A.Â
The following rules of construction of language shall apply to the
text of this chapter:
(1)Â
Words used in the present tense include the future tense.
(2)Â
Words used in the singular include the plural, and words used in
the plural include the singular.
(3)Â
Words used in the masculine form shall also include the feminine.
(4)Â
The word "lot" includes the word "plot" or "parcel."
(5)Â
The word "person" includes an individual, partnership or corporation.
(6)Â
The word "shall" is mandatory; the word "may" is permissive.
(7)Â
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(8)Â
A "building" or "structure" includes any part thereof.
(9)Â
The phrases "to erect," "to construct," and, "to build" each have
the same meaning and include excavation for a building and relocation
of a building by moving it from one location to another.
B.Â
If any section, paragraph, subdivision or provision of this chapter
shall be held invalid, such invalidity shall apply only to the section,
paragraph, subdivision or provision adjudicated invalid, and the remainder
of this chapter shall remain valid and in full effect.
C.Â
This chapter shall be interpreted in such a way, wherever possible,
so that the meaning of the words, phrases and sections herein shall
make them valid and legal in their effect.
D.Â
Whenever the requirements of this chapter are at variance with the
requirements of other lawfully adopted laws, rules, regulations or
ordinances of the Town, the one of these with the most restrictive
provisions or that imposing the higher standards shall govern.
As used in this chapter, the following terms shall have the
meanings indicated:
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcades, adult bookstores or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; adult theaters; escort
agencies; nude model studios and sexual encounter centers. Adult use
and entertainment establishments customarily exclude minors by reason
of age and are those businesses defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, computer programs, videotapes or compact disks, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, other periodicals, and any other similar paraphernalia, or other devices and paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical areas or an establishment that causes the exclusion of minors by reason of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food, nonalcoholic beverages and/or alcoholic beverages, which features topless dancers, entertainers who remove most or all of their clothing to reveal gender-related portions of the anatomy, male or female impersonators or similar entertainers.
ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical areas for observation by patrons therein.
A principal use that involves the following:
Wholesale raising, processing, packaging or other handling of
nonfood plant crops such as annual and/or perennial plant production
and may include minor retail sales as accessory use; or
Any business that has as the primary function support service
of active agricultural operations; or
Any business that provides processing, packaging, or handling
of agricultural products to prepare them for transport to a manufacturing
facility or retail market. This use does not include cooking, canning,
or other preparation of foodstuffs.
The following districts are considered agricultural: AR and
ARA, unless otherwise indicated. The use of this term must not be
confused with the agriculture districts as defined in Agriculture
and Markets Law § 303.[1]
The raising and incidental storage of agricultural products
(including farm crops, fruits, vegetables or nursery stock) for sale,
gain or commercial purposes. This term does not include the manufacturing
or processing of agricultural products as the principal use.
The raising of agricultural products (including livestock,
poultry, dairy cattle, fur-bearing animals, bees, other such animals,
and associated feed crops) for sale, gain or commercial purposes.
This term does not include riding academies, private stables or manufacturing
or processing of agricultural products as the principal use.
Any lot or other facility designed to be used and/or operated
either publicly or privately by any person for the landing and taking
off of aircraft, including all necessary taxiways, aircraft storage
and tie-down areas, hangars and other necessary buildings.
Any change, rearrangement, addition or enlargement to a building,
other than repairs, and any modification in construction.
A continuous commercial use in which six or more mechanical,
electrical or electronic machines or devices are used or designed
to be operated for entertainment or as a game, and either activated
by the insertion of a coin, token, etc. or for their operation or
the use of which a charge is made.
A fixed-base structure for the purposes of receiving television
and/or radio signals from orbiting satellites or other electromagnetic
transmissions.
The owner of a parcel on which a development is proposed,
and the developer of such parcel.
That space of building which is between the top of the uppermost
floor construction and the underside of the roof. (See "story.")
