As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE
A.
A detached building or structure which:
(1)
Is customarily incidental and subordinate to,
and serves a principal building;
(2)
Is subordinate in area, extent or purpose to
the principal building served;
(3)
Contributes to the comfort, convenience or necessity
of occupants of the principal building use; and
(4)
Is located on the same parcel as the principal
building.
B.
This definition shall include private garages.
ACCESSORY USE
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
ADULT BOOKSTORE
Any business enterprise having as a substantial portion of
its stock-in-trade books, magazines, pamphlets, pictures, drawings,
photographs, and audio/visual material of any kind, which are characterized
by their emphasis on the description or depiction of areas of the
anatomy customarily associated with sexual activities; or any business
enterprise having a substantial area of its establishment devoted
to the sale, rental and display of such material.
ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise having as a substantial portion of
its activity the presentation of live shows, motion-picture films
or sound recordings, or similar visual or audio material, which are
characterized by their emphasis on the description or depiction of
areas of the anatomy customarily associated with sexual activities;
or any business enterprise serving food and beer, wine or liquor whose
entertainers or waiters and waitresses appear in a state that displays
areas of the anatomy customarily associated with sexual activities;
or any business enterprise that offers services requiring the client
or customer to display said anatomical areas, except medical and health
services establishments.
AGRICULTURAL PRODUCT DISTRIBUTION CENTER
A facility in which agricultural products, which are not
produced on the premises, are graded, sorted, and/or packaged for
the purpose of distribution by truck, rail, or other means.
AGRICULTURAL PRODUCT PROCESSING FACILITY
A facility in which agricultural products, which are not
produced on the premises, are altered for the purpose of canning,
freezing, or other packaging, or are converted or incorporated into
other products.
AGRICULTURE (FARMING)
The use of land for agricultural production purposes, including,
but not limited to, tilling of the soil, dairying, pasturage, animal
and poultry husbandry, apiculture, arboriculture, horticulture, floriculture,
viticulture, and accessory uses for packing or storing of products,
provided that the operation of any such accessory uses shall be secondary
to that of the principal agricultural production activities.
AIRPORT
Any area of land designed for the operation of general aviation
aircraft, including hangars for storage and servicing, taxiways, landing
strips and accessory uses.
AIRSTRIP, PRIVATE
An airport, as defined above, used solely for the benefit
of the landowner and for emergency landing when necessary.
ALTERATIONS
As applied to a building or structure:
A.
The change or rearrangement in the supporting
members of a building or structure, such as bearing walls, columns,
beams or girders or in the exit facilities;
B.
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
C.
The moving from one location or position to
another; and
D.
Any alteration whereby a structure is adapted
to another or different use, including any separation into rooms or
spaces by the installation of nonbearing partitions.
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure. Current examples include windmills, solar collectors
and solar greenhouses, heat pumps, or other related devices. For the
purposes of this chapter, this definition shall apply to individual
residences and businesses. Commercial generating plants are excluded.
ANIMAL HOSPITAL
A place used for the care, grooming, diagnosis and treatment
of sick, ailing, infirm or injured animals, and those who are in need
of medical or surgical attention, and may include overnight accommodations
on the premises for the treatment, observation and/or recuperation
of such animals. It may also include boarding that is incidental to
the primary activity.
ANTENNA
A structure or mount supporting a system of wires, rods,
discs, dish, horns, or similar devices used for the transmission and/or
reception of electromagnetic waves.
APARTMENT
A dwelling unit that is intended to be leased or rented.
This term shall not be deemed to include a motel, hotel, boarding
house or travel trailer.
APARTMENT BUILDING
A building arranged, intended or designed to provide three
or more dwelling units independent of each other, and which may have
common hallways and/or entrances.
AUTOMOBILE WRECKING
The dismantling or disassembling of used motor vehicles,
mobile homes or manufactured housing; or the storage, sale or dumping
of dismantled, partially dismantled, obsolete or wrecked vehicles
or their parts.
