As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A building or structure which is of secondary importance
to the principal structure of the parcel and which is not used for
human occupancy, including but not limited to garages, sheds and swimming
pools. Where an accessory structure is attached to the main structure
in a substantial manner, as by a wall or roof, such accessory structure
shall be considered part of the main structure.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use, and which is located on the same parcel with such principal use.
ADVERTISING SIGN
A sign which is intended primarily for advertising a service
or product.
AGRICULTURE
The raising of crops and the selling of products grown on
premises.
AMUSEMENT PARK
An outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides,
booths for the conduct of games or sale of items, and buildings for
shows and entertainment.
AREA VARIANCE
The authorization by the Board of Appeals for the use of
land in a manner which is not allowed by the dimensional or physical
requirements of the applicable use regulations.
ARTIST STUDIO (also ARTIST LOFT)
A workshop or workroom for the creation of fine art and crafts
such as painting, sculpturing, photography or other handmade pieces
of art. The space may include a residential unit and it may also include
teaching area for small groups of 10 or less.
BANK (also CREDIT UNION)
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities.
BED-AND-BREAKFAST
A dwelling or building in which at least one, but not more
than four, sleeping rooms are provided as overnight/lodging facilities,
with or without meals, for the accommodation of transient guests.
BOARD OF APPEALS
The Village of Rouses Point Zoning Board of Appeals appointed
for purposes of administering this chapter.
BOAT MAINTENANCE FACILITY
Any building, land area or other premises, or portion thereof,
used or intended to be used for the care, maintenance and/or repair
of boats and/or marine products and accessories.
BOAT STORAGE, COMMERCIAL
A place, site or structure used to store more than three
boats not registered to family members for 30 consecutive days or
more.
BUILDING
Shelter having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals or property.
BUILDING COVERAGE
That percentage of the plot or lot area covered by the area
of buildings.
CAMPGROUND
Any parcel of land on which are located two or more cabins,
tent sites, shelters, travel trailer sites or other accommodations
of a design or character suitable for seasonal or other temporary
living purposes, and which is used for economic gain.
CAR WASH
A structure or building designed for the washing, waxing,
cleaning or similar treatment of automobiles as its principle function.
CHILD-CARE CENTER
A program or facility caring for children. Said care shall
be provided for a period of time of more than three hours per day
but less than 24 hours on any given day for any given child by an
individual, association, corporation, institution or agency whose
activities include providing child day care or operating a facility
where child day care is provided as defined in Section 390 of the
New York State Social Services Law.
CHURCH
A building where persons regularly assemble for religious
worship and which is maintained and controlled by a religious body
organized to sustain public worship, together with all accessory buildings
and uses customarily associated with such primary purpose. It includes
churches, synagogues, temples, mosques, or other such places of worship
and religious activity.
CLUB
Any organization catering to members and their guests, or
premises and buildings for recreational or athletic purposes and not
open to the general public, which are not conducted primarily for
economic gain. The term "club" shall include membership clubs, lodges,
fraternal organizations, mutual benefits societies and other like
organizations. A hunting lodge shall not be considered a club.
COMMERCIAL USE
Any use involving the sale, rental or distribution of goods
or services, either retail or wholesale, such as stores, offices or
the provision of recreational facilities for a fee.
COMMERCIAL WASTE
Solid waste generated by commercial and institutional processes
which is not industrial, hazardous or construction and demolition
debris waste.
CONSTRUCTION AND DEMOLITION DEBRIS
Solid waste resulting from the construction, remodeling,
repair and demolition of structures and roads and solid waste consisting
of vegetation resulting from land clearing and grubbing, utility line
maintenance and seasonal and storm-related cleanup. Such waste includes
but is not limited to bricks, concrete and other masonry materials,
wood, wall coverings, plaster, drywall, plumbing fixtures, insulation,
roofing shingles, asphaltic pavement, glass, electrical wiring and
metals that are incidental to any of the above.
CULTURAL FACILITY
A library, museum, or similar public or quasi-public use
displaying, preserving, and exhibiting objects of community and cultural
interest in one or more of the arts or sciences.
DIRECTIONAL SIGN
A nonilluminated sign intended primarily for the purpose
of informing the traveling public where a business is located and
what products or services are available there.
