As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY APARTMENT
A separate and complete dwelling unit that is incidental
and subordinate to a single-family dwelling unit and is located within
the structure of that single-family dwelling unit or is an accessory
structure. An accessory apartment must obtain those approvals required
in § 250.30 of the Code.
[Amended 11-6-2014 by L.L. No. 1-2014]
ACCESSORY BUILDING
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
ACCESSORY RETAIL
Retail stores which sell merchandise which is incidental
and accessory to the principal use of the main building on the same
lot from which the retail selling will occur.
[Added 9-9-2002 by L.L. No. 1-2002]
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as such principal use
or building.
ADULT ENTERTAINMENT
An establishment consisting of, including or having the characteristics
of any or all of the following:
(1)
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
(2)
(a)
An establishment devoted to adult entertainment either with
or without a liquor license, presenting material distinguished or
characterized by their emphasis on matter depicting, describing or
relating to sexual activities or anatomical genital areas;
(b)
A cabaret that features topless dancers, go-go dancers, strippers,
male or female impersonators or similar entertainers for observation
by patrons.
(3)
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
(4)
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
AGRICULTURAL ACTIVITIES; AGRICULTURE
The use of land for agricultural purposes, including farming, keeping of animals, dairying, pasturage, horticulture, floriculture, viticulture, silviculture, apiaries, and animal and poultry husbandry, and the necessary accessory uses permitted by §
250-19J.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or existing facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps.
ATTIC
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
AUTO REPAIR SERVICES
Establishments primarily engaged in furnishing all types
of automotive repair. It does not include those facilities that only
dispense gas and oil directly into the vehicles.
BASEMENT
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, but not less than four
feet, above average finished grade. A basement shall be counted as
one story in determining the height of a building in stories.
BED-AND-BREAKFAST
A residential lodging facility in an owner-occupied dwelling
offering from one to four sleeping rooms for rent, with one communal
dining facility serving breakfast only.
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three but not more than
six sleeping rooms are offered for rent, with or without meals. A
lodging house, tourist house or rooming house shall be deemed a boardinghouse.
BUFFER
Landscaped areas, fences, walls, berms, or natural vegetation,
or any combination thereof, used to physically separate or screen
one use or property from another so as to visually shield or block
noise, lights, or other nuisances.
BUILDING
Any structure which has one or more floors or stories and
is intended for the shelter, housing or enclosure of persons, animals
or chattels.
[Amended 4-12-2004 by L.L. No. 6-2004]
BUILDING ENVELOPE
That portion of a lot located within the minimum prescribed
front, rear and side yard setback distances, within which a structure
and its accessory uses, driveways, parking lots, or other disturbed
areas are permitted to be built on.
BUILDING GROUP
A group of two or more principal buildings, and any buildings
accessory thereto, occupying a lot in ownership and having any yard
in common.
BUILDING-INTEGRATED SOLAR ENERGY EQUIPMENT (BIE)
An active solar system that is an integral part of a principal
or accessory building rather than a separate mechanical device replacing
or substituting for an architectural component of the building. Building-integrated
solar energy equipment includes but is not limited to photovoltaic
or hot water solar systems that are contained within roofing materials,
windows, skylights, awnings and tile.
[Added 11-13-2017 by L.L.
No. 1-2017]
BUILDING LINE
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
BUILDING, MAIN
A building that houses the lot's principal use of the
lot on which it is located.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building,
normally of the same type, on another lot, but having one side yard.
BULK
A term used to describe the size, volume, area and shape
of buildings and 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 all open spaces
required in connection with a building, other structure or tract of
land.
BUNGALOW COLONY
A group of two or more dwelling structures on a single premises,
designed for seasonal occupancy, and not more than one of which is
used for the purpose of all-year-round residence, which premises does
not include a public lobby or dining room serving guests. The term
"bungalow colony" includes cottage or cabin colonies or development,
but does not include trailer park, trailer camp, boardinghouse, hotel
or motel.
CAMP
Any parcel of land on which are located two or more tents,
shelters or other accommodations of a design or character suitable
for seasonal or other temporary living purposes, including resort
and day camp, but not including a trailer park, boardinghouse, hotel
or motel or bungalow colony.
