There is hereby established a comprehensive zoning law for the
Town of Schroeppel in the area outside of the incorporated villages,
which ordinance is set forth in the text, maps and schedules that
constitute this chapter. Said law is adopted for the following purposes:
A.
To protect and promote the public health, safety and general welfare
of the Town.
B.
To guide the future growth and development of the Town in accordance
with a Comprehensive Plan that represents the most beneficial and
convenient relationships among the residential, nonresidential and
public areas within the Town, considering the suitability of each
area for such uses, as indicated by existing conditions, trends in
population and mode of living, and having regard for the use of land,
building development and economic activity considering such conditions
and trends both within the Town and with respect to the relation of
the Town to areas outside thereof.
C.
To provide adequate light, air and privacy; to secure safety from
fire, flood and other danger; and to prevent overcrowding of the land
and undue congestion of the population.
D.
To protect the character and the social and economic stability of
all parts of the Town; and to encourage the orderly and beneficial
development of all parts of the Town.
E.
To protect and conserve the value of land throughout the Town and
the value of buildings appropriate to the various districts established
by this chapter.
F.
To bring about the gradual conformity of the uses of land and buildings
throughout the Town through the development procedures set forth in
this chapter; and to minimize the conflicts among the uses of land
and buildings.
G.
To promote the most beneficial relation between the uses of land
and buildings and the circulation of traffic throughout the Town,
having particular regard to the avoidance of congestion in the streets
and the provision of safe and convenient vehicular and pedestrian
traffic movements appropriate to the various uses of land and buildings
throughout the Town.
H.
To provide a guide for public policy and action in the efficient
provision of public facilities and services and for private enterprise
in building development, investment and other economic activity relating
to uses of land and buildings throughout the Town.
I.
To prevent the pollution of air, streams and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and sound management of natural resources
throughout the Town in order to preserve the integrity, stability
and beauty of the community and the value of the land.
J.
To preserve the natural beauty of the topography of the Town; and
to ensure appropriate development with regard to these natural features.
A.
Minimum provisions. In their interpretation and application, the
regulations of this chapter shall be considered to be minimum provisions
for the purposes stated above. It is hereby declared to be the legislative
intent that this chapter shall be regarded primarily to further the
public and community interests of the Town.
B.
Other ordinances and private agreements. This chapter is not intended
to interfere with, abrogate or annual any other ordinance, regulation
or provision of law or any easement, covenant of other private agreement
or legal relationship. When this chapter imposes restrictions on use
or bulk different from those imposed by other statute, ordinance,
regulation or other provision of law, whichever provisions are more
restrictive or impose higher standards shall control.
A.
Word usage.
(1)
For the purpose of this chapter, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted and defined
as set forth in this section.
(2)
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the singular
number include the plural; words used in the plural number include
the singular; the word "herein" means "in this chapter"; the word
"regulations" means the regulations of this chapter; and the words
"this chapter" shall mean "this chapter and the maps included herein
as enacted or subsequently amended."
(3)
A "person" includes a corporation, a partnership and an unincorporated
association of persons such as a club or any entity capable of owning,
controlling or using property; "shall" is always mandatory; a "building"
includes a "structure"; a "building" or "structure" includes any part
thereof; "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."
(4)
The "Town" is the Town of Schroeppel in the County of Oswego, State
of New York; the "Town Board," "Board of Appeals," "Planning Board"
and "Enforcement Officer" are respectively the Town Board, Board of
Appeals, Planning Board and Enforcement Officer of the Town.
B.