DISPOSAL
A material is disposed of if it is discharged, deposited,
injected, dumped, spilled, leaked, burned, incinerated or placed into
any or on any land or water so that such material or any constituent
thereof may enter the environment or be emitted into the air or discharged
into groundwater or surface water.
DOCK
A structure built over or floating upon the water and used
as a landing place for boats and other marine transport, fishing,
swimming, and other recreational uses.
DOCKOMINIUM
A multi-boat-slip docking facility in which each boat slip
is individually owned.
DRIVE-THROUGH FACILITY
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. A drive-through
facility is considered an accessory use. A gasoline service station
is not considered a drive-through facility for purposes of this chapter.
DWELLING
A building or part thereof used as living quarters. For purposes
of this chapter, the terms "dwelling unit," "one-family dwelling,"
"two-family dwelling" and "multifamily dwelling" shall not include
a motel, hotel, boardinghouse or tourist home.
DWELLING UNIT
A building or part thereof used as living quarters for one
family, containing independent cooking and sleeping facilities.
ENTERTAINMENT AND RECREATION FACILITY, COMMERCIAL
Any establishment that is operated, maintained, or devoted
to amusement of the general public, whether privately or publicly
owned, where entertainment is offered by the facility. Entertainment
facilities shall include, but not be limited to, theaters, bowling
alleys, movie theaters, dance halls or clubs, video arcades, skating
rinks, batting cages, and miniature golf courses. Entertainment facilities
shall not include adult entertainment businesses, taverns, pubs, golf
courses or parks.
ESSENTIAL USE/SERVICE
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities which provide
an essential use or service the public has a legal right to demand
and receive. Cellular telephone transmission towers are not considered
to be an essential use or service.
EXCAVATION
A lot or part thereof used for the purpose of extracting
stone, sand, gravel or minerals for sale, as a commercial operation.
FAMILY
One or more persons related to each other by blood, marriage
or adoption, or not more than four individuals who are not related,
living together as a single housekeeping unit.
FUNERAL HOME
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services. Such
facilities shall not include crematoriums.
GASOLINE SERVICE STATION
Any establishment which sells gasoline to the public, to
include service stations, convenience stores, car washes and any other
facility which sells gasoline.
GREENHOUSE (also NURSERY)
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
GROSS LEASABLE AREA
The gross size of the floor area of a commercial/retail facility
which is leasable.
HAZARDOUS CHEMICALS
Solid, liquid or gaseous substances which pose a potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed or otherwise managed, including but
not limited to hazardous substances designated by the United States
Environmental Protection Agency under Section 311 of the Clean Water
Act (40 CFR 116).
HAZARDOUS WASTE
A waste or combination of wastes which, because of its quantity,
concentration or physical, chemical or infectious characteristics,
may cause or contribute to an increase in mortality or an increase
in irreversible or incapacitating reversible illness or may pose a
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed or otherwise managed.
HEAVY INDUSTRY
Manufacturing or other enterprises with significant external
effects, or which pose significant risks due to the involvement of
explosives, radioactive materials, poisons, pesticides, herbicides,
or other hazardous materials in the manufacturing or other process.
HEIGHT OF BUILDING
Vertical distance measured from the average elevation of
the proposed finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs, and to the average height
between the eaves and ridge for other types of roofs. Cupolas, steeples,
chimneys and television antennas are excluded in height computations.
HOME OCCUPATION
An occupation conducted in a dwelling unit or garage which
is clearly secondary to the property's residential use which:
(1)
Does not change the outside appearance of the dwelling.
(2)
Is not visible from the road except for one sign as permitted
by this chapter.
(3)
Does not result in the outside storage or display of anything.
(4)
Does not create a hazard to persons or property.
(5)
Does not create any adverse impact upon neighboring properties.
(6)
Does not generate traffic or parking in excess of what is normal
for a residential use.
HOTEL (also INN)
A facility offering transient lodging accommodations on a
daily rate to the general public. It may provide additional services
such as restaurants, meeting rooms, and recreational facilities.
INDUSTRIAL USE
Any use involving the act of storing, preparing for treatment,
manufacturing or assembling any article, substance or commodity.
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes.
JUNK
The outdoor storage or deposit of any of the following:
(1)
One or more junk vehicles.
(2)
One or more abandoned mobile homes or travel trailers.
(3)
One or more appliances, including but not limited to washers,
dryers, dishwashers, stoves, refrigerators, freezers and televisions.
