As used in this chapter, the following terms shall have the
meanings indicated:
ADAPTIVE REUSE PROJECT
The proposed renovation or redevelopment of an existing unused,
underutilized or neglected sites/building and the property containing
such building for a new use.
[Added 4-20-2022 by L.L.
No. 1-2022]
ADEQUATE COVERAGE
Coverage for wireless telecommunications facilities is considered
to be adequate when there are no significant gaps in the availability
of wireless service.
ADULT USE
The use of any building, structure or land, or portion thereof,
for any purpose involving activities that are open to the public generally
but exclude or are required by law to exclude any minor by reason
of age, as set forth and defined herein.
A.
(1)
ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food, nonalcoholic beverages, and/or alcoholic beverages, which features topless and/or bottomless dancers, nude dancers, strippers, male or female impersonators, or similar entertainers.
(2)
ADULT MINI MOTION-PICTURE THEATERAn enclosed building, structure or any portion thereof with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons therein.
(3)
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building or structure or a portion of a building or structure, drive-in theater or other facility used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons therein.
(4)
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a spa, hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershop or beauty salon where massages are administered only to the face, scalp, neck or shoulders. This definition shall exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms, which do not receive their primary source of revenues through the administration of massages as well as those individuals holding New York State Department of Education licenses as a masseuse or masseur, who may also practice in a private residence in the Town of Lloyd.
B.
(1)
ADULT BOOKSTOREAn establishment or a business, whether retail or wholesale, having, as a substantial or a significant portion of its stock-in-trade, books, magazines or other periodicals and/or films and viewing materials for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment or business containing a segment or section devoted to the sale, viewing or display of such material.
C.
SPECIFIED ANATOMICAL AREAS:
(1)
Less than completely and opaquely covered:
(a)
Human genitals or pubic region.
(b)
The cleavage of the human buttocks.
(c)
That portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect
a point immediately above the top of the areola (the colored ring
around the nipple). This definition shall include the entire lower
portion of the breast but shall not be interpreted to include any
portion of the cleavage of the breast exhibited by a dress, blouse,
shirt, leotard, bathing suit or other wearing apparel, provided that
the areola is not so exposed.
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
D.
SPECIFIED SEXUAL ACTIVITIES:
(1)
Human genitals in state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
AFFORDABLE DWELLING UNIT
A residential unit available for rent or ownership within
the means, as hereafter provided, of a moderate-income household.
AGRICULTURE
Any activity connected with the raising of crops, including but not limited to field crops, fruits, vegetables, trees and forest products, nursery, floral, ornamental and greenhouse products, maple sap, Christmas trees, aquaculture products, woody biomass, lands devoted to a soil conservation or forestry management parcel, and the keeping, grazing, feeding and care of livestock to the extent permitted by §
100-15 of this chapter. This shall encompass any activity or use now permitted by the laws of New York State, engaged in by or on behalf of a farmer in connection with farming.
AGRICULTURE BUFFER
An area of land intended to protect uses on an adjoining
lot from the impacts of agricultural uses. Such buffer shall be created
during subdivision, site plan, or site plan amendment and shall include
natural or planted vegetation or fencing, or both, sufficient to provide
a visual and noise buffer as required by this chapter and shall not
be paved nor used for buildings, accessory buildings, parking or storage.
For purposes of this section the term "agricultural uses" shall apply
to lands in Ulster County, New York-Certified Agricultural Districts
and/or "farm operation" consistent with the New York State Agricultural
and Markets Law.
[Added 5-18-2022 by L.L.
No. 3-2022]
AGRITOURISM
Activities conducted by a farmer on a farm for the enjoyment
or education of the public, which primarily promote the sale, marketing,
production, harvesting or use of the products of the farm and enhance
the public's understanding and awareness of farming and farm life.
AIRSTRIP, PRIVATE
An airfield for the landing and takeoff of private airplanes
used exclusively for personal use or for agricultural practices such
as aerial spraying.
ANGLE OF CUTOFF
The angle, measured from the lowest point, between the vertical
axis and the first line of sight at which the bare source of light
is not visible.
ANIMAL HUSBANDRY
The keeping, grazing, feeding and care of animals other than
household pets for personal use. The term "animal husbandry" shall
not be construed to include the activities of fur farms, pig farms,
or cage-type poultry houses.
APARTMENT, ACCESSORY
A second dwelling unit occupying a maximum of 650 square
feet located in either an accessory structure or a principal building
on an owner-occupied single-family lot, for use as a complete independent
living facility with provision within the accessory apartment for
cooking, sanitation and sleeping. Such an apartment shall be clearly
accessory and incidental to the principal dwelling.
APARTMENT, BACK-FACING
A dwelling unit located on the first floor of a shopfront
building in the W-G District, with its windows facing any direction
other than directly onto Route 9W, and having a minimum gross floor
area of 450 square feet.
[Added 6-19-2013 by L.L. No. 4-2013]
APARTMENT, UPPER FLOOR
A dwelling unit located on an upper floor of a shopfront building, as described in §
100-26G, and having a minimum gross floor area of 450 square feet.
[Amended 6-19-2013 by L.L. No. 4-2013]
APPLICANT
Any person, firm, partnership, association, joint venture,
corporation, or any other entity or combination of entities, and any
transferee of all or part of the land at one location.
ARTISANAL USE
A trade or handicraft process by artists, food or craft workers
using traditional manual manufacturing methods such as those of a
carpenter, blacksmith, jeweler, sculptor, furniture-maker, potter,
or glassblower.
[Added 6-19-2013 by L.L. No. 4-2013]
ARTIST STUDIO
Working and/or teaching space for one or more painters, print
makers, photographers, jewelry makers, sculptors or artisans working
with paper, ceramics, clay and/or other fine art or craft materials,
persons working in the graphic or computer arts, or performing artists
such as musicians, dancers or theater artists. Tattoo appliers and
body piercers shall not be considered artists for the purpose of this
definition.
[Added 6-19-2013 by L.L. No. 4-2013]
ASSISTED LIVING FACILITY
A facility which provides or arranges for multiroom housing,
on-site monitoring, and personal-care services and/or home-care services
(either directly or indirectly), in a homelike setting, to five or
more adult residents unrelated to the assisted living provider.
[Amended 10-21-2020 by L.L. No. 4-2020]
AT ONE LOCATION
All adjacent land of the applicant if:
A.
The property lines are contiguous or nearly contiguous at any
point; or
B.
The property lines are separated only by a public or private
street, road, highway or utility right-of-way, or other public or
private right-of-way at any point; or
C.
