Except where specifically defined herein, all words used in
this chapter carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural
and the plural the singular, and the word "shall" is intended to be
mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A measurement of height from the natural grade of a site
to the highest point of a structure.
[Added 11-21-2001 by L.L. No. 4-2001]
A second dwelling unit located on the same lot as a principal
single-family dwelling located either within the principal dwelling
or within an accessory building which is subordinate to the principal
dwelling in terms of size, location and appearance. Such a dwelling
is an accessory use to the principal dwelling.
A building which is an accessory structure.
A structure incidental and subordinate to the principal structure
and located on the same lot with such principal structure. Where an
accessory structure is attached to the principal structure in a substantial
manner, as by a wall or roof, such accessory structure shall be considered
part of the main structure.
A use incidental and subordinate to the principal use and
located on the same lot with such principal use
A measure of land area containing 43,560 square feet.
Any form of recreation requiring significant levels of organization,
buildings or large numbers of persons. (NOTE: small groups of persons
using snowmobiles or trail bikes are considered forms of passive recreation;
however, a snowmobile race or a motor-cross race, for example, are
considered active forms of recreation).
Coverage for wireless communications facilities is considered
to be "adequate" within that area surrounding a base station where
the predicted or measured median field strength of the transmitted
signal is greater than -90 dbm for at least 80% of the intended coverage
area. It is acceptable for there to be holes within the area of adequate
coverage where the signal strength declines further away from the
base station (e.g., -95 dbm rather than -90 dbm). For the limited
purpose of determining whether the use of a repeater is necessary,
there shall be deemed to be inadequate coverage within said holes.
The outer boundary of the area of adequate coverage is that location
past which the signal does not regain a strength equal to or greater
than -90 dbm.
[Added 11-21-2001 by L.L. No. 4-2001]
An adult entertainment establishment used for the sale, whether
at retail or wholesale, or rental, whether for viewing on or off premises
of books, magazines, periodicals, recordings, films, videotapes/cassettes
or other viewing materials distinguished or characterized by an emphasis
on the display or depiction of sexual activity or specified anatomical
areas.
[Added 10-21-2009 by L.L. No. 3-2009]
Any lot, building, structure or portion thereof in which
a minor is not allowed due to the adult entertainment use conducted
therein. "Adult entertainment establishments" include, but are not
limited to adult bookstores, adult theaters (live or motion picture),
massage parlors and topless or striptease bars.
[Added 10-21-2009 by L.L. No. 3-2009]
Any business or activity for gain, either as a principal
or accessory use, which devotes or intends to devote more than 25
square feet of net floor area or more than 10% of its total net floor
area, whichever is less, or more than 10% of the volume of its stock
to display, exhibit or disseminate material distinguished or characterized
by emphasis on the display or depiction of sexual activity or specified
anatomical areas, regardless of whether by live entertainment, motion
picture, videocassette, photograph, cartoon or other means, in manner
unsuitable for the viewing by minors or otherwise prohibited by the
statutes of New York State.
[Added 10-21-2009 by L.L. No. 3-2009]
An adult entertainment establishment used for live performances
or motion pictures distinguished or characterized by the display or
depiction of sexual activity or specified anatomical areas.
[Added 10-21-2009 by L.L. No. 3-2009]
See "sign, advertising."
Barns, silos, storage buildings, equipment sheds, and other
structures customarily used for agricultural purposes.
The raising of crops, animals or animal products, the selling
of products grown on premises, incidental mechanical processing of
products, and any other commonly accepted agricultural operations.
The definition for agriculture shall include forestry-related uses
such as logging.
The structural change or change in use of any principal or
special use which results in any of the following:
The average height of a stand of trees. For the purpose of
determining the maximum height of a wireless communications facility
to be installed on a wooded lot having at least 20 trees within 100
feet of the proposed site, the average height of the trees located
within 200 feet of the proposed site shall be used to determine the
average tree canopy.
[Added 11-21-2001 by L.L. No. 4-2001]
Shelter having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals, or property.
A permit issued by the appropriate officer enforcing the
New York State Uniform Fire Prevention and Building Code.