See "junkyard."
Any space of a building which is partly below finished grade,
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. (See also "cellar.")
A building containing a single dwelling unit in which at
least one, but not more than four, sleeping room is provided by the
owner for compensation, for the accommodation of transient guests
with no more than one meal served daily and the entire service is
to be included in one stated price.
A sign or structure which directs attention to an idea, product,
business activity, service, or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which such sign is situated.
(See "off-premises sign.")
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three, but no more than
six, sleeping rooms are offered for rent, with or without meals, to
nontransient guests. A lodging house or rooming house shall be deemed
a boardinghouse.
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a continuous physical screen preventing visual access and
reducing noise.
Any structure which is wholly or partially enclosed within
exterior walls, is permanently affixed to the land, has one or more
floors and a roof, and is intended for the shelter, housing or enclosure
of persons, animals or property.
A detached building subordinate to a principal building used
for purposes customarily incidental to those of the principal building.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
including open or enclosed porches, an attached carport or garage,
but exclusive of terraces and uncovered steps. Such horizontal area
of each building is the area within and circumscribed by the exterior
faces of the outer walls and/or architectural elements of the building.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot with one owner and having any yard
in common.[2]
The line, established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, as specifically provided in Article V of this chapter. In the instance of a cantilevered section of a building or projected roof or porch, the building line shall be measured from the most projected surface.
The vertical distance measured from the average finished
grade to the highest point of the roof and to the mean height between
the eaves and ridge for a pitched, gable, hip, gambrel and mansard
roof.[3]
A building in which is conducted the main, primary or principal
use of the lot on which said building is situated.
A term to describe the size, volume, area and shape of structures
and the physical relationship of their exterior walls or their location
to lot lines, other buildings and structures, or other walls of the
same building; and of all open spaces required in connection with
a structure or parcel.[4]
That part of a structure or tract of land which does not
conform to one or more of the applicable density control and bulk
regulations of this chapter, either following its effective date or
as a result of a subsequent amendment thereto.
A building, premises or portions thereof where vehicles are
washed either by the patron or others using machinery and mechanical
devices specifically designed for this purpose.
That nonhabitable space of a building that is partly or entirely
below average finished grade, which has more than 1/2 its height,
measured from the floor to ceiling, below the average established
curb level or finished grade of the ground adjoining the building.
(See also "basement.")
A building or premises used for regular public worship by
members or representatives of a religious sect, group, or organization
as defined by state statute.
A certified, not-for-profit organization catering exclusively
to members and their guests, or premises and buildings for recreational,
educational, or athletic purposes, which are conducted for or primarily
by members and their guests, for which a membership fee is paid.
Any vehicle with a net vehicle weight of five tons or more
and/or more than three axles or trailer longer than 18 feet.[5]
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
Includes but shall not be limited to the following: Code
Enforcement Officer; Town Highway Superintendent; Fire Commissioners;
Chemung County Sewer District #1; Chemung County Department of Public
Works; other local and county officials; designated private consultants;
representatives from federal and state agencies, including, but not
limited to, the Natural Resources Conservation Service, Department
of Transportation, and the Department of Environmental Conservation.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery, or vehicles,
or parts thereof.
A building used for the accommodation and care of persons
receiving unskilled, long-term care, meeting the New York State Department
of Social Services (NYSDSS) definition of a "proprietary" facility.
(See also "nursing home.")
A commercial retail use that combines two principal uses
on a single parcel: the sale of motor vehicle fuel and accessory substances,
as well as the sale of groceries.
That lot area or percentage of lot area covered by buildings,
including accessory structures and all other impervious surfaces.
Water confined within a swimming pool shall be considered an impervious
surface when determining lot coverage, unless the Town Drainage Officer
or his/her designee finds that the pool design would accept water
runoff consistent with surrounding pervious surfaces.[6]
A place which provides day care for children as defined and
regulated by NYSDSS regulations. The name, description, or form of
the entity which operates a day-care center shall not affect its status
as a day-care center. The term "day-care center" shall not refer to
care provided in:
Day care provided in the caregiver's residence in accordance
with NYSDSS definitions and regulations.
