure exceeding 40 pounds per square inch at 70° F.,
an absolute pressure exceeding 104 pounds per square inch at 130°
F. or both or any liquid flammable material having a vapor pressure
exceeding 40 pounds per square inch at 100° F. as determined by
the standard method of testing for vapor pressure of petroleum products
(Reid Method, American Society For Testing And Materials Designation
ASTM D 323).
[Added 6-5-2002 by L.L. No. 2-2002]
A lot or portion thereof, the principle use of which is the
outside storage of heavy construction equipment, including, but not
limited to, back hoes, bulldozers, cranes, graders and dumptrucks.
The term shall not include the incidental storage of such equipment
as an accessory use or the temporary storage of such equipment at
a construction site during the period of construction.
Those acids, alkaline caustic liquids and other corrosive
liquids which, when in contact with living tissue, will cause severe
damage of such tissue by chemical action or are liable to cause fire
when in contact with organic matter or with certain chemicals.
[Added 6-5-2002 by L.L. No. 2-2002]
A building or structure used principally for the temporary
care of infants and preschool age children, under adult supervision,
certified pursuant to the New York State Social Services Law. The
term includes accessory facilities for meal preparation, health care
and indoor or outdoor recreation.
A platform-type structure adjacent to a building and providing
outdoor living space without walls or a roof.
[Added 6-10-1992 by L.L. No. 2-1992]
An all-weather surface improved with gravel, crushed stone
or other paving material and used or intended to be used to provide
for vehicular access to a given lot.
A building or part thereof used as living quarters for one
or more families. The term shall not include tents, travel trailers,
motor homes, other recreational vehicles, motels or hotels.
A residential dwelling containing three or more dwelling
units for occupancy or use by three or more families, with no more
than one family per dwelling unit.
A detached residential dwelling comprising a single dwelling
unit for occupancy or use by no more than one family. When three or
more one-family dwellings are attached with common-wall construction
on separate lots or in condominium ownership, they shall be deemed
multiple-family dwellings for the purposes of this chapter.
A detached residential dwelling containing two dwelling units
for occupancy or use by two families, with no more than one family
per dwelling unit.
One or more rooms connected together in a building or an
entirely self-contained portion of a building providing a separate,
independent housekeeping unit with cooking and sleeping facilities
for owner or renter occupancy or use. Boardinghouses, rooming houses,
nursing homes and convalescent homes shall be deemed special forms
of a dwelling unit.
Environmental assessment form used in the implementation
of the SEQRA, as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
[Added 6-7-2017 by L.L.
No. 3-2017]
All explosives, ammunition, blasting agents and pyrotechnics
includable under 9 NYCRR 176.
[Added 6-5-2002 by L.L. No. 2-2002]
One or more persons occupying a single dwelling unit and
sharing kitchen and bathroom facilities, provided that no such family
shall contain more than four persons not related by blood, marriage
or adoption, except as residents of the following:
A vertical wall, barrier or other assemblage of material
erected outdoors for the purposes of delineating property boundaries,
preventing trespass or theft, containing animals or providing for
privacy.
A lot used principally for storage and/or supply of fuel
oil, gasoline, kerosene or other liquid petroleum-derived fuel or
liquefied petroleum gas. The term shall not include fuel storage accessory
to an agricultural use, as part of a gasoline station, or up to 550
gallons of fuel oil or 500 gallons of liquefied petroleum gas for
a dwelling unit.
A building or portion thereof, with or without an accessory
dwelling unit, used principally for preparing cadavers for interment,
including embalming, holding wakes or conducting funeral services.
The term shall include a mortuary.
A building accessory to a dwelling and used for the parking
or storage of motor vehicles, boats, travel trailers or personal property
of the occupants of such dwelling.
A building, structure or portion thereof used principally
for the dispensing of gasoline and motor oil. A gas station may include
incidental repairs and services and/or the sale of groceries or other
convenience goods as accessory uses.
