A.Â
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the latest edition of Merriam-Webster's Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.Â
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this law; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this law" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.Â
The word "person," as used in this law, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.Â
The word "lot" includes the word "plot."
E.Â
The term "occupied" or "used," as applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be occupied or used."
F.Â
"Shall" is always mandatory.
As used in this law, the following terms shall have the meanings
indicated:
Entranceway for vehicles to leave or enter a property or
lot from a public highway or private road.
A building, structure or use clearly incidental or subordinate
to the principal building, structure or use and located on the same
lot with such principal building, structure or use.
A family-type home for adults, a shelter for adults, a residence
for adults or an adult home, which provides temporary or long-term
residential care and services to adults who, though not requiring
continual medical or nursing care as provided by facilities licensed
or operated pursuant to Article 28 of the Public Health Law or Articles
19, 29 and 31 of the Mental Hygiene Law, are, by reason of physical
or other limitations associated with age, physical or mental disabilities
or other factors, unable or substantially unable to live independently
[18 NYCRR 485.2(a)].
An 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 [18 NYCRR 485.2 (b)]. A facility which is overseen and
regulated by the Centers for Medicare and Medicaid Services (CMS)
which is a federal agency that operates within the United States Department
of Health and Human Services. The New York State Department of Health
works in cooperation with CMS to oversee nursing home administration
licensed by the state. The nursing home shall by law have administrators
that are licensed by the Department of Health through the Board of
Examiners of Nursing Home Administrators. The nursing home shall be
staffed by registered nurses, board-certified physicians, social workers,
dieticians and volunteers that coordinate various services for the
residents.
Any commercial business dealing with agricultural produce and services required in agricultural operations, such as farm machinery sales, or the processing, production, and distribution of agricultural products, except nothing herein shall be construed to permit agricultural industry as defined herein or to permit any prohibited use set forth in § 310-5.20 or which does not meet the performance standards set forth in § 310-5.19.
The raising, breeding, or maintenance of livestock or poultry
primarily in structures and with animal population densities exceeding
one pound per 10 square feet of lot area in such use. Notwithstanding
the density indicated, any cage-type poultry operation or processing
of animal products raised on the premises exceeding 1,000 carcasses
annually for fowl, and 100 carcasses annually of livestock shall be
deemed an agricultural industry. Processing of animals is deemed to
be a slaughterhouse.
The cultivation of soil for food products or other useful
or valuable products in the field or garden. Class I operations shall
not be deemed to include the raising of commercial livestock or poultry.
The commercial raising and breeding of livestock or poultry,
or raising of cattle for milk or meat production, excluding those
operations specifically identified as a state-regulated "concentrated
animal feeding operation (CAFO)" as defined in 6 NYCRR 750-1.2(a)(21),
and which are prohibited in the Town of Fallsburg outside of any state-designated
agricultural districts, established pursuant to Article 25AA of the
Agriculture and Markets Law. See definition of "CAFO" below.
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending to a side or by increasing
the height or moving from one location or position to another.
One thousand pounds of animal weight.
The person(s), corporation, agency, or other legal entity
responsible for submitting applications for review by the Planning
Board, Zoning Board of Appeals, Town Board, and CEO.
The exterior architectural characteristics of a building
or structure, including building form, facade design and roof design,
color, texture, material, inclusion or exclusion of architectural
elements and the shape of the building footprint.
Any premises used for spectator presentations, such as concerts,
theatrical performances, lectures, and similar cultural events, containing
seats permanently affixed to the floor.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner-occupied, one-family dwelling used for providing
overnight accommodations that may include a morning meal to not more
than 15 transient lodgers, containing at least three but not more
than eight bedrooms for such lodgers.
As defined by the New York State Alcoholic Beverage Control
Law, means and includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute
therefor.
See "sign, billboard."
The length of a street between two street intersections.
Where street intersections are at intervals greater than 1,200 feet,
1,200 feet shall be considered the length of the block for purposes
of this law.
As defined by the New York State Alcoholic Beverage Control
Law, "brewery" means and includes any place or premises where beer
is manufactured for sale; and all offices, granaries, mashrooms, cooling-rooms,
vaults, yards, and storerooms connected therewith or where any part
of the process of manufacture of beer is carried on, or where any
apparatus connected with such manufacture is kept or used, or where
any of the products of brewing or fermentation are stored or kept,
shall be deemed to be included in and to form part of the brewery
to which they are attached or are appurtenant.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, or materials of any kind. See also definition
of "structure."
