A.Â
Word usage. For the purposes of this chapter, certain
terms and words shall be interpreted to have the following meanings:
B.Â
Controlling regulation. Where provisions of this chapter
impose greater restrictions than those of any statute, other ordinance
or regulation, the provisions of this chapter shall be controlling.
When the provisions of any statute, other ordinance or regulation
impose greater restrictions than this chapter, the provisions of such
statute, other ordinance or regulation shall be controlling.
Certain words and terms used in this chapter
are defined, for the purposes hereof, as follows:
Facilities and accessory grounds and structures that provide
a curriculum of junior college, college, graduate and postgraduate
instruction. Housing for students, faculty and staff is an allowed
component of an academic institution.
A detached subordinate building, the use of which is customarily
incidental to that of a principal building, which is located on the
same lot with such principal building.
Any structure, other than a wind turbine, related to the
use and purpose of deriving, collecting or distributing energy from
such wind turbines located on or associated with a wind energy facility,
small wind energy facility, or wind measurement tower.
[Added 11-12-2009 by L.L. No. 2-2009]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building or on an adjacent lot, if in the same ownership and a
part of the same establishment and contributing to the comfort, convenience
or necessity of occupants of the principal building or principal use.
Land lying within the area defined in Subdivision 1 of § 9-0101
of the Environmental Conservation Law of the State of New York, including
any future amendments thereto.
A substantial or significant portion of its stock-in-trade shall be determined to exist if more than 20% of its gross sales receipts comprise items described in Subsection A(1) or (2) hereof or more than 20% of the net square footage of the establishment is dedicated to the display or advertising of items described in Subsection A(1) or (2) hereof or more than 100 square feet of net floor is dedicated to the display or advertising of items described in Subsection A(1) or (2) hereof.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment not conducted, sold or offered
upon the same premises where the sign is located. Billboards are included
in this definition.
Any person who can show written proof that he/she is acting
for the property owner.
The conversion of agricultural products, including slaughterhouses,
canneries and packinghouses.
Any barn, stable, shed, silo, garage, farm housing, permanent
fruit or vegetable stand, observation tower or other structure directly
and customarily associated with agriculture or forest management activities.
Any management of any land for agriculture; the raising of
cows, horses, pigs, poultry and other livestock; horticulture or orchards;
including the sale of products grown or raised directly on such land
and the construction, alteration or maintenance of fences, agricultural
roads, agricultural drainage systems and farm ponds.
Any material or treatment that serves to reduce or eliminate
dust generation on road surfaces. Such material or treatment need
not contain any bituminous materials but must provide a type of surface
which will remain durable through all types of climatic conditions.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; an enlargement,
whether by extending on a side or by increasing height; or the moving
from one location or position to another, excluding normal maintenance
or repairs.
Household pets, such as dogs, cats, birds, fish, etc.
Animals, including but not limited to sheep, horses, cattle,
goats, swine, fowl, ducks and geese.
Any sign designed to give forth sound or movement on any
portion thereof, either by the use of lights or a mechanical device
that simulates movement.
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations, but excluding performance
standards.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
public highways or in agricultural activities are held, whether for
the purpose of resale of used parts therefrom; for the purpose of
reclaiming for use some or all of the materials therein, whether metal,
glass, fabric or otherwise; for the purpose of disposing of the same;
or for any other purpose. Such term shall include any place of storage
or deposit for any such purposes of used parts or waste materials
from motor vehicles which, taken together, equal in bulk two or more
such vehicles; provided, however, that the term "junkyard" shall not
be construed to mean an establishment having facilities for processing
iron, steel or nonferrous scrap and whose principal product is scrap
iron, steel or nonferrous scrap for sale for remelting purposes only.
For the purpose of this definition, "motor vehicle" shall mean all
vehicles propelled or drawn by power other than muscular power, originally
intended for use on public highways or in agricultural activities.
The use of land or buildings primarily for the display and
sale of new or used motor vehicles, which may include repair or service
facilities.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where automotive
repairs may be made and automobiles may be washed. This definition
includes the repair, painting, cleaning and detailing of automobile
bodies.
An institution which deals in money and credit and in which
money and/or other valuables may be deposited for safekeeping.
The cross-sectional area of a tree 4Â 1/2 feet above
the ground.
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
A residential lodging facility in an owner-occupied dwelling,
offering from one to three bedrooms without kitchen facilities and
housing transient guests for a daily fee. The facility may provide
breakfast.
