As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY APARTMENT DWELLING
A separate and complete dwelling unit within the same lot
or property of an existing principal residential use. An accessory
apartment dwelling may be contained within the principal structure
or in an accessory structure (such as a modular or manufactured structure,
garage, carriage house).
ACCESSORY FARM DWELLING
A structure or portion of structure designed and occupied
for individual, family or group residential occupancy by farm employees
and/or their families on a year-round or seasonal basis; and includes
terms commonly referred to as: bunkhouse, mobile home and farmhand
residence.
ACCESSORY USE
An activity located on the same lot or property which is
incidental to a principal use and subordinate in area, extent and
supportive in purpose to the principal use. (An accessory use may
be limited to the same principal building.) Some examples include
uses such as: management offices for business, institutional or industrial
establishments; incidental machine or equipment repair for retail
businesses; or a home occupation.
AGRICULTURAL DISTRICT
A parcel of land maintained in an agricultural district recognized
by the Oneida County Farmland Protection Board in accordance with
applicable standards and regulations of New York State Agriculture
and Markets Law Article 25-AA.
AGRICULTURAL PROCESSING FACILITY
An activity for the collection, bulk storage, processing
and distribution of raw agricultural products for retail consumption;
examples include mills to process and distribute fruit and vegetables,
grains, dairy products, and/or lumber but excludes slaughterhouse
and meat processing plants. The term also includes an activity for
the bulk storage and distribution to farms of materials used in conjunction
with agricultural production.
AIRSTRIP, PUBLIC
The principal use of land that is improved and maintained
in accordance with applicable standards and regulations of the Federal
Aviation Administration for the landing and take-off of aircraft used
for commercial, private or recreational purposes, or the service and
storage of aircraft for compensation. It may include aircraft or facilities
used for the commercial transport or shipping of passengers and materials.
AIRSTRIP, PRIVATE
An accessory use of a portion of parcel of land that is improved
and maintained in accordance with applicable standards and regulations
of the Federal Aviation Administration for the landing and take-off
of aircraft used for private or recreational purposes or in conjunction
with the administration of a business; the definition excludes aircraft
or facilities used for the commercial transport or shipping of passengers
and materials.
ALLEY
A public or private right-of-way providing secondary or alternative
vehicular and/or pedestrian access to abutting properties.
APARTMENT
A complete and permanent dwelling unit occupying only a portion
of a structure or building.
APARTMENT COMPLEX
More than one multifamily dwelling on the same or contiguous
parcels of land designed and constructed under a common scheme or
plan and which may include other structures and uses such as a recreational
facilities, common buildings and uses such as a central laundry building,
separate rental office building, etc.
BANK
(See "office" or "retail use.") A building designed or occupied
for commercial activity primarily characterized by financial transactions
with the customer/client. (The use specifically excludes drive-in
services.)
BASEMENT
An area of a structure partly below grade and having at least
half of its clear floor-to-ceiling height above the average grade
of the adjoining ground. (See also "cellar.")
BED-AND-BREAKFAST RESIDENCE
A type of home occupation in an owner-occupied single-family
residence offering overnight lodging for guests or tourists and may
include dining facilities limited only to the overnight guests.
BOARDINGHOUSE
Any building containing primarily boarding units, with or
without meals as a condition of occupancy. A rooming house or a furnished
rooming house shall be deemed a "boardinghouse."
BUILDING
A structure wholly or partially enclosed within exterior
walls and a roof to be used for sheltering people, animals, property,
business or other activities. Structures divided with interior walls
extending from the foundation through to the roof shall be generally
considered separate buildings. Common examples include: houses, garages,
factories, barns, and mobile homes. Fences, signs and temporary structures
such as tents are not buildings.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
finished grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of the walls. (See also "coverage,
lot.")
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deck line of a mansard roof; and to the mean height level between
the eaves and ridge of a gable, hip or gambrel roof.
