Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY (IN-LAW) APARTMENT
A secondary dwelling unit, including kitchen facilities,
located within or attached to a single-family dwelling, for occupancy
by a maximum of two persons, one of whom must be a member of the immediate
family (related by blood, marriage, or adoption) of the owner or resident
of the principal dwelling. The secondary unit must contain a minimum
floor area of 400 square feet, but cannot exceed 30% of the total
square footage of the principal dwelling. The secondary unit must
have internal access to the principal dwelling and meet all applicable
building and other codes. The building must maintain the appearance
of a single-family dwelling, and have only one set of utility services.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
ADULT ARCADE
An establishment where, for any form of consideration, one
or more still or motion picture projectors, slides projectors, or
similar machines, or other image-producing machines, for viewing for
five or fewer persons each, are regularly used to show films, motion
pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR VIDEO STORE
A business that derives 25% or more of its gross income from
the sale, or rental of, or utilizes 25% or more of its retail selling
area for books, magazines, periodicals, films, motion pictures, videocassettes,
slides, compact discs and/or computer generation or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which regularly features persons who appear nude or in
a state of nudity or semi-nudity; or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities; or films, motion pictures, videocassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of
their body identified in specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar business that offers public accommodations,
for any form of consideration, which provide patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions characterized by the depiction
or description of specified sexual activities or specified anatomical
areas and which advertises the availability of this sexually oriented
type of material by means of a sign visible from the public right-of-way,
or by means of any off-premises advertising, including but not limited
to newspapers, magazines, pamphlets or leaflets, radio or television;
or offers a sleeping room for rent for a period of time less than
10 hours; or allows a tenant or occupant to subrent the sleeping room
for a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observations by
patrons therein.
ADULT NOVELTY STORE
A business which derives 25% or more of its gross income
from the sale, or rental of, or utilizes 25% or more of its retail
selling area for any form of consideration, instruments, devices,
or paraphernalia which are designed for use or marketed primarily
for stimulation of human genital organs or for sadomachistic use or
abuse of themselves or others.
ADULT USE
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores, and massage establishments.
(1)
(a)
Less than the completely and opaquely covered human genitals,
pubic region, pubic hair or buttocks or female breast or breasts below
a point immediately above the top of the areola.
(b)
Human male genitals in a discernible turgid state even if completely
and opaquely covered.
(2)
(a)
Human genitals in a state of sexual stimulation or arousal.
(b)
Acts of actual or simulated human masturbation, sexual intercourse,
oral copulation or sodomy.
(c)
Fondling or other intentional erotic touching of human genitals,
pubic region, buttocks, anus or female breasts.
(d)
Excretory functions as part of or in connection with any of the activities set forth in Subsection
(2)(a) through
(c).
ALTERATIONS
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio-navigation, radio, television, wireless, and microwave communications.
The frequency of these waves generally ranges from 10 hertz to 300,000
megahertz.
AREA, NET SITE
The total area within the property lines of a project excluding
external streets.
BASEMENT
That portion of a building that is partly or completely below
grade.
BED-AND-BREAKFAST
An owner-occupied, single-family dwelling providing sleeping
accommodations and a meal in the forenoon of the day, on a temporary
basis and for compensation.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
BUILDING PERMIT
The written authorization from the Code Enforcement Officer required before commencing construction or other improvement, removal, relocation or demolition of any building or structure and before the installation of heating equipment or wood burning devices. A permit gives approval for the construction or use, subject to the conditions set forth in §
235-23 of this chapter.
BUILDING SETBACK
(1)
The distance as measured:
(a)
From any street line to the front line of the main or principal
building on a lot;
(b)
From the face of the side of a building to the side lot boundary
line; and
(c)
From the face of the rear of a building on a lot to the rear
lot lines.
(2)
The front property line and street line shall be determined
to be the same line.
BUILDING, ACCESSORY
A structure or piece of equipment that serves the principal
use; is subordinate in area, extent, and purpose to the principal
use; and is located on the same lot as the principal use. Examples
of such facilities include transmission equipment and storage sheds.
BUILDING, FRONT LINE OF
The line created by the face of the building (as extended
to the side boundary lines) nearest the front line of the lot. This
face includes sun parlors, porches, and decks, whether enclosed or
unenclosed but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CARE HOME
A facility occupied as a temporary or permanent residence
by three or more persons, and designed primarily as housing for persons
in need of care or supervision for reasons of chronic illness, handicap,
age, senility, or convalescence. Facilities shall include, for example,
nursing homes, rest homes, homes for prenatal care, and convalescent
homes, but shall exclude medical care facilities.
CEMETERY
Land, place, structure, facility, building or any portion
thereof improved and maintained for the interment of human remains
and may include interment structures, such as mausoleums, administrative
and maintenance structures and facilities for conducting funeral services,
but excludes facilities for the cremation of human remains.
[Added 8-12-2013 by L.L.
