As used in this chapter, the following terms shall have the meanings indicated:
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
An industry engaged in the producing operations of a farm, the manufacture and distribution of farm equipment and supplies and processing, storage, and distribution of farm commodities.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Lands currently used or otherwise suitable for agricultural operations.
[Added 9-10-2019 by L.L. No. 2-2019]
Any activity, including the cultivation of land, the raising of crops, the raising of livestock, poultry, horticulture, timber, fur-bearing animals; the production, whether for sale to others or home use or consumption, of plants and animals, fruit, vegetable and field crops, plantations, orchards, nurseries, greenhouses, stables and horse-boarding facilities or other similar agricultural practices used primarily for the raising, marketing or sales of on-premises-produced agricultural or horticultural commodities.
[Amended 9-10-2019 by L.L. No. 2-2019]
A change or rearrangement in the structural parts or in the entrance and exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
A request for a review of the interpretation of any provision of this chapter or a request for a variance.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
A structure designed or intended primarily for the washing of automobiles, including conveyor, drive-through and self-service types.
A lot, land or structure or part thereof used for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles and for the sale of the parts thereof. It shall mean any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom or reclaiming for use of some or all of the materials therein, whether metal, glass, fabric or otherwise, or disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles. "Motor vehicle" shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
[Amended 7-12-1999 by L.L. No. 4-1999]
A structure or part of a structure used primarily for the sale or dispensing of legal beverages by the drink.
The flood having a one-percent chance of being equaled or exceeded in any given year.
A space of full story height partly below grade and having at least half of its clear floor-to-ceiling height above the established grade of the street center line or, if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building.
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into entirely separate parts extending from the ground up, each part so divided is deemed a separate building.
The total ground floor area of a principal building and accessory buildings, exclusive of uncovered porches, steps and terraces.
That portion of the plot or lot area covered by a building.
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the areas of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
That side of any building facing a public street.
The vertical distance measured from the established grade at the street center line or, if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A solar PV system that is designed and constructed as an integral part of a principal or accessory building. Components of a building- integrated system are designed to replace or substitute for architectural or structural elements of a building and generally complement, blend with or form part of a building's architectural appearance. Such components will generally maintain a uniform plane with and/or form a part of the walls, window openings, roofing and/or other building elements into which they are integrated. Such a system is used in lieu of a separate solar PV system where components of the system are designed and attached to a building independent of building architecture. A building- integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material, with semitransparent skylight systems, within roofing systems, replacing traditional roofing materials, or within other building envelope systems.
[Added 9-10-2019 by L.L. No. 2-2019]
A solar PV system that is attached to the roof of a building.
[Added 9-10-2019 by L.L. No. 2-2019]
A building in which is conducted the main or principal use of the lot on which said building is situated.
A parcel of land on which one or more campsites are located and maintained as temporary living quarters for recreation, education and/or vacation purposes for members of the public and/or organized groups.
That space of a building that is partly or entirely below grade, which has more than half its height, measured from floor to ceiling, below the established grade at the street center line or, if no grade has been officially established on the street, measured from the average level of the proposed finished grade across the front of the building.
A certificate issued pursuant to § 120-7 of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A nonprofit organization which provides a service beneficial to the general public or a significant portion of the public for no fee or at a fee which is substantially less than that charged by profit-making organizations.
Installations of solar energy systems that are owned collectively through a homeowners' association, community or municipal system, "adopt-a-solar-panel" programs, or other similar arrangements.
[Added 9-10-2019 by L.L. No. 2-2019]
A recreation facility designed and equipped for the conduct of sports and other leisure-time activities which is operated as a business and open to the public for a fee.
A tract of land in single ownership or controlled by an individual, partnership, cooperative or corporation designed for and capable of being used for one or more residential, commercial, industrial or recreational uses which have certain facilities in common and which have been designed as an integrated unit.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
A facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.