(4)
One or more pieces of junk farm equipment.
(5)
One or more abandoned or irreparably damaged pieces of indoor
furniture, including but not limited to sofas, lounge chairs, mattresses,
bed frames, desks, tables, chairs and chests of drawers.
JUNK EQUIPMENT/VEHICLES
Any which:
(1)
Is either abandoned, wrecked, stored, discarded, dismantled
or partly dismantled.
(3)
Has remained unused for more than six months.
JUNKYARD
The outdoor storage or deposit of any of the following:
(1)
Five or more junk vehicles.
(2)
Two or more abandoned mobile homes or travel trailers.
(3)
Five or more pieces of junk equipment.
(4)
Five or more pieces of junk farm equipment or construction equipment,
except farm equipment stored on an active farm.
(5)
Five or more abandoned or irreparably damaged pieces of indoor
furniture, including but not limited to sofas, lounge chairs, mattresses,
bed frames, desks, tables, chairs and chests of drawers.
(6)
Any combination of the above that totals five items.
KENNEL
An establishment in which more than five dogs more than six
months old are housed, groomed, bred, boarded, trained or sold.
LAND USE AND DEVELOPMENT PERMIT
A document issued by the Code Enforcement Officer authorizing
the use of lots or structures in conformity with this chapter.
LARGE SHOPPING CENTER
A parcel of land containing two or more retail or service
establishments with total gross square footage exceeding 10,000 square
feet.
LAUNDERETTE
A facility where patrons wash, dry, or dry clean clothing
or other fabrics in machines operated by the patron.
LIGHT INDUSTRIAL USE
Any manufacturing or assembly facility which does not include
the manufacture of hazardous chemicals; the use of petroleum-based
products except as incidental to the main industrial use; the outdoor
storage of scrap metal or junk; the creation of solid, liquid or airborne
hazardous wastes; the creation of significant undesirable smoke or
airborne particulate matter except as incidental to the main industrial
use; or the creation of noise which would have an adverse impact upon
neighboring properties.
LOT
Any parcel of land which individually or as part of a subdivision
of land has been recorded in the County Clerk's office.
LOT FRONTAGE
The portion of the lot abutting upon a street or road.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the depth, measured at a depth equal to the greater
distance of the minimum required front yard setback or the distance
from the public road to the nearest side of the building.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built with a trailer hitch and a permanent chassis and wheels 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.
MARINA
(1)
Any waterfront facility which provides accommodation services
for vessels by engaging in any of the following:
(a)
The sale of marina products or services.
(b)
The sale, lease, rental or charter of two or more vessels of
any type.
(c)
The sale, lease, rental or any other provision of storage, wharf
space or mooring for two or more vessels not registered to the owner
of said facility, members of the owner's immediate family or overnight
guests on said property.
(2)
Any campground or travel trailer park which provides boats coincidentally
with the rental of camping spaces or rental of parking spaces for
automobiles shall be deemed to be a marina. The term "marina" shall
include quick-launch facilities and dockominiums as defined herein.
Boat repair and marina supply sales are permitted uses within marinas.
MOBILE HOME
A movable or portable unit at least 32 feet in length which
is designed and constructed to be towed on its own chassis, comprised
of a frame, whether or not wheels are included, and designed to be
used as a dwelling unit when connected to required utilities and was
built prior to June 15, 1976. A mobile home shall be construed to
remain a mobile home, subject to all regulations applying thereto,
whether or not wheels, axles, hitch or other appurtenances of mobility
are removed and regardless of the nature of the foundation provided.
A unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity
as well as two or more separately towable components designed to be
joined into one integral unit capable of being again separated into
the components for repeated towing. Modular homes or other dwelling
units that are constructed in two or more main sections and transported
to and permanently assembled on a site are not considered to be mobile
homes. This definition excludes travel trailers.
MOBILE HOME PARK
Any lot of record upon which two or more mobile homes occupied
for dwelling or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
MODULAR HOME
A factory-fabricated, New York State Building Code-approved
transportable building unit, designed to be used by itself or to be
incorporated with similar units at a building site, into a modular
structure and placed on a permanent foundation. Modular homes shall
bear the New York State building code certification as factory-manufactured
dwellings. For purposes of this chapter, a modular home is a single-family
home.