Any material or treatment, containing a mineral pitch or
asphalt base, which provides a durable road surface able to withstand
all types of climatic conditions.
A private dwelling in which three to six rooms, with or without
meals, are offered for rent. A house or a finished rooming house shall
be deemed a "boardinghouse" if more than two rooms within it are available
for rent.
A written agreement issued by a qualified agent which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
Any structure wholly or partially enclosed within exterior
walls and columns or within exterior and party walls and a roof, affording
shelter or enclosure of persons, animals or property. When such a
structure is divided into separate parts by one or more fire walls
extending from the ground up, each part is deemed a separate building,
except as regards minimum side yard requirements.
The current Uniform Fire Prevention and Building Code of
the State of New York.
The percentage of the plot or lot area covered by the building
area.
The line of that face of the building nearest the front line
of the lot. This face shall include covered porches, whether enclosed
or unenclosed, or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
The vertical distance measured from the mean level of the
ground surrounding the building to the highest point of the roof,
but not including chimneys, spires, towers, tanks and similar projections
permitted within this chapter.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 11-22-2016 by L.L.
No. 4-2016]
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment sold or offered upon the same
premises where the sign is located.
Any area of land or water on which is located one or more
cabins, tents, travel trailers, houseboats or other accommodations
of a design or character suitable for seasonal or temporary recreation-oriented
occupancy, regardless of whether such accommodations are actually
occupied on a seasonal basis or otherwise.
A plot of ground upon which two or more campsites or seasonal
rental cabins are located and maintained for occupancy by tents, camper
trailers or other recreational vehicles as temporary living quarters
for recreational, educational or vacation purposes. The term "campground"
includes the terms "day camp," "group camp," and "travel trailer camp."
Includes camps, campgrounds, day camps, group camps, travel
trailer camps and seasonal rental cabins as defined herein.
That space of a building that is partially or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
Property used for internment of the dead.
A sewer or water system which serves a subdivision and which
is paid for with nonpublic funds and without special district taxation.
Daytime care or instruction of two or fewer individuals away
from their own homes for more than three but less than 24 hours per
day on a regular basis by an individual, association, corporation,
institution or agency, whether or not for compensation or reward.
A place, other than an occupied residence, providing or designed
to provide day care for any number of individuals, or an occupied
residence providing or designed to provide day care for eight or more
individuals.
An owner-occupied residence providing or designed to provide
day care for more than three but not more than seven children less
than 14 years of age.
A stand in which essentially all trees have been removed
in a single operation or a series of related operations.
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for the purposes of these regulations.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas without exceeding the overall maximum density permitted
by this chapter. Refer to § 281 of the New York State Town
Law.[1] The term "average density development" is normally a synonym
for cluster development; however, the term "average density development"
is used in this chapter only in reference to development within the
Adirondack Park boundaries, regulated under the requirements of the
Adirondack Park Agency.
The officer charged with enforcement of building or fire
codes.
A building for the cleaning of clothing and household goods.
Any extraction from the land of more than 50 cubic yards
in any two-year period of sand, gravel or topsoil for the purpose
of sale or use by persons other than the owner of the land or for
the purpose of use by any municipality.
The removal of forest crops from forest land for which the
landowner receives economic value either from sale or through utilization.
The cutting of 30 or fewer standard cords of firewood cut annually
for the owner's own use shall not be included in this definition.
Any use involving the sale, rental or distribution of goods
or commodities, either retail or wholesale, or the provision of recreation
facilities or activities for a fee or as otherwise defined by this
chapter.
[Amended 5-8-2008 by L.L. No. 1-2008]
A residence for a dependent population, sponsored by a charitable,
religious or government agency, providing a homelike environment and
supervision for the housing and care of dependent persons in a setting
that is integrated within the community, established similar to a
single-family residence with shared living area, kitchen and bathroom
facilities. The definition includes group homes, halfway houses and
supervised living facilities.
The long-range plan intended to guide growth and development
of the Town, expressing official contemplations on the course of its
housing, public utilities, community facilities, transportation and
land use distribution and intensity.
A multifamily project of one-family dwelling units, which
may consist of one, a part of one or more than one building, wherein
the real property title and ownership are vested in an owner who has
an undivided interest with others in the common-usage areas and facilities
which serve the development. The means of administration and maintenance
of common areas are mutually entered into by the respective owners.
A lot or a portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor. A "building
trade or construction contractor" is defined as but not limited to
carpenters, electricians, masons, site work contractors, plumbers,
HVAC technicians, general contractors, etc. No more than eight registered
vehicles with a gross vehicle weight of over 26,000 pounds may be
stored at the storage site.