The property lines are separated only by other land of the applicant
which is not subject to this section at the time of any permit, site
plan, development or subdivision application by the applicant.
AWNING
Any nonrigid material such as fabric or flexible plastic
that is supported by a frame that is attached to an exterior wall.
BANK
An organization or corporation organized under or subject to the provisions of Article
III of Chapter 2, the New York State Banking Law, and which includes trust companies, private bankers, savings banks, safe deposit companies, savings-and-loan associations, credit unions and investment companies.
BED-AND-BREAKFAST ESTABLISHMENT
A Class II home occupation within an owner-occupied single-family
dwelling, wherein not more than six rooms may be rented to transient
guests at a density not over two adults per room, and wherein a single
daily meal may be served to these overnight guests, but no other services
(beyond room cleaning) are provided.
BILLBOARD
An off-premises sign which is leased or rented for profit.
BLOCK
The sum of lots and rear lanes or alleys circumscribed by
streets.
BUILDING
Any structure having a roof supported by columns, piers or
walls for the housing, shelter, support, or enclosure of persons,
animals, or property.
BUILDING, ACCESSORY
A building subordinate to the principal building on the same
lot and used for purposes customarily incidental to that of the principal
building.
BUILDING COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
[Amended 6-8-2011 by L.L. No. 2-2011]
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished lot grade of all sides of the building to the highest
point of the roof, if the roof is flat, or to the average level between
the eaves and the highest point of the roof, if the roof is of any
other type.
BUILDING, PRINCIPAL
A building or structure in which is conducted the main or
principal use of the lot on which it is located.
CAMPGROUND
Any parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of tents, camping
or travel trailers.
CARRIER
A company licensed by the Federal Communications Commission
that provides personal wireless services.
CEMETERY
Land used or intended to be used for the burial of dead human
beings and dedicated for such purposes, including columbariums, mausoleums
and mortuaries when operated as part of the cemetery and within its
boundaries, and which can include a chapel, office, maintenance facilities
and aboveground storage vaults as accessory uses.
CERTIFICATE OF COMPLIANCE
Official certification issued by the Code Enforcement Officer
that a premises conforms to the approved site plan, special use permit,
and/or building permit and may be legally used or occupied.
CERTIFICATE OF OCCUPANCY
Official certification issued by the Code Enforcement Officer
that a building or structure conforms to the applicable provisions
of this chapter, the New York State Uniform Fire Prevention and Building
Code and other regulations and may be legally used or occupied.
CHURCH or PLACE OF WORSHIP
A church, synagogue, mosque, temple or other place of religious
worship, including a parish house, rectory or religious schoolroom.
CIDER MILL
A facility where apples, a portion of which are grown on
the premises, are processed into cider, and the sale of said cider
from the premises. Pasteurization may or may not be part of the process.
CIVIC OR YOUTH CENTER
A non-for-profit place for recreation, athletic and social
purposes which does not include any dwelling units or lodging or overnight
facilities.
CIVIC SPACE
An open space area permanently dedicated for public use,
or a site dedicated for a civic building such as a community center
or an elementary school.
CLEAR-CUTTING
A method of harvesting where all or virtually all trees on
a site larger than eight inches in diameter are removed.
CLUB
An organization and its facilities catering exclusively to
members and their guests for recreational, athletic or social purposes,
the activities of which are not primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities, except as required generally for the membership and purposes
of such club.
COASTAL AREA
That portion of New York State coastal waters and adjacent
shorelands, as defined in Article 42 of the Executive Law, which is
located within the boundaries of the Town of Lloyd, as shown on the
Coastal Area Map on file in the office of the Secretary of State and
as delineated in the Town of Lloyd Local Waterfront Revitalization
Program.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
CODE ENFORCEMENT OFFICER
The Town official charged with the administration and enforcement
of this chapter of the Town of Lloyd Town Code.
CO-LOCATION
The addition of a wireless telecommunications antenna and
related equipment to any existing tall structure or existing or approved
wireless telecommunications tower by any persons, corporations, firms,
associations or entities.
COMMERCIAL TIMBER HARVESTING
The harvesting of timber on a lot of two or more acres or
upon contiguous lots whose aggregate size is two or more acres.
COMMERCIAL VEHICLE
Any vehicle over 10,000 pounds used for commercial purposes.
Tractors, front loaders, excavators and other equipment used exclusively
for personal use to maintain the residential property where they are
stored are not considered commercial vehicles.
[Added 6-8-2011 by L.L. No. 2-2011]
COMPREHENSIVE PLAN
The Comprehensive Plan adopted by the Town Board for the
future preservation and development of the Town of Lloyd pursuant
to § 272-a of the Town Law, including any part of such plan
separately adopted and any update or amendment to such plan.
CONFERENCE CENTER
A facility used for business or professional conferences
and seminars, often with campus-type accommodations for sleeping,
eating and recreation.
CONSERVATION AREA
Vegetation and terrain left undeveloped and essentially unaltered
in its natural state.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created under the provisions of Article 49, Title 3, of the Environmental Conservation Law and/or § 247 of the General Municipal Law, which limits or restricts the development, management or use of such real property for the purposes of conservation of open space, agricultural land, as well as natural, cultural and scenic resources. Any such conservation easement shall comply with the regulations of §
100-34E.
CONSERVATION SUBDIVISION
A conservation subdivision permits greater design flexibility
and smaller average lot sizes than otherwise possible in a conventional
lot-by-lot subdivision in order to preserve open space on the remainder
of the property without increasing density for the tract as a whole.
Conservation subdivisions are authorized under § 278 of
New York State Town Law and are also known as "open space subdivisions"
or "cluster subdivisions."
CONVENIENCE STORE
A retail store containing less than 4,000 square feet of
gross floor area that is designed and stocked primarily to sell food,
beverages and household supplies to customers who purchase only a
relatively few items. Such establishments may include the retail sale
of gasoline, oil and other automotive fluids, although no repairs,
sales, or servicing of vehicles is permitted.
COUNTRY CLUB
A country club is a private club that offers a variety of
recreational sports facilities to its members such as a golf course,
swimming, horseback riding, and tennis. Country clubs may provide
dining facilities to their members and guests and may host catered
events, such as weddings.
COUNTRY INN
A single structure with no more than 20 guest rooms affording
overnight accommodations and food in accordance with this chapter.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which open space is bounded on two or more sides
by the walls of such buildings.
COVERED DEVELOPMENT PROJECT
Any development project in the Town that is required to provide
affordable dwelling units or lots under the provisions of this chapter.
