A.
The following rules of construction of language shall apply to the
text of this chapter:
(1)
Words used in the present tense include the future tense.
(2)
Words used in the singular include the plural, and words used in
the plural include the singular.
(3)
Words used in the masculine form shall also include the feminine.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "person" includes an individual, partnership or corporation.
(6)
The word "shall" is mandatory; the word "may" is permissive.
(7)
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(8)
A "building" or "structure" includes any part thereof.
(9)
The phrases "to erect," "to construct," and "to build" each have
the same meaning and include to excavate for a building and to relocate
a building by moving it from one location to another.
B.
If any section, paragraph, subdivision or provision of this chapter
shall be held invalid, such invalidity shall apply only to the section,
paragraph, subdivision or provision adjudicated invalid, and the remainder
of this chapter shall remain valid and in full effect.
C.
This chapter shall be interpreted in such a way wherever possible
so that the meanings of the words, phrases and sections herein shall
make them valid and legal in their effect.
D.
Whenever the requirements of this chapter are at variance with the
requirements of other lawfully adopted laws, rules, regulations or
ordinances of the Town, the one of these with the most restrictive
provisions or those imposing the higher standards shall govern.
The following words or phrases as used in this chapter are defined
as follows:
A second dwelling unit either in or added to a one-unit dwelling,
or in a separate accessory structure on the same lot as the principal
structure, for use as a complete, independent living facility with
provision within the accessory dwelling unit for cooking, eating,
sanitation, and sleeping. Such a dwelling shall be clearly accessory
and incidental to the principal dwelling.
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless servers, busing
or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear exotic or erotic pasties or
G-strings or both; adult arcades, adult bookstores or adult video
stores; adult cabarets; adult motels; adult motion-picture theaters;
adult theaters; escort agencies; nude model studios; and sexual encounter
centers. Adult use and entertainment establishments customarily exclude
minors by reason of age and are those businesses defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, computer programs, videotapes or compact disks, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, other periodicals, and any other similar paraphernalia, or other devices and paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical areas or an establishment that causes the exclusion of minors by reason of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food, nonalcoholic beverages and/or alcoholic beverages, which features topless dancers, entertainers, or male or female impersonators, who remove most or all of their clothing to reveal gender-related portions of the anatomy, or similar entertainers.
ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical areas for observation by patrons therein.
An agricultural use, general, that involves over 300 mammals and/or 1,000 fowl or is a concentrated animal feeding operation (CAFO) as defined by the New York State Environmental Conservation Law. (Refer to § 525-33, Special requirements for restrictions.)
[Added 9-11-2018 by L.L.
No. 2-2018 (Res. No. 153-2018)]
Any use that involves horses, donkeys, mules, llamas, alpacas, or any similar animals for any related business purpose and/or for compensation, and/or incidental to the operation of any club, association or similar establishment. (Refer to § 525-33, Special requirements for restrictions.)
[Added 9-11-2018 by L.L.
No. 2-2018 (Res. No. 153-2018)]
The production, keeping or maintenance of plants and animals, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, llamas, alpacas, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees, forest products and forestry uses; and fruits of all kinds, including grapes, nuts, berries and vegetables, unless regulated by other sections of this chapter. Agricultural uses shall not include vegetable or flower gardens where the produce is for personal use and the products are not for sale. (Refer to § 525-33, Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
Any milk processing plant; feed storage supply facility; farm machinery or equipment sales and service facility; storage and processing facility for fruits, vegetables and other agricultural products; or similar use directly and customarily related to the supply and service of an agricultural use. Agricultural use, industrial, does not include on-farm production, preparation or marketing of crops, livestock and livestock products incidental to a general agricultural use or commercial agricultural use. (Refer to § 525-33, Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
Any agricultural use, general, with a maximum combined total of not more than five livestock animals, except for horses as set forth in § 525-33{A)(3), and not more than 25 fowl, and if the use includes the sale of agricultural products, plants and animals as defined in "agricultural use, general," those agricultural products for sale must be produced on the lot and such agricultural products shall only be sold from a single on-site temporary roadside stand or off-site market. Except for the sale of animals as defined in "agricultural, commercial stable," as such use or related sale shall follow requirements for agricultural, commercial stable. (Refer to § 525-33 Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
Any lot or other facility designed to be used and/or operated
either publicly or privately by any person for the landing and taking
off of aircraft, including all necessary taxiways, aircraft storage
and tie-down areas, hangars and other necessary buildings.