The percentage of the area of the lot covered by a building
and/or accessory buildings measured on a horizontal plane at mean
grade level and excludes uncovered porches, terraces, and steps.
A fully dimensioned drawing of the front, rear, or side of
a building showing features such as windows, doors and relationship
of grade to floor level.
The outer surface of a building which is visible from any
private or public street or highway.
The vertical distance measured from the grade plane to the
average height of the highest roof surface, as defined by the International
Building Code adopted by New York State, 2015 edition, or as amended.
"Grade plane" is defined as a reference plane representing the average
of the finished ground level adjoining the building at exterior walls.
Where the finished ground level slopes away from the exterior walls,
the reference plane shall be established by the lowest points within
the area between the building and the lot line or, where the lot line
is more than six feet from the building, between the building and
a point six feet from the building.
A building or buildings where the principal permitted use
is conducted.
A group of structures on a single premises which may include
a rental office, swimming pool, handball court, casino or other recreational
facilities, together with three or more bungalow units not more than
one of which is used for the purpose of all-year-round residence.
Two or more manufactured home units on a single premises shall not
be deemed a bungalow colony.
A one-story dwelling structure having a minimum floor area
of 600 square feet intended for seasonal rental occupancy and intended
for use on a single premises in groups of three or more.
A building with no more than 600 square feet of floor area
on the main floor and being a maximum of 25 feet in height to the
peak of the roof from the ground floor and intended to be occupied
as an overnight sleeping accommodation for no more than 30 consecutive
days within any calendar year for recreation and/or leisure use, which
can be commercial or residential. See "cabin, hunting and fishing,"
and "campground."
A residential building with no more than 600 square feet
of floor area on the main floor and being a maximum of 25 feet in
height to the peak of the roof from the ground floor and intended
to be occupied as a dwelling for no more than 30 consecutive days
within any calendar year for recreation and/or leisure use; and not
to be used for commercial purposes.
One or more buildings and structures, that may include a
cafeteria and recreational facilities together with the lot or tract
of land appertaining thereto, established or maintained for temporary,
summer seasonal occupancy during the period or part of the period
from June 1 to September 15 in any year for the daytime supervision
of children. The principal use shall be for the daily occupancy of
children between the ages of 4 and 18. Day camps do not provide overnight
accommodations.
A tract of land that may include rental cabins or sites for
the temporary parking of recreational vehicles or the erection of
tents or other portable sleeping accommodations.
A site with a group of buildings and structures that may
include a cafeteria, and recreational facilities in order to provide
for the supervision of children along with overnight accommodations
within bunk houses or cabins during the summer period or part of the
period from June 1 to September 15 in any year.
A building, portion of a building, and/or area arranged,
intended or designed to be used for the washing, spraying, waxing,
polishing or drying of motor vehicles, and/or the vacuuming or dry-cleaning
of same, on a commercial basis.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A place used for burials, whether in the ground or in mausoleums.
This includes both human and pet cemeteries.
A line midway between and parallel to two street or road
property lines or as otherwise defined by the Town Board.
Any change as to kind or size within the zones affected,
including all cases where a changed use requires any change in parking
standards.
An establishment engaged in providing services for human
health maintenance or other temporary or permanent care, primarily
to children, including a nursing home or skilled nursing facility,
and medical clinics and offices. A facility licensed or eligible to
be licensed as a skilled nursing facility (SNF) by the New York State
Department of Health, which provides general long-term nursing care
to those who are chronically ill or unable to handle their own necessary
daily living needs, and as an integral part of the institution, may
have a component of the structure licensed as a nonpublic school by
the New York State Department of Education, for the residents of the
facility.
As defined by the New York State Alcoholic Beverage Control
Law, the partially or fully fermented juice of fresh, whole apples
or other pome fruits, containing more than three and two-tenths per
centum but not more than eight and one-half per centum alcohol by
volume:
As defined by the New York State Alcoholic Beverage Control
Law, means and includes any place or premises wherein cider is manufactured
for sale.
A method of tree removal where all or substantially all trees
two inches diameter at breast height and over on a site are removed.
Commercial agricultural operations that fit the definition
of a "concentrated animal feeding operation" or "CAFO" as defined
in 6 NYCRR 750-1.2(a)(21). CAFOs are prohibited in the Town of Fallsburg,
outside of any state-designated Agricultural District established
pursuant to Article 25AA of the Agriculture and Markets Law.