Projects at one location, as defined herein, undertaken in phases,
stages, or otherwise developed in distinct sections shall be considered
a single covered development project.
CULTURAL CENTER
A facility that includes the display, performance, or enjoyment
of heritage, history, or the arts owned and operated by a public or
private nonprofit entity. This use includes but is not limited to
one or more of the following: museums, art galleries, artists' studios,
performance venues, or interpretive sites.
[Added 6-19-2013 by L.L. No. 4-2013]
DAY CAMP
Non-overnight camp providing recreation, arts and crafts,
and other activities for preschool and school-age participants, limited
to summer and other school vacation periods.
DAY CARE, FAMILY HOME
A program caring for children for more than three hours per
day per child where child day care is provided in a family home for
up to 10 children of all ages or up to 12 children all over two years
of age.
DAY-CARE CENTER
A child care center where child day care is not provided
in a family home which is maintained for the whole or part of the
day but for less than twenty-four-hour care of more than 12 children,
not related to the owner, operator, or manager thereof, whether such
facility is operated with or without compensation for such care, and
with or without stated educational purposes.
DAY CARE, ADULT
A daytime program that provides a variety of health, social,
and related support services to meet the needs of functionally and/or
cognitively impaired adults who can no longer be left at home alone.
Programs may include meals and transportation services to and from
a patient's home and specialized programs for individuals with Alzheimer's
disease or other chronic disorders.
DIRECT ACTIONS
Actions planned and proposed for implementation by an agency,
such as but not limited to a capital project, rulemaking, procedure
making and policymaking.
DRIVE-IN OR DRIVE-THROUGH FACILITY
A facility where patrons are served in automobiles, typically
through means of a window, which allows patrons to purchase products
or make transactions directly from a vehicle.
[Added 6-19-2013 by L.L. No. 4-2013]
DWELLING
A building designed exclusively or primarily for nontransient
residential use.
DWELLING, MULTIFAMILY
A building containing separate living quarters for three
or more families which share common building entrances.
DWELLING, SINGLE-FAMILY
A detached building designed for the use of one family, in
which not more than two borders may be sheltered and/or fed for compensation.
DWELLING, TOWNHOUSE
A one-family dwelling unit sharing a common wall or walls
with neighboring units, with each having separate entrances (usually
front and rear from the outside).
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating. cooking and sanitation.
[Amended 10-21-2020 by L.L. No. 4-2020]
ELIGIBLE HOUSEHOLD
A household whose annual income qualifies the household to
rent or purchase an affordable dwelling unit under the provisions
of this chapter.
ENRICHED HOUSING OR ADULT HOME
A facility which provides multiroom housing and congregate
dining and assures that assistance with activities of daily living
is available when needed to adult persons unrelated to the proprietor.
Such units shall offer, as a minimum, one unfurnished room, a private
bathroom, a kitchenette and a lockable door on the unit entrance.
"Enriched housing or adult home" is a level of care between nursing
care and independent living and includes a coordinated array of supportive
personal and health services available 24 hours per day to residents.
[Amended 10-21-2020 by L.L. No. 4-2020]
ENTERTAINMENT, COMMERCIAL INDOOR
A spectator use conducted within an enclosed building, such
as a motion picture theater or commercial performing arts venue.
[Added 6-19-2013 by L.L. No. 4-2013]
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of
a wireless telecommunications tower within which is housed the electronic
receiving and relay equipment for a wireless telecommunications facility.
Associated equipment may include air conditioning and emergency generators.
This term does not include offices, long-term storage of vehicles
or other equipment storage or broadcast studios.
ESSENTIAL SERVICES
The erection, construction, or alteration of underground
or overhead directional, transmission, or distribution systems and
uses by public utilities, business organizations, and federal, state,
county, or local governmental departments, commissions, or authorities,
for service related to natural gas, electrical, cable TV, telephone
and other communications, water, and sewer, including associated appurtenances
directly related to the directional, transmission, or distribution
system and uses; however, excluding a storage or treatment facility,
excluding an aboveground structure in excess of 100 cubic feet, excluding
all aboveground buildings, and excluding off-street parking lots containing
more than two parking spaces.
FAMILY
A.
One of the following:
(1)
One, two or three persons occupying a dwelling unit; or
(2)
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
B.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
(1)
The group must share the entire dwelling unit;
(2)
Occupants must live and cook together as a single housekeeping
unit;
(3)
Expenses for food, rent, utilities or other household expenses
must be shared by the group; and
(4)
The group is permanent and stable and is not transient or temporary
in nature.
FARM
Land and related machinery and buildings, including any farmhouse,
used in agricultural production, provided that the land meets one
or more of the following criteria:
A.
Enrollment within an agricultural district established pursuant
to Article 25-AA, §§ 303 and 304, of the New York State
Agriculture and Markets Law.
B.
Individual landowner commitment to agricultural land use pursuant
to § 306 of Article 25-AA of the New York State Agriculture
and Markets Law.
C.
Not less than seven acres of land used as a single operation
during the preceding two years for the production for sale of crops,
livestock or livestock products of an average gross sales volume of
$10,000 or more, or lands less than seven acres producing an average
gross sales volume of $50,000 or more, or such greater minimum dollar
amount that may at some future date be established by the New York
State Department of Agriculture and Markets, computed in accordance
with the requirements of § 301 of the afore-cited Agriculture
and Markets Law.
FARM, CONSERVED
Land that is or has been used in agricultural production
which has been preserved in perpetuity with a conservation easement.
FARMERS' MARKET
An establishment used by two or more producers devoted exclusively
to the direct retail sale of local farm and food products, including
locally processed products, directly from producers or processors
to customers. A farmers' market may be conducted as either a principal
or accessory use and may or may not involve the installation and use
of permanent structures.
[Added 6-19-2013 by L.L. No. 4-2013]
FARM MARKET
An accessory retail facility containing less than 4,000 square
feet of gross floor area, located on a farm parcel, owned and operated
by the owner or operator of the farm and intended for the sale of
local farm produce, farm products and related small-scale farm items
on either a seasonal or year-round basis.
FLOOR AREA, GROSS
The sum of the horizontal area of the floor or floors of
a building as measured from the exterior faces of exterior walls or
from the center line of walls separating two buildings, but not to
include attached or built-in garages, porches, patios or basements.
FOOTCANDLE (FC)
A unit of luminance amounting to one lumen per square foot.
One footcandle equals 10.76 lux.
FRONTAGE
The extent of a building or of land along a street.
