Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. For purposes of
this chapter, certain terms and words shall be interpreted as follows:
A.Â
Words used in the present tense shall include the future.
B.Â
The plural usage includes the singular, and the singular the plural.
C.Â
The word "shall" is mandatory.
D.Â
The word "may" is permissive.
E.Â
The word "building" includes the word "structure," and "building"
or "structure" includes any part thereof.
F.Â
The word "lot" includes the words "plot" and "parcel."
G.Â
The words "occupied" and "used" shall be interpreted as though followed
by the words "or intended, arranged, or designed to be used or occupied."
H.Â
The words "he" and "she" include the opposite gender, and in both
instances include the words "they" and "it."
For purposes of this chapter, the following terms shall have
the meanings indicated below:
Any item that has ceased to be used for its designed and
intended purpose. The factors used in determining whether or not an
item has been abandoned include, but are not limited to, the following:
Present operability and functional utility of the item;
The date of last effective use of the item;
The condition of disrepair or damage of the item;
The last time an effort was made to repair or rehabilitate the
item;
The status of registration or licensing of the item;
The age and degree of obsolescence of the item;
The cost of rehabilitation or repair of the item when compared
to its pre-repaired market value; or
The nature of the area where such item is located and location
of the item within such area.
A dwelling unit of no less than the minimum required habitable
floor area, accessory to an owner-occupied single-family dwelling.
For purposes of this definition, "minimum required habitable floor
area" shall mean:
Seven hundred twenty square feet, in the case of an accessory
apartment detached from both the (principal building) owner-occupied
single-family dwelling to which it is accessory and any related private
garage; and
Five hundred square feet, in the case of an accessory apartment
detached from the owner-occupied single-family dwelling to which it
is accessory but located over or otherwise attached to a garage which
is accessory to the (principal building) owner-occupied single-family
dwelling.
A structure detached from and subordinate to a principal
building on the same lot, having less than 1/2 of the habitable floor
area of the principal building, and which is used for purposes customarily
incidental to those of the principal building or use, such as a private
garage, storage, recreation, and home-based occupation.
A use customarily incidental and subordinate to the principal
use, where the principal use is lawful, where there is unity of ownership
between the principal and accessory use, where the principal and accessory
uses are located on the same lot, and the use does not change the
character of the principal land use. A use which dominates the principal
use in area, extent or purpose is not eligible to qualify as an accessory
use.
For the purpose of calculating lot area under this chapter,
an acre shall be considered to consist of 43,560 contiguous square
feet.
Any business involving one or more of the following:
Adult arcades where, for any form of consideration, one or more
motion-picture projectors, slide projectors, video cassette players,
computers, or similar electronic machines, for viewing by five or
fewer persons, each are used to show films, motion pictures, video
cassettes, slides, DVDs, computer-generated images, other visual representations,
or other photographic or electronic reproductions which are characterized
by emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
Adult bookstores which have a substantial (50% or more) portion
of their stock-in-trade and offer for sale or any form of consideration
any one or more of the following:
Books, magazines, periodicals, or other printed matter or photographs,
film, motion pictures, video cassettes, slides, DVDs, computer-generated
images, other visual representations, or other photographic or electronic
reproductions which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
Adult cabarets, meaning any nightclub, bar (including establishments
which do not serve alcoholic beverages), restaurant or similar establishment
which regularly features live performances characterized by exposure
of specified anatomical areas or by specified sexual activities or
films, motion pictures, videos cassettes, slides, DVDs, computer-generated
images, other visual representations, or other photographic or electronic
reproductions characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Adult motion-picture theaters where, for any form of consideration,
films, motion pictures, video cassettes, slides, DVDs, computer-generated
images, other visual representations, or other photographic or electronic
reproductions are regularly shown, and in which a substantial portion
of the total presentation time is devoted to the showing of material
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
Adult theaters, meaning any theater, concert hall, auditorium
or similar establishment which, for any form of consideration, regularly
features live performances in which a substantial portion of the total
presentation time is devoted to the exposure of specified sexual activities
or specified anatomical areas.
Massage parlors where, for any form of consideration, massage,
alcohol rub, electric or magnetic treatment or manipulation of the
human body is administered, unless by a medical practitioner, chiropractor,
acupuncturist, physical therapist, licensed massage therapist, or
similar professional person licensed by the state. This definition
shall not include a health club, school, gymnasium, reducing salon,
spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental accessory service.
Peep shows where, for any form of consideration, persons may
observe from individual enclosures shows which regularly feature live
performances characterized by exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, video
cassettes, slides, DVDs, computer-generated images, other visual representations,
or other photographic or electronic reproductions characterized by
an emphasis upon which the depiction or description of specified sexual
activities or specified anatomical areas.
Adult hotels or motels, meaning any hotel or motel that excludes
minors because of age.
The use of land and on-farm buildings and equipment employed
in the production of crops and/or livestock and livestock products
(as those terms are defined at New York State Agriculture and Markets
Law § 301) as a commercial enterprise. High-density industrial
cattle, swine or fowl production is excluded from this definition.
As applied to a building or structure:
An enlargement by increasing in height or by extending on a
side, front or back;
Moving from one location or position to another;
Any change, addition or removal of the structural parts; or
Any change, addition or removal of partitions, or any change
in walls, ceiling, windows or doors.
Renewable electric generation equipment mounted on residential,
commercial, educational or industrial structures that generate power
from non-fossil-fuel sources primarily for that structure.
The care and breeding of domestic animals, including but
not limited to cattle, sheep, hogs, goats, horses, poultry, ratites
(such as ostriches, emus, rheas, and kiwis), farmed deer, farmed buffalo,
and fiber-bearing animals such as alpacas and llamas. Operation of
a kennel and operation of a private or public stable are types of
animal husbandry. For purposes of this chapter, "animal husbandry"
does not include ownership of individual companion animals such as
dogs and cats and does not include high-density industrial cattle,
swine or fowl production.
Approved by the Code Enforcement Officer under the provisions
of this chapter or approved by an authority designated by law or this
chapter.
The use of any building, land area or other premises:
By any person required to be registered by the State of New
York, for diagnosing or repairing motor vehicle malfunctions or for
repairing motor vehicle bodies or other components; or
By any person, whether or not required to be registered by the
State of New York, whose activities at such premises consist primarily
of changing (motor vehicle) oil, water, batteries or tires, replacing
fan belts, air filters or oil filters, installing windshield wiper
blades or light bulbs, and similar minor motor vehicle repair and
servicing functions.
