Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings herein indicated.
Words used in the present tense shall include the future; the singular
shall include the plural and the plural the singular. The term "occupied"
or "used," as applied to any building or property, shall include "arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used"; the word "shall" is mandatory and not optional.
For the purpose of this chapter, the following words, terms
and phrases have the meanings herein indicated:
A use of land or of a structure or portion thereof incidental
and subordinate to the principal use of the land or building and located
on the same lot with such principal use.
Forty-three thousand five hundred sixty square feet.
A use of a building or land for a business which has adult materials
as a significant portion of its stock-in-trade or involves the sale,
lease, trade, gift or display of drug paraphernalia. Adult materials
include any literature, book, magazine, pamphlet, newspaper, paper,
comic book, drawing, photograph, figure, image, motion picture, sound
recording, article, instrument or any other written or recorded matter
which depicts or describes any specified anatomical areas and/or specified
sexual activities. Drug paraphernalia includes any objects, devices,
instruments, apparatus or contrivances whose primary and traditionally
exclusive use is involved with the illegal use of any and all controlled
substances under New York State law.
For the purposes of this chapter, "adult businesses" shall also
include any nightclub, bar, restaurant, arcade, theater or any other
establishment that regularly features live performances that are characterized
by the exposure of specified anatomical areas or by specified sexual
activities, or films, motion pictures, video cassettes, slides or
other photographic reproductions in which a substantial portion of
the total presentation time is devoted to the showing of material
that is characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas, or where
any specified sexual activities are conducted for economic gain or
any other form of consideration.
Specified anatomical areas. As used herein, "specified anatomical
areas" means and includes any of the following:
Specified sexual activities. As used herein, "specified sexual
activities" means and includes any of the following:
See "health facility."
The use of any parcel of land for economic gain in the raising
of agricultural products, livestock, poultry and/or dairy products;
or the operation of timber tracts, tree farms, forest nurseries, the
gathering of forest products, or in performing forest services, but
not including the operation of a sawmill or other wood manufacturing
businesses. It includes necessary structures within the limits of
the parcel and the storage of equipment necessary for production.
It excludes agricultural-products-processing operations; riding academies,
livery or boarding stables and dog kennels; and the disposal or use
of sludge, septage or similar waste products.
An industry that involves the processing of raw agricultural
products and transforming those products into a more refined, prepared
or marketable state. It includes, but is not limited to, such uses
as dairies and food canning and freezing operations, but does not
include sawmills.
Establishments primarily engaged in supplying soil preparation
services, crop services, landscaping, horticultural services, animal
services and farm labor and management services, and farm machinery
dealers.
Any area of land or water, public or private, designed and
set aside for the landing and takeoff of aircraft, including helicopters,
and which may include facilities necessary for the housing and maintenance
of aircraft.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities;
or an enlargement, whether by extending on a side or by increasing
in height; or the moving from one location or position to another.
A building or part of a building in which five or more pinball
machines, video games or other similar player-operated amusement devices
are maintained.
A commercially operated park or facility with various devices
for entertainment, including but not limited to rides, games, electronic
games and similar devices, food stands and other associated facilities.[1]
A place where animals or pets are given medical or surgical
treatment, and the boarding of animals for extended periods is part
of the care given at the facility.
Any motor vehicle 25 years or older which has been restored
to good operating and roadworthy condition and which has a valid antique
vehicle registration as required by the motor vehicle laws of the
State of New York.[2]
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit making application for a permit or approval in accord with
this chapter.
See "service establishment."
A transient tourist-related business conducted in a dwelling
in which more than three persons, either individually or as families,
are housed or lodged for hire on a short-term basis with meals normally
included as a part of the services rendered.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with meals normally
but not necessarily included as a part of the services rendered.
A part of a required setback area (yard) which is used to
provide separation between incompatible uses to effect a visual barrier,
reduce noise, block physical passage between uses, and reduce noise,
dust and litter. The separation may be effected by fencing, dense
vegetative planting, the provision of additional setback distances,
berms or a combination thereof; and, in general, widths of buffers
are increased as the density or opaqueness of the barrier decreases.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
The area of the lot covered or occupied by the total horizontal
projected surface area of all buildings on the lot and including accessory
buildings and structures.