FRONTAGE OCCUPANCY
The percentage of the lot width which must be occupied by
either a building facade or structures that screen parking, located
within the area between the minimum and maximum front setback, as
illustrated herein. The purpose of this requirement is to maintain
a sense of enclosure of the street. In the case of a shopfront building
with a recessed door or front courtyard, the recessed area shall be
deemed to be frontage for the purpose of determining frontage occupancy.
[Added 6-19-2013 by L.L. No. 4-2013]
FULLY SHIELDED FIXTURE
An outdoor lighting fixture that, by design of the housing,
does not allow any light dispersion or direct glare to shine above
the horizontal plane from the base of the fixture. Fully shielded
fixtures must be installed in a horizontal position as designed or
the purpose of the design is defeated and direct glare will result.
FUNERAL HOME
A building used to prepare deceased human beings for burial
or cremation and in which wakes and funerals may be held. Secondary
uses may include the display of the deceased, consummation of rituals
connected therewith before burial or cremation, the storage of funeral
vehicles and funeral supplies necessary for the preparation of the
dead for burial or cremation, and for the sale of caskets, urns, and
other funeral supplies. The definition of "funeral home" does not
allow cremation on site.
FURNISHING ZONE
The portion of the streetscape within the public right-of-way and located between the tree lawn and the sidewalk, as illustrated on Figure 12 in §
100-26H(2) of this chapter.
[Added 6-19-2013 by L.L. No. 4-2013]
GARAGE
An accessory building or part of a principal building used
only for the permitted storage of motor vehicles as permitted in this
chapter.
GLARE
The eye's line-of-sight contact with a direct light source
that causes annoyance, discomfort, or loss in visual performance and
ability.
GOLF COURSE
A type of outdoor recreation developed in accordance with
the standards of the United States Golf Association (USGA) for the
play over either nine or 18 regulation, executive or Par 3 holes of
the game of golf. The golf course facility may include a clubhouse
with a restaurant and other appurtenances integral to the overall
facility, practice putting greens, and a practice range but shall
exclude the use of netting for the constraint of golf balls on such
practice range. A private golf course may be a component of a country
club as defined herein.
GRADE, FINISHED
The finished grade at any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
GREENHOUSE AND NURSERY
A structure or place where trees, shrubs, vines and/or flower
and vegetable plants are grown and/or offered for sale, to be transplanted
onto the lands of the purchaser or by the nursery establishment itself.
HEIGHT OF THE LUMINAIRE
The height of the luminaire shall be the vertical distance
from the ground directly below the center line of the luminaire to
the lowest direct-light-emitting part of the luminaire.
HOME OCCUPATION
An occupation, trade, profession, or other business activity that is clearly a customary, incidental, and secondary (subordinate) use of an owner-occupied residential dwelling unit or accessory building by one or more family members residing within that dwelling unit, and which does not alter the exterior of the property or affect the residential character of the neighborhood. Home occupations shall be divided into the following classes, subject also to the provision of §
100-33:
[Amended 6-8-2011 by L.L. No. 2-2011]
A.
Class I: a home occupation which, including storage of materials
or products, does not occupy more than 500 square feet of gross floor
area or 20% of the gross floor area of the principal building, whichever
is less, and which does not employ any person at the property in which
the home occupation is conducted other than the resident of the dwelling
unit who has this dwelling as his/her primary residence.
B.
Class II: a home occupation which occupies an area greater than
that permitted for a Class I home occupation, up to a maximum of 1,500
square feet of gross floor area or 30% of the gross floor area of
the principal building, whichever is less, or which employs nonresident
employees.
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include a sanitarium and any other place for the diagnosis,
treatment or other care of human ailments, but not including those
for epileptic, drug, or alcoholic patients. The term shall not include
a rest home, medical clinic or nursing or convalescent home.
HOUSEHOLD
All the people who occupy a dwelling unit as their usual
place of residence, including a person living alone, related family
members, and unrelated individuals.
HOUSEHOLD INCOME
The gross annual income of all people who occupy a dwelling
unit as their usual place of residence, including unrelated individuals.
Household income includes but is not limited to taxable income, nontaxable
income, investment income, accident and health plan benefits, insurance
policy proceeds, distributions from trust funds, social security payments,
unemployment compensation, child support and alimony payments, excluding
the earnings of working minors and/or full-time students, alimony
paid and taxable tuition benefits.
HVWV CONCEPTUAL PLAN
The conceptual plan, found at Figure 2.1.1 of Appendix D
in the FGEIS and as approved by the Town Board in the New York State
Environmental Quality Review Act (SEQRA) Statement of Findings dated
August 20, 2014, for the development of the Hudson Valley Wine Village.
[Added 10-15-2014 by L.L.
No. 4-2014]
ILLUMINANCE
The emitted or reflected light on a surface. The unit of
measurement for luminance is footcandle or lux.
IMPERVIOUS SURFACE
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including
but not limited to concrete, oil and stone, tar or asphalt pavement,
or compacted soil or gravel. A deck with spaced boards at least 1/8
inch apart, a swimming pool surface, and a patio with a permeable
paving system shall not be considered impervious.
INDEPENDENT LIVING UNIT
A dwelling unit in a continuing care retirement community
that is unrestricted except as to an age requirement for occupancy.
INDUSTRIAL LIGHT
Includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as: beverage bottling, distribution and warehousing; contractors
offices and storage buildings; including general contractors, plumbers,
electricians, heating, ventilating, air-conditioning contractors,
masons, painters, refrigeration contractors, roofing contractors,
and other such construction occupations; distribution centers; ice
production, storage, sales and distribution; laboratories for research,
testing and experimental purposes; manufacture of computers, computer
peripherals, electrical appliances, electronic equipment, medical
instruments, and other similar products from previously manufactured
components; manufacture of precision instruments and equipment, such
as watches, electronics equipment, photographic equipment, optical
goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials, such as cardboard,
cement, cloth, cork, fiber, glass, leather, paper, plastics, wood,
metals, stones and other such prepared materials; printing and publishing.
[Added 10-15-2014 by L.L.
No. 4-2014]
INDUSTRIAL PARK
A type of planned industrial environment for a variety of
light industrial and related activities in which special emphasis
and attention are given to aesthetics and community compatibility.
Subdivided and developed according to the HVWV conceptual plan that
includes detailed provisions for streets and all necessary utilities,
the park provides serviced sites for a community of industrial and
industry-oriented uses. Adequate control of the land, buildings and
industrial operations is provided through zoning, private restrictions
incorporated as legal requirements in deeds of sale or leases and
the provision of continuing management, all for the purpose of assuring
attractive and efficient uses within the park and the harmonious integration
of the industrial area into the community in which it is located.