BASEMENT
That space of a building that is partly 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 grounds
adjoining the building. (See also "cellar.")
BED-AND-BREAKFAST
A single-family dwelling where overnight lodging, with or
without the service of meals, is offered to transient guests for compensation.
Such use shall be clearly incidental and secondary to the principal
use of the dwelling. This term includes hostels and tourist homes
establishments but does not include hotels, tourist courts, motor
lodges, tourist cabins or similar terms.
BUFFER AREA
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, designed to provide a physical
screen to limit visibility between uses and reduce the escape and/or
intrusion of litter, fumes, dust, noise, or other noxious or objectionable
elements.
BUILDING
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.
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code.
BUILDING COVERAGE, PERCENT OF
The percent of building coverage of any lot shall be equal
to 100 times the ratio of the gross horizontal area of all principal
and accessory buildings that have roofs on them (including covered
breezeways, covered porches, covered cantilevered structures, etc.)
measured from the exterior faces of the exterior walls, but shall
not include any structure (such as a patio or deck) that does not
have a roof, divided by the horizontal area of the lot.
BUILDING GROUP
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
BUILDING HEIGHT
The vertical distance measured, in the case of a building
with a flat roof, from the curb level to the level of the highest
point of the roof beams, and in the case of a building with a pitched
roof, from the curb level halfway between the top of the plate and
the ridge, but not including chimneys, spires, mechanical penthouses,
towers, tanks, and similar projections.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the building lines.
BUILDING PERMIT
A written permit issued by the Code Enforcement Officer documenting
compliance with the Building Code.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance or
commodity, tangible or intangible, and includes offices, recreational
and amusement enterprises and any operation where the above-described
activities are conducted in return for remuneration of any type. For
the purpose of this chapter, "business" shall have the same meaning
as commercial, and reference to commercial districts or zones shall
be interpreted as referring to business districts.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes or manufactured
housing designed for year-round occupancy or as a place of residence.
CARPORT
A roofed structure without enclosing walls, used for the
storage of one or more motor vehicles.
CAR WASH
A structure or building designed for the washing, waxing,
or similar treatment of automotive vehicles as its principal function.
A filling station having portable washing equipment shall not be deemed
to be a car wash where such is an accessory service to the principal
service of the filling station.
CELLAR
That space of a building that is partly or wholly below grade
level, which has more than two-thirds of its height, measured from
floor to ceiling, below the average established curb level or finished
grade of grounds adjoining the building.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or upon the
completion of a project requiring site plan approval. Said certificate
shall acknowledge compliance with all requirements of the Town's Code,
ordinances, local laws, variances and special permits in existence
as of the date of the issuance of the certificate of compliance.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Building
Code.
CHURCH
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
CLUB
Any organization catering to members and their guests, or
a building or premises used for recreational, general, social, or
athletic purposes not open to the general public. Clubs shall not
be conducted primarily for gain, and vending stands, merchandising,
or commercial activities shall not be conducted except as required
for the membership and purposes of such club. For the purpose of this
chapter, this term shall include religious organizations; lodges;
fraternal organizations; mutual benefit societies; snowmobiling, archery
or hunting clubs; and other similar organizations.
CLUSTER DEVELOPMENT
A development of residential lots, some of which may contain
less area than the minimum lot area required for the zone within which
such development occurs, while maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
CODE ENFORCEMENT OFFICER
The official designated to administer and enforce this chapter
by granting or denying development permits in accordance with its
provisions.
COMMON AREA
Space reserved for use by any and all residents of a housing
development, including, but not limited to, halls, stairways and landings
in apartment houses.
CONDOMINIUM
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land and
facilities (common elements), is owned in common by all homeowners
in the development. The owner has title to the interior individual
dwelling and a shared interest in the common elements.
CONFERENCE/RESORT COMPLEX
Grounds or facilities used or designed for use by the public
or for groups for meetings, conferences or recreational purposes.
This definition shall not include membership clubs or public parks
and playgrounds, as defined under "public and semipublic uses."