The vertical distance measured from the average elevation
of the proposed finished grade within 20 feet of the building to the
highest point of the roof.
The administrative officer charged with the duty of enforcing
the provisions of this chapter, which term shall be interchangeable
with "Code Enforcement Officer" and "Zoning Officer."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A structure for the housing of poultry in elevated meshwork
pens, in which all the processes relating to the raising of poultry
are accomplished without the removal of the birds from such enclosures.
The division or redivision of a lot, tract or parcel of land,
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, rent, sale or transfer of ownership,
for the purpose of providing a site for travel trailers, truck campers,
camper trailers, motor homes and tents for temporary occupancy. Campgrounds,
recreational vehicle parks, primitive camping facilities and other
similar facilities shall fall under this definition.
Any building or premises, or portions thereof, used for washing
automobiles for commercial purposes.
An open space for the storage of one or more vehicles in
the same manner as a private garage, and which may be covered by a
roof supported by columns or posts, except that one or more walls
may be the walls of the main building of which the carport is an accessory
building or extension.
A tract or parcel of land that contains the cellular phone
antenna, its support structure, accessory building(s), and parking,
and may include other uses associated with and ancillary to cellular
phone service.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums and mausoleums,
but excluding crematoriums and funeral homes.
Any establishment enrolling five or more children five years
of age or younger and where tuition, fee or other form of compensation
for the care of the children is charged. This definition is not intended
to regulate child-care centers the regulation of which is preempted
by New York State law.
A building used for public worship. (See "semipublic buildings
and uses.")
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
An establishment operated for social, athletic, recreational
or educational purposes but open only to members and not open to the
general public.
A form of development for single-family residential development
that permits a reduction in lot area and certain development standards,
provided unit densities permitted under a conventional subdivision
are maintained and the resultant land area is devoted to common open
space.
A tract or parcel of land that contains a commercial antenna
for communication service (such as for telephone, television, radio
and two-way radios), its support structure, accessory building(s),
and parking, and may include other uses associated with and ancillary
to the transmission.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any commercial activity which is associated with the construction
or erection of buildings or structures at a project site, including
but not limited to excavators, builders, plumbers, electricians, painters,
well drillers, masons and similar trades.
A recreational property owned and managed by a membership
organization and including recreational facilities, restaurant and
meeting rooms.
A furnace or establishment for the incineration of corpses.
An elevated (more than six inches) attached accessory structure
constructed of wood with no walls or roof. As an attached accessory
structure, it must meet the required setbacks for the principal building.
Any landowner, agent of such owner, or tenant with the permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
A building arranged, intended, designed or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
hotel, motel, rooming house or tourist home.
SINGLE-FAMILY DETACHEDA building arranged, designed and intended to be used for and occupied exclusively by one family.
TWO-FAMILYA building arranged, designed and intended to be used for and occupied by two families living independently and having no cooking or bathroom facilities in common.
MULTIPLEA building arranged, designed and intended to be used for and occupied by three or more families living independently and having no cooking or bathroom facilities in common, and including multiple-dwelling projects as defined in this chapter.
Rooms in a dwelling structure, including a kitchen, sleeping
facilities, and a separate bath and toilet, designed as a household
unit for extended periods of occupancy for living and sleeping purposes
by not more than one family at a time.
Public utility, facilities that do not require enclosure
in a building, including the construction or maintenance of gas, electrical,
steam, telephone, cable television, sewage treatment plants and collection
systems or water distribution systems; including equipment such as
poles, towers, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment.
A booth or stall on a farm and from which produce and farm
products are sold to the general public and which is operated by the
owner of the property.
A facility where fish eggs are hatched and fish are raised.
Sales activity held under an open structure or in an open
area where stalls or sales areas are set aside, and rented or otherwise
provided, and which are intended for use by various unrelated individuals
to sell articles that are either homemade, homegrown, handcrafted,
old, obsolete or antique, and which may include the selling of goods
at retail by businesses or individuals who are generally engaged in
retail trade. Flea markets shall not include any operation which involves
the sale of any adult or pornographic material or any activity included
in the definition of "adult business" contained in this chapter. Flea
markets conducted entirely within an enclosed building shall be considered
retail businesses.
