[Amended 5-16-2007 by L.L. No. 2-2007; 8-15-2007 by L.L. No. 4-2007; 5-7-2014 by L.L. No. 1-2014; 10-15-2014 by L.L. No. 3-2014; 6-1-2015 by L.L. No. 2-2015; 12-5-2018 by L.L. No. 2-2018]
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDON
To cease, for more than two years and one day, the use and
maintenance of land, buildings or structures which have been nonconforming
uses; or to change from one nonconforming use to another; or to change
from a nonconforming use to a conforming use.
ACCESSORY STRUCTURE
Any structure or a portion of a main structure customarily
incidental and subordinate to a principal land use or development
and that customarily accompanies or is associated with such principal
land use or development, including a guest cottage not for rent or
hire that is incidental and subordinate to and associated with a single-family
dwelling.
ACCESSORY USE
A use of a structure, lot or portion thereof that is customarily
incidental and subordinate to and does not change the character of
a principal land use or development, including, in the case of residential
structures, professional, commercial and artisan activities carried
on by the residents of such structures.
ADIRONDACK PARK
Land lying within the area described in Subdivision 1 of
§ 9-0101 of the Environmental Conservation Law of the State
of New York, including any future amendments thereto.
ADULT ENTERTAINMENT USE
The following:
A.
ADULT BOOK OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, periodicals, or other printed matter or photographs, films, videos, slides or other visual representations which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas, or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises.
B.
ADULT ENTERTAINMENT CABARETAn establishment which regularly presents topless or bottomless dancers, strippers, persons who expose specified anatomical areas, male or female impersonators, lingerie models or exotic dancers, or similar entertainment, films, motion pictures or videos, slides or photographic materials.
C.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
D.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, videos, slides or other photographic reproductions are shown, and in which a significant portion of the presentation is devoted to the showing of material characterized by the depiction or description of specified sexual activities or specified anatomical areas, whether or not the presentation is viewed by the persons in the theater generally, in a private room, or in an individual enclosure.
E.
ADULT MASSAGE ESTABLISHMENTAn establishment where massages are administered for consideration, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not include a hospital, nursing home, medical clinic, office of a physician, surgeon, chiropractor, osteopath or licensed massage therapist or a licensed school.
F.
ADULT MODELING STUDIOAn establishment where, for consideration, persons regularly appear in the nude or appear displaying specified anatomical areas for the purpose of being observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
AGRICULTURAL WASTE
Any refuse, except garbage and dead animals, generated on
a farm or ranch by crop and livestock production practices, including
but not limited to such items as bags, cartons, dry bedding, structural
materials and crop residues but excluding landscape waste.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another.
ANTIQUE SHOP
A commercial facility or home occupation selling items constructed
and/or manufactured in an earlier time.
AREA, BUILDING
The total of the areas measured on a horizontal plane at
the main grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
AREA, FLOOR
The sum of the gross horizontal area of the several floors
of the building measured from the exterior faces of the exterior walls
or from the center line of the walls separating two buildings. Unheated
porches, terraces, cellars, basements and enclosed off-street parking
areas shall not be included in calculation of floor area.
AREA, LOT
The total area within the lot lines, excluding external streets.
ASSISTED LIVING COMMUNITY
Residences for the frail and elderly that provide rooms,
meals, personal care, and supervision of self-administered medication.
They may provide other services, such as recreational activities,
financial services, and transportation.
AUCTION HOUSE
A place where objects of art, furniture, and other goods
are offered for sale to persons who bid on the object in competition
with each other.
AUTOMOTIVE REPAIR
The commercial repair, servicing, rebuilding or reconditioning
of motor vehicles or parts thereof, including collision service, body
and fender work, welding, painting, straightening, sanding and steam
cleaning of vehicles.
A-WEIGHTED SOUND LEVEL
The frequency-weighted sound-pressure level (in decibels)
measured on a sound-level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) specifications
for sound-level meters (ANSI No. 4-1971).
AWNING
An impermanent structure, other than a roof, attached to,
or supported by and projecting from a building and providing protection
from the elements.
BANK
An establishment where the primary purpose is for custody,
loan, exchange, or issue of money, for the extension of credit, and
for facilitating the transmission of funds.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be considered as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or is used for business
or dwelling purposes.
BED-AND-BREAKFAST
A private dwelling in which at least one and not more than
five rooms are offered for rent for transient occupancy, in which
overnight lodging and meals are offered to such occupant.
BUFFER AREA
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield or block noise,
lights, or other nuisances.
