Words used in the present tense include the future; the singular
number shall include the plural, and the plural the singular; the
word "structure" shall include the word "building"; the word "used"
shall include "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used"; and the word "shall" is mandatory
and not optional.
[Amended 10-12-1994 by L.L. No. 1-1994; 5-12-1997 by L.L. No.
2-1997; 2-13-2001 by L.L. No. 2-2001; 6-28-2001 by L.L. No.
5-2001]
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure that is subordinate to the principal use
on the same lot and serving a purpose typically incidental and well
established to the principal use. In order for a use or structure
to be deemed an accessory use/customary accessory use it must be (a)
subordinate to the principal use on the same lot, (b) serving a purpose
that is typically incidental and well established to the principal
use, (c) unity of ownership between the principal and accessory uses,
and (d) promoting harmony of land use within the relevant zoning district
of the Town. In no case shall such accessory use dominate in area,
extent, or purpose to the principal use but be minor in its association
with the principal/primary use. Examples of customary accessory uses
and structures are decks, satellite dish antennas outdoor fireplaces,
patios, garages, carports, domestic gardens, sheds, and barns.
[Amended 8-20-2018 by L.L. No. 1-2018]
Use of a building or land for a business which has obscene
materials as a significant portion of its stock-in-trade or which
involves the sale, lease, trade, gift or display of drug paraphernalia.
Obscene materials include any literature, book, magazine, pamphlet,
newspaper, paper, comic book, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument or any other
written or recorded matter which depicts or describes, in a patently
offensive manner, sexual conduct and which, taken as a whole, does
not have serious literary, artistic, political or scientific value.
Drug paraphernalia includes any objects, devices, instruments, apparatus
or contrivances whose primary and traditionally exclusive use is involved
with the illegal use of any and all controlled substances under the
New York State statutes.
Business activities utilizing 50% or more of product grown
and/or produced on the property, including, but not limited to, U-picks,
CSAs, expanded road stands, corn mazes, hay rides, pumpkin patches,
seasonal events, school programs, weddings and parties, farm markets,
dairy barns, bakeries, farm stores and restaurants, bed-and-breakfasts,
farm support businesses such as community kitchen, and farm-compatible
businesses, farm distilleries, and farm vineries.
[Amended 12-16-2019 by L.L. No. 1-2019]
Any processing facilities, on-farm buildings, manure processing
and handling, and practices that contribute to the production, preparation
or selling of crops, livestock, and wood products, including commercial
horse-boarding operations and compost, mulch or other biomass operations.
Agriculture is an activity that produces food, fiber, animal products,
wood products, and other goods and services from the land, including
but not limited to maple syrup, bee products, and Christmas trees.
Activities conducted by a farmer on-farm for the enjoyment
or education of the public, which primarily promote the sale, marketing,
production, harvesting or use of the products of the farm and enhance
the public's understanding and awareness of farming and farm life.
Agri-tourism activities include, but are not limited to, on-farm bed-and-breakfasts,
farm stay programs, U-pick operations, and pumpkin patches.
A change, enlargement or rearrangement in the structural
parts of a structure, land or building use; whether by extending on
a side or by increasing in height; or moving from one location or
position to another.
A facility for the medical or surgical care and treatment
of animals, including shelters and like facilities, other than animal
kennels as described herein.
Any shop or garage, other than a private garage, available
to the public, operated for gain and where bodywork and painting are
performed.
A building or place of business where repair service is the
primary business use, and where gasoline, oil and greases, batteries,
tires and automobile accessories may be supplied and dispensed directly
to the motor vehicle, at retail.
That portion of a building that is partly or completely below
grade plane (see "story above grade plane" in Section 202 of the Building
Code). A basement shall be considered as a story above grade plane
where the finished surface on the floor above the basement is: more
than six feet (1829 mm) above grade plane; more than six feet (1820
mm) above the finished ground level for more than 50% of the total
building perimeter; or more than 12 feet (3658 mm) above the finished
ground level at any point; or whatever the applicable and current
definition in the NYS Building Code may prescribe.
A dwelling in which overnight accommodations not exceeding
eight bedrooms and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor; or whatever the applicable and current definition
in the NYS Department of Health regulations may be.
Any dwelling in which more than three persons either individually
or as families are housed or lodged for hire with meals normally but
not necessarily included as a part of the services rendered; or whatever
the applicable and current definition in the NYS Department of Health
regulations may be.