ACCESSORY
ALTERATION
AREA, BUILDING
AREA OF SHALLOW FLOODING
ATTIC
BASE FLOOD
BASEMENT
BILLBOARDS
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
BUILDING LINE
BULK
CAMP
CLUB, MEMBERSHIP
COMMON OPEN SPACE
CONDOMINIUM
CONTRACTOR'S YARD
COURT
COVERAGE
CUSTOMARY HOME OCCUPATION
DEVELOPED OPEN SPACE
DEVELOPMENT
DUMP
DWELLING
(1)
(2)
(3)
(4)
(5)
(6)
DWELLING UNIT
ELEVATED BUILDING
ENFORCEMENT OFFICER
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FLOOR AREA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
FLUSH-MOUNTED SOLAR ENERGY SYSTEM
GASOLINE STATION
GRADE, FINISHED
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HEIGHT OF BUILDING
HOSPITAL
JUNK VEHICLES
(1)
(a)
(b)
(c)
(d)
(2)
JUNKYARD
(1)
(2)
(3)
(4)
(5)
(6)
(7)
KENNEL
LOT
LOT, CORNER
LOT, COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT LINES
LOT, THROUGH
LOT WIDTH
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MASTER PLAN
MEAN SEA LEVEL
MOBILE HOME
MOBILE HOME PARK
MOTEL or HOTEL
NET-METERING
NEW CONSTRUCTION
NONCONFORMING BULK
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
NURSERY SCHOOL
PLANNED COMMERCIAL DEVELOPMENT
PLANNED COMMERCIAL DEVELOPMENT DISTRICT
PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT DISTRICT
POSTER
QUALIFIED SOLAR INSTALLER
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
RESIDENCES, RESIDENTIAL
RIDING ACADEMY
ROAD STAND
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
SETBACK
SIGN
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR FARMS
SOLAR PANEL
SOLAR SKYSPACE
SOLAR STORAGE BATTERY
SPECIAL FLOOD HAZARD AREA
SPECIAL USE PERMIT
START OF CONSTRUCTION
STORY
STORY, HALF
STREET
STREET WIDTH
STRUCTURE
SUBSTANTIAL IMPROVEMENT
TOWNHOUSE
TRAILER, TRAVEL
TRUCK TERMINAL
USE
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to and customary in connection with
the principal building, structure or use and which is located on the
same plot with the principal building, structure or use. No residential
building, tourist cabin or summer colony cottage shall be considered
as accessory to any other residential building except as is expressly
provided in this chapter. Any accessory building or structure attached
to a principal building or structure is deemed to be a part of such
principal building or structure in applying the bulk regulations to
such building or structure.
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 increase in height, or the moving of such building or structure
from one location to another.
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.
A designated AO or VO Zone shown on the Flood Insurance Rate
Map (FIRM) with base flood depths from one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and indeterminate and where velocity flow may be evident.
That space of 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.
The flood having a one-percent chance of being equaled or
exceeded in any given year (also known as the "one-hundred-year flood").
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.
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.
A building, other than a hotel, containing a general kitchen
and/or 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.
Any structure which 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 chattels.
See "accessory."
A solar energy system incorporated into and becoming part
of the overall architecture, design and structure of a building in
such a manner that the solar energy system is a permanent and integral
part of the building structure.
[Added 8-25-2016 by L.L.
No. 5-2016]
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law; in this chapter, the setbacks established for and in each
district.
The size and shape of buildings, structures and nonbuilding
uses and the physical relationship of their exterior walls or construction
and their location to plot lines and other buildings or structures
or other walls or construction of the same building or structure and
all open spaces required in connection with a building or structure.
"Bulk regulations" include regulations dealing with plot area, plot
area per dwelling unit, plot frontage, plot width, height, required
yards, courts, usable open space, the ratio of aggregate gross floor
area to the area of the plot, spacing between buildings on a single
plot and the length of buildings in a row.
Any parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonable or other more or less temporary living purposes, including
summer colony, resort and day camp, but not including a trailer park,
boardinghouse, hotel or motel or bungalow colony.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational, educational or
athletic purposes, which are not conducted primarily for gain, provided
that they are not conducting any vending stands or merchandising or
commercial activities except as required generally for the membership
and purposes of such club.
An area of land and/or water within the site of a planned
unit development that is designed and intended for the use and enjoyment
of the residents of the planned unit development and may contain such
accessory improvements as are necessary and incidental to the use
of the common open space. Administration and maintenance of such areas
are at the discretion of the Town Board.
A multifamily project of one-family dwelling units which
may consist of one or more buildings wherein the real property title
and ownership is vested in an owner having an undivided interest with
others in the common usage areas and facilities which service the
project. Administration and maintenance of common areas must be provided
by the owners.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof, which are in active use by a construction contractor.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it except windows on a stairway.
An outer court extends to a street, and an inner court does not.
That percent of the aggregate gross floor area of a building
or buildings which reduces the total area of a plot.
Any use customarily conducted entirely within a dwelling
and carried on solely by the residents thereof, which use is clearly
secondary to the use of the dwelling for dwelling purposes and does
not change the character, either of the building or the district in
which the building is located. A "customary home occupation" shall
not be interpreted to include an animal hospital, commercial stables,
automotive repair service, barbershop, beauty parlor, restaurant,
kennels, funeral parlor, antique shop, tourist home, tearoom, tavern
or similar use.
The land area built upon in the form of plazas, malls, pedestrianways
and other areas of active and/or passive recreation, but not parking
areas.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within a special flood hazard area.
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, discarded machinery or parts thereof or waste
material of any kind. None are permitted in the Town. See also "junkyard."
A building designed or used principally as the living quarters
for one or more families. The term "dwelling," "one-family dwelling,"
"two-family dwelling," "multifamily dwelling," "multiple dwelling"
or "group dwelling" shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
See also "residence, temporary."
DWELLING, ONE-FAMILYA building containing one dwelling unit only.
DWELLING, TWO-FAMILYA building containing two dwelling units.