As used in this definition, "motor vehicle" means automobiles,
light trucks (such as pickup trucks), panel trucks and vans, motorcycles,
all-terrain vehicles, manufactured homes and travel trailers, recreational
vehicles, and farm vehicles and equipment, but such term shall not
include commercial trucks or construction machinery.
The term "automobile and vehicle repair" does not include junkyards
or businesses involved in dismantling motor vehicles for recycling
or the sale of used parts, and does not include minor motor vehicle
repairs and servicing conducted on noncommercial, personal motor vehicles
owned by the person conducting such repair or service.[1]
The use of any building, land area or other premises:
By any person required to be registered by the State of New
York, engaged in buying, selling or dealing in motor vehicles; or
By any person, whether or not required to be registered by the
State of New York, whose activities at such premises consist at least
in part in the business of buying, selling or dealing in any of the
following: all-terrain vehicles, snowmobiles, farm-type tractors,
or garden-type tractors.
As used in this definition, "motor vehicle" means automobiles,
light trucks (such as pickup trucks), panel trucks and vans, motorcycles
and recreational vehicles, but such term shall not include manufactured
homes, commercial trucks or construction machinery.
The term "automobile and vehicle sales" does not include, in the context of the preceding Subsection A(2) of this definition, persons who buy, sell or deal in all-terrain vehicles, snowmobiles, farm-type tractors, or garden-type tractors, but who:
The use of any building, land area or other premises for
the supply of gasoline or oil or other fuel for the propulsion of
motor vehicles.
An attachment to a building to provide shade for the occupants.
Similar structures used for outdoor storage are not considered awnings,
but are sheds or carports.
The flood levels having a one-percent chance of being equaled
or exceeded in any given year.
The space of a building that is partly or completely below
grade and which has more than half its height, measured from floor
to ceiling, above the established curb level or finished grade of
the ground adjoining the building.
An owner-occupied dwelling unit, used for providing overnight
accommodations and a morning meal to transient lodgers, containing
at least two but not more than five bedrooms for such lodgers, and
in which no public restaurant is maintained and no other commercial
services are offered. For the purpose of this definition, a "transient
lodger" means a person who rents a room in a bed-and-breakfast establishment
for fewer than 30 consecutive days.
See the definition of "radioactive material, below-regulatory
concern."
Structural, vegetative or managerial practices designed to
treat, prevent or reduce degradation of the environment including
degradation of water quality due to stormwater runoff and snowmelt.
To be considered a BMP, the practice must employ the most current
research, resources and technologies available at the time of implementation.
The Zoning Board of Appeals of the Town of Lumberland.
A structure wholly or partially enclosed with exterior walls
and a roof, intended for shelter, protection or enclosure of persons,
animals or property. Not all "buildings" are "structures" as defined
herein.
The vertical distance measured from any point on a proposed
or existing building element to the existing grade directly below
said point.
 |
The line, designated on a plan, beyond which no part of a structure, other than parts expressly permitted by § 250-29, General construction and bulk requirements, of this chapter, shall extend.
A small wind energy facility that is specifically designed
for installations on the roofs, sides or other elevated surfaces of
buildings.
Any area of land which may contain cabins, tents, recreational
travel vehicles, shelters or accommodations used for what is commonly
known as a tent camp, RV park, or overnight camp, or is otherwise
designed for seasonal or other temporary recreational and living purposes,
occupied by adults, children or any combination of individuals, families
or groups. For purposes of this definition, the noncommercial, recreational
use of private property for personal use by the property owner or
lessee, or guests thereof, is not a campground.
A facility for the leasing or renting of waterborne vessels
(primarily canoes) for outdoor water-based recreation. (See "commercial
recreation use.")
A separate and detached dwelling unit, on the same lot as an owner-occupied single-family or two-family dwelling unit, authorized, constructed and utilized in accordance with § 250-37, Care cottages, of this chapter.
An open-sided structure for the storage and limited protection
of vehicles. Carports may be freestanding or formed by latticework
or a roof projecting from the side of a building.
That space of a building that is partly or completely below
grade and which has more than half its height, measured from the floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
Land used or intended to be used for the burial of dead human
beings and dedicated for such purpose, including columbariums, mausoleums
and mortuaries when operated as part of a cemetery and within its
boundaries, but excluding crematoria.
A facility, home or other establishment defined as a child
day-care center in New York State Social Services Law § 390,
providing child care for seven or more children and required to be
licensed by the New York State Department of Social Services, at which
day care is provided for hire, and which is not a day-care home or
family day-care home.
A commercial or not-for-profit facility including buildings
for eating and sleeping and amenities such as swimming pools, baseball
fields, and tennis courts, which is available for use by youths.
The removal of substantially all trees and vegetation from
a tract of land.
A ground-source heat pump system that circulates a heat transfer
fluid through pipes or coils buried beneath the land surface or anchored
to the bottom in a body of water.
Meeting, recreational or social facilities of a private or
nonprofit organization that are primarily for use by members and their
guests, are not primarily operated for profit, and on which merchandising
and commercial activities are not conducted except as required to
serve the needs of the membership.
The addition of communications equipment to any existing
or approved communications tower or tall structure by any persons,
corporations, firms, associations or entities.
Facilities or equipment, exclusive of governmental facilities,
for purposes of participant or spectator recreation or entertainment
and utilized by the public for a fee. Examples include, but are not
limited to, bowling alleys, ski slopes, canoe liveries, tennis courts,
theme parks and golf courses.[2]
An activity involving the sale or rental or distribution
of goods or services carried out for a fee.
The Comprehensive Plan adopted by the Town Board for the
future preservation and development of the Town of Lumberland pursuant
to New York State Town Law § 272-a, as the same may from
time to time be updated, supplemented and amended, including without
limitation planning policy statements, goals and standards adopted
by the Town Board.
A system of ownership of dwelling units, either attached
or detached, established pursuant to the Condominium Act of the State
of New York (Article 9-B of the New York State Real Property Law).
An agreement that permanently limits the type and amount
of development on a specific parcel of land.
A form of development for single-family residential subdivisions
that permits a reduction in individual lot area and modification of
certain otherwise-applicable development standards, given the specific
site conditions, and which requires that no less than a specified
proportion of the total land area is devoted to permanent open space.
Letters, numbers, symbols, designs or other pictorial matter
located on any sign.