BUILDING
Any structure intended for the housing, shelter or enclosure
of persons, animals or property.
BUILDING HEIGHT
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.
BUILDING LINES
The building front line shall mean the line of that face
of the building nearest the front line of the lot. This face includes
sun parlors, covered porches and uncovered decks, whether enclosed
or open, but does not include steps. Side and rear building lines
shall be determined in a comparative manner. All yard setback requirements
are measured to the building line.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BULK
A term to describe the size, volume, area and shape of buildings
and structures and the physical relationship of their exterior walls
or their location to lot lines, other buildings and structures, or
other walls of the same building, and all open spaces required in
connection with a building, other structure or tract of land.
BURNING and/or PROCESSING
Any type of combustion process involving any solid waste,
including for use as a fuel in recovering usable energy.
BUSINESS
A legally permitted occupant of land or premises, which is
found or located within its own separate, physical space and with
its own separate entrance.
CAMPGROUND
Any area providing sites for the temporary parking or erection
of occupied travel or popup trailers, motor homes, truck campers,
tents, and all buildings and facilities pertaining thereto.
CHURCH/PLACE OF WORSHIP
A building or structure, or group of buildings and structures,
which by design and construction is primarily intended for use by
groups or persons to conduct organized religious services and the
accessory uses associated therewith.
CLUB or LODGE
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity, but not primarily for profit, or to render
a service which is customarily carried on as a business.
COMBUSTION
The thermal treatment of solid waste in a device which uses
elevated temperatures as the primary means to change the chemical,
physical, or biological character or composition of the waste. Examples
of combustion process include incineration, pyrolysis, and fluidized
bed.
COMMERCIAL LODGING
An establishment which provides overnight sleeping accommodations
for transient guests and provides customary hotel services such as
maid service, the furnishing and laundering of linen, and telephone
and secretarial or desk service. A hotel or motel may also provide
restaurants, meeting rooms, entertainment and recreational facilities.
This term includes the term "inn."
COMMERCIAL MESSAGE
Any sign wording, logo, other representation that directly
or indirectly names, advertises, or calls attention to a business,
product, service or other commercial activity.
COMMERCIAL WASTE
Solid waste generated by stores, offices, institutions, warehouses,
restaurants, and nonmanufacturing activities in industrial facilities
and agricultural enterprises.
COMMON OPEN SPACE
An area of land within a site designated for development
which is designed, intended and reserved for the users of the development.
Common open space may include such complementary structures and facilities
as are appropriate for the needs of the users of the development.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, and meeting rooms.
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads
and uncontaminated solid waste resulting from land clearing. Such
waste includes but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products, but not including unadulterated wood as set
forth herein), land clearing debris, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles and other
roof coverings, asphaltic pavement, glass, plastics that are not sealed
in a manner that conceals other wastes, empty buckets 10 gallons or
less in size and having no more than one inch of residue remaining
on the bottom, electrical wiring and components containing no hazardous
liquids, and pipe and metals that are incidental to any of the above.
Solid waste that is not C&D debris (even if resulting from the
construction, remodeling, repair and demolition of utilities, structures
and roads and land clearing) includes but is not limited to asbestos
waste, garbage, corrugated container board, electrical fixtures containing
hazardous liquids such as fluorescent light ballasts or transformers,
fluorescent lights, carpeting, furniture, appliances, tires, drums,
containers greater than 10 gallons in size, any containers having
more than one inch of residue remaining on the bottom and fuel tanks.
Specifically excluded from the definition of C&D debris is solid
waste (including what otherwise would be C&D debris) resulting
from any processing technique, other than that employed at a Department
of Environmental Conservation-approved C&D debris processing facility,
that renders individual waste components unrecognizable, such as pulverizing
or shredding. Also, waste contained in an illegal disposal site may
be considered C&D debris if the Department of Environmental Conservation
determines that such waste is similar in nature and content to C&D
debris.
CONVENIENCE STORE
A commercial facility selling basic foods and household items.
The intent of such a facility is to address transient or last minute
needs, not supply a full complement of groceries and household supplies.
COPY
The words, letters, symbols, illustrations, or graphic characters
used to convey the message of a sign.
COVERAGE
That percentage of the plot or lot area covered by the combined
area of all buildings or structures on the lot.
CULTURAL FACILITY
An establishment of an historic, educational or cultural
interest which is not operated commercially.
