Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Doubt as to the
precise meaning of a word or phrase shall be decided by the Zoning
Board of Appeals.
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure subordinate or supplemental to the main
building or use on the same lot.
An establishment where film, slides, or any other images
of specified sexual activities or specified anatomical areas are available
for viewing by the public.
A bookstore or video store where as one of its principal
business purposes offers for sale or rental any printed matter or
video that depict private or intimate parts or specified sexual activities.
For the purpose of this definition, a principal business purpose shall
mean that part of the business that constitutes 20% or more of the
printed material or videos for sale or rent in the establishment.
A nightclub, bar, restaurant, juice bar, or similar establishment
where persons appear in a state of nudity, or where there are live
performances, films, videos or slides characterized by the exposure
of specified anatomical areas or by specified sexual activities.
An establishment, or any part thereof, which includes any
of the following: topless or bottomless dancers or waitresses; strippers;
topless hair care or massages; entertainment where the servers or
entertainers wear pasties or G-strings; adult cabaret; adult arcade;
adult bookstore; or adult video store.
The Adirondack Park Agency.
The total ground area of a principal building and accessory
buildings, exclusive of uncovered porches, parapets, steps and terraces.
A use permitted under this code which does not require any
discretionary approval.
A residential facility that accepts persons who by reason
of physical or other limitations are unable to live independently,
and which is primarily for domiciliary care rather than nursing or
medical care.
Typically elongated, attached at both ends, generally displaying
a written message.
[Added 10-11-2016 by Ord.
No. 1-2016]
An establishment used primarily for the serving of alcoholic
beverages to the general public where food service may be an accessory
activity.
A bed-and-breakfast (B&B) is a small lodging establishment
that offers overnight accommodation and breakfast, but usually does
not offer other meals. Typically, B&Bs are owner-occupied private
homes with four or fewer bedrooms available for commercial use.
A covered structure with direct access to a navigable body
of water which (1) is used only for the storage of boats and associated
equipment; (2) does not contain bathroom facilities, sanitary plumbing,
or sanitary drains of any kind; (3) does not contain kitchen facilities
of any kind; (4) does not contain a heating system of any kind; (5)
does not contain beds or sleeping quarters of any kind; (6) does not
exceed a single story in that the roof rafters rest on the top plate
of the first floor wall, and all rigid roof surfaces have a minimum
pitch of four on 12, or, alternatively, one flat roof covers the entire
structure; and (7) has a footprint of 1,200 square feet or less measured
at the exterior walls (or in the absence of exterior walls, at the
perimeter of the roof), and a height of 15 feet or less. For the purpose
of this definition, the height of a boathouse shall be measured from
the surface of the floor serving the boat berths to the highest point
of the structure.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals, or property. When a building is divided
into separate parts extending from the ground up, each part so divided
is deemed a separate building.
A line established by law or by agreement beyond which no
part of a structure may extend.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential use and the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
An application which is in an approved form and is determined
by the board with jurisdiction over the application to be complete
for the purpose of commencing review of the application but which
may need to be supplemented during the course of review in order to
enable such board to make the findings and determinations required
by law. No application subject to State Environmental Quality Review
Act ("SEQRA") is complete unless the applicant portion of the appropriate
form of the environmental assessment form has been adequately completed
and submitted. An application for which a positive declaration is
made pursuant to SEQRA can only be complete upon the submission of
a draft environmental impact statement that is accepted by the lead
agency as satisfactory with respect to scope, content and adequacy.
The Town of Inlet Comprehensive Master Plan adopted on December
8, 2009, as updated and modified from time to time.
A subdivision that employs a flexible design and allows for
a variance of dimensional requirements of the Zoning Code in order
to conserve open space.
A site or building, or portion thereof, designed and/or operated
to provide day care and/or instruction for four or more persons, and
operated for a fee, excepting state-licensed group family day-care
and family day-care facilities for children operating solely within
dwellings as provided in Section 390 of the Social Services Law of
New York State.
A business shall be considered defunct if it has been closed
and/or inactive for more than one year and is not actively being marketed
for sale.
