As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
The lawful use of any structure or land having ceased for
a period of 12 consecutive months or longer shall be termed abandoned.
ACCESSORY DWELLING UNIT
A dwelling unit that is permitted with limitations in conjunction
with a principal permitted use.
ACCESSORY STRUCTURE
A structure customarily incidental and subordinate to the
principal structure on the property and is physically detached from
the principal building, including play structures, garages, sheds,
etc.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use on the property.
ADULT USE BUSINESSES
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult motion-picture theaters, adult entertainment cabarets and adult
mini-motion-picture theaters. Furthermore, for purposes of this chapter,
an adult massage parlor, private modeling establishment and steam
bath establishment shall be considered to be an "adult use business"
covered by this chapter.
AGRICULTURAL PROCESSING PLANT
An enclosed building or facility for the refinement, treatment,
or conversion of agricultural products where physical, chemical, or
similar change of an agricultural product occurs. Examples of agricultural
processing include but are not limited to cannabis processors, packing
houses, cold storage houses, fruit dehydrators, hulling operations,
and the sorting, cleaning, packing and storing of agricultural products
preparatory to sale and/or shipment in their natural form, including
all uses customarily incidental thereto. Agricultural processing shall
not include wineries or commercial manufacturing of secondary products
using agricultural products, such as kitchens, bakeries, breweries,
woodworking and wood processing plants, or biofuel processing.
AGRICULTURE
The use of land, buildings, structures, equipment, manure
processing and handling facilities, and farming practices which contribute
to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise or a hobby, and including
commercial horse boarding operations as defined in the Agriculture
and Markets Law (AML) Article 25-AA, § 301. This includes,
but is not limited to the following: orchards and vineyards, vegetable
crops, hops, greenhouse/nursery production of horticultural and floriculture
crops, greenhouse vegetable production, harvested agronomic crops
(corn, soybeans, small grains), hay and pasture, livestock and poultry
raised for food and fiber, and animals raised for recreation or sale
(e.g., horses, alpaca/llama), beekeeping, aquaculture (fish production),
silviculture (timber, firewood), agroforestry (forest farming) including
maple, energy production including energy from manure or biomass crops.
ALLEY
A narrow service street or passage less than 22 feet between
properties or buildings.
ALTERATION
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
ANIMAL HOSPITAL
A facility providing animal medical care and crematorium
services, run by a licensed Doctor of Veterinary Medicine (DVM). Animal
hospitals may allow overnight animal patients, but are not boarding
facilities.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television and microwave communication.
The frequency of these waves generally range from 10 hertz to 300,000
megahertz.
APARTMENT BUILDING
A purposefully designed and built structure containing two
or more dwelling units. Such structure may be the result of adaptive
reuse and complete rehabilitation of a nonresidential building.
APARTMENT COMPLEX
More than one apartment building designed or used solely
for residential purposes, detached from one another and grouped together
on a single parcel.
ARTIST STUDIO
A place where artists, artisans, craftsmen and skilled tradespeople
produce custom-made art or craft products, where they teach such skills,
and/or where they sell such art or products.
AUTO WRECKING
The dismantling or disassembling of used motor vehicles or
trailers or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
AUTO WRECKING YARD
A facility including buildings and land area where auto wrecking
occurs.
AWNING
A roof-like protective cover over a door, entrance, window
or sidewalk dining area that projects from the face of a structure
and is constructed of durable materials, including but not limited
to fabrics and/or plastics.
BAKERY, COMMERCIAL/WHOLESALE
An establishment engaged in the preparation and production
of baked goods for transport and sale off site. The limited retail
sale of baked goods may occur as an incidental or accessory use.
BAKERY, RETAIL
A commercial establishment engaged in the preparation and
production of baked goods for direct sale to the general public.
BAR
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food or snacks shall not entitle such
as a use to be considered a restaurant under other provision of this
chapter.
BED-AND-BREAKFAST
An accessory use of an owner-occupied dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, and containing not more than five bedrooms for such lodgers.
BERM
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
BREW PUB
A brew pub allows for the brewing of beer on-premises, as
well as on-premises sale of liquor, wine, and beer. A brew pub license
holder must have a bonafide restaurant, and may have up to five separate
locations. In accordance with New York State's Alcoholic Beverage
Control (ABC) Law, brew pub license holders may produce up to 5,000
barrels of beer per location per year, not to exceed an annual total
of 20,000 barrels across all locations. (Barrel: 31 US gallons.)
BREWERY
A commercial establishment for the manufacturing of malt
liquors, such as beer and ale. When located on a single site, this
definition shall include all activities associated with the preparation
of raw materials, the manufacture of product, and its packaging and
distribution.
BUFFER
A combination of physical space and vertical elements, such
as plants, berms, fences, or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
BUILDING COVERAGE
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings on a lot by the total area
of the lot upon which the buildings are located (including covered
porches, carports and breezeways but excluding open patios).
BUILDING HEIGHT
The vertical distance from the average elevation of the proposed
finished grade at the front of the building to the average height
of the highest roof surface.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 6-20-2019 by Ord.
No. 7-2019]
BUILDING PERMIT
A building permit issued by the City based upon plans that
comply with all applicable codes, statutes, laws, rules, regulations
and necessary approvals.
BUILDING SITE
That portion of the lot or parcel of land upon which a building
and appurtenances are to be placed or are already existing, including
adequate areas for yards, setbacks, sewage disposal, clearances, proper
drainage, appropriate easements, and, if applicable, the requirements
of other chapters of the Code of the City of Auburn.
BUILDING, ACCESSORY
A subordinate structure, the use of which is customarily
incidental to that of the principal building, and located on the same
lot as the principal building. Refer to "accessory structure."
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot
on which said building is located.
CANOPY
A multisided overhead structure or architectural projection
supported by attachment to a building on one or more sides.
CEMETERY
Land used or intended to be used for the burial of deceased
human beings and dedicated for such purpose, including crematories,
mausoleums or mortuaries when operated within its boundaries.
CERTIFICATE OF APPROPRIATENESS
An approval of any plans for alteration, construction, removal
or demolition of an historic structure of site within an historic
district.
CERTIFICATE OF COMPLIANCE
Official certification from the Code Enforcement Officer
acknowledging an acceptable use of land or structure in accordance
with this chapter.
CERTIFICATE OF OCCUPANCY
Official certification that a premises conforms to the provision
of the Zoning Ordinance, Building Code, and other applicable regulations,
and may be used or occupied.