Any person, firm, association, partnership, corporation or
other entity for profit.
[Added 10-21-2009 by L.L. No. 3-2009]
A wireless communications facility that is disguised, hidden,
part of an existing or proposed structure, placed within an existing
or proposed structure, or completely hidden by surrounding vegetation
is considered "camouflaged." When facilities include a new tower or
other tall structure, camouflage will conceal both the tall structure
and the accompanying antennas and other equipment through the use
of technology which gives these facilities the appearance of structures
which are compatible with the surrounding area.
[Added 11-21-2001 by L.L. No. 4-2001]
Land on which two or more campsites are located, established,
or maintained for occupancy by camping units of the general public
as temporary living quarters for recreation, education or vacation
purposes. A "camping unit" shall be considered any tent, lean-to,
cabin or similar structure, or recreational camping vehicle, excluding
mobile homes, established or maintained and operated in a campground
as temporary living quarters for recreation, education or vacation
purposes.
A company, licensed by the FCC, that provides wireless services
to customers.
[Added 11-21-2001 by L.L. No. 4-2001]
A certification by the enforcement officer that a lot, structure,
or use of land has been developed in conformity with an approved development
permit and/or complies with the provisions of this chapter, and may
be occupied and used for the purposes specified in such development
permit and/or certificate of compliance.
The use of a single wireless communications facility, either
on the ground or on an existing building or structure, by more than
one wireless communications carrier.
[Added 11-21-2001 by L.L. No. 4-2001]
Retail and wholesale, offices, personal and consumer services,
manufacturing, hotels, motels, boarding houses, restaurants, and bed-and-breakfast
inns.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to 1 milliwatt.
[Added 11-21-2001 by L.L. No. 4-2001]
A road with only one outlet for vehicles.
Any bulk quantities of chloride compounds and/or other de-icing
compounds intended for application to roads, including mixtures of
sand and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. Bulk quantity of de-icing compounds
means any quantity, but does not include any chloride compounds in
a solid form that are packaged in waterproof bags or containers that
do not exceed 100 pounds each.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
A permit issued by the enforcement officer certifying that
all plans for the use and development of land comply with the regulations
of this chapter, and granting permission to commence development activities
in conformity with the conditions of the approved permit. A development
permit should not be confused with a building permit issued by the
appropriate officer enforcing the New York State Uniform Fire Prevention
and Building Code.
See "sign, directional."
The abandonment, burial, discharge, deposit, injection, dumping,
spilling, spreading, leaking, or release by any other means of a substance
to the land surface, subsurface, surface water, or groundwater.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
The transfer of possession, custody, control or ownership
or of the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or specified anatomical areas.
[Added 10-21-2009 by L.L. No. 3-2009]
Buildings designed as the permanent living quarters for one
or more families.
A building designed or altered for use as a permanent dwelling
for three or more families.
A building designed as a part-time dwelling for a family,
usually inaccessible by automobile during several months of the year
and lacking improvements necessary for permanent use as a dwelling.
A detached building designed to be used as living quarters
by one family.
A building containing only two dwelling units, and occupied
by only two families.
Authorization by a property owner for the use by another,
for a specified purpose, of any designated part of his property.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed the electronic receiving and relay
equipment for a wireless communications facility. Associated equipment
may include air conditioning and emergency generators. This term does
not include offices, long-term storage of vehicles or other equipment
storage, or broadcast studios.
[Added 11-21-2001 by L.L. No. 4-2001]
The operation or maintenance by municipal agencies or public
utilities of telephone dial equipment centers; electrical or gas substations;
water treatment, storage and transmission facilities; pumping stations;
telecommunications towers and similar facilities.
A use listed in a land use district which requires neither
special use permit nor a development permit.
The area on the ground within a prescribed radius from the
base of a wireless communications facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material.
[Added 11-21-2001 by L.L. No. 4-2001]
One or more persons occupying a dwelling unit and living
as a single housekeeping unit.