[Added 10-15-2014 by L.L.
No. 4-2014]
KENNEL
A place where three or more dogs or cats over six months
in age are bred, raised, sold, kept for sale, or boarded.
LIBRARY
A building used by a public or nonprofit institution for
the purpose of housing books, manuscripts, exhibits or other educational
materials.
LIGHT INDUSTRY
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries.
LIGHT TRESPASS
Light from an artificial light source that intrudes into
an area where it is not wanted or does not belong. Light trespass
includes glare from direct light as well as unwanted spill light.
LOADING SPACE
Any off-street space available for the loading or unloading
of goods and having direct usable access to a street.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Lloyd, approved by the Secretary of State pursuant to the Waterfront
Revitalization and Coastal Resources Act (Executive Law, Article 42),
a copy of which is on file in the office of the Clerk of the Town
of Lloyd.
LODGING
Premises available for transient renting of bedrooms such as a hotel or inn, but excluding bed-and-breakfast establishment and boardinghouse or rooming house as defined in §
100-8 of this chapter.
[Added 6-19-2013 by L.L. No. 4-2013]
LOGGING
The commercial harvesting of more than 20 mature trees of
a diameter greater than 12 inches at breast height and associated
activities such as staging areas, skid trails, heavy equipment like
skidders, tandem trucks and bulldozers.
LOT
A single contiguous parcel of land, undivided by streets,
devoted or to be devoted to a particular use, or occupied or to be
occupied by a building or buildings as permitted by this chapter,
together with such open spaces as are required under the provisions
of this chapter, and having its principal frontage on a street or
on such other means of access as may be deemed in accordance with
the provisions of law to be adequate as a condition of the issuance
of a building permit for a building or buildings on such land.
LOT AREA
The total horizontal area included within lot boundaries.
LOT, CORNER
A lot at least two adjacent sides of which each abut for
a total distance of 50 feet or more on streets or public places. On
a corner lot in residence districts, front yards are required on both
street frontages, and one yard other than the front yards shall be
deemed to be a rear yard and the other shall be deemed to be a side
yard.
LOT COVERAGE
That percentage of the lot area covered by the combined area
of all buildings, structures, parking lots, and impervious surfaces
on the lot.
LOT DEPTH
The horizontal distance between the front and rear lot lines,
measured at right angles to the front lot line.
LOT, FLAG
A lot with significantly less than the minimum required lot
frontage which generally consists of a narrow accessway (the "flagpole")
leading to the buildable rear portion of the lot (the "flag").
LOT LINE, FRONT
The line separating the lot from the street or streets. Corner
lots shall have front lot lines and front yard setbacks from all streets
that they enfront.
LOT LINE, REAR
The lot line which is generally opposite the front line.
If the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line not less than 10 feet long, lying
wholly within the lot and farthest from the front lot line.
LOT LINES
The property lines bounding a lot, as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at the front yard setback at right angles to the lot depth along a
straight line parallel to the front lot line.
LUMINAIRE
A complete lighting unit consisting of one or more lamps
(light sources), together with the parts designed to control the light
disturbance and other mechanical and electrical components.
LUX
A unit of luminance equal to one lumen per square meter.
MANUFACTURED HOME
A structure transportable in one or more sections that, in
the traveling mode, is eight feet or more in width or 40 feet or more
in length or, when erected on site is 320 square feet minimum and
that was built on or after June 15, 1976, on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and includes the plumbing,
heating, air conditioning, and electrical systems contained therein.
The term "manufactured home" shall also include any structure that
meets all the requirements of this definition except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the federal Department of Housing and Urban Development
and complies with the standards established under the national manufactured
housing construction and safety act of 1974, as amended. The term
"manufactured home" shall not include any travel trailer or self-propelled
recreational vehicle.
MANUFACTURED HOME PARK
Any parcel or contiguous parcels of land upon which two or
more manufactured homes, occupied for dwelling or sleeping purposes,
are or are designed to be located, regardless of whether or not a
charge is made for such accommodations. The term "manufactured home
park" shall include the term "mobile home park," "trailer park," "trailer
camp," "house trailer park" or other similar phrase.
MARINA
A dock or structure offering secure moorings for boats and
other marine vessels.
MARKET RATE UNIT
A residential unit available for rent or ownership that is
not restricted by the requirements of this section.
MEDICAL OR DENTAL CLINIC OR GROUP OFFICES
A building or complex of buildings planned as a whole with
shared access, signage and other facilities, operated and/or occupied
by one or more physicians, dentists, chiropractors or other licensed
practitioners of the healing arts for the examination and treatment
of persons solely on an outpatient basis.
[Added 6-19-2013 by L.L. No. 4-2013]
MEMORY CARE FACILITY
A facility which provides multiroom housing and specialized
care for people living with Alzheimer's and other forms of dementia.
[Added 10-21-2020 by L.L. No. 4-2020]
MINERAL
Any naturally formed solid material located on or below the
surface of the earth, including, but not limited to, sand, gravel,
stone, peat and topsoil.
MINING
Use of a parcel of land or contiguous parcels of land, or
portions thereof and all haulage ways and all equipment above, on
or below the surface of the ground, for the purpose of excavating
and producing a mineral for sale or exchange, or for commercial, industrial
or municipal use, not including the process of preparing land for
the construction of a structure for which a building permit has been
issued.
MINING SUBJECT TO STATE JURISDICTION
An operation which results in the mining or proposed mining
from each site of more than 1,000 tons or 750 cubic yards, whichever
is less, of minerals from the earth within 12 successive calendar
months or an operation which results in the mining or proposed mining
of over 100 cubic yards of minerals from or adjacent to any body of
water not subject to the jurisdiction of Article 15 of the New York
State Environmental Conservation Law or the Public Lands Law.
MIXED-USE DEVELOPMENT
A mixed-use development (MUD) is a unified project designed
in accordance with the conservation subdivision provisions of this
chapter. The developed portion of a MUD consists of a mix of residential
and compatible commercial and service uses scaled primarily to serve
the day-to-day needs of the MUD residents. It is designed to encourage
walking, reduce automobile trips, and prevent commercial strip development.
A MUD permits flexibility of design and layout to protect environmental
resources and create attractive places for people to work, live, and
congregate.
MODULAR HOME
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.
MOTEL or HOTEL
A building or portion thereof containing rooms occupied primarily
by transients who are lodged with or without meals and in which there
may be certain public rooms and halls for the use of all guests, and
in which are provided such services as are incidental to the use thereof
as a temporary residence.