DAY-CARE CENTER
A place other than an occupied residence which provides day
care of children; or an occupied residence which provides group care
for seven or more children away from their own homes.
DAY CARE, CHILD
Care provided for three or more children away from their
own home for more than three hours but less than 24 hours per day
per child, which care is provided with or without compensation or
payment.
DEVELOPMENT
Any change made to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, excluding
normal maintenance to farm roads.
DRIVE-IN BUSINESS
A business providing service or delivery of goods to persons
in a vehicle, the vehicle being driven to a position designed to provide
that service or goods from inside a building. This term shall include
drive-in outdoor theaters, drive-in banking, drive-in photo processing,
fast food establishments, auto washing facilities, refreshment stands,
and similar uses. This term shall not include retail fuel outlets
or filling stations.
DRIVEWAY
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a driveway.
DWELLING
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons. Structures
which do not have permanent or approved sanitary facilities shall
not be considered a residential dwelling.
A.
SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
B.
TWO-FAMILYA detached residential building containing two dwelling units, each of which contains no more than three bedrooms and which is designed and used for occupancy by two families living independently of each other as housekeeping units. A "duplex" is a two-family dwelling which is designed with a common wall. This definition shall not include buildings designed for occupancy by two families, in which one or more of the dwelling units contains more than four bedrooms.
C.
MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided. This definition shall include buildings designed for two-family occupancy, in which one or more of the dwelling units contains four or more bedrooms.
D.
SEASONAL DWELLINGA dwelling unit intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including hunting cabins, vacation cottages, summer cottages, and vacation lodges. This definition does not include recreational vehicles, travel trailers, or other vehicles.
DWELLING UNIT
One room or rooms connected together for owner occupancy
or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure, and containing independent cooking and sleeping facilities,
designed for occupancy by one family.
EASEMENT
A specified (limited) use of private land for a public or
quasi-public purpose.
ENVIRONMENTAL ASSESSMENT FORM (EAF)
The form required by Town boards or agencies to assess the
potential environmental impacts of a proposed action and to determine
the environmental significance of a proposal.
ENVIRONMENTAL IMPACT STATEMENT
A written document, prepared in accordance with State Environmental
Quality Review Act (SEQR) regulations, which documents the potential environmental
impacts of a proposed action and alternative actions.
ESSENTIAL SERVICES AND UTILITIES
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities, but shall not
include telecommunications facilities as defined herein.
EXCAVATION (QUARRY, SAND PIT, GRAVEL PIT)
A lot or land or part thereof used for the purposes of extracting
stone, sand, or gravel for sale, as an industrial or commercial operation,
but does not include the process of grading a lot preparatory to the
construction of a building which has an approved zoning permit.
FAMILY
One or more persons, usually but not necessarily related
by blood, marriage or adoption, living together as a single, not-for-profit
housekeeping unit.
FARM
Any parcel used for agriculture as defined herein. It includes
necessary farm structures within the prescribed limitations and the
storage of equipment used. It excludes riding academies and livery
or boarding stables and kennels.
FARM ANIMAL
This term shall include horses, cows, goats, sheep, pigs,
rabbits, fowls, and other similar animals.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with, and necessary to the operating of the farm as
defined by this article.
FARM LABOR CAMP
Any structure or combination of structures, building or buildings
in which people are housed on a farmer's own land who are employed
in the individual farmer's personal farming operation, on that farmer's
land or land that he has under his control by a valid and existing
lease.
FARM MARKET
Retail outlet consisting of permanent structure(s) for the
display and sale of agricultural and nursery products primarily grown
by the operator.
FENCE
A structure of wood, masonry, wire mesh or other material,
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.
FLAG LOT
A type of lot (commonly flag-shaped in configuration) in
which street frontage is provided by a strip of land which is narrow
in relation to the remainder of the lot and which extends from the
main body of the lot to the street. A lot which does not physically
front on or abut a street, but which has access to a street by means
of an easement over other property, shall be deemed to be included
in this definition. The portion of the lot that provides access to
the interior portion of the lot shall not be less than 30 feet in
width, shall not be considered buildable and shall not be used in
the calculation of the minimum lot area requirements for the zone
district. The interior portion of the lot shall meet the minimum lot
area requirements for the zone district.