BULK STORAGE
The commercial development of land to be used or occupied
by structures, equipment, vehicles or storage areas designed to hold
and distribute large quantities of material to industrial, institutional,
wholesale or retail uses. Materials stored may include petroleum products,
fuels and chemicals.
CAMPGROUND
Land on which three or more campsites are located, established
or maintained as a licensed business for occupancy by camping units
as temporary living quarters for recreation, education or vacation
purposes.
[Added 2-1-2021 by L.L.
No. 3-2021]
CAMPING UNIT
Any tent, lean-to, cabin or similar structure, or recreational
camping vehicle, excluding mobile homes, established or maintained
and operated in a campground as temporary living quarters for recreation,
education, or vacation purposes.
[Added 2-1-2021 by L.L.
No. 3-2021]
CAMPSITE
Any area of land within a campground intended for the exclusive
occupancy of a single camping unit.
[Added 2-1-2021 by L.L.
No. 3-2021]
CAR WASH
Land and/or building or portion of a building used for the
washing, cleaning and/or polishing of motor vehicles.
CELLAR
An area of a structure wholly or partly below grade and having
less than half of its clear floor-to-ceiling height above the average
grade of the adjoining ground. (See also "basement.")
CEMETERY
Land improved and maintained for the interment of human remains
and may include interment structures such as mausoleums, administrative
and maintenance structures and facilities for conducting funeral services.
COMMUNITY CENTER
A facility under the direct supervision and control of a
charitable, religious, social service or similar community or civic
organization designed and used as a place of assembly for religious,
fraternal, social, recreational or educational programs and meetings
for the general public or membership; it shall exclude private clubs;
the definition shall also exclude any facilities to house or lodge
overnight guests.
CONTRACTING AND TRUCKING SERVICE USE
An accessory or principal use serving as the base of operations
for trucking or heavy equipment contractor services and may include
activities such as construction, irrigation, septic system or plumbing
contractors and truck transport services. Such activities may include
only incidental service, repair and storage of vehicles, equipment
or materials. This definition specifically excludes provision for
the retail or wholesale sale or storage of merchandise or the retail
servicing of vehicles unrelated to the service use itself.
COVERAGE, BUILDING
The total aggregate percentage of the lot or land area covered
by structures as defined in the term "building area." This includes
principal and/or accessory buildings but excludes fences, signs, pavement,
patios and similarly treated spaces on the ground.
DAY-CARE CENTER
A land use in which care and supervision of (at least three
or more) minors (children) or dependent adults is provided on a daily
or regularly programmed basis outside of their place of residence.
Care for each person is for less than a twenty-four-hour period and
may occur during any part of a day. Examples of activities which are
day-care facilities under this chapter include: nursery schools, pre-school
programs, after-school programs or day-care centers, senior day-care
facilities.
DIMENSIONAL GROUP
Represents a method of organizing information, and the groups
used in this zoning chapter are intended only to associate individual
land use activities with lot and structure dimensional requirements.
Several zone districts have more than one set of dimensional standards;
therefore, to clarify and to minimize the need for special interpretations
each land use is associated with one of the following groups: residential,
nonresidential, commercial, agricultural, industrial, specialized
or variable.
DRIVE-IN SERVICE
A facility attached or detached to a principal building from
which customers conduct any business, secure consumer goods or services,
and products are dispensed for off-premises use/consumption while
customers remain in their motor vehicles; this definition includes
facilities associated with such uses as: drive-in or drive-thru banks,
restaurants and movie theaters, ATMs (automatic teller machines),
and drive-up kiosks and specifically excludes gasoline service station,
car wash, and similar motor vehicle services and designated vehicle
loading areas accessory to retail or wholesale uses.
DWELLING
A building designed and occupied by one or more dwelling
units used as permanent or seasonal residence; this term excludes
temporary or recreational forms of shelter such as tents, trailers,
recreational vehicles which are portable and readily moveable.
DWELLING UNIT
One room, a coordinated arrangement of several rooms or an
entire building that is designed and occupied as a self-contained
independent residential living unit and where each unit is provided
with a separate:
A.