Day care provided in the caregiver's residence in accordance
with NYSDSS definitions and regulations.
As defined by the NYSDSS and as may be amended.
As defined by the NYSDSS and as may be amended, to include
care provided for three or more children away from their own homes
in a day-care center, excluding those children receiving family day
care as defined in this chapter. Such care shall be for more than
three hours and fewer than 24 hours per day per child to any child
accepted for care therein. The term "day care of children" includes
services provided with or without compensation or payment.
A flat, roofless platform structure attached to a principal
structure. For purposes of the setback requirements of this chapter,
a deck is considered part of the structure to which it is attached.
(See "patio.")
Any entity undertaking a proposed development.
Any man-made changes to improved or unimproved real estate,
including, but not limited to, the construction or reconstruction
of buildings, construction of tanks or other storage facilities, pumps,
pumping stations, waste treatment or disposal facilities or commercial
excavation, dredging, filling, mining, or grading.
That mapped portion of the Town within which specific uses are permitted according to the designation applied thereto in Article III and in conformity with the provisions of this chapter.
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
See "solid waste disposal facility."
A dwelling that is constructed principally below the finished
average grade elevation of the lot on which it is located and with
at least one wall open for a height of at least six feet and/or providing
for special light and ventilation designs.
A building containing three or more dwelling units with shared
or individual entrances and shared or individual other essential facilities
and services.
A building containing one dwelling unit.[7]
A building containing two dwelling units.
One or more rooms connected together, consisting of a separate,
independent housekeeping establishment for owner occupancy, rental
or lease, and containing independent cooking, living, sanitary and
sleeping facilities ("essential facilities and services"). This shall
include mobile homes and factory-manufactured units, provided they
meet the standards of this chapter and the Uniform Fire Prevention
and Building Code as may be hereafter amended. It shall not include
motel, hotel, boardinghouse and lodging establishments. The term is
sometimes abbreviated "DU" herein.[8]
A dwelling unit that incorporates in the same building a
principal use that is a business or nonresidential use.
A dwelling unit constructed off-site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation, to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the Division of
Housing and Community Renewal of the State of New York.
A family shall consist of the following:
One person maintaining a household for him- or herself; or
Two or more persons, whether or not related by blood, marriage
or adoption, maintaining a common household; or
Not more than five persons not related by blood, marriage or
adoption who live together in a single dwelling unit and do not maintain
a common household.
An artificially constructed, freestanding structure or barrier
of wood, masonry, stone, wire, metal or any other manufactured material
or combination of materials.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade in computing height of buildings and other structures or for
other purposes shall be the average elevation of all finished grade
elevations around the periphery of the building.
A lot or parcel with only outdoor stalls, booths, or selling
spaces rented for the purposes of selling used and new consumer merchandise,
antiques, art, craft items and collectibles.
The aggregate sum of the gross horizontal area of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating the buildings. The floor
area of a building or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing structural headroom of seven feet six inches or more for
at least 50% of the area.
Interior balconies and mezzanines.
Enclosed porches.
Attached garages.
However, the floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purposes of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks, and cooling
towers.
Floor space used for mechanical equipment, with structural headroom
of less than seven feet six inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches for
50% of the area.
Uncovered steps and/or exterior fire escapes.
Terraces, breezeways, open porches, and outside balconies and
open spaces.
The perimeter of a structure at ground level as depicted
at a specified scale on a drawing.
A carport or enclosed structure, whether accessory or attached
to the principal structure, for use by the inhabitants of the structure
for the storage of vehicles, boats, and/or other personal property.