COMMERCIAL KITCHEN
An establishment where space is leased or otherwise shared
by individuals for short periods of time to process, typically only
in small quantities and only periodically, the food that they grow
or produce, primarily for purposes of selling or distributing off-site.
The facility shall satisfy the requirements of the Cayuga County Health
Department for the preparation of food that will be sold or distributed
to the public.
COMMERCIAL MESSAGE or COMMERCIAL SPEECH
Any wording, logo or other visual representation that draws
the public's attention to a particular product to promote the product's
advertisement and/or sale. For the purpose of this chapter, the presence
of an economic motivation by the speaker shall be nondeterminative
evidence that the expression constitutes commercial speech.
CONFERENCE/CONVENTION CENTER
A large building designed to accommodate the gathering of
individuals and groups to promote and share a common interest. These
uses typically offer sufficient floor area to accommodate several
hundred or thousands of attendees, and may offer separate spaces such
as concert halls, lecture halls, meeting and conference rooms.
CONTRACTOR'S YARD
An enclosed parcel of land, structure(s) or a combination
thereof used for the storage of machinery, equipment and nonhazardous
materials required for construction.
CONVERSION
A change in residential occupancy of a residential building,
generally by alteration or by other reorganization as to increase
the number of families or dwelling units in a structure.
CULTURAL USE FACILITY/MUSEUM
Any building, room or area designed or utilized primarily
for the presentation to the general public of cinema, lectures, exhibits
of various art forms or exhibits of cultural, historic, academic or
scientific material.
CURB CUT
A point of ingress or egress that links a parcel of land
with a public way, and is an improved pavement with defined limits
pursuant to the design requirements of the entity claiming jurisdiction
of said public way.
DAY-CARE CENTER/DAY-CARE FACILITY
A place other than an occupied residence providing or designed
to provide day care for five or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see § 390,
1(c) of the Social Services Law of the State of New York.
DAY-CARE, FAMILY HOME
An occupied family residence providing day care for three
to six children for more than three hours per day. See § 390
of the Social Services Law of the State of New York.
DEAD-END STREET
A street or portion of a street with only one vehicular traffic
outlet.
DECK
A constructed platform other than a patio or terrace that
may be attached to a building and/or ground and is located in the
side or rear yard. A deck does not have a roof and is not enclosed.
Decks are considered a structure and shall conform to required lot
setback and coverage requirements, and conform to the New York State
Building Code and the New York State Residential Code.
DEED OR TRACT RESTRICTIONS
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
DEMOLITION
The act or process of wrecking, completely destroying or
removing an existing structure, or portion thereof, from a site.
DENSITY
The required land area for each dwelling unit (DU) within
a given parcel of land, such as a minimum density of square feet of
land area for each dwelling unit.
DESIGN REVIEW COMMITTEE
The Design Review Committee is responsible for reviewing
site plans for completeness, code compliance, issues of public health,
safety and welfare, and for developing recommendations regarding the
project proposal. The Design Review Committee shall be comprised of
representatives from City departments including Code Enforcement,
Corporation Council, Engineering, Fire, Planning and Economic Development,
Municipal Utilities and Police.
DESIGN STANDARDS
The compulsory standards as prescribed within this chapter
pertaining to the design and implementation of building and property
development within the City of Auburn.
DISTILLERY
A facility for the distillation of grains and fruits into
alcohol. This includes the manufacturing, bottling, and sale to a
wholesaler. The on-site sale of products is permitted.
DISTRIBUTION CENTER
A building or structure used primarily for the storage and
sale of goods which are intended for subsequent shipment to retail
or other commercial outlets.
DORMITORY
A building used to provide living quarters to persons for
monetary or other consideration in a manner similar to a hotel, but,
unlike the occupants of a hotel, the majority of persons residing
therein are not transients. A dormitory shall have a resident manager.
DRIVE AISLE
The primary access route connecting access drives and individual
parking spaces. Access lanes are a component of internal site circulation
owned and maintained by private interests and are not a public right-of-way.
DRIVE-THROUGH
An accessory use, typically associated with a bank or restaurant,
that is designed so that customers can be served while remaining in
their cars.
DRIVEWAY, RESIDENTIAL
A driveway is a private roadway providing access for vehicles
to a parking space, garage, dwelling, or other structure.
DRIVEWAY, SHARED
An area or areas on one or more private residential properties
providing access from a public or private road where the usage of
said access route is provided to three or fewer lots through an easement
agreement. Shared or common driveway access for greater than three
residential lots is defined as a road.
DRY-CLEANING FACILITY
An establishment used to clean articles or goods of fabric
to be subjected to the process of dry cleaning, dyeing or stain removal.
A dry-cleaning facility includes the cleaning of fabric on site using
the dry-cleaning process.
DRY-CLEANING OUTLET
An establishment used to collect and distribute articles
or goods of fabric to be subjected to the process of dry cleaning,
dyeing or stain removal, at an off-site dry-cleaning facility location.
DWELLING
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used, and includes any
appurtenances belonging thereto.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family.
DWELLING, SINGLE-FAMILY
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit. The
dwelling can consist of a modular home, or a lumber-constructed home
on a permanent foundation, cellar or basement.
DWELLING, SINGLE-FAMILY SEMIDETACHED
Two single-family dwelling units attached side to side, each
situated on a separate subdivision lot, sharing a party wall and capable
of individual sale and sharing common walls with the other.
DWELLING, TOWNHOUSE
A structure containing at least three attached single-family
dwellings. Each dwelling shares a common sidewall, and no dwelling
unit is entirely or partially above another. Each unit has its own
external street-facing entrance.
DWELLING, TWO-FAMILY
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and floor extending from exterior wall to
exterior wall.
EASEMENT
The authorization by property owner for use by another, for
a specified purpose, of any designated part of such property by legally
recorded instrument.
E-CIGARETTE
Electronically actuated device or inhaler meant to simulate
cigarette smoking that uses a heating element to vaporize a liquid
solution, popularly referred to as “juice,” and that causes
the user to exhale any smoke, vapor, or substance other than that
produced by unenhanced human exhalation. The juice used in e-cigarettes
typically contains nicotine, and for this reason e-cigarettes and
their juice can be classified as both tobacco products and tobacco
paraphernalia.