A family home which is a personal residence and occupied
as a family residence which provides child day care on a regular basis
for more than three hours per day per child for three to six children
for compensation or otherwise, as provided for under the New York
State Department of Social Services. The name, description or form
of the entity which operates a family day-care home does not affect
its status as a family day-care home. For the purposes of this chapter,
a family day-care home shall be considered an accessory use to a one-family
dwelling.[1]
Any commercially produced mixture generally containing phosphorous,
nitrogen, and potassium that is applied to the ground to increase
nutrients from plants.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
See "lot line, front."
Services include but are not limited to cellular, personal
communication services (PCS), enhanced specialized mobile radio, specialized
mobile radio, and paging.
[Added 11-21-2001 by L.L. No. 4-2001]
Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking and/or serving of food.
A solar energy system that is directly installed in the ground
and not attached or affixed to an existing structure. Each contiguous
structure is considered an accessory structure within this chapter.
[Added 5-18-2016 by L.L.
No. 1-2016]
Any water beneath the land surface in the zone of saturation.
The zone of saturation is where water fills all available pore spaces.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
[Added 11-21-2001 by L.L. No. 4-2001]
Any substance which:
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
Because of its quantity, concentration, or physical, chemical,
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of, or otherwise managed;
Poses a present or potential hazard to the environment when
improperly treated, stored.
A nonresidential activity conducted for financial gain that
is clearly incidental and secondary to a residential use.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition,
including tires, vehicle parts, equipment, paper, rags, metal, glass,
building materials, household appliances, machinery, brush, wood,
and lumber.
The outdoor storage or deposit of any of the following:
Two or more junk vehicles;
One or more abandoned mobile homes or recreational camping vehicles;
Two or more abandoned all-terrain vehicles or snowmobiles (as
defined in the New York State Vehicle and Traffic Law);
Two or more inoperable appliances including, but not limited
to, lawn and garden machines, washers, dryers, dishwashers, stoves,
refrigerators, freezers and televisions;
Two or more inoperable pieces of equipment;
Any combination of the above, or parts of the above, that total
two or more items.
Any motor vehicle, whether all-terrain vehicle, automobile,
bus, trailer, truck, tractor, motor home, motorcycle, mini-bicycle,
or snowmobile, or any other device originally intended for travel
on the public highways, which meets all of the following conditions:
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 vehicle.
A self-supporting mount constructed of vertical metal struts
and cross braces forming a triangular or square structure which often
tapers from the foundation to the top.
[Added 11-21-2001 by L.L. No. 4-2001]
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
[Added 11-21-2001 by L.L. No. 4-2001]
A parcel of land considered as a unit, occupied or capable
of being occupied by a structure or use and accessory structures or
uses, or by a group of buildings united by a common use or interest;
and including such open spaces as are required by this chapter, and
having its principal frontage on a public road or an officially approved
place.
The length of the front lot line measured at the road right-of-way
line.
A line of record bounding a lot which divides one lot from
another lot or from a public or private road or any other public space.
The lot line separating a lot from a road right-of-way.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
A lot for which a valid conveyance has been recorded in the
County Clerk's office prior to the effective date of this chapter.
Any area of land used for the purpose of extracting stone,
sand, gravel or soil for sale, as a commercial operation which consists
of more than 1,000 tons or 750 yards of material per year.
Any land or structures used for the mechanical or chemical
transformation of materials or substances into new products including
the assembling of component parts, the manufacturing of products,
and the blending of materials such as lubricating oils, plastics,
resins or liquors.
A method of treating external parts of the human body by
rubbing, stroking, kneading, tapping or vibrating with the hand or
any instrument.
[Added 10-21-2009 by L.L. No. 3-2009]
An adult entertainment establishment used for administering
massages to the external parts of the human body, including but not
limited to rubbing, stroking, kneading, tapping or vibrating thereof
with the hand or any instrument. This definition shall not be deemed
to include any of the following: a medical care facility, nursing
home or any office of health care practitioner licensed by the State
of New York; a barber shop or beauty shop administering massage to
the scalp, face, neck or shoulders, a manicure or pedicure shop administering
massage to the hands or feet respectively; a volunteer rescue squad;
or a community facility or indoor or outdoor recreation facility operated
by a governmental agency or nonprofit organization.
