When used in this chapter, the following words and terms shall have the following meanings unless the context otherwise requires:
ACCESSORY APARTMENTA secondary self-contained dwelling unit located within a one-family residence, which secondary unit is subordinate in location, and appearance to the primary unit, and which secondary unit includes kitchen, sleeping, and bathroom facilities, does not exceed 50% of the floor area of the primary dwelling unit, and has a minimum floor area of 350 square feet. A one-family residence with a secondary self-contained accessory apartment is identified by the Tompkins County Department of Assessment as a "two family residence."
ACCESSORY BUILDINGA detached building subordinate and incidental to the principal building on the same lot and used for purposes customarily accessory to those of the principal building.
ACCESSORY USEAn activity or land use found on the same lot as a principal land use that is incidental to, subordinate to, and customarily associated with the principal land use.
ADULT CARE FACILITYAn establishment that for compensation provides residential care and services to adults who, by reason of choice, physical, or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently or choose not to live independently. Such establishment includes an adult care facility as defined in the New York
Social Services Law which has received and continues to maintain a validly issued operating permit as an adult care facility from the New York State Department of Social Services or the Tompkins County Department of Social Services. Such definition also includes retirement homes and communities which provide residences for the elderly with some supportive services.
An establishment that for compensation provides day-care services to adults who, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently without supervision.
ADULT HOMEAn adult care facility established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care, and supervision to five or more adults unrelated to the operator and complying with the standards contained in the New York State Social Services Law §
487.
A. As applied to a building or structure:
(1) An enlargement by increasing in height or by extending on a side, front, or back;
Moving from one location or position to another;
Any change to, addition to, or removal of the structural parts; or
Any change to, addition to, or removal of partitions, or any change in walls, ceilings, windows, or doors.
The term "alter," in its various modes and tenses and its participial form, refers to the making of an alteration.
BANKFULLThe condition where streamflow just fills a stream channel up to the top of the bank and at a point where the water begins to flow over its bank.
BASEMENTThat space of a building where the floor is partly or entirely below grade, which has at least 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.
BED-AND-BREAKFASTA building originally built and used as a residence other than a hotel or motel in which accommodations for transients are regularly offered for compensation and which accommodations include provision of no more than one meal daily, and the entire service, food and lodging are included in a single, per diem rate.
BERMA mound of earth used for decorative, screening, or buffering purposes.
BLOCKAn area of land bounded on all sides by streets, rights-of-way, water bodies, and/or other well-defined geographic features.
BOARDINGHOUSEA multiple dwelling or other residential structure in which lodging facilities and meals are supplied for compensation, over an extended period of time, and where there are no single overnight stays by transient guests. The term "boardinghouse" shall include "rooming house," "furnished room house," and "tourist house." This term shall not include "fraternity," "sorority," "student dormitory," "student cooperative," or "bed-and-breakfast."
BUILDINGAny structure used for, or intended for supporting or sheltering, any use or occupancy.
BUILDING CODEThe New York State Uniform Fire Prevention and Building Code (9 NYCRR Part
600 et seq.), as amended from time to time, and any successor regulations, laws, or codes.
A certificate issued by the municipal official charged with the enforcement of the Uniform Fire Prevention and Building Code (Building Code) in the municipality that must be issued before activities such as construction, alteration, or expansion of buildings or improvements on the land may legally commence.
CARPORTA one-story roofed structure permanently open on one or more sides and designed for and used for occupancy by a motor vehicle.
CATERERA person or enterprise that for compensation prepares food for consumption predominantly at premises other than the location of the business.
CELLARThat space of a building where the floor is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.
CERTIFICATE OF OCCUPANCYA certificate issued by the municipal official charged with the enforcement of the Uniform Fire Prevention and Building Code (Building Code) in the municipality that certifies that a building was completed in accordance with approved construction plans, meets provisions of local zoning law, conforms to the Building Code, and allows it to be occupied.