CELLAR
Any space in a building, the structural ceiling level of
which is less than four feet above average finished grade, where such
grade meets the exterior walls of the building. A cellar shall not
be counted in determining the permissible number of stories.
COMMERCIAL STABLES
A horse farm utilized for the commercial breeding, boarding
or riding of horses for the general public.
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
COMMUNITY BENEFIT OR AMENITIES
Open space or housing for senior families (as defined herein),
parks, elder care, day care or other specific physical, social or
cultural amenities of benefit to the residents of the community, as
authorized by the Town Board (as defined herein) as conditions for
the granting of incentive zoning.
COMMUNITY POLE
A sign owned and maintained by the Town Board or by a group
of businessmen as approved by the Town Board and which sign contains
several directional signs for the purpose of directing persons to
business and community establishments within the community.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery, vehicles
or parts thereof which are in active use by a construction contractor.
CONVENIENCE STORE
Any retail establishment containing not more than 2,500 square
feet of space and not more than four tables for on-site consumption
of food and beverages, offering for sale prepackaged food products,
household items, newspapers and magazines, and sandwiches and other
freshly prepared foods. Some convenience stores may also have land
area, or a portion thereof, used for the retail dispensing or sales
of vehicular fuels.
[Amended 4-12-2004 by L.L. No. 6-2004]
COVERAGE
That parcel area or percentage of parcel area covered by
buildings or structures, parking areas, sidewalks, and accessory buildings
or structures.
[Amended 4-12-2004 by L.L. No. 6-2004]
CUSTOMARY HOME OCCUPATION
A business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and which is incidental and secondary to the use of the dwelling unit and does not change the residential character thereof. Such use shall be fully consistent with the use limitations established by §
250-19.
DAY-CARE CENTER
An establishment providing for the care, supervision, and
protection of children and licensed pursuant to § 390 of
the Social Services Law.
DENSITY BONUS
An incentive given to land developers in exchange for the provision of senior citizen housing and preservation of agricultural lands by those developers. A density bonus permits more intensive development of the land in exchange for providing senior family housing. Section
250-12 provides the terms and conditions under which this density bonus is granted.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining, excavation,
landfill, or land disturbance; and any nonagricultural use or extension
of the use of land.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
In the following list, each district shall be deemed to be
more restricted than the districts which follow it: FP, H, AR, R-2,
R-3, MHP, B-1, B-1A, I-1.
DORMITORY
A building, other than a hotel or motel, containing dwelling
units or rooms for the housing of nontransient persons attending or
employed by a community college, other college or university. Such
building may not contain kitchen and dining room facilities.
DRIVE-IN MOVIE
An open lot or part thereof, with appurtenant facilities,
devoted primarily to the showing of moving pictures on a paid-admission
basis to patrons seated in automobiles or on outdoor seats.
DRIVE-THROUGH
Any establishment that, by design, physical facilities, or
services, encourages or permits customers to receive services or obtain
goods while remaining in their motor vehicles.
DUMP
A lot or land used primarily for the disposal, by abandonment,
burial, burning or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
DWELLING
A building designed or used principally as the living quarters
for one or more families. The terms "dwelling," "one-family dwelling,"
"two-family dwelling," "multifamily dwelling," "multiple dwelling"
and "dwelling group" shall not be deemed to include a motel, hotel,
rooming house or other accommodations used for more or less transient
occupancy. (See "residence.")
DWELLING GROUP
A group of two or more dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
FAMILY
Consists of one person, or two or more persons related by
blood, marriage or adoption, or not more than five persons not necessarily
related by blood, marriage or adoption, and, in addition, any domestic
servants, who live together in a single dwelling unit and maintain
a common household. The term "family" does not include "senior family"
which is hereinafter defined.
FARMING OPERATIONS or FARM
A parcel of land used for agricultural activities, including
horticulture, animal husbandry, forestry, and production nurseries
and greenhouses for profit.
FARM MARKET
A permanent structure that is owned and/or operated by a
farmer which primarily sells agricultural products and related goods
to the general public.