Any change, rearrangement, addition or enlargement to a building,
other than repairs, and any modification in construction.
Any existing trailer or mobile home park, previously approved
under the provisions of an applicable local law or ordinance.
A continuous commercial use in which six or more mechanical,
electrical or electronic machines or devices are used or designed
to be operated for entertainment or as a game and are either activated
by the insertion of a coin, token, etc., or for their operation or
use of which a charge is made.[1]
Any premises used for the sale or trading of articles of
which 80% or more are over 50 years old or have collectible value.
The owner of a parcel on which a development is proposed,
and the developer of such parcel.
An area consisting of saturated, permeable geologic material
capable of yielding water to wells and springs.
That space of a building which is between the top of the
uppermost floor construction and the underside of the roof. (See "story.")
Any space of a building which is partly below finished grade
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. (See also "cellar.")
A building containing a single operator-occupied dwelling
unit in which at least one, but not more than four, sleeping rooms
are provided by the owner for compensation, for the accommodation
of transient guests, with no more than one meal served daily, and
the entire service is to be included in one stated price.
See "sign, off-premises."
A building, other than a hotel, containing a general kitchen
and a general dining room, in which at least three, but no more than
six, sleeping rooms are offered for rent, with or without meals, to
nontransient guests. A "lodging house" or "rooming house" shall be
deemed a boardinghouse.
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a continuous physical screen preventing visual access and
reducing noise.
Any structure which is wholly or partially enclosed within
exterior walls, is permanently affixed to the land, has one or more
floors and a roof, and is intended for the shelter, housing or enclosure
of persons, animals or property.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
including open or enclosed porches, attached carport or garage but
exclusive of terraces and uncovered steps. Such horizontal area of
each building is the area within and circumscribed by the exterior
faces of the outer walls and/or architectural elements of the building.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
The vertical distance measured from the average finished
grade to the highest point and to the mean height between the eaves
and ridge for a pitched, gable, hip, gambrel and mansard roof.
The line established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, as specifically provided in Article V, § 525-24, of this chapter. In the instance of a cantilevered section of a building or projected roof or porch, the building line shall be measured from the most projected surface.
A detached building subordinate to a principal building,
used for purposes customarily incidental to use of the principal building.
A building in which is conducted the main, primary or principal
use of the lot on which said building is situated.
A term to describe the size, volume, area and shape of structures,
and the physical relationship of their exterior walls or their location
to lot lines, other buildings and structures, or other walls of the
same building, and of all open spaces required in connection with
a structure or lot.
Materials stored in large quantities which are dispensed
in smaller units for use or consumption as regulated by the New York
State Department of Environmental Conservation.
That part of a structure or tract of land which does not
conform to one or more of the applicable density control and bulk
regulations of this chapter, either following its effective date or
as a result of a subsequent amendment thereto.
A property used for the parking of occupied travel trailers
and/or tents or other shelters as temporary residences.
A building, premises or portions thereof where vehicles are
washed either by the patron or others using machinery and mechanical
devices specifically designed for this purpose.
That nonhabitable space of a building that is partly or entirely
below average finished grade, which has more than half its height,
measured from the floor to the ceiling, below the average established
curb level or finished grade of the ground adjoining the building.
(See also "basement.")
A building or premises primarily used for regular public
worship by members or representatives of a religious sect, group,
or organization as defined by state statute, and including any accessory
uses.
A certified, not-for-profit organization catering exclusively
to members and their guests, or premises and buildings for recreational,
educational, or athletic purposes which are conducted for or primarily
by members and their guests, for which a membership or similar fee
is paid.
Any vehicle with a net vehicle weight of five tons or more
and/or more than three axles, or a trailer longer than 24 feet zero
inches, used for the transportation of persons or goods primarily
for gain. This definition shall include the "tractor" portion of a
tractor-trailer rig.
A building, or group of buildings, in which residential,
commercial or industrial units are owned individually while the structure,
common areas and facilities are owned jointly by all the owners on
a proportional basis.
Includes but not be limited to the following: Code Enforcement
Officer, Town Highway Superintendent, Fire Departments, Chemung County
Sewer District No. 1, Chemung County Department of Public Works, other
local and county officials, designated private consultants, and representatives
from federal and state agencies, including, but not limited to, the
Soil Conservation Service, the Department of Transportation, and the
Department of Environmental Conservation.