The ground area of a lot which shall be left in its natural
state or planted, as may be required by code and/or district regulations
or the Planning Board in connection with site plan review.
Any structure, having a roof supported by such things as
columns, posts, piers or walls and intended for the shelter, business,
housing or enclosing of persons, animals, property or other materials,
including any combination of materials forming any construction. The
term 'building' shall include the term 'structure', as well as the
following:
Signs.
Walls and retaining walls.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 10
feet above the highest level of the roof of such building.
Pergolas, porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest points of the roof, with exceptions for certain uses as
provided herein.
A structure in which the principal use of the site on which
it is situated is conducted. In any residential district any dwelling
shall be deemed to be a principal building on the district on which
the same is located.
A line parallel to the street line at a distance there from
equal to the depth of the front yard required for the zoning district
in which the lot is located.
See "dwelling, multiple."
Concentrated Animal Feeding Operation.
Animal feeding operation that stables or confines as many
as or more than the numbers of animals specified in any of the following
categories:
|
700 mature dairy cows, whether milked or dry
| |
|
1,000 veal calves
| |
|
1,000 cattle, other than mature dairy cows or veal calves. Cattle
includes, but is not limited to, heifers, steers, bulls and cow/calf
pairs.
| |
|
2,500 swine, each weighing 55 pounds or more
| |
|
10,000 swine, each weighing less than 55 pounds
| |
|
500 horses
| |
|
10,000 sheep or lambs
| |
|
55,000 turkeys
| |
|
30,000 laying hens or broilers, if the AFO uses a liquid manure
handling system
| |
|
125,000 chicken, other than laying hens, if the AFO uses other
than a liquid manure handling system
| |
|
82,000 laying hens, if the AFO uses other than a liquid manure
handling system
| |
|
30,000 ducks, if the AFO uses other than a liquid manure handling
system
| |
|
5,000 ducks, if the AFO uses a liquid manure handling system
|
Animal feeding operation that stables or confines the type
and number of animals that fall within any of the following ranges:
|
200 to 699 mature dairy cows, whether milked or dry
| |
|
300 to 999 veal calves
| |
|
300 to 999 cattle, other than mature dairy cows or veal calves.
Cattle includes, but is not limited to, heifers, steers, bulls and
cow/calf pairs.
| |
|
750 to 2,499 swine, each weighing 55 pounds or more
| |
|
3,000 to 9,999 swine, each weighing less than 55 pounds
| |
|
150 to 499 horses
| |
|
3,000 to 9,999 sheep or lambs
| |
|
16,500 to 54,999 turkeys
| |
|
9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid
manure handling system
| |
|
37,500 to 124,999 chicken, other than laying hens, if the AFO
uses other than a liquid manure handling system
| |
|
25,000 to 81,999 laying hens, if the AFO uses other than a liquid
manure handling system
| |
|
10,000 to 29,999 ducks, if the AFO uses other than a liquid
manure handling system
| |
|
1,500 to 4,999 ducks, if the AFO uses a liquid manure handling
system
|
Animal feeding operation that is designated by the Department
of Environmental Conservation as a CAFO or requests CAFO permit coverage
and is not a medium or large CAFO. Small CAFOs must meet all of the
medium CAFO regulatory requirements of this general permit
Recreational camps with year-round intermittent occupancy,
dedicated to the pursuit of hunting and fishing activities.[1]
The development or use of a lot, tract or parcel of land
for the provision of indoor or outdoor recreational or educational
activities. Any or all of the following features may be included:
temporary or permanent shelters, buildings or structures that are
designed for seasonal use or year-round use, including but not limited
to any or all of the following structures or features within: cabins,
dormitories, cafeterias, gymnasiums, community centers, administration
buildings, sanitary facilities, and similar structures for use by
the camp attendees and designed in accordance with all applicable
uniform building codes as they apply to their intended use, e.g.,
seasonal or year-round. In addition, ball playing fields, basketball
courts, tennis courts, running tracks, swimming pools, horseback riding
facilities, hiking and riding trails, and other similar facilities
and their associated activities are permissible. The occupants of
a camp shall be limited to the owner, any employed directors and teachers
and their immediate families; all individuals registered for the camp
session for whom a fee was paid to attend; and persons employed by
the owner or operator of any such camp to support its functions, including
counsellors, cooks and maintenance personnel. "Camp" as defined herein
shall not include "camp, hunting and fishing."