EQUIPMENT SALES, REPAIR OR RENTALS
The sale, repair and rental of supplies and equipment primarily
intended for homeowner use and minor residential gardening and construction
projects (e.g., lawnmowers, snow blowers, medium-duty construction
equipment such as rubber-tired backhoes, smaller dozers, and aerial
lifts), including the sale, installation and servicing of related
equipment and parts. This use classification does not include the
rental, storage or maintenance of large construction equipment, which
is included in the broader use classifications of vehicle and equipment
sales, repair and rentals.
EVERGREEN
A plant with foliage that persists and remains green year
round.
FAMILY
A household constituting a single housekeeping unit occupied
by one or more persons.
FARM PRODUCTS
Products that include fruits, vegetables, mushrooms, herbs,
nuts, shell eggs, honey or other bee products, flowers, nursery stock,
livestock food products (including meat, milk, cheese and other dairy
products), and fish. "Farm product" shall not include live animals.
FARMER'S MARKET, PERMANENT
A market at a fixed location and structure open to the public
at which:
A.
At least 75% of the products sold are farm products, value-added
farm products or hand-made goods and products; and
B.
At least 75% of the vendors regularly participating during the
market's hours of operation are producers, or family members or employees
of producers.
FARMER'S MARKET, TEMPORARY
Primarily outdoors at a temporary location, a recurring event
on designated days and times consisting primarily of agricultural
producers, at which:
A.
At least 75% of the products sold are farm products, value-added
farm products, or hand-made goods and products; and
B.
At least 75% of the vendors regularly participating during the
market's hours of operation are producers, or family members or employees
of producers.
FENCE
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall not include tennis court enclosures, backstops,
and similar structures.
FLAG
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
FLEA MARKET
A building, portion of a building, or open-air market area
where individual market stalls or spaces are provided (rented or leased)
for persons on a daily or other basis, to display, buy, sell, exchange,
or deal in new or used goods, inside the building or in a designated
open-air market area. A flea market shall not include such activities
when conducted by a church, school or other similar public service
organization, nor shall it include an antique store, junk store, auction
house or other similar business established on a permanent basis,
nor shall it include garage sales, yard sales, rummage sales or occasional
craft fairs and benefit sales.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building, measured from the interior face of exterior walls or
interior face of common walls.
FLOOR AREA RATIO
The ratio between total floor areas permitted in any district
and the total site area. The floor area of the building considered
for the computation of floor area ratio shall be restricted to those
levels above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
FOOD CART
An unpowered vehicle which can be pushed or pulled down a
sidewalk, street or highway, on which food is prepared, processed
or converted, or which is used in selling and dispensing food to the
ultimate consumer. This definition shall include push carts.
FOOD TRUCK
A motorized vehicle, registered and able to be operated on
the public streets of New York State, in which ready-to-eat food is
cooked, wrapped, packaged, processed or portioned for sale or distribution.
Food trucks shall not exceed 28 feet in length. This definition shall
not include vehicles engaged solely in the sale of ice cream and frozen
novelties.
FRONTAGE
That side of the lot nearest the street. A corner lot shall
be considered to have two such frontages.
FUNERAL HOME
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.
GARAGE SALE
The sale of personal property conducted in or near a residence,
under cover or partially under cover or completely outside of any
building, in the open. The term shall include garage sales, lawn sales,
porch sales, patio sales, rummage sales or other similar sales which
are advertised by a sign or other means, for the public to attend.
GARAGE, DETACHED RESIDENTIAL
A building or indoor space in which to park or keep a motor
vehicle which is disconnected from the primary structure and surrounded
completely or partially by open space. Refer to "accessory structure."
GARDEN CENTER
Establishments or places of business primarily engaged in
retail sales from the premises to the general public including trees,
shrubs, seeds, fertilizers, pesticides, plants and plant materials.
Such establishments typically sell products purchased from others,
but may sell material which they grow themselves.
GLARE
The illumination at all points one foot distant from a uniform
point source of one candle power. (Footcandle: a unit of illumination.)
GRADE, ESTABLISHED STREET
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
GRADE, FINISHED
The elevation at which the finished surface of the surrounding
lot intersects the walls and supports of a structure.
GREENHOUSE, COMMERCIAL
Establishments that raise nursery stock for sale to garden
centers, retail nurseries or other businesses.
GREENHOUSE, PERSONAL
An accessory structure, primarily of glass, in which temperature
and humidity can be controlled for the cultivation or protection of
plants, fruits or vegetables which is accessory to the main use of
the property. Personal greenhouses are considered an accessory use
and not to exceed 100 square feet in area.
GROSS FLOOR AREA (GFA)
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length, width and
number of stories of the facility.
HABITABLE FLOOR AREA
Floor area in a habitable space shall have a clear floor
to ceiling height of not less than 7 1/2 feet over an area having
no horizontal dimension of less than seven feet, except that, in one-
and two-family dwellings having sloping roofs, the minimum ceiling
height shall be 7 1/2 feet for at least 50% of the habitable
floor area. Any area where the height is less than five feet shall
not be considered habitable floor area.
HEALTH CLUB
An indoor facility provided for individual or group exercise
and recreational activities including aerobics, workout equipment,
calisthenics, weight training, running, swimming and court games,
and providing shower facilities and changing areas and may include
spas, gymnasiums, and incidental uses such as child-care facilities,
food service, and pro shops oriented to customers during their use
of the facility.
HEALTHCARE FACILITY, OUTPATIENT
A facility providing medical care, treatment and minor surgical
procedures for non-life-threatening injuries. Such facilities typically
operate for extended hours throughout the day and are utilized as
an alternative to traditional emergency departments at hospitals.
These facilities are not coincident with primary medical care providers
and are not considered medical offices.
HISTORIC DISTRICT
An area containing buildings or places in which notable historic
events occurred or having special public value because of notable
architectural or other features relating to the cultural or artistic
heritage of the area, of such significance as to warrant conservation
and preservation.
HOME OCCUPATION
A business, profession, occupation or trade conducted for
gain or support entirely within a residential building or a structure
accessory thereto, which is incidental and secondary to the use of
such building for dwelling purposes and which does not change the
essential residential character of such building.
HOMELESS SHELTER
An establishment primarily engaged in providing temporary
or transitional residential care, room, board supervision, information
and/or referrals to homeless persons voluntarily seeking such service.
HOSPITAL
An institution providing health services and medical or surgical
care, primarily for temporary inpatients, to persons suffering from
illness, disease, injury, deformity or other abnormal physical or
mental condition, and including as an integral part of the institution
related facilities such as laboratories, outpatient facilities or
training facilities.