Facilities/infrastructure that are critical to the health
and welfare of the population and that are especially important after
any flood hazard event occurs. Examples of such facilities are: police
stations, fire stations, vehicle and equipment storage facilities,
and emergency operations centers that are needed for flood response
activities before, during and after a flood; public and private utility
facilities that are vital to maintaining or restoring normal services
to flooded areas before, during and after a flood; hospitals, nursing
homes, and housing likely to contain occupants who may not be sufficiently
mobile to avoid death or injury during a flood; and structures or
facilities that produce, use or store highly volatile, flammable,
explosive, toxic and/or water-reactive material.
A facility, home or other establishment at which day care
is provided for hire for more than three hours per day per child for
no more than two children.
Pollution of water that unreasonably reduces the quality
of such water. Water quality may be considered unreasonably reduced
when the quality of a representative sample of water is rendered harmful,
detrimental or injurious to humans, animal life, vegetation or property,
or to the public health, safety or welfare.
Any construction, mining, dredging, filling, grading, paving
or excavation, or other man-made change to any unimproved or improved
real estate within any area of special flood hazard.
Any land use change, activity or project that will result in changes to the physical condition, appearance or type of use of the site or portions thereof, subject to Subsection B of this definition. Development projects include but are not limited to:
Change in type of existing usage;
New construction;
Reconstruction, modification, renovation or expansion of existing
structures or site improvements;
Surface disturbance, land filling, excavation or drilling operations,
grading, mining, parking lot construction, or any other disturbances
to the natural or existing topography or vegetation of the site; and
Demolition of structures or site improvements.
Notwithstanding any provision hereof to the contrary, the following
activities shall not be considered a development project:
A structure which
Any place devoted primarily to the selling, serving or dispensing
of alcoholic beverages, where such beverages are consumed on the premises
and the service of food is subordinate to the consumption of such
beverages.
A building designed or used as the living quarters for one
or more families. The term "dwelling" does not include motor homes
but shall include seasonal homes, modular homes, and manufactured
homes, so long as they meet all of the requirements of this chapter,
the Town of Lumberland Building Code, and all other regulations or
laws applicable to dwellings.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for a single family, including any
domestic employees employed on the premises, and having no enclosed
space (other than vestibules, entrances, or other hallways or porches)
and no cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse, dormitory, hotel, inn, nursing home or other
similar structure is not a dwelling unit.
A building containing three or more dwelling units, with
separate cooking and sanitary facilities for each dwelling unit.
A detached building containing only one dwelling unit and
designed for use by one family.
A building containing two dwelling units.
A use of land for the primary purpose of providing educational
services to children or adults, including but not limited to primary
and secondary schools, nursery schools, colleges and universities,
vocational schools, and facilities designed to provide instruction
in any recognized skill or vocation.
An engineered structure with a floor, walls and a roof all
made of nonpervious materials, providing structural support and preventing
wind dispersal and contact with rainwater.
Telecommunications equipment used by amateur radio licensees
regulated by the Federal Communications Commission;
Telecommunications equipment that is used by a governmental
unit or agency that is statutorily expressly exempt from regulation
by the Town;
Mobile telecommunications equipment that is contained in a car
or other motor vehicle or is completely portable and not affixed in
any manner to realty [note: for purposes of this definition of "excepted
telecommunications equipment," "mobile telecommunications equipment"
does not include or extend to any antenna(s) attached, directly or
indirectly, such as on a tower or other structure, to realty or to
other facilities used in connection with such mobile equipment];
Devices covered by the Federal Communication Commission's over-the-air
reception devices rule, found at 47 CFR 1.4000; and
Antennas that are not licensed by the Federal Communications
Commission and are one meter or less in diameter or diagonal measurement
or (for whip antennas) are three feet or less in length and no more
than three inches thick.
Any of the following:
Vehicles for agriculture use;
School buses or other mass transit buses;
Emergency vehicles;
Military vehicles driven by active duty military personnel;
or
Trucks used in the construction, repair or maintenance of state,
county or Town roads or other public structures or property.
Substances capable of undergoing decomposition or combustion
with great rapidity, involving much heat and producing a large volume
of gas. The reaction products fill a much greater volume than that
occupied by the original material and exert an enormous pressure,
which can be used for blasting and for propelling. Examples include
TNT, dynamite, nitroglycerin, and ammonium nitrate.[3]
A facility, home or other establishment, defined as a family
day-care home in New York State Social Services Law § 390,
at which child care is provided for hire for three to six children
and which is registered with the Sullivan County Department of Social
Services and is operated in accordance with state and county regulations
governing operations of a family day-care home.
A business operated on a seasonal basis to sell regionally
produced farm products.
A solid, liquid or gas that will ignite easily and burn rapidly.
A structure no larger than 10 feet by 10 feet in size, which:
A general or temporary condition of partial or complete inundation
or normally dry land areas from:
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated the special flood hazard areas (SFHAs),
the base flood elevations (BFEs) and the risk premium zones applicable
to the Town.
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings,
and covered or intended to be covered by roofing. In the case of party-wall
buildings, each unit shall be considered a separate structure for
purposes of measuring footprint area.
The practice of stewardship of wooded land for the purpose
of promoting a balance of environmental, recreational and economic
interests. Forest management practices include but are not limited
to site preparation, planting, harvesting, road construction, insect
and disease control, inventory, and fire protection.
An establishment primarily engaged in the provision of services
involving the care or preparation of human dead and typically providing
for indoor funeral ceremonies. May involve space and facilities for:
a) embalming and the performance of other services used in the preparation
of the dead for burial; b) the performance of autopsies and other
surgical procedures; c) the storage for sale of caskets, funeral urns,
and other related funeral supplies; and d) the storage between use
of funeral vehicles. Crematory facilities are excluded from this definition.
An enclosed permanent structure that stores vehicles owned
or leased by the occupant of the property. Does not include carports.
Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve box, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment) used to move oil, gas or liquids from a point of production, treatment facility or storage area to a transmission line, which is exempt from the Federal Energy Regulatory Commission's jurisdiction under § 1(b) of the Natural Gas Act, and which does not meet the definition of a "major utility transmission facility" under the New York State Public Service Law, Article VII, § 120(2)(b).
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which is owned, leased or otherwise operated
by a governmental body or public entity. This term does not include
public utilities.
A system that uses the relatively constant temperature of
the earth or a body of water to provide heating or cooling. System
components include open or closed loops of pipe, coils or plates;
a fluid that absorbs and transfers heat; a heat pump unit that processes
heat for use or disperses heat for cooling; and an air distribution
system. (See "closed loop ground source heat pump" and "open loop
ground source heat pump.")