Any lot or other facility designed to be used and/or operated
either publicly or privately by any person for the landing and taking
off of helicopters, including all necessary taxiways, aircraft storage
and tie-down areas, hangars and other necessary buildings.
A business conducted as an accessory use, which is clearly
incidental to or secondary to the residential use of a dwelling unit
and does not change the character thereof, and which is carried on
wholly within the enclosed walls of a dwelling unit by the business
proprietor of such use, who shall be an occupant of such dwelling
unit, and other occupants of such dwelling unit.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities, medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury which requires
bed care (source: § 206-a of the Public Health Law).
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may or may not include dining and/or
meeting facilities. This term shall not be deemed to include a bed-and-breakfast
or boardinghouse.[9]
A transportable, factory-built structure designed to be used
as a year-round dwelling unit and built prior to the enactment of
the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
Private driveways, county sewer, Town and domestic water
supply, and other such facilities as proposed on a site plan, inasmuch
as the responsibility for maintenance is that of a public entity,
the stormwater management system and its components, traffic control
devices, and roadway improvements.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
Any business conducted as an accessory use, which is clearly
incidental to or secondary to the residential use of the dwelling
unit and does not change the character thereof, conducted either in
the dwelling unit or the accessory structure by the business proprietor
of such use, who shall be an occupant of the dwelling, other occupants
and up to a maximum of three employees.
Any premises maintained for animals wherein any person engages
in the business of boarding, breeding, buying, letting for hire, training
for a fee or selling dogs or cats.
Any place operated on a regular basis for the purpose of
providing state-certified instruction for children at least five years
of age by December 1 of the entry year and no older than six years
of age by the same date. The term "school" includes "kindergarten."
A live, deciduous tree that is a minimum of 12 inches in
diameter at breast height (dbh).
A parcel considered as a unit, devoted to a specific use
or occupied by a building or a group of buildings united by a common
interest, use or ownership, which abuts and is accessible from a private
or public road.
The total area within the lot boundary lines, excluding any
area included in a right-of-way and any area within 25 feet of the
center line of a private road.
See "coverage."
The mean distance from the front lot line to the rear lot
line.
A lot line which is coincident with the right-of-way line
of a public road or which is measured 25 feet from the center line
of a private road.
The lines bounding a lot as defined herein.
A lot which faces on two roads at opposite ends of the lot
and which is not a corner lot.
The width of a lot measured along the minimum front yard
setback.
A place where medical or dental care is furnished to persons
on an outpatient basis by two or more physicians who have common offices
in a building which shall also offer laboratory, medical procedure,
and testing facilities to patients on an outpatient basis and not
just in conjunction with normal clinic services.
A dwelling unit bearing a seal issued by the Federal Department
of Housing and Urban Development that is manufactured as a relocatable
living unit, which is designed to be transported on a single permanent
chassis and to be installed on a site with or without a permanent
foundation when connected to utilities. This does not include Department
of Motor Vehicles registered recreation vehicles, travel trailers
or dwelling units that are prebuilt in one or more parts and transported
to and assembled on a permanent foundation.
A notice issued by the Code Enforcement Officer upon completion
of construction, alteration or change in occupancy or use of a building
and/or land. The notice shall acknowledge completion of all requirements
of this chapter, any conditions of approval attached to such use by
the authorized board, and any adjustments thereto granted by the Zoning
Board of Appeals. The notice is a permit to occupy and use the structure
and/or lot in accordance with the approval.
A nonpublic school organized for the purpose of educating
three or more children less than seven years of age for fewer than
three hours per day, two sessions may be held daily, as registered
and certified by the New York State Education Department under 8 NYCRR
125. (See also "day-care center.")
A skilled nursing care facility as defined by New York State
Department of Social Services regulations and as may be amended from
time to time.
A nonretail, office or agency providing service to the general
public or other offices and agencies, such as insurance brokers, real
estate and/or travel agents, computer programming, consulting organizations,
etc.