HOTEL/MOTEL
A commercial establishment providing transient lodging, meals,
and other guest services. A hotel or motel establishment must have
a minimum of 15 individual guest rooms, which must have attached (en
suite) private bathroom facilities. A hotel/motel may or may not provide
internal hallway access to all guestrooms.
IMPERVIOUS SURFACE
Any roofed or other solid building structure or material
covering the ground through which water does not readily penetrate,
including but not limited to concrete, oil and stone, tar or asphalt
pavement, or compacted gravel.
IMPERVIOUS SURFACE COVERAGE
The ratio between impermeable surface and total land area
of a lot expressed as the percentage of land covered by impermeable
surfaces.
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of or manufacturing processes using flammable
or explosive materials or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
INN
A commercial facility for the housing of transient occupants,
containing less than 15 rooms. The facility may have an ancillary
use such as a restaurant or bar.
JUNK
Any and all secondhand and used machinery and scrap iron,
including automobiles, tools, implements or parts or portions thereof,
and any and all secondhand and used furniture or other personal property,
other than livestock, or parts or portions thereof.
JUNKYARD
A place where junk, waste, discarded, or salvaged materials
are bought, sold, exchanged, sorted, stored, baled, packed, disassembled,
handled, or abandoned; but not including pawnshops or establishments
for the sale, purchase, or storage of used furniture, household equipment,
clothing, used motor vehicles capable of being registered, or machinery
to be reused for the purpose for which originally manufactured.
KENNEL, COMMERCIAL
Any use on a lot, whether such use is primary or otherwise,
wherein more than three dogs, six cats, or combination thereof are
kept or maintained for any commercial purpose, including but not limited
to boarding, breeding, grooming, letting for hire, training for a
fee, or selling involving compensation, whether monetary or otherwise.
Notwithstanding the foregoing, the following facilities shall not
be deemed a kennel: animal grooming; animal hospital, unless engaged
in commercial boarding and/or breeding.
KENNEL, PRIVATE
Any use on a lot, whether such use is primary or otherwise,
wherein more than three dogs, six cats, or combination thereof are
kept or otherwise are allowed to reside for a purpose other than compensation
of any kind.
LANDSCAPED AREA
The area required or permitted to be devoted to landscaping
and environmental improvement, which may include existing and new
vegetation.
LAUNDRY, SELF-SERVE
A business that cleans clothing or which is equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers. Refer to Chapter
195 of the City of Auburn Municipal Code.
LOGO
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as are required
by this chapter, and having frontage on a public street.
LOT AREA
The computed area contained within the lot lines.
LOT DEPTH
The mean horizontal distance between the front and the rear
lot lines.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street right-of-way is called a side
street lot line.
LOT LINES
The property lines bounding the lot.
LOT OF RECORD
Any lot with an area, width or other dimension which is less
than prescribed for a lot in the district in which such lot is situated
if such lot is (i) under one ownership of record since the effective
date of the original City of Auburn Zoning Ordinance, or (ii) under
one ownership of record since the time of any amendment to the original
City of Auburn Zoning Ordinance which amendment changed the area,
width or other dimension requirements with respect to lots in such
district and which lot, except for such amendment, would have been
in all respects in conformance with the requirements of such original
Zoning Ordinance, or (iii) any lot shown on an approved subdivision
plat filed with the Cayuga County Clerk and not combined with any
other lot or parcel for the purposes of real property assessment at
any time following such filing.
LOT WIDTH
The width of the lot between side lot lines at the front
building line as prescribed by the front yard regulations.
LOT, CORNER
A lot situated at and abutting the intersection of two streets
having an interior angle of intersection not greater than 135°.
LOT, FLAG
Lots that the City has approved with less frontage in a public
street than is normal. The panhandle is an access corridor to lots
or parcels located behind lots or parcels with normal street frontage.
LOT, THROUGH
A lot, other than a corner lot, having access on two streets.
MAKERSPACE
An indoor facility intended to be used by artists as studio
and retail space. Makerspaces often combine production, equipment,
community, and education for the purposes of enabling participating
individuals to design, prototype, and create works that said individuals
would have difficulty producing if working alone due to a lack of
resources, tools, and/or space. Makerspaces may also include common
space such as galleries, meeting rooms, retail space, and open space
that encourages resident engagement and community involvement. Makerspace
shall not include any dwelling.
MASSING
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
MICROBREWERY/CRAFT BREWERY
An establishment where beer and malt beverages are made on
the premises and then sold or distributed, either to others with liquor
licenses or to the general public, if in possession of a brewer's
retail permit. May have a restaurant or an accessory tasting room
in or adjacent to the brewery, on whose premises sale of beer would
require an on-premises retail license. In accordance with New York
State's Alcoholic Beverage Control (ABC) Law, microbrewery license
holders may produce or brew up to 75,000 barrels of beer per year.
(Barrel: 31 US gallons.)
MICRODISTILLERY
A facility for the production and packaging of alcoholic
beverages in quantities not to exceed 12,000 gallons per year and
may include an accessory tasting room or other uses such as a restaurant,
bar, or live entertainment only as permitted in the zoning district.
MIXED-USE BUILDING
A development or redevelopment that allows for multiple uses
in a single structure or on a lot including, but not limited to, residential,
commercial, and industrial. A typical mixed-use structure would have
retail or offices on the first floor and offices, residences, and/or
studios on the upper floors.
MOBILE HOME
A structure, transportable in one or more sections, which,
in traveling mode, is eight body feet or more in width or 40 body
feet or more in length or, when erected on site, is 320 or more square
feet and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained herein.
MODULAR HOME
Any home constructed of premade parts and unit modules that
are transported on a flatbed truck from the factory to the building
site where they are permanently anchored onto a foundation. Modular
homes are subject to the local building codes where they are constructed.
Modular homes are subject to the regulations of whichever style of
home they are designed to be, i.e. single-family home, multifamily
home, etc.
MOTOR VEHICLE REPAIR STATION
A lot, including structures thereon or parts thereof, that
is used for engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electric work, tune-ups and all other
vehicle repair services not specifically listed in the definition
of "motor vehicle service station."
MOTOR VEHICLE SALESROOM/RENTALS
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
Also includes facilities which provide for the storage and rental
of vehicles on a regular basis by the general public, including automobiles,
vans, and motorcycles. Typical uses include automotive dealership
and auto rental agencies. No fuel sales shall be part of such an establishment.