[Added 10-21-2009 by L.L. No. 3-2009]
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health care practitioner duly licensed by the State of New York.
[Added 10-21-2009 by L.L. No. 3-2009]
A road designated as minimum maintenance as designated and defined in Chapter 190 of the Code of the Town of Martinsburg.
[Added 3-18-2020 by L.L.
No. 1-2020]
A structure, transportable in one or more sections, which
is at least eight feet in width and 32 feet in length, which is built
on a permanent chassis and designed to be used as a dwelling unit,
with or without a permanent foundation when connected to the required
utilities. 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. This term shall not include
factory manufactured homes known as "modular homes" bearing an insignia
issued by the State Fire Prevention and Building Code Council as required
in 9 NYCRR 1212.
Land on which are located, or which is maintained for use
by, two or more mobile homes.
A self-supporting mount constructed of a single shaft of
wood, steel or concrete with below-grade foundations and a platform
(or racks) for panel antennas arrayed at the top.
[Added 11-21-2001 by L.L. No. 4-2001]
A building or a portion of a building which is arranged,
intended or designed to be used commercially for making repairs to
motor vehicles.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
[Added 11-21-2001 by L.L. No. 4-2001]
See "dwelling, multifamily."
That portion of the building devoted to display whether for
viewing or dissemination of a business's stock-in-trade. This shall
not include entry areas, stock rooms, closets, storage areas, cash
register areas, any area from which the public is excluded, or rest
rooms, whether public or private.
[Added 10-21-2009 by L.L. No. 3-2009]
A lot, structure or use of land lawfully existing at the
time of enactment of this chapter or any amendment thereto which does
not conform to the regulations of the district in which it is situated.
[Amended 8-21-2013 by L.L. No. 2-2013]
A self-contained unit designed to provide heating to a building
or a structure, which unit is located outside of the building or structure.
[Added 5-18-2005 by L.L. No. 3-2005]
A district that encompasses one or more underlying districts
and that imposes additional requirements above that required by the
underlying district.
The lot or space in any mobile home park which shall be assigned
to or used and occupied by any one mobile home.
Hunting, fishing, hiking and other similar activities not
requiring structures or special supervision.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
[Added 5-18-2016 by L.L.
No. 1-2016]
A structure through which the principal use of the lot on
which it is located is conducted.
The primary or predominant use of any lot.
A certified or licensed radio frequency engineer specializing
in electrical or microwave engineering, especially the study of radio
frequencies.
[Added 11-21-2001 by L.L. No. 4-2001]
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use religious institutions:
public parks, playgrounds and recreational areas; schools; public
libraries; fire, ambulance and public safety buildings and public
meeting halls and community centers.
The emissions from wireless communications facilities.
[Added 11-21-2001 by L.L. No. 4-2001]
See "lot line, rear."
Useless unwanted or discard material.
A small receiver/relay transmitter of not more than 20 watts
output designed to provide service to areas which are not able to
receive adequate coverage directly from a primary sending and receiving
site in a wireless communications network.
[Added 11-21-2001 by L.L. No. 4-2001]
Any establishment that sells gasoline and diesel for automobiles
and trucks to the public. This includes service stations, convenience
stores, car washes or any other facility that sells gasoline.
Width of right-of-way measured at right angles to the center
of the road.
See "dwelling, seasonal (camp)."
A use which will not have access to a snowplowed or winter-maintained
public road or be provided with vehicular public services such as,
but not limited to, emergency services, school busing or postal delivery
during the winter snow season.
[Added 3-18-2020 by L.L.
No. 1-2020]
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
[Added 11-21-2001 by L.L. No. 4-2001]
The distance between one carrier's array of antennas and
another carrier's array.
[Added 11-21-2001 by L.L. No. 4-2001]
The distance from lot lines, buildings, rights-of-way, water
bodies or other specified boundaries to the nearest wall or comer
of any building.
The water-carried human or animal wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
Any act of masturbation, fellatio, cunnilingus, sodomy, sadomasochism,
sexual intercourse or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such person is female,
breasts.