Any place or premises used for sale, dispensing or serving of food, refreshments or beverages to persons in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
A building or portion thereof providing complete housekeeping facilities for one family, including living, cooking, sanitary and sleeping facilities.
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
A residential building that houses unrelated individuals, such as a rooming house, boardinghouse, dormitory, fraternity or sorority.
A building or portion thereof designed for year-round occupancy, containing separate dwelling units for three or more families living independently of each other, other than hotels, motels, camps and rooming houses.
A detached building designed for occupancy by one family only, other than a mobile home, recreational vehicle, camp or any temporary structure.
Three or more attached dwelling units designed for year-round occupancy and containing separate dwelling units for occupancy by one family per unit.
A detached building designed for occupancy by two families living independently of each other, other than a mobile home, recreational vehicle, camp or rooming house.
An individual possessing the skills and knowledge to effectively develop a site for use as a solar PV system and then reclaim the site, restoring it, to the greatest extent practical, to its original use.
[Added 9-10-2019 by L.L. No. 2-2019]
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping unit.
The group shares expenses for food, rent, utilities or other household expenses.
The group is permanent and stable, and not transient or temporary in nature.
Any other factor reasonably related to whether the group is the functional equivalent of a family.
Any parcel of land containing at least 10 acres which is used for an agricultural operation.
A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters and/or unusual accumulation or runoff of surface waters.
A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein or space for more than one car is leased to a nonresident of the premises.
A building or part thereof used primarily for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, operated for gain.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel, and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include filling station and service station.
Reflections of light with an intensity sufficient to cause annoyance, discomfort, or loss of visual performance or visibility in any material respect.
[Added 9-10-2019 by L.L. No. 2-2019]
A solar PV system, including its specialized solar racking or other mounting system, which is installed on or in the ground and not attached to any other structure.
[Added 9-10-2019 by L.L. No. 2-2019]
A ground-mounted solar PV system that a) has a system capacity greater than 25 kW or b) the ability to generate more than 110% of the kWhs of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where the system is located or, for new construction, 110% of the estimated annual kWh usage calculated based on a calculation using data available from the U.S. Energy Information Administration, the U.S. Department of Energy or a usage calculator made available by a public utility (e.g., https://www.cpi.coop/my- account/online-usage-calculator/). In applying this standard, electricity consumption for existing land usage shall be determined by submission of utility bills showing electric usage over said twelve-month period.
[Added 9-10-2019 by L.L. No. 2-2019]
A ground-mounted solar PV system with a system capacity of less than or equal to 25 kW and which shall have the ability to generate no more than 110% of the kWhs of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where the system is located or, for new construction, 110% of the estimated annual kWh usage based on a calculation using data available from the U.S. Energy Information Administration, the U.S. Department of Energy or a usage calculator made available by a public utility (e.g., https://www.cpi.coop/my-account/online-usage-calculator/). In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage for existing land over said twelve-month period.
[Added 9-10-2019 by L.L. No. 2-2019]
The conduct of an art, business or profession, the offering of a service or the handicraft manufacture of products in a dwelling which is incidental and subordinate to the dwelling unit's use for residential purposes.
An institution providing health services and medical or surgical care to persons suffering from illness, disease or injury.
A place where animals or pets are given medical or surgical treatment and the Boarding of animals is limited to short-term stays necessary for veterinary care.
A facility offering transient lodging accommodations to the general public for a fee.
See "automobile junkyard/junkyard."
Any structure or premises where animals are kept, boarded, bred or trained for commercial gain.
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 9-10-2019 by L.L. No. 2-2019]
A unit of energy equivalent to one kilowatt of power expended for one hour of time.
[Added 9-10-2019 by L.L. No. 2-2019]
A solid-waste disposal site in which the waste is spread in thin layers, compacted to the smallest practical volume and covered with soil in a systematic and sanitary manner.
An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials inside an enclosed structure.
A parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses or by a group of buildings united by a common use or interest.
The total area included within lot lines of a lot, excluding any highway rights-of-way.