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of unoccupied
accessory areas such as vent shafts, corridors, stairways and mechanical
rooms, but specifically inclusive of closets, kitchens and bathrooms.
The area of habitable finished basements is included, but the area
of unfinished basements and cellars is excluded.
High-density industrial cattle or swine production and/or
high-density industrial fowl production:
HIGH-DENSITY INDUSTRIAL CATTLE OR SWINE PRODUCTIONFacilities used for the feeding or holding for more than 45 days, in preparation for sale or slaughter or otherwise, of at least 200 cattle or calves or 600 swine, in confinement areas, production facilities, or pens or lots, in any case in an area where the ground surface has been prepared with concrete, stone or similar materials to support the animals, or where crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season.
HIGH-DENSITY INDUSTRIAL FOWL PRODUCTIONFacilities used for the feeding or raising of at least 2,000 fowl, where there is one square foot or less of floor space per bird in those structures housing the fowl.
Any one of the following:
More than 20 one-way trips by high-impact trucks to or from
the site of the proposed use during any twenty-four-hour period at
any time during the duration of the use; or
More than 50 one-way trips by high-impact trucks to or from
the site of the proposed use during any seven-day period at any time
during the duration of the use; or
More than 700 one-way trips by high-impact trucks to or from
the site of the proposed use during any three-hundred-sixty-five-day
period during the duration of the use.
A truck or tractor, as defined in the New York State Vehicle
and Traffic Law, with three or more axles or 10 or more wheels, and
capable of hauling a gross vehicle weight of 34,000 pounds or more.
"Exempted vehicles" are excluded from the definition of "high-impact
trucks."
The point where substantial vegetation begins at the water's
edge.
A subordinate use of a nonresidential nature which is conducted
within a dwelling unit or building accessory thereto by a member of
the family residing in the dwelling unit, which is clearly incidental
and secondary to the use of the property for residential purposes,
which otherwise is in all respects in compliance with this chapter,
and which satisfies each of the following additional conditions:
The neighborhood's visual character will be maintained or improved
by the use;
No pedestrian, truck or other vehicle traffic, or offensive
color, lights, odor, substance, noise, vibration, smoke, dust, heat
or glare, will be generated incident to the use in an amount, to a
degree, or during hours that unreasonably adversely impact the neighbors
or neighboring properties;[4]
No goods or products will be publicly displayed or offered for
sale outside of the dwelling unit or permitted accessory structure,
and the use will involve no exterior display, no exterior storage
of materials, and no other exterior indication of the home-based business
or variation from the residential character of the principal building,
other than a nonilluminated sign as may otherwise be permitted in
this chapter;
Such business shall be conducted and carried on only by a person
residing in the dwelling unit, with assistance from no more than one
nonresident employee or assistant;
Parking for all customers, clients and others associated with
the use shall be on site (as opposed to on any other property or on
the street);
No more than one business vehicle used in connection with the
home-based business, of no more than 24,000 pounds gross vehicle weight,
may be parked regularly in a location visible from a public road or
neighboring properties; and
An area of no more than 25% of the habitable floor area of the
dwelling unit (whether the use is to take place in the dwelling unit
or in an accessory building) or 500 square feet (whichever is less)
is used for such business.
Examples of home-based businesses might include (subject always
to the aforesaid additional conditions) a physician's, lawyer's, or
other professional office.
A subordinate use of a nonresidential nature which is conducted
within a dwelling unit or permitted building accessory thereto by
a member of the family residing in the dwelling unit, which is clearly
incidental and secondary to the use of the property for residential
purposes, which otherwise is in all respects in compliance with this
chapter, and which satisfies each of the following additional conditions:
The occupation is conducted in a manner which does not give
the outward appearance of a business and does not infringe on the
right of neighboring residents to enjoy the peaceful occupancy of
their dwelling units;
No pedestrian, truck or other vehicle traffic, or offensive
color, lights, odor, substance, noise, vibration, smoke, dust, heat
or glare, will be generated incident to the use in an amount, to a
degree, or during hours that unreasonably adversely impact the neighbors
or neighboring properties;[5]
No goods or products will be publicly displayed or offered for
sale outside of the dwelling unit or permitted accessory structure,
and the use will involve no exterior display, no exterior storage
of materials, and no other exterior indication of the home-based occupation
or any variation from the residential character of the principal building,
including without limitation any sign;
Such occupation shall be conducted and carried on only by a
person residing in the dwelling unit, with assistance from no more
than one nonresident employee or assistant;
Parking for all customers and others associated with the use
shall be on site (as opposed to on any other property or on the street);
and
No physical modifications to the dwelling unit or accessory
building shall have been made or be necessary to accommodate such
use.
Examples of home-based occupations might include (subject always
to the aforesaid additional conditions) dressmaking, cooking, baking
and meal preparation for consumption off premises, and word- and data-processing.
An establishment providing, for compensation, sleeping accommodations
and customary lodging services, including the furnishing and upkeep
of furniture and bed linens. This use may include conference and meeting
rooms, restaurants, bars and recreational facilities. This classification
does not include lodging businesses that are specifically listed elsewhere
in this chapter under another definition, such as bed-and-breakfast
or motel.
Any material or surface that substantially reduces or prevents
the infiltration of water into the ground. Examples are pavement (asphalt,
concrete, etc.), buildings/structures, conventionally surfaced roadways,
driveways and parking lots, and sidewalks.
Any mining, production, assembly, harvesting or manufacturing
operation, in any event requiring machinery and equipment. For purposes
of this chapter, the following uses shall not constitute "industrial
uses":
Agriculture use or forest management;
Residential use;
Commercial use;
Telecommunications facilities or communications transmission
towers;
Small wind energy facilities and similar structures that do
not release dust, dirt, fly ash, odors, fumes or vapors or gases that
could be injurious to human or animal health or to the environment;
or
Retail gasoline station facility.
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
The use of land by a not-for-profit organization for educational,
recreational, artistic, religious, spiritual, scientific, land conservation,
health care, or community service programs. Facilities for the education,
treatment, incarceration, punishment or rehabilitation of persons
with criminal records shall not be considered institutional uses for
the purposes of this definition.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles or truck trailers, no longer intended or in condition
for legal use on the public highways, or two or more buses, boats,
snowmobiles, all-terrain vehicles, garden-type tractors, recreational
vehicles, manufactured homes, trucks, truck bodies, or construction
machinery no longer intended or in condition for use, are held, whether
for the purpose of resale of used parts therefrom, for the purpose
of recycling or reclaiming for use some or all of the materials therein,
whether metal, glass, fabric or otherwise, or for the purpose of disposing
of the same or for any other purpose. Such term shall include any
place of storage or deposit for any such purposes of used parts or
waste materials from motor vehicles or equipment which, taken together,
equal in bulk two or more such vehicles or equipment. Excluded from
this definition are storage of vehicles or machinery within fully
enclosed structures.