[Amended 7-12-2007 by L.L. No. 2-2007]
A lot or a portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor. A "building
trade or construction contractor" is defined as but not limited to
carpenters, electricians, masons, site work contractors, plumbers,
HVAC technicians, general contractors, etc. No more than two registered
vehicles with a gross vehicle weight of over 26,000 pounds may be
stored at the storage site.
[Amended 7-12-2007 by L.L. No. 2-2007]
A retail store contained on one floor with a total floor
area of less than 5,000 square feet intended to provide a variety
of small goods needed immediately and often by consumers, including
newspapers, ready-made food items and candy, and which may include
gasoline, automobile parts or apparel.
An accessway designed for pedestrian traffic and dedicated
to public use.
A designed turnaround area for vehicles at the dead end of
a street.
Land and facilities thereon designed to provide for the daytime
care and instruction of children on a seasonal basis.
The legal or beneficial owner or owners of all the land proposed
to be included in a development proposal. The holder of an option
or contract to purchase, a lessee having a remaining term of not less
than 20 years or other person having an enforceable proprietary interest
in such land shall be deemed to be the developer for the purposes
of this chapter.
A sign which gives directions to a business, industry, profession,
commodity, service, event, activity or entertainment not sold or offered
upon the same premises where the sign is located.
A lot with the rear and front lot lines abutting existing
or proposed streets.
A use which, by design of facilities or procedures, encourages
or permits customers to receive service and obtain products, such
as banking and pharmacy services, but not including fast food, while
remaining in their vehicles.
Any stationary building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons,
including modular, panelized or sectional housing, but not including
hotels, boardinghouses and bed-and-breakfasts.
DWELLING, SINGLE-FAMILYA building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA building occupied by two families where not more than two individual dwelling units are separated by vertical walls or horizontal floors.
DWELLING, MULTIFAMILYA building designed for occupancy by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
One or more rooms with the provision for living, cooking,
sanitary and sleeping facilities arranged for the use of one family.
A property right giving the holder thereof right of access
to land for a specified purpose.
Facilities and accessory grounds and structures that provide
a curriculum of nursery, elementary, secondary academic and/or postsecondary
instruction, including public or private nursery schools, kindergartens,
elementary schools, high schools, trade schools or other types of
training facilities. Housing for students, faculty and staff is an
allowed component of an educational use.
An individual duly qualified and licensed to perform engineering
work in the State of New York.[2]
Any extraction from the land of more than 50 cubic yards
of sand, gravel, clay, shale, rock, topsoil or other natural mineral
deposits.
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
Dwelling units located on an active farm which are accessory
to the agricultural use and are occupied by employees of the farm
or members of the farm household. Any farm housing shall be located
on the same parcel as the agricultural use.
As distinguished from a swimming pool, any standing body
of water used for the purposes of watering livestock, fish pond or
wildlife marsh.
A structure for the display and sale of farm products primarily
grown on the property upon which the stand is located.
The area on a lot covered by the solar energy system, including
the area between all of the solar energy systems on the lot.
[Added 11-22-2016 by L.L.
No. 4-2016]
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than three inches in diameter.
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years, as determined by the
Federal Insurance Administration of the Department of Housing and
Urban Development.
The ratio of the sum of the floor area of all stories of
a building or group of buildings, excluding cellars, on one lot to
the total lot area.
A retail business devoted to the retail sale of an assortment
of fast-moving packaged and perishable food and general household
items.
Any management of a forest or woodland, including logging
and the construction, alteration or maintenance of wood roads, skidways,
landing fences, forest drainage systems and other accessory uses and
structures customarily associated with forestry activities.
That side of a lot abutting a Town road or a road meeting
Town road standards, ordinarily regarded as the front of the lot.
For the purposes of determining yard requirements on corner lots,
all sides of a lot adjacent to a road shall be considered frontage.
A building or part thereof used for human funeral services.
Such a building may contain space and facilities for:
Embalming and performance of other services
used in preparation of the dead for burial, excluding cremation.
The performance of autopsies and other surgical
procedures.
The storage of caskets, funeral urns and other
related funeral supplies.
The storage of funeral vehicles.
Where a funeral home is permitted, a funeral
chapel shall also be permitted.
An independent dwelling unit within a private garage that
is accessory to a one- or two-family dwelling. The garage apartment
is restricted to 1,000 square feet for the apartment.