The property lines bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The distance between side lot lines, measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
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°.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
A lot having frontage on two approximately parallel or converging streets, other than a corner lot.
A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels. "Mobile home" shall mean a unit designed to be used for year-round residential purposes without a permanent foundation. A unit may contain two or more components designed to be joined into one integral unit, capable of being again separated into the components for repeated towing.
A site with required improvements and utilities for the long-term parking of mobile homes for dwelling purposes.
A new or used mobile home certified as meeting the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and approved by the Planning Board as meeting the following compatibility standards:
The minimum width of the mobile home at its narrowest point shall be not less than 20 feet.
The exterior material of the mobile home shall be similar to that customarily used in site-built residential structures. Siding materials shall be nonreflective in nature.
The mobile home shall have a sloping roof with eave projections of at least 10 inches. The roof shall be constructed with composition shingles or other materials customarily used in site-built residential structures. Such roof shall be nonreflective in nature.
The mobile home shall be attached to a permanent foundation approved by the Town Enforcement Officer.
The exterior covering material of the mobile home shall extend to the ground, except that, where a solid concrete or masonry perimeter foundation is to be used, the exterior covering material need not extend below the top of the foundation.
A new or used mobile home certified as meeting either the Housing and Urban Development standards or the New York State Code for the Construction and Installation of Mobile Homes, effective January 15, 1974, and found, on inspection by the Town Enforcement Officer, to be in good condition and safe for residential occupancy,
A manufactured dwelling designed and constructed to be transported to a building site and placed on a permanent foundation. "Modular home" shall mean a unit which is approved by the New York State Building Codes Council and which bears an insignia of such approval.
Any building used to conduct municipal business, e.g., Town Hall, Town Court, etc.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any system or agreement by which the energy or any portion of the energy generated by an on-site solar array is distributed to the public-utility power grid and the distributed kWhs can be credited in kWhs towards the off-site use of energy at a different location or towards on-site consumption of non-solar-array-generated kWh, allowing the public utility customer to offset the cost of power drawn from the public utility.
[Added 9-10-2019 by L.L. No. 2-2019]
A lot which was lawful prior to the adoption or amendment of the Zoning Regulations but which does not now conform to the area and/or dimensions required in the district in which it is situated.
Use of a building or of land that does not comply with the regulations for the district in which it is situated and where such use existed and/or was used legally at the time of adoption or amendment of these regulations.
Facilities for the daytime care or instruction of two or more children from two to five years old, inclusive, and operated on a regular basis for pay.
A proprietary facility, licensed or regulated by the State of New York, for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing and related medical services.
An off-street, ground-level area, usually surfaced and improved for the temporary storage of motor vehicles in operating condition.
A space designated for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.
A commercial establishment primarily engaged in providing services involving the care of a person and his or her apparel, such as laundries, barbershops, photo studios, health clubs, etc.
A map representing a tract of land showing boundaries and location of individual properties and streets.
A final map drawn by a licensed engineer showing a proposed subdivision, including all detailed information required by New York State law and these regulations, which is submitted to the Planning Board and, if approved, filed with the County Clerk.
A preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.
A room or group of rooms used for conducting the affairs of a business or profession.
Any utility that provides electric, gas, telephone, water, and television cable systems directly to the general public.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Telephone, electric and cable television lines, poles, equipment and structures: water, sewer or gas pipes, mains, valves and structures; pumping and exchange stations; and other facilities necessary for conducting such services.
A mobile recreational unit, including travel trailer, pickup, camper, converted bus, tent-trailer, camper trailer, tent or similar device used for a temporary portable house.
An establishment where food and drink are prepared, served and consumed primarily within the principal building.
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption.
A structure where fresh produce, such as fruits and vegetables and other farm produce, may be purchased.
Any private or public institution for learning approved by the New York State Department of Education.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
See Chapter 240 for definitions and regulations in regard to sexually oriented businesses.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any device affixed to, 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. (These regulations shall not apply to any flag or insignia of a government or government agency, school or religious group, nor to any official traffic control device.)