MOTOR VEHICLE REPAIR SHOP
A building, premises, or portion of a building arranged,
intended or designed to be used for making repairs to motor vehicles,
their mechanical systems and their body structure, including painting.
MOTOR VEHICLE SALES
A use where motor vehicles are advertised or displayed for
the purpose of sale or lease, and where any automobile repairs are
incidental and related primarily to the sales of automobiles.
MOTOR VEHICLE SERVICE STATION
Any building, premises or portion thereof used for the sale
of gasoline or any other motor vehicle fuel, oil and other lubricating
substances, including any sale of motor vehicle accessories, and which
may or may not include facilities for lubricating or otherwise servicing
motor vehicles, but not including the painting thereof by any means.
MOUNT
The structure or surface upon which wireless telecommunications
antennas are mounted.
MUSEUM
A nonprofit, noncommercial institution operated as a repository
for a collection of literary, natural or scientific curiosities, objects
of interest or works of art, not including the regular sale or distribution
of the objects collected.
NA
Abbreviation for "not applicable."
[Added 6-19-2013 by L.L. No. 4-2013]
NAMEPLATE
Any sign not over one square foot and containing only the
occupant's name and/or street number.
NEIGHBORHOOD COMMERCIAL USES
Small-scale retail and service businesses which serve the
convenience needs of the neighborhood and are intended to be oriented
to and compatible with the neighborhood to be served.
[Added 10-15-2014 by L.L.
No. 4-2014]
NONCONFORMING LOT
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
NONCONFORMING STRUCTURE
A structure which does not satisfy the dimensional requirements
of this chapter for the district in which it is located but which
was not in violation of applicable requirements when constructed.
NONCONFORMING USE
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful prior to the adoption or amendment of this chapter.
NURSING CARE UNITS
Beds in a nursing facility that is licensed to provide health
care under medical supervision and continuous nursing care for 24
or more consecutive hours to patients who do not require the degree
of care and treatment which a hospital provides and who, because of
their physical or mental condition, require continuous nursing care
and services above the level of room and board.
NURSING HOME
A facility, institution, or portion thereof, providing therein,
by or under the supervision of a physician, multiroom housing, nursing
care and other health, health-related and social services for 24 or
more consecutive hours to three or more nursing home patients who
are not related to the operator by marriage or by blood within the
third degree of consanguinity, including, but not limited to, an infirmary
section which is identifiable as a nursing home unit in a special
area, wing or separate building of a public or voluntary home or of
a general or special hospital.
[Amended 10-21-2020 by L.L. No. 4-2020]
OFFICE
A business, professional, or nonprofit workplace in which
manufacturing processes, retail sales, construction, and warehousing
do not occur on the premises, including but not limited to professional
offices for attorneys, accountants, health care practitioners, architects,
engineers, surveyors, consultants, sales representatives, real estate
brokers, and financial planners. "Office" also includes business offices
that support or manage manufacturing, retailing, construction, and
warehousing, as well as research laboratories and other facilities
in which research activities are conducted.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town for the
publication of official notices of meetings and public hearings.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
OUTDOOR LIGHTING FIXTURE
An electrically powered illuminating device or other outdoor
lighting fixture including all parts used to distribute the light
and/or protect the lamp, permanently installed or portable, used for
illumination or advertisement. Such devices shall include, but are
not limited to, search, spot, flood, and area lighting for: buildings
and structures; recreational areas; parking areas, landscaping, signs
(advertising and other); streets; product display areas; building
overhangs, and open canopies.
OVERLAY DISTRICT
A type of zoning district or zone that supplements the zoning
regulations of the underlying land use district or districts to provide
additional protection of important environmental resources and/or
to permit certain types of economically productive uses that would
not otherwise be allowed in a particular land use district. Overlay
districts may overlap different land use districts, but they do not
change the use and dimensional requirements of the underlying land
use districts unless specifically stated in this chapter.
PARKING AREA
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having direct usable access to a
street.
PARKING STRUCTURE
A structure available to be used by the public or by tenants
to temporarily park registered and operable motor vehicles.
[Added 6-19-2013 by L.L. No. 4-2013]
PARK, POCKET
A small park less than 2,500 square feet in area and accessible
to the general public, that is located in close proximity to a public
sidewalk, and that provides green space, landscaping, benches and
other pedestrian amenities and which may include art.
[Added 6-19-2013 by L.L. No. 4-2013]
PATIO
An uncovered flat platform of earth with or without a surface
material or retaining walls. A patio with a roof or awning shall be
considered a porch.
PORCH
A roofed-over structure projecting out from the wall or walls
of a main structure and often open to the weather.
POSTER
A sign affixed to trees, natural vegetation, rocks, or utility
poles.
PRINCIPAL FACADE
The face of a building that contains the primary entrance
to the establishment.
PROFESSIONAL FORESTER
A graduate forester from a Society of American Foresters
accredited forestry curriculum who has at least two years of experience
in the field of forest management or timber product harvesting.
PUBLIC OPEN SPACE
That portion of a lot or site unencumbered by buildings,
outdoor storage areas, and certain impervious surfaces, that is intended
to provide light and air and is designed for either environmental,
scenic or recreation purposes and is available for use by the general
public. Public open space may include parks or playgrounds; plazas
or squares; a recreational area with trails; landscaped areas; or
land left in an undisturbed natural state. Public open space may be
all or part of commonly held land, whether owned privately or publicly.
[Added 10-15-2014 by L.L.
No. 4-2014]
QUALIFIED EASEMENT HOLDER
A.
A not-for-profit corporation organized inter alia for the conservation
or preservation of real property and which has the power to acquire
interests in real property. Such organization must have qualified
as exempt for federal tax purposes pursuant to § 501(c)(3)
of the Internal Revenue Code or any similar successor statutory provision;
or
B.
A state or a municipal corporation as that term is defined in
§ 2 of the General Municipal Law.
RADIO FREQUENCY ENGINEER
A certified or licensed radio frequency engineer specializing
in electrical or microwave engineering, especially the study of radio
frequencies.
RECESSED CANOPY FIXTURE
An outdoor lighting fixture recessed into a canopy ceiling
so that the bottom of the fixture is flush with the ceiling.
RECREATIONAL BUSINESS
A business which, for compensation, offers recreational services,
including but not limited to public stables, golf courses and driving
ranges, miniature golf, and other places of public or private entertainment.
RECREATIONAL VEHICLE, MOTORIZED
Any enclosed motorized vehicle on wheels which may be used
for temporary recreational dwelling purposes and containing any facilities
such as bunks, toilet or kitchenette.