Any lot used for the storage or keeping of construction equipment,
machinery, or vehicles, or parts thereof, whether inside or outside
a building.
A building used for accommodation and care of persons receiving
nonskilled, long-term care, meeting the New York State Department
of Social Services (NYSDSS) definition of a "proprietary" facility.
(See also "nursing home.")
A commercial retail use that combines two principal uses
on a single parcel: the sale of motor vehicle fuel and accessory substances,
as well as the sale of groceries.
That lot area or percentage of lot area covered by buildings,
including accessory structures and all other impervious surfaces.
Any business establishment that produces on the premises
articles for sale of artistic quality or effect or handmade workmanship.
Examples include candle making, glass blowing, weaving, pottery making,
woodworking, sculpting, painting and other associated activities.
A location containing properly installed and certified apparatus
intended for use in the act of cremation.
A place which provides day care of children or adults as
defined and regulated by NYSDSS regulations. The name, description,
or form of the entity which operates a day-care center shall not affect
its status as a day-care center. The term "day-care center" shall
not refer to care provided in:
A program caring for children for more than three hours per
day per child, in which child day care is provided in a family home
for three to six children.
A program caring for children for more than three hours per
day per child, in which child day care is provided in a family home
for seven to 12 children of all ages, except for those programs operating
as a family day-care home, which care for seven or eight children.
A group family day-care program may provide child day-care services
to four additional children if such additional children are of school
age and such children receive services only before or after the period
such children are ordinarily in school or during school lunch periods,
or school holidays, or during those periods of the year in which school
is not in session.
A flat roofless platform structure attached to a principal
structure. For purposes of the setback requirements of this chapter,
a deck is considered part of the structure to which it abuts and/or
is attached.
Any entity or person undertaking a proposed development.
Any man-made changes to improved or unimproved real estate,
including, but not limited to, the construction or reconstruction
of buildings, construction of tanks or other storage facilities, pumps,
pumping stations, waste treatment or disposal facilities or commercial
excavation, dredging, filling, mining, or grading.
A use where goods are received and/or stored for delivery
to the ultimate customer at remote locations.
That mapped portion of the Town within which specific uses are permitted according to the designation applied thereto in Article III and in conformity with the provisions of this chapter.
Any commercial or business activity which incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
An improved way providing ingress and egress to a lot from
a public road.
See "solid waste disposal facility."
One or more rooms connected together, consisting of a separate,
independent housekeeping establishment for owner occupancy, rental
or lease, and containing independent cooking, living, sanitary and
sleeping facilities. This shall include mobile homes and factory-manufactured
units, provided that they meet the standards of this chapter and the
Uniform Fire Prevention and Building Code, as may be hereafter amended.
It shall not include motel, hotel, boardinghouse and lodging establishments.
A dwelling unit that has two side yards.
A dwelling that is constructed principally below the finished
average grade elevation of the lot on which it is located and with
at least one wall open for a height of at least six feet and/or which
provides for special light, ventilation and egress designs.
A building containing three or more dwelling units with shared
or individual entrances and shared or individual other essential facilities
and services.
A building containing one dwelling unit.
A building containing two dwelling units.
The use of land or structures for private gatherings and
events not open to the general public, such as, but not limited to,
weddings, parties, and other similar events, where compensation is
paid to the property owner for said use.
[Added 9-8-2020 by L.L. No. 2-2020 (Res. No. 134-2020)]
Extraction of an amount greater than 1,000 tons or 750 cubic
yards of earth material during a period of 12 successive months [the
threshold above which a permit is required pursuant to the New York
State Mined Land Reclamation Law (Environmental Conservation Law Article
23, Title 27) as of June 27, 2005], for commercial purposes such as
gravel pits, rock quarrying, stripping of topsoil, subsoil removal,
and/or removal of such materials for sale, other than what may be
required for the erection of buildings.
Extraction of an amount equal to or less than 1,000 tons
or 750 cubic yards of earth material during a period of 12 successive
months [the threshold above which a permit is required pursuant to
the New York State Mined Land Reclamation Law (Environmental Conservation
Law Article 23, Title 27) as of June 27, 2005], for commercial purposes
such as gravel pits, rock quarrying, stripping of topsoil, subsoil
removal, and/or removal of such materials for sale, other than what
may be required for the erection of buildings.