[Amended 11-12-2009 by L.L. No. 2-2009]
Any enclosed space for the storage of one or more motor vehicles
and within which space no business activity or industry connected
directly or indirectly with motor vehicles is conducted.
The average grade level of the ground measured at the front
wall of the building.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for onsite
consumption.
[Added 11-22-2016 by L.L.
No. 4-2016]
Any land or facility for seasonal housing and recreational,
educational or business-related use by private or semipublic groups,
such as Boy or Girl Scout camps, fraternal lodges or university or
college conference centers.
A profession or trade conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the residence for residential purposes,
and does not change the character thereof, and does not involve the
employment of more than one person who does not reside in the residence.
There shall be no exterior evidence, including signs, of such home
occupation.
A profession or trade conducted on a residential property and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residential purposes, and does not change the character thereof. A Type 2 home occupation may employ up to three persons. There may be a sign advertising the presence of the home occupation in accordance with Article XI of this Code. The sale of stock-in-trade or the entertainment of clients may be allowed. A special use permit is required for a Type 2 home occupation.
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space, in accordance with New York State
law.
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 as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices.
A facility offering transient lodging accommodations for
a daily rate to the general public in which no provision is made for
cooking in any individual room or suite. A bed-and-breakfast offering
four or more rooms shall be included under this definition. A hotel
or inn may provide additional services, such as restaurants, meeting
rooms and recreation facilities.
Parents, children, brothers and sisters, grandparents, grandchildren
and spouses. The term includes members of a family, whether by adoption
or blood relation.
The ratio of the total area of parcel covered by impervious
surfaces to the total lot area. Impervious surfaces include buildings,
parking lots, roads, drives, accessways, sidewalks, paved drainageways
and any other surfaces covered by pavement or materials which substantially
impede the percolation of rainwater into the soil.
A sign indicating proximity and/or direction to a noncommercial
parcel of land, noncommercial service or noncommercial activity.
A single dwelling unit contained within and accessory to
a single-family detached structure.
Goods that are so worn, deteriorated or obsolete as to make
them unusable for their original purpose in their existing condition
but are subject to being dismantled, including but not limited to
used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap
lead or scrap zinc and all other scrap metals and their alloys and
rags, used cloth, used rubber, used rope, used tinfoil, used bottles,
old or used machinery, used tools, appliances, fixtures, utensils,
used boxes or crates, other lumber, used pipe or pipe fittings and
used tires.
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage or sale of wastepaper, rags,
scrap metal or discarded material or the collecting, storage, dismantling
or salvaging of machinery or vehicles not in running condition and
the sale of parts therefrom. The deposit on a lot of two or more wrecked
or broken-down machines or the major parts thereof for three or more
months will be deemed to make the lot a junkyard.
An establishment licensed to house dogs, cats or other domestic
animals more than six months of age and where the grooming, breeding,
boarding, training or selling of animals is conducted as a business.
A lot located to the rear of another lot that meets all the
requirements of this chapter, except minimum lot frontage, and has
access to a Town road or a road meeting Town road standards by a strip
of land in fee simple ownership, at least 40 feet wide.
The act of changing or enhancing the natural features of
a plot of ground (usually around a building) so as to make it more
attractive, as by adding lawns, trees, bushes, etc.
A solar energy system that is ground mounted and produces
energy primarily for the purpose of offsite sale or consumption.
[Added 11-22-2016 by L.L.
No. 4-2016]
A facility for the transitional residency of elderly and/or
disabled persons, progressing from independent living in single-family
units to congregate living where residents live in individual units,
either with or without cooking facilities, and share common meals,
health care, recreation facilities and nursing home services as the
need arises.
The act of storing, preparing for treatment, manufacturing
or assembling any article, substance or commodity not intended for
retail sale on the same premises, not to include the storing or processing
of raw materials.
That area comprised of the enclosed, occupied living accommodations
within a residence, exclusive of cellars, garages and open porches.
An off-street space, area or berth, with an appropriate means
of access to a street or way, intended for the temporary parking of
a vehicle while loading or unloading merchandise materials.
A street or road designated to provide access to abutting
property and not intended for through-traffic movement.
A parcel of land having a distinct and defined boundary as
described in a separate deed, occupied or capable of being occupied
by a building or buildings and by accessory buildings and/or uses,
including such open spaces as are required by this chapter, and having
frontage on an existing or proposed road.