Access to the exterior of the building directly or through a
common hallway or entrance;
B.
Areas for eating and food preparation;
E.
Water supply and/or sanitary disposal system; and
F.
Any other facilities incidental and necessary for human habitation
by one family as defined in this zoning chapter.
DWELLING, CONVERTED TO COMMERCIAL
A building originally designed for and occupied as a principal
use by dwelling units modified for and occupied by other nonresidential
principal uses.
DWELLING, MULTIFAMILY
A building designed for and occupied as a principal use by
three or more dwelling units.
DWELLING, ONE-FAMILY
A (detached or semidetached) building designed for and occupied
as a principal use by one dwelling unit.
DWELLING, OVER COMMERCIAL
A building designed for and occupied as a principal use by
dwelling units contained within the upper stories of a building that
is occupied by other nonresidential principal uses within the lower
stories of a building.
EMERGENCY VEHICLE STATION
The use of land, structures or facilities to store, care
and operate emergency rescue, fire or ambulance services. It may include
space for vehicles, equipment and personnel.
EXCAVATION/MINING USE
Land used for the removal and transfer, with or without compensation,
of sand, gravel, rock or stone, topsoil or earth and similar substances
from their original or natural locations to a different property,
and shall include uses such as: borrow pit, gravel or sand pit or
mine. This definition shall exclude the removal of such substances
when incidental to the construction or the operation of a principal
use and when the removed substances are redistributed on the original
site or disposed of in accordance to a method approved by the Town.
FAMILY
One or more persons occupying the premises and living as
a single housekeeping unit with common use, care and access to living
and sleeping areas with shared cooking, eating and toilet facilities
as distinguished from a group of individuals occupying specified rooms
and without common access, use, or care of the entire dwelling such
as within a boarding and rooming house, motel/hotel, dormitory, fraternity/sorority,
club or hospital/nursing home.
FARM
Land and/or buildings occupied for the commercial production
of field crops, fruits, vegetables, ornamental plants, livestock and
livestock products, woodlands or similar products on one or more noncontiguous
properties, and includes buildings and outdoor areas for the storage,
distribution, use and care of fuel, supplies, equipment and raw agricultural
products and may include buildings used for residential purposes;
the term includes facilities to process, cook, mill or transform raw
agricultural products into retail consumer goods. (For retail sale,
see "farm stand.")
FARM AS HOBBY (HOBBY FARM)
A parcel of land, a minimum of five acres and not to exceed
20 acres, used primarily for single-family residential purposes in
which a portion of the parcel may be used for accessory and limited
commercial agricultural purposes. Examples include: a single-family
residence with crops used either for personal consumption of the occupants
or retail sale at an off-site business or from an on-site farm stand;
a single-family residence with barns, stables or similar structures
for agricultural livestock that are maintained as source of food,
pets or similar recreational use by the occupants.
FARM STAND
An incidental and subordinate activity of a farm, nursery
or greenhouse involving a building or portion of a building used for
the seasonal retail sale of agricultural products, and may include
activities in which retail customers pick or select their own produce
from the fields or growing areas.
FUNERAL HOME
A building or portion of building designed and occupied for
the preparation of deceased persons for burial and for the arrangement
and management of burial ceremonies; the use commonly includes accommodations
for people to congregate and hold ceremonies and includes the terms
funeral parlor or undertaker. The term excludes facilities for the
cremation of human remains.
GAME FARM
Activities such as raising or harboring domestic or exotic
animals for the purpose of entertaining the public in a zoo-like environment,
which may include contact between the patrons of the use and the animals,
together with related food concessions, rides, and games for children
and adults, and also as a discovery zoo.
[Added 3-4-2019 by L.L. No. 2-2019]
GARAGE, PRIVATE
An accessory building or portion of a building designed and
occupied primarily for the storage of motor vehicles or property owned
or controlled by the occupants of the principal residential or nonresidential
use.
GARAGE, STORAGE
A principal use of a building or land for only the storage
of vehicles or other items for compensation, and at which no retail
products or automobile fuels or oils are sold nor are vehicles or
items serviced, equipped, repaired, leased or sold.