MOORING
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
MOTEL
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for the general public where each accommodation unit maintains a separate
outside entrance. A motel may contain accessory facilities such as
restaurants, meeting rooms, retail business activities and related
activities primarily to accommodate the occupants, but not open to
the general public, including buildings designated as auto cabins,
auto courts, motor lodges, tourist courts and similar terms.
MOTOR VEHICLE REPAIR SHOP
A building, or portion thereof, arranged, intended or designed
to be used for making repairs to motor vehicles, including auto body
shops.
MOTOR VEHICLE SALES, LEASE AND/OR RENTAL
The use of a building, land area, or other premises or portion
thereof, for the display, sale, rental or lease of motorized vehicles,
including but not limited to automobiles, boats, motorcycles, recreational
travel vehicles (RVs), including any warranty repair work and other
repair service conducted as an accessory use.
MULTIFAMILY DWELLING
A building designed for, or occupied by, three or more families
living independently of one another, to include row-type attached
or semiattached dwellings which share a common wall or portion thereof.
NONCONFORMING LOT
Any legally created lot of record which existed on the effective
date of this chapter and which does not conform to the minimum requirements
of this chapter.
NONCONFORMING USE
A use of land existing at the time of enactment of this chapter
which is neither a permitted use nor allowed by special use permit
in the zone where it is located.
NONPROFIT
A nonprofit organization shall include but not be limited
to a not-for-profit organization, corporation, community chest, fund,
or foundation organized and operated exclusively for religious, cultural,
charitable, scientific, recreational, literary, agricultural, or educational
purposes, and an organization exempt from taxation under Section 501
(c) of the Internal Revenue code organized or incorporated in this
state or another state or having a principal place of business in
this state or in another state.
NURSING HOME/ELDERLY-CARE FACILITY
Any building used as a group residence or extended-care facility
for the care of persons, including assisted-living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential-care services.
PARKING LOT
An off-street, ground-level open area for the temporary storage
of motor vehicles. Does not include an area used exclusively for the
display of motor vehicles for sale as part of a motor vehicle sales
establishment.
PARKING, SHARED
Two or more land uses or a multitenant building that merge
parking needs based on different operating hours to gain a higher
efficiency in vehicular and pedestrian circulation, economize space,
reduce impervious surface and result in a superior grouping of building(s).
PARKING SPACE
A stall or berth which is arranged and intended for parking
of a motor vehicle in a garage or parking lot.
PERSONAL SERVICE
Includes barber, hairdresser, beauty parlor, shoe repair,
photographic studio and businesses involving the care of a person
or his or her apparel.
PRINCIPAL STRUCTURE
The structure in which is conducted the principal use of
the lot on which it is located.
PRIVATE SCHOOL
A private facility furnishing comprehensive curriculum of
academic instruction similar to that of a public school on the prekindergarten,
kindergarten, primary and/or secondary level.
PROFESSIONAL OR BUSINESS OFFICE
Offices and related spaces for use as professional services
as provided by medical practitioners, attorneys, architects, surveyors,
engineers, accountants and similar professions.
PUBLIC FACILITY
Any usage by a governmental agency or other agency providing
a not-for-profit public service, including but not limited to libraries;
public recreation facilities; schools; not-for-profit fire, ambulance
and public safety buildings; and not-for-profit hospitals for the
care of human beings, nursing homes, convalescent homes, homes for
adults, homes for the aged as the same are defined under the Public
Health Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
QUICK-LAUNCH FACILITY
A commercial facility where vessels are stored, launched
and stored again individually for periods of less than one week at
a time.
RESEARCH AND TESTING FACILITIES
A building or portion of a building in which are located
facilities for scientific research, investigation, testing, or experimentation,
but not facilities for manufacturing or sales of products.
RESTAURANT
An establishment at which food is served to patrons on the
premises, which may include the serving of alcoholic beverages, provided
that the serving of drinks is clearly secondary and accessory to the
serving of food.
RETAIL SALES AND SERVICE ESTABLISHMENT
A building or portion thereof engaged in selling goods, services
or merchandise to the general public for personal and household consumption
and rendering services incidental to the sale of such goods.