An office principally occupied by a professional licensed
by the State of New York, such as a lawyer, engineer, architect, accountant,
physician, dentist, or similar occupation.
A contiguous tract of land under the control of the applicant
or his agent that is not divided by any natural or man-made barriers
such as existing streets and highways, or public rights-of-way identified
on the Official Map and is not bisected by bodies of water.[10]
A contiguous parcel of land owned by a person on which two
or more mobile homes of less than 1,200 square feet and/or having
an overall exterior dimension of less than 20 feet, or two or more
single-unit dwellings of less than 1,200 square feet and/or having
an overall exterior dimension of less than 20 feet are located.[11]
Any tract of land the principal use of which is the storage
of motor vehicles not as accessory to any other use on the same or
any other lot, and which may contain parking space rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
An off-street space available for parking one vehicle, not
including the maneuvering area and access drives thereto.
An outdoor paved or impervious space generally used for dining
or recreation that adjoins a structure.[12]
A nonretail business principal use providing services related
to an individual's care and upkeep needs, and/or the care and upkeep
of personal attire, such as a barber, beautician, or tailor.
An area designed as a single parcel, including predominantly multiunit dwelling units, but may also offer a combination of dwelling unit types, and including all roads and services required to support such development, as provided in Article VII of this chapter.
A building or group of buildings containing a combination
of three or more separate shops, stores or offices on a single lot
providing primarily retail services with supporting service and office
establishments.
A structure attached to a building, forming a covered entrance
to a vestibule or doorway. It is external to the walls of the main
building proper but may be enclosed by screen, latticework, broad
windows or other light frame walls extending from the main structure.[13]
A wastewater collection and/or treatment facility owned and
operated by a public agency or private organization.
A subdivision approved in accordance with the provisions of Article VI of this chapter, where the Planning Board may modify the applicable bulk provisions of this chapter without changing the overall density on the parcel.
The following districts are considered residential: A, AA
and AAA, unless otherwise indicated.[14]
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption may take place outside
the confines of the building.
Any establishment, however designated, whose primary use
is preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises.
A business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public, which may
include some fabrication on-premises of merchandise/materials that
are sold on the premises.
The property under public control, ownership, easement, by
deed or use by law, normally used for movement of vehicles and/or
persons, including, but not restricted to, any paved area.
An existing public or private way which affords the principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on the Official Map and recorded in the office
of the County Clerk.
A road designed primarily to provide access to abutting properties.
Those roads which are parallel to and adjacent to primary
roads and highways and which provide access to abutting properties
and protection from through traffic.
A road which serves or is designed to serve heavy flows of
traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that services or is designed to serve no more than
two principal uses and is built to Town specifications that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the Town.
A road that serves three or more principal uses, that is
built to Town specifications and is dedicated to the Town for maintenance.
A public road which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a primary road.
A lightweight structure with a roof, either attached to the
ground or movable, that is accessory to a principal use, not for year-round
use and at which agricultural produce grown on the premises is offered
for sale to the general public.
An area of land with or without buildings used for or occupied
by the storage, keeping, or the salvage of junk material, including
processing such as sorting, baling, packing, disassembly, exchange
and/or purchase and sale of materials, and including scrap metals
or other scrap, used or salvaged building materials, or the dismantling
or demolition of automobiles or other vehicles, machinery or parts
thereof, with the exception of agricultural machinery.
An elementary or secondary school facility as established
by a person other than public school authorities, giving instruction
in the 10 common branches of arithmetic, reading, spelling, writing,
the English language, geography, history, civics, hygiene and physical
training, registered and/or certified under the regulations of the
Commissioner of the New York State Department of Education or chartered
by the Regents of the University of the State of New York.
The required distance in feet from:
Any letter, number, mark, symbol, figure, picture, exemplary
devices and/or banner (each and/or all hereafter referred to by the
term "symbol") positioned in near spatial relationship as a collection/aggregation
thereof expressing an idea, instruction, product, commodity, business,
service and/or other entertainment, and which includes any surface
area or portion of a structure in immediate proximity to and to which
such symbol is attached, or such structure designed or intended to
be in immediate proximity to and to have such symbol attached thereto.