No. 2-2013]
CERTIFICATE OF OCCUPANCY OR COMPLIANCE
A written statement from the Code Enforcement Officer or
other properly authorized person that the construction or use proposed
under the same numbered permit, is completed and complies with the
existing regulations of the Zoning Local Law. A certificate of occupancy
serves as authorization to occupy the facility. A certificate of compliance
confirms that the improvements meet all conditions of the permit.
CHURCH
A structure (including a synagogue, mosque, or temple) used
for worship or religious instruction, together with social and administrative
rooms accessory thereto.
CODE ENFORCEMENT OFFICER
A person employed by the Town of Marcellus to enforce the
provisions of this chapter and the Uniform Code. May also be referred to as "Zoning Officer."
COUNTRY STORE
A use that would provide opportunities for agricultural enterprises
located in the Town to retail their products directly to consumers.
Agricultural products grown or otherwise produced by the owner must
constitute a substantial portion of all items sold. The sale of other
related items of an agricultural or country nature is permitted to
attract customers and promote the sale of the owner's agricultural
products. Such related items include produce, plants, lawn and garden
supplies, pet food, baked goods, ice cream, clothing items promoting
the store, and the like. Prohibited sales include vehicles, petroleum
products, hardware, tobacco products, beer and liquor, nonpromotional
clothing, furniture, sporting goods, farm or garden machinery, and
other items not related to and designed to promote the agricultural
nature of the establishment.
DAY-CARE CENTER
A facility offering care for three or more children in other
than a residential dwelling, for more than three hours per day, but
not more than 24 hours per day.
DISSEMINATION
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a person,
customer, member of the public or business invitee of any material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
DWELLING
A building designed or used exclusively as the living quarters
for one or more families.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities
for one family.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more
families living independently of each other.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
FAMILY
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding house, lodging house, club fraternity or hotel.
FAMILY DAY CARE
Consistent with § 390 of NYS Social Services Law,
a program caring for three to six children in a residential dwelling,
for more than three hours per day, but not more than 24 hours per
day. Such program may include an additional one or two school-age
children if those children receive care outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and/or dairy products. It includes necessary farm structures
within the prescribed limits, and storage of equipment used. It excludes
the raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
FARM POND
Natural or man-made body of water, the primary purpose of
which is agriculture.
FILLING STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning or servicing such motor vehicles.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a
building measured from the exterior faces of exterior walls excluding
attic space with less than seven feet of headroom, basements, garages,
terraces, breezeways, and parking ports.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity
of not more than three automobiles or not more than one automobile
per family housed in the building to which such a garage is accessory,
whichever is greater.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, which may be operated for gain, and which is used for storage,
repair, rental, greasing, washing, servicing, adjusting or equipping
of automobiles or other motor vehicles.
GROUP FAMILY DAY CARE
Consistent with § 390 of NYS Social Services Law,
a program caring for seven to 12 children in a residential dwelling,
for more than three hours per day, but not more than 24 hours per
day. Care may also be provided for up to four additional school-age
children outside school hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOME OCCUPATION
An accessory use of a character customarily conducted within
a dwelling by the resident(s), which is clearly secondary to the residential
use of the dwelling, and does not change the residential character
of the dwelling or have any exterior evidence of such secondary use,
except signs as permitted by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOTEL
A building or group of buildings containing rooms that is
to be used, rented, or hired out to be occupied as temporary lodging
for sleeping purposes. Kitchens, dining rooms, meeting rooms, and
other facilities intended for the accommodation of its patrons may
be provided within the building or in an accessory building. A bed-and-breakfast
is not considered a hotel.
KENNEL
One or more structures used for the harboring of more than
three dogs that are more than six months old for commercial purposes.
LOT
Land occupied or capable of being occupied by a building
and its accessory buildings, together with such open spaces as are
required, created in compliance with Town ordinances and local laws,
having not less than the minimum area, width, depth and all other
requirements for the zoning district in which said land is located,
as set forth in the Zoning Law, and in compliance with all other applicable
laws, rules and regulations.
LOT COVERAGE
That percentage of the lot covered by the area of all buildings
and structures.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The width of a lot measured along the street line.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets or proposed public rights-of-way.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
MASSAGE
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto, exposes his or her specified anatomical areas.
MASSAGE ESTABLISHMENT
Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include the profession of massage therapy by persons licensed
or authorized pursuant to Article 155 of the NYS Education Law, nor
to those persons specifically exempt from Article 155 of the NYS Education
Law.
MEDICAL CARE FACILITY
A facility where medical care is offered to persons on an
inpatient or outpatient basis by one or more licensed members of the
medical profession, including hospital, clinic, physicians' office,
but not including home occupations, or nursing and convalescent homes
(see "care home").
MOBILE HOME
A structure, transportable in one or more sections, that
is built on a chassis, and is designed for residential occupancy,
and provided with mechanical systems, such as plumbing, heating, electrical,
and refrigeration equipment. It may be on wheels or a permanent foundation,
but excludes travel trailers, motor homes, camping trailers, and other
forms of recreational vehicles.