[Added 8-20-2018 by L.L. No. 1-2018]
The development of a lot, tract or parcel of land for the
purpose, whether immediate or future, of lease, rent, sale or transfer
of ownership, for the purpose of providing a site for travel trailers,
truck campers, camper trailers, motor homes, or tents for transient
use.
A place used for burials, whether in the ground or in mausoleums,
provided that no new cemetery shall result in in-ground burials within
a one-hundred-year floodplain area or the construction of any mausoleum
structure of greater than 500 square feet in size any closer than
100 feet from the perimeter of the cemetery.
Developments which provide for single-family dwelling units
and permitted accessory uses, wherein dwelling units are grouped in
sections in order to maximize the amount of common space and to preserve
the natural setting.
The person charge by the Town Board with responsibility for
administration and enforcement of this chapter.
An indoor or outdoor privately run business involving playing
fields, courts, arenas or halls designed to accommodate sports and
recreational activities, such as but not limited to billiards, bowling,
dance halls, gymnasiums, health spas, skating rinks, indoor or outdoor
shooting ranges, tennis courts, swimming pools, team sports and golf
courses.
A voluntary but legally binding agreement between a landowner
and a land trust to preserve all or some of a property's natural values.
The easement states how the owner will protect these values. Usually
the landowner gives up substantial development rights, but retains
title to the land. The owner continues to live on the land and use
it, and he can sell it, or pass it to heirs. Subsequent owners are
also bound by the terms of the easement.
See "cluster development."
Any contracting business outside the definition of a single
contractor.
Small, one-person and owner-operated business suitable for
location within residential zone districts (R1 and R2). Such business
must not exceed a minor physical presence in the district and must
not change the character of the zoning district with its equipment,
vehicles, and/or storage buildings. Generally, this means one commercial
vehicle, one storage building for equipment and tools without any
production or manufacturing activity, and no outdoor/visible storage
of business equipment.
A retail store or personal service shop, of 2,000 square
feet or less in size (excluding the canopy over any gas pumps), with
or without the sale of gasoline, and designed primarily to accommodate
the needs of the immediate surrounding area, but excluding vehicle
and equipment sales.
A ramp built into the curb of a sidewalk to ease passage
to the street for vehicles, or a separate ramp for bicyclists, pedestrians
with baby carriages, and physically disabled people.
[Amended 12-16-2019 by L.L. No. 1-2019]
A nonresidential facility which meets New York State requirements
for certification intended to provide daily assistance and/or supervision
to handicapped adults, the elderly or adults otherwise requiring assistance
to perform activities associated with daily living.
A nonresidential facility intended to provide the daytime
care and supervision of children for a period exceeding three hours
and which meets New York State requirements for certification.
A self-contained development that provides visitor-oriented
accommodations, developed recreation facilities and appropriate support
services. Developed recreation facilities may include, but are not
limited to, golf courses, tennis courts, swimming pools, ski runs,
bicycle paths and similar facilities. Visitor-oriented accommodations
include overnight lodging, restaurants, meeting facilities, entertainment
venues, gaming casinos, and similar uses.
[Amended 12-16-2013 by L.L. No. 5-2013]
Any dry-cleaning and/or laundry operations without on-site
retail and with more than a combined total of 5,000 square feet floor
space.
A building, or entirely self-contained portion thereof, containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boarding or rooming house, convalescent home, dormitory, fraternity
or sorority house, hotel, inn, lodging, nursing or other similar home,
recreational vehicle or other similar structures or vehicles shall
not be deemed to constitute a dwelling unit.
A building, or portion thereof, containing more than two
dwelling units including apartment buildings, condominium units, mid-rise
(three to six stories) dwelling projects, garden apartments, single-family
residential conversions, row-houses, and townhouses.
A detached building designed or occupied exclusively by one
family and having two side yards, with at least 960 square feet of
living area, erected on a permanent foundation, with/without basement,
and equipped for year-round occupancy.
A dwelling unit located above a commercial space and occupied
by the owner or commercial occupant of the building or, in the case
of a condominium dwelling unit above a commercial space, the owner
of such a condominium dwelling units.
A structure containing two dwelling units.
An establishment where food and drink are prepared, served,
consumed and sold primarily within the principal building or its outdoor
terrace or patio area. The term "restaurant" shall not include "restaurants,
fast food" as defined herein. A bar or tavern that also serves food
shall be considered an "eating and drinking place."