The sum total of all floor area of a building or structure
based upon exterior dimensions.
A solar photovoltaic energy system mounted on a structure,
pole, or series of poles constructed specifically to support the solar
photovoltaic energy system and not attached to any other structure.
[Added 8-1-2018 by L.L.
No. 1-2018]
Includes such materials as compressed gases, explosives,
corrosive liquids, salt, radioactive material, highly toxic materials,
poisonous gases, potentially explosive chemicals and petroleum as
herein defined.
[Added 6-5-2002 by L.L. No. 2-2002]
A material so toxic to humans as to afford an unusual hazard
to life and health during fire-fighting operations.
[Added 6-5-2002 by L.L. No. 2-2002]
A residential accessory use which is generally of a service character, is conducted by an individual or family wholly within a dwelling unit and/or building accessory thereto, does not alter the residential character of the lot on which it is conducted and does not have any exterior storage, display or other evidence of the occupation, except for such sign as permitted under § 165-27 of this chapter. The term includes, but is not limited to, a dressmaker, a seamstress, an upholsterer, music or voice instruction or an office in the home for a lawyer, architect, landscape architect, engineer or surveyor.
A commercial use consisting of one or more buildings which
provide sleeping rooms used or intended to be used for transient occupancy
by persons who reside elsewhere. The term includes, but is not limited
to, an inn, lodge and boat-tel. The term does not include a bed-and-breakfast.
See "manufacturing or assembly plant."
A lot, a building or structure thereon or a portion thereof
used principally for educational, governmental, medical, health care
or religious activities and/or services for general public or quasi-public
benefit. The term includes, but is not limited to, public or parochial
schools, vocational schools, academies, colleges, government offices,
hospitals, clinics, hospices, nursing homes, sanitariums, churches,
temples and synagogues.
The technical and practical link between the solar photovoltaic
energy systems and the grid providing electricity to the greater community.
[Added 8-1-2018 by L.L.
No. 1-2018]
An area of land, with or without buildings, primarily used
for the storage outside of a completely enclosed building of used
or discarded materials, including but not limited to wastepaper, rags,
metal, building materials, housing furnishings, machinery, vehicles
or parts thereof, including junk, with or without the dismantling,
processing, salvage, or other use or disposition of the same. The
outdoor storage of two or more unregistered motor vehicles (excluding
unregistered operative used in conjunction with the operation of a
farm), tractor trailer boxes or the major parts of two or more such
vehicles, for a period of two months or longer, shall be deemed a
junk yard.
[Added 12-18-2023 by L.L. No. 2-2023]
A lot or a building or a structure located thereon where
four or more dogs or cats, six months of age or older are housed,
boarded, groomed, bred and or trained.
[Amended 12-6-2000 by L.L. No. 1-2000]
A unit of electrical power equal to 1,000 watts, which is
a metric measurement of instantaneous power (not energy).
[Added 8-1-2018 by L.L.
No. 1-2018]
A lot or a building or structure thereon used principally
for the growing and/or sale of trees, shrubs, flowers, plants, grass
seed, peat moss, mulch and other products, tools, implements and equipment
for lawn or garden care. The term shall include commercial greenhouses.
A solar photovoltaic energy system with a rated capacity
larger than 35kW. A large solar photovoltaic energy system is considered
an accessory use of the property, if the principal purpose is to provide
electrical power to be consumed onsite and for sale to the general
power grid or to provide electrical power to be consumed onsite and
to be sold to other power customers through a power purchase agreement.
A large solar photovoltaic energy system is not considered an accessory
use if the principal purpose is to provide electrical power for offsite
consumption.
[Added 8-1-2018 by L.L.
No. 1-2018]
A business conducted upon the same lot as a one-family dwelling or agricultural use and subject to special use standards set forth under § 165-41 of this chapter.
A parcel of land which is described separately by deed and
which is occupied or designed to be occupied by a principal use, including
such principal buildings or structures, accessory buildings or structures
and accessory uses as may comply with all applicable provisions of
this chapter.