RIGHT-OF-WAY
Property that is publicly owned or upon which a governmental
entity has an expressed or implied property interest (e.g., fee title
or easement) held for a public purpose. Examples of such public purpose
include, by way of example and not by limitation, a highway, a street,
sidewalks, drainage facilities, a crosswalk, a railroad, a road, an
electric transmission line, an oil or gas pipeline, a water main,
a sanitary or storm sewer main, shade trees or for any other special
use. The usage of the term "right-of-way" for subdivision platting
purposes means that every right-of-way established and shown on a
final plat is separate and distinct from the lots or parcels adjoining
the right-of-way, and is not included within the dimensions or areas
of such lots or parcels. Rights-of-way involving maintenance by a
public agency are dedicated to public use by the maker of the plat
on which the right-of-way is established.
SELF-STORAGE UNITS
A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property.
SEPTAGE
The contents of a septic tank, cesspool, dry well or other
individual sewage treatment facility which receives domestic sewage
wastes.
SEQRA
State Environmental Quality Review Act. A process whereby
a review may be done on possible effects on the environment; an environment
review before a government agency makes a decision.
SIDE BUILDING SETBACK
The space on the side of a lot not occupied by a building,
measured from the nearest side of a building to a side lot line and
extending the full length of the lot.
SIGN
Any material, structure or object, or part thereof, composed
of lettered or pictorial matter which is located out of doors or on
the exterior of a building, which is used for the purpose of bringing
the subject matter thereof to the attention of others, but excluding
any flag, emblem or insignia of a nation, political unit, school or
religious group.
SINGLE-FAMILY DWELLING
Detached building designed for or occupied by one family,
not to include single-wide or double-wide mobile homes.
SITE PLAN REVIEW
Examination of the intended layout, arrangement and design
development on a single parcel of land.
SLAUGHTERHOUSE
A facility for the slaughtering and processing of animals
and the refining of their byproducts.
SMALL SHOPPING CENTER
A parcel of land containing two or more retail or service
establishments with total gross square footage of 10,000 square feet
or less.
SOLID WASTE
All materials or substances that are discarded or rejected
as being spent, useless, worthless or in excess to the owners at the
time of such discard or rejection, including but not limited to garbage,
refuse, industrial and commercial waste, medical and infectious waste,
sludges from air or water treatment facilities, rubbish, tires, ashes,
contained gaseous material, incinerator residue, construction and
demolition debris, discarded automobiles and offal.
SPECIAL USE PERMIT
An authorization of a particular land use which is permitted
in this chapter subject to conditions which are designed to ensure
that the proposed use will not adversely affect the neighborhood if
such conditions are met.
STREET LINE
Right-of-way line of a street as dedicated by a deed or record.
Where the width of a street is not established, the street line shall
be considered to be 25 feet from the center line of the road pavement.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including garages, swimming pools, satellite dishes
and outbuildings.
SUBDIVISION
Any tract of land which is hereafter divided into two or
more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential, commercial or
industrial lots or plots regardless of whether the lot or plots to
be sold or offered for sale or leased for any period of time are described
by metes and bounds or by other methods of description. Any subdivision
of land is considered a subdivision and the portion of property retained
by the owner, if any, shall constitute one lot. For the purpose of
this chapter, "subdivision" shall be divided into two categories further
described as follows:
(1)
SUBDIVISION, MAJORAny subdivision not classified as a minor subdivision, including but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
(2)
SUBDIVISION, MINORAny subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or this Zoning and Subdivision Law.
SUBDIVISION CONTROL
Regulates how land is split into lots, including the layout
of the lots and improvements that will refer to Village Law §§ 7-728
and 7-730.
TAVERN (also BAR or NIGHTCLUB)
An establishment used primarily for the serving of alcoholic
beverages to the general public where food may be served as an accessory
to the primary use.
TEMPORARY SIGN
Any "for sale" or "for rent" sign, political sign or any
sign announcing a community event or event conducted by a not-for-profit
organization which is temporary in nature and is intended to be removed
at the completion of the sale, rental, election or event.
TRUCK STOP
A site providing specialized facilities for retail fueling
services for large trucks; the site may include related facilities,
including but not limited to restaurants and overnight parking.
VARIANCE
Permission granted to use property in a manner not allowed
by the Zoning Law.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
VETERINARIAN AND ANIMAL HOSPITAL
Any structure where animals or pets are given medical or
surgical treatment, including short-term boarding of animals when
boarding is for the purpose of monitoring recovery, but not including
boarding or kenneling.
WAREHOUSE/DISTRIBUTION
A facility characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise, and odors, but not involved in manufacturing or production.