[Amended 12-16-2019 by L.L. No. 1-2019]
Any exterior device designed to receive electronic signals,
including satellite dishes, television antennas and similar devices.
See "services, essential."
Any location where agriculture activities take place.
A use or structure located on a farm that is clearly incidental
and subordinate to the principal activity of agriculture located on
the same lot and in the same ownership.
A use primarily engaged in the sale and rental of farm tools
and implements such as feed, grain, tack, animal care products, farm
and garden supplies and machinery, excluding large vehicles such as
farm tractors or combines.
[Added 12-16-2019 by L.L. No. 1-2019]
A structure whose principal use is the seasonal display and
sale of agricultural products grown on the premises. A farm stand
may also include a movable wagon or platform pulled by a truck or
tractor and placed in proximity to a roadway to attract potential
customers.
Farm producing primarily dairy products.
Farm with primary purpose to raise livestock to be processed
for the production of farm products.
Farm with poultry as primary marketable output.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in agriculture,
whether for profit or otherwise, including the cultivation of land,
the raising of crops, or the raising of livestock.
A floating district is a zoning district that is added to
the zoning law but that floats until an application is made to apply
the new district to a certain parcel. Upon the approval of the application,
the zoning map is amended to apply the floating district to that parcel
of land.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises. Garage space is not classed as living
area when part of a dwelling. Detached garages for residences are
accessory structures under the Town of Liberty Code.
The sum square footage of the area of all floors of a building
as measured from the exterior walls, plus the area of any deck structures
without roof.
Space occupied by one or more persons for living sleeping,
eating or cooking. Restaurants for employees and occupants, kitchens
serving them and kitchenettes shall not be deemed to be habitable
space.
An establishment primarily engaged in providing services
for human health maintenance or other temporary or permanent care
including hospital facilities, nursing and adult homes, nursery schools,
day-care centers and medical clinics and offices.
Any use conducted entirely within a single-family dwelling
or accessory building, and carried on by the inhabitants, which use
is clearly incidental and secondary to the principal building and
does not change its character. Home occupations may include but are
not limited to medical and dental offices, other professional offices,
custom dressmaking, or tailoring, artist or musician studios, foster
family care (for not more than four children simultaneously), tutoring
(for not more than five students at a time).
[Amended 12-16-2019 by L.L. No. 1-2019]
A commercial horse boarding operation provides care, housing,
health, related services and training to animals kept on the premises
or on other properties owned or leased by the farm operation. Riding
and training activities, not open to the general public, that are
directly related to and incidental to the boarding and raising of
horses, including riding lessons for persons who own or have a long-term
lease from the farm owner for the horse that is boarded at the farm
and uses for such activities, are part of the farm operation. Riding
academies and horse racing operations are not deemed to be a horse
boarding operation.
A lodging facility in which ingress and egress to and from
at least some rooms is made through an inside lobby or office, supervised
by a person in charge at all hours, with or without a dining room
or restaurant, meeting rooms and/or recreational facilities. See also
"lodging facility."
[Amended 8-5-2013 by L.L.
No. 1-2013]
A tract of land providing for more than one industrial use,
as designated under "light industrial," designed, maintained and operated
as a unit in single ownership or control and sharing certain facilities
in common, such as driveways, parking areas, drainage, utilities,
and screening.
See "lodging facility."
Charitable, universally accessible, nonprofit or quasi-public
uses including but not limited to places of worship, health facilities,
schools, libraries, treatment center and the like.
A church, synagogue, or other place of religious worship,
as well as a monastery or other place of religious retreat.
An animal feeding operation (AFO) as defined and regulated
pursuant to ECL Section 17-0105(16) and which is a CAFO.
An area of land, with or without buildings, used for the storage, outside a completely enclosed building of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same (see Town of Liberty Junkyard Law, Chapter 93 of the Liberty Code).
Any enclosure, premises, building, structure, lot, or area,
including kennels (as the word is commonly interpreted to mean), compounds
and rescue or related facilities in which more than four dogs or six
domesticated animals of at least six month of age are kept, harbored
or maintained for commercial or noncommercial purposes for continuous
periods of 72 hours or more.
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and groundwater resources, and in regard to ambient air quality, noise
and light radiation.
Any hotel, motel, inn, or other establishment providing sleeping
accommodations for transient guests, with or without a dining room
or restaurant, excluding bed-and-breakfast establishments.
A designated parcel, tract, or area of land occupied, established
by plat, subdivision or as otherwise permitted by law, to be used,
developed or built upon as a unit.