MOTOR VEHICLE SERVICE STATION
A lot, including structures thereon or parts thereof, that
is used for the sale of motor fuels dispensed from pumps and motor
vehicle accessories and supplies. Permitted accessory uses may include
facilities for washing vehicles and/or the retail sale of convenience
items, including but not limited to snacks and beverages, provided
such accessory uses are located indoors. Motor vehicle body work,
major structural repair or painting by any means are not to be considered
permitted accessory uses.
MOTOR VEHICLE WASH
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
MOVIE THEATER
A building containing one or more screens on which motion
pictures are projected for recreation purposes. A "movie theater"
does not include theaters that show pornographic or other adult-oriented
motion pictures.
MURALS
A hand-painted, hand-tiled, or digitally printed image which:
A.
Is on the exterior wall of a building located on private property;
B.
Is visible from a City park, sidewalk, street or other right-of-way;
C.
Does not contain any commercial message; and
D.
Does not fit within the purview of the City's sign regulations as described in Article
V, Sign Regulations.
MUSEUM
Refer to "cultural facility/museum."
NIGHTCLUB
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages
are served subject to the regulatory authority of the New York State
Liquor Authority, and where the provision of entertainment is the
primary activity. Entertainment includes music by a live musician
or musicians, or any mechanical, electronic, or other means such as
records, laserdiscs, audio, video, or other audio or audio-visual
means, including operation as a motion-picture theater; acting, play
performances, theater performances, dinner theater, revue pantomime,
scene, dance, act, or song-and-dance act participated in by one or
more employees, guests, customers, or other person or persons; or
dancing by guests, customers, or any other person or persons. Background
music, provided in accord with the City's noise regulations, shall
not be considered as a form of entertainment.
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure, other than a sign, lawfully existing
on the effective date of this chapter, or any amendment to it rendering
such building or structure nonconforming, which:
A.
Does not comply with all of the regulations of this chapter,
or any amendment hereto, governing parking or space and bulk requirements
for the zoning district in which such building or structure is located;
B.
Is located on a lot which does not or is so located on a lot
as not to comply with the yard requirements for the zoning district
in which such building or structure is located; or
C.
Both Subsection
A and
B, except any building containing one or more dwelling units in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
NONCONFORMING LOT OF RECORD
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
NONCONFORMING USE
Any use lawfully being made of any land, building or structure,
other than a sign, on the effective date of this chapter, or any amendment
to it rendering such use nonconforming, which does not comply with
all the regulations of this chapter, or any amendment hereto, governing
use for the zoning district in which such land, building or structure
is located.
NOXIOUS USE
Any use which is continuously or regularly offensive or injurious
by reason of the emission of excessive amounts of dust, smoke, refuse
matter, odor, gas, fumes, noise or vibration.
OFFICE
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional or medical business, in
part or in whole, will be classed as an office.
ON-SITE INFORMATIONAL SIGN
A sign commonly associated with, and limited to, information
and directions necessary or convenient for persons coming on the property,
including signs and symbols of handicapped accessibility, as required
by Part 1100, Section 1100.9, of the New York State Uniform Fire Prevention
and Building Code, and signs marking entrances and exits, parking
areas, one-way drives, rest rooms, pickup and delivery areas and the
like.
OPEN SPACE
An area or areas of a lot, including required yards, which
are:
A.
Open and unobstructed from ground to sky, except by facilities
specifically designed, arranged and intended for use in conjunction
with passive or active outdoor recreation or relaxation.
B.
Landscaped, maintained or otherwise treated to create a setting
appropriate to recreation or relaxation.
C.
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores it is intended or required
to serve.
OUTDOOR SEATING
A removable extension of an established retail shop or small
food shop such as bakeries and coffee shops, consisting of movable
tables, chairs and benches that are arranged directly upon the sidewalk
paving. All sales and service shall take place inside the establishment
retail business or restaurant.
OUTDOOR STORAGE
Commercial and industrial storage outside the confines of
an enclosed structure of any equipment or materials in usable condition
which are not being specifically displayed as merchandise or offered
for sale. Outdoor storage shall not be construed as a self-service
storage facility.
OVERLAY DISTRICT
A zoning district not independently mapped on the Zoning
Map but that exists in conjunction with and provides alternative or
additional regulations applicable to the primary underlying zoning
district shown on the Zoning Map. An overlay district's boundaries
shall be described within the text of the provisions of the article
or any amendment to the article establishing the same.
PARKING AREA OR LOT
Any place, lot, parcel, or yard used in whole or in part
of storing or parking four or more motor vehicles under the provision
of this chapter.
PARKING FACILITY
Any use of land as a stand-alone operation or in conjunction
with another permitted use for the commercial parking of vehicles.
The term "vehicle" includes all passenger vehicles, highway recreational
vehicles and non-highway recreational vehicles. Motor vehicle parking
facilities differ from outdoor storage facility in that the time period
for use is typically 24 hours or less.
PARKING SPACE
An off-street space available for parking one vehicle and
which minimum dimensions are nine feet wide and 18 feet long, not
including maneuvering area and access drives.
PARKING, SHARED
A legally binding agreement between two or more property
owners to provide for the shared utilization of an aggregate number
of parking spaces that collectively meets the parking needs of each
party.
PATIO/TERRACE
An improved or graded area located on the ground with no
structural supports other than subsurface base material and retaining
walls. The concrete or other paved areas around a swimming pool which
is the pool apron is considered a terrace/patio. A patio or terrace
shall be flush to the ground with no air spaces beneath.
PAWN SHOP
A business licensed through Cayuga County and in conformance
with the current version of New York General Business Law Article
5, §§ 40 and 41 for collateral loan brokers that lends
money based upon the security of pledged goods left in pawn, or is
in the business of purchasing tangible personal property to be left
in pawn on the condition that it may be redeemed or repurchased by
the seller for a fixed price within a fixed period of time.
PEDESTRIAN CONNECTION OR ACCOMMODATION
An improved pathway at least five feet in width devoid of
obstructions or hazards and intended for use by pedestrians to commute
between destinations, including but not limited to buildings, structures,
parks and open spaces, parking areas, the sidewalk system or other
walkways.
PERMEABLE SURFACE
A surface which prevents sheet flow or ponding of surface
waters and allows for the transmission of surface water flows through
the substance into underlying material.