DWELLING, MOBILE HOMEA structure, transportable in one or more sections, which is built on a permanent chassis or transported on a truck or trailer, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING, SECTIONALA factory finished dwelling unit delivered and erected on the owner's lot in halves or other major sections and complying with all applicable local and state building codes.
DWELLING, GROUPA group of two or more dwellings occupying a lot in one ownership.
A building or portion thereof providing complete housekeeping
facilities for one family. As used in this chapter, the term includes
sectional and mobile home dwellings as defined.
A nonbasement building built to have the top of the elevated
floor parallel to the floor of the water and adequately anchored so
as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. It shall also include
a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement
of floodwaters.
The person duly appointed and designated as such by the Town
Board of the Town of Schroeppel.
The official map on which the Federal Insurance Administration
has delineated the special flood hazard areas and the risk-premium
zones applicable to the Town of Schroeppel and effective as of August
2, 1982.
The official report of the Federal Insurance Administration
for the Town of Schroeppel showing the flood profiles and water surface
elevations of the base flood, and includes the Flood Boundary-Floodway
Map (FBFM) depicting a regulatory floodway for riverine areas.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
Any land area susceptible to being inundated by water from
any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damages to properties, water and sanitary facilities, structures and
their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The aggregate sum of 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. In particular,
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.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
However, 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.
Uncovered steps and exterior fire escapes.
Terraces, breezeways, open porches and outside balconies and
open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
[Added 8-25-2016 by L.L.
No. 5-2016]
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 gasoline or any other motor vehicle fuel or
oil and other lubricating substances, including any sale of motor
vehicle 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 bodywork,
welding or painting.
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 solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
[Added 8-25-2016 by L.L.
No. 5-2016]
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent side of the structure)
to the highest point of such building or structure.
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.
[Added 6-2-1992 by L.L. No. 5-1992]
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, motor home, motorcycle, bicycle, minibicycle, or snowmobile,
or any other device originally intended for travel on the public highways
which meets any of the following conditions:
It is unlicensed, unregistered or uninspected.
It is either abandoned, wrecked, stored, discarded, dismantled,
or partly dismantled.
It is not in any condition for legal use upon the public highway.
It is in such condition as to cost more to repair and replace
in operating condition than its reasonable market value at that time
before such repair.
With respect to any motor vehicle not required to be licensed
or motor vehicle not usually used on public highways, the fact that
such motor vehicle has remained unused for more than six months and
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is a junk motor vehicle.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of any of the following:
[Amended 6-2-1992 by L.L. No. 5-1992]
Nonoperational equipment, including scrap metals or other scrap;
Used or salvaged building materials;
The dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereof;
The deposit on a lot of two or more junk vehicles;
One or more junk mobile homes or trailers longer than 16 feet;
Two or more junk appliances, including but not limited to washers,
dryers, dishwashers, stoves, refrigerators, freezers, televisions
and hot water tanks; and
Any combination of the above or parts of the above that total
two or more items.
Any place at which there are kept any number of dogs or other
animals for the primary purpose of sale or for the boarding, care
or breeding for which a fee is charged or paid.
A defined portion or parcel of 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, ownership or use,
and the customary accessories and open spaces belonging to the same.
A lot situated at the junction and adjacent to two or more
intersecting streets when the interior angle of intersection does
not exceed 135°.
See "coverage."
The mean distance from the front street of a lot to its rear
line.
A lot line which is coincident with a street line.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
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.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's "lowest floor," provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" also includes park trailers, travel trailers
and other similar vehicles placed on a site for greater than 180 consecutive
days.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
The Comprehensive Master Plan adopted by the Planning Board
for the development of the entire area of the Town, pursuant to Town
Law § 272-a, showing the desirable streets, bridges and
tunnels and the approaches thereto, viaducts, parks, public reservations,
roadways in parks, sites for public buildings and structures, zoning
districts, waterways and drainage systems and other features existing
and proposed as will provide for the improvement of the Town and its
future growth, protection and development and will afford adequate
facilities for the housing, transportation, distribution, comfort,
convenience, public health, safety and general welfare of the population
of the Town.
The National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on the Flood Insurance
Rate Map are referenced.
See "dwelling, mobile home."
Any lot, parcel or tract of land on which two or more mobile
homes are located for long-term occupancy, regardless of whether or
not any charge is made for such accommodation.
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 principally by motor vehicle travelers or other 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 cabins or roadside
hotel. The term also applies to seasonal and year-round use.
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
[Added 8-25-2016 by L.L.
No. 5-2016]
Structures for which the start of construction commenced
on or after the effective date of the Flood Insurance Rate Map of
the Town of Schroeppel.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
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 amendments thereto.
A building with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two to five years of age, inclusive, and operated on a regular basis,
including kindergarten, day nurseries and day-care centers.