The lot area shall equal the minimum lot width times the
minimum lot depth.
[Amended 5-5-1993 by L.L. No. 2-1993]
A lot located at the intersection of and having frontage
on two road rights-of-way.
The percentage of total lot area covered collectively by
buildings and structures having individual ground coverage of 10 square
feet or more.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot which is separated from the road right-of-way by one
or more frontage lots, except for a narrow portion of the lot providing
access to such road right-of-way.
A vacant lot situated between two lots, each with an existing
dwelling thereon.
A line dividing a lot from a road right-of-way, an adjoining
property or a water body. The road right-of-way is deemed the front
lot line. The lot line opposite to and most distant from the front
lot line is deemed the rear lot line. Any lot line other than the
front and rear lot lines is deemed a side lot line.
An existing lot under separate ownership which, individually
or as part of a subdivision, has been recorded in the Jefferson County
Clerk's Office and for which proof can be provided that such lot was
intended for development prior to the enactment of this chapter.
Any lot fronting on two public roads or highways other than
at an intersection.
The horizontal distance between the side lot lines, measured
along the minimum front setback line.
Any structure wholly or in substantial part constructed at
a manufacturing plant and designed or intended to be transported,
in one or more sections, for permanent installation and occupancy
as dwellings. The term includes mobile homes (single- or double-wide)
and modular homes.
A facility used principally for the production, fabrication
or assembly of one or more commodities, components or products from
raw materials or other components where the processes, labor and capital
involved adds value for the sale of such commodities, components or
products at retail or wholesale. A manufacturing or assembly plant
may include warehouses, a trucking terminal and/or fuel storage/supply
depots as accessory uses, provided that the highest standards applicable
to such uses are satisfied. The term shall not include fabrication
or assembly incidental to a business.
A lot, building, structure, pier, dock or portion thereof
located with shoreline frontage and access to navigable water and
used for the launching, mooring, rental, sale, fueling and/or repair
of watercraft and including such boat storage and such sales of bait,
tackle and marine supplies as may be accessory to such marinas.
That point along the shoreline of Lake Ontario reached by
high water, as an historical average established by chart datum of
the United States Army Corps of Engineers, at a level of 248.05 feet
above mean sea level at Father Point, Quebec (International Great
Lakes Datum, 1955).
A unit of electrical power equal to 1,000,000 watts, which
is a metric measurement of instantaneous power (not energy).
[Added 8-1-2018 by L.L.
No. 1-2018]
An organization formed for recreational, athletic, educational
or social purposes and catering exclusively to its members and their
guests, such that any merchandising, vending or other sales activity
is conducted solely to benefit the club without financial gain to
any member thereof.
A type of manufactured housing which is built on a permanent
chassis; transportable in one or more sections; constructed to contain
the necessary plumbing, heating, electric and air-conditioning systems;
and designed to be occupied and used as a dwelling (with or without
a permanent foundation) when connected to the required utilities.
An area delineated within a mobile home park for the installation
of an individual mobile home in accordance with an approved site plan
for such park. The term applies only with an approved site plan for
such park. The term applies only to areas to be leased, with or without
an existing mobile home.
Any lot under single ownership used or intended to be used
to contain two or more mobile homes for occupancy as residential dwellings
and including such buildings or structures as may be accessory to
such mobile homes individually or accessory to the mobile home park
as a whole to provide facilities and/or services solely for the residents
thereof.
See "hotel/motel."
A building, structure or portion thereof used principally
for the purpose of repairing and servicing motor vehicles.
An agreement with a local electric utility company that allows
customers to receive a credit at the same rate they are charged for
surplus electricity generated .by certain renewable energy systems.
[Added 8-1-2018 by L.L.
No. 1-2018]
As applied to a lot, use or structure, any condition legally
existing prior to the enactment of this chapter, but not in compliance
with the regulations, requirements or other provisions applicable
thereto.