[Added 10-11-2016 by Ord.
No. 1-2016]
Any approval which involves the exercise of discretion by
the issuing officer or board. In the context of this chapter, the
principal discretionary approvals are site plan approval (Planning
Board); area and use variances (Zoning Board of Appeals); special
use permits (Town Board); and sign permits (Planning Board). Building
permits and certificates of occupancy issued pursuant to the Uniform
Code are not discretionary approvals.
A floating or fixed structure that:
Extends horizontally (parallel with the water surface) into
or over a lake, pond or navigable river or stream from only that portion
of the immediate shoreline or boathouse necessary to attach the floating
or fixed structure to the shoreline or boathouse;
Is no more than eight feet in width, or in the case of interconnected
structures intended to accommodate multiple watercraft or other authorized
use, each element of which is no more than eight feet in width and
not more than 100 square feet total.
A building or portion thereof designed or used as the living
quarters for one or more families.
One room or rooms connected together constituting a separate,
independent housekeeping establishment for owner occupancy or rental
or lease on a weekly, monthly or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure
and containing independent cooking and sleeping facilities, designed
for occupancy by one family.
One or more persons, related by blood, adoption or marriage,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
Typically square or slightly oblong, attached by one side
to a pole, usually displaying a representative symbol or color.
[Added 10-11-2016 by Ord.
No. 1-2016]
Any management, including logging, of a forest, woodland
or plantation and related research and educational activities, including
the construction, alteration or maintenance of wood roads, skidways,
landings, fences and forest drainage systems.
Any barn, shed, garage, or other such structure directly
and customarily associated with forestry use.
An open unoccupied space on the same lot with a building
between the front line of the building and the street line or right
of way, and/or the high water line of a lake or stream and extending
the full width of the lot.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, including the painting
or major repair thereof. The term gasoline station shall be deemed
to include filling station and service station.
An undeveloped, vegetated area containing no buildings, structures,
parking areas, storage areas, or roadways, excepting driveways or
private roadways needed for ingress or egress to a property.
The total floor area to be used or intended to be used by
tenants of a dwelling, or for services to the public as customers,
patrons, clients or patients, including areas occupied by fixtures
and equipment used for display or sales of merchandise. It shall not
include areas used principally for nonpublic purposes such as storage,
incidental repair, employee restrooms, fitting or alteration rooms
or general maintenance or enclosed pedestrian malls or corridors.
The vertical distance measured from the established grade
at the curb, or if no grade has been established at the curb, measured
from the average level of the finished ground surface across the front
of the building to the highest point of the roof for flat roofs, to
the deck line of mansard roofs, and to the mean height between eaves
and ridge for gable, hip and gambrel roofs.
Business operated by the resident of a residential property
that involves the storage or parking on said property of a total of
two or more, but not more than four, of the following vehicles or
equipment: truck or trailer greater than 20 feet in length, any piece
of earthmoving equipment, any well-drilling rig, or any other similar
heavy equipment or vehicle used in the conduct of the business. Such
businesses include, but are not limited to, independent trucking,
construction, well drilling, earthmoving, logging, or tree cutting
businesses.
A commercial use located on the property where the business
owner resides involving the manufacture and sale of goods, including
but not limited to wood products, furniture, boats, canoes, ceramics,
quilts, baskets, crafts or electronic or computer equipment.
Any personal or professional service conducted entirely within
a dwelling and carried on only by resident members of the family,
which use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the residential character
thereof and in which there is kept no stock in trade.
Any incandescent or other sign which gives forth its own
light, or any transparent or translucent sign through which artificial
lights are emitted, including, without limitation, any neon sign,
fluorescent sign or advertising light display.
Any sign illuminated by a lighting device and reflecting
the light thereof, but not emitting any light and therefore not an
illuminated sign.
An activity or group of related activities having a common
purpose being conducted at or upon a parcel of land. Land uses can
be principal or secondary (accessory) and they may be temporary or
long term. For purposes of the Zoning Law, related activities with
a common purpose have been assigned a single designation in Zoning
Schedule B, Use Chart.[1]
A business premises equipped with individual clothes washing
or cleaning machines for the use of retail customers, exclusive of
laundry facilities provided in an apartment, fraternity, sorority,
residential hotel or club.