DAY-CARE FACILITY
A place, person, association, corporation, agency or institution
which provides day care for five or more children placed there by
parents, guardians or others responsible for their care. The name,
description or form of the entity that operates a day-care facility
shall not affect its status as a day-care facility.
DENSITY
The number of principal dwelling units per area of land.
DISCARDED MATERIAL
Material abandoned by being disposed of, burned or incinerated,
including being burned as a fuel for the purpose of recovering usable
energy, or accumulated, stored or physically, chemically or biologically
treated (other than burned or incinerated) instead of or before being
disposed of.
DWELLING
A building designed or used as living quarters for one or
more families. The term shall not be deemed to include motel, rooming
house or tourist home.
DWELLING UNIT
A room or group of rooms providing complete housekeeping
facilities for one family and occupied by a single-family unit.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more entirely
separate dwelling units and designed for occupancy by three or more
families living independently of each other.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit designed
for occupancy by one family. With the exception of mobile homes, all
factory-built housing intended for single-family occupancy shall be
considered single-family dwellings.
DWELLING, TWO-FAMILY
A detached building containing two entirely separate dwelling
units designed for occupancy by two families.
EASEMENT
A vested or acquired right to use land other than as a tenant
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
EDUCATIONAL FACILITY
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
ELECTION SEASONS
A period starting 60 days before and 10 days after votes
are cast for school, local, county, state and federal elections. Election
season shall also include votes on local school budgets.
ENERGY RECOVERY
The treatment by which energy is extracted and marketed from
solid waste in excess of that required to operate the facility.
EXCAVATION
Any extraction from the land of sand, gravel, clay, shale,
rock, topsoil or other natural mineral deposits.
FACADE
The face of a building.
FAMILY
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boarding house, lodging house, club, fraternity or hotel.
A family consists of a single person or of two or more persons, whether
or not related by blood, marriage or adoption, and may also include
domestic servants and gratuitous guests.
FLAG
Any fabric or other flexible material attached to or designed
to be flown from a flagpole or other similar device.
FLAG, COMMERCIAL MESSAGE
Any flag with a commercial message associated with the commercial
use on the lot which the flag is located, and one which is no larger
than 15 square feet.
FLAG, NONCOMMERCIAL MESSAGE
Any flag that does not contain a commercial message and includes
but is not strictly limited to symbolizing a unit of government or
nationality, or a personal, noncommercial organization, or group cause
or belief.
FUNERAL HOME
A structure used by a licensed mortician for burial preparation,
funerals and related services.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein or space therein for more than three cars is leased
to a nonresident of the premises.
GASOLINE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline, oil, or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof or the use of mechanical car
washing equipment. The term "gasoline station" may also include a
convenience store as an integral part of the gasoline station.
GREENHOUSE, COMMERCIAL
A building in excess of 300 square feet whose roof and sides
are made largely of glass or other transparent or translucent material
and in which the temperature and humidity can be regulated for the
cultivation of delicate or out-of-season plants for subsequent sale.
These shall be considered an agribusiness.
HOME OCCUPATION, CLASS I
Any occupation or business use, full- or part-time, conducted
within a residential dwelling unit or an accessory structure, or both,
by only a resident of the property.
HOME OCCUPATION, CLASS II
Any occupation or business use, full- or part-time, conducted
within a residential dwelling unit or an accessory structure, or both,
by a resident of the property and up to two nonresident employees.
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes.
Such processes may include but are not limited to the following: electric
power generation; fertilizer/agricultural chemicals; inorganic chemicals;
iron and steel manufacturing; leather and leather products; nonferrous
metals manufacturing foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and miscellaneous plastic
products; stone, glass, clay and concrete products; textile manufacturing;
transportation equipment; and water treatment. The forms of such wastes
are exemplified by but not limited to liquids such as acids, alkalis,
caustics, leachate, petroleum (and its derivatives), and process or
treatment wastewaters; sludges which are semisolid substances resulting
from process or treatment operations or residues from storage or use
of liquids; solidified chemicals, paints or pigments; and dredge pool
generated by manufacturing or industrial processes, foundry sand,
and the end or by-products of incineration or other forms of combustion.
It shall include, but not be limited to, radioactive waste, pesticides,
lime acids, chemicals, petroleum products, tar, and dye stuffs, hospital
and medical waste, etc., that do not fall under 6 NYCRR 371, but may
contain hazardous substances below the levels defined as hazardous
waste. This term does not include oil or gas drilling, production,
and treatment wastes (such as brines, oil and frac fluids); overburden,
spoil or tailings resulting from mining; or solution mining brine
and insoluble component wastes.