A building, structure or portion used principally to conduct
the activities of an organization having nonprofit status under state
and federal regulations.
A building, structure or portion thereof used principally
for preschool education of children by one or more teachers certified
pursuant to the New York State Education Law.
The use of a building or portion thereof principally for
conducting business transactions of an administrative, professional
or service nature and not involving the sale of products at retail
or wholesale. The term includes, but is not limited to, the following
uses: insurance or real estate sales; employment agencies; medical,
dental or chiropractors' practice; accounting, architectural, engineering,
law or surveying firms; banking or stock brokerage; and home nursing
services.
Parking spaces provided on a lot outside of the road right-of-way.
A Tax Map parcel as established by the Jefferson County Office
of Real Property Tax Services; provided, however, that an owner of
such parcel may provide evidence to the Planning Board or Code Officer
in the context of subdivision provision that such Tax Map parcel is
actually separate lots by showing that the lots are separately described
in a deed and that there was no intention of merging the two lots,
which evidence may be shown, among other things, by:
[Amended 5-7-2014 by L.L.
No. 2-2014]
An outdoor living space adjacent to a building at ground
level, often paved.
A use by right subject only to the issuance of a zoning permit
for compliance with the applicable district requirements and supplementary
regulations of this chapter.
Petroleum-based oil of any kind which is liquid at 68°
F. under atmospheric pressure and has been refined, re-refined or
otherwise processed for the purpose of being burned as a fuel to produce
heat or usable energy or which is suitable for use as a motor fuel
or lubricant in the operation or maintenance of an engine. Waste oil,
which has been reprocessed or re-refined and which is being stored
for sale or use as a fuel or lubricant, is also considered petroleum.
[Added 6-5-2002 by L.L. No. 2-2002]
A semiconductor-based device that converts light directly
into electricity.
[Added 8-1-2018 by L.L.
No. 1-2018]
Any noxious gas of such nature that a small amount of the
gas when mixed with air is dangerous to life.
[Added 6-5-2002 by L.L. No. 2-2002]
A roofed but open structure, projecting from the outside
wall of the building.
[Added 6-10-1992 by L.L. No. 2-1992]
Any chemical substance, other than one classified as an explosive
or blasting agent, which has a tendency to be unstable and which can
be exploded by heat, shock or a combination thereof.
[Added 6-5-2002 by L.L. No. 2-2002]
A building or structure within which a principal use is conducted.
The main or dominant use of a lot, building or structure
that may be permitted, permitted subject to site plan approval or
allowed upon approval of a special use permit. There shall be no more
than one principal use per lot (e.g. one, one-family home per residential
lot or one home occupation per lot where permitted).
[Amended 6-10-1992 by L.L. No. 2-1992]
A building, structure or use operated by a government agency
or special district primarily for public safety. Public safety facilities
include, but are not limited to, police stations, fire stations and
civil defense facilities.
A building or structure operated as a business regulated
under the New York State Public Service Law and having the chief purpose
of providing public services such as natural gas, electricity, telephone,
cable television and commercial wind energy facilities.
[Amended 6-7-2017 by L.L.
No. 3-2017]
A small storage shed used principally for the housing and
operation of pumping equipment for supplying water.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NAB CEP's
list of certified installers may be deemed to be qualified solar installers
if the Town of Brownville determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include, but not be limited
to, the proper use of special precautionary techniques and personal
protective equipment, as well as the skills and techniques necessary
to distinguish exposed energized parts from other parts of electrical
equipment and to determine the nominal voltage of exposed live parts.
[Added 8-1-2018 by L.L.
No. 1-2018]
Any material or combination of materials that spontaneously
emits ionizing radiation and has a specific activity greater than
0.002 microcuries per gram.
[Added 6-5-2002 by L.L. No. 2-2002]
Aggregate sum of the AC kW ratings of all of the inverters
in the system.
[Added 8-1-2018 by L.L.