A.
FLAG LOT, ACCESS PORTIONThe panhandle portion of a flag lot having at least 30 feet in lot width and which provides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.
B.
FLAG LOT, INTERIOR PORTIONThat portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district, and which excludes the access portion of the lot.
FLOOD HAZARD DISTRICT
Refer to Chapter
175, Flood Damage Prevention, of the Code of the Town of Barre, as authorized by the New York State Constitution, Article
IX, Section 2, and the Environmental Conservation Law.
FLOOR AREA
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the floor area used or intended
to be used by tenants or for service to the public as customers, patron,
clients or patients, including areas occupied by fixtures and equipment
used for display or sales of merchandise. It shall not include areas
used principally for nonpublic purposes, such as storage, incidental
repair, processing or packaging of merchandise, for shop windows,
for offices incidental to the management or maintenance of stores
or buildings, for toilet or rest rooms, for utilities or for dressing
rooms, fitting rooms or alteration rooms.
A.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the inside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, gross floor area shall not include areas used principally for nonpublic purposes, such as storage, rest rooms, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.
B.
FLOOR AREA, HABITABLEThe sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. A floor used only for storage purposes is not a "habitable floor." All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FRONTAGE
All of the property abutting one side of a road, street,
or thoroughfare, measured along the road, street or thoroughfare line.
GARAGE, PRIVATE
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit. A garage cannot serve as the principal use on any lot.
GARAGE, PUBLIC
Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, recreational
vehicles, boats or other tangible personal property.
HOME OCCUPATION
A.
Any occupation or profession customarily conducted
entirely within a dwelling or a building accessory to the dwelling
by the inhabitants thereof, which is clearly incidental and secondary
to the use of the dwelling for dwelling purposes and does not change
the character thereof. A home occupation shall not be interpreted
to include the following: commercial stables and kennels, restaurants,
musical and dancing instruction to groups exceeding four pupils, convalescent
homes, mortuary establishments, garages or shops for the repair of
motor vehicles.
B.
For the purpose of this chapter, a home occupation
shall not include:
(1)
Occasional sales of goods, such as yard sales,
tupperware parties, and the like, provided that such sales do not
occur on more than 10 days during a single calendar year; or
(2)
A home office for a business that is primarily
conducted outside of the home, provided that no clients or customers
visit the office on a regular basis.
HOUSEHOLDER
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of such unit.
JUNKYARD
A lot, land or structure or part thereof used for the collection,
storage, disassembly, packing, sorting, salvage, buying, selling or
exchange of wastepaper, rags, scrap, or discarded materials or machinery,
or parts of any sort. More than two abandoned, unregistered, disabled,
dismantled, or partly dismantled vehicles, or pieces of equipment,
allowed to remain unhoused on a premises for a period of more than
30 days shall constitute a junkyard. Also, the unhoused storage, sale,
or abandonment of wastepaper, rags, scrap metal, discarded materials,
or the collecting, dismantling, storage, salvaging or abandonment
of machinery, appliances or vehicles not in operating condition shall
constitute a junkyard. Automobile junkyards as defined in General
Municipal Law § 136 shall be included within this definition.
KENNEL
Any lot or premises on which six or more domestic animals
more than six months of age are housed, groomed, bred, boarded, trained,
or sold.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
LOT
A parcel of land considered as a unit, devoted to a certain
use and occupied, or capable of being occupied, by a building or group
of buildings that are united by a common interest or use, and the
customary accessory uses and open space belonging to same.
A.
LOT (CORNER)A parcel of land at the junction of and fronting on two or more intersecting streets, roads, or thoroughfares.
B.
LOT (THROUGH)An interior lot having frontage on two parallel or approximately parallel streets, roads, or thoroughfares.
LOT AREA
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
LOT DEPTH
The mean distance from the right-of-way line of the street
to the rear lot line measured in the general direction of the side
lines of the lot.