A dwelling unit constructed off site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation, to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the Division of
Housing and Community Renewal of the State of New York.
A household consisting of a single housekeeping unit occupied
by one or more persons (see New York State Uniform Fire Prevention
and Building Code).
An artificially constructed, freestanding structure or barrier
of wood, masonry, stone, wire, metal, or any other manufactured material
or combination of materials.
A building or other structure or a tract of land with pumps
and storage tanks used primarily for the storage and sale of gasoline
or other motor fuels and for other uses accessory thereto. The sale
of lubricants, accessories, or supplies and the repair of motor vehicles
(which does not require mechanical equipment) are permitted accessory
uses.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade in computing height of buildings and other structures or for
other purposes shall be the average elevation of all finished grade
elevations around the periphery of the building.
A building or open area in which stalls or sales areas are
set aside and rented or otherwise provided for at least five days
per month, and which are intended for use by various unrelated individuals
to sell articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique, and may include the selling of new or used
goods at retail by businesses or individuals who are generally engaged
in retail trade. Rummage sales and garage sales are not considered
to be flea markets.
[Amended 8-9-2016 by
ordinance (Res. No. 153-2016)]
The aggregate sum of the gross horizontal area of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating the buildings.
The floor area of a building or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing structural headroom of seven feet six inches or more for
at least 50% of the area.
Interior balconies and mezzanines.
Enclosed porches.
Attached garages.
However, the floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purposes of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks, and cooling
towers.
Floor space used for mechanical equipment, with structural headroom
of less than seven feet six inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet six inches for
50% of the area.
Uncovered steps and/or exterior fire escapes.
Terraces, breezeways, open porches, and outside balconies and
open spaces.
See "gross floor area."
The perimeter of a structure at ground level as depicted
at a specified scale on a drawing.
The area used for the temporary storage of large quantities
of fuel for transfer to trucks, train cars or other forms of transportation.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation; funeral homes do not include crematories.
A carport or enclosed structure, whether accessory or attached
to the principal structure, for use by the inhabitants of the structure
for the storage of vehicles, boats, and/or other personal property.
A square-foot number representing the entire area of a building,
including all stories, common areas, storage, mechanical areas, and
space occupied by interior structures and partitions, excluding basement
area.
The maximum operating weight of a vehicle as specified by
the manufacturer and typically posted on a vehicle's left door or
doorframe. Neither the actual vehicle weight nor the registration
weight shall be used to determine GVWR.
Produce resulting from the tillage of the soil of the premises
or produced naturally from trees or vines growing in or on the soil
of the premises, or grown for a majority of the life of the produce
in a greenhouse on the premises.
Any lot or other facility designed to be used and/or operated
either publicly or privately by any person for the landing and taking
off of helicopters, including all necessary taxiways, aircraft storage
and tie-down areas, hangars and other necessary buildings.
A business conducted as an accessory use, which is customarily
incidental to, or secondary to, the residential use of a dwelling
unit and does not change the character thereof. A home occupation
shall be carried on wholly within the enclosed walls of a dwelling
unit by the business proprietor of such use, who shall be an occupant
of such dwelling unit, and other occupants of such dwelling unit or
any accessory dwelling unit.
An institution for the full-time care and treatment of the
sick and injured, equipped with the technical facilities, medical,
nursing and other professional and technical personnel necessary for
diagnosis and treatment of persons suffering from sickness or injury
which requires bed care. Source: § 206-a, Public Health
Law.
A building and/or buildings, or any part thereof, which contains
living and sleeping accommodations for transient occupancy, has a
common exterior entrance or entrances, and which may or may not include
dining and/or meeting facilities. This term shall not be deemed to
include a bed-and-breakfast or a boardinghouse.
A transportable, factory-built structure designed to be used
as a year-round dwelling unit and built prior to the enactment of
the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
Private driveways, county sewer, Town and domestic water
supply, stormwater management system and its components, traffic control
devices, roadway improvements and other such facilities as proposed
on a site plan, inasmuch as the responsibility for maintenance is
that of a public entity.
For purposes of the definitions of "accessory use" and "accessory
structure," a structure or use which commonly accompanies or is associated
with the type of principal land use that is located on the same property.