INDUSTRY, LIGHT
A use involving the manufacturing and/or processing of a
product, but not producing noisy or otherwise objectionable disturbances
such as vibration, dust, odors, or heavy truck traffic, and not involving
the use of heavy machinery.
INDUSTRY/MANUFACTURING
Any industrial process whereby the nature, size or shape
of an article is changed into a product which generally shall be a
finished product.
LAND CLEARING DEBRIS
Vegetative matter, soil and rock resulting from activities
such as land clearing and grubbing, utility line maintenance or seasonal
or storm-related cleanup such as trees, stumps, brush and leaves and
including wood chips generated from these materials. Land clearing
debris does not include yard waste which has been collected at the
curbside.
LAND USE ACTIVITY
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of use
of land or a structure. "Land use activity" shall explicitly include,
but not be limited to, the following: new structures, expansions of
existing structures, new uses, material changes in or expansions of
existing uses, roads, fences, driveways and mining for the purpose
of extracting soils or mineral deposits, and demolitions. Any landscaping
or grading which is not intended to be used in connection with another
land use, or ordinary repairs or maintenance or interior alterations
to existing structures or uses or gardening shall be permitted land
use activities in all districts.
LOT
A portion or parcel of land considered as a unit devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
LOT LINE
Any line dividing one lot from another.
LOT LINE, FRONT
The lot line which abuts upon a street or highway right-of-way
boundary, or shoreline if the principal structure faces such shoreline.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
record or deed prior to the effective date of this chapter, as shown
in the records of the Town Assessor.
LOT WIDTH
The width of the lot measured at the line of the front face
of the principal building.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
MANUFACTURING USE
Facilities or operations involved in assembling, disassembling,
repairing, fabricating, finishing, or transformation of raw materials
into finished goods for sale. Manufacturing may involve the chemical
or mechanical transformation of materials or substances into new products
for sale or further processing off site. Manufacturing may involve
the exterior storage of goods and materials as well as of finished
products.
MAXIMUM BUILDING HEIGHT
The maximum height to which a building or structure may be
constructed, measured from the lowest manipulated grade to the highest
point of the structure. Limitations shall not apply to belfries, church
spires, cupolas, penthouses and domes which are not used for human
occupancy; nor to chimneys, ventilators, skylights, water tanks and
necessary mechanical appurtenances usually carried above the roof
level; nor to barns, silos, monuments, transmission towers and similar
structures.
MAXIMUM LOT COVERAGE
The maximum percentage of the lot area that may be covered
by the combined area of all buildings or structures on the lot.
MEDICAL CLINIC/NURSING HOME
A facility in which one or more doctors trained in the healing
arts, assisted by a staff, treat patients for a length of time that
does not include overnight care.
MIXED USE
Areas with more than one land use either stacked (multi-level
with residential above and commercial below) or integrated.
MOBILE HOME
A transportable structure built on a permanent chassis, meaning
the steel understructure remains with the unit when placed on a site,
with or without wheels utilized in transportation, the permanent chassis
being a design feature allowing for the future removal of the unit(s)
from a site without the necessity of utilizing a new understructure.
The removal of the wheels or the anchoring of a mobile home to a permanent
foundation shall not remove it from this definition. A mobile home
is designed to be used as a dwelling, with or without a permanent
foundation, when connected to required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems contained
therein. Every mobile home shall have a manufacturer's label which
certifies that, to the best of its knowledge and belief, the home
is in compliance with all applicable federal construction and safety
standards. Every mobile home shall bear a data plate, affixed in the
manufacturing facility, bearing not less than the following information:
the statement "This mobile home is designed to comply with the federal
mobile home construction and safety standards in force at the time
of manufacture" and reference to the structural zone and wind zone
for which the home is designed.
MUNICIPAL SOLID WASTE
Combined household, commercial and institutional waste materials
generated in a given area.
NONCONFORMING LOT
Any lot lawfully of record on the effective date of this
chapter which does not meet the minimum lot area and/or lot width
requirements of this chapter for the land use district in which such
lot is situated.
NONCONFORMING STRUCTURE
Any structure which is lawfully in existence on the effective
date of this chapter but which is not in conformance with the location
or dimensional regulations for that land use district.
NONCONFORMING USE
Any use which is lawfully in existence within a given land
use district on the effective date of this chapter which is not in
conformance with the use regulations of the district in which such
use is located.