GASOLINE STATION/CONVENIENCE STORE
Land and/or building improved and occupied for the retail
sale and dispensing of fuel to motor vehicles, may include facilities
for the minor repair, service or cleaning of motor vehicles and the
retail sale of groceries, prepared food and similar convenience items
(but specifically excludes auto body repair, painting, dismantling
and storage).
GREENHOUSE, ACCESSORY
An accessory structure for a residential, nonresidential
or commercial land use that is typically enclosed with glass, plastic
or similar materials and which may be used for personal enjoyment
and/or the noncommercial production of plants.
GREENHOUSE, COMMERCIAL
A structure typically enclosed with glass, plastic or similar
translucent materials within which agricultural or horticultural products
are grown for retail or wholesale sale and includes appropriate areas
for parking, loading and storage, office and customers.
HALF-STORY
That part of a building between a pitched roof and the upper
most full story, said part having a ceiling height of seven feet or
more for an area not exceeding 1/2 the floor area of said full story,
and in which space not more than 2/3 of the floor area is finished
off as rooms.
HOME OCCUPATION
Any personal or professional service, trade or occupation customarily conducted within a dwelling and carried on the inhabitants thereof, which use is clearly incidental and accessory to the use of the dwelling for dwelling purposes, which does not change its residential character, and conforms to the requirements of this chapter. (See §
262-33F.)
HOSPITAL
An institution specializing in giving medical, surgical or
rehabilitation treatments to persons on an in- or out-patient basis
and may include lodging and dining facilities for the patients and
staff (applies to nursing homes).
HOTEL
A building or group of buildings providing rental sleeping
rooms, with or without toilet facilities, for the general public or
a membership and which may contain separate dining rooms, kitchens,
meeting and entertainment rooms which are primarily designed to serve
the transient occupants but which may be open to the general public;
this term includes inn, hostel, dormitory or shelter and excludes
boarding and rooming house.
[Amended 10-7-2013 by L.L. No. 2-2013]
IMPERVIOUS SURFACE
Any man-made material (such as pavement) used in parking
lots or driveways or any building or other structure on a lot, that
does not allow surface water to penetrate into the soil.
INDOOR RECREATION, PARTICIPANT
A principal use of structure for individual or small group
sporting events or recreational activities, such as video arcades,
indoor tennis court, bowling alleys and athletic clubs. Such facilities
are designed for the direct use and participation of most of the attendees,
and may include spectator facilities.
INDOOR RECREATION, SPECTATOR
A principal use of structure for individual or team sporting
events or recreational activities, such as indoor soccer fields, basketball
court. Such facilities include seating or areas for visitors, observers
or spectators and may be designed for the direct use and participation
of some of the attendees.
INDUSTRIAL OR MANUFACTURING USE
A commercial activity characterized by the transformation
of substances into new products (including the assembly of component
parts of manufactured products), and includes by illustration uses
such as: factories or mills utilizing power-driven machinery and materials
handling equipment. This term shall also include transportation facilities
designed for the handling of goods destined for shipment, including
interim storage facilities, truck terminals, freight stations and
related installations and improvements. This term shall not include
junkyards, automotive or other disassembly plants, or bulk petroleum
storage.
JUNKYARD
Land occupied by a commercial activity principally characterized
by the collection, storage, dismantling and salvaging of waste material,
inoperative equipment, machinery or motor vehicles and may include
the (retail sale and/or) wholesale distribution of salvaged material.
KENNEL
A land use or structure used for the commercial harboring
or care of domestic animals, such as dogs, cats, and similar pets.
KENNEL, ACCESSORY
Accessory use of a residence setting aside land or a structure
to be used for the commercial harboring or care of domestic animals,
such as dogs, cats, and similar pets.
LANDSCAPE
The natural features of a plot of ground as lawns, trees,
shrubs, berms, buffer zones used to screen, beautify or naturalize
property.