For purposes of this code, the term "incidental" means that the accessory
use or accessory structure is minor or subordinate to the principal
land use.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
Any small-scale business conducted as an accessory use, which
is customarily incidental to or secondary to the residential use of
the dwelling unit and does not change the character thereof, conducted
either in the dwelling unit or the accessory building(s), by the business
proprietor of such use, who shall be an occupant of the dwelling,
other occupants, and up to a maximum of three employees.
A building containing a one-unit dwelling in which at least
five but not more than 12 sleeping rooms are provided by the owner
for compensation, for the accommodation of transient guests, with
no more than one meal served daily, and the entire service included
for a stated price.
Any premises maintained for animals wherein any person engages
in the business of boarding, breeding, buying, letting for hire, training
for a fee or selling dogs, cats, ferrets and similar mammals.
Any place operated on a regular basis for the purpose of
providing state-certified instruction for children at least five years
of age by December 1 of the entry year and no older than six years
of age by the same date. The term "school" includes kindergarten.
A live deciduous tree that is a minimum of 12 inches in diameter
at breast height (dbh).
A lot that contains a dwelling unit and one or more business
or commercial uses in a single building.
A measured unit of contiguous land, whether improved or unimproved,
having fixed boundaries and designated on a plat or survey devoted
to a specific use or occupied by a building or a group of buildings
united by a common interest, use or ownership, which abuts and is
accessible from a private or public road and is not divided by a watercourse,
existing road, or public right-of-way.
The total area within the lot boundary lines, excluding any
area included in a right-of-way and any area within 25 feet of the
center line of a private road.
See "coverage."
The line bounding a lot defined herein.
A lot line which is coincident with the right-of-way line
of a public road or which is measured 25 feet from the center line
of a private road.
A lot line which is coincident with the line bounding the
rear yard of a lot.
The width of a lot measured along the minimum front yard
setback.
A lot situated at the junction of and adjacent to two or
more intersecting roads when the interior angle or intersection does
not exceed 135°.
The mean distance from the front lot line to the rear lot
line.
A lot which faces on two roads at opposite ends of the lot
and which is not a corner lot.
A building or building group containing a combination of
three or more separate business and/or industrial uses.
The mechanical or chemical transformation of materials or
substances into new products, including assembly of component parts,
the manufacturing of products, and the blending of materials.
A place where medical or dental care is furnished to persons
on an outpatient basis by two or more physicians who have common offices
in a building which may also offer laboratory, medical procedures,
and testing facilities to patients on an outpatient basis and not
just in conjunction with normal clinic services.
A dwelling unit bearing a seal issued by the Federal Department
of Housing and Urban Development that is manufactured as a relocatable
living unit, which is designed to be transported on a single permanent
chassis and to be installed on a site with or without a permanent
foundation when connected to utilities. This does not include Department
of Motor Vehicle registered recreation vehicles, travel trailers or
dwelling units that are prebuilt in one or more parts and transported
to and assembled on a permanent foundation.
A notice issued by the Code Enforcement Officer upon completion
of construction, alteration or change in occupancy or use of a building
and/or land. The notice shall acknowledge completion of all requirements
of this chapter, any conditions of approval attached to such use by
the authorized Board, and any adjustments thereto granted by the Zoning
Board of Appeals. The notice is a permit to occupy and use the structure
and/or lot in accordance with the approval.
A building or structure and lands for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or other similar vegetation,
together with garden accessories, which are sold at retail from such
building or lot to the general public.
A skilled nursing care facility as defined by the New York
State Department of Social Services regulations, as may be amended
from time to time.
A nonretail office or agency providing service to the general
public or other offices and agencies, such as insurance brokers, real
estate and/or travel agents, computer programming, consulting organizations,
etc.
An office principally occupied by a professional licensed
by the State of New York, such as a lawyer, engineer, architect, accountant,
physician, dentist, or similar occupation.
See "lot."
A contiguous parcel of land owned by a person on which two
or more mobile homes of less than 1,200 square feet and/or having
an overall exterior dimension of less than 20 feet, or two or more
one-unit dwellings of less than 1,200 square feet and/or having an
overall exterior dimension of less than 20 feet, are located.
Any tract of land, the principal use of which is the storage
of motor vehicles not as accessory to any other use on the same or
any other lot and which may contain parking space rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
An off-road space available for parking one vehicle, not
including the maneuvering area and access drives thereto.