LOT, CORNERA lot abutting upon two or more streets, roads or highways at their intersection or upon two parts of the same street, road or highway, such streets, roads or highways or parts of the same street, road or highway forming an interior angle of less than 105°. The point of intersection of the street lot lines is the corner.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street, road, highway or right-of-way line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street, road or highway is called a "side street, road or highway lot line."
LOT LINE, STREET, ROAD, HIGHWAY or RIGHT-OF-WAYA lot line separating the lot from a street, road, highway or right-of-way.
LOT WIDTHThe width of the lot at the building line measured at right angles to its depth.
LOT AREAThe computed area maintained within the lot lines.
LOT COVERAGE RATIOThe ratio of the area of a lot covered by buildings or structures to the total lot area.
The division of a single parcel into at least two or more
lots in such a way that it requires the construction of a new street
or public utility or the expansion or extension of an existing street
or public utility for the parcels to be developed or which involves
the creation of more than four lots.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembly
of component parts, the creation of products, and the blending of
materials such as oils, resins or liquors.
The act of removing any natural resources from the land.
This includes but is not limited to the removal of earth, rock, gravel,
sand and underground materials.
The division of a single parcel into at least two but not
more than four lots in such a way that it does not require the construction
of a new street or public utility or the expansion or extension of
an existing street or public utility for the parcels to be developed.
A building in part for one use and in part for some other
use not accessory thereto, where one use may be considered primary
and the other secondary.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is designed to
be used as a year-round detached single-family residence and which
is a complete independent unit to be occupied as permanent living
quarters, containing sleeping accommodations, a flush toilet, a tub/shower,
kitchen facilities and plumbing and electrical connections for attachment
to outside systems, whether placed on a foundation or not. Modular,
sectional and panelized dwellings are not included in this definition.
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
A contiguous parcel of land plotted with two or more mobile
home lots which are to be rented or leased for more than 90 consecutive
days but not sold. The management and maintenance of a mobile home
park shall be deemed to be the responsibility of a single owner or
operator, with improved lots and/or services being available under
a leasing arrangement.
A durable surface located on a mobile home lot which is to
be used for placement of and capable of supporting a mobile home.
A housing unit constructed off site consisting of more than
one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate.
A building or group of buildings, whether attached or detached,
containing for hire individual living and sleeping accommodations,
each of which is considered a unit, is provided with a separate exterior
entrance and a parking space and is offered for rental and use principally
by motor vehicle travelers. The term "motel" includes but is not limited
to every type of similar establishment known variously as an "auto
court," "motor hotel," "motor court," "motor inn," "motor lodge,"
"tourist court," "tourist cabins" or "roadside hotel."
Facilities owned and operated by the Town of Greenfield or
other municipality for the conduct of the Town's business, including
but not limited to municipal office buildings, schools, police and
fire stations, public works garages and facilities, public safety
facilities, solid waste disposal facilities, sewer systems, sewage
disposal facilities and similar uses.
A retail business with a total area of not more than 5,000
square feet devoted to the retail sale of an assortment of packaged
and perishable food and general household items.
A use, activity or structure which may have existed lawfully
prior to the adoption, revision or amendment of this chapter but which
fails to comply with the regulations currently applying to the district
in which it is located.
A wind energy conversion system consisting of a wind turbine
or mill, a tower, and associated control electronics, electrical collection
and distibution quipment or mechanical windmill components, and accessory
facilities or equipment, which is less than 35 feet in total height
and is not connected to the power grid.
[Added 11-12-2009 by L.L. No. 2-2009]
A state-licensed residential care facility in which nursing
and medical services are performed under the general direction of
persons licensed to practice in the State of New York, for the accommodation
of convalescent or other persons who are not in need of hospital care
but who do require, on a twenty-four-hour basis, nursing care and
related medical services. This definition shall include skilled nursing
facilities, intermediate care facilities, nursing facilities and life
care facilities.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business or for public or
semipublic activities in whole or part are included in this definition.
Any use of a primarily clerical or professional nature, such
as but not limited to insurance, government, real estate, legal or
medical services.
The map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and all changes and additions
thereto made under the provisions of the Town Law.
A parcel or parcels of land or an area of water or a combination
of land and water designed and intended for the private or public
use or enjoyment of the space. Open space may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit and enjoyment of the spot.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space.
An open area, a street, road or highway or other public way
used for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation for clients or customers.
Any space for the storage of more than three vehicles on
a continuing basis, such space being either for hire or accessory
to an existing building or use of land.
A permit issued pursuant to this chapter granting the holder
the right to construct, maintain, and operate a wind energy facility,
small wind energy facility, or wind measurement tower.