Manufacturing, production or assembly of goods or materials
that does not include any of the following: (a) mining of sand, gravel
or other minerals; (b) sawmills, chipping mills, pallet mills and
similar wood using facilities; or (c) manufacturing or assembly that
involves the manufacture of hazardous chemicals; the use of petroleum-based
products except as incidental to the primary industrial use; the outdoor
storage of scrap metal or junk; the creation of solid, liquid, or
airborne hazardous wastes; the creation of smoke or airborne particulate
matter except as incidental to the main industrial use; or the creation
of noise which would have an adverse impact upon neighboring properties.
Uses are further limited to those considered "low hazard" or "moderate
hazard" as defined in Part 300 of the New York State Building Code.
A parcel of land occupied or designed to be occupied by one
or more buildings and the accessory buildings or uses customarily
incident to it, including such open spaces as are required by this
chapter, and such open spaces as are arranged and designed to be used
in connection with such building.
The total horizontal area included within lot lines. No part
of the area within a public right-of-way may be included in the computation
of lot area.
That portion of a lot that is covered by buildings or structures.
Any project involving one or more of the following:
Construction of a multifamily structure on a lot or parcel,
or on adjacent lots or parcels, as one project consisting of five
or more units.
Construction of facilities or structures for a nonresidential
use covering more than 2,500 square feet of building footprint.
Alteration of existing structures or expansion of existing structures
by more than 1,000 square feet of ground area.
Alteration and active use of more than 5,000 square feet of
land, with or without structures, in connection with a use requiring
site plan review and approval.
Any facility providing boat docks or moorings for a fee or
other consideration and often offering supply, storage, repair and
other services.
The required minimum distance between any building and the
right-of-way of any public or private road.
The required minimum length of width of a lot measured parallel
to the front lot line at a distance from the lot equal to the front
yard specified for the district.
The required minimum length of the front lot line along its
boundary with any public road line or private road line.
Any project not defined as a major project, or any project
that merely involves conversion of existing structures to another
use.
A movable or portable single unit designed and constructed
to be towed on its own chassis comprised of frame and wheels or those
of another vehicle, connected to utilities and designed and constructed
without a permanent foundation, designed to be used and capable of
being used as a detached single-family residence, and which is intended
to be used for either seasonal or permanent year-round occupancy,
containing sleeping accommodations, a flush toilet, a tub or shower,
kitchen facilities, and plumbing and electrical connections for attachment
to outside systems. A dwelling unit that is constructed in sections
and transported to and assembled on the site is not considered a mobile
home.
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings
and for occupancy.
A durable surface located on a mobile home lot which is to
be used for the placement and capable of supporting a mobile home.
A cross-country racecourse or trail designed or used for
racing or sport by motorized vehicles for a fee, including but not
limited to motorcycles, all-terrain vehicles, automobiles, or snowmobiles.
This term does not include trails open to the general public free
of charge, such as snowmobile trails designated under the Parks and
Recreation Law of the State of New York, other trails designated or
owned by municipal, county or state governments, or trails located
on private property for occasional use where no fee is charged.
A building or site, or portion thereof, used for making repairs
to motor vehicles such as automobiles, trucks, snowmobiles, all-terrain
vehicles, or lawn tractors and garden equipment. This definition includes
auto body shops.
A structure containing three or more dwelling units separated
from each other by common wall in the form of attached housing, or
placed above or below one another.
Any building or structure in existence or substantially completed
on the effective date of the Zoning Law which is not in the conformance
with the area or bulk requirements of this Zoning Law but which was
in conformance with the setback and building size and height requirements
in effect immediately prior to that effective date.
Any lot legally in existence on the effective date of the
Zoning Law which does not conform to the lot size, width and frontage
requirements of Zoning Law but which was in conformance with the dimensional
requirements in effect immediately prior to that effective date.