A nonretail business principal use providing services related
to an individual's care and upkeep needs, and/or the care and upkeep
of personal attire, such as a barber, beautician, tailor, tattoo,
body piercing, massage, tanning salon or pedicure/manicure services.
See "mall."
A lot, including any uses thereon.
The occupation, business, or activity of preparing and issuing
books, journals, and other material for sale.
A wastewater collection and/or treatment facility owned and
operated by a public agency or private organization.
Any business establishment, however designated, whose primary
use is an outdoor recreational activity, such as miniature golf, golf,
baseball, swimming, and/or any similar sport activity.
An industrial use that primarily involves research, testing,
and/or product development rather than the production or manufacture
of a product.
A subdivision approved in accordance with the provisions of Article VI of this chapter, where the Planning Board may modify the applicable bulk provisions of this chapter without changing the overall density on the parcel.
Any business establishment where food and/or beverages are
sold in a form ready for consumption and where, by design or packaging
techniques, a significant portion of the consumption may take place
outside the confines of the building.
Any business establishment, however designated, whose primary
use is preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises.
A business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public which may
include some fabrication on premises of merchandise/materials that
are sold on the premises.
A retail use that, by the nature and/or size of the activity,
merchandise or stock sold, is not anticipated to generate significant
vehicular and/or pedestrian traffic at any given time.
The property under public control, ownership, easement, by
deed or use by law normally used for movement of vehicles and/or persons,
including, but not restricted to, any paved area.
An existing public or private way which affords principal
means of access to abutting properties and is suitably improved; or
a proposed way shown on the Official Map and recorded in the office
of the County Clerk.
A road designed primarily to provide access to abutting properties.
Those roads which are parallel to and adjacent to primary
roads and highways and which provide access to abutting properties
and protection from through traffic.
A road which serves or is designed to serve heavy flows of
traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that services or is designed to serve no more than
two principal uses and is built to Town specifications, that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the Town.
A road that serves three or more principal uses, that is
built to Town specifications and is dedicated to the Town for maintenance.
A public road which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a primary road.
A use, with or without a structure, that is accessory to
a principal use, not for year-round use and at which agricultural
produce grown on the premises is offered for sale to the general public.
An area of land, with or without buildings, used for or occupied
by the storage, the keeping, or the salvage of junk material, including
processing, such as sorting, baling, packing, disassembly, exchange
and/or purchase and sale of materials, and including scrap metals
or other scrap, used or salvaged building materials, or the dismantling
or demolition of automobiles or other vehicles, household appliances,
machinery or parts thereof, with the exception of agricultural machinery.
An elementary or secondary school facility as established
by a person other than public school authorities, giving instruction
in the 10 common branches of arithmetic, reading, spelling, writing,
the English language, geography, history, civics, hygiene and physical
training, registered and/or certified under the regulations of the
Commissioner of the New York State Department of Education or chartered
by the Board of Regents of the University of the State of New York.
An accessory use that involves the sale of seasonal products
appropriate to the season for a period of time not to exceed six weeks
in any six consecutive calendar months.
A travel trailer, camping vehicle, fifth-wheel trailer, slide-in
camper, or any other manufactured unit commonly known as a "recreational
vehicle," other than a motor home, that is an accessory use on private
property and is maintained in a roadworthy condition and is occupied
not less than once in each calendar year.
The required distance in feet from:
Any letter, number, mark, symbol, figure, picture, exemplary
devices and/or banner positioned in near spatial relationship as a
collection and/or aggregation thereof, expressing an idea, instruction,
product, commodity, business, service and/or other entertainment,
and which includes any surface area or portion of a structure in immediate
proximity to and to which such symbol is attached, or such structure
designed or intended to be in immediate proximity to and to have such
symbol attached thereto.
The area within the fewest and shortest straight lines that
can be drawn around the outside perimeter of a sign, including all
decorations and lights, but excluding the supports if they are not
used for advertising purposes. A single face of a sign shall be counted
as part of the sign area, except that any neon tube, string of lights,
or similar device shall be deemed to have minimum dimensions of one
foot within a sign.
A sign, other than the principal business sign, which relates
to the business or profession conducted or to a good or service sold
or offered for sale on the premises.
A sign that directs attention to a business, good, service
or entertainment conducted, sold, or offered elsewhere than on the
premises, and only incidentally on the premises, if at all.
A sign that directs travelers to essential services, such
as gas, food and lodging.