PERMITTED USE
Any use permitted under the provisions of the district in
which the land, building or structure is located.
PLACE OF WORSHIP
A building and, where applicable, its accessory buildings
and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain
public worship.
PLAT
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
PLAT OR PLAN, FINAL
A drawing in final form containing all information or details
required by law and by these regulations to be presented to the Planning
Board for approval and which, if approved, may be duly filed or recorded
by the applicant in the office of the County Clerk.
PLAT OR PLAN, PRELIMINARY
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article
VI, Site Plan Review, of this chapter, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
PLAY STRUCTURE
A recreational structure such as a treehouse, playhouse,
or prefabricated play equipment, located at grade or elevated, not
intended for habitation and without amenities such as electricity
or plumbing.
PORCH
A roofed open space open along two or more sides serving
to shelter an entrance and provide a private outdoor space to a residence.
Porches are attached to a building and located in the front, side
or rear of the structure.
PRIVATE CLUB
A nonprofit social organization whose premises are restricted
to its members and their guests.
PROHIBITED USE
Any use which is not listed as a permitted, special, or accessory
use in the Schedule of Use Regulations shall be considered a "prohibited
use."
PUBLIC REALM
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys and parks, as well
as the interior and areas surrounding public buildings.
PUBLIC REALM AMENITY
Structures or improvements open to the general public and
intended to strengthen the urban fabric and enhance the pedestrian
experience, such as, but not limited to, sidewalks, landscaped open
spaces, public seating, public art, gathering spaces and crossing
aids.
PUBLIC SEWER AND/OR WATER FACILITIES
A sewage disposal system or water supply and distribution
system operated by a municipality; a sewage disposal system or water
supply and distribution system authorized for public use, whether
for a residential subdivision, or for commercial, industrial or manufacturing
buildings, and approved by the New York State and/or the City of Auburn
Department of Municipal Utilities, Cayuga County Departments of Health,
the Department of Environmental Conservation, and any other governmental
agency having jurisdiction thereof.
PUBLIC UTILITY
Infrastructure and services that supply an everyday necessity
to the public at large, such as public water and/or public sewer facilities,
electricity, natural gas, and telecommunications. A public utility
may be owned and operated by a municipality or a private entity, or
a combination thereof.
PUBLIC WAY
All areas legally open to public use, such as public streets,
sidewalks, roadways, right-of-way, highways, parkways, alleys, and
parks, as well as the interior and areas surrounding public buildings.
PUBLIC/SEMIPUBLIC USE
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
C.
Public parks, playgrounds and recreational areas when authorized
or operated by a governmental authority.
D.
Schools, specifically elementary, secondary or college.
F.
Not-for-profit fire, ambulance and public safety buildings.
RECREATION, INDOOR COMMERCIAL
A commercial recreational use conducted entirely within a
building for activities such as an arcade, arena, bowling alley, gymnasium,
skating rink, swimming pool, or raquette ball and tennis court.
RECREATION, OUTDOOR COMMERCIAL
A recreational use conducted outside of a building including
athletic fields, miniature golf, skateboard park, swimming, bathing,
wading and other therapeutic facilities, splash pads and spray parks,
tennis, handball, basketball courts, batting cages, and trampoline
facilities.
RESIDENTIAL CARE FACILITY
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing long-term lodging and varying amounts
of custodial care for four or more persons by reason of them being
elderly, handicapped, bedfast, chronically ill, impaired, convalescing
and/or needing such care, but not including hospitals, clinics or
similar institutions devoted primarily to the diagnosis and treatment
of disease or injury and/or providing surgical and obstetrical services
or asylums for the insane. This term includes boarding and rooming
houses for aged people, nursing homes, homes for adults (rest homes),
homes for the aged and handicapped, convalescent homes for children,
homes for the elderly, homes for prenatal care and the like.
RESIDENTIAL PROPERTY
Any lot that currently contains only residential uses, regardless
of zoning district.
RESTAURANT
As defined by the New York State Liquor Authority under ABCL § 3(27),
"restaurant" shall mean a place which is regularly and in a bona fide
manner used and kept open for the serving of meals to guests for compensation
and which has suitable kitchen facilities connected therewith, containing
conveniences for cooking an assortment of foods, which may be required
for ordinary meals, the kitchen of which must, at all times, be in
charge of a chef with the necessary help, and kept in a sanitary condition
with the proper amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the local department
of health.
RESTAURANT, QUICK SERVICE
A specific type of restaurant without a drive-through, characterized
both by its cuisine and minimal table service. Food is offered from
a limited menu; may be cooked in bulk in advance and kept hot; is
finished and packaged to order; and is usually available ready to
take away.
RETAIL, BIG BOX
A single large retail establishment covering over 35,000
square feet that draws customers from a large area and is typically
surrounded by parking lots.
RETAIL, GOODS AND SERVICES
Any building or structure in which one or more articles of
merchandise, commerce or services are provided, including, but not
limited to, department stores, banks, book stores, day spas, salons,
insurance sales, clothing and accessory stores, grocery stores, pharmacies,
and boutique/gift shops.
RIGHT-OF-WAY
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
ROADSIDE STAND
A temporary or permanent accessory structure, wagon or trailer
up to 100 square feet in size located on private property which shall
be limited to the sale of farm, garden, or other products built or
created on-site.
ROOF
The exterior covering on the uppermost part of a building,
with the primary purpose to protect the building and its contents
from the effects of weather.
SATELLITE DISH
A structure attached to the ground or any other structure
built or intended for the purpose of the reception of any transmission
transmitted or relayed from an earth satellite. The term "ground dish"
as used in this chapter is synonymous with satellite dish.
SCHOOL, PRIVATE
A school established by a nongovernmental organization supported
by private funds for the purposes of providing education.
SCHOOL, PUBLIC
Any elementary or secondary school supported by public funds
and providing free education for children of a community or district.
SCREEN
A method of reducing the impact of noise and unsightly visual
intrusions with less offensive or more harmonious elements, such as
plants, berms, fences, walls, or any appropriate combination thereof.
SEATS
For the purpose of determining off-street parking requirements,
the seating capacity of a particular room or a hall in a building,
as determined by the specifications and plans, whether fixed or removable
seating; in the event that individual seats are not provided, each
20 inches of benches, bleachers, pews or similar seating accommodations
shall be considered as one seat for the purpose of this chapter.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual, compartmentalized,
controlled access stalls or lockers for the storage of customers'
goods or wares.
