For purposes of interpretation, various terms used in this chapter
shall be construed as follows:
BED-AND-BREAKFAST DWELLING
An owner-occupied single-family residence used for providing
overnight accommodations and a morning meal to not more than l0 transient
lodgers and containing not more than five bedrooms for such lodgers.
[Added 10-2-2023 by L.L. No. 8-2023]
BUILDING OFFICIAL
The person or persons to whom the administration of the Village
of Camillus Zoning Law has been delegated. Administration shall include
the issuance of permits and the enforcement of violations but shall
exclude the Village Board of Trustees and Board of Zoning Appeals.
The duly appointed Code Enforcement Officer of the Village of Camillus
shall be the "Building Official" as defined herein.
[Amended 2-16-1999 by L.L. No. 2-1999; 8-11-2011 by L.L. No. 3-2011]
BUSINESS
A.
HOME OCCUPATION BUSINESSA commercial activity conducted within and accessory to a dwelling unit, operated in accordance with the regulations set forth in §
110-37 of this chapter.
B.
MANUFACTURING BUSINESSA commercial activity primarily engaged in the transformation of inorganic substances derived generally from agriculture, forestry, fishing, mining and quarrying into new products, including the assembly of component parts of manufactured products (excluding structures or fixed improvements to real estate), such as are normally associated with plants, factories and mills utilizing power-driven machinery and materials-handling equipment. Establishments primarily engaged in retailing products produced on the same premises as that on which they are sold, such as bakeries, candy stores, ice cream parlors, tailors, small crafts and similar recognized specialties, shall not be considered manufacturing but retailing.
C.
RETAIL BUSINESSA commercial activity characterized by the direct sale of goods and services to the ultimate consumer, customarily involving stock-in-trade such as are normally associated with department stores, food markets and similar establishments, but also including financial institutions, business and professional offices and services, eating establishments, places of amusement and recreation and similar facilities available to the general public.
D.
WHOLESALE BUSINESSA commercial activity characterized by the sale of merchandise to retail, manufacturing, institutional or other wholesale establishments in bulk and having on-premises storage and distribution facilities.
COMMERCIAL RESIDENCE
A rooming house, boardinghouse, tourist home, guesthouse,
hotel, motel, dormitory, chapter house or similar facility designed
for transient or permanent occupancy, private or public, but expressly
excluding a family or group residence as defined herein.
DAY CARE
An activity providing for the care and supervision of minors
as a daily program, such as nurseries, preschool programs and day-care
centers, but expressly excluding group residences and child care within
a family dwelling unit involving less than seven persons daily.
DRIVEWAY
Land used by vehicular traffic as access to and situated
on the property or lot; such land shall be a hard-surfaced area of
stone, gravel asphalt, brick pavers or concrete.
[Added 11-21-2016 by L.L.
No. 5-2016]
DWELLING UNIT (D/U)
An area within a structure having direct access from the
exterior thereof or through a common hall or entrance, generally containing
kitchen, bathroom, dining, sleeping and similar facilities incidental
and necessary to human habitation and intended and designed as a self-contained
living or housekeeping unit. Such area may consist of an entire house,
dwelling, apartment or be composed of a single room, group of rooms,
suite or similar structural component. Such area shall be designed
exclusively as a place of residence and/or domicile for occupancy
by not more than one family as defined herein.
D.
MOBILE DWELLING UNITA single-family residential dwelling contained within a structure designed for and/or adaptable to quick mobility, completely manufactured and assembled off site for transportation to a location providing facilities for connection to utilities and sanitary facilities with simple connecting devices, as distinguished from travel or camping trailers and prefabricated modular units used in residential construction. The combination of two or more structures of this type to create a single-family residential dwelling or provision for expansion on site of a single structure via telescoping devices shall not change the character of said dwelling as a mobile home, it being intended to provide for unique innovations in mobile home designs.
E.
TOWNHOUSE DWELLING UNITA structure designed for and containing one dwelling unit and no other principal uses, which structure is attached by common walls and/or a common roof to one or more single-family dwelling units. Each unit shall have its own front and rear access to the outside, and no unit shall be located over another unit, and each unit shall be separated from any other units by one or more fire-resistant walls. No building shall contain more than six such townhouse dwelling units. No accessory structure shall be permitted. It is anticipated that each "townhouse dwelling unit" will be owner-occupied and each such townhouse dwelling unit shall be contained within a lot as herein defined. Zero lot lines shall be allowed between attached townhouse dwelling units; otherwise the following area restrictions shall control:
[Added 7-3-1990 by L.L. No. 2-1990]
(1)
Minimum size parcel under development: 13,000 square feet in
area.