REPEATER
A small receiver/relay transmitter of not more than 20 watts
output designed to provide service to areas which are not able to
receive adequate coverage directly from a primary sending and receiving
site in a wireless telecommunications network.
RESTAURANT
An establishment where prepared food is sold for consumption
on the premises or as takeout, including a bar or pub or other establishment
that sells food and alcoholic beverages for on-premises consumption,
but not including a drive-through restaurant.
RETAIL BUSINESS
An establishment selling goods to the general public for
personal and household consumption.
REUSE OF AGRICULTURAL BUILDINGS
Contemporary use, in the Agricultural District, of a building
or structure existing at the time of adoption of this chapter for
a use other than for which it was originally designed, intended and
occupied, e.g., adaptation of a former barn as a residential dwelling
or country inn.
ROAD
A private or public right-of-way serving as a means for vehicular
and pedestrian travel, over which the abutting owners have the right
of access, either existing or shown upon a subdivision plat approved
by the Town Planning Board as provided by law or on a plat duly filed
and recorded in the office of the County Clerk.
ROAD, SECONDARY
Any road in the W-G District, either existing or proposed,
except for Route 9W.
[Added 6-19-2013 by L.L. No. 4-2013]
ROADSIDE STAND
A structure which shall not exceed 250 square feet of gross
floor area where products grown on the premises or elsewhere by the
operator of the "roadside stand" may be sold or purchased.
SCHOOL, PRIVATE
A preschool, kindergarten, primary or secondary school licensed
by the New York State Board of Regents, furnishing a comprehensive
curriculum of academic instruction similar to that of a public school.
SCHOOL, PUBLIC
An educational institution operated by a public school district
under the laws of the State of New York.
SECURITY
A performance and/or maintenance bond duly issued by a bonding
or security company approved by the Town Board; or a performance and/or
maintenance bond duly issued by the developer/obligor accompanied
by security in the form of cash, certified check or United States
Government bearer bonds deposited with the Town Board in the full
amount by the obligor.
SECURITY BARRIER
A locked wall, fence or berm that completely seals an area
from unauthorized entry or trespass.
SEPARATION
The distance between one carrier's array of antennas and
another carrier's array.
SERVICE BUSINESS
A business or nonprofit organization that provides services
to the public, either on or off the premises. "Service business" does
not include retail business, restaurants, warehouses, offices, or
other uses separately listed in the Use Table.
SETBACK
The distance in feet between a structure and a property line.
SHOPPING PLAZA
Two or more retail, restaurant, and/or service establishments
that share a common parking lot.
SIDEWALK
The paved portion of the roadside dedicated to the use of
pedestrians.
SIGN
Any material, structure or device, whether fixed or mobile,
composed of lettered or pictorial matter displaying any advertisement,
announcement, notice or name, and including any representation used
to advertise or promote the interests of any person or business or
cause, when such is placed in view of the general public.
SIGN, ABANDONED
A sign is abandoned if the business it advertises was in
operation on the same premises but has not been in operation there
for 90 days or more.
SIGN AREA
All of the area of the frame or outline or plaque on which
the advertisement, name, letters, symbols, insignia, or other information
is displayed, within a single continuous perimeter enclosing the limits
of the sign surface, but not including structural support(s) if they
are not used for advertising. For any sign which consists of an insignia
or other device, but without background, and for a window sign consisting
only of letters and symbols affixed or painted on glass, sign area
shall be calculated as the smallest polygon or circle enclosing all
of the letters and symbols. For any sign with two faces and consisting
of a single flat structure or surface not over nine inches thick,
the area shall be calculated as viewed from one side only.
SIGN, CHANGEABLE
A sign with the capability of content change by means of
manual or remote input.
SIGN, FREESTANDING
Any sign not attached to or part of any building but permanently
affixed to the ground. Included are monument and post-and-arm signs.
SIGN HEIGHT
The height of a freestanding sign shall be measured vertically
from the established average grade directly below the sign or entry
level of the building or structure, whichever is lower, to the highest
point of the sign, including support structures.
SIGN, MONUMENT
A freestanding sign either with a base affixed to the ground
or mounted on short poles.
SIGN, OFF-PREMISES
A sign which promotes products, services or activities conducted,
sold or offered somewhere other than upon the same premises where
the sign is located.
SIGN, POST-AND-ARM
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
SIGN, PRIMARY
An establishment's principal sign, i.e., the sign which identifies
the business to passersby.
SIGN, PROJECTING
A sign attached to a building wall or structure that projects
horizontally or at a right angle more than nine inches from the face
of the building. Such signs shall be securely anchored and shall not
swing or move in any manner.
SIGN, ROOF
Any sign on or extending above the roofline of the building
on which it is erected.
SIGN, TEMPORARY
Any sign that is displayed only for a specified period of time as per §
100-28E and is not permanently mounted.
SIGN, WALL
Any sign that is painted on or attached directly to the outside
wall of a building and which may protrude not more than nine inches
from the wall.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place,
affixed or painted on glass or other window material.
SPILL LIGHT
Light shining beyond a facility that may annoy occupants
of the adjacent property.
STEEP SLOPES
Slopes of 15% gradient or greater. Slope determinations shall
be based upon five-foot USGS contour intervals, unless an applicant
elects to submit slope information with smaller contour intervals
or a specific section of the zoning or subdivision provisions of the Code requires the use of smaller contour
intervals.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a "story" if the ceiling
is more than five feet above the level from which the height of the
building is measured or if it is used for business purposes.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
STRUCTURE
A static construction or assembly of materials, the use or
occupancy of which requires a fixed location on or under the ground
or attachment to an object having such a fixed location. "Structure"
shall include, among others, buildings, dams, docks, stadiums, sheds,
storage bins, reviewing and display stands, platforms, towers, walls,
fences, swimming pools, tennis courts, gasoline pumps, billboards
and signs. "Structure" shall not include utility poles, wire and related
equipment.
STRUCTURE, ACCESSORY
A structure which is incidental and subordinate to the principal
use of a lot, water area or building, is detached from the principal
building on the lot, and is located on the same lot or water area
therewith.
SUBDIVISION
A.
The division of any parcel of land into two or more lots, blocks
or sites, or other division of land, with or without roads, and which
shall include resubdividing as defined in § 276 of the Town
Law;
B.
The land so subdivided or proposed to be subdivided;
C.
A parcel divided by an existing Town road.
SWIMMING POOL
Any artificial body of water or receptacle for water having
a depth at any point greater than two feet and used or intended to
be used for swimming or bathing and constructed, installed or maintained
in or above the ground out-of-doors.