The use established on a parcel on the effective date of the Zoning Law which is prohibited or restricted in the zone the parcel is located in under the Zoning Law but which was legal in all respects immediately prior to that effective date. The nonconforming use is limited by the intensity of the use that was established prior to the effective date. Nonconforming uses may retain or lose this status pursuant to the provisions of Article VII of the Zoning Law.
A sign that is not located on the same premises as the business
or service it advertises or identifies.
A building containing one dwelling unit.
A recreation use particularly oriented to and utilizing the
outdoor character of an area that is used by motorized vehicles, including
a snowmobile trail, a jeep trail, or an all-terrain vehicle trail,
excepting motocross. (See definition of "motocross.")
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including a cross-country ski trail,
a hiking and backpacking trail, a bicycle trail, a horse trail; or
a playground, picnic area, public park, public beach or similar use.
This definition does not include any trail or open space area used
by motorized vehicles such as a snowmobile trail, jeep trail, or all-terrain
vehicle trail.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 180 square feet, exclusive
of passageways and driveways thereto.
Includes barber, hairdresser, beauty parlor, shoe repair,
photographic studio, massage parlor, and businesses involving the
care of a person or his or her apparel.
A residential development planned as a whole on a single
parcel of land, or on multiple parcels of land constituting a subdivision,
consisting of at least four or more dwelling units and two or more
residential structures.
Town of Inlet Planning Board.
A freestanding sign with the base of the actual sign area
at least five feet above the ground supported by vertical pole(s).
A sign, whether on its own trailer, wheels or otherwise,
designed to be moveable and not permanently affixed to the ground,
a building, structure or other sign.
A sign affixed to trees, other natural vegetation, rocks
or utility poles.
An establishment's principal sign, i.e., the sign which
identifies the business to a passerby, communicating the most pertinent
information.
Human male or female genitals, pubic area or buttocks, with
less than a fully opaque covering, or the showing of the female breasts
with less than a fully opaque covering of any portion of the breast
below the top of the nipple and areola, or the depiction of the covered
male genitals in a discernibly turgid state.
Any building, structure, district, area, site or object in
the Town of Inlet listed or eligible for listing pursuant to National
Historic Preservation. Act or the State Historic Preservation Act
or which have been designated by the Town Board of local historic
interest due to:
Association with events that have made a significant contribution
to the broad patterns of the Town or the region; or
Association with the lives of persons significant in the Town's
or region's history; or
The embodiment of distinctive characteristics of a type, period,
or method of construction, or that represent the work of a master,
or that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction.
Any of the following, including grounds and accessory structures
necessary for their use, but not including any open space recreation
use as defined herein:
Places of worship, parish houses, convents, rectories, parsonages
and similar accessory buildings;
Cemeteries;
Nursery schools, elementary schools, high schools, colleges
or universities;
Public libraries and museums;
Not-for-profit fire, ambulance, and public safety buildings;
Hospitals, health care centers;
Not-for-profit membership club or corporation established for
cultural, social or recreational purposes, such as a Veterans of Foreign
Wars meeting hall or similar buildings used by similar organizations;
and
Not-for-profit recreational facilities, used for swimming, tennis,
platform tennis, bowling, hockey, ice skating and other indoor or
outdoor sports, but excluding any motorized open space recreation
use or motocross.
Infrastructure incidental to supplying everyday necessities
to the public at large, such as electricity, telephone service, natural
gas, water and other essentials.
An open, unoccupied space on the same lot with a building
between the rear line of the building and the rear lot line and extending
the full width of the lot.
A facility that offers activities, pastimes or productions
that entertain, divert or amuse.
An establishment at which food is served to patrons on the
premises, which may include the sale of alcoholic beverages provided
that the sale of such beverages is clearly secondary and accessory
to the serving of food.
A sign erected on a roof or extending in height above the
roofline of the building upon which the sign is erected or abuts.
Any building or portion thereof containing more than two
and less than 10 rooms that are used, rented or hired out to be occupied
or that are occupied for sleeping purposes for compensation whether
the compensation be paid directly or indirectly. The term "rooming
house" shall be deemed to include "boardinghouse," "lodging house"
and "tourist home."