(2)
Minimum lot area per dwelling unit: 2,300 square feet.
(3)
There shall be no more than seven dwelling units per acre.
(4)
Minimum width of lot: 20 feet.
(5)
Minimum front yard depth: 30 feet.
(6)
Minimum rear yard depth: 35 feet or 15% of lot depth, whichever
is greater.
(7)
Maximum height of structure: 2 1/2 stories or 35 feet,
whichever is less.
(8)
Maximum lot coverage: 40%.
(9)
Minimum distance between townhouse dwelling units that are attached
to each other as part of the same building may be zero feet.
(10)
Minimum distance between separate buildings containing townhouse
dwelling units: 40 feet.
F.
MIXED-USE DWELLING UNITOne or more dwelling units contained within a structure having an office, manufacturing, retail or wholesale business as its principal use.
[Added 5-4-2004 by L.L. No. 1-2004]
EDUCATION
A.
HIGHER EDUCATIONA college, university, professional business or technical school or similar place of instruction, excluding secondary education.
B.
SECONDARY EDUCATIONAcademic instruction from the elementary through 12th grades, including private schools whose curriculum is substantially equivalent to that of public schools as required by the Education Law of the State of New York, but not including institutions of higher education. This term shall also include day-care facilities where accessory to the principal use.
FAMILY
This term shall refer collectively to any of the categories
hereinafter set forth. For purposes of interpretation, the numerical
restrictions contained in Subsections B and C of this definition shall
not be deemed to exclude persons 17 years of age or less who are related
to or otherwise under the custodial supervision of an occupant; however,
persons 18 years of age or more shall be included irrespective of
their relationship to other occupants within such categories. "Family"
shall include the following:
A.
One or more persons, all of whom are related to one another
by marriage, consanguinity or adoption.
B.
Not more than four unrelated persons.
C.
Five or more unrelated persons upon the issuance of an administrative permit pursuant to §
110-11A of this chapter.
D.
A boarding home for children, agency boardinghouse, group home, foster home or similar occupancy characterized by not more than 12 persons 17 years of age or less who are not related to the adult occupants of the dwelling unit. This category may include joint occupancy of a dwelling unit with the category of persons delineated in Subsection
A above.
FARM
The use of land for agricultural or horticultural purposes
or for the raising of domestic animals or food.
FUNERAL HOME
An establishment with facilities for the preparation of the
dead for burial or cremation, for the viewing of the body and for
the observances held for a dead person as an incident to burial or
cremation, but expressly excluding morgues, mortuaries and educational
facilities engaged in teaching mortuary science.
GROUP RESIDENCE
A place of residence and/or domicile by one or more persons,
wherein the residential quarters are considered an integral component
of a recognized program of rehabilitation, custodial supervision or
care, together with required supervisory personnel. This term shall
exclude occupancy described in Subsection D of the definition of "family."
HOSPITAL
A structure containing facilities for the treatment of illness,
disease and injury, providing inpatient and/or outpatient accommodations
and including what are commonly termed "clinics," "diagnostic centers,"
"neighborhood health centers" and similar uses, but expressly excluding
a group residence except where such facilities are accessory only.
INDOOR SELF-STORAGE FACILITY
A land use for the indoor storage of tangible goods and personal
property intended to be made available to the public for a fee; commonly
called "self-storage units," all located on a lot not less than one
acre.
[Added 11-21-2016 by L.L.
No. 6-2016]
JUNKYARD
An activity characterized by the storage, sale or dismantling
of discarded machinery, equipment, paper, rags, scrap and similar
materials, which activity is the principal activity as opposed to
an incidental use of another type of business as defined herein. For
purposes of interpretation, this term shall specifically include automobile
graveyards and scrap metal processing plants.
LAND DISTURBANCE
Any grading, excavation or fill activity resulting in the
extraction, placement, replacement, removal or displacement of 10,000
or more square feet of topsoil, vegetation or other surface material
or 1,000 or more cubic yards of subsurface materials. The square footage
shall be computed by measuring the area contained within a line drawn
around the perimeter of the land area affected. Where more than one
lot, site or area is to be affected as part of a single development
plan or scheme, then all such areas shall be included in the computation
of square feet or cubic yards. Cemetery plot excavations are excluded.
LOT
An area contained within lot lines shown on a properly recorded
subdivision map or similar document approved pursuant to this chapter
or any previous zoning or subdivision law of the Village of Camillus
or described in a deed recorded prior to the adoption of this chapter
or approved as a lot by any other applicable regulation. Areas shown
on maps or described in deeds which are contiguous shall be considered
separate "lots" unless otherwise indicated or intended as one "lot"
in said instrument.