Any commercial kennel or personal kennel.
Any place at which there are kept, harbored or maintained
five or more dogs or cats over the age of three months and/or more
pups or kittens than from a single litter under the age of three months,
for care, boarding, breeding, training, exhibition or other purpose,
for a fee or receipt of other consideration.
Any place at which there are kept, harbored or maintained
five or more dogs or cats over the age of three months and/or more
pups or kittens than from a single litter under the age of three months,
for care, boarding, breeding, training, exhibition or other purpose,
where no fee is charged or other consideration received.
A site where any natural gas exploration and/or petroleum
extraction, exploration or production wastes are applied to the soil
surface or injected into the upper layer of the soil.
Any water withdrawal or sequestering water use of over 100,000
gallons of water in any thirty-day period from water resources within
the Town. Large-scale water use does not include water withdrawn for
agriculture use, for emergency uses such as firefighting, or for drinking,
recreational, cooking, washing or sanitary purposes.
A mining operation where the open face of such operation
is less than two acres, and where the lesser of fewer than 750 cubic
yards or fewer than 1,000 tons of material (such a gravel, rock, stone,
sand, fill or minerals) are extracted within any 12 successive calendar
months. "Open face" means the dimensional area where the extraction
or removal of said natural resource use is underway, and for purposes
of this chapter includes any area of the property that has not been
fully reclaimed and rehabilitated following prior natural resource
removal.
The manufacture or assembly of finished products or parts
predominately from previously processed or prepared materials (including
fabrication, treatment, packaging and incidental storage, and sale
and distribution of such products or parts), provided that all operations
are conducted entirely within an enclosed building; and provided,
further, that such use:
Does not produce or generate or otherwise involve on-site use
or storage of natural gas and/or petroleum extraction, exploration
or production wastes; and
Does not involve high-frequency, high-impact truck traffic, or any other explicitly prohibited use set forth in Article X, Explicitly Prohibited Uses, of this chapter.
For purposes of this chapter, a livestock unit shall be:
One cow or two calves (for purposes of this definition a "calf"
is a bovine younger than one-year old);
Two horses or two ponies;
One pig or three goats or two sheep or two llamas or two deer
or two ratites;
Fifty fowl;
Ten rabbits;
Four bee hives; or
An equivalent number of other farm animals (determined by the
Code Enforcement Officer or the Board of Appeals by reference to the
amount of waste typically generated).
A parcel of land, whether occupied or unoccupied.
The total horizontal area included within lot lines.
Land occupied or to be occupied by a building and its accessory
buildings, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or on such other means
as may be adequate as a condition of the issuance of a building permit
for a building on such land.
The amount of the area of a lot included within lot lines
where the land will be physically altered by clearing of vegetation,
leveling of the land, or construction of a structure, permanent or
otherwise.
The percentage of the lot area that is occupied by the footprint
of a building, any accessory building, and any other impervious surfaces.
A property boundary of a lot, except where the property boundary
is the center line or other portion of a public highway, in which
event for purposes of this chapter the property line shall be the
highway right-of-way line. Any lot line that is neither a rear line
nor a front line shall be deemed a side line.
The distance from one lot line to the other, measured parallel
to the front street line at the building setback line.
A project or use which requires a special use permit or is
subject to the site plan review process and which exceeds any of the
thresholds for a minor project.
A dwelling which is factory-built in accordance with the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. § 5401) and which is transportable in
one or more sections, is affixed to a chassis with axles and wheels,
and designed to be placed on a permanent or temporary foundation,
and is registered as a manufactured home under New York State Vehicle
and Traffic Law § 122-c.
A designated site of specific total land area, which is located
within a manufactured home park, for the accommodation of one manufactured
home.
Any parcel of land that is planned and improved for the placement
of two or more manufactured homes, which are used as dwellings.
Any of the following activities:
The extraction of overburden and minerals from the earth;
The preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at
the mine location so as to make them suitable for commercial, industrial
or construction use;
The removal of such materials through sale or exchange or for
commercial, industrial or municipal use;
The disposition of overburden, tailings and waste at the mine
location; or
Any combination of the above activities.
In no event shall "mining" be construed to mean, be or include
natural gas and/or petroleum exploration activities or natural gas
and/or petroleum extraction activities, nor shall "mining" include
the excavation, removal and disposition of minerals from the site
of, and incidental to, a construction project, or excavations incidental
to bona fide agriculture use activities; provided, however, that such
excavations, removal and disposition incidental to construction shall
have received and be in compliance with all approvals required by
this chapter.
For the purpose of this definition, the following terms are
defined as indicated:
MINERALSAny naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel and stone. Natural gas and other petroleum products shall not be considered "minerals."
OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
A use or combination of uses on a lot or a series of adjoining
lots that does not otherwise require a special use permit and that,
over the most recent two-year period, is less than or equal to any
of the following thresholds:
Construction, alteration or expansion of one single-family dwelling
or one two-family dwelling and/or accessory structures on a lot legally
in existence as of the date of this chapter, or on a lot that satisfies
the requirements of this chapter for single-family residential use.
Construction or alteration of the interior of a building or
structure.
Routine property maintenance activities, including repainting,
repair and in kind replacement.
The seasonal planting, cultivation and harvesting of field crops,
fruits, vegetables, whether as part of an existing or new or expanded
agricultural operation.
The expansion or relocation of any existing use resulting in
a building, structure or disturbed area of 1,500 square feet of gross
floor area.
The paving of nonresidential parking areas and associated driveways
for the purposes of reviewing, maintaining or restoring stormwater
facilities.
The grubbing, filling, grading or clearing of one acre of land.
The construction of a road or accessway of 150 feet in length,
the terminus of which is on a Town highway.
A development or building with any combination of approved
residential, commercial (including office), and light-impact industrial
uses.
A building or series of buildings in which lodging is offered
for compensation, and which is distinguished from a hotel primarily
by reason of providing direct independent exterior access to, and
adjoining parking for, each rented room.[6]
A dwelling designed for temporary residence, mounted on a
self-propelled chassis, designed for travel over roads and highways.
Units may be self-contained or designed for temporary connection to
electric, water or sewerage utilities.