A building, structure, lot or land area used as a private
club or social organization with annual membership dues, not conducted
for profit, and which is not an adjunct to or operated by or in connection
with a public tavern, cafe, or other public place.
A subdivision plat, approved pursuant to Article XIV of this Zoning Chapter, in which the applicable bulk requirements of the zoning district in which the plat is located are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, infrastructure, parks, and landscaping, in order to preserve the natural, agricultural and scenic qualities of open lands.
A parcel of land which may include facilities for recreation
purposes, utilized by the public for a fee. Activities include, but
are not limited to, bowling alleys, ski slopes, tennis courts, golf
courses, swimming pools, movie houses, drive-in theaters, health clubs,
reducing salons, tanning parlors, and cooperative hunting preserves
requiring a fee to hunt.
A mode of ownership wherein each unit of enclosed space may
be owned in fee simple individually and separately from all others,
but where all such owners have an indivisible interest in the common
areas. Thus, they share ownership and attendant responsibilities for
the provision, maintenance and/or repair of common internal facilities,
utilities, services, exterior building surfaces, land, landscaping,
parking, lighting and other outdoor facilities.
A building or buildings designed for classes, conferences,
seminars, meetings, and similar activities and related accessory uses
principally for conference center patrons, such as restaurants, drinking
facilities, and recreation facilities. A conference center with overnight
accommodations shall be deemed to be a resort.
An unoccupied open space other than a yard. An outer court
is one that extends to the street or to the front or rear yard. An
inner court is any other court.
Any use which is clearly incidental and subordinate to the
principal use which it serves. Examples of accessory uses include
parking facilities, garden house, playhouse, tool house, greenhouse,
swimming pool, satellite dish antennas and private garage; the keeping
of domestic animals as pets; the raising of field and garden crops,
vineyards, and orchard farming on a residential lot, provided such
crops or produce are for the sole and exclusive use of the occupant
or owner of the premises, and not for resale.
A facility that provides supervision and daytime care or
instruction for more than five children from infancy to five years
of age, inclusive, and operated on a regular basis.
A private residence where five or fewer children receive
care and supervision for periods of less than 24 hours per day.
An unroofed platform, either freestanding or attached to
a building that is supported by pillars or posts.
A surface facility intended to provide for the temporary
storage of stormwater runoff to reduce downstream water quantity impacts.
As defined by the New York State Alcoholic Beverage Control
Law, means and includes any place or premises wherein any liquors
are manufactured for sale.
For purposes of this law, any area that is proposed to be
graded, filled, or cleared, other than associated with minor landscaping
activities of less than 1/2 acre in size.
Any animal considered domestic, excluding exotics such as
the large cats, dangerous or poisonous animals.
Any of various animals, including livestock and/or poultry
domesticated so as to live and breed in a tame condition, excluding
exotics such as large cats and dangerous or poisonous animals, and
which animals are kept on the same property as a one-family dwelling.
A residential building or part of a building, in which are
rooms used as sleeping quarters for administrative staff, faculty
or students along with communal or individual bathroom, dining, cooking,
laundry, lounge and recreation facilities, as required. Dormitory
rooms shall not contain separate cooking, dining, or housekeeping
facilities, except that one dwelling unit with complete housekeeping
facilities may be provided for use of a superintendent or supervising
staff for every 50 dormitory beds. No more than one communal dining
room shall be provided in any building or structure used for dormitory
purposes. One-family, two-family and/or other multifamily residential
facilities other than that described above are not to be considered
as dormitories.
A building containing two one-family dwelling units totally
separated from each other by an unpierced wall extending from the
basement or slab to the roof.
Three or more duplex buildings (with two one-family dwelling
units per building) proposed under a common plan, project or scheme,
regardless of ownership, to include two-family dwellings. See also
definition of "dwelling, two-family."
Adequately covered with screenings, stone, gravel, concrete
or bituminous products, or adequately treated with oil or similar
dust-inhibiting substances, and maintained in a good dustless condition
at all times.
A one-family dwelling that serves as a principal residence
on a farm.
A group of dwellings in one building or on one plot containing
separate living units for three or more families, but which may have
joint services or facilities or both.