CHILD DAY CARECare for a child provided for compensation on a regular basis away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of such child. A relative within the third degree of consanguinity of the parent or stepparent includes: the grandparents of the child; the great-grandparents of the child; the great-great-grandparents of the child; the aunts and uncles of the child, including the spouses of the aunts and uncles; the great-aunts and great-uncles of the child, including the spouses of the great-aunts and great-uncles; the siblings of the child; and the first cousins of the child, including the spouses of the first cousins. Child day care does not include care provided in a summer day camp, traveling summer day camp or children's overnight camp as defined in the State Sanitary Code; a program for school-age children operated solely for the purpose of religious education, sports, classes, lessons or recreation; a facility providing day treatment under an operating certificate issued by the Office of Mental Health or by the Office for People with Developmental Disabilities; or a kindergarten, prekindergarten or nursery school for children three years of age or older, or a program for school-age children conducted during non-school hours, operated by a public school district or by a private school or academy which is providing elementary or secondary education or both in accordance with the compulsory education requirements of the
Education Law, provided that such kindergarten, prekindergarten, nursery school or program is located on the premises or campus where the elementary or secondary education is provided.
A program or facility, but not a residence, licensed by and operated in accordance with 18 NYCRR Part
418 of the New York State Department of Social Services, in which child day care is provided on a regular basis to more than six children for more than three hours per day per child, and which is not a school, family day-care home, or group family day-care home. (See also "family day-care home," "group family day-care home.")
A building or premises used exclusively by members of an organization and their guests which building or premises is devoted to recreational or athletic purposes, not primarily conducted for gain, and not including commercial and merchandising activities for other than its own members.
CLUSTER DEVELOPMENTThe modification of a subdivision of land where limited deviations from the regulations of the zoning district in which it is located are permitted in order to preserve open space or the natural and scenic quality of the remainder of the land.
COMMERCIAL VEHICLEAny vehicle, conveyance, or piece of mechanized equipment which is used to further any business, trade, profession or employment, and which meets any one or more of the following criteria:
A. There is affixed on it any writing or logo that designates an affiliation with any business, trade, profession, or employment;
It is used to store in a manner or place that is visible from outside of the vehicles any tools, equipment, accessories, or other things used to further any business, trade, profession, or employment;
It is used to transport persons, their luggage, and/or their animals, or other materials for any kind of fee or charge;
Its length is more than 18 feet;
Its width is more than seven feet;
It has a mechanized dumping capability;
It has a plow blade or plow-blade frame or other device attached thereto, or a plow blade or other device is stored together with the vehicle on the same premises.
COMPLETE STREETSA transportation policy and design approach in which streets and street rights-of-way are designed, built, and operated to enable safe access and movement for all users, including pedestrians, bicyclists, motorists, and public transportation riders of all ages and abilities.
COOP, CHICKENAn enclosed, raised structure for housing and sheltering chickens that is designed to be predator-proof, ventilated, watertight, and easily cleaned, with a minimum of four square feet per chicken and a maximum size of 30 square feet.
[Added 8-21-2018 by L.L. No. 7-2018]
An angled cut in a curb that permits vehicular access from a street to a driveway, garage, parking lot, or loading dock.
CURBLINEThe edge of a roadway clearly defining the pavement edge.
DECKA horizontal, exterior, typically roofless platform adjoining a house or building that is frequently made of lumber and elevated above the finished grade of the underlying ground. A deck the surface of which is over two feet above the surface of the underlying ground as finally graded shall be included in computing lot coverage.
DIAMETER AT BREAST HEIGHT (DBH)Tree trunk diameter measured in inches at a height of four feet six inches above the finished grade at the base of the tree.
DISABILITY GLAREGlare resulting in reduced visual performance and visibility such as that caused by scattered light (stray light) originating from a bright source and resulting in degradation of retinal image contrast.
DRIVE-THROUGH OR DRIVE-IN FACILITYAn establishment or facility that, by design of physical facilities, permits customers to receive a service or obtain a product (including food) while remaining in a motor vehicle on the premises.
DRIVEWAYAn area on a lot designed or used to provide a means of access for the passage of motor vehicles to and from a street or way to the interior of a lot.
DWELLING UNITA single living unit providing kitchen, sleeping, and bathroom facilities for one or more persons.
EASEMENTThe grant by a property owner to the public or a person or persons of the use of a defined parcel of land for a specific purpose.
ENVIRONMENTAL IMPACT STATEMENT (EIS)A written "draft" or "final" document prepared in accordance with the State Environmental Quality Review Act. A draft EIS (DEIS) is the initial statement prepared by either the project sponsor or the lead agency and circulated for review and comment before a final EIS (FEIS) is prepared.
EXCLOSURE FENCEA fence that is designed and used to prevent animals from obtaining access to individual plantings or small groups of plants, flowers, gardens, lawn areas, shrubs, bushes or trees in order to assist with or promote the preservation, health or growth of such plant life.