LOT ALTERATION
Any change in the dimension or orientation of a lot line
not resulting in or constituting subdivision or resubdivision as defined
herein.
LOT AREA
A lot expressed in square units of measure derived by viewing
the lot as a level surface.
LOT COVERAGE
Lot area occupied by principal and accessory structures,
but expressly excluding secondary structures.
LOT LINE
A boundary defining ownership of land as derived from maps,
deeds or similar title documents. Boundaries defining less than a
fee interest, including leasehold interests and common areas, shall
be submitted to the Board of Appeals for a determination as to whether
such boundaries constitute a lot line for purposes of allowing land
use activities. Lot lines shall also be classified as rear, front
and side lot lines as hereinafter defined. Where the application of
such classifications cannot be made with certainty as determined by
the Building Official, the Board of Appeals shall render a determination
establishing an appropriate classification for purposes of allowing
land use activities.
A.
FRONT LOT LINEA lot line coincidental with the line of a street, sidewalk or other public right-of-way, except that, where such line is described as being within the boundaries of a public right-of-way, the public right-of-way shall be construed to be the "front lot line." Where two public rights-of-way intersect, a lot line coincidental with the boundary line of either may be selected as the "front lot line" for development purposes.
B.
REAR LOT LINEA lot line generally parallel to or directly opposite a front lot line.
LOT WIDTH
The linear dimension of a straight line situated between
side lot lines and measured at a distance from the front lot line
equal to the front yard depth.
MOTOR VEHICLE
Any vehicle or motor vehicle as defined in Article 1 of the
Vehicle and Traffic Law of the State of New York, as amended from
time to time, to also include campers, motor homes, recreational vehicles,
snowmobiles, boats, similar recreational-oriented vehicles or trailers
of any description.
[Added 3-27-2003 by L.L. No. 2-2003; amended 10-2-2023 by L.L. No. 6-2023]
NONCONFORMING ELEMENT
A use, accessory use, structure, secondary structure, accessory
structure, lot, yard or any other activity or component relating to
the use of land and the improvement thereon which does not comply
with the applicable district or general or special regulations contained
in this chapter but which did comply at its inception.
NONPROFIT CENTER
A land use activity under the direct supervision and control
of a nonprofit organization with a defined membership, whether or
not open to the general public, which provides facilities for varying
types of active and passive recreation, together with related social
activities, such as community centers, fraternal organizations, athletic
clubs, tennis clubs, country clubs and neighborhood centers providing
education, training and counseling.
OPEN SPACES, PUBLIC
A land use officially designated as a place of public recreation
or open space, including parks, playgrounds, squares, plazas, tot-lots
and similar uses.
PARKING COVENANT
An agreement whereby provision for the location of off-street
parking facilities is made available where the land use activity for
which such facilities are provided is not under the same legal control
as the locational facilities. Such agreement must provide that the
Village of Camillus is a beneficial party in interest. The form and
substance of the agreement must be approved by the legal representatives
of the Village and be recorded in the Onondaga County Clerk's office
as a covenant running with the land and appropriately indexed. Such
agreement may not be subordinated to any other interest in the subject
property which could terminate the use of such facilities as provided
for in the covenant.
PERMITS, SPECIAL
Special authorization for a land use activity which may be granted by the Village Board of Trustees in accordance with Article
III of this chapter.
[Amended 1-16-2011 by L.L. No. 1-2011]
PUBLIC ASSEMBLY
A place designed to accommodate the general public for special
events, commercial and otherwise, such as auditoriums, theaters, stadiums,
amphitheaters and halls, but excluding those places incidental to
a use involving restricted membership or association, such as a religious
use, nonprofit center or place of higher or secondary education.
PUBLIC RIGHT-OF-WAY
The established boundary lines of a street, sidewalk, alley
or similar thoroughfare defining the corridors for vehicular and pedestrian
traffic used by the general public.
RELIGIOUS USE
A place of worship, such as a church, temple, synagogue or
similar structure, together with such other structures and uses as
are normally incidental thereto, but expressly excluding centralized
or cooperative office facilities for religious organizations.
RESUBDIVISION
Alteration of the size, shape or orientation of lots, lot
lines, rights-of-way or other elements which are contained within
subdivision maps or affect elements resulting from a previous subdivision
process.
SCREENING DEVICE
A permanent barrier, any portion of which is situated above
grade and which is composed of any material except natural vegetation,
including what are commonly termed "walls," "fences," "screens" and
all similar structures or improvements, but specifically excluding
the exterior walls or projections thereof, whether detached or attached,
of principal or accessory structures contained within required front,
side and rear setback lines.