SETBACK, FRONT
The least required horizontal distance between the front
lot line and the principal building measured at the shortest point.
On waterfront lots which border water on one or more lot lines, the
lot line on the road front is considered the principal front lot line.
SETBACK, REAR YARD
The least required horizontal distance between the rear lot
line and the principal building measured at the closest point.
SETBACK, SIDE YARD
The least required horizontal distance between the side lot
line and the principal building measured at the closest point.
SHADE TREE
Usually a deciduous tree, rarely an evergreen, planted primarily
for its high crown of foliage or overhead canopy.
SHED
Refer to "accessory structure."
SHORT-TERM RENTAL
An accommodation for transient guests where, in exchange
for compensation, a residential dwelling is rented for lodging for
a period of time not to exceed 30 consecutive days. Such use may or
may not include an on-site manager. For the purposes of this definition,
a residential dwelling shall include all housing types and shall not
include hotel/motels, bed-and-breakfasts, or inns.
SHRUB
A woody plant, smaller than a tree, consisting of several
small stems from the ground or small branches near the ground. It
may be deciduous or evergreen.
SIDEWALK DINING
An area designated of public sidewalk where patrons may sit
at tables while consuming food and beverages ordered from and served
by wait staff.
SIDEWALK RETAIL
Retail displays located on sidewalks in the public right-of-way
that are clearly accessory to, or a promotion of, the use located
in the abutting building.
SIGN
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any structure or surface,
but not including signs placed or erected by the City of Auburn for
public purposes.
SIGN AREA or SIGN SURFACE AREA
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed.
SIGN PERMIT
No sign shall be hereafter erected, placed or maintained at any place in the City of Auburn except as provided Article
V, Sign Regulations, and only after a permit therefor has been obtained in compliance with the provisions of Article
V, Sign Regulations, unless stated otherwise.
SIGN, AWNING
A sign on which graphics or symbols are painted, sewn, or
otherwise attached to the awning material as an integrated part of
the awning itself.
SIGN, BILLBOARD
Any sign in excess of 100 square feet advertising a person,
place, event, product, business or other matter which is remote from
the site or property upon which the sign is erected or displayed.
SIGN, CANOPY
A sign affixed to the face, on top, or below the surface
of an attached canopy.
SIGN, DIRECTIONAL
Any sign indicating the location of or direction to a person,
place, event, product, business or other matter which is remote from
the site or property upon which the sign is erected or displayed.
SIGN, ELECTRONIC MESSAGE
Any sign, or portion of a sign, that uses changing lights
to form a sign message or messages where the sequence of messages
and the rate of change is electronically programmed and can be modified
by electronic processes.
SIGN, FREESTANDING BRACKET
Freestanding blade sign, not considered a pole sign, that
hangs from a bracket permanently affixed to a post that is separate
from a building.
SIGN, HOLIDAY DECORATION
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
SIGN, ILLUMINATED (DIRECTLY)
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
SIGN, ILLUMINATED (INDIRECTLY)
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
SIGN, MARQUEE
Any permanent architectural canopy projecting over the entrance
to an establishment, and any signage or message display thereon.
SIGN, MONUMENT
A sign attached to the ground along its entire length upon
a continuous pedestal.
SIGN, PLAZA DIRECTORY
A sign listing the tenants or occupants of a commercial plaza
and that may indicate their respective professions or business activities.
SIGN, POLE
A sign that is mounted on a freestanding pole or other supports
so that the top edge of the sign face is more than eight feet above
grade.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election
or caucus.
SIGN, PORTABLE
A sign that is not permanently affixed to a building, a structure
or the ground, but not including identification lettering on vehicles
and advertising on buses.
SIGN, PROJECTING
Any sign that is attached to the building facade at a ninety-degree
angle, extending more than 12 inches from the wall. It may hang from
a bracket and it may be two- or three-dimensional.
SIGN, ROOF
Any sign erected on or affixed to a building or structure
which extends, in whole or in part, above the roof line.
SIGN, SIDEWALK
A moveable sign not attached to the ground or building with
two or more steeply angled sides.
SIGN, TEMPORARY
A sign erected for a limited time and not permanently affixed
to the ground, a building or other fixed object or surface. Temporary
signs include, but are not limited to, contractor's signs, realty
sales or rental signs, special event signs, banners for charitable
events or residential event signs.
SIGN, TENANT/SHOPPING CENTER IDENTIFICATION SIGN
A sign which serves as a common or collective identification
for two or more commercial, business or industrial uses sharing an
office, plaza, shopping center, industrial park or the like and which
is located on such premises.
SIGN, VEHICLE
Signs displayed on licensed and registered motor vehicles
which are used in conjunction with a business.
SIGN, WALL
A sign placed against a building and attached to the exterior
wall, so that the display surface is parallel with the plane of the
wall.
SIGN, WINDOW
A sign affixed to the inside of a window or door, or a sign
placed inside a building within 12 inches of such window or door and
is visible and legible through a window or door.
SITE PLAN
A rendering, drawing, or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design of the proposed use of a
single parcel of land as shown on said plan.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
SOLAR ENERGY SYSTEM, LARGE-SCALE
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
[Added 6-20-2019 by Ord.
No. 7-2019]
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
SPECIAL USE
A use which is deemed desirable for the public welfare within
a given district or districts, which is potentially incompatible with
other uses provided therein. The use shall therefore be subject to
approval by the City Planning Board and to conditions set forth for
such use as well as the other applicable provisions of this chapter.
SPECIAL USE PERMIT
A permit provided by the City Planning Board for a use requiring
review, for uses that are not permitted expressly in a district but
are listed as requiring a special use permit.
SPECIMEN TREE
A particularly impressive or unusual example of a species
due to its size, shape, age, or any other trait that epitomizes the
character of the species.
STOOP
An exterior stair or landing area that may be covered or
uncovered and is less than 18 inches in height, four feet in width,
and three feet in depth provided from the street front to an elevated
first story. An area that exceeds any of these dimensions shall be
considered a porch or deck.
STORY
The portion of a building which is between one floor level
and the next higher floor level or the roof.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than four feet above the floor of such story.
STREET, MAJOR
A street that 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-generating areas.
STREET, MINOR
A street intended to serve primary access to abutting properties.
STRUCTURE
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with anything constructed
or erected with a fixed location on or in the ground, exclusive of
vegetation, boundary walls, fences, mailboxes, lampposts, bird houses,
or similar construction. The term includes but is not limited to structures
temporarily or permanently located, such as decks, satellite dishes,
communications systems, pools, ponds, etc.