An enterprise operated for gain and available to the public,
other than a private garage and other than an automobile and vehicle
repair enterprise, which is used for storage, washing or fueling of
automobiles or other motor vehicles.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale
fracturing.
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous" or "toxic,"
and whether or not such substances are generally characterized as
waste:
Below-regulatory-concern radioactive material, or any radioactive
material which is not below regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Town, whether naturally occurring or otherwise,
in any case relating to, arising in connection with, or produced by
or incidental to the exploration for, the extraction or production
of, or the processing, treatment or transportation of natural gas,
petroleum or any related hydrocarbons;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
Any chemical, waste oil, waste emulsified oil, mud or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to includes some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR 261.4(b).
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of natural gas and/or petroleum extraction, exploration
or production wastes that are being held for initial use; have been
used and are being held for subsequent reuse or recycling; are being
held for treatment; or are being held for storage.
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded without any intention of further use.
Those facilities or combination of facilities that move natural
gas or oil from production fields or natural-gas-processing facilities
in pipelines or into storage; the term shall include equipment for
liquids separation, natural gas dehydration, and tanks for the storage
of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
A building, sign, other structure or use of land that was
legal immediately prior to enactment of this chapter but which does
not conform to the requirements of this chapter.
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
A workplace in which manufacturing processes, retail sales,
construction and warehousing do not occur on the premises, including
offices of firms or organizations providing professional, executive,
management, or administrative services, such as architectural, engineering,
real estate, insurance, investment, legal, and medical and dental
offices. Offices also includes business offices that support or manage
manufacturing, retailing, construction, and warehousing, as well as
research laboratories and other facilities in which research activities
are conducted. An office that is operated in connection with another
primary use on the Use Table shall be considered accessory to that
primary use and not a separate use.
A ground-source heat pump system that uses groundwater as
a heat transfer fluid by drawing groundwater from a well to a heat
pump and then discharging (as opposed to recirculating) the water.
That portion of the landscape upon which no buildings, structures,
sidewalks, driveways, roadways, parking lots, or other impervious
surface have been constructed or situated, and which is in its natural
state or cultivated for agriculture use.
Leisure-time activities that are typically associated with
open-air, natural or seminatural settings, such as adventure racing,
backpacking, bicycling, camping, canoeing, caving, fishing, hiking,
hunting, kayaking, mountaineering, rock climbing, sailing and skiing.
A recreational use particularly oriented to and utilizing
the outdoor character of an area on a motorized vehicle, including
but not limited to snowmobile, jeep and all-terrain vehicle trails,
or similar use in which no physical alteration to the land is made
to accommodate the vehicle.
A guarantee of future performance, through a bond, letter of credit, or other mechanism, from an issuer reasonably acceptable (as to creditworthiness) to the Planning Board, in form and content acceptable to the Attorney for the Town, and in an amount required by the Planning Board as contemplated by §§ 250-30F and 250-42D) of this chapter.
All parts of those physical facilities through which petroleum,
natural gas, other gaseous substance, hazardous liquids, or chemicals
move in transportation (including pipes, valves and other equipment
and appurtenances attached to pipes and other equipment such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump stations, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment), whether or not laid in
public or private easement or private right-of-way within the Town.
This term includes, without limitation, gathering lines, production
lines, and transmission lines.
The contamination or other diminution of the physical, chemical
or biological properties of land, water or air, including a change
in taste, color, turbidity or odor, and including a discharge of any
liquid, gaseous, solid, radioactive or other substance on land, water
or air, that will, or is likely to, create a nuisance or render such
land, water or air harmful, detrimental or injurious to humans, animal
life, vegetation or property, or to the public health, safety or welfare.
A transportable storage unit designed and used primarily
for temporary storage of building materials, household goods, personal
items and other materials for use on a limited basis, which is located
for such purposes outside an enclosed building.
For the purpose of this chapter, any use that is allowed
in a district as of right (that is, without review of a municipal
board such as the Planning Board). (Note: Such uses may and typically
do require a zoning permit or a building permit and a certificate
of occupancy from the Code Enforcement Officer.)
A system for the provision of water for human or animal consumption
through pipes or other constructed conveyances, where such system
has fewer than 15 service connections or regularly serves fewer than
25 individuals.
A protected area, in public ownership, in its natural or
seminatural state or planted, and set aside for noncommercial human
recreation and enjoyment or for the protection of wildlife or natural
habitats. It may or may not have developed recreational facilities
such as playgrounds, tennis courts, baseball fields, picnic areas,
and/or lavatories.
A facility that provides electric, gas, steam, telephone
service, water or sewerage directly to the general public. As used
herein, a public utility is an entity which operates as a monopoly
and whose rates charged to customers are established by a utility
commission.
Building, structures and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, and valves, operated by a public
utility and relating to the furnishing of utility services to the
public by that public utility.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is "radioactive material" for
purposes hereof, whether or not it is otherwise exempt from licensing
and regulatory control pursuant to the New York State Department of
Labor, the United States Nuclear Regulatory Commission, the United
States Environmental Protection Agency, the United States Department
of Energy, the United States Department of Transportation, or any
other regulatory agency.
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
A flightless bird such as an ostrich or an emu.
A protected area, in private ownership, in its natural or
seminatural state or planted, and set aside for human recreation and
enjoyment or for the protection of wildlife or natural habitats. It
may or may not have developed recreational facilities such as playgrounds,
tennis courts, baseball fields, picnic areas, and/or lavatories.
A church, synagogue, mosque, temple or other place of religious
worship.
Facilities primarily used for the sale of prepared food for
public consumption on or off the premises.
A restaurant where food is provided to the customer under
conditions where the customer does not have to leave the car or where
fast service to the vehicle occupants is a service offered, regardless
of whether food is also offered for consumption within a building.
A building or lot used for the retail sale of merchandise
which (merchandise) is not specifically listed elsewhere in this chapter
under another definition or use classification. By way of illustration,
this classification includes without limitation clothing stores, pharmacies,
furniture stores, appliance stores, grocery stores, and businesses
retailing the following goods: toys, hobby materials, handcrafted
items, jewelry, cameras, hardware, antiques, art supplies, office
supplies, medical supplies, and bicycles. By way of illustration,
this classification does not include (because the merchandise being
sold is listed elsewhere in this chapter under another definition
or use classification) any of the following: adult-oriented businesses;
automobile and vehicle sales; motor vehicle service station; drinking
establishments; restaurants or farm stands.
The line at the top of a hill where the average slope becomes
less than 5%. If the average slope never becomes this shallow at the
top of a hill, then the line at the top of the hill as seen from the
nearest public road providing access shall be the ridgeline.