A sign other than the principal business sign which relates
to the business or profession conducted or to a good or service sold
or offered for sale on the premises.
A sign that directs attention to a business, good, service
or entertainment conducted, sold, or offered elsewhere than on the
premises and only incidentally on the premises if at all.
The area within the fewest and shortest straight lines that
can be drawn around the outside perimeter of a sign, including all
decorations and lights, but excluding the supports if they are not
used for advertising purposes. A single face of a sign shall be counted
as part of the sign area, except that any neon tube, string of lights,
or similar device shall be deemed to have minimum dimensions of one
foot within a sign.
A sign that directs travelers to essential services such
as gas, food and lodging.
A sign that incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent materials or electricity or radioactivated or gaseous
material or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign that is designed to give forth any artificial light or
designed to reflect such light deriving from any source which is intended
to cause such light or reflection; and
Any illumination elements that function to attract attention
as a sign expressing an idea, instruction, product, commodity, business,
service and/or entertainment.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A sign or structure which directs attention to an idea, product,
business activity, service, or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which such sign is situated.
(See also "billboard.")
Any sign that is not permanently affixed to the ground or
another structure, and which is capable of being easily transported
or moved by the property or business owner.
The primary sign or signs which include the business name
and direct attention to a business or profession conducted on the
premises.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
Possession of a lot under control, whether by sole, joint,
common or other ownership or by a lease having a term of not less
than 10 years, regardless of any division of such land into parcels.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy, and that contributes to a structure's
energy supply, and components for containing and supporting such device.
A solar collector, as defined herein, physically detached
from the structure for which solar energy is to be supplied.
A complete design or assembly consisting of a solar energy
collector (herein called a "solar collector"), an energy storage facility
(where used) and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system). Passive solar energy systems which fulfill any other
functions are not included in this definition.
A device for which the sole purpose is to increase the solar
radiation received by the solar collector.
Any facility as defined and regulated in 6 NYCRR Part 360,
and as hereafter amended.
A building or premises used primarily for the indoor repair
of highly technical specialized equipment, such as electronic equipment,
electrical systems, computer systems and circuits, and other similar
operating and support systems. A use that is primarily devoted to
the general mechanical and body repair of motor vehicles and/or small
engines shall not be deemed to meet this definition.
Any establishment where horses are kept for training, riding,
driving or stabling, for compensation or incidental to the operation
of any club, association or similar establishment.
A building accessory to a residential use in which horses
are kept for private use and not for remuneration.
A building or grouping of buildings designed and constructed
for the common, long-term and/or seasonal interior storage of individual
or business property, whether partitioned or not. The wholesale storage
and/or transfer of goods by commercial enterprises shall not meet
this definition.
The height in stories of a building shall be determined from
the data established by the average elevation of the finished grade
adjoining the exterior walls of a building or structure, where such
walls face legal open space or abut other open space which is level
for 10 feet or more. Areaways, driveways and entrances of abrupt change
in elevation totaling 10% or less of the length of the wall shall
not be included in determining the average elevation. The following
locations shall not be deemed to be a story:
A basement where the finished floor immediately above is less
than seven feet above the average elevation of the finished grade
as described in this section;
A cellar;
An attic not meeting the requirements for habitable space;
Roof construction enclosing stairs or equipment other than elevators,
provided they are less than 12 feet in height and do not occupy more
than 30% of the area of the roof on which they are located; and elevator
hoistway and elevator machine rooms;
For one- and two-family dwellings, a mezzanine with a floor
area less than 1/3 of the floor immediately below;
For multiple dwellings, a mezzanine with a floor area less than
5,000 square feet and less than 1/3 of the floor area space wherein
the mezzanine is contained; or
For general building construction, a mezzanine with a floor
area less than 10,000 square feet and less than 1/3 of the floor area
space wherein the mezzanine is contained.