NURSING HOME
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
OFF-PREMISES SIGN/BILLBOARD
A commercial message sign which directs attention to a for-profit
business, profession, commodity, service or entertainment that is
not carried on, sold or offered on the same lot that the sign is located
upon. Posters and special signs, as defined below, are not considered
off-premises signs for the purposes of this chapter.
OFFICE
A building used primarily for conducting the affairs of a
business, profession, service, industry, or government, or like activity,
and may include auxiliary services for office workers.
OPEN SPACE
Land not covered by buildings, pavement, open storage, mining
operations, or any other use that visually obscures the natural or
improved landscape, except for recreation facilities.
OPEN SPACE RECREATION
Any recreational activity particularly oriented to and utilizing
the outdoor character of an area.
OWNER
The titleholder of record of real property or, if deceased,
his/her estate.
PARK
A tract of land, designated and used by the public, for active
and passive recreation.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet, exclusive
of passageways.
PERFORMANCE STANDARD
A criteria established in Article
V of this chapter established to control noise, odor, dust, dirt, vibration, noxious gases, glare, smoke, water pollution and explosive hazards, or visual pollution generated by or inherent in the use of land or buildings.
PERSON
An individual, association, partnership or corporation (public,
stock or nonstock), or any combination thereof, and the agent or employee
thereof.
PERSONAL SERVICE
A commercial operation, store, or other place of business
catering to the personal needs of a customer. Personal services normally
include, but are not necessarily limited to, laundry including cleaning
and drying conducted by the patron as well as dry-cleaning and pressing
services where the cleaning process is conducted at a separate location,
beauty shops, barbershops, nail salons, shoe repair, weight loss centers,
health clubs, health spas, clothing repair, and upholstery repair.
PLANNED DEVELOPMENT DISTRICT
An area of land in which a variety of housing types or commercial,
mixed, or industrial facilities are accommodated in a preplanned environment
under more flexible standards than would normally apply under these
regulations, the approval of which involves requirements in addition
to those of the standard subdivision, such as building design and
landscaping and open spaces.
PLAT
A map, plan or layout of the Village or a section or subdivision
thereof, indicating the location and boundaries of individual properties
and streets.
PREMISES
The lot, building, or set of related buildings comprising
the location of one or more businesses or other ventures.
PRINCIPAL USE
The main or primary purpose for which land or a building
is used, occupied or maintained. When more than one use is on a lot,
the most intense use shall be considered the main or primary use.
PROFESSIONAL SERVICES
A commercial office primarily occupied by a licensed professional
such as physician, dentist, lawyer, engineer, architect, accountant,
insurance or real estate agent, or similar occupation.
PUTRESCIBLE
The tendency of organic matter to decompose with the formation
of malodorous by-products. For the purpose of this chapter, wood is
not considered to be putrescible.
PUTRESCIBLE WASTE
Solid waste that contains organic matter capable of being
decomposed by microorganisms and of such a character and proportion
as to be capable of attracting or providing food for disease vectors.
RECREATION FACILITY OR USE
A use of land or buildings for athletics, picnic grounds
and similar uses, but for the purposes of this chapter shall not include
the use of pinball machines, video games or other such uses involving
any mechanical device for private gain, except, however, food, soda,
candy and cigarette dispensing devices.
RECYCLING
Separating, segregating, processing and recovering recyclable
materials from solid waste for the purpose of future use, sale or
other disposition.
RECYCLING FACILITY
Any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is to be used, occupied or employed in the pursuit
of and for the purpose of recycling and for the purpose of storage,
processing, packaging, selling, marketing or otherwise utilizing recyclable
materials.
RESOURCE-RECOVERY FACILITY
Any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is to be used, occupied or employed for the purpose
of extraction, production and recovery of energy from solid, semisolid,
or liquid wastes by means of combustion or similar process.
RETAIL/WHOLESALE STORE
Any use involving the sale, rental or distribution of goods,
services or commodities, either retail or wholesale.
RETIREMENT COMMUNITY
Any age-restricted development, which may be in any housing
form, including detached and attached dwelling units, apartments and
residences, offering private and semiprivate rooms.
SANITARY LANDFILL
A facility which includes types of operations in which solid
waste is deposited by plan on a specified portion of open land, is
compacted by force applied by mechanical equipment and then is covered
by a layer of earth, all in accordance with or intended to be in accordance
with 6 NYCRR 360.
SHORELINE
The mean high-water mark of any lake, pond, river or permanent
stream.