LIBRARY
A public or private institution maintaining a selection of
books, records and other materials for use by the general public or
membership and may include meeting or lecture rooms but shall exclude
businesses which rent books, records, videotapes, videodisc, athletic
equipment or similar objects for compensation or profit.
LOT
An area of land defined by property lines shown on a deed,
survey, or official Tax Map and is considered as a unit, occupied
or capable of being occupied by one building and accessory buildings
or uses, or by a group of buildings or uses united by a common use
or interest; and including such open spaces as are required by this
chapter, and having frontage on a public or private right-of-way or
an officially approved right-of-way.
LOT AREA
The total square footage within the property line of a lot,
including easements and excluding land within dedicated streets or
highway boundaries.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines. Lot depth is measured generally parallel to the side lot
lines and may be measured along several points on the front and rear
property lines.
LOT WIDTH
The distance between the side property lines measured along
the front yard setback line as determined by the applicable front
yard requirement as defined in this chapter.
LOT, CORNER
A lot located at the intersection of and fronting on two
or more intersecting streets, and having an interior angle at the
corner of intersection of less than 135°. A corner lot shall have
a required front yard along each right-of-way frontage.
LOT, INTERIOR
A lot bounded on all sides by other lots or a lot having
only one frontage to a right-of-way.
LOT, THROUGH
Any lot other than a corner lot having frontage onto two
or more streets or roads.
MARINA
The use, land, structures and adjacent water bodies for the
storage, docking, and/or servicing of boats for compensation or as
nonprofit operation. It may include other business activities, such
as retail and administrative operations, restaurants and similar services.
MEAT PROCESSOR
A facility engaged in the commercial slaughter, processing
or packaging of any meat and meat products for sale or distribution
to wholesale and/or retail establishments.
MEDICAL CARE FACILITY
A facility providing for the treatment of illness, injury
and disease, providing in-patient and/or out-patient accommodations,
including what are commonly termed clinics, diagnostic centers, neighborhood
health centers.
MANUFACTURED HOME PARK
A parcel of land under single ownership or management planned
and improved for the placement of two or more manufactured homes.
MANUFACTURED HOME, DOUBLE-WIDE
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same conveniences as immobile
housing with respect to water supply, light, heat, power and waste
disposal. A manufactured home is a portable unit designed and built
to be towed on its own chassis comprised of a frame and wheels and
designed for occupancy without a permanent foundation for year-round
living. A unit may contain parts that may be folded, collapsed or
telescoped when being towed and expanded later to provide additional
cubic capacity. A unit may also be two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated towing (double-wide).
Manufactured units are designed to be used as long-term residential
units and exclude travel trailers, motorized homes, pick-up coaches,
camping trailers, and all forms of recreational vehicles.
MANUFACTURED HOME, SINGLE-WIDE
See also modular or manufactured structure, a type of unit
that may be constructed in a manner similar to a manufactured home,
single-wide, but is permanently affixed to a foundation and with permanent
connections for water supply and waste disposal.
MODULAR OR MANUFACTURED STRUCTURE
Any structure or building assembled completely or partially
into major building components off-site; and transported to a different
site for permanent placement. A major building component shall include
but not be limited to such elements as rooms and be an assembled unit
of walls, floor and ceiling. Off-site pre-assembly of elements such
as stairs or steps, roof rafters or floor joists commonly used in
the conventional construction of a building shall not be considered
major building components. For purposes of these zoning regulations
a modular structure is the same as any conventionally built structure
and shall comply with all applicable use and dimensional controls.
MOTEL
A building providing rental sleeping rooms and related parking,
but without room service.
[Added 10-7-2013 by L.L.
No. 2-2013]
MOTOR VEHICLE SALES AND SERVICE
Land and structures commercially used for the major and/or
minor servicing or repair, auto body repair and painting, sales or
storage of motor vehicles includes cars, trucks, recreational vehicles,
motor cycles, snowmobiles or boats; it excludes motor vehicle dismantling
and storage or sale of dismantled parts.