FAMILYA. One or more persons, whether or not related to each other by blood, marriage, or adoption, all living and cooking together as a single, stable, and bona fide housekeeping unit, so long as such persons together occupy, own, lease, or rent a whole of a separate building or dwelling unit as the functional equivalent of a family related by blood, marriage, or adoption and use all rooms and housekeeping facilities in common.
More than one family will be presumed to exist if any of the following features are found in or associated with one dwelling unit:
(1) More than one mailbox, mail slot, or post office address;
More than one electric meter;
Partitions barring access between portions of the dwelling unit;
Separate written or oral leases or rental agreements between the owner and the occupants providing for the payment of rent for portions of the dwelling unit.
Additional factors to be considered in determining whether or not a group of persons living together is the functional equivalent of a family shall include:
(1) Whether the group is of a permanent nature and is neither merely a framework for transient or seasonal (including as "seasonal" a period of one academic year or less) living, nor merely an association or relationship which is transient or seasonal in nature;
Whether expenses for preparing of food, rent or ownership costs, utilities, and other household expenses are shared and whether the preparation, storage and consumption of food is shared;
Whether or not different members of the household have the same address for the purposes of:
(c) Motor vehicle registration.
Summer or other residences.
Whether or not furniture and appliances are owned in common by all members of the household;
Whether or not any children are enrolled in local schools;
Whether or not householders are employed in the local area;
Whether or not the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units;
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
FAMILY DAY-CARE HOMEA facility, home, or other establishment, defined as a family day-care home in §
390 of the New York State Social Services Law and licensed by the New York State Department of Social Services, at which child day care is provided for generally three to six children and which is operated in accordance with state and county regulations governing operations of a family day-care center.
An adult care facility providing services to four or fewer adult persons unrelated to the operator, as defined as a family-type home for adults in the New York State
Social Services Law, and certified by the New York State Office of Children and Family Services.
Any structure of any material or combination of materials, including a gate that is part of the structure, that is designed to enclose land, divide land, mark a boundary, create a barrier, limit access to or direct passage across land, provide screening, protect against a potential hazard, or serve a decorative purpose. A freestanding arch or arbor shall not be considered a fence or wall even if it otherwise satisfies the foregoing definition. In no case will living plants, such as hedges, shrubs, bushes or trees, be deemed or considered to be a fence or wall regardless of how these may be arranged or located, and regardless of whether these may serve the same or a similar purpose as a fence or wall. Terraces, steps, and other similar improvements will not be deemed to be a fence or wall. Earthen berms that exceed four feet in height above the natural grade will be deemed to be a fence or wall.
FINAL PLAT APPROVALThe approval by the Village's Planning Board of a final subdivision drawing or plat that shows the subdivision, proposed improvements, and conditions as specified in the Village's subdivision regulations and as required by the Planning Board in its approval, if any, of the preliminary plat.
FLASHING SIGNAny sign where emitted or reflected light is not constant in intensity and color at all times.
FRATERNITY or SORORITYA place of residence other than a hotel, rooming or boardinghouse, or dormitory that is operated by a nationally chartered membership organization or a locally chartered organization, and used, occupied and maintained for persons enrolled in a college, university, or other educational institution and which is recognized and subject to controls by such educational institution.
FULL CUTOFFPertaining to light from a light fixture, zero intensity at or above horizontal and limited to a value not exceeding 10% of lamp lumens at or above 80°.
GARAGEA portion of a building, or a detached building, designed to be used primarily for storage of automobiles and other motor vehicles. For a garage that is part of a principal building, the garage use must be subordinate and clearly incidental to the use of the rest of the building. For a detached garage, the garage building must be subordinate and clearly incidental to the principal building, and be located on the same lot as the principal building except as otherwise specifically permitted by this chapter.
GARAGE SALEThe sale or offering for sale, open to the public, conducted for no more than two days in any calendar year, of new, used or secondhand items of personal property at any one residential premises at any one time. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.
GRADE, EXISTINGThe vertical elevation of the ground surface at any point on a lot as shown on a survey submitted in conjunction with an application for a building permit or grading permit.
GRADE, FINISHEDThe final, post-construction vertical elevation of the ground surface at any point on a lot.
GROUP FAMILY DAY-CARE HOMEA facility, home, or other establishment defined as a group family day-care home in §
390 of the New York State Social Services Law and licensed by the New York State Department of Social Services, at which child day care is provided for seven to 12 children and which is operated in accordance with state and county regulations governing operations of a group family day-care home.