[Added 11-12-2009 by L.L. No. 2-2009]
Any individual, corporation, partnership, association, trustee
or other legal nongovernmental entity.
The cultivation by the occupant of land for an agricultural
or horticultural purpose.
A business with the primary purpose of providing service
to individual consumers, such as shoe repair, dry cleaning, laundromat,
barbershop, beauty parlor or bank.
The design of a development, including a plat of a subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, the intensity of use or density of development and
private streets, ways and parking facilities. The phrase "provisions
of the plan," when used in these regulations, shall mean the written
and graphic materials referred to in this definition.
A tract of land which is developed as a unit with a grouping
of residential, commercial and/or industrial buildings, together with
their accessory buildings and all appurtenant roadways, parking areas,
loading areas, open spaces and service buildings and facilities.
The final plans, drawings and supplementary details of a
subdivision which are to act as a guide for the actual subdivision
of the land and which, if approved by the Planning Board, shall be
submitted for filing with the County Clerk.
The salient features of a proposed subdivision, including
the preliminary plans, drawings and supplementary details indicating
the proposed layout of the subdivision, to be submitted to the Planning
Board for its consideration.
The building in which the primary use or function of the
lot is conducted.
The use which is primary and dominant to the lot.
A facility operated by a corporation, association or group
of people for the social, educational or recreational intent of the
dues-paying members and their guests, but not primarily for profit
nor to render a service which customarily is carried on as a business.
Adult uses are not allowed as part of a private club.
Land use or buildings under the auspices of a governmental
unit, public agency or those involving public benefit or advantage.
Hospitals, schools, parks and recreational facilities, cemeteries,
passenger stations, libraries, fire stations, public utility installations,
government offices or facilities (i.e., Town garage, landfill operation,
water or waste material treatment or pumping facilities, etc.), philanthropic
institutions, places of worship, community centers, day nurseries
and like uses are included in this definition.
Any federal, state, county, city, Town or village road which
is open to the public, or private road regularly used by multiple
persons for access to separate off-site parcels of land, access to
which is unrestricted by the owner(s) of said private road.
[Added 11-12-2009 by L.L. No. 2-2009]
A building, structure or lot used for or in connection with
the transmission, distribution or regulation of water, gas, electric,
telephone or other public utility service.
Recreational uses that involve structural development or
disturbance of the natural terrain. "Recreational uses" includes public
or commercial parklands, golf courses, playing fields, ice-skating
facilities, hiking facilities, nature preserves, bike paths, nature
walks, horseback riding, fishing, cross-country skiing, sledding,
sailing, motorboating, swimming, tennis court facilities, snowmobiling,
motorbiking and other more-intensive uses.
An institution that people regularly attend to participate
in or hold services, meetings and other activities. The term shall
not carry a secular annotation and shall include buildings in which
religious services of any denomination are held.
A facility for investigation of the natural, physical or
social sciences, which may include engineering and product development.
Any dwelling located off-site which is suitable for habitation on the date a wind energy facility, small wind energy facility, or wind measurement tower permit application is received by the Town and deemed complete by the Planning Board in accordance with § 105-133E, and for which a valid certificate of occupancy has been issued or should have been issued prior to such date. A residence may be part of a multifamily dwelling or multipurpose building, and shall include buildings such as hotels or motels, hospitals, day-care centers, dormitories, sanitariums and nursing homes.
[Added 11-12-2009 by L.L. No. 2-2009]
Any establishment which serves prepared meals for consumption
on the premises or for takeout. It includes the term "tavern" or "bar".
It does not include drive-in restaurants. See "drive-in establishment."
A business contained within a floor area of 5,000 square
feet or less, engaged in the sale of commodities to walk-in consumers
for direct consumption and not for resale, including apparel stores,
pharmacies, bookstores and other retail outlets, excluding gasoline
or filling stations.
A property right, giving the holder thereof right to access
to land for a specified purpose.
ALLEYA public or private way permanently reserved as a secondary means of access to abutting property.
ROAD, STREET or HIGHWAYA public thoroughfare which affords the principal means of access to abutting property, including an avenue, plan, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley.
ROAD, STREET or HIGHWAY CENTER LINEThe line determined by connecting the midpoints of the surfaced portion of any street, road or highway.
ROAD, STREET or HIGHWAY LINEThe limit of the street or highway right-of-way line. For the purpose of this chapter, "road line," "street line" and "highway line" shall mean the same.