A single detached building on an individual lot, designed
or occupied exclusively by one family and erected on a permanent foundation,
with/without basement, and equipped for year-round occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A one-family dwelling in a row of at least three such units
in which each has its own front and rear access to the outside, is
set on its own lot, is separated from adjoining units by one or more
vertical common firewalls, and in which no unit is located over another.
A building containing two dwelling units on an individual
lot, which may be arranged side by side or up and down within the
building. See also definition of "duplex building."
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
One or more persons living together as a single housekeeping
unit and maintaining a common household.
A use providing room and board, recreational, counseling,
or other rehabilitative services or facilities to individuals who
by reason of mental or physical disability, addiction to drugs or
alcohol, or family and school adjustment problems require specialized
attention and care in order to achieve personal independence. Individuals
participating in a work release, or similar program from a state institution,
or under the supervision of a court, state or local agency shall be
included within this definition. Such uses include halfway houses,
group homes, and shelters.
A building, whether fully or partially enclosed, or structure
on wheels that is intended for the display and sale of locally raised
agricultural produce and products.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms and
basements having a window area of less than 8% of the square foot
area of the room. Livable floor area shall include all spaces not
otherwise excluded above, such as, principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit and all attic space having a clear height
of six feet from finished floor level to pitch of roof rafter with
a clear height of seven feet, six inches from finished floor level
to ceiling level over 50% of the area of such attic space.
The cutting or removal, or both, of timber or other forest
products for commercial purposes together with all the work incidental
thereto, such as road building, firebreak construction and fire hazard
abatements, whether or not such operations are preparatory to the
development of land for other uses, except that clearing of land for
agricultural use shall not be deemed to be commercial forestry, provided
such clearing shall be conducted under the supervision of the Natural
Resources Conservation Service and appropriate measures instituted
to preclude erosion of soils, and shall be conducted on areas with
an average land slope not exceeding 8%.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting, or equipping of automobiles
or other motor vehicles.
A building or other structure or a tract of land used or
heretofore used for the servicing of motor vehicles. It shall signify
a retail place of business engaged in the sale of motor fuels, and
also in supplying goods and services generally required in the operation
and maintenance of motor vehicles, to include sale of petroleum products;
sale and servicing of tires, batteries, automotive accessories and
replacement items, washing and lubrication services and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a gasoline service facility.
Any stripping, cutting, filling, or stockpiling of earth
or land, including the land in its cut or filled condition, to create
new grades.
An enclosed structure of a permanent or temporary nature
within which is conducted a commercial agricultural operation, generally
the propagation of one or more horticultural species from seeds or
cuttings to a stage fit for transplanting elsewhere or sale, including
retail as well as wholesale operations.
A guest unit is a lodging unit, motel unit, hotel unit, or
similar tourist accommodation unit which is attached to a similar
unit by a party wall, designed and maintained for transient occupancy
only. Dwelling units restricted to time-shared use shall also be included.
The Planning Board shall have the authority to impose conditions to
ensure that guest units maintain their transient nature, including
conditions on the design of the guest units (e.g., limitations on
use of kitchens and kitchenettes, washers and dryers, limitations
on the duration of visitor stays, maintenance of visitor guest books,
the filing of covenants and restrictions, and similar conditions).
Any material defined by the United States Environmental Protection
Agency (EPA) or the New York State Department of Environmental Conservation
as hazardous or toxic due to its characteristics, including but not
limited to direct or indirect toxicity, radioactivity, explosivity,
and flammability, or other characteristics as the EPA or its successors
may revise from time to time.
A profession or vocation, full-time or part-time, conducted
entirely within a dwelling by the inhabitants thereof, or within a
building or other structure accessory to the dwelling, which use is
accessory to the use of the dwelling for dwelling purposes and does
not change the character thereof.
An establishment primarily engaged in providing health services
and medical or surgical care of sick or injured persons, including
diagnostic centers and medical clinics and including as an integral
part of the institution such related facilities and staff offices.
A facility offering transient lodging accommodations to the
general public based upon a daily service fee and which may include
additional facilities and services such as restaurants, meeting rooms,
entertainment, personal services, and recreational facilities.
A facility with rooms of at least 425 square feet with refrigerators,
cooktops, microwave ovens, dishes, utensils, along with washers and
dryers on premises that accommodate transients staying five or more
days but not exceeding 14 days.
One or more buildings in which there are rental rooms for
vacation and recreational purposes, with common dining rooms, and
facilities such as indoor and outdoor recreation, supporting retail
shops and services, staff housing, and maintenance facilities.