The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing or framing whose judged intent is to extend the effective sign area. Supporting framework shall not be included in the estimated sign area, and only one side of flat, back-to-back signs shall be included in calculating sign area.
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion by the Planning Board.
A retail business office and/or personal service establishment of a limited size and scale primarily intended to meet the day-to-day needs of residents and visitors, such as the following: small grocery stores, gift or craft shops, antique sales, real estate, legal, medical or dental offices, barbershops, apparel repairs, etc. The Planning Board shall determine whether a proposed use constitutes a small business operation in accordance with the standards prescribed in Article IV, § 306-8B, of these regulations.
A property owner's right to have sunlight shine on his land.
Any number of electrically connected solar photovoltaic (PV) panels that are connected to the same inverter.
[Added 9-10-2019 by L.L. No. 2-2019]
A large, flat piece of equipment containing photovoltaic cells that use the sun's light or heat to create electricity.
[Added 9-10-2019 by L.L. No. 2-2019]
A solar energy collection system consisting of solar photovoltaic cells, panels and/or arrays, and other related equipment, which rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system may be building- mounted, ground-mounted or building-integrated. Any such system or related equipment shall not constitute a "public utility structure" or a "private utility structure" as such terms are defined or used elsewhere in this Code.
[Added 9-10-2019 by L.L. No. 2-2019]
A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted in certain zoning districts as a special use if specific provision for such special use is made in these Zoning Regulations.
A special use permit is issued when a special use has been approved by the authorizing board.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A public or private way which affords the principal means of access to abutting property.
The width of the road right-of-way measured at right angles to the center line of the street.
A street which collects traffic from local streets and connects with major and minor arterials.
A street which 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-generating areas.
A street which is intended to serve primarily as an access to abutting properties.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
An assembly of materials forming a construction framed of component parts for use or occupancy, including but not limited to buildings.
The division of any parcel of land into two or more lots, plots, sites or other division of land, in any three-year period, for the purpose of transfer of ownership or for building development and shall include resubdivision of all or in part of any plat, filed or unfiled, which is entirely or partially undeveloped. Any division of land creating a new street shall be considered a subdivision. For the purposes of these regulations, however, the division of existing agricultural land into parcels of 10 acres or more for continued use as agricultural land and not involving any new streets or easements for access shall not be considered a subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots or any size subdivision requiring any new street or extension of municipal facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision of the Master Plan, Official Map or the regulations contained in this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement is started or, if the building has been damaged, before the damage occurred.
Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, aboveground and on-ground pools; indoor pools; hot tubs; spas; and, fixed-in-place wading pools. Refer to Chapter 263, Swimming Pools, of the Code of the Town of Potsdam, for regulations.
[Amended 10-11-1994 by L.L. No. 4-1994; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An open lot or part thereof, with its appurtenant structures and facilities, devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.
Any system or agreement by which the energy or any portion of the energy generated by an on-site solar array is distributed to the public-utility power grid and the owner of the solar array is compensated for the value of the distributed kWhs pursuant to the terms of a value stack or other such valuation mechanism as adopted by the New York State Public Service Commission (PSC) or any successor entity to the PSC.
[Added 9-10-2019 by L.L. No. 2-2019]
A departure from the provisions of the Zoning Regulations relating to yard, lot area, height, frontage requirements and/or use of a parcel of property. A variance may be granted by the Board of Appeals if it is demonstrated that a literal application of the regulations would result in unnecessary hardship or practical difficulties.
Any wind energy conversion system, small wind energy conversion system, or wind measurement tower, as each is defined in Chapter 298, Wind Energy Facilities, including all related infrastructure, electrical lines and substations, access roads and accessory structures. Public utility uses otherwise allowed under this chapter do not include wind energy facilities.
[Added 3-12-2008 by L.L. No. 1-2008]
An open space extending the full width of a lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
An open space extending across the full width of a lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.
An open space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.