A planned development in which heavy commercial uses are
allowed to exist but where the lot sizes, yard requirements and landscaping
regulations are regulated in order to gain a total development pattern
that is both beneficial to the community as a whole but which minimizes
any negative impact on existing and neighboring land uses.
A district that may occur within those areas presently zoned
for such a district (C-3) or within the present C-1, O, I and R-3
Districts upon securing a zone change from C-1, O, I or R-3 to C-3
based upon a finding by the Planning Board and the Town Board that
such is consistent with the intent of this chapter.
A planned development in which the density of the underlying
zoned district is maintained but where the lot size and setback regulations
are relaxed in order to gain a pattern that contains usable open space
and recreation area for the development residents. The area is that
which is planned as a total unit and may have a wide choice of residential-type
buildings, not specifically those allowed in the present districts.
A district that may occur anywhere within the present R-1,
R-2, RMH-1 and RMH-2 Districts but will not be mapped until such has
been finally approved by the Planning Board and the Town Board.
A temporary, nonpermanent device which announces, directs
or advertises any political, educational, charitable, philanthropic,
civic, professional, religious or similar organization, campaign,
show, drive, movement or event.
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
[Added 8-25-2016 by L.L.
No. 5-2016]
A vehicle designed and intended for short-term residential
occupancy, with or without its own water supply and sanitary facilities
or means of locomotion and not more than eight feet in width nor more
than 30 feet in length.
Any lot, parcel or tract of land on which two or more recreational
vehicles are located for short-term occupancy, regardless of whether
or not any charge is made for such accommodation.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residences,"
therefore, includes all one-family houses, boardinghouses, fraternity
and sorority houses. However, "residences" shall not include the following:
Any establishment where horses are kept for riding, driving
or stabling for compensation.
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection. Rooftop-mounted solar energy systems shall be wholly
contained within the limits of the building's or structure's roof
surface.
[Added 8-25-2016 by L.L.
No. 5-2016]
The distance in feet from the right-of-way of a street to
the principal building on a lot.
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any lettering, wording, model, drawing, picture,
banner, flag, insignia, device, marking or representation used as,
or which is in the nature of, an announcement, direction or advertisement.
A "sign" includes a billboard, neon tube, fluorescent tube or other
artificial light or string of lights, outlining or hung upon any part
of a building or lot for the purposes mentioned above, but does not
include the flag or insignia of any nation or of any governmental
agency or of any political, educational, charitable, philanthropic,
civic, professional, religious or similar organization, campaign,
drive, movement or event which is temporary in nature.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
[Added 8-25-2016 by L.L.
No. 5-2016]
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 8-25-2016 by L.L.
No. 5-2016]
A complete system of solar collectors, panels, controls,
energy devices, heat pumps, heat exchangers, and other materials,
hardware or equipment necessary to the process by which solar radiation
is collected and converted into another form of energy including but
not limited to thermal and electrical, stored and protected from dissipation
and distributed. A solar energy system shall not include any solar
energy system of four square feet in size or less.
[Added 8-25-2016 by L.L.
No. 5-2016]
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
[Added 8-25-2016 by L.L.
No. 5-2016]
A device which converts solar energy into electricity.
[Added 8-25-2016 by L.L.
No. 5-2016]
The space between a solar energy system and the sun through
which solar radiation passes.
[Added 8-25-2016 by L.L.
No. 5-2016]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 8-25-2016 by L.L.
No. 5-2016]
Land in the floodplain within the Town of Schroeppel subject
to a one-percent or greater chance of flooding in any one given year.
It includes the area shown on the FIRM as Zones A, AE, AH, AO, A1-A30
and A99.
A use which because of its unique characteristics requires
individual consideration through a procedure of review by the Town
Planning Board in order to determine whether a proposed use should
be allowed, conditionally allowed or denied based upon legislative
criteria.
[Added 8-11-2016 by L.L.
No. 4-2016]
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The actual
start of construction means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
That part of a building comprised between a floor and the
floor or roof next above it. See "attic," "basement" and "cellar."
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.
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 Planning Board and/or
recorded in the Office of the Oswego County Clerk.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above the ground, as well as a manufactured
home.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. "Substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not include:
A structure of two or more attached single-family, owner-occupied
dwellings connected laterally but not stacked upon one another and
having one or more common or party walls. The "townhouse" may also
exist without the commonality condition of party walls but only in
a planned unit development where adequate open space is assured.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation use. This term shall also include
"pickup coaches," "motor homes" and "camping trailers."
The presence of two or more semitrailers, with or without
attached tractors, shall be deemed to make a lot a "truck terminal."
The definition of "semitrailer" and "tractor" shall be as defined
in the Vehicle and Traffic Law of the State of New York.
This term is employed in referring to:
A yard 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.
A yard 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.
That portion of 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 the yard or other open space similarly required for buildings on
another lot.
A yard situated between the building and the side line 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).