Establishments engaged in the operation of timber tracts,
tree farms, forest nurseries, and the gathering of forest products,
but excluding sawmills and other wood manufacturing businesses.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: 1) embalming
and the performance of other services used in preparation of the dead
for burial; 2) the performance of autopsies; 3) the storage of caskets,
funeral urns and other related funeral supplies; and 4) the storage
of funeral vehicles, but shall not include facilities for cremation.
Where a funeral parlor is permitted, a funeral chapel shall
also be permitted.
A building or portion thereof used only for the storage of
automobiles by the families resident upon the premises or by individuals
residing in the immediate vicinity of such storage facilities.
A structure, building or area of land, or any portion thereof,
that is used for the sale of gasoline and oil or any other motor vehicle
fuel and/or other lubricating substance, which may or may not include
facilities for lubricating, washing and sale of accessories, but not
including the painting and/or body work thereof and other vehicle
and equipment repair operations as defined by this chapter. Any business
or industry dispensing gasoline and servicing vehicles only for its
own use will not be deemed to be a gasoline service station.
A tract of land for playing golf, improved with trees, greens,
fairways, hazards, and which may include clubhouses and shag ranges;
but it does not include miniature golf courses or golf ball driving
ranges.
A structure, typically constructed of metal or wood framework
and covered with glass or plastic, used for the propagation of plants
for wholesale distribution, and including associated structures for
office space and storage, but not including retail sales of any products
or services.
The sum of the total horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, or any space
where the floor-to-ceiling height is less than six feet.
A facility or dwelling unit housing persons unrelated by
blood or marriage and operating as a group family household, which
is a group of individuals living together in a dwelling unit as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship providing organization
and stability and which is supervised by staff of an agency or nonprofit
organization. This shall not include any such use the regulation of
which is preempted by reason of state law.
An establishment primarily engaged in providing services
for human health maintenance, including hospital facilities, nursing
homes and adult care facilities, personal care facilities and medical
clinics and offices, whether publicly or privately operated. This
shall not include group homes and any such use the regulation of which
is preempted by reason of state law.
An accessory structure or use for the raising of plants for
noncommercial private consumption or use.
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes; the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling; and no goods are publicly displayed on the premises. See § 220-24.
Any of various equine mammals used for riding and for drawing
or carrying loads, including donkeys, horses and mules.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities. (See "health facility.")
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals, and providing additional
services such as restaurants, meeting rooms and recreational facilities.
See "service establishment."
The fattening or raising of beef cattle, hogs, poultry or
other animals for the purpose of obtaining meat, eggs or wool for
marketing. Any livestock operation which involves the keeping of more
than 250 beef cattle or 100 pigs or 250 sheep or 250 goats or 500
fur-bearing animals or 5,000 poultry shall be considered intensive.
The keeping of dairy animals shall not be included in this definition
or regulated by this chapter.
Any scrap, waste, reclaimable material or debris, vehicles
or parts thereof, whether or not stored or used in conjunction with
dismantling, processing, salvage, storage, baling, disposal or other
use or disposition.
An area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of used and discarded materials,
including but not limited to wastepaper, rags, metal, glass, building
materials, house furnishings, machines, vehicles or parts thereof,
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same.
The outside storage or deposit on a lot of two or more vehicles
which do not have current licenses issued by the New York State Department
of Motor Vehicles shall be considered a junkyard. Agricultural vehicles
such as tractors, mowers, etc., which are utilized as part of an active
farming operation and contractors' construction equipment shall
be exempt from this interpretation. Automobile sales lots managed
by licensed automobile dealers and storage areas for recognized antique
automobiles or other operable special purpose vehicles shall also
be exempt.
Any building or buildings and land designed or arranged for
the care of dogs, cats or household pets belonging to the owner of
the principal use, kept for purposes of show, hunting or as pets,
and not involving the commercial sale or barter of animals, and/or
the keeping of four or more dogs which are more than six months of
age.
