Town of Mount Hope, NY
Orange County
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Table of Contents
Table of Contents
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation, partnership, or other entity, as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building, structure or parcel of land shall be construed as though followed by the words "or intended, capable of, arranged or designed to be occupied or used." The term "Board of Appeals" shall be interpreted to mean the same as the term "Zoning Board of Appeals" wherever used.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated:
ACCESSORY
A term applied to a building or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
AGRICULTURE or HORTICULTURE
The cultivation of soils for food products or other useful or valuable growths in the field or garden or within structures, exclusive of facilities for display of products or on-premises marketing except as may be specifically permitted in this chapter. "Agriculture" shall also be deemed to include poultry, ratitae, or livestock production or breeding as permitted pursuant to this chapter, including the raising of cattle or other livestock for the purposes of milk or meat production. Agricultural or horticultural uses shall also be deemed to include uses such as nurseries, greenhouses, orchards, field crops, vineyards, and any other cultivation of soils and natural products thereof, as well as the keeping, breeding, and raising of beef or dairy cattle, horses, sheep or other permitted livestock. Horticultural uses shall be included under the definition of "agriculture." Breeding pigs for market and the commercial breeding and/or raising of fur-bearing animals, including but not limited to mink, shall not be considered to be an agricultural activity.
ALTERATION
A change or rearrangement in the structural parts of a building, or an enlargement, whether by extending to a side or by increasing the height.
ANTENNA
Any tower, apparatus or structure for the purpose of transmitting or receiving radio waves or microwaves as defined by the Federal Communication Commission. The height of the antenna shall be measured in a vertical distance from the average elevation of the finished grade at the base of the antenna to the highest point of the antenna, or, if mounted on a building, from the elevation of the finished grade of the building directly below the antenna.
ART-AND-CRAFT STUDIO
A home occupation involving the fabrication and/or retail sale of curios, novelties, or handmade artwork and the repair or sale of antiques or collectibles.
BED-AND-BREAKFAST
A home occupation involving the rental of up to four rooms as transient accommodations, with breakfast served to guests, but with no full service restaurant facilities.
BOARDINGHOUSE
A building containing a single dwelling unit and lodging rooms accommodating, for compensation, two or more persons, who are not the keeper's family.
BUILDING
A structure wholly or partially enclosed within exterior walls and a roof, affording shelter to persons, animals or property.
BUILDING INSPECTOR
The Town official who is responsible to administer this chapter in addition to his role as enforcer and administrator of the local Building Construction Code. All references to the "Building Inspector" include the Deputy Building Inspector and Code Enforcement Officer.
CAMPER
Includes any person who registers his party for occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.
CAMPGROUND
A plot of ground upon which two or more campsites are located, established, or maintained and occupied by camping units as temporary living quarters for a total of 15 days or more in any calendar year.
CAMPGROUND OWNER
Includes the owner, lessee, tenant or other person authorized to operate a campground as defined pursuant to this chapter.
CAMPING VEHICLE
Includes any licensed camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis designed without permanent foundation which is used for temporary dwelling or sleeping purposes and which does not exceed eight feet in width in its travel state.
CAMPSITE
Includes any plot of ground within a campground intended for occupancy by a camp unit or units.
CAMP UNIT
Includes any tent, camping vehicle, or similar structure, temporarily located on a campsite as temporary living quarters, but shall not include any camping unit kept at a campground for storage purposes only.
CENTRAL WATER AND SEWER SYSTEMS
A system or systems under control and maintained by one ownership that serves two or more dwelling units.
[Added 12-10-2001 by L.L. No. 4-2001]
CONVENIENCE STORE
A one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked primarily to sell food, beverages, and household supplies to retail customers. Such establishments may include the retail sale of gasoline, oil and other automotive fluids, although no repairs or servicing of vehicles are permitted.
DAY-CARE CENTER
A facility licensed by the New York State Department of Social Services pursuant to § 390 of the Social Services Law. A day-care center program provides for more than three hours and less than 24 hours per day of care away from the child's home by an individual, association, corporation, institution or agency for seven or more children. A day-care center shall not include any of the following: a day camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district.
[Added 3-8-2004 by L.L. No. 1-2004]
DOMESTIC ANIMAL
Any of various animals, including but not limited to the horse or sheep, that is typically and customarily adapted to living in a tame association with humans. Small pets that are not customarily adapted to being harbored outdoors or in barns, including but not limited to animals such as canaries, gerbils, and tropical fish, but specifically excluding cats and dogs, are not regulated for purposes of this chapter except where the same are harbored and/or bred on a large scale for commercial, laboratory, fur, or other purposes.