FARM-RELATED BUSINESS
A business operated on a farm parcel, related to or supporting
agricultural activities, including but not limited to U-pick operations.
FARM STAND
A nonpermanent structure, in excess of 30 square feet in
size, such as a table, vehicle, wagon or tent, used for the sale of
agricultural products grown, raised or produced on the same premises.
FINISHED GRADE
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 building and other structures or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating two buildings.
(1)
In particular, the floor area of a building or buildings shall
include:
(b)
Elevator shafts and stairwells at each floor.
(c)
Floor space for mechanical equipment, with structural headroom
of seven feet six inches or more.
(e)
Attic space, whether or not a floor has actually been laid,
providing structural headroom of seven feet six inches or more.
(f)
Interior balconies and mezzanines.
(h)
Accessory uses, not including space for accessory off-street
parking.
(2)
However, the floor area of a building shall not include:
(a)
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.
(b)
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
(c)
Floor space used for mechanical equipment, with structural headroom
of less than seven feet six inches.
(d)
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches.
(e)
Uncovered steps, exterior fire escapes.
(f)
Terraces, breezeways, open porches, outside balconies and open
spaces.
(g)
Accessory off-street parking spaces.
(h)
Accessory off-street loading berths.
GASOLINE FILLING STATION
Any building, land area, or other premises, or portion thereof,
for the sale and direct delivery to the motor vehicle of gasoline
or any other motor vehicle fuel, and may include as an accessory use
the sale and/or installation of lubricants, tires, batteries, and
similar vehicle accessories. Gasoline filling stations which sell
motor vehicle fuels may also house a convenience store. (A gas station
is not a convenience store, but a convenience store may be located
on the same parcel as a gas station.)
HEALTH CLUB
An establishment that offers, on a membership basis, facilities,
equipment and programs for exercise, weight loss and body development.
HEAVY EQUIPMENT REPAIR
Establishments primarily engaged in furnishing repair to
large equipment, including but not limited to bulldozers, backhoes,
and dump trucks.
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of the
structure) to the highest point of such building or structure.
HOSPITAL
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
HOTEL
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 contain one or more dining rooms.
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted
on the condition that specific physical, social or cultural benefits
or amenities would inure to the community.
INDOOR RECREATION
Any completely enclosed recreational use, such as bowling,
pool, video game room, batting cages, etc.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, scrapped, ruined, dismantled,
or wrecked motor vehicles or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material.
JUNK CAR
See the definition provided for "abandoned, junked or inoperative motor vehicle" in Chapter
232, §
232-2, of the Town of Kinderhook Code.
JUNKYARD
An establishment or place of business which is maintained,
operated, or used for storing, keeping, buying or selling junk.
KENNEL
Any place at which there are kept any number of dogs for
the primary purpose of sale or for the boarding, care or breeding
for which a fee is charged or paid.
LANDSCAPING, MAJOR
The business of removal or planting of trees, shrubs, flowers
or grass and ongoing maintenance of yards and other landscaped areas
with mowers and other equipment. Major landscaping facilities use
large equipment on the premises, such as tractors, backhoes, and bulldozers.
They may or may not grow plants on the premises.
LANDSCAPING, MINOR
The business of mowing, yard and landscape cleanup and tree
trimming and weeding. A minor facility does not use heavy motorized
equipment and does not grow plants used in landscaping on the premises.
LOT
A defined portion or parcel or land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership,
and the customary accessories and open spaces belonging to the same.
Every lot shall have a minimum of 50 feet of road frontage on a public
or private roadway.
[Amended 11-6-2014 by L.L. No. 1-2014]
LOT, CORNER
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
LOT, DEPTH OF
The mean distance from the front property line to the rear
property line.
[Amended 4-12-2004 by L.L. No. 6-2004]
LOT FRONTAGE
A lot line which is coincident with a street line.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines, or the width of a lot measured along the rear
line of the required front yard.
MINOR SITE PLAN MODIFICATION
A proposed change in the site plan which will not modify
any material component of the site plan approval or alter the intent
or character of the development and will not result in any adverse
environmental or community impacts. If a proposed change requires
a variance from the standards prescribed in this chapter, it will
not be considered a minor modification. The Planning Board, in its
discretion, will determine whether a proposed change qualifies as
a minor modification.