NATURAL GAS
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
[Added 1-14-2013 by L.L.
No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXPLORATION
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
[Added 1-14-2013 by L.L.
No. 1-2013]
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
[Added 1-14-2013 by L.L.
No. 1-2013]
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
[Added 1-14-2013 by L.L.
No. 1-2013]
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES
Any garbage, refuse, cuttings, sludge, flow-back fluids,
produced waters or other discarded materials, including solid, liquid,
semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or
petroleum.
[Added 1-14-2013 by L.L.
No. 1-2013]
OUTDOOR STORAGE
The use of land for the outdoor storage of equipment, materials,
supplies, vehicles, or merchandise. Such uses include, by illustration,
lumber, building supplies, equipment, automobiles, and contractors'
storage, but exclude junkyards, waste, or scrap products.
PARKING SPACE
An off-street space used for the temporary parking of one
licensed motor vehicle, not including access driveway, and having
direct access to a public street.
PERSON
An individual or group of individuals, corporation, association,
partnership, or other entity.
RECREATION, INDOOR
A recreation use or facility designed and equipped for the
conduct of sports, amusement or leisure time activities and other
customary recreational activities within an enclosed building. Examples
include gymnasiums and exercise/fitness centers, community centers,
tennis or other racquet courts, bowling alleys, indoor soccer facilities,
team sports arenas, racquetball and tennis clubs, ice- and roller-skating
rinks, swimming pools, curling centers, billiard parlors, and firearms
ranges, but not including amusement rides or regular live entertainment.
RECREATION, OUTDOOR
A recreation use or facility designed and equipped for the
conduct of sports, amusement or leisure-time activities and other
customary recreational activities outside of an enclosed building.
Examples include team sports playing fields, including stadiums and
arenas, golf courses and driving ranges, miniature golf, batting and
pitching cages, hard or soft courts, skateboard parks, motorized vehicle
racing, pony rides, firearms and archery ranges, swimming pools, water
slides, ice rinks, and amusement parks.
RURAL OCCUPATION
An occupation that is carried on in a dwelling unit or on
a property where a dwelling unit exists, provided that the occupation
is carried on by the resident owner of the property or a resident
member of the owner's immediate family. A "rural occupation" must
clearly be incidental or accessory to the principal use of the property,
and may include mechanical and/or repair work, engine repairs, appliance
repair, stands for the sale of baked goods, home crafts or nursery
merchandise, small-scale off-site construction, driveway installation
or repairs, landscaping, delivery services, beauty parlors, and small
low-intensity businesses of a similar nature. A "rural occupation"
shall not include restaurants, parking lots, drive-in retail fuel
stations, outdoor storage of inoperative motorized equipment, or other
high-intensity businesses of a similar nature.
SPECIAL USE
A use that is deemed allowable within a given zone, but which
is potentially incompatible with other uses, and therefore, is subject
to special standards and conditions set forth for such use subject
to approval by the Zoning Board of Appeals.
STORAGE TRAILER
A complete truck used for storage of materials, supplies
or tools, or a van type of trailer such as is usually towed by a tractor.
It may be mounted on wheels or skids and is not intended for habitation.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A public right-of-way for vehicular traffic that is publicly
owned, open to the general public, and has been accepted by the Town.
The term includes designations such as highway, parkway, road, avenue,
boulevard, lane, place, drive, alley, and other variations.
STREET LINE
The common boundary of a street right-of-way, as distinguished
from the pavement, and the front property line of a parcel.
STRUCTURE
A combination of materials, including a building as defined
herein, to form a construction that is safe and stable and includes
among other things, decks, sheds, fences, swimming pools, display
signs, radio towers, satellite dishes over three feet in diameter
and windmills.
SWIMMING POOL
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
above-ground, and on-ground swimming pools, hot tubs, and spas.
TRAILER
A vehicle designed to be towed for the purpose of transporting
goods, wares, or merchandise.
UNIFORM CODE
New York State Uniform Fire Prevention and Building Code
effective January 1, 1984, and as subsequently revised and/or amended.
USE
The specific purpose, for which land, building, or other
structure is designed, intended, arranged, utilized, or maintained.
YARD, FRONT
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front of the building projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front line of the building and the street line. Porches and decks,
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
YARD, REAR
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot, or the center line of the alley
if there be an alley, and the rear line of the building.
YARD, SIDE
An open unoccupied space on the same lot with a main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the rear line of front yard to
the front line of the rear yard. If no front yard is required, the
front boundary of the side yard shall be the front line of the lot
and if no rear yard is required the rear boundary of the side yard
shall be the rear line of the lot.
ZONING PERMIT
The written authorization from the Code Enforcement Officer, other than a building permit, that the construction or use proposed is in accord with the regulations of the Zoning Law. A permit gives approval for the construction or use, subject to conditions set forth in §
235-23 of this chapter.