SIGN
An emblematic design, including those which are composed
of light rays only, calculated to attract public attention to a product,
service or undertaking encompassing activities both on and off the
property where such designs are situated, including what are commonly
termed "billboards" and "posters," symbols and similar devices of
whatever composition, size, location or color.
STORY
That portion of a building which is between one floor level
and the next higher floor level or the roof. If a mezzanine floor
area exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a "story." A basement shall be deemed to be a "story"
when its ceiling is six or more feet above the finished grade. A cellar
shall not be deemed to be a "story." An attic shall not be deemed
to be a "story" if unfinished and without human occupancy.
STREET DEVELOPMENT
The improvement of a parcel of land, whether or not constituting
or incidental to a lot alteration, subdivision or resubdivision, resulting
in the development of a vehicular right-of-way open to the general
public or providing for common ingress and/or egress to two or more
principal structures.
STRUCTURE
A.
ACCESSORY STRUCTUREAn enclosure generally designed to accommodate an accessory use but detached from the principal structure, such as a garage for vehicles accessory to the principal use, a freestanding storage shed or similar facility. An "accessory structure" attached to or contained within a principal structure shall be considered part of the principal structure.
B.
PRINCIPAL STRUCTUREAn enclosure designed primarily to accommodate a principal use, such as a dwelling house, apartment building, office building or factory. A facility designed to provide covered storage of vehicles and which is attached to or contained within a principal structure, such as a garage or carport, shall be considered part of the principal structure.
C.
SECONDARY STRUCTUREA structure generally associated with the use of property, other than a principal or accessory structure, including but not limited to a fence, radio tower or television antenna, flagpole, fireplace, signs and outdoor recreational facilities such as a tennis court, swimming pool or basketball court.
STRUCTURE, HEIGHT OF
The vertical distance measured from curb or grade level to
the highest level of a flat or mansard roof or to the average height
of a pitched, gabled, hip or gambrel roof, excluding bulkheads, penthouses
and similar constructions enclosing equipment or stairs, provided
that they are less than 12 feet in height and do not occupy more than
30% of the area of the roof upon which they are located. In the case
of structures not containing a roof, such as secondary structures,
height shall be the distance between the lowest exposed portion of
the structure situated above grade and the highest elevation of such
structure.
SUBDIVISION
Refers collectively to the act of dividing a parcel of land
into two or more lots or to a map filed in the County Clerk's office
of the County of Onondaga as a subdivision map or to a map approved
as a subdivision but not filed.
TRANSITIONAL PARKING FACILITY
A facility designed exclusively for the storage of automobiles,
which is accessory to one or more principal uses not situated on the
same lot, which facility is not otherwise permitted by this chapter,
and which does not constitute a commercial parking lot or garage.
USE
A.
ACCESSORY USEAn activity which is incidental, subordinate to and which may not be carried on independently of a principal use, such as a home occupation business, accessory off-street parking facilities and small-scale manufacturing, repair or similar services incidental to retail business.
B.
PRINCIPAL USEAn activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or principal structures thereon are intended and designed.
UTILITY IMPROVEMENT
Accessory and secondary structures used in conjunction with
utility services, such as power substations, transmission towers and
pumping stations, but expressly excluding business, storage or service
uses associated therewith unless on the same premises and incidental
thereto and also excluding subsurface installations such as pipelines
and similar transmission facilities.
VEHICULAR ACTIVITY
The on-premises repair, maintenance, improvement and general
servicing of self-propelled vehicles or the sale or leasing of such
vehicles; public-transit service center; commercial parking facilities;
or general vehicular-oriented consumer activities. A "vehicular activity"
shall include gas stations, car washes, body and fender shops, automotive
specialists, automobile dealers, parking garages or lots open to the
general public, bus or train depots, taxi dispatching centers involving
taxi storage areas, and drive-in-type services associated with restaurants,
banks, auto adjustment and related businesses having a drive-in window
and/or permitting on-premises consumption within vehicles, and a drive-in
theater.
YARD
A.
FRONT YARDLot area bounded by front and side lot lines and a line parallel to the front lot line and situated therefrom a distance equivalent to the applicable front yard setback.
B.
SIDE YARDLot area situated between a front and rear yard area, a side line and a line parallel to said side line and situated a distance therefrom equivalent to the applicable side yard setback.
C.
REAR YARDLot area bounded by rear and side lot lines and a line parallel to the rear line and situated a distance therefrom equivalent to the applicable rear yard setback.