The area of land contained within the limits of the property
lines bounding that lot. Any portion of a lot included in a street
right-of-way shall not be included in calculating the lot area.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of
less than 135°. The point of intersection of the street lot lines
is the corner.
The percentage of the plot or lot area covered by the building
area and all impervious surfaces. Parking areas, regardless of how
surfaced, shall be considered impervious.
The mean horizontal distance between the front and rear lot
lines.
A lot located in such a position that it is to the rear of
a lot fronting on the same street with or without a shared curb cut.
The property lines bounding the lot:
LOT LINE FRONTThe line separating the lot from the street right-of-way. The front lot line shall be established 25 feet from the center line of the road where the right-of-way lines is unknown.
LOT LINE REARThe lot line opposite and most distant from the front lot line.
LOT LINE SIDEAny lot line other than a front or rear lot line.
LOT LINE STREETA lot line separating the lot from a street.
Any district lot or combination of lots under single ownership
at the date of adoption of this local law which does not conform to
the minimum width, depth and area dimension specified for the district
in which said lot is located.
Any lot which individually or as part of a subdivision has
been recorded in the office of the County Clerk.
The distance between the two side lot lines, measured at
the edge of the highway right-of-way.
Farm, earth-moving and excavating equipment.
Manufactured homes are built in a factory and installed on
the home site. They must meet U.S. Department of Housing and Urban
Development (HUD) construction requirements. If built before the 1976
HUD Code, they are commonly called mobile homes.
Any naturally formed solid material of commercial value located
on or below the surface of the earth. For purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction or removal of minerals from the ground for
sale or exchange or for commercial, industrial or municipal use. The
definition shall not apply to:
The excavation or grading of an area necessary to prepare a
site for construction in accordance with an approved building permit,
site plan or subdivision plan, provided that the excavation takes
place within the project site, does not involve the sale or exchange
of mineral resources to off-site locations, and is an integral part
of the involved project activities.
Excavations or grading undertaken to enhance the agricultural
use of lands or to provide for structures or other improvements that
benefit or are necessary for ongoing or imminent agricultural activities.
This exemption applies only to excavations where the mineral removal
and subsequent reclamation enhances the agricultural usability or
productivity of the land.
See "manufactured home."
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.
A parcel of land which has been planned and improved for
the placement of three or more mobile homes which are used as dwellings
and for occupancy of more than 90 consecutive days.
A durable surface located on a mobile home lot which is capable
of supporting and is used for the placement of a mobile home.
A modular home is constructed of premade parts and unit modules.
A complete kitchen and bath may be preset in the house. Wall panels,
trusses, and other prefabricated house parts are transported on a
flatbed truck from the factory to the building site. You may even
see an entire half-house moving along the highway. At the building
site, these house sections are lifted onto the foundation where they
are permanently anchored. Unlike manufactured homes, modular homes
must conform to the building codes for the locations where they are
erected. Some housing subdivisions prohibit modular homes.
A lodging facility with individual entrances, from outside
the building, to serve each guest unit. The term "motel" includes
buildings designated as tourist courts, motor lodges, auto courts
and similar appellations, but does not include boardinghouses. See
also "lodging facility."
Definition to come from Farmland Protection Committee.[2]
See "habitable space."
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting.
Any private school, accredited by the Education Department
of the State of New York, designed to provide daytime care and instruction
for not more than 75 children from two to six years of age, inclusive.
The New York State Uniform Fire Prevention and Building Code.
[Added 12-16-2019 by L.L. No. 1-2019]
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business,
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices or
salesmen/women, sales representatives, architects, engineers, physicians,
dentists, attorneys, insurance brokers, accountants, real estate brokers
and persons with similar occupations.
A sewage system or water supply system designed to serve
more than one dwelling unit or building, whether such system(s) are
publicly or privately provided.
A structure for the slaughter and processing of animals and
fowl for food as per NYS Agriculture and Markets Law Article 5-A.
A sewage disposal or water supply system service one single-family
dwelling only.
Land left in a natural state for conservation and agricultural
purposes or for scenic purposes, devoted to the preservation of distinctive
ecological, physical, visual, architectural, historic, geologic or
botanic sites. It shall also mean land left in a natural state and
devoted to active or passive recreation. The term shall not include
land that is paved, used for the storage, parking or circulation of
automobiles, or occupied by any structure except agricultural buildings.