No. 1-2018]
A building, structure or portion thereof used principally
for indoor recreation, sports or leisure activity, conducted as a
commercial enterprise or otherwise as a principal use. The term includes,
but is not limited to, billiard parlors, bowling halls, live or motion-picture
theaters, amusement or video game centers, indoor sports facilities,
gymnasiums, physical fitness centers, martial arts schools and dance
schools. The term does not include adult entertainment establishments,
special events facilities or indoor recreation as a community facility
or as an accessory use for an institutional use, membership club or
nonprofit organization.
A lot with or without accessory buildings, structures and
other site improvements used for outdoor recreation, sports or leisure
activity and conducted as a commercial enterprise or otherwise as
a principal use. The term includes, but is not limited to, drive-in
or open air theaters, exhibition facilities, field sports facilities,
golf courses, driving ranges, miniature golf facilities, hobby clubs
and water sports facilities. The term does not include special events
facilities, campgrounds, marinas or outdoor recreation as a community
facility or as an accessory use for an institutional use, membership
club or nonprofit organization.
A building or structure used for the repair of motor vehicles
and machinery where such repairs are conducted wholly within a completely
enclosed building.
[Added 11-8-2001 by L.L. No. 4-2001]
Any dwelling suitable for habitation existing in the Town
of Brownville on the date an application is received. For purposes
of this definition, "suitable for habitation" shall mean that its
primary purpose is for private occupancy and it has a connection to
an on-site or off-site potable water supply and wastewater treatment/disposal
system on a full-time basis. A residence may be part of a multi-dwelling
or multipurpose building, but shall not include buildings such as
hunting camps, hotels, hospitals, motels, dormitories, sanitariums,
nursing homes, schools or other buildings used for educational purposes,
or correctional institutions.
[Added 6-7-2017 by L.L.
No. 3-2017]
Pertaining to the use of a one-, two- or multiple-family
dwelling as a place of residence.
A commercial establishment used for the preparation, sale
and consumption of food and beverages on premises or on a takeout
basis. The term includes, but is not limited to, diners, delicatessens,
banquet halls, fast food businesses, food concessions and snack bars.
The term does not include bakeries, grocery stores or food vending
machines.
A building or portion thereof used principally to conduct
a business involving the sale of merchandise or goods to the general
public.
A retail store with less than 2,500 square feet of gross
floor area.
[Added 5-3-2006 by L.L. No. 3-2006]
The dividing line between a lot and the road right-of-way,
also referred to as the "street line."
Refers to chemical compound sodium chloride (NACI) or any
other chemical compound used as a controlling agent for snow and ice
removal.
[Added 6-5-2002 by L.L. No. 2-2002]
The New York State Environmental Quality Review Act, as codified
in Article 8 of the New York State Environmental Conservation Law
and its implementing regulations in Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, Part 617
et seq. (6 NYCRR 617).
[Added 6-7-2017 by L.L.
No. 3-2017]
The distance from the road right-of-way or a property line
to the building line or specified activity closest thereto, measured
at a right angle to such right-of-way or property line.
A building or group of buildings used principally as one
or more retail stores and having a combined gross leasable area (GLA)
in excess of 20,000 square feet. A shopping center may contain commonly
associated businesses including, but not limited to:
A device, structure or object used for the purpose of identifying
or communicating information to the attention of others by visual
display.
The parcel(s) of land where a wind energy facility is to
be placed. The site can be publicly or privately owned by an individual
or a group of individuals controlling single or adjacent properties.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a wind energy facility or has entered an agreement
for said facility or setback agreement shall not be considered off-site.
[Added 6-7-2017 by L.L.
No. 3-2017]
A plan which shows the layout and arrangement for a permitted site plan use or special use in accordance with the specifications under § 165-40B of this chapter.