MULTI-USE, RESIDENTIAL/COMMERCIAL
A building designed for and occupied by nonresidential, office
and dwelling units as the principal uses contained within a building
with the nonresidential and office uses on the public facade. The
requirement that Nonresidential and office uses face a public facade
applies only to new construction.
NURSERY, COMMERCIAL
Land and/or building improved and occupied for the commercial
raising, storage or retail sale of ornamental plants, household garden
supplies and equipment.
NURSING OR CONVALESCENT HOME
A facility licensed by New York State for the accommodation
and care of persons with, or recuperating from, illness or incapacity,
and where nursing or rehabilitation services are provided.
OFFICE
A building or portion of a building designed and occupied
to perform services as a principal use of an administrative, professional
or clerical nature and includes activities such as: insurance, real
estate, financial, legal, design, medical and management.
OUTDOOR RECREATION, PARTICIPANT
A principal use of land or structures for individual or small
group sporting events or recreational activities such as swimming
pools, tennis courts, golf courses and exercise tracks, archery or
rifle ranges. Such facilities are designed for the direct use and
participation of most of the attendees, and may include spectator
facilities. This land use may include incidental facilities serving
food and beverages.
OUTDOOR RECREATION, SPECTATOR
A principal use of land and facilities for individual or
team sporting events or recreational activities such as outdoor soccer,
football or baseball fields, basketball court. Such facilities provide
spectator space, seating and observation areas and may include space
for direct participation of some of the attendees. This land use may
include incidental facilities serving food and beverages.
OUTDOOR SALES, SERVICE AND STORAGE
The commercial use of land for the outdoor sale, display,
or storage of equipment, supplies, vehicles or merchandise. Such uses
include, by illustration, sale of lumber, building supplies, farm
equipment, automobiles, contractor's storage but specifically excludes
junkyard, waste or scrap products or farm products.
PARKING AREA
Principal or secondary use of land or building or portion
thereof for the temporary storage of motor vehicles for gain or associated
with land uses on separate properties.
PARKING/GARAGE, PUBLIC
A building or parcel of land used for the temporary storage
of motor vehicles either for gain or as a service related to other
uses or properties.
PERSONAL SERVICE USE
See also retail use; a commercial activity characterized
by the direct on-premises sale of primarily services to the ultimate
customer and includes uses commonly referred to as: barbershop, beauty
salon, dry cleaner, laundromat and similar activities where the customer
is typically present to receive the services.
PORTABLE STORAGE CONTAINER
A container similar to but distinct from those designed and
constructed for stationary installation, designed so that it can be
readily moved over the highways, from one usage location to another,
by placement of trailer or otherwise. Such containers may have legs
or other supports attached or are mounted on running gear, such as
trailer or semitrailer chassis, with suitable supports, which may
be of the fold-down type, permitting them to be placed or parked in
a stable position on a reasonably firm and level surface. Portable
storage containers also include storage containers divided into individual,
compartmentalized stalls and designed or utilized for self-storage.
PRIVATE CLUB
A facility under the direct supervision and control of a
charitable, religious, social service, public or similar community
organization, including not-for-profit corporations, which provides
a place of congregation or meeting for purposes of education, training,
counseling, active or passive recreation or similar pursuits, including
social facilities. This land use may include incidental facilities
serving food and beverages. This term shall not include schools or
retail business activities.
PUBLIC FACADE
Any side of a building facing a street, public way or public
space.
RELIGIOUS INSTITUTION
A building occupied for people to regularly gather, attend
and/or participate in religious services, ceremonies, instruction,
meetings or similar activities and includes buildings commonly referred
to as church, synagogue, meeting house or temple; the use may also
include an attached or detached dwelling unit for a caretaker or primary
religious official but excludes dormitory.
RESTAURANT/BAR
A building or portion of a building designed and occupied
for the retail sale of food and/or beverage that is prepared and served
in a ready-to-consume state either on or off the premises; this definition
includes uses commonly referred to as clubs, luncheonettes, snack
bars, family restaurants, ice cream or pizza parlors, take-out restaurants,
taverns, inns and cafes but excludes temporary facilities associated
with carnivals, field days, charitable fund-raising or similar events
and the incidental retail sale of prepared food accessory to another
principal use such as a gasoline service station or employee cafeterias
and snack areas.