LOT FRONTAGE
The linear distance along a lot line which adjoins the road
or highway which provides access to the lot.
LOT LINE
The property lines bounding the lot:
B.
LOT LINE, REAR The lot line opposite and most distant from the front lot line.
LOT OF RECORD
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
LOT WIDTH
The width of the lot between side lot lines at the front
building line as prescribed by the front setback regulations.
MANUFACTURED HOME PARK
Any site, lot, field, plot, parcel or tract of land on which
two or more manufactured homes are parked or located and are occupied
or intended for occupancy on the premises, and for which either the
said premises or manufactured homes are offered to the public for
a fee of any type, including cost sharing. This includes the rental
of the said premises and/or the manufactured homes.
MANUFACTURED HOUSING
A structure transportable in one or more sections, which
in the traveling mode is eight feet six inches or more in width or
40 body feet or more in length, and which is constructed to either
federal Department of Housing and Urban Development Code or New York
State Building Code.
MINING
The use of an area of land to remove minerals, metals or
other items of value from the ground for a profit, including gas and
oil wells.
MOBILE HOME
A factory constructed dwelling constructed prior to June
15, 1976, which does not meet federal Department of Housing and Urban
Development Code or New York State Building Code.
MODULAR HOME
A structure which is constructed according to the standards
set forth in the state building code and, among other possibilities,
may consist of two or more sections transported to the site in a manner
similar to manufactured housing, or a series of panels or room sections
transported on a truck and erected or joined together on the site.
Modular homes may or may not have an integrated chassis.
MOTEL
A building or group of buildings, whether detached or in
connected units, containing sleeping units or lodging facilities for
transient guests. Accessory facilities, such as restaurants, meeting
rooms, retail business activities and other similar services, which
solely accommodate the motel patrons and not the general public, are
allowed. The term "motel" includes buildings designated as auto cabins,
auto courts, motor lodges, tourist courts, hotels and similar terms.
MOTOR VEHICLE
Any vehicle designed to be propelled or drawn by power other
than muscle power, except electrically driven wheelchairs being operated
or driven by an invalid. This term shall include automobiles, trucks,
buses, motorcycles, tractor-trailers, boats, motor homes, snowmobiles,
all-terrain vehicles and garden and lawn tractors.
MOTOR VEHICLE OR MANUFACTURED HOME SALES
An open area, other than a street, used for the display,
sale, lease or rental of new or used motor vehicles or manufactured
homes in operable condition and where no repair work is done.
MOTOR VEHICLE REPAIR SHOP
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles for compensation.
NEIGHBORHOOD BUSINESS
Small commercial establishments, containing less than 6,000
square feet in gross floor area, catering primarily to nearby residential
areas and providing convenience goods and services, including, but
not limited to, grocery stores, drugstores, beauty salons, barbershops,
carry-out dry cleaning and laundry pickup stations.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure legally existing at the time of enactment
of this chapter or any amendment thereto, and which does not conform
to the area or dimensional regulations of the district or zone in
which it is situated.
NONCONFORMING LOT
A lot of record existing at the date of the enactment of
this chapter which does not have the minimum width, depth or area
for the district in which it is located.
NONCONFORMING USE
Any use of land, buildings or structures legally existing
at the time of enactment of this chapter, and which does not legally
conform to the regulations of the district or zone in which it is
located.
OFFICE BUILDING
A building in which office use comprises more than 50% of
the total floor area. This does not include home occupations, where
offices are a secondary or incidental use.
OPEN SPACE
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
OPEN STORAGE
An unenclosed area used for temporary or seasonal storage
of vehicles, materials, building supplies, stock, or supplies for
later use in conjunction with a permitted principal use, accessory
use, or special permitted use.
PARKING, OFF-STREET
An off-street area with an appropriate means of vehicular
access to a street intended for the temporary storage of vehicles.
PARKING SPACE
Space available for the parking of one motor vehicle and
having an area of not less than 180 square feet (nine feet by 20 feet),
exclusive of passageways and driveways providing access thereto.