A-frame portable signs with two flat faces. Such signs must
be constructed of durable materials, are meant to be self-supporting
on the ground, and may or may not have changeable copy.
[Added 10-11-2016 by Ord.
No. 1-2016]
Mill for processing timber into boards and lumber, as a commercial
operation. For purposes of this chapter, the term "sawmill" does not
include portable devices used on a temporary basis for cutting timber
harvested on the property where the portable device is temporarily
located.
A sign which communicates accessory information, e.g., hours
of operation, different types of products sold.
A residential development that may contain attached dwelling
units where at least one of the following conditions is true:
The federal Department of Housing and Urban Development has
determined that the dwelling is specifically designed for and occupied
by elderly persons under a federal, state or local government program;
It is occupied solely by persons who are 62 years of age or
older; or
It houses at least one person who is 55 years of age or older
in a least 80% of the occupied units, and adheres to a policy that
demonstrates intent to house persons who are 55 or older.
A single parcel of land with buildings or structures planned
as a whole and intended for two or more retail, office, service or
similar establishments.
An open unoccupied space on the same lot with a building,
situated between a building and the side lot lines and extending from
the front yard to the rear yard.
Any lettered, numbered, symbolic, pictorial, illuminated
or other visual display designed to identify any activity, event,
organization, people or place but not including signs erected and
maintained pursuant to the discharge of governmental functions and
regulations, or any national flag not associated with commercial activity.
The total area of all faces or surfaces of a sign upon which
any writing, illustration, or expressive matter appears, excluding
supporting framework such as brackets or posts if such framework is
incidental to the display. The sign area of a sign having more than
one face or surface shall be the total area of all such faces or surfaces,
except where a sign consists of two faces back-to-back, in which case
the face of the sign having greater area shall constitute the total
sign area. The sign area of a group of connected or related signs
shall be the sum of the sign areas of the signs belonging to it. The
sign area of sign painted on or applied to a building shall be the
smallest rectangle or other shape which encompasses all lettering,
numbering, designs, logos or lights together with any background of
a different color than the finish material of the building.
A board with writing or pictures on it that gives information
about something (such as a business).
[Added 10-11-2016 by Ord.
No. 1-2016]
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy, or fondling
or other erotic touching of human genitals, pubic region, buttocks,
or female breasts.
A public or private way which affords the principle means
of access to abutting property. The term "street" includes the terms
"road" or "highway."
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any pool except those designed for a water depth of less
than 24 inches and which are installed entirely aboveground.
Any or all of the physical elements of the central cell facility
that contains all the receivers, transmitters, and other apparatus
needed for cellular operation (also known as "base transceiver station"
or "BTS").
A structure on which one or more antenna will be located,
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for a FCC-licensed
carrier, but excluding a structure used exclusively 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.
Any sign that is used only temporarily and is not permanently
mounted.
[Amended 10-11-2016 by Ord. No. 1-2016]
Any hotel, motel, resort, tourist cabin, bed-and-breakfast
or similar facility designed to house the general public.
Town of Inlet Town Board.
A travel trailer, which shall also include motor homes, is
any portable vehicle which is designed to be transported on its own
wheels; which is designed and intended to be used for temporary living
quarters for travel, recreational or vacation purposes; and which
may or may not include one or all of the accommodations and facilities
included in a mobile home.
Land space and accommodations for parking of travel trailers.
Any parcel of land which is planned and improved for the
placement of two or more travel trailers which are used as temporary
living quarters and for occupancy.
A facility for the storage of more than one truck exceeding
a gross vehicle weight of 18,000 pounds, or more than two smaller
trucks, that are used principally for hire or for transporting goods
not manufactured or warehoused on the site.
A building containing two dwelling units.
The New York State Uniform Fire Prevention and Building Code.
A wind conversion system consisting of a wind turbine, a
tower, and associated control or conversion electronics, and which
is intended primarily to reduce on-site consumption of utility power.
Town of Inlet Zoning Board of Appeals.
[1]
Editor's Note: Schedule B is included at the end of this
chapter.