[Added 10-19-2009 by L.L. No. 3-2009]
MOBILE HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities (HUD definition).
MOBILE HOME LOT
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
MOBILE HOME PARK
Any parcel of land designated by the Town Zoning Map for the placement of mobile homes.
MOTEL
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use primarily by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment,
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabin" or "roadside
hotel."
MULTIFAMILY DWELLING
A building containing three or more dwelling units, including
units that are located one over the other.
NONCONFORMING BULK
The height, bulk, building locations, coverage of structures and the size of buildings which were permitted before the effective date and which are maintained after the effective date although they do not comply with the bulk restrictions applicable to the area in which they are located after the effective date and shall be governed as provided in §
250-44 hereof.
NONCONFORMING USE
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendment thereto.
NURSERY SCHOOL
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two to six years of age, inclusive, and operated on a regular basis,
including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOME
A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
OVERLAY DISTRICT
A zoning district delineated on an overlay map which is superimposed
on one or more established zoning districts for the purpose of imposing
within these districts permitted uses otherwise disallowed or that
imposes additional density or bulk requirements above that required
by the underlying zone or zones.
PARCEL
A delineated area or plot of land which may be occupied or
designed to be occupied by a principal building and its accessory
structure or structures, including the yards required by this chapter,
shown as a distinct entity on the Tax Assessor's maps of the
Town.
PREMISES
A lot, together with all the buildings and uses thereon.
PRIVATE CLUB
A facility operated, whether or not primarily for profit,
by a corporation, association or group of people for the social, educational
or recreational intent of the dues-paying members and their guests.
PUBLIC NUISANCE
Conduct or an omission which offends, interferes with, or
causes damage to the public in the exercise of rights common to all
in a manner such as to offend public morals, interferes with use by
the public of a public place, or endangers or injures the property,
health, safety or comfort of a number of persons.
QUALIFIED STRUCTURE
A nonresidential structure or accessory structure constructed
and existing prior to the enactment of the Town Code on July 10, 1978.
[Added 11-6-2014 by L.L. No. 1-2014]
RESIDENCES, RESIDENTIAL
A building or any part of a building that contains living
and sleeping accommodations for permanent occupancy. "Residences,"
therefore, includes all one-family, multifamily, boarding, fraternity
and sorority houses. However, "residences" shall not include the following:
(1)
Transient accommodations, such as hotels, motels and hospitals.
(2)
That part of a building containing both residences and other
uses which is used for any nonresidential uses, except accessory uses
for residences.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving
or stabling for compensation.
RIGHT-OF-WAY
A party's right, established by usage, contract, or
legislation, to pass through or over real property owned by another.
This definition includes public roads and highways.
[Amended 4-12-2004 by L.L. No. 6-2004]
ROAD FRONTAGE
The linear distance between the side lots measured parallel
and adjacent to the roadway on which the parcel fronts at the edge
of the roadway at the location of the front yard setback.
[Added 11-6-2014 by L.L. No. 1-2014]
SENIOR CITIZEN
Persons that meet one of the following criteria are eligible
for senior housing:
(1)
A single person 62 years of age or older;
(2)
Two or three persons, all of whom are 62 years of age or older;
(3)
A married couple in which one spouse is 62 years of age or older;
(4)
One child residing with a parent who is 62 years of age or older,
provided that the child is over the age of 18;
(5)
The surviving spouse of a person 62 years of age or older, provided
that the surviving spouse was duly registered as a resident of the
development at the time of the elderly person's death; and
(6)
If there is no child in residence, an adult 18 years of age
or older residing with a person 62 years of age or older, provided
that the adult is essential to the long-term care of the elderly person,
as certified by a physician duly licensed in New York State.
SENIOR HOUSING
Dwellings specifically designed to house senior families.
Some senior housing may have communal dining facilities and services,
such as housekeeping, organized social and recreational activities,
transportation services, and other support services appropriate for
the residents. Senior housing units are not assisted living facilities
or a continuing care retirement community.