PERMITTED USE
A land use listed in the zoning district regulations of this
chapter as permitted.
PINBALL OR VIDEO GAME ARCADE
Any indoor place or enclosure in which is maintained or operated,
for the amusement, patronage, or recreation of the public, three or
more coin-controlled amusement devices, including the types commonly
known as "pinball," "video games," and "foosball."
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is located.
PRINCIPAL USE
The main or primary purpose for which a building, structure
or lot is to be used.
PROFESSIONAL OFFICES
The office or place of business where professional services
are offered and does not involve the sale of goods, or the keeping
of a stock-in-trade. Professional offices include, but are not limited
to, medical doctors, dentists, surgeons, attorneys, architects, engineers,
planners, accountants, real estate brokers, insurance brokers, psychologists
and chiropractors.
PROFESSIONAL SERVICES
A specific activity performed by a qualified person which
requires training and/or specialized study.
PUBLIC AND SEMIPUBLIC USES
This definition is intended to include, but not be limited
to, any one or more of the following uses, including grounds and accessory
buildings necessary for their use:
A.
Cemeteries and associated uses.
B.
Churches, places of worship, parish houses and
convents.
C.
Public or semipublic parks, playgrounds and
recreational areas when authorized or operated by a governmental authority,
school, or religious institution.
D.
Nursery schools, elementary schools, high schools,
colleges, or universities.
E.
Public libraries and museums.
F.
Not-for-profit fire, ambulance and public safety
buildings.
G.
Administrative office buildings and related
facilities operated by public agencies.
H.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes for adults,
or homes for the aged as the same are defined under the Public Health
Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
I.
Not-for-profit membership corporation or club
established for cultural, social, or recreational purposes.
J.
Day-care centers approved by the New York State
Department of Social Services.
PUBLIC MARKET
A site which provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
RECREATIONAL VEHICLE
A vehicle type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic types are:
A.
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet six inches, excluding awnings, and a body length of no more than 40 feet when factory equipped for the road.
B.
TENT CAMPERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
C.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
(1)
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
D.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RECREATION OR AMUSEMENT FACILITY
A facility used or designed to be used for either public
or private (commercial) recreational purposes. Outdoor facilities
include, but are not limited to, golf courses, driving range, miniature
golf, and race tracks. Indoor facilities include, but are not limited
to, bowling alleys and health clubs. This definition shall not include
stables or riding facilities or parks or playgrounds operated by a
government agency or nonprofit organization for public use.
RESERVOIR SPACE
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
parking space required by this chapter. One reservoir space shall
be 24 feet long and 10 feet wide.
RESIDENTIAL CONVERSION
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase the number of residential units in the structure.
RESTAURANT
Any establishment, however designated, at which food or drink
is sold for consumption to patrons seated within an enclosed building
or on the premises.
RETAIL FUEL OUTLET
Any establishment that sells gasoline, diesel, kerosene,
propane, or similar fuels to the public. This includes automobile
service stations, convenience stores, car washes or any other facility
that sells fuels.
RIDING STABLE
Any use housing animal livestock, such as horses, and providing
such livestock to the public for riding on a pay-per-use or fixed-fee
basis.
RIGHT-OF-WAY
Land set aside for use as a street, alley, or other means
of travel.
RIGHT-OF-WAY LINE
The line determining the street or highway limit of public
ownership. For the purposes of this chapter, the right-of-way line
and the street line shall have the same meaning.
ROAD, ARTERIAL
A road, normally a state highway, which serves or is designed
to serve heavy flows of traffic and which is used primarily as a route
for traffic between communities and/or other heavy traffic generating
areas.
ROAD, COLLECTOR
A road which serves or is designed to carry traffic from
minor streets to the arterial street system.
ROADSIDE STAND
Retail outlet, consisting of nonpermanent structures (movable
and temporary), for the sale of agricultural products grown principally
by the operator during the harvest season. (See also "farm market.")