An unenclosed portion of a lot that is not devoted to driveways
or parking spaces and generally free of structures of any kind except
for permitted accessory uses.
Land used for keeping of goods, wares, equipment, or supplies
outside of a structure.
Overlay districts are imposed over existing zoning districts
and contain provisions that are applicable in addition to those contained
in the zoning law.
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special use or accessory use shall be considered a prohibited use.
See "services, personal."
A small animal (generally under 150 pounds.) that is customarily
kept for company or enjoyment and one that may be properly and safely
kept within a dwelling unit or yard, unless otherwise regulated. "Household
pets" shall include dogs, cats, pet rabbits, domestic tropical birds,
rodents (gerbils, hamsters and guinea pigs) and reptiles and amphibians.
An area of minimum contiguous size, as specified herein,
to be planned and developed as a single entity containing one or more
residential and/or commercial uses as specified herein.
[Amended 12-16-2013 by L.L. No. 5-2013]
A community or homeowners' association which is organized
in a development in which individual owners or members share common
interests in open space of facilities. A POA typically holds title
to certain common property, enforces covenants and restrictions, and
manages various aspects of the development. For purposes of this chapter,
the term shall include time-sharing agreements, cooperative agreements,
condominiums and similar vehicles of common ownership with approval,
where required, from the New York State Attorney General's Office.
Structures and uses operated by governmental agency (whether
municipal, county, regional, state or federal) in the proper exercise
of their jurisdiction.
See "campground."
A vehicle used for personal pleasure or personal travel and
not in connection with any commercial endeavor. This definition includes,
but is not limited to, campers, travel trailers, buses, camping trailers,
pick-up trucks with slide-in campers, recreational vehicle homes and
motor homes.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
See "eating and dining places."
A business enterprise primarily engaged in the sale of quickly
prepared food and beverages, selected by patrons from a limited line
of prepared specialized items such as hamburgers, chicken, pizza,
taco, ice cream and hot dogs, for take-out and/or on-premises consumption
(in the latter case, where orders are placed at a counter as opposed
to table service via wait staff, in a facility where the floor area
available for dining is less than 1/2 of the gross floor area, and
a major portion of the sales to the public is a drive-in or stand-up
type counter. The term "fast food restaurant" shall not include bakeries,
delicatessen, or similar types of retail establishments. See also
"restaurant."
Stores and shops where goods and services are sold primarily
at retail. Such sales are primarily made to the consumer and include,
but are not limited to, goods such as food and beverages; florists;
shoes and clothing; hardware, paint and wallpaper; carpeting; hobby
and crafts; books; furniture; antiques; art supplies; music and musical
instruments; pharmacies; jewelry; photographic supplies; pets; gifts;
stationery; sporting goods; fabrics; optical goods; launderette/Laundromat
and appliances; but excluding lumber yards, restaurants, and fast-food
restaurants. Outside storage or display of goods for such is permitted
only with site plan review by the Planning Board.
An accessory retail use located within and as part of an
industrial use where the bulk of the retail goods are manufactured
on-site and the retail use is limited to 10% of the total floor area
or 4,000 square feet or less.
A commercial establishment that offers riding lessons to
the general public and to individuals that do not own or have a long-term
lease for the horse that is boarded and used at the facility for such
riding.
An institution, not owned by a public agency, which offers
to its students formal education and is chartered by the Board of
Regents of the University of the State of New York.
An institution under the jurisdiction of a school district
or other public agency and legally constituted by the State of New
York to offer free formal education to residents of the district.
The blocking, shielding or concealment of views, vistas and
noise through a proper and well designed scheme of planting trees,
shrubs, hedges and vines or the installation of a fence approved by
the Planning Board.
A single- or multifamily dwelling, restricted to occupancy
by persons of 62 years of age or older, where such residents are supported
in the activities of daily living by trained staff.
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, cable, water and sewage collection
systems, and wireless communication for the support of emergency services,
along with normal accessory activities.
An establishment primarily engaged in providing services
involving the care of a personal or personal apparel, such as a beauty
parlor, barber shop, health and fitness center, tailor, or custom
cleaning services.
A small storage building with less than 140 square feet of
floor space.
The use of a structure for archery and/or the discharge of
firearms for the purposes of target practice or temporary competitions.
[Added 12-16-2019 by L.L. No. 1-2019]
The use of land for archery for the purposes of target practice
or temporary competitions. Excluded from this use shall be general
legal hunting and unstructured and nonrecurring discharging of firearms
on private property.