Any animal traditionally considered a household pet including
dogs, cats, tropical birds, and fish, but excluding exotics, including
large cats, and dangerous or poisonous animals.
A building or structure used exclusively for the conducting
of organized religious services, such as a church, synagogue, temple
or mosque.
Those man-made surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, patios, etc.). Calculation of the percentage of total impervious surface area on a site shall be based upon the gross lot area in the case of one-family dwelling sites, not subject to Planning Board review. The calculation of the percentage of total impervious surface area on a site shall be based upon the net developable area on a site, pursuant to § 310-5.4, for subdivisions, duplex developments, manufactured home developments, PUD and PRD developments, townhouse developments, multiple residences, multifamily residential uses, or nonresidential uses requiring site plan or special use permit approval.
Public and private educational institutions and also organizations
which promote a cause.
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage and/or sale of wastepaper, rags,
scrap metal or recyclable material; or for the collecting, compacting,
dismantling, storage or salvaging of machinery or vehicles not in
running condition and for the sale of parts thereof. More than two
motor vehicles stored outside without current license plates and inspection
stickers for a period of 30 days shall constitute a junkyard.
A commercial place or establishment for the care and/or breeding
of four or more dogs.
A highly restricted type of planned industrial development
in which special emphasis and attention are given to aesthetics and
community compatibility and the property is developed according to
a comprehensive plan which includes provisions for streets and all
utilities as well as serviced sites for a community of industrial
and industry-oriented uses.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, and incidental storage,
sales, and distribution of such products, but excluding basic industrial
processing.
As defined by the New York State Alcoholic Beverage Control
Law, means and includes any and all distilled or rectified spirits,
brandy, whiskey, rum, gin, cordials or similar distilled alcoholic
beverages, including all dilutions and mixtures of one or more of
the foregoing.
Any parcel of land which is occupied or which is to be occupied
by a building and its accessory buildings, if any, or by a group of
buildings, if any, together with the required open spaces, appurtenant
to such building or group of buildings.
The total horizontal area included within lot lines, except that no part of the area within a public right-of-way or within that area of a user road may be included in the computation of the area. See § 310-5.4 for computation of minimum lot area.
A lot which has an interior angle of less than 135° at
the intersection of two street lot lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at its points beginning within the lot or at the points
of intersection of the side lot lines with the street line intersect
at an interior angle of less than 135°.
The proportion of a lot area that is covered by impervious
surface, including buildings and off-street parking areas.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the front lot line not less than 10 feet long lying
farthest from the front lot line.
Any lot which has been established as such by plat, survey,
record, or deed prior to the date of enactment of this chapter as
shown on the records in the Sullivan County Clerk's office.
A lot, other than a corner lot, having frontage on two streets.
The average distance between side lot lines from the front
yard or building line and measured at right angles to the side lot
lines or along a line parallel to the street, to a line set back the
required rear yard distance from the rear lot line.
A structure, transportable in one or more sections which,
in the 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 therein. A manufactured home was
built on or after June 15, 1976, and bears a seal signifying conformance
to the design and construction requirements of the Department of Housing
and Urban Development, Manufactured Home Construction and Safety Standards,
and regulated in New York State by Article 21-B Manufactured Homes
and Part 1210 Manufactured Home Regulations.
A use of land designed for installation and support of two
or more manufactured homes on a tract of unsubdivided land, whether
or not sites are to be rented or leased, with privately owned and
maintained drives for access to individual manufactured home sites,
whether or not such homes or sites are individually assessed.
Any process whereby the nature, size, or shape of articles
of raw materials is changed, or where articles are assembled or packaged
in quantity.
Any process whereby the nature, size, or shape of articles
or raw materials is changed, or where articles are assembled such
that no chemical or compressive processes are required and whose finished
size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds
per unit.
Any facility in which two or more physicians and/or dentists
practice cooperatively for the diagnosis and treatment of patients.
Any establishment consisting of a building or group of buildings
providing living and/or sleeping accommodations with individual bathrooms,
and designed for use by transient automobile travelers, and provided
with accessory off-street parking areas. The term "motel" includes
buildings designated as tourist courts, overnight cabins, and other
similar appellations, but shall not be construed to include manufactured
homes or immobile trailers.
Any residential development that contains a building or buildings
which contain more than one dwelling unit on an individual lot or
parcel of land.