ROOMING HOUSE
A dwelling other than a hotel, motel or tourist home, where
more than two persons are housed or lodged for hire with or without
meals. A rooming house is distinguished from a tourist home in that
it is designed to be occupied by longer-term residents as opposed
to overnight or weekly guests.
SATELLITE DISH ANTENNA
A combination of an antenna whose purpose is to receive communications
or other signals from orbiting satellites and other extraterrestrial
sources and a low noise amplifier whose purpose is to carry signals
into the interior of a building, but shall not include a telecommunications
facility as defined herein.
SEASONAL SERVICE RESTAURANT
A restaurant which operates only seasonally. Included are
coffee shops, lunch counters, and ice cream parlors.
SERVICE ESTABLISHMENT
A business primarily involved in the provision of services,
rather than goods, to other businesses or to the general public.
SETBACK
The horizontal distance between the street line, rear or
side lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
SHOPPING CENTER
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
SIGHT DISTANCE
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
SIGN
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of, an announcement, direction or advertisement.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
SIGN, OFF-PREMISES ADVERTISING
A sign which advertises an establishment, merchandise, service
or entertainment which is not sold, produced or manufactured or furnished
at the property on which said sign is located (e.g., outdoor advertising).
SITE PLAN
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A.
SITE PLAN, FINALA complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
B.
SITE PLAN, PRELIMINARYA tentative subdivision or site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
C.
SITE PLAN, SKETCHAn informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings, and the general layout of the proposed subdivision or site.
SITE PLAN REVIEW
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade.
SPECIAL PERMIT USES
Those particular uses which are specifically permitted in
a given district only when conditioning criteria enumerated in this
chapter are met.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. For example, structures include buildings, mobile homes, walls,
fences, signs, sheds, billboards and poster panels, docks, and/or
similar construction types.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure either:
A.
Before the improvement or repair is started;
or
B.
If the structure has been damaged and is being
restored, before the damage occurred.
SWIMMING POOL
Any body of water, or receptacle for water, having a capability
of a depth of 24 inches or more at any point, used or capable to be
used for swimming, bathing, or wading, whether installed or constructed
above or below ground, including both permanent and portable units,
including preformed or inflatable pools.
TAVERN
Any establishment, licensed by the State of New York, that
engages in the sale for on-premises consumption of alcoholic and nonalcoholic
beverage(s).
TELECOMMUNICATIONS FACILITY
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communications services, radio and television broadcast communications
and private radio communications services, and are regulated by the
Federal Communications Commission, both in accordance with the Telecommunications
Act of 1996 and other federal laws. A telecommunications facility
shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications
equipment and supporting masts, wires, structures, and buildings.
TEMPORARY USE
An activity or use conducted for a specified limited period
of time, not exceeding six months. This term shall include those uses
incidental to construction projects, festival tents/refreshments stands,
temporary real estate sales offices incidental to a subdivision project,
and similar type uses.
TOWNHOUSE
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
USE
The specific purposes for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE
A variance is any departure from the strict letter of this
chapter granted by the Zoning Board of Appeals as it applies to a
particular piece of property. Variances run with the land and are
not particular to any one landowner.
WHOLESALE ESTABLISHMENT
A business which is primarily involved in sales to other
businesses, either directly or as a broker, rather than to the general
public.
WINDMILL
An alternative energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a windmill.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
YARD, FRONT
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front line. (See also "setback, front.")
YARD, REAR
An open space extended 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 building and open
porches. (See also "setback, rear.")
YARD SALE
The temporary displaying of household items and clothing
for sale on a yard, porch or in a barn or garage. This term shall
include garage sales, barn sales, porch sales, tag sales and other
sales similar in nature.
YARD, SIDE
An open space on the lot with a principal building between
the principal building and the side line of the lot extending through
from the front yard to the rear yard, into which space there shall
be no extension of building parts other than two feet for rainwater
leaders, window sills, and other such fixtures and open steps. (See
also "setback, side.")
ZONING PERMIT
A document issued by the Code Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformity with this chapter.