A small residential facility designed to serve unrelated individuals, regulated by New York State, including, but not limited to, recovering substance abusers, the mentally and physically disabled, pregnant/parenting teens, and victims of domestic violence, who, under caregiver supervision, share a single-family home with a common kitchen, sanitary facilities, and other common living facilities.
HEALTH CLUBA commercial establishment which provides as its primary purpose facilities for individual physical health activities, such as aerobic exercise, running and jogging, use of exercise equipment, saunas, showers, massage rooms, and lockers. Such establishments are operated as a business even if open only to members and their guests on a membership basis and not to the public at large paying a daily admission fee.
HEIGHTA. As it relates to buildings in the Residence, Multiple Housing, and Planned Development Zones, the measurement from the lowest point of the existing grade at the building foundation to the average height between eaves and ridge for pitched roofs and to the highest part of the parapet for flat roofs.
As it relates to buildings in the Commercial Zone, the measurement from the lowest point of the existing grade at the building foundation to the highest point of the building.
As it relates to fences and walls, the distance measured from the ground to the highest point of any component part of the fence or wall, other than arches, arbors, gates, entrances, and fence posts not higher than six inches above the adjoining fence. A fence or wall built on a man-made berm of earth or other natural materials shall be measured from the base of the berm to the top of the highest point of any component part of the fence or wall, other than arches, arbors, gates and entrances.
HOME OCCUPATIONA business conducted within a dwelling, or a building accessory thereto, by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto.
HOUSEHOLD PETSDomesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets which eat and sleep within a dwelling unit occupied by a family.
IMPERVIOUS SURFACEAny paved, hardened or structural surface which does not allow infiltration of water. Such surfaces include, but are not limited to, impervious streets, driveways, parking lots, tennis courts, buildings, and swimming pools.
INSTITUTION OF HIGHER EDUCATIONAny entity, whether public, private or parochial, which provides, as its primary purpose, educational instruction above the 12th grade level, including all academic, residential and service facilities attendant thereto, and which is chartered, registered and/or certified by the Commissioner of the New York State Department of Education or the Regents of the University of the State of New York, or their successors.
INVASIVE SPECIESAs listed in the "Regional Invasive Species List" produced by the Tompkins County Environmental Management Council, as revised from time to time, or in other lists produced by Tompkins County or New York State, these are alien or exotic nonnative plant species that spread and compete with native species, often eliminating the latter.
LIGHT POLLUTIONAny adverse effect of artificial light, including sky glow, glare, light trespass, light clutter, decreased visibility at night, and energy waste.
LIGHT TRESPASSLight falling where it is not wanted or needed such as the unwanted spillage of light onto properties adjacent to the property on which the light source is located.
LODGING HOUSEA multiple-dwelling or other residential structure in which lodging facilities but not meals are supplied for compensation, over a period of time not to exceed one week, and where no single overnight stays are allowed.
LOTAny area of land bounded by property lines which is not divided into parts by a public street or railroad. Each part of any area so divided by a street or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall be permitted only upon compliance with the applicable regulations of Article
XVII.
The area of a lot that may be included within the deed description of the lot, excluding from such area the right-of-way of a public or private street or, where there is no legally defined right-of-way, the area of a paved, graveled or otherwise improved surface functioning as a private street.
LOT COVERAGEThe total square footage of a parcel of land which is allowed by zoning regulations to be covered by buildings and other physical improvements.
LOT DEPTHThe distance between a point on a front lot line and the rear of the lot measured perpendicularly from the front lot line. In the case of an irregularly shaped lot, the mean depth shall be taken.
LOT LINEA legal boundary line of a lot; for lot lines that are adjacent to a public street, defined as the public street right-of-way line. Where the legal boundary is within a public street right-of-way, the lot line is the street right-of-way line; where the legal boundary is within a private right-of-way, the lot line is the nearest edge of the improved surface of such private street or of the improved surface functioning as a private street.
LOT WIDTHThe distance between a point on a side lot line and the opposite lot line measured perpendicularly from the side lot line. In the case of an irregularly shaped lot, the mean width shall be taken.
MIXED USETwo or more principal uses conducted on the same parcel of land, by one or more occupants, either in the same structure or in separate structures, or in the open, such as when residential facilities are located over commercial retail space.