A sign that incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent materials or electricity or radioactivated or gaseous
material or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign that:
Is designed to give forth any artificial light or designed to
reflect such light deriving from any source which is intended to cause
such light or reflection; and
Has any illumination elements that function to attract attention
as a sign expressing an idea, instruction, product, commodity, business,
service and/or entertainment.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A sign or structure which directs attention to an idea, product,
business activity, service, or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which such sign is situated.
(See also "billboard.")
Any sign that is not permanently affixed to the ground or
another structure and is capable of being easily transported or moved
by the property or business owner.
The primary sign or signs which include the business name
and direct attention to a business or profession conducted on the
premises.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
Possession of a lot under control, whether by sole, joint,
common or other ownership or by a lease having a term of not less
than 10 years, regardless of any division of such land into parcels,
at the time of submittal of a site plan application.
Maps and supporting information required pursuant to Article VIII for uses specified in the Use Regulation Table.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy and that contributes to a structure's
energy supply, and components for containing and supporting such device.
A solar collector, as defined herein, physically detached
from the structure for which solar energy is to be supplied.
A complete design or assembly consisting of a solar energy
collector (herein called a "solar collector"), an energy storage facility
(where used) and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system). Passive solar energy systems which fulfill any other
functions are not included in this definition.
A device for which the sole purpose is to increase the solar
radiation received by the solar collector.
Any facility as defined and regulated in 6 NYCRR Part 360
and as hereafter amended.
A building or premises used primarily for the indoor repair
of highly technical, specialized equipment, such as electronic equipment,
electrical systems, computer systems and circuits, and other similar
operating and support systems. A use that is primarily devoted to
the general mechanical and body repair of motor vehicles and/or small
engines shall not be deemed to meet this definition.
Any establishment where horses, donkeys, mules, or similar
animals are kept for training, riding, driving or stabling, for compensation,
or incidental to the operation of any club, association or similar
establishment.
A building accessory to a residential use, in which horses,
cows, sheep and/or other large mammals are kept for private use and
not for remuneration.
A building or grouping of buildings designed and constructed
for the common, long-term and/or seasonal interior storage of individual
or business property, whether partitioned or not. The wholesale storage
and/or transfer of goods by commercial enterprises shall not meet
this definition.
A storage facility that is constructed such that it is divided
by interior walls and each unit for rent has a separate exterior entrance.
Transportable units designed and used primarily for temporary
storage of building materials, household goods, personal items and
other materials for use on a limited basis.
The height in stories of a building shall be determined from
the datum established by the average elevation of the finished grade
adjoining the exterior walls of a building or structure, where such
walls face legal open space or abut other open space which is level
for 10 feet or more. Areaways, driveways and entrances of abrupt change
in elevation totaling 10% or less of the length of the wall shall
not be included in determining the average elevation.
The following locations shall not be deemed to be a story:
A basement where the finished floor immediately above is less
than seven feet above the average elevation of the finished grade
as described in this section;
A cellar;
An attic not meeting the requirements for habitable space;
Roof construction enclosing stairs or equipment other than elevators,
provided that they are less than 12 feet in height and do not occupy
more than 30% of the area of the roof on which they are located, and
elevator hoistway and elevator machine rooms;
For one- and two-family dwellings, a mezzanine with a floor
area less than 1/3 of the floor immediately below;
For multiple dwellings, a mezzanine with a floor area less than
5,000 square feet and less than 1/3 of the floor area space wherein
the mezzanine is contained; or
For general building construction, a mezzanine with a floor
area less than 10,000 square feet and less than 1/3 of the floor area
space wherein the mezzanine is contained.
Any perennial or intermittent watercourse as identified on
USGS maps with a solid blue line for perennial streams and with a
dotted blue line for intermittent streams.
The land area immediately adjacent to and which slopes toward
the bed of a stream and which is necessary to maintain the integrity
of a stream. A stream bank will not be considered to extend more than
50 feet horizontally, from the mean high-water line, with the following
exception: Where a generally uniform slope of 45° or greater adjoins
the bed of the stream, the stream bank is extended to the crest of
the slope or the first definable break in slope, either a natural
or constructed (i.e., road or railroad grade) feature, lying generally
parallel to the stream.
A static construction of building materials, framed of component
structural parts, for occupancy or use, including, but not limited
to, buildings, stadiums, platforms, towers, sheds, display stands,
storage bins, signs, reviewing stands, and gasoline pumps.