ROADS, PRIMARY (also known as "arterials")Interregional roads conveying traffic between towns, villages and other urban centers. Efficient movement is the primary function of arterial roads; hence, they are designed to provide fast-moving, free-flowing traffic.
ROAD, SECONDARYA road or street designated for the movement of traffic between primary roads and local roads as well as for serving adjacent land uses.
ROAD, LOCALA road or street designated to provide access to abutting property and not intended for through traffic movement.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
onsite or offsite consumption.
Fences, bushes or trees or other natural and/or artificial
material which obscures the visual character of any given building
or use of land.
A building or group of buildings containing separate individual
and private storage spaces of varying sizes and available for lease
or rent for varying periods of time.
Any agreement, contract, easement, covenant or right in land
which burdens land for the benefit of an applicant or permittee such
that the burdened land is similar in character to land on which any
wind energy facility is located. A setback agreement must expressly
release any right which the owner(s) of such burdened land may have
in the enforcement of this chapter, and acknowledge the applicable
requirements of this chapter. All setback agreements shall run with
the land and be recorded to apprise any potential purchasers of such
land of the same at least for as long as any permit issued under this
chapter shall remain in effect. In the event a setback agreement lapses
prior to full decommissioning of the wind energy facility, small wind
energy facility, or wind measurement tower, the previously burdened
land shall be considered off-site, and the applicant, permittee or
owner of the same shall be required to bring the project into conformance
with the requirements of this chapter.
[Added 11-12-2009 by L.L. No. 2-2009]
The required minimum distance between the front line of a
building and the related front lot line. See "building, front line
of," and "lot line, front."
The required minimum distance between a rear lot line and
the rear of a building. The building rear line shall be measured from
any bay windows, covered porches, whether enclosed or unenclosed,
or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
The required minimum distance between a side lot line and
the closest side of a building. The building side shall be measured
from any bay windows, covered porches, whether enclosed or unenclosed,
or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
A system whereby water wastes from toilets, wash basins and
laundry and/or other facilities in dwellings, accessory buildings
or business or industrial establishments, or any combination thereof,
on two or more lots are conducted through pipes to a treatment plant
where wastes are treated, the solids and liquids separated and the
effluent, which has been treated to a level measuring against pollution,
discharged through an outfall sewer into an acceptable stream or other
permanent body of water.
An on-site method of sewage treatment (usually a septic tank
and a drainage field or fields) desired, installed, operated and maintained
by the owner of the premises in accordance with the requirements and
standards of the State Department of Health.
A lot used for two or more commercial units, attached or
detached, which relate to a common parking area and common points
of ingress and egress and a common circulation pattern.
Any structure or part thereof or any device painted or represented
which shall display or include any letter or word, model, banner,
flag, pennant, insignia, device or representation used as or which
is in the nature of an announcement, direction or advertisement. A
sign includes any billboard.
The parcel(s) of land where a wind energy facility, small
wind energy facility, wind measurement tower, or non-grid-only 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,
small wind energy facility, or wind measurement tower, or has entered
an agreement for said facility, shall not be considered off-site.
[Added 11-12-2009 by L.L. No. 2-2009]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics and electrical
collection and distribution equipment, and accessory facilities or
equipment, which has a nameplate capacity of not more than 100 kilowatts.
[Added 11-12-2009 by L.L. No. 2-2009]
Excavating for the purpose of removal of gravel, quarrying
and any soil removal.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 11-22-2016 by L.L.
No. 4-2016]
An electrical generating system composed of a combination of both solar panels and solar energy equipment. The following are general definitions which apply to § 105-134 of the Town of Greenfield Zoning Law.
[Added 11-22-2016 by L.L.
No. 4-2016]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 11-22-2016 by L.L.
No. 4-2016]
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in a district.
The building and land on which more than five horses are
kept.
[Amended 7-12-2007 by L.L. No. 2-2007; 11-12-2009 by L.L. No.
2-2009]
An accessory building in which no more than five horses are
kept.
[Amended 7-12-2007 by L.L. No. 2-2007]
That portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there is
no floor above it, then the place between the floor and the ceiling
above it.
That which is built or constructed, or a portion thereof,
either on site or prebuilt.
[Amended 5-8-2008 by L.L. No. 1-2008]
The workshop of an artist, sculptor, photographer or craftsperson,
including the sale of works or products produced therein.
The developer or contractor who will subdivide, the owner
of the land to be subdivided or any authorized agent of the developer,
contractor or owner.