MOTOR VEHICLEEvery vehicle operated or driven upon a public highway propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability, vehicles running only upon rails or tracks, snowmobiles, and all-terrain vehicles.
MULTIPLE DWELLINGA building or group of buildings on one lot containing three or more dwelling units.
NATURAL AREAAn area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit.
NONCONFORMING USEA use that does not conform to a new or amended zoning law and the zoning regulations of the district in which it is situated.
NURSERY SCHOOLA school organized for the purpose of educating a group or groups of six or more children less than seven years old under the supervision of qualified teachers providing an adequate program of learning activities and maintaining good standards of health and safety pursuant to Section
125.1(a) of Title 8 of the New York Codes, Rules and Regulations.
A zone or district created for a specific purpose that is imposed over an existing zone or district and that contains provisions applicable in addition to those contained in the existing zone or district.
PARKING LOTA parking facility where off-street parking of motor vehicles is permitted other than as an accessory use.
PARKING SPACEAn area adequate for the temporary parking of a motor vehicle exclusive of any parking lot circulation areas.
PATIOA horizontal area located at existing grade and used for other than vehicular purposes that is without roof or walls, is not supported by any permanent structure, and is surfaced with wood, macadam, masonry, stone, brick, block, or other such material.
PHOSPHORUS FERTILIZERFertilizer in which the available phosphate (P205) content is greater than 0.67% by weight, excluding compost.
PLATA site plan or subdivision map that depicts the arrangement of lots, buildings, roads, and other services.
PLAYHOUSEA building used exclusively for children's play and which serves no other purpose.
PORCHA covered or uncovered structure attached to a house or building that is not heated or cooled, may be open or enclosed, and frequently provides access to a primary entrance and/or egress to the ground.
PRELIMINARY PLAT APPROVALThe approval by the Village's Planning Board of a preliminary subdivision drawing or plat showing site conditions, subdivision lines, and proposed improvements prepared in accordance with the Village's subdivision regulations.
PRINCIPAL BUILDINGA building within which is conducted the primary uses of the lot on which the building is located.
PRINCIPAL USEThe primary use of a lot that is permitted under the zone or district regulations in a zoning law. Unless zone or district regulations allow mixed uses, only one principal use may be made of a single lot, along with uses that are accessory to that principal use.
QUALIFIED SOLAR INSTALLERA person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Village determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
RECREATIONAL VEHICLEA camping unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on or towed by a motorized vehicle. Recreational vehicles include, but are not limited to, tow-behind camping trailers, fifth-wheel camping trailers, motor homes, park trailers, travel trailers, and truck campers.
RESIDENCEA building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
RESIDENCE HALL, COLLEGEA building owned, operated, and administered by an institution of higher education in accordance with the
Education Law of the State of New York, designed primarily for the purpose of housing college students enrolled at that institution.
The area of land and water forming a transition from aquatic to terrestrial ecosystems along streams, lakes, ponds, wetlands, and vernal pools.
RUN, CHICKENAn enclosed, fenced area for containing and allowing chickens to roam and eat that is designed to be predator-proof and easily accessed and cleaned, with a minimum area of 10 square feet per hen.
[Added 8-21-2018 by L.L. No. 7-2018]
A written determination by a lead agency that, under the State Environmental Quality Review Act, the implementation of an action as proposed will not result in any significant adverse environmental impacts.
SEQRA, POSITIVE DECLARATIONA written determination by a lead agency that, under the State Environmental Quality Review Act, the implementation of an action as proposed is likely to have a significant adverse impact on the environment, resulting in the requirement that an environmental impact statement will be required.
SETBACKThe number of feet from a front, side, or rear lot line in which no building or structure is permitted to be located or in which a specified land use is not permitted to occur and which establishes the nearest point to the lot line at which a building or structure may be erected, excluding a roof or eave overhang of three feet or less.
SHED, PORTABLEAn accessory structure that can or may be used for the storage of personal property, is located for such purposes outside an enclosed building, and neither has a permanent foundation nor is affixed by any means to the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Rental of a residence or a portion of a residence by the same natural person or family of fewer than 30 consecutive days.
SITE PLANA drawing that shows the arrangement, layout, and design of the proposed use and improvements of a single parcel of land.
SLOPEThe change in elevation per unit of horizontal distance, expressed as a percentage.
SOLAR ENERGY COLLECTORA solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR STORAGE BATTERYA device that stores energy from the sun and makes it available in an electrical form.