A building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for lot area, width, or depth; front, side or rear yards;
maximum height; lot coverage; minimum habitable area per dwelling
unit; off-street parking or loading; or landscaping, screening, fencing,
or other requirements.
Any use, whether of a building, tract of land, lot, or property,
existing on the effective date of the amendment of this chapter, which
does not conform to the use regulations of the district in which it
is located.
A club or social organization formed under the New York Not-for-Profit
Corporation Law or similar law, the purpose of which is exclusively
for charitable, educational, scientific, literary, or cultural purpose
or purposes, and not for pecuniary profit or financial gain, and not
adjunct to or operated by or in connection with a commercial tavern,
cafe or other commercial and public place and not engaged in therapeutic
activities either with or without professional advice.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting.
A facility operated for the purpose of providing therein
lodging, board, and nursing care to sick, invalid, infirm, disabled,
or convalescent persons for compensation.
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business.
This may include, but is not limited to, sales representatives, architects,
engineers, physicians, dentists, attorneys, insurance brokers, real
estate brokers and persons with similar occupations.
Area provided for parking that is not located on any public
or private road.
Exterior seating adjacent to and part of an establishment selling food and/or drink, located on a sidewalk and subject to the provisions of § 310-5.18.
Any equipment which is designed to be installed outdoors
for the primary purpose of combustion of wood to produce heat or energy
used as a component of a heating system providing heat for any interior
space.
For the purpose of this law, any use which is allowed by
right in a zoning district.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
A development project within a designated Planned Resort
District, to be planned, developed, operated and maintained as a single
entity, and containing one or more structures, developed as a mix
of resort-related uses, which shall include at least one hotel or
lodging structure, and may also include a variety of other dwelling
types for the purpose of transient lodging, including hotels, condo-hotels,
motels, lodging, bed-and-breakfasts, country inns, and may also include
other related resort elements, including golf courses, edutainment
centers, outdoor recreational facilities, wineries, movie theaters,
convention/conference centers, together with retail business customarily
incidental to the primary use and incorporated into a hotel or lodging
structure, riding stables, and associated accessory or support facilities.
A development that is planned, developed, operated and maintained
as a single entity and containing one or more residential clusters,
which may include appropriate commercial, public, or quasi-public
uses primarily for the benefit of the residential development.
Roofed, open areas, which may be screened, attached to or
part of a building, and with direct access to and from it.
The main use of a lot, building or structure.
Any sewer system for more than one user which is not a public
sewer.
Any water supply for more than one user which is not a public
water system.
Any sewer system for more than one user owned or controlled
by a governmental agency, such as the Town of Fallsburg consolidated
sewer district, or public utility.
Buildings, structure, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, and public transit, to the
public.
Any water supply system for more than one user owned or controlled
by a governmental agency, such as the Town of Fallsburg, or public
utility.
Any place where stone, sand, gravel, minerals or other natural
material, except topsoil, is removed for the purpose of sale or any
other commercial purpose other than such as may be incidental to excavating
or regrading in connection with a building development or landscaping
on the site.
Includes boats and boat trailers, pickup campers or coaches
(designed to be mounted on automotive or truck vehicles), motorized
dwellings, travel trailers, and the like.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
Artificial lakes where water is collected and kept for use.
A parcel of land providing for temporary lodging, recreation
or entertainment primarily to vacationers. A primary place of residence,
a medical or other rehabilitative facility or a single-room occupancy
residential project shall not be considered a resort.
An establishment where food and drink are prepared, served,
and consumed on premises to patrons seated at tables and served by
a waiter or waitress or where food is taken out by patrons for home
consumption.
Stores and shops where goods are sold primarily at retail.
Such sales are primarily made directly to the consumer and include,
but are not limited to, goods such as food and beverages; florists;
shoes and clothing; hardware, paint and wallpaper; carpeting; hobby
and crafts; books; furniture; antiques; art supplies; music; pharmacies;
jewelry; photographic supplies; pets; gifts; stationery; sporting
goods; fabrics; optical goods; laundromat, and appliances; but excluding
lumber yards and restaurants.
A basin that holds water in a pool. The only outlet is through
an emergency spillway that allows the basin to overflow in a controlled
manner should it become too full. The retention basin loses water
through infiltration and evaporation but is designed with capacity
to hold the runoff from average storm events.