SETBACK
The distance between the building and the front property
line or the distance between the building and the road right-of-way,
whichever is further from the center line of the road.
SINGLE OWNERSHIP
Possession of land under single or unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of such land
into parcels for the purpose of financing.
SOLAR ENERGY GROUND EQUIPMENT (SGE)
Materials, apparatus or hardware necessary to the process
by which solar radiation is collected, stored, distributed and/or
converted into another form of energy for the purposes of supplying
heating, cooling, hot water or electricity. This shall only include
materials, apparatus or hardware installed upon the ground and not
mounted on a structure.
[Added 11-13-2017 by L.L.
No. 1-2017]
SOLAR ENERGY STORAGE DEVICES
Equipment designed to store power that is generated in excess
of the immediate needs of a site having a solar energy installed system
under this chapter.
[Added 11-13-2017 by L.L.
No. 1-2017]
SOLAR ENERGY STRUCTURAL EQUIPMENT (SSE)
Materials, apparatus or hardware necessary to the process
by which solar radiation is collected, stored, distributed and/or
converted into another form of energy for the purposes of supplying
heating, cooling, hot water or electricity. This shall only include
materials, apparatus or hardware mounted on a structure and not installed
upon the ground.
[Added 11-13-2017 by L.L.
No. 1-2017]
SOLAR FARM
A large-scale or utility-scale solar energy system that is
ground-mounted and produces energy primarily for the purpose of off-site
sale or consumption.
[Added 11-13-2017 by L.L.
No. 1-2017]
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted
in this chapter, subject to requirements imposed by such chapter to
assure that the proposed use is in harmony with such chapter and will
not adversely affect the neighborhood if such requirements are met.
STORY
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
STREET
An existing public way or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on a plat approved by the Town Planning Board
and/or recorded in the office of the County Clerk.
STREET WIDTH
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
STRUCTURE
A static construction of building materials, including buildings,
stadiums, sheds, display stands, storage bins, signs, reviewing stands,
gasoline pumps, mobile dwellings (whether mobile or stationary at
the time) and the like.
TOWNHOUSE
A building consisting of a series of one-family attached
dwelling units having common party walls between each dwelling unit.
TRAILER CAMP
Any parcel of land designated by the Town Zoning Map for the placement of travel trailers.
TRAILER, TRAVEL
Any portable vehicle or structure which is designated to
be transported on its own wheels or mounted on another vehicle and
intended to be used for temporary living quarters or for travel, business,
recreation or vacation purposes. In this definition, the word "temporary"
means not more than 90 days over a twelve-month period. This definition
includes but is not limited to motor homes, truck campers, folding
tent trailers and vehicles converted to temporary sleeping quarters.
UNIFIED SOLAR PERMIT (USP)
An expedited solar permitting process developed by the NY-Sun
public-private partnership which uses a unified permit across municipalities
in New York State.
[Added 11-13-2017 by L.L.
No. 1-2017]
USE
This term is employed in referring to:
(1)
The purpose for which any building, other structure or land
may be arranged, designed, intended, maintained or occupied.
(2)
Any occupation, business activity or operation conducted (or
intended to be conducted) in a building or other structure or on land.
VACANT STRUCTURE
Any building, structure or portion thereof designed or used
for residential or commercial purposes which has been vacant and abandoned
for a period of 60 days or longer. Specifically excluded are all agricultural
structures, such as barns, and storage sheds.
VIDEO RENTAL
An establishment where video cassettes and video players/recorders
are offered for rent to the general public as a principal use.
WAY
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
YARD, FRONT
Land extending across the full width of the lot and lying
between the front lot line of the lot and the nearest point of the
building.
YARD, REAR
Land extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest point of the
building.
YARD, REQUIRED
The open area of a lot, extending open and unobstructed from
the ground upward, along a lot line for a depth or width as specified
by the bulk regulations of the district in which the lot is located.
No part of such yard shall be included as part of a yard or other
open space similarly required for buildings on another lot.
YARD, SIDE
A yard situated between the building and the sideline of
a lot and extending from the front yard rear line (or from the front
lot line if there is no required front yard) to the rear yard front
line (or rear lot line).