STOOPA small staircase ending in a base and leading to the entrance of a building.
STORAGEThe outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than automobiles.
STORMWATER RUNOFFAny surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation such as rain or melting snow that does not soak into the ground but runs off into waterways.
STREAMA watercourse or surface depression characterized by a defined channel and stream bed that contain rocks or gravel and where water flows perennially or intermittently; this does not include man-made stormwater conveyances, such as grassy or rip-rap stabilized swales, roadside ditches, or stormwater management practices.
STREAM BANKThe sides of a stream channel, usually marked by a break in slope, which contain the normal flow of the stream.
STREAM, INTERMITTENTA stream that flows only when it receives water from rainfall runoff or springs, or from some surface source such as melting snow. All mapped streams in the Village of Cayuga Heights are currently defined by the United States Geological Survey (USGS) as intermittent streams.
STREAMSIDE BUFFERA vegetated area next to a water resource that protects that water resource from nonpoint source pollution and provides bank stabilization and aquatic and wildlife habitat, measured horizontally starting from the top of the stream bank (or level of bankfull discharge) in a direction perpendicular to the bank and extending away from the water body in the horizontal plane.
STREET RIGHT-OF-WAYThe lands under and bordering the travelled portion of a public street, road, or highway owned and maintained by the Village, to the width owned by the Village or otherwise as prescribed by applicable law.
STREET TREEA tree located on publicly owned land or within the public street right-of-way.
STRUCTUREAnything that is constructed or erected on the ground (including, but not limited to, a building, fence, or wall) or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" does not include underground graves, vaults, or other underground facilities for the internment of bodies.
STUDENT COOPERATIVEA facility used for housing students enrolled in a college, university, or other educational institution and which is recognized and subject to controls by such educational institution where students largely perform their own household maintenance and meal preparation and have a vote in the operation, maintenance, and management of their household affairs.
STUDENT DORMITORYA building or part of a building that:
A. Is operated by, or on behalf of, institution(s) that provide full-time day instruction and a course of study that may be pursued in fulfillment of the requirements of §§
3204,
3205, and
3210 of the New York State Education Law, or post-secondary institution(s) authorized to grant a degree by the Regents of the University of the State of New York; and
Houses students enrolled at such institution(s). A student dormitory shall not be a single dwelling unit.
SUBDIVISIONThe legal division of a parcel into a number of lots that conform to use and dimensional requirements for the purpose of sale or development.
SUBDIVISION, MAJORIn any zoning district, a subdivision that does not qualify as a minor subdivision.
SUBDIVISION, MINORIn any zoning district, a subdivision in which the land is divided into not more than three lots.
SWIMMING POOLAn outdoor artificial body of water or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing and constructed, installed, or maintained in or above the ground.
TELECOMMUNICATIONS FACILITYA telecommunication tower or towers and associated antennae, structures, equipment, buildings, switching stations, parking areas, wires, and other accessory development.
TELECOMMUNICATIONS TOWERA structure such as a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennae and intended for transmitting and/or receiving radio, television, telephone, or microwave communications, but excluding those used either for fire, police, and other dispatch communications, or exclusively for private radio and television reception and private citizens band, amateur radio, and other similar communications. A ground- or building-mounted mast greater than 10 feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a telecommunications tower.
TOWNHOUSEA dwelling unit sharing a minimum of one and a maximum of two walls with an adjoining dwelling unit and having direct exterior access from the ground floor.
TREE HOUSEA building constructed among tree branches and around or next to the trunk of one or more mature trees, and raised above the ground.
UNIQUE NATURAL AREAA site with outstanding environmental qualities as defined by the Tompkins County Environmental Management Council that is deserving of special attention for preservation and protection.
USEThe specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.
UTILITYAn entity that provides electricity, gas, sewer, water, telephone, or cable television to properties within the Village.
WETLANDAny area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise permitted herein.
YARD, FRONTThe yard between the front lot line and the front facade of the principal building, extended from each rearmost exterior corner of the front facade to the adjacent side lot line. In addition, any yard that abuts a public or private street shall be considered a front yard for the purposes of setback requirements.
YARD, REARThe yard between the rear lot line and the rear facade of the principal building, extended from each most forwardly exterior corner of the rear facade to the adjacent side lot line.
YARD, SIDEThe yard between the principal building and a side lot line, but excluding the front yard and the rear yard.