As used in this chapter, the following terms shall have the meanings indicated:
- ADAPTIVE REUSE BUILDING
- An existing building rehabilitated or converted to a new use while preserving and saving some of the unique features of the building that have historic value to the Town.
- 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.
- 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.
- AFFORDABLE DWELLING UNIT
- A residential unit available for rent or ownership within the means, as hereafter provided, of a moderate-income household.
- 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.
- 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]
- 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 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.
- 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.
- Any nonrigid material such as fabric or flexible plastic that is supported by a frame that is attached to an exterior wall.
- 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.
- An off-premises sign which is leased or rented for profit.
- The sum of lots and rear lanes or alleys circumscribed by streets.
- 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 DISPOSITION
- The placement of a building on its lot.
- 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.
- 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.
- A company licensed by the Federal Communications Commission that provides personal wireless services.
- 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.
- A method of harvesting where all or virtually all trees on a site larger than eight inches in diameter are removed.
- 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.
- 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."
- CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
- A development of residential dwelling units exclusively for persons who are at least 62 years of age or older, which provides a continuum of accommodations and care, including at least the following three components: independent living, enriched housing or adult home, and nursing care units; which provides continuing care as an integral part of the residential development.
- A. Continuing care for a CCRC is the provision of lodging and nursing, medical or other health-related services at the CCRC or another location to an individual pursuant to an agreement effective for the life of the individual, or for a period greater than one year, and in consideration of the payment of an entrance fee, with or without other periodic charges, provided that the person receiving the care is not related to the person who provides the care.
- B. Each component of a CCRC development shall be subject to all of the requirements relating to each particular use.
- C. To qualify as a CCRC, the applicant must demonstrate that the continuing care retirement community has received or will be able to receive a certificate of authority, pursuant to Article 46 of the New York State Public Health Law.
- 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.
- 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]
- 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, TWO-FAMILY
- A detached building containing two dwelling units only.
- DWELLING UNIT
- A building or portion thereof providing complete housekeeping facilities for only one family.
- 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 unit in a facility which is licensed to provide housing and congregate dining and to assure 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 who have been assessed to need these services.
- 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]
- EQUESTRIAN FACILITY
- A facility where horses are stabled or kept for riding.
- 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.
- 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.
- 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.
- FLAG LOT
- See "lot, flag."
- 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.
- 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]
- An accessory building or part of a principal building used only for the permitted storage of motor vehicles as permitted in this chapter.
- 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.
- 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.
- 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]
- 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]
- A place where three or more dogs or cats over six months in age are bred, raised, sold, kept for sale, or boarded.
- 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.
- 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]
- 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.
- 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.
- 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.
- 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.
- 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]
- 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.
- 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 NOT SUBJECT TO STATE JURISDICTION
- All mining which is not defined as mining subject to state jurisdiction.
- 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.
- The structure or surface upon which wireless telecommunications antennas are mounted.
- 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.
- Abbreviation for "not applicable."[Added 6-19-2013 by L.L. No. 4-2013]
- 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, 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.
- 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]
- 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.
- A roofed-over structure projecting out from the wall or walls of a main structure and often open to the weather.
- 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 ENGINEER
- New York State licensed professional engineer.
- 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]
- 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.
- RADIO FREQUENCY RADIATION
- The emissions from wireless telecommunications facilities.
- 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.
- 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.
- 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.
- RESTAURANT, DRIVE-THROUGH
- An establishment where prepared food may be purchased by motorists without leaving their vehicles.
- 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.
- 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.
- 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.
- The distance between one carrier's array of antennas and another carrier's array.
- SEQRA or THE STATE ENVIRONMENTAL QUALITY REVIEW ACT
- Article 8 of the New York State Environmental Conservation Law and the regulations promulgated thereunder found at 6 NYCRR Part 617.
- 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.
- 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.
- The paved portion of the roadside dedicated to the use of pedestrians.
- 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, AWNING
- Any visual message on an awning.
- 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.
- 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.
- See "road."
- 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.
- 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.
- 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]
- Any light source that distributes illumination above a ninety-degree horizontal plane.
- 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.
- VETERINARY OFFICE or ANIMAL HOSPITAL
- An establishment for the medical and/or surgical care of sick or injured animals.
- 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.
- 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.
- 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.
- 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.
- WIRELESS TELECOMMUNICATIONS TOWER
- A structure owned or operated for commercial purposes which serves as a mount for a wireless telecommunications antenna.
- 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.