A facility owned in its entirety by one property owner or
one organization and not held in condominium or cooperative ownership,
or any ownership wherein individuals hold shares of ownership, for
the purpose of religious activity, worship, contemplation, education,
personal or spiritual growth, and related activities, both within
buildings and on facility grounds, and its accessory buildings and
uses. A retreat may include the following uses, but is not limited
to a house of worship, seminary, retreat house, and monastery buildings,
educational facilities, housing accommodations for participants in
programs/retreats and staff, sanitary and eating facilities, administrative
offices, public assembly areas, storage and maintenance facilities.
A room separated from other rooms by walls and doorways,
but not including kitchens, bathrooms, or similar utility spaces,
porches, decks, foyers or halls.
Any concave, circular, or dish-shaped device less than four
meters in diameter designed for receiving communication or television
signals from space, but does not include conventional television,
radio, and amateur radio antennas.
Any school not a public elementary or high school conducting
a regularly scheduled curriculum of special or vocational study.
An educational institution, other than a public school, offering
courses of an academic nature leading to a recognized degree or education
level of the New York State Board of Regents, or offering a specialized
course leading to professional licensing by the New York State Education
Department, but specifically not including schools of a trade, commercial
or vocational nature, whether or not such institution is operated
for profit and which is in operation for the majority of the calendar
year.
A school supported, controlled and operated by a religious
organization, offering courses in religious instruction, authorized
to perform its corporate function and registered with the State of
New York.
A method of visually shielding or buffering one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
Occupancy from March 1 to November 1 in any calendar year
or any part thereof.
[Amended 9-13-2021 by L.L. No. 18-2021]
A public facility for storage of personal, household or business
property which is serviced by the owner of the stored property or
an agent of the owner for periods of at least 60 days or greater.
The term "self-storage facility" includes all similar uses and terms
but shall not be construed to mean warehouse.
The required minimum distance from the building or use to
the front lot line. When the property extends to the center line of
a road, the required setback shall be measured 25 feet from the center
line of the road.
The required minimum distance from the building or use to
the rear lot line.
The required minimum distance from the building or use to
any lot line other than to the front or rear lot lines.
A pipe or conduit that carries wastewater or drainage water.
Two or more commercial establishments planned, constructed,
and managed as a total entity with customer and employee parking provided
on-site, and provisions for goods delivery separated from customer
access.
Any structure which is in the nature of an announcement,
direction, advertisement or any other similar message either freestanding
or printed on a building or structure. Any sign message in the Town
of Fallsburg shall be labeled in the Modern English Alphabet for 9-1-1
and postal purposes, in addition to any other language which may appear
thereon.
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Any sign related to a business or profession conducted, or
to a commodity or service sold or offered, upon the premises where
such sign is located.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included;
When such sign consists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a wall, the
total area of such sign shall be deemed the area within which all
of the matter of which such sign consists may be inscribed.
A commercial sign that directs attention to a business, commodity,
service, or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
An off-premises sign, identifying a commercial enterprise
by name, without other advertising matter, intended as a guide for
the general public in finding the location of the commercial enterprise.
A freestanding sign, other than a pole sign, in which the
entire bottom is in contact with or close to the ground.
Any sign illuminated by electricity, gas or other artificial
light, including reflected or phosphorescent light.
A sign which is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is six feet or more above
grade.
Any sign which projects from the exterior of any building.
The area of a building wall fronting on a street not including
doors and windows.
A plan of a lot on which is shown topography, location of
all buildings, structures, roads, rights-of-way, boundaries, all essential
dimensions and bearings and any other information as provided for
under this Zoning Chapter.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
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.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar energy 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. Can be mounted on flat and pitched
roofs.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of on-site consumption. Energy production
is not to exceed more than 110% of the on-site consumption needs.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
Residue material with insufficient liquid content to be free
flowing.
Agricultural: solid waste that results from the raising and
slaughtering of animals, and the processing of animal products and
orchard and field crops;
Commercial: waste generated by stores, offices and other activities
that do not actually turn out a product;
Industrial: wastes that result from industrial processes and
manufacturing;
Institutional: waste originating from educational, health care
and research facilities;
Municipal: residential and commercial solid waste generated
within a community;
Pesticide: the residue from the manufacturing, handling or use
of chemicals intended for killing plant and animal pests;
Residential: waste that normally originates in a residential
environment; sometimes called domestic solid waste.
A use which, because of unique characteristics, requires
a special permit in accordance with this Zoning Chapter.