[Added 12-16-2019 by L.L. No. 1-2019]
A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements. All shopping centers are subject to special use/site plan review procedures and shall meet the requirements of § 147-20F.
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window) and used as an advertisement,
announcement, or direction.
The total area of each side of a sign within which all written
and graphic material is contained.
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain
A sign and sign support structure not attached to or part
of a building.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
An illuminated sign that is made of translucent material
with internal artificial lighting.
Any sign which extends from the exterior of any building
more than nine inches.
The development for one or more lots in on which is shown
the existing and proposed conditions of the lot including topography,
vegetation, drainage, floodplains, marches and waterways, open spaces,
walkways, means of ingress and egress, utility service, landscaping,
structures and signs, lighting and screening devices, and other information
that reasonably may be required in order that an informed decision
can be made by the approving authority.
The process provided for in § 274(a) of the Town
Law whereby the Town of Liberty Planning Board reviews and approves,
disapproves or approves with conditions the establishment and certain
uses and site plans connected therewith.
A special permit use subject to Planning Board approval pursuant
to § 274(b) of the New York State Town Law and permitted
in a particular zoning district only on showing that such use in a
specified location will comply with all conditions and standards for
the location or operation of such use as may be reasonably imposed
according to the requirements of this chapter.
[Amended 12-16-2019 by L.L. No. 1-2019]
The use of land or of a building for the keeping of horses
for hire, remuneration or sale, including riding academies. Any stable
involving the keeping of more than five horses shall be considered
commercial whether operated for profit or not.
A place to put belongings both for personal and business.
A shipping container will only be considered for business.
Any vehicular way improved to the standards of the Town of
Liberty; shown on the official map of the Town of Liberty; existing
as a village, Town, county or state highway; shown on an approved
subdivision plat; or a street shown on a plat filed with the County
Clerk prior to the Planning Board's authorization to review subdivisions.
The dividing line between a lot and a street right-of-way.
That which is built or constructed.
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches (610 mm) deep. This includes
in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
Nonpermanent residence of less than five months' consecutive
or 180 days' intermittent residence per year.
A facility at which buses, vans, limousines and other vehicles
used for transportation of the public and students are staged, garaged,
repaired and maintained and at which drivers/operators report to work.
[Added 10-20-2017 by L.L. No. 3-2017]
A privately owned forest dedicated to producing renewable
and sustainable crops of forest products while protecting the soil,
water, range, aesthetic, recreation, wood, fish and wildlife resources.
A certified tree farm must maintain standards set by the American
Forest Foundation and is decertified if it fails to continue to meet
the standards.
An area or building where cargo is stored and where trucks
load and unload cargo on a regular basis with or without truck maintenance
and repair facilities.
A building or structure containing two or more uses as regulated
within the NYS Building Code, none of which are primary uses and none
of which are subordinate to the other. Residential structures containing
home occupations are not mixed uses.
Any device on wheels, treads or runners, self-propelled or
towed, including but not limited to automobiles, trucks, motorcycles,
trailers of all types, all-terrain-vehicles (ATVs) and snowmobiles.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used, including, but not limited to, boats or trailers; farm
tractors or combines; or other equipment. A selection of motor vehicles,
boats or trailers or other equipment may be displayed within a totally
enclosed building but still others may require an outdoor area for
their storage.
[Amended 12-16-2019 by L.L. No. 1-2019]
See "animal hospital."
A building, or part of a building, for storing of goods,
wares, and merchandise whether for the owner or for others, and whether
it is a public or private warehouse.
A structure or group of structures for the dead storage of
customers' goods and wares where individual stalls or lockers are
rented out to different tenants for storage and where one or more
stalls of lockers have less than 500 square feet of floor area.
A protected area of importance for wildlife, flora, fauna
or features of geological or other special interest, which is reserved
and managed for conservation and to provide special opportunities
for study and research. Wildlife preserves may only contain buildings,
structures and roadways directly related to its purpose.
A structure used for religious observances, such as churches
and synagogues.
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein provided.
An open space extending the full width of a lot, which lies
between the required front setback line and the front lot line, unoccupied
and unobstructed from the ground upward.
An open space extending the full width of a lot, which lies
between the required rear setback line and the rear lot line, unoccupied
and unobstructed from the ground upward.
An open space extending the full width of a lot, which lies
between the required side setback line and the nearest side lot line,
unoccupied and unobstructed.