DUMP
A parcel of land or part thereof used for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of any unwanted material of any origin, including but not limited to metal, stones, concrete, metal tanks, automobiles, automobile parts, construction and demolition debris, barrels, metal cans, or other metal containers, hazardous or medical waste materials, or garbage and soil waste of any nature, and any materials or items which are being disposed of and which require federal, state, and/or local permits for the disposal of the same.
DWELLING
A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes, provided that they meet all of the requirements of this chapter, the Building Code and all other federal, state or municipal regulations, ordinances or local laws applicable to dwellings.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units only.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, and having no enclosed spaces (other than vestibules, entrances and other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse room, dormitory, motel, inn, nursing home, or other similar structure shall not be deemed to constitute a "dwelling unit."
[1]
FAMILY
One or more persons living together as a single, stable, bona fide housekeeping unit using all rooms and housekeeping facilities of a dwelling unit in common. Any such number of persons shall not be deemed to constitute a "family" if any one of such persons does not have lawful access to all parts of said dwelling unit and/or if any or more of such persons lease or rent any separate portion of such dwelling unit from any other persons.
FLOOR AREA
The sum of the gross horizontal area of the floor or floors of a structure as measured from the exterior faces of the wall of the building.
FOWL
Including but not limited to domesticated birds such as pigeons, chickens, ducks, geese, turkeys and pheasants raised in confinement, whether indoors or outdoors.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.
HEALTH CLUB
A for-profit or not-for-profit indoor or mixed indoor/outdoor recreational and exercise facility that may include such facilities as weight-lifting equipment, indoor and/or outdoor running tracks, swimming pools, tennis, squash, handball, or racquetball courts, exercise machines such as treadmills, rowers, stationary bicycles and the like, and accessory facilities such as saunas, tanning rooms, showers and locker rooms, but specifically excluding video game rooms as well as all uses listed under § 250-42O(3) of this chapter as prohibited recreational uses.
HEIGHT
The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling by its residents thereof, clearly secondary to the use of the dwelling for living purposes, and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling if so used. Permissible home occupations include, but are not limited to, art-and-craft studio, writer's studio, insurance sales office, bed-and-breakfast establishment, dressmaking, offices of a clergyman, lawyer, physician, dentist, architect, engineer, accountant or similar professional; teaching, with musical, dancing and other instruction limited to one pupil at a time; barbershop or beauty parlor limited to one station, and office of real estate broker or salesperson. However, home occupations shall not be construed to include uses such as the following: clinic or hospital, restaurant, animal hospital, or dog kennel.
HOUSEHOLD PET
Any domesticated animal used solely for the enjoyment of the member(s) of a household and not for commercial purposes. Domesticated animals shall not include wild individual animals that have been tamed for household habitation, livestock, poultry, or ratitae.
JUNKYARD
Any area of land including buildings thereon which is used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, tires or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. Two or more motor vehicles either whole or complete, partially dismantled or parts thereof, stored outside without current license plates, unregistered and uninsured, shall constitute a "junkyard."
KENNEL
A place where more than six adult dogs are kept for boarding, breeding and/or training, raising, grooming, training or veterinary care.
LIVESTOCK
Domesticated animals raised as a part of or in connection with an agricultural operation, including but not limited to horses, cows, poultry, sheep and goats, but specifically prohibiting mink and pigs. See "agriculture."
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses, accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT AREA
The total area of a lot.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
The percentage of the area of the lot covered by a building or buildings.
LOT, DEPTH
The minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINE
Any boundary of a lot other than a street line.
LOT LINE, FRONT
The line separating a lot from a street.
LOT LINE, REAR
The lot line generally opposite to the street line.
LOT WIDTH
The distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line connecting the end points of the front lot line.
MANUFACTURING
Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
A. 
Any vehicle mounted on wheels, movable either by its own power or capable of being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking.
B. 
The term "mobile home" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
C. 
The term "mobile home" shall not include a camping trailer, travel trailer, or office trailer.
MOBILE HOME COURT OR PARK
Any area of land occupied by two or more mobile homes that are used for dwelling purposes.
MOBILE HOME, DOUBLE-WIDE
A mobile home structure, transportable in two or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
MOBILE HOME SALES LOT
Any area of land upon which mobile homes are placed for purposes of sale or display.
MODULAR HOME
An off-site fabricated, sectionalized transportable building for dwelling purposes, designed to be used by itself or to be incorporated with similar building sections and placed on a permanent foundation at the building site.
MOTEL or HOTEL
Any establishment consisting of a building or group of buildings providing living and/or sleeping accommodations with individual bathrooms, and designed for use by transient automobile travelers. Length of stay shall be limited to a period not to exceed 30 consecutive days nor more than 90 days in a calendar year within any room in such a facility.
NONCONFORMING LOT
Any lot lawfully existing and on record on the effective date of this chapter or any amendment thereto which does not meet the minimum bulk requirements, including but not limited to lot area and/or lot width, the depth requirements of this chapter for the zoning district in which such lot is situated as a result of such enactment or amendment.