A building, structure or use, the principal activity of which
is the killing and butchering of animals for compensation. The term
shall not include butcher shops, seasonal butchering of deer or bear
carcasses or incidental slaughtering of livestock as part of an agricultural
use, provided that animal remains are disposed of in a timely and
sanitary manner.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 Kw and which is intended to
primarily reduce consumption of utility power at that location.
[Added 6-7-2017 by L.L.
No. 3-2017]
Any use the principal activity of which is the extraction
of 500 or more yards of stone, gravel, sand, soil or other minerals
from any lot within a period of 24 consecutive months for the purpose
of sale. The term shall not include the incidental extraction and
sale of soil or minerals as part of an agricultural use, development
of a site, road construction, installation of utilities or other subdivision
improvements.
A group of multiple solar panels or modules linked into a
single unit.
[Added 10-1-2014 by L.L.
No. 3-2014]
A structural/architectural element that provides protection
from weather that includes awnings, canopies, porches, or sunshades
and that is constructed with the primary covering consisting of solar
photovoltaic cells and may or may not include additional solar photovoltaic
related equipment.
[Added 8-1-2018 by L.L.
No. 1-2018]
A photovoltaic cell, panel, array, or other device that converts
solar radiation to electricity or transfers solar energy to air, water,
or another storage media.
[Added 10-1-2014 by L.L.
No. 3-2014]
A combination of components that uses radiant energy (direct,
diffuse, or reflected) from the sun to generate electricity or other
forms of energy such as heat.
[Added 10-1-2014 by L.L.
No. 3-2014]
Various items related to photovoltaic installations, including
solar photovoltaic cells, modules, panels or arrays, cables, inverters,
panelboards, disconnect switches, mounting brackets, framing and foundations
used for or intended to be used for collection of solar photovoltaic
energy.
[Added 8-1-2018 by L.L.
No. 1-2018]
A power generation system that utilizes cells that convert
solar radiation directly to piezoelectric power.
[Added 8-1-2018 by L.L.
No. 1-2018]
Solar photovoltaic energy system do not include inverterless
systems with photovoltaic modules that cover less than six square
feet in area (such systems may be furnished with solarpowered lights,
for example, or other small solar-powered devices). This does not
apply to noninterconnected systems under 100w.
Systems that directly heat water or other liquids using solar
radiation.
[Added 10-1-2014 by L.L.
No. 3-2014]
A solar photovoltaic energy system that is mounted in a way
to track the movement of the sun across the sky to maximize energy
production, either with a single-axis or dual-axis mechanism.
[Added 8-1-2018 by L.L.
No. 1-2018]
Also referred to as "noise level"; means the statistical
sound pressure level expressed as the sound pressure level that is
exceeded for a given proportion of the time over which sound is measured.
"L(10)" shall mean the standard abbreviation for the sound pressure
level that is exceeded for 10% of the time over which the sound is
measured. "L(90)" shall mean the standard abbreviation for the sound
pressure level that is exceeded for 90% of the time over which the
sound is measured. Unless indicated otherwise, frequency weighting
according to the A-weighting scale is understood to be applicable.
[Added 6-7-2017 by L.L.
No. 3-2017]
The quantity in decibels measured by a sound level meter
satisfying the requirements of the American National Standards Specification
of Sound Level Meters, S1.4-1971, according to a frequency-weighted
decibel scale. "Decibels" shall mean 20 times the logarithm to the
base 10 of the ratio of the root mean squared pressure of a sound
to a reference pressure of 20 micropascals. "dB" shall mean the standard
abbreviation for decibels. Frequency-weighting of the sound pressure
level is obtained with the standardized dynamic characteristic "fast"
or "slow" and weighting A, B or C; unless indicated otherwise, the
A-weighting is understood to be applicable. "dBA" shall mean the standard
abbreviation for the A-weighted sound pressure level in decibels.
[Added 6-7-2017 by L.L.
No. 3-2017]
A facility for which the principal activity is tourism and
which may be specially located for such purposes along New York Route
12 or 12E frontage in the AR-3 district. A "special tourist facility"
may consist of one or more of the following uses: gas stations, hotels,
motels, restaurants, bars, nightclubs or similar establishments.