RETAIL USE
A building designed or occupied for a commercial activity
primarily characterized by the direct (on-premises) sale and display
of goods and services within the building to the ultimate consumer;
the use may contain ancillary office, repair facility and/or storage
area and includes buildings commonly referred to as department store,
hardware store, grocery, boutique, craft shop, appliance repair shop,
video rental store and personal service establishment, defined herein,
but specifically excludes restaurant, gasoline service station, other
motor vehicle sales or service, outdoor retail sales, display or service.
RURAL BUSINESS USE
A principal, nonresidential use offering retail or service
activity providing goods and services that are primarily related to
and support agricultural operations. Examples include but are not
limited to the sale and service of farm implement such as tractors,
sale and service of hand tools, small power equipment, veterinary
service, and drilling, soil preparation and irrigation service.
RURAL SERVICE USE
A form of accessory use, similar to home occupation, in which
a business or professional activity is conducted and incidental to
a single residence, Farm as hobby or a farm in specified portions
of the Town. Examples include: small engine repair, custom meat processing,
boarding of domestic animals. Activities are subject to review and
approval specified in the district regulations.
SCHOOL
A public or private institution providing a curriculum of
elementary and secondary academic or vocational instruction and includes
day-care facility, nursery school, kindergarten, elementary, middle
and high school; it excludes the offering of group instruction within
a residence, boarding school and college.
SETBACK
The distance measured on a perpendicular from a property
line towards the interior of a lot. For irregular or curved property
lines, the distance shall be measured along a series of points from
the property line. Setback may be specified within the chapter as
minimum or maximum distance. (See also "yards, required.")
SHOPPING CENTER
Land planned, improved and managed to accommodate a grouping
of three or more commercial uses in one or more buildings designed
to share parking, access, signage and other site services; uses commonly
included within a shopping center are retail store, restaurant, drive-in
service, gasoline service station, indoor recreation and office.
SIGN
Any device affixed to or painted or represented directly
or indirectly upon a building, structure or land and which directs
attention to an object, product, place, activity, person, institution,
organization or business, but not including any flag, badge, or insignia
of any government or government agency, school or religious group,
or of any civic, charitable, religious, patriotic, fraternal or similar
organizations, nor any official traffic control device.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign in is use. For the purpose of this chapter, any revolving,
illuminated sign shall be considered a "flashing sign."
SIGNS, BUSINESS
A sign that directs attention to a business or profession
conducted or a commodity, service, or entertainment sold or offered
upon the premises where such sign is located, or to which it is affixed.
SLAUGHTERHOUSE
A facility where animals are temporarily held, butchered
and then prepared for either retail or wholesale market consumption.
STABLE, PRIVATE
A building and portion of land occupied for the maintaining
and care of horses, mules or burros for the personal or recreational
use of the occupants and constituting an accessory use of a residential
property.
STABLE, PUBLIC
Land or structure improved and occupied for the commercial
breeding, boarding, care or sale of domestic or farm animals including
horses, goats, sheep for recreational purposes.
STORAGE TRAILER
A portable and moveable vehicle or structure designed and
occupied to provide temporary storage for goods, equipment or merchandise
used in conjunction with (and constituting an accessory building of)
a commercial use.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A public or private right-of-way affording the public vehicular
and/or pedestrian access to abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
STRUCTURE, ACCESSORY
A building, structure or mechanical equipment or decorative
device attached to or detached from a principal structure, located
on the same lot or property and which is subordinate and incidental
to the use of the principal structure; the term includes improvements
such as garages, storage sheds, waste disposal equipment, antenna,
swimming pools, parking/loading areas and signs.
STRUCTURE, PRINCIPAL
A building, structure or mechanical equipment designed and
built to be occupied or used by the predominant land use activity
allowed on the lot.