[Added 10-21-2009 by L.L. No. 3-2009]
See "lot line, side."
A sign of permanent nature which is designed solely for advertising
a service or product and which does not convey information useful
to motorists.
Off-site signs for the sole purpose of indicating directions
to business and other establishments.
See "dwelling, single-family."
The solid, semisolid, or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kw and which is intended to
primarily generate on-site power or reduce on-site consumption of
utility power.
[Added 1-21-2009 by L.L. No. 2-2009]
A solar photovoltaic cell, panel, 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 5-18-2016 by L.L.
No. 1-2016]
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic,
and passive solar.
[Added 5-18-2016 by L.L.
No. 1-2016]
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to a public utility entity.
[Added 5-18-2016 by L.L.
No. 1-2016]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 5-18-2016 by L.L.
No. 1-2016]
All putrescible and nonputrescible materials or substances
that are discarded, abandoned, 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, sludges from air or water treatment facilities,
rubbish, tires, ashes, contained gaseous material, incinerator residue,
construction and demolition debris, discarded automobiles and offal.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
A use designated in a land use district that may be permitted
depending on individual circumstances. Such a use requires a site
plan review by the Planning Board.
[Amended 8-21-2013 by L.L. No. 2-2013]
Human male or female genitals, pubic areas or, when absent
of any opaque covering, buttocks; female breasts with less than a
full opaque covering of any portion thereof below the top of the areola;
and covered male genitals in a discernibly turgid state.
[Added 10-21-2009 by L.L. No. 3-2009]
Anything constructed or erected, the use of which requires
location on the ground or attached to something having a location
on the ground.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
rivers, streams, creeks, wetlands, marshes, and all other perennial
bodies of surface water, natural or artificial, public or private.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
An adult entertainment establishment used for the serving
and consumption of alcoholic beverages and featuring topless dancers,
waitresses, strippers or other persons displaying sexual activity
or specified anatomical areas for the patrons' interest.
[Added 10-21-2009 by L.L. No. 3-2009]
Any enclosed vehicle used or designed to be used for temporary
living and/or sleeping quarters.
Any lot, piece or parcel of ground where two or more travel
trailers are parked, located, or used, or for which said premises
are held open to the public for two or more such units.
See "dwelling, two-family."
Any lake, pond, wetland, or streambed.
An overlay zoning district comprised of a portion of a wellhead
protection area within 200 feet or 60 days groundwater time-of-travel
from a public supply well(s).
[Added 3-4-2004 by L.L. No. 3-2004]
The surface and subsurface area surrounding a water well
or wellfield, supplying a public water system, through which contaminants
are reasonably likely to move toward and reach such water well or
wellfield. This area has been delineated for the Martinsburg Water
District #1 and the Glenfield Water District by the New York Rural
Water Association based upon available hydrogeologic data.
[Added 3-19-2003 by L.L.
No. 2-2003; amended 3-4-2004 by L.L. No. 3-2004]
Wind-generating facilities which generate original power
on site to be transferred to a transmission system for distribution
to customers. The definition of wind-power-generating facilities shall
not include individual wind-power-generating facilities erected and
used primarily for private use.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish communications antenna.
[Added 11-21-2001 by L.L. No. 4-2001]
A facility for the provision of wireless communications services,
as defined by the Telecommunications Act of 1996,[2] and usually consisting of an equipment shelter, a mount,
and/or antenna(s). Radio or television transmission towers and repeaters
shall be included in the definition of wireless communications facilities.
[Added 11-21-2001 by L.L. No. 4-2001]
Three types of services are regulated by this chapter include
commercial mobile radio services, unlicensed wireless services, and
common carrier wireless exchange access services for cellular, personal
communication services (PCS), enhanced specialized mobile radio, and
specialized mobile radio and paging services. Excluded from this definition
are services used for fire, police and other dispatch communications,
or exclusively for private radio and television reception and private
citizen's bands, amateur radio and other similar private, residential
communications.
[Added 11-21-2001 by L.L. No. 4-2001]