SWIMMING POOL, PRIVATE
Any structure above or below ground, outside of a building
with the designed capacity of more than 18 inches of water depth which
is intended for recreational purposes, and including all appurtenant
decks, walks and equipment constructed, installed and maintained in
or above the ground outside of the principal structure to which the
pool is accessory.
SWIMMING POOL, PUBLIC
Any structure above or below ground designed for capacity
of more than 18 inches of water depth. The structure may be a publicly
or privately owned pool and open to the general public or on a membership
basis and having appropriate dressing room facilities, recreation
facilities and off-street parking area.
TASTING ROOM
A commercial establishment allowing beer/wine tasting with
on-site and off-site retail sales directly to the public (or shipped).
The tasting room facility must be directly affiliated with a minimum
of one brewery/winery and meeting the requirements of the Alcoholic
Beverage Control (ABC) appropriate license type. The tasting room
may be operated within a brewery, brew pub, microbrewery, microdistillery,
winery, or distillery facility or as a stand-alone retail use. A tasting
room shall be subject to the use and parking standards of a bar.
TAXI DISPATCH STAND
An office establishment where taxi cabs are temporarily in
queue during operation and from which they are dispatched. Taxi cab
body work, major structural repair, vehicle painting, and the overnight
storage of any taxi cab vehicle shall be considered outdoor storage
and permitted only in industrial districts.
TELECOMMUNICATION ANTENNAS, PRIVATE
Antennas intended for customer-end applications designed
to receive direct broadcast satellite service, to receive or transmit
fixed wireless signals, to receive video programming services via
broadband radio service, to receive local television or radio broadcast
signals.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
TELECOMMUTE
Performing job-related requirements using telecommunications
to transmit data and textual messages to the central organizational
office without being physically present.
TEMPORARY OUTSIDE SALES
Selling of retail items outdoors for a limited amount of
time for events such as sidewalk sales, open markets, art displays,
and festivals.
TEMPORARY PORTABLE STORAGE UNITS
Any container, storage unit, box-like container or portable
structure which resembles and functions in the same way as a traditional
shipping container is a temporary portable storage unit and not a
structure even when affixed to a permanent foundation.
TEMPORARY USE
One established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
TENANT
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
TINY HOUSE
A principal residential dwelling that has a square footage
of between 320 square feet and 600 square feet. Each tiny house shall
meet the New York State Building Code and must include basic functional
areas that support normal daily routines (such as cooking, sleeping,
and toiletry).
TINY HOUSE CLUSTERS
An area of land that has four to 12 tiny houses. Each tiny
house cluster must also have a centralized common area no less than
400 square feet per tiny house.
TOBACCO
Preparation of the nicotine-rich leaves of the tobacco plant,
which are cured by a process of drying and fermentation for use in
smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing,
or ingesting by any other means into the body.
TOBACCO PARAPHERNALIA
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco, tobacco products, or other controlled
substances. Items or devices classified as tobacco paraphernalia include
but are not limited to the following: pipes, punctured metal bowls,
bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice,
buzz bombs, vaporizers, hookahs, and devices for holding burning material.
Lighters and matches shall be excluded from the definition of tobacco
paraphernalia.
TOBACCO PRODUCT
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from the tobacco plant, or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine
in the product, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means. For the purposes
of this chapter, the term “tobacco product” excludes any
product that has been specifically approved by the United States Food
and Drug Administration (FDA) for sale as a tobacco/smoking cessation
product or for other medical purposes, where such product is marketed
and sold solely for such an approved purpose.
TOW TRUCK OPERATION
A facility that dispatches tow trucks for hire with no automotive
storage area for impounded vehicles.
TOWING AND IMPOUNDMENT YARD
The temporary storage of vehicles that have been towed, carried,
hauled, or pushed from public or private property for impoundment
in a public or private impoundment yard. This use does not include
"motor vehicle repair" or "motor vehicle service station," "uutdoor
storage," or "auto wrecking yard."
TRANSPARENCY
The minimum percent of windows and doors that must cover
a building facade. The ground story is measured between two and 12
feet above the sidewalk. Applies to primary and side streets only.
Windows cannot be opaque.
URBAN AGRICULTURE
The use of a lot for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics, as well as related agricultural products. Such use may not include the accessory keeping of farm animals as prohibited by §
104-5 of the City of Auburn Ordinance.
URBAN FARM
A ground-level area less than one acre that is used as an
accessory to commercial purposes, whether for profit or nonprofit.
VARIANCE
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of reasonable
use of the land or structures. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconvenience or
a desire to make more money.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
VENDOR
Any individual, including an employee or agent of a group
of individuals, partnership or corporation, who sells or offers to
sell food, beverages, goods or merchandise on any public way from
a pushcart, stand, motor vehicle, or from his or her person.
WATERWAY
Any water area providing access from one place to another,
primarily a water area providing a regular route for water traffic.
WHOLESALE ESTABLISHMENT
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
WINERY
The commercial processing of grapes or other fruit products
to produce wine or similar spirits or the refermenting of still wine
into sparkling wine. Processing consists of controlled fermentation
combined with any of the following: crushing, blending, barrel aging,
and bottling. Storage of case goods shall only occur in conjunction
with processing.
WIRELESS TELECOMMUNICATIONS FACILITY
Includes a structure, facility or location designed or intended to be used as, or used to support, antennas or other transmitting or receiving devices. Refer to Code of the City of Auburn Chapter
300, Wireless Telecommunication Facilities.
YARD
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground
upward except as specified elsewhere in this chapter.
YARD, FRONT
An open space extending the full width of the lot between
a building and the front lot line.
YARD, REAR
An open space extending the full width of the lot between
a building and the rear lot line.
YARD, SECONDARY FRONT
Any lot having frontage on more than one street, the orientation
of the front or main door of the principal structure, as determined
by the address assigned by the City, shall establish a primary front
yard and all other front yards shall be considered secondary front
yards.
YARD, SIDE
An open space extending from the front yard to the rear yard
between a building and the nearest side lot line.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the City of Auburn as provided
for in Article 5-A § 81, of the General City Law. The Board
consists of seven members appointed by the Mayor.
ZONING DISTRICT
The classification of lands as established in this chapter
and by the Zoning Map.
ZONING MAP
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprises this chapter.