Any establishment where horses are kept for riding, driving
or stabling for compensation, or incidental to the operation of any
club, association, ranch or similar establishment.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
A road shown on the official map of the Town of Fallsburg,
or an existing Town, county, state highway or street shown on an approved
subdivision plat, or a street shown on a plat filed with the County
Clerk prior to the Planning Board's authorization to review subdivision.
The dividing line between a lot and a street right-of-way.
Any change in the supporting members of a building, such
as beams, columns, or girders.
A combination of materials to form a building or other construction
that is safe and stable and includes, among other things, stadiums,
radio towers, sheds, storage bins, billboards and display signs.
Following the issuance of site plan approval and all necessary
building permits, substantial construction means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Substantial construction does
not include land preparation (including clearing, excavation, grading,
or filling), the installation of streets or walkways, excavation for
a basement, footings, piers or foundations or the erection of temporary
forms or the installation of accessory buildings such as garages or
sheds.
[Added 6-8-2020 by L.L. No. 3-2020; 7-13-2020 by L.L. No. 6-2020]
Any body of water (excluding natural bodies of water fed
by rivers, streams or brooks) or receptacles for water having a depth
at any point greater than six inches used or intended to be used for
swimming or bathing, and constructed, installed or maintained above
or below ground outside of any building.
An establishment in which alcoholic beverages are served,
primarily by the drink, and where food or packaged liquors may also
be served or sold.
A structure that is erected without any foundation or footings
and is removed when the designated time period, activity, or use for
which the temporary structure was erected has ceased.
A building or part of a building used to show motion pictures
or for drama, dance, musical or other live performances.
Any change in the configuration of a surface area, including
its relief, relative elevations and position of natural or man-made
features, excepting those changes incident to or normally part of
agricultural operations or home gardening.
See "dwelling, townhouse."
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind.
The specific purpose for which land or a building is used
or occupied or maintained.
Any road used by the public and maintained by the Town werein
property owners own the land underneath the road. A user road shall
be presumed to have a right-of-way width of 50 feet, measured 25 feet
on either side of the center line of the road.
[Amended 7-13-2020 by L.L. No. 4-2020]
The authorization by the Zoning Board of Appeals for the
use of the land in a manner which is not allowed by the dimensional
or physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of the land for a purpose which is otherwise not allowed or is
prohibited by the applicable zoning regulations.
When a landowner has received approval on a project and has
undertaken substantial construction and made substantial expenditures
in reliance on that approval. The landowner's right to develop has
vested and cannot be taken away by a zoning change by the legislature.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to hospital use.
A plantation of grape-bearing vines, grown mainly for winemaking,
but also raisins, table grapes and nonalcoholic grape juice.
A building, or part of a building, for storing of goods,
wares, and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
As defined by the New York State Alcoholic Beverage Control
Law, the product of the normal alcoholic fermentation of the juice
of fresh, sound, ripe grapes, or other fruits or plants with the usual
cellar treatment and necessary additions to correct defects due to
climatic, saccharine and seasonal conditions, including champagne,
sparkling and fortified wine of an alcoholic content not to exceed
twenty-four per centum by volume.
As defined by the New York State Alcoholic Beverage Control
Law, means and includes any place or premises wherein wines are manufactured
from any fruit or brandies distilled as the by-product of wine or
other fruit or cordials compounded, and also includes a winery for
the manufacture of wine in any state other than New York State and
which has and maintains a branch factory, office or storeroom within
the State of New York and receives wine in this state consigned to
a United States government bonded winery, warehouse or storeroom located
within the state.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts, and other customary yard accessories, ornaments,
and furniture may be permitted in any yard subject to height limitation
and requirements limiting obstruction of visibility.
An open space extending across the entire width of the lot
between the building line or front main wall of a building and the
front property line (street or road right-of-way line) and into which
space there shall be no extension of building parts other than steps,
porches, eaves, cornices and similar fixtures.
An open space extending across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory buildings and open
porches which in the aggregate shall occupy not more than 35% of the
area.
An open unobstructed space on the same lot with a principal
building between the principal building and the side line of the lot
and extending through from the front yard to the rear yard, into which
space there shall be no extension of building parts other than the
eaves with an overhang of not more than two feet, rain water leaders,
and other such fixtures and open steps for a distance not exceeding
four feet.
An elementary or secondary school for the advanced study
of Jewish texts and registered with New York State.