The legal or beneficial owners of land, including the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition); a lessee if he is authorized
under the lease to exercise the rights of a landowner or other persons
having a proprietary interest in land shall be deemed to be landowners
for the purpose of this chapter.
Any animals raised or kept for home consumptive use or profit,
including but not limited to cattle, bison, sheep, goats, llamas,
swine, fowl, rabbits and fur-bearing animals.
Land occupied or which could be occupied by a building and
its accessory buildings, or by a dwelling group and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter, having not less than the minimum area
and width required by this chapter and having its principal frontage
on a street or on such other means of access as may be determined
in accordance with the provisions of law to be adequate as a condition
of the issuance of a zoning permit for a building on such land.
The total number of square feet in the lot.
That portion or percentage of the lot area which is covered
by buildings, roads, driveways, walkways, parking areas, or other
impervious surfaces.
The average of the depths of a lot at the two side lot lines.
The line separating the lot from a street.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a side street lot
line.
The average of the width of a lot at the building setback
line required by this chapter and the rear lot line.
An establishment that sells and/or services manufactured
and/or mobile homes.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
assembly of component parts; the manufacturing or transformation of
products for use by other manufacturers; the blending of materials
such as lubricating oils, plastics, resins or liquors; other basic
industrial processes; and any facility involving processes resulting
in the storage of hazardous materials or the generation of hazardous
waste products or other environmentally regulated processes.
Facilities involving generally unobtrusive processes not
resulting in the storage of hazardous materials or the generation
of hazardous waste products that require special permits or special
handling or other environmentally regulated processes. Uses producing
products predominately from previously prepared materials, finished
products and parts, including, but not limited to, research, engineering
or testing laboratories; assembly from components; fabrication of
products; textile and clothing manufacturing; warehousing; distribution
centers; furniture or other wood products production and the like,
but excluding basic industrial processing.
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists or psychologists
and where patients are not usually lodged overnight. (See also "health
facilities.")
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
Land occupied or to be occupied by a mobile home in a mobile
home park, improved with the necessary utility connections and other
appurtenances, and said lot being specifically designated by division
from other lots in the mobile home park.
A parcel or contiguous parcels of land under single ownership,
which has been planned and improved for the placement of two or more
mobile homes for nontransient use.
A residential structure associated with a principal permitted
commercial use and not intended for permanent occupancy, and used
solely for demonstration purposes to inform potential purchasers of
the types of homes available from the seller.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
which arrives at a site complete and ready for installation except
for minor and incidental unpacking and assembly operations, and which
is installed on a permanent foundation and is not intended for repeated
towing.
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals, with at least 25% of the
rooms having direct access to the outside.
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a multifamily project. Multifamily projects shall be treated
as multiple dwellings for the purposes of this chapter.
A building containing two or more independent, nonresidential
uses or two or more commercial buildings on one lot; such uses also
being permitted in the district where the multiple-occupant building
is proposed.
The mining, removal or recovery by any means whatsoever (including,
but not limited to, open excavations and quarries and subsurface mining)
of soil, rock, minerals, mineral substances or organic substances
other than vegetation from water or land, on or beneath the surface
thereof; said substances including but not limited to coal, limestone,
shale, dolomite, sandstone, sand, clay, gravel, rock, stone, earth,
ore, peat, soil or other mineral. Such uses with an open face of one
acre or less and used for noncommercial purposes shall not be considered
"natural resource uses" under the terms of this chapter.
The refinement of minerals to specifications for sale, including,
but not limited to, the crushing, screening, washing or grading of
minerals; and the use of minerals in any manufacturing process, such
as, but not limited to, concrete or cement batching plants, asphalt
plants and manufacture of concrete and clay products.
See § 220-52.
See § 220-52.
See § 220-52.
A commercial operation where trees and shrubs are grown for
transplanting, for use as stocks for budding and grafting, or for
sale.
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care. (See "health
facility.")
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity.
That area of a natural resource use where the extraction
or removal of said natural resource is underway, and including any
area of the property which has not been fully reclaimed and rehabilitated
following resource removal.