Any division of land into two or more lots, parcels, blocks
or sites, whether adjoining or not, for the purpose of sale, lease,
license or any form of separate ownership or occupancy, including
grading, road construction, installation of utilities or other improvements
or any other land use and development preparatory or incidental to
any such division, by any person or by any other person controlled
by, under common control with or controlling such person or by any
group of persons acting in concert as part of a common scheme or plan.
"Subdivision of land" shall include any map, plat or other plan of
the division of land, whether or not previously filed. "Subdivision
of land" shall not include the lease of land for hunting and fishing
and other open space recreation uses.
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculating and/or controlled water supply.
An establishment devoted to the primary use of selling alcoholic
beverages for consumption on the premises; it may serve food as an
incidental use. A bar, grill, saloon, pub or similar establishment
shall be considered a tavern.
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals (for the purpose of communication).
A place of assembly for the showing of movies and the production
of plays and special events.
The highest point above ground level of any improvement related
to a wind energy facility, small wind energy facility, or wind measurement
tower. Total height as applied to wind turbines shall include the
highest point of any wind turbine blade above the tower.
[Added 11-12-2009 by L.L. No. 2-2009]
A two-story, single-family dwelling unit attached to another
similar dwelling unit, utilizing common open space and parking.
McKinney's and McKinney's Consolidated Laws of New York Annotated,
Book 61.
Any portable vehicle, including a tent camper, truck camper
or motor home, which is designed to be transported on its own wheels,
which is designed and intended to be used for temporary living quarters
for travel, recreational or vacation purposes and which may or may
not include one or all of the accommodations and facilities customarily
included in a mobile home, provided that any travel trailer used for
residential purposes for more than 30 consecutive days or 45 days
aggregate in any one calendar year shall be considered a mobile home.
A parcel of land under single ownership which is designed
and improved for use by two or more travel trailers for no more than
three months.
Wood which has been milled and dried but which has not been
treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
Permission by the Zoning Board of Appeals to use land for
a use or in a configuration which is not in accordance with or is
prohibited by the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this chapter.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by this chapter.
A structure or place for the medical care and treatment of
animals.
A building designed or used as a wholesale distribution center.
Any area for the disposal of garbage, refuse and other wastes,
including sanitary landfills and dumps, other than an on-site disposal
area directly associated with an industrial use.
A supply of water from a reliable source adequate to meet
the daily needs of dwellings and their permitted accessory buildings
or business or industrial establishments or any combination thereof
on two or more lots or parcels of land and having a system of intake
conduits or pipes, pumps, purification and storage equipment and facilities,
hydrants and other ancillary equipment and a system of distribution
mains and pipes whereby the potable water is conducted to the dwellings,
accessory buildings, business or industrial establishments or any
combination thereof located on the lots served by the system.
Any wind turbine or array of wind turbines designed to deliver
electricity to the power grid for sale with a combined production
capacity of more than 100 kilowatts of energy, including all related
infrastructure, electrical collection and distribution lines and substations,
access roads, and accessory structures, including accessory facilities
or equipment.
[Added 11-12-2009 by L.L. No. 2-2009]
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
[Added 11-12-2009 by L.L. No. 2-2009]
A wind energy conversion facility not involved in the production
or distribution of electricity but designed to do mechanical work
such as (but not limited to) pumping water or grinding flour.
[Added 11-12-2009 by L.L. No. 2-2009]
A wind energy conversion system consisting of a tower, nacelle,
and associated control or conversion electronics and equipment contained
within or atop the tower.
[Added 11-12-2009 by L.L. No. 2-2009]
A supply of potable water from a reliable source adequate
to meet the daily needs of a dwelling and its permitted accessory
buildings or a business or an industry on a lot or parcel of land
meeting the area and frontage requirements for use in the district
in which it is located and which supply of water is approved as to
potability, reliability and adequacy by the State Department of Health.
Such private water supply may be from an on-site well or from a spring,
stream, river, lake or other permanent source of water.
A building or buildings used as a wholesale distribution
center.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
YARD, FRONTAn open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unoccupied, shall be considered as part of the principal building and shall not project into a required front yard.
YARD, REARAn open space extending across the entire width of the lot between the principal building and the rear line of the lot.
[Amended 7-12-2007 by L.L. No. 2-2007]
YARD, SIDEAn open space on the same lot with a principal building, between the principal building and the side line of the lot and extending through from the front yard to the rear yard.
[Amended 7-12-2007 by L.L. No. 2-2007]
The individual appointed by the Town Board for the purpose
of handling the daily administration of the Zoning Law.