NONCONFORMING STRUCTURE
Any structure which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto, but which is not in conformance with the bulk table regulations[2] for that zoning district as a result of such enactment or amendment.
NONCONFORMING USE
Any use which is lawfully in existence within a given zoning district on the effective date of this chapter or any amendment thereto which does not conform to the district use regulations as a result of such enactment or amendment.
NURSERY SCHOOL
An instructional facility for preschool children, usually between ages three and five, providing care for less than three hours a day. Schools may hold two sessions daily.
[Added 3-8-2004 by L.L. No. 1-2004]
PERSON
Any individual, firm, company, association, society, corporation, group, partnership, or entity.
PRINCIPAL STRUCTURE
In any residence district, the residential structure shall be deemed the principal structure on the lot when a residence is situated on the lot.
PROFESSIONAL FORESTER
A graduate forester from a Society of American Foresters' accredited forestry curriculum who has at least two years of experience in the field of forest management or timber harvesting.
[Added 7-8-2002 by L.L. No. 1-2002]
RETAIL STORE
A fully enclosed permanent store for the sale of retail goods and commodities of various types. This definition shall include a department store and also personal service shops such as hair care salons, nail salons and the like. However, establishments involving the sale of gasoline or other fuels, new or used motor vehicles, heavy machinery or farm equipment, trailers or modular homes, or used automotive parts shall not be included in this definition.
SCHOOL and COLLEGE
These categories consist of private, public and parochial facilities that provide a curriculum of elementary and secondary academic instruction, as well as higher education, including kindergartens; elementary, middle, junior and senior high schools; and two-year, four-year and advanced degree institutions. Nursery schools and day-care facilities licensed by the state are covered under "nursery schools" and "day care."
[Added 3-8-2004 by L.L. No. 1-2004]
SELF-STORAGE CENTER
A public facility for dead storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner. The term "self-storage center" includes all similar uses and terms, but shall not be construed to mean a warehouse.
SENIOR HOUSING DEVELOPMENT
Dwelling units, either rental or condominium, established for primarily individuals and families age 55 and older with not more than two bedrooms per unit.
[Added 12-10-2001 by L.L. No. 4-2001]
SIGN
Any letter, word, model, banner, pennant, insignia, trade flag, device, or representation used as, or which is in the nature of, an advertisement, attraction or directive.
SIGN AREA
Includes all faces of a sign measured as follows:
A. 
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included;
B. 
When such sign consists only of letters, design, or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
STORY
A space between the surface of any floor and the surface of the next higher floor, or, if no floor above it, the space between the surface of any floor and the ceiling immediately above it.
STREET
A public way which affords principal means of access to abutting properties.
STRUCTURE
Anything constructed or erected on or under the ground or upon or attached to another structure or buildings or any other use attached to another use or structure attached to the ground, including but not limited to stadiums, platforms, radio towers, underground utilities, sheds, storage bins, portable concrete batch plants, billboards, and display signs.
SWIMMING POOL
A private swimming pool, pond or tank that is constructed, installed or maintained upon any premises by any person for his own or his family's use and for the use of his guests and invitees, and shall also mean and include a wading pool or tank, artificially constructed or installed, not designed or used for swimming with a surface area of more than 120 square feet and a water depth of more than 18 inches. This definition shall explicitly exclude farm ponds.
TIMBER HARVESTING
An activity that fells standing trees and/or removes trees, stems, tops or branches within any twelve-month period whose volume is greater than 20 standard cords of wood or 2,560 cubic feet of wood or 10,000 board feet of timber, as measured by International One-Fourth Inch Log Rule on any one parcel or series of contiguous parcels in the same ownership.
[Added 7-8-2002 by L.L. No. 1-2002]
TRAILER
Any type of portable structure, whether on wheels, skids, rollers, blocks or foundation supports which is capable of being used for living or sleeping purposes or the transportation or storage of material. The term "trailer" shall include, but is not limited to, camping trailer, utility trailer, travel trailer, office trailer, or truck trailer.
USE
The specific purpose for which land or a building is used or occupied or maintained.
UTILITIES, PUBLIC
Structural components of a transmission or distribution system using a physical medium such as pipe, wire, cable or conduit, for such services as electricity, gas, water or telephone. Also, the structural components of a transmission or distribution system using a nonphysical medium such as air for such services. Ham radios and private radio services or providers shall not be considered a utility for the purposes of this definition.
YARD
An open space which lies between the principal building or groups of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted:
A. 
An open space extending the full width of the lot between the principal building and the front lot line, unoccupied and unobstructed from the ground upward.
B. 
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C. 
An open space extending from the front yard to the rear yard, between the principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See also the bulk tables included in attachments to this chapter.