SUPERVISOR/STAFF RESIDENCE
Residential facility for potentially unrelated individuals
living under the care or supervision of a professional manager responsible
for the care and operation of the residence. Such uses may include
residences commonly referred to as dormitory, group home, or convent.
TEMPORARY RESIDENCE
A temporary and separate residential dwelling located on the same lot as a principal one- or two-family residence occupied by an elderly, disabled or infirm relative who is incapable of independent living and is to receive various forms of care from the occupant of the principal residence. The temporary dwelling may be occupied by a relative who will provide various forms of care to an elderly, disabled or infirm occupant of the principal residence who is incapable of independent living. See also Article
IV, Supplemental Regulations, for standards and conditions of approval.
TEXT AMENDMENT
A legislative process set forth in New York State Town Law
and this chapter to expand or generally modify the written language
of this zoning chapter. (See also "Zone Map amendment.")
TRUCKING TERMINAL
Land and/or facilities for the temporary storage of materials
for redistribution to and from trucks, tractor-trailers and similar
vehicles.
USE, PRINCIPAL
The major use or activity occurring on a lot and defining
the overall purpose of the land, structures and any ancillary elements.
USE, SECONDARY
A minor land use within a larger principal commercial land
use or structure. Secondary uses differ from accessory uses in that
they may not directly relate to or support the principal use, they
may be under separate and distinct ownership and/or management from
the principal use, and may operate somewhat independently of the principal
use (i.e., different hours). Secondary uses might be principal land
uses in the same or other zone districts. Secondary uses are permitted
when specified in a district, subject to the designated review. Examples
might include a small retail service such as a pharmacy or newsstand
within a medical office building, or a public restaurant in a sports
facility.
UTILITY SUBSTATION
Land occupied by a building, structure or equipment used
by a public utility service regulated by the New York State Public
Service Commission or a public agency in the transmission or collection
of energy, communication, water, or sanitary waste and may include
transmission poles and towers, pump stations, and equipment monitoring
buildings but excludes transmission facilities for public broadcasting;
offices; vehicle, equipment and material storage; warehousing and
similar functions.
VARIANCE, AREA
A modification of the dimensional standards of this zoning
chapter for a property according to the procedures and standards set
forth in New York State Town Law and this zoning chapter.
VARIANCE, USE
A modification of the land use standards of this zoning chapter
for a property according to the procedures and standards set forth
in New York State Town Law and this zoning chapter.
WAREHOUSE
A building designed or occupied by a commercial activity
principally characterized by the long-term retention of materials,
consumer goods, equipment, or merchandise and includes (truck terminals)
wholesale establishments involved in the bulk sale or distribution
of materials to retail, manufacturing, contractor, institutional or
other uses.
WHOLESALE USE
A commercial activity characterized by the sale of merchandise
in quantity to retail, manufacturing, construction contracting, institutional
or other wholesale establishments, including on-premises storage and
distribution facilities, but excluding bulk petroleum, natural gas
or chemical storage.
YARD
The required open space of a lot not to be occupied or obstructed
by any portions of a structure from the ground upward, except as specifically
allowed in this chapter.
YARD, FRONT
The required open space extending across the entire width
of the lot between the front property and the required setback distance.
There shall be no structures or extension of structures other than
steps, eaves, cornices and similar portions of structures. Parking
of vehicles is permitted unless specifically prohibited by this chapter.
YARD, REAR
An open, unoccupied space, except for walks, patios, paved
areas, accessory structures and the parking of motor vehicles, on
the same lot with the building between the rear line of the building
and the rear lot line and extending the full width of the lot.
YARD, SIDE
An open, unoccupied space on the same lot with the building,
situated between the building and side lot line, and extending from
the edge of the required front yard to the edge of the required rear
yard. It may be occupied by walks, patios, pavement and parked vehicles.
ZONE MAP AMENDMENT
A legislative process set forth in New York State Town Law
and this chapter to change or modify the Zoning Map. (See also "text
amendment.")