All areas of a cluster development, multifamily development
or PUD District development not conveyed to individual owners of residential
dwelling units and not occupied by buildings and required or proposed
improvements, and used for recreation, resource protection, amenities
and/or buffers. Open space may include, but is not limited to, lawns;
decorative planting; active and passive recreation areas such as golf
courses, swimming pools, tennis courts, riding and cycling paths and
playgrounds; agricultural land and woodland.
An open area for the same uses as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
An open recreational area or structure, constructed no higher
than six inches from the ground level and resting directly on the
ground. It may be attached to or detached from the principal building
and may be constructed using wood, masonry, pavement, stone or other
material suitable for that purpose.
A cement, concrete, treated wood or cinder block walled foundation
erected on a poured concrete footer. A solid concrete slab will also
be considered a permanent foundation.
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit.
The Planning Board of the Town of Delaware, Sullivan County,
New York.
An attached roofed patio or deck. With the exception of the
wall adjoining the principal structure, all walls must be open or
screened with a wall no higher than four feet above the floor level.
A porch is considered an attached accessory structure and must meet
those setback requirements for principal structures.
A retail establishment that provides duplicating services
using photocopy, blueprint and offset printing equipment, including
collating of booklets and reports; but not including large-scale book,
magazine or newspaper printing and publishing enterprises, which shall
be considered manufacturing.
The office of a member of a recognized profession maintained
for the conduct of that profession.
Any structure, building or use owned and operated by a government
body or agency, including such things as public schools, parks, civic
centers, municipal buildings; but excluding solid waste disposal facilities,
institutional uses, nursing homes, hospitals and other use specifically
defined by this chapter.
See "service establishment."
A vehicular type of unit designed as temporary living quarters
for recreational camping or travel use, which has either its own motive
power or is mounted on or drawn by another vehicle. Included in this
category are travel trailers of no more than 500 square feet in size,
truck campers fitted to the chassis of a pickup truck, self-propelled
motor homes and collapsible-wall camper trailers.
Boat rentals, canoe or other watercraft liveries, tourist recreational facilities, recreational vehicle campgrounds, golf courses, public recreational facilities, clubhouses, and other recreational uses likely to require significant amounts of parking, restaurant facilities, restroom facilities and other accessory services; not including lands used as access points only, whether publicly or privately operated, and not including major commercial recreational development, nor Town open space parks, playgrounds or ball fields. [See Note (2) on the Delaware River District Schedule of District Regulations in § 220-9.][4]
Parks, swimming pools, playgrounds, tennis courts and other
recreational facilities owned and operated for private use or pecuniary
gain, not including "recreational facility, intensive use" or "recreational
facility, tourist."[5]
Parks, swimming pools, playgrounds, tennis courts and other
recreational facilities owned and operated by the Town, county, school
district, state or federal government.
A recreational facility designed to provide overnight accommodations
in permanently constructed buildings in combination with a variety
of generally active recreational opportunities, such as hiking, horseback
riding, ball games and swimming; including summer camps for youth;
including restaurants and specialty shops used primarily for guests
of the facility; and excluding campgrounds or RV parks.
See "campground or recreational vehicle (RV) parks."
Materials intended for reuse, remanufacture or reconstitution,
and including for the purposes of this chapter only the following
materials: aluminum beverage containers; glass beverage and food containers;
plastic beverage, food and household product containers but not including
plastic film or bags; bimetal food containers; newsprint, magazines
and office paper and corrugated paper. Recyclables shall not include,
except as specifically authorized by the Town in accord with this
chapter, tires; large appliances such as stoves, refrigerators, washers
and dryers; other scrap metal; used motor oil or any other material
defined as "junk" or "solid waste" by this chapter.
A center for the collection and/or processing of recyclable
materials. A recycling facility does not include storage containers
or processing activity located on the premises of a residential, commercial
or manufacturing use and used solely for the recycling of material
generated by that residential property, business or manufacturer.
Any facility accepting or processing waste or other discarded materials
which are not recyclables as defined or authorized under this chapter
shall be considered a junkyard or solid waste facility as regulated
by this chapter.
RECYCLABLE COLLECTION FACILITYA center for the acceptance by donation, redemption or purchase of recyclable materials from the public.