A use which is not permitted in a particular district, except upon full compliance with all applicable general and specific standards set forth under § 165-41 of this chapter to ensure that such use would be compatible with the character of the surrounding area, the intent of the particular district involved and the purpose of this chapter.
The implementing regulations of the State Environmental Quality
Review Act (New York State Environmental Conservation Law, § 8-0113)
as set forth under Title 6 of the New York Compilation of Rules and
Regulations (6 NYCRR 617) which provide for incorporating environmental
review within the decisionmaking of any agency of any governmental
unit in the State of New York. The terms "action," "agency," "applicants,"
"approval," "environmental assessment form" or "EAF," "environmental
impact statement" or "EIS," "involved agency," "lead agency," "Type
I action" and "unlisted action" shall have the meanings set forth
in Section 617.2 of SEQR.
A building accessory to a one- or two-family dwelling which
is designed and principally intended for storage of personal property
of the occupants at that dwelling. No trailer or motor vehicles of
any type shall be used as a storage facility.
[Added 6-1-1994 by L.L. No. 2-1994;
amended 3-5-1997 by L.L. No. 2-1997]
Any assemblage of materials constructed, erected or installed
on or moved onto a lot, the use of which requires a location on the
ground. The term includes, but is not limited to: buildings, dwellings,
sheds, swimming pools, decks, pump houses, signs, satellite dishes,
platforms, stadiums, towers, freestanding antennae, tanks and any
fixtures and additions or extensions to a structure. The term is not
intended to include driveways, parking areas, curbs, sidewalks, fences
or live vegetation.
A structure on which transmitting and/or receiving antennas
are located.
[Added 10-7-1998 by L.L. No. 2-1998]
The height of the tower and the furthest vertical extension
of the WECS.
[Added 6-7-2017 by L.L.
No. 3-2017]
A lot or a building or structure thereon used principally
for the transient storage of registered and licensed trucks, truck
cabs, tractor trailers, vans or other motor vehicles used for bulk
transport and including any refueling, cleaning or repairs associated
therewith.
The specific purpose or purposes for which a lot, building
or structure is designed, arranged, occupied and/or maintained.
A relief from compliance with the strict letter of this chapter as it applies to the use or development of a particular lot or a building or structure thereon, where such relief is granted by the Zoning Board of Appeals, as provided under Article IX of this chapter.
A variance from the area (dimensional) requirements of this
chapter.
A variance from the permitted use or permitted site plan
use restrictions of this chapter to allow a use that is not permitted
in a particular district.
A building or structure used principally for the storage
of materials, products or goods other than as an accessory use.
A building, structure or portion thereof used principally
to conduct a business involving the sale of merchandise or goods to
other businesses.
A machine that converts the kinetic energy in the wind into
a usable form (commonly know as a "wind turbine" or "windmill").
[Added 6-7-2017 by L.L.
No. 3-2017]
Any commercial wind energy facility, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
[Added 6-7-2017 by L.L.
No. 3-2017]
A permit granted pursuant to § 165-34.6 granting the holder the right to construct, maintain and operate a wind energy facility.
[Added 6-7-2017 by L.L.
No. 3-2017]
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
[Added 6-7-2017 by L.L.
No. 3-2017]
An open area of a lot unoccupied by the principal buildings
or structures thereon.
The yard situated between the road right-of-way and the front
building line of the principal building or structure on a lot and
extending the full width of such lot. A corner lot is deemed to have
two front yards.
The yard situated between the rear property line and the
rear building line of the principal building or structure on a lot
and extending the full width of such lot.
The yard situated between a side property line and the side
building line of the principal building or structure on a lot and
extending between the front yard and the rear yard.
A written permission issued pursuant to the administrative
procedures of this chapter, allowing the commencement or continuation
of a particular land use or development activity determined to comply
with all applicable provisions of this chapter.