TALL STRUCTURE
A structure which complies with the requirements of this
chapter and is of sufficient height to be used as a wireless telecommunications
mount. Such structures include, but are not limited to, water towers,
multistory buildings, church steeples, farm silos, radio or television
transmission towers, clock or bell towers, flagpoles, electric utility
transmission and distribution towers, and telephone poles.
THEATER
A building or part of a building devoted to the showing of
moving pictures or live performances on a paid-admission basis.
TOURISM/RECREATIONAL RESORT
A planned facility, under unified control and management,
accommodating a mix of resort-related uses focused on recreation.
A tourism/recreational resort shall include one or more indoor or
outdoor recreational elements, transient lodging to serve resort guests,
and customary accessory uses/services for a resort, such as food service/dining,
conference facilities, spa facilities, guest entertainment, and accessory
retail services for guests. A tourism/recreational resort may include
a wide variety of recreational elements, including but not limited
to swimming, equestrian uses, golf, outdoor recreational facilities,
nature trails, but shall in no event include discharge of firearms
of any type, automobile racing, carnivals, or any activities with
flashing lights. Guest housing may include a variety of styles, including
hotel, lodge, inn, and the like, but shall not include year-round
housing except for support staff and management of the facility.
TOWN ENGINEER
A professional engineer retained by the Town of Lloyd to
provide professional engineering services.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
TOWN'S HOUSING ADMINISTRATOR
The entity responsible for administering the Town of Lloyd's affordable housing regulations found in §
100-36 of this chapter. The Town Board may serve as the Town's housing administrator. Alternatively, the Town Board may appoint an employee(s), establish a committee, or contract with an outside entity to serve as the Town's housing administrator.
TRAILER, CAMPING
A folding structure mounted on wheels and designed for limited
travel, recreation and vacation use only.
TRAILER, TRAVEL
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation and vacation,
having a body length not exceeding 40 feet.
TREE LAWN
The off-street area within the public right-of-way immediately
adjacent to the street curb that accommodates street trees and which
serves to protect pedestrians on the sidewalk from vehicular traffic.
[Added 6-19-2013 by L.L. No. 4-2013]
UPLIGHTING
Any light source that distributes illumination above a ninety-degree
horizontal plane.
URGENT CARE FACILITY
A type of hospital providing medical care for illnesses or
injuries which require prompt attention but are typically not of such
seriousness as to require the services of a hospital emergency room.
[Added 10-21-2020 by L.L. No. 4-2020]
USE
The purpose for which any premises may be arranged, designed,
intended, maintained, or occupied, or any occupation, activity, or
operation conducted or intended to be conducted on a premises.
USE, ACCESSORY
A use which is customarily incidental and subordinate to
the principal use of a lot, water area or a building and located on
the same lot or water area therewith.
USE, PRINCIPAL
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained in compliance with the Town of Lloyd
Town Code.
VALUE-ADDED PRODUCTS
Goods produced from harvested crops with the defining or
distinguishing ingredient being grown by the producer.
VIEWSHED
An area that is visible from a public roadway or public trail
which encompasses natural landforms such as valleys, ridges, farmlands
and open space which may have inherent rural qualities and/or aesthetic
values as determined by those who view it.
WALLPACK FIXTURES
A lighting unit designed for direct mounting on building
walls whose primary function is to light building exteriors.
WAREHOUSE
A structure or structures in which materials, goods, or equipment
are stored, including mini storage facilities.
WATER-DEPENDENT USE
A commercial, recreational or not-for-profit activity, facility
and/or establishment that requires direct access to tidal surface
waters as an integral part of its daily operation. A water-dependent
use shall be construed to include the following activities, facilities
and establishments: marinas, yacht basins and all similar facilities
which provide short-term and/or long-term dockage/berthing for recreational
and commercial watercraft; fishing piers; party/charter/excursion
boat services; boat and canoe rental; and public swimming beach, but
not waterfront-compatible uses, which are defined separately in this
chapter.
WATERFRONT-COMPATIBLE USE
A commercial, recreational or not-for-profit activity, facility
and/or establishment that does not absolutely require a waterfront
location in order to function but which contributes to the economic
viability of water-dependent uses or which increases the public's
enjoyment of the waterfront. Waterfront-compatible uses shall be construed
to include restaurants; resort motels; bed-and-breakfasts; retail
shops/outdoor markets; offices of marine-related services; marine-related
not-for-profit philanthropic, fraternal, scientific research, social
or educational institutional offices or meeting rooms; picnic grounds;
public parks; maritime museums and outdoor theaters.
WETLANDS
NYSDEC-designated wetlands; federal wetlands regulated by
the U.S. Army Corps of Engineers; and any locally protected wetlands.
WILDLIFE REFUGE
An area designated for the protection of wild animals, within
which hunting and fishing are prohibited.
WINERY
The manufacturing of wine from grapes, a portion of which
are grown on the premises, by a small winemaker or winemaker licensee
as defined by the New York State Liquor Control Commission, and the
sale of said wine in a tasting room.
WIRELESS TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish telecommunications antennas.
WIRELESS TELECOMMUNICATIONS FACILITY
A facility for the provision of wireless telecommunications
services, as defined by the Telecommunications Act of 1996, and usually
consisting of an equipment shelter, a mount and/or antenna(s). Repeaters
shall be included in the definition of "wireless telecommunications
facilities."
WIRELESS TELECOMMUNICATIONS SERVICES
Includes three types of services which are regulated by this
chapter, including commercial mobile radio services, unlicensed wireless
services and common carrier wireless exchange access services for
cellular, personal communications services (PCS), enhanced specialized
mobile radio, specialized mobile radio and paging. Excluded from this
definition are services used for fire, police and other dispatch communications
or exclusively for private radio and television reception and private
citizens bands, amateur radio and other similar private, residential
communications.
YARD
An open space on the same lot with a building or structure,
which is unoccupied, except as may be specifically authorized in this
chapter. In measuring a yard, as hereinafter provided, the line of
a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building, excluding permitted
projections as defined herein, to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front lot line and the nearest line of the principal building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building.
YARD, REQUIRED/SETBACK AREA
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
YARD SALE
A temporary and periodic sale by the property owner of personal
items on a property.
[Added 6-8-2011 by L.L. No. 2-2011]
YARD, SIDE
A yard between the side line of the lot and the nearest line
of the principal building and extending from the front yard to the
rear yard or, in the absence of either of such yards, to the front
and rear lot line, as the case may be.