A structure detached from, on the same lot, and subordinate
to a principal structure, used for purposes customarily incidental
to those of the principal structure. Accessory structures include,
but are not limited to, portable, removable or permanent enclosures,
shade structures, carports, garages and storage sheds.
A structure in which is conducted the main or principal use
of the lot on which said structure is situated. Such structure(s)
includes any open or enclosed porch, carport, garage, or similar structure
attached to such structure.
A building or part of a building used for motion pictures
or live performances, which may include dinner theaters.
A multiunit dwelling having separate external entrances to
each unit and common vertical party walls.
Any person who shares a dwelling unit on a nonpermanent basis
for not more than 30 days (Chapter I, Title 10, Part 21, New York
State Sanitary Code).
A registered vehicle which is used or designed to be used
for seasonal and/or temporary living or sleeping purposes, and which
is customarily standing on wheels or rigid supports. A recreational
vehicle (RV) is also considered a travel trailer.
A building or part of a building or premises used for the
short-term storage and/or transfer of goods, wares and merchandise
for the owner or others by truck transport.
Includes the following:
A use which includes all of the following:
A property whose principal use services the public, such
as, but not limited to, museums, art galleries, and libraries in a
public, private or nonprofit facility.
The removal and sale of any soil, gravel or earth product
from a property. Grading in preparation for site construction under
approved plans by the appropriate Town entity, where earth material
is moved on site or removed off site incidental to construction activities,
shall not be deemed an extractive use.
A use of land, existing legally at the time of enactment
of this chapter, that does not conform to the zoning regulations of
the district in which it is situated.
The main or primary permitted use of a lot or structure.
An authorization by the Zoning Board of Appeals for the use
of land in a manner which is not allowed by the dimensional or topographical
requirements of the applicable zoning regulations.
An authorization by the Zoning Board of Appeals for the use
of land in a manner or for a purpose which is otherwise not allowed
or prohibited by the applicable zoning regulations.
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of fuel or oil and other lubricating substances,
which may include as accessory uses sale of motor accessories, and
which may or may not include facilities for lubricating, washing (which
does not require mechanical equipment) or otherwise servicing motor
vehicles, but not including auto body work, welding or painting.
A building or premises used for the general mechanical and/or
body repair of licensed motor vehicles, including painting, and the
accessory sale of related vehicle parts, maintenance products, and
accessories. A junkyard or salvage yard is not to be considered as
meeting this definition.
A lot or structure for the display, sale, or lease of new
or used automobiles, trucks, trailers, motorcycles, recreational vehicles,
snowmobiles, boats, lawn and garden vehicles, and light industrial
vehicles.
A lot or structure for the display, sale, lease or repair
of new or used heavy construction equipment that is industrial in
nature (such as backhoes, graders, dump trucks, and excavators) and/or
large-scale agricultural equipment.
A building for the treatment and/or examination of animal
illness, including facilities for boarding animals receiving examination
or treatment. This definition is deemed to include "animal hospital
or clinic."
A building or premises used for the wholesale storage and/or
transfer of goods by commercial or industrial enterprises.
Any river, stream or naturally occurring channel of water
or any man-made culvert which flows directly into one of the aforementioned.
Any lot, premises or structure which is engaged in selling
to retailers or jobbers rather than directly to retail customers.
A principal use that incorporates one or more wind energy
conversion systems on a lot for the sole purpose of generating electric
power for sale to utility companies.
An open area extending equidistant between a front lot line
and the rear line of a minimum front yard setback and projecting to
the side lot line(s).
An open area extending equidistant between the rear lot line
and the minimum rear yard setback and extending the full width between
the minimum side yard setbacks.
All sales entitled "yard sale," "garage sale," lawn sale,"
"attic sale," "rummage sale," or any other similar casual sale of
tangible personal property whereby there is a display and offer for
sale of any goods, wares or merchandise, on the premises of any residential
lot within the Town of Southport, which goods, wares or merchandise
offered for sale are the household furnishings or personal possessions
of the persons conducting the sale and residing at the premises. The
term "yard sale" shall not include household auctions or estate sales
conducted by professional auctioneers.
[Added 8-9-2016 by ordinance
(Res. No. 153-2016)]
An open area extending equidistant between the minimum side
yard setback and the side line of a lot and extending from the rear
line of the front yard to a lot line opposite to the front lot line.