RECYCLABLE COLLECTION FACILITY, SMALLA recyclable collection facility which occupies an area of not more than 500 square feet (including areas used for containers or other recyclable storage but not parking and loading areas) and may include mobile recycling units, kiosk-type units which may include permanent structures and/or unattended containers placed for the deposit of recyclables.
RECYCLABLE COLLECTION FACILITY, LARGEA recyclable collection facility which occupies an area of more than 500 square feet (including areas used for containers or other recyclable storage but not parking and loading areas) but not more than 20,000 square feet (including areas used for container or other recyclable storage, structure and parking and loading areas) and which may include permanent structures and limited recyclable processing for shipment or preparation to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding or cleaning, but not including the remanufacturing or conversion of recyclables to new products or raw materials used for new products.
RECYCLING UNIT, MOBILEAn automobile, truck, trailer or van licensed by the Department of Transportation, which is used for the collection of recyclable materials or the bins, boxes or containers transported by trucks, vans or trailers which are used for the collection of recyclable materials.
RECYCLABLE PROCESSING FACILITYAny recycling facility which exceeds the area or processing limits of a large collection facility or which involves the remanufacturing or conversion of recyclables to new products or raw materials used for new products.
A building in which scientific research, investigation, testing
or experimentation is conducted, but involves no manufacture or sale
of products, except as incidental to the main purpose of the facility.
An establishment where food and drink is prepared, served
and consumed primarily within the principal building.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods, and which is not otherwise
listed as a use in the schedule of uses.[6]
Land reserved for use as a street, drainage facility or other
public, community or private use.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia, used to transmit and/or receive radio or
electromagnetic waves between earth and/or orbitally-based sources.
Accessory to residential uses, such dishes shall not exceed four meters
in diameter.
An establishment for processing logs into finished or semifinished
lumber, but which does not include major wood products industries
or lumberyards.
A building or buildings containing separated spaces to be
leased or rented to individuals and/or businesses for the storage
of personal belongings, goods or supplies.
Buildings or uses operated by nonprofit, community-based
organizations for the general use of Town residents, including churches,
firehouses, ambulance buildings, private schools, libraries and the
like, but excluding institutional uses such as nursing homes, hospitals,
sanitariums and clinics. It shall also include essential services
or public utilities that require enclosure within any structure or
building.
Establishments engaged in providing services involving the
care or needs of a person or his or her apparel, such as cleaning
and garment services, beauty and barber shops, shoe repair, dry cleaning
and laundries, fitness centers, photographers, and similar uses, and
which is not otherwise listed as a use in the schedule of uses.[7]
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any portion of
any building. Front setbacks shall be measured from the edge of the
highway right-of-way and other setbacks from property lines.
A sanitary sewage collection and treatment system in which
sewage is carried from individual lots or dwelling units by a system
of pipes to a central treatment and disposal facility or system, which
may be publicly or privately owned and operated. A system designed
to serve a two-family dwelling or two dwelling units located on the
same property or adjacent properties shall not be considered as central
sewerage, and in such a case all development standards will apply
the same for each dwelling or unit as any single-family unit.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage in whole or in part into
the soil.
An accessory structure, either attached or detached, used
for the storage of tools, minor equipment, and materials.
See § 220-91 for definitions of "signs," "on-premises sign," off-premises sign" and "sign surface area."
[Amended 9-14-2016 by L.L. No. 3-2016]
Equipment that directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy, including
solar panels, support structures, equipment, accessory buildings,
fencing, access roads, signage and all other features connected therewith.
[Added 9-14-2016 by L.L.
No. 3-2016]
Any garbage, refuse, industrial, lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded material
or other waste, including solid, liquid, semisolid or containing gaseous
materials resulting from industrial, mining, local facilities or any
other by-product or effluent from an industrial, mining or water supply
treatment facility, wastewater treatment facility or air pollution
control facility or any other material defined by the New York State
Department of Environmental Conservation as solid, liquid, municipal,
medical, industrial, toxic or hazardous waste.