A static construction of building materials, framed of component
structural parts for occupancy or use, including, but not limited
to, buildings, stadiums, platforms, towers, sheds, display stands,
storage bins, signs, reviewing stands and gasoline pumps.
A structure detached from, on the same lot with, and subordinate
to a principal structure used for purposes customarily incidental
to those of the principal structure. Accessory structures include,
but are not limited to, portable, removable or permanent enclosures,
shade structures, carports, garages and storage sheds.
A structure in which is conducted the main or principal use
of the lot on which said structure is situated. Such structure(s)
includes any open or enclosed porch, carport, garage, or similar structure
attached to such structure.
A multiunit dwelling having separate external entrances to
each unit and common vertical party walls.
Any person who shares a dwelling unit on a nonpermanent basis
for not more than 30 days.[15]
A registered vehicle which is used, or designed to be used,
for seasonal and/or temporary living or sleeping purposes, and which
is customarily standing on wheels or rigid supports. A recreational
vehicle (RV) is also considered a travel trailer.
A building or part of a building or premises used for the
short-term storage and/or transfer of goods, wares and merchandise
for the owner or others by truck transport.
Includes the following:
A use which has all of the following characteristics:
The removal and sale of any soil, gravel or earth product
from a property. Grading in preparation for site construction under
plans approved by the appropriate Town entity, where earth material
is moved on-site or removed off-site incidental to construction activities,
shall not be deemed an extractive use.
A use of land, existing legally at the time of enactment
of this chapter, or any amendment thereto, which does not conform
to the zoning regulations of the district in which it is situated.[16]
The main or primary permitted use of a lot or structure.
An authorization by the Zoning Board of Appeals for the use
of land in manner which is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.[17]
An authorization by the Zoning Board of Appeals for the use
of land for a purpose which is not otherwise allowed or is prohibited
by the applicable zoning regulations.[18]
An area of land, including structures thereon, or any building
or part thereof that is used primarily for the sale and direct delivery
to the motor vehicle of fuel or oil and other lubricating substances,
which may include as accessory uses sale of motor accessories, and
which may or may not include facilities for lubricating, washing (which
does not require mechanical equipment) or otherwise servicing motor
vehicles, but not including auto body work, welding or painting.
A building or premises used for the general mechanical and/or
body repair of licensed motor vehicles, including painting, and the
accessory sale of related vehicle parts, maintenance products, and
accessories. A junkyard or salvage yard is not to be considered as
meeting this definition.
A lot or structure for the display, sale, or lease of new
or used automobiles, trucks, trailers, motorcycles, recreational vehicles,
snowmobiles, boats, lawn and garden vehicles, and light industrial
vehicles.
A lot or structure for the display, sale, lease or repair
of new or used heavy construction equipment that is industrial in
nature (such as backhoes, graders, dump trucks and excavators) and/or
large-scale agricultural equipment.
A building for the treatment and/or examination of animal
illnesses, including facilities for boarding animals receiving examination
or treatment. This definition is deemed to include an animal hospital
or clinic.
A building or premises used for the wholesale storage and/or
transfer of goods by commercial or industrial enterprises.
Any river, stream or naturally occurring channel of water
or any man-made culvert which flows directly into one of the aforementioned.
Any lot, premises or structure which is engaged in selling
to retailers or jobbers rather than directly to retail customers.
An open area extending equidistant between a front lot line
and the rear line of a minimum front yard setback and projecting to
the side lot line(s).
An open area extending equidistant between the rear lot line
and the minimum rear yard setback and extending the full width between
the minimum side yard setbacks.
An open area extending equidistant between the minimum side
yard setback and the side line of a lot, and extending from the rear
line of the front yard to a lot line opposite to the front lot line.