The transitional area adjacent to a wetland or body of water
where the natural vegetation and habitat is different from the upland
natural environment. Its function is important for flood protection,
stream bank stabilization, soil conservation, water quality, and biodiversity.
A public right-of-way affording primary access by vehicles
to abutting properties, whether designated as a street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place or otherwise.
The site or location of any of the following: dwelling unit,
religious institution, child day-care facility, day-care home, family
day-care home, public park, hospital, health clinic, or other health-care
facility, children's camp, commercial recreation use, school bus stop,
nursery, elementary, middle or high school or other educational institution
(including playing fields, administration and maintenance buildings),
commercial establishment that customarily employs minors, or funeral
home.
The New York State Environmental Quality Review Act, Article
8 of the New York State Environmental Conservation Law, and any successor
statute, together with any state regulations (presently 6 NYCRR Part
617) and local regulations promulgated thereunder.
Water that by virtue of the use in question is sequestered
from the natural hydrologic cycle. This term does not include water
that has evaporated, transpired, been consumed by humans or livestock,
used for irrigating crops, or otherwise returned to the atmosphere
or incorporated into food products.
An enterprise, not specifically listed under another use
classification, where the primary activity is the offering for compensation
of services, as opposed to goods or products, to individuals, businesses,
industry, government or other enterprises. Examples of service establishments
include barbershops, beauty shops, shoe repair shops, dry cleaning
shops, and tailors.
The ordinary high-water level of a body of water.
Any sign;
That is located on property that becomes vacant and unoccupied
for a period of 90 consecutive days;
That pertains to an event or purpose that no longer applies
or exists; or
No longer identifies or advertises a business, lessor, owner,
product or activity presently being conducted or available on the
premises where such sign is displayed.
The surface area of the sign, including the frame, plate
or structure used to hold up any lettering or pictorial matter. Except
as otherwise provided herein, if a sign is attached, painted or applied
to the front or face of a building or is irregular in shape, the area
of the sign shall be the area of the smallest rectangle that can be
placed over the entire sign, edges and background (if the background
is of a different color than the predominant color surrounding the
sign). In the event that a letter or letters or other pictorial matter
are placed as separate units without a background board, the sign
area shall be calculated as the area of the smallest rectangle that
encloses all of the symbols. In the case of a flat or two-sided freestanding
or projecting sign, the sign area shall be the entire surface area
of one face of the sign. The sign area of signs having more than two
sides shall be the sum of the surface area of all sides.
Any structure, natural object or part thereof, device or
inscription, which is represented on any land or the outside of any
building, used to attract attention to any object, product, place,
activity, person, institution, organization or business, or which
shall display or include any letter, words, numerals, emblems, symbols,
models, banners, flags, pennants, insignia, trademarks, devices or
representations used as, or which is in the nature of, an announcement,
direction, advertisement, attention-arrester, warning or designation
of any person, firm, group, organization, place, commodity, product,
service, business, profession, enterprise, industry or public performance.
Sign types include:
BANNERA sign applied to cloth, paper, balloons, fabric, bunting or other flexible material of any kind. Flags and pennants other than governmental flags (defined below) are types of banners.
DIRECTIONAL SIGNA sign identifying a public facility or traffic control signs required for traffic control purposes shown on an approved site plan or posted pursuant to the order of traffic control agencies and conforming to the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation.
ELECTRONIC SIGNA sign which exhibits changing light or color effects, even though the intensity of light may be relatively constant.
GOVERNMENTAL FLAGA banner sign in the nature of a flag or pennant containing the insignia or emblem of a nation or political subdivision.
GOVERNMENTAL SIGNSigns required by duly constituted governmental bodies and their agencies, where such signs are established in the interest of the safety, convenience or welfare of the general public.
GROUND SIGNA sign affixed to the ground independent of any adjacent building or structure.
ILLUMINATED SIGNA sign illuminated by artificial light, or which is composed of luminous tubing or other artificial lighting devices.
MARQUEEA permanent roofed structure projecting from a building, usually over an entrance, attached to the building or on freestanding supports, or both.
PROJECTING SIGNA sign protruding at an angle from a building or structure.
PROPERTY PROTECTION SIGNA sign warning off trespassers such as "No Trespass" or "Beware of Dog."
REAL ESTATE SIGNA sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is posted.
ROOF SIGNA sign placed above the upper edge of a building, wall or parapet, or placed or painted on or above the roof covering, or on an independent structural frame on a roof, or on the side of roof or roof structures, such as marquees, penthouses, elevator housing, and cooling tanks.
SELF-ILLUMINATED SIGNAn internally illuminated sign with graphics displayed on a translucent face, or individual letters or symbols with a translucent face, or with translucent or opaque edges.
STREAMERAny piece of cloth, plastic or other flexible material more than 10 feet in length when unfurled and placed on the ground or attached at one end or both ends to a mast, pole, building or structure. A streamer must be solid in color, contain no copy and, when unfurled and placed flat on the ground, must have a width of no more than 12 inches. A streamer must be made of weatherproof material and be securely fastened to a mast, pole, building or structure. A streamer shall be considered a sign. A streamer is permitted only as a temporary sign.
TEMPORARY SIGNA sign that:
Is typically constructed from nondurable materials, such as
paper, cardboard, cloth, plastic or wallboard;
May easily be dismantled or removed and which can feasibly be
displayed for a limited period of time in any one location; and
Does not constitute a structure subject to the Town's Building
Code or this chapter's provisions.
VEHICULAR SIGNAny letter, groups of letters, words or other devices or representations which form or are used as or are in the nature of an announcement, advertisement, or other attention-directing device, placed, painted, affixed, annexed or attached upon a motor vehicle, trailer, farm implement or other mobile equipment, whether or not such motor vehicle, trailer, farm implement or other mobile equipment is operable or registered.
WALL SIGNA sign painted on or affixed to and parallel to an exterior wall of a building or structure, but not on window glass.
WARNING SIGNA sign exclusively devoted to warning the public of dangerous conditions and unusual hazards such as dropoffs, high voltage, fire danger and explosives. Does not include property protection signs such as "Beware of Dog" or "No Trespassing."
WINDOW SIGNA sign visible from a sidewalk, street or other public place that is illuminated, painted or affixed on glass or other window material.
A wind energy facility consisting of a wind turbine, a tower
and associated control or conversion electronics which has a rated
capacity of not more than 10 kilowatts and which is intended primarily
to reduce on-site consumption of public-utility-generated power.