Any facility or operation of a private individual or firm
pursuant to the laws of the State of New York governing the management
and disposal of solid waste, including, but not limited to, liquid,
solid, toxic, hazardous and medical waste, and including, but not
limited to, transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any facility or operation of a public entity pursuant to
the laws of the State of New York governing the management and disposal
of solid waste, including, but not limited to, liquid, solid, toxic,
hazardous and medical waste, and including, but not limited to, transfer
stations, solid waste landfills, incinerators, medical waste disposal
facilities, hazardous waste disposal facilities and radioactive waste
disposal facilities.
A use subject to Planning Board approval pursuant to § 274-b
of the New York State Town Law and permitted in a particular zoning
district only on showing that such use in a specified location will
comply with all conditions and standards for the location or operation
of such use as may be reasonably imposed according to the requirements
of this chapter.[8]
A structure or area used for the shelter, care and/or riding
of donkeys, horses or mules for hire, remuneration or sale.
An accessory structure or use of land where horses are kept
for the sole use of the residents of the principal structure and which
may include the breeding, raising, keeping, training and boarding
of horses, excluding the commercial hire of horses to the general
public for riding or other purposes, and excluding other commercial
uses.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley. "Public rights-of-way" shall be those open to the general
use of the public, not necessarily publicly dedicated.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Anything constructed that is not permanently affixed to the
ground but is designed to be moved from place to place.
Any change in the structural members of a building, such
as walls, columns, beams or girders; or any addition to any structure.
A commercial establishment for the teaching of dancing, singing,
painting, sculpting, photography, acting or other art forms.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development. For the purposes of regulation under the Town of Delaware Subdivision Law, see the definition in Chapter 186, Subdivision of Land, as amended.
Any permanent pool or open tank not located within a completely
enclosed building and containing or normally capable of containing
water to a depth at any point greater than 1 1/2 feet. Farm ponds
and/or lakes are not included, provided that swimming was not the
primary purpose for their construction.
A portable structure used for a period of one year or less
as an operational office for a construction site or in association
with an approved commercial use.
A building or room or outdoor facility for the presentation
of plays, films, other dramatic performances, or music.
Any building or premises or portion thereof used for washing
trucks with a gross vehicle weight exceeding 5,000 pounds.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permission granted by the Zoning Board of Appeals for an
adjustment to some regulation, which, if strictly adhered to, would
result in an unnecessary hardship.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, machinery, trailers, farm machinery
and implements, and other wheeled equipment, boats, and aircraft.
Any motor vehicle 25 years or older which has been restored
to good operating and roadworthy condition and which has a valid antique
vehicle registration as required by the motor vehicle laws of the
State of New York.
Any motor vehicle of limited manufactured production from
the present to 24 years old, in good operating and roadworthy condition,
and which has a valid vehicle registration as required by the motor
vehicle laws of the State of New York.
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
The use of any building, land area or other premises for
the display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; recreation vehicles
or farm or construction equipment, including any warranty repair work
and other repair service as an accessory use. No business or facility
which generates less than 50% of its gross sales from the actual sale
of new or used vehicles or equipment of the type herein described
(excluding parts and repairs) shall be considered a vehicle and equipment
sales operation.
An establishment engaged in the service and/or repair of
any motor vehicle as its principal use, including but not limited
to auto body shops, repair garages, truck repair garages and agriculture
equipment repair.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use, and no outdoor kennels or pens are on
the premises except for occasional exercising of animals.
Terminal facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field and used for the storage of goods and materials.
A public or private utility system designed to supply and
transmit drinking water from a common source to two or more dwelling
units or uses in compliance with New York State Department of Health
regulations.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot
and in compliance with New York State Department of Health regulations,
if such compliance is required.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
Craft-based light-manufacturing facilities where alcoholic
and nonalcoholic beverages are made and packaged for retail and/or
wholesale sales.
[Added 12-14-2016 by L.L.
No. 5-2016]
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any building.
Front yards shall be measured from the edge of the road right-of-way
and other yards from property lines.
|
NOTE: The definitions in this chapter are supplemented by those
contained in other Town laws. Where there is any conflict between
definitions or provisions contained in this chapter and other laws,
the definitions or provisions contained herein shall apply insofar
as they affect this chapter.
|
[4]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
[6]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
[7]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