A solar photo-voltaic 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.
A device that stores energy from the sun and makes it available
in an electrical form.
Generally refers to all putrescible and nonputrescible materials
or substances, except domestic sewage, sewage treated through a publicly
owned treatment works, or irrigation return flows, that is discarded
or rejected as being spent or otherwise worthless, including but not
limited to garbage, refuse, industrial and commercial waste, rubbish,
tires, ashes, incinerator residue, construction and demolition debris,
and discarded automobiles.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
includes Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO,
AR/AH, AR/A, VO, V1-30, VE and V on the FEMA Flood Insurance Rate
Maps.
A use that, because of its unique characteristics, requires
individual consideration through a procedure of review by the Planning
Board in order to determine whether a special use permit should be
granted, conditionally granted, or denied.
A structure or land use in or on which equines are kept for
sale or hire to the public and/or on which breeding, boarding or training
of equines is available for compensation.
An accessory structure or land use that is designed, arranged,
used or intended to be used for the keeping of equines for the private
use of the occupants of a principal dwelling and their guests, but
in no event for hire.
A significant change in the elevation of the land over a
relatively short distance so as to create an incline/decline that
impedes development.
Anything that is constructed or erected, the use of which
requires more or less permanent location on the ground, or anything
that is attached to another structure. "Structure" also includes an
enclosed edifice of any type, constructed parking spaces, anything
that is constructed or erected underground and projects up to the
ground surface or above, and anything that is constructed or erected
wholly underground other than public utility lines, septic and water
systems, or other similar types of underground construction wholly
ancillary to a structure on the surface. A building is an example
of one type of structure. Underground graves, vaults and other underground
facilities for the interment of bodies are excluded from the definition
of structure. A structure is a "structure" without regard to how it
is attached to or rests upon the ground or any other structure, and
construction, erection, or attachment of a structure utilizing skids,
wheels or other nonpermanent foundation shall not obviate any otherwise
applicable requirement for any permit or compliance with setback or
other requirements contained in this chapter.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
"resubdivision." Construction of or conversion to a condominium is
a form of subdivision.
Any lot on record in the office of the Sullivan County Clerk
which does not meet the minimum area, width or yard requirements for
the district in which that lot is located.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: a) before the improvement or repair is started;
or b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes hereof, "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.
Substantial improvement does not, however, include either any project
for the improvement of a structure to comply with existing state or
local health, sanitary or safety code specifications which are solely
necessary to assure safe living conditions, or any alteration of a
structure listed on the National Register of Historical Places or
State Inventory of Historic Places.
Below the surface of the earth or of a body of water, as
the context may require.
Any man-made change in improved or unimproved land subsurface
and surface, including but not limited to construction, external repair,
land-disturbing activity, grading, road building, pipe laying, or
other activity resulting in a change in the surface or subsurface
physical character of any land, including clearing, grubbing, dredging,
grading, excavating, extracting, stockpiling, paving, berming, soil
disturbance, placement of fill, or storage of equipment or materials
in pits, ponds or detention facilities. The scope of a surface disturbance
includes all activities that are necessary or convenient for the project
that is being undertaken, such as associated infrastructure developments,
including pipelines, access roads, utility transmission facilities,
drainage ditches and the like. For determining the area or extent
of a surface disturbance, a proposed project may not be segmented
into smaller components, but rather the entire scope and larger common
plan of development of a project shall be taken into account even
though multiple separate and distinct land development activities
may take place at different times on different schedules.
A structured in-ground or aboveground pool, basin, chamber
or tank which is intended for swimming, diving, recreational bathing
or wading and which contains, is designed to contain, or is capable
of containing water more than 24 inches deep at any point. Includes
indoor pools, hot tubs and spas.
Stormwater pollution prevention plan, as required by the
New York State Department of Environmental Conservation (DEC) in conformance
with DEC technical standards and SPDES (State Pollutant Discharge
Elimination System) stormwater permit requirements. A basic SWPPP
consists of a plan for erosion and sediment control. A full SWPPP
consists of a plan for erosion and sediment control plus a post-construction
stormwater control plan.
Any equipment, other than excepted telecommunications equipment,
used in connection with the provision of two-way communication services
of which at least one of the directions of communications is wireless,
including cellular telephone services, personal communications services,
private radio communications services, fire and emergency communications,
and any other private or public radio communications transmissions
regulated by the Federal Communications Commission in accordance with
the Telecommunications Act of 1996 and other federal laws. Such uses
shall include private commercial uses as well as public uses. A telecommunications
facility shall include monopole, guyed or latticework tower(s), as
well as antenna(s), switching stations, principal and accessory telecommunications
equipment, and supporting masts, wires, structures and buildings.
A pipeline that transports petroleum, natural gas, or water
to end users as a public utility and which is subject to regulation
either by:
A structure also commonly called a semitrailer, designed
primarily to be pulled by a road tractor or carried on a railroad
car. Common varieties include dry freight vans, refrigerated vans
(reefers), flatbeds and tank trailers. For purposes of this chapter,
intermodal freight containers are included in this definition of "truck
trailer."
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities and
pipelines.
The Schedule of District Use and Dimensional Requirements set forth at Article XI of this chapter.
This term includes both area variances and use variances.
The authorization by the Board of Appeals for the use of
land in a manner that is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
The authorization by the Board of Appeals for the use of
land for a purpose that is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special use permit.
An enclosed structure or part of an enclosed structure for
storing goods, wares and/or merchandise.
All streams, ditches, lakes, ponds, marshes, vernal pools,
watercourses, waterways, wells, springs, drainage systems, and all
other bodies or accumulations of water, surface or underground, intermittent
or perennial, which are contained in, flow through, or border upon
the Town or any portion thereof.
Removal or capture of water from water resources within the
Town.
Management of natural wildlife and associated habitats with
the intent of enhancing the same to provide for hunting and/or fishing
activities.
The structures and associated equipment which convert wind
energy into usable mechanical or electrical energy, including towers,
turbines, guy wires, associated anchors and foundations, mounts, connected
facilities such as generators, alternators, inverters and batteries,
and other associated equipment.
The monopole, freestanding or guyed structure that supports
a wind turbine generator, gearbox and rotor blades.
An open space on the same lot with a structure.
An open space extending across the entire width of the lot
between the front of the principal building and the street line.
An open space extending across the entire width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
An open space extending across the entire length of the lot
between the side wall of the principal building and the side line
of the lot and extending through from the front yard to the rear yard.
Side yards shall be measured in a line perpendicular to side lot lines.