SIGN
Any device (including, but not limited to, letters, words,
numerals, figures, emblems, pictures, or any part or combination)
used for visual communication intended to attract the attention of
the public and visible to the public right-of-way or other properties.
The term "sign" shall not include noncommercial flags defined by this
chapter nor shall it include any merchandise normally displayed within
a show window of a business.
SIGN, AWNING
Any visual message incorporated into or attached to an awning.
Also known as a canopy sign.
SIGN, BANNER
A temporary portable sign printed, lettered, drawn or displayed
on a sheet composed of fabric, pliable plastic, paper or other nonrigid
material with or without hemmed edges and grommets for mounting.
SIGN, BLADE
A sign attached to and projecting away from the face of a
building or structure. Also known as a projecting sign.
SIGN, BUSINESS DIRECTORY
A permanent freestanding sign shared by and listing two or
more businesses which share a single access road off a public road.
SIGN, CHANGEABLE COPY
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged manually without altering the face
or surface of the sign.
SIGN, ELECTRONIC CHANGEABLE COPY
An electronic changeable copy sign, typically comprising
a liquid crystal diode (LCD), light-emitting diode (LED), plasma,
or other digital illuminated display that contains one or more messages.
SIGN, FREESTANDING
Any permanent or temporary sign (as those terms are defined
in this chapter) anchored directly to the ground or supported by one
or more posts, columns, or other vertical structures or supports,
and not attached to or dependent for support from any building.
SIGN, ON-PREMISES
A sign which directs attention to a business, profession,
commodity, service or entertainment carried on, sold or offered on
the same lot where the sign is located.
SIGN, PERMANENT
Durable signage mounted or affixed to the ground or a building
for long-term use, not easily removed without the need for tools or
special equipment, resistant to weather and other wear and tear, and
otherwise does not meet the definition of "temporary sign" as defined
by this chapter. For the purposes of this chapter, "permanent signs"
shall only include pole, pylon, monument, wall, soffit, blade, canopy,
and roof signs.
SIGN, POLE
A permanent sign supported by one or more poles, columns,
or supports placed in or on the ground and not attached to any building
or other structure. For the purposes of this chapter, pole signs shall
also include monument and pylon signs.
SIGN, PORTABLE
A sign not permanently affixed to a building or ground, nor
wired for electricity or other utility, and easily removed to another
location with little or no need for tools or special equipment.
SIGN, PORTABLE
Any structure without a permanent foundation or otherwise
permanently attached to a fixed location, which can be carried, towed,
hauled or driven and is primarily designed to be moved rather than
be limited to a fixed location regardless of modifications that limit
its movability.
SIGN, POSTER
A temporary sign composed of paper, cloth, canvas, plastic
sheet, cardboard, wallboard, plywood or other like materials.
SIGN, RESIDENTIAL
A sign, not more than two square feet in area, for noncommercial
identification purposes.
SIGN, ROOF
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and projects above
the highest point of a building with a flat roof, the eave line of
a building with a gambrel, gable, or hip roof, or the deck line of
a building with a mansard roof.
SIGN, SIDEWALK
A temporary, freestanding sign, composed of one or two sign
panels, and which is intended to be placed on or near a curb, sidewalk
or pedestrian way. For the purposes of this definition, sidewalk signs
shall only include a-frame, t-frame and curb signs and may include
changeable copy but not electronic changeable copy.
SIGN, SOFFIT
A sign hung from and within an overhang, which is attached
to a building or structure, and which covers a walkway serving that
building or structure. Also known as a hanging sign.
SIGN, TEMPORARY
A movable sign not permanently secured to the ground or any
building or other structure. These signs shall include freestanding
signs such as sandwich board, pedestal, and wire and metal frame signs
along with banners and posters as these terms are defined in this
chapter.
SIGN, WALL SIGN
A sign attached to and mounted parallel to the face of a
building.
SIGN, WINDOW
Any sign affixed to the inside of a window or door, or a
sign placed within a building to be plainly visible and legible through
a window or door.
SIGN, YARD
A temporary portable sign supported by wire, metal or wood
framing and temporarily anchored into the ground.
SLOPE
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
SOLID WASTE
Any garbage, refuse, sludge from a wastewater treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded materials, including solid, liquid, semisolid, or
contained gaseous material, resulting from industrial, commercial,
mining and agricultural operations and from community activities,
but does not include solid or dissolved materials in domestic sewage,
or solid or dissolved materials in irrigation return flows or industrial
discharges that are point sources subject to permit under 33 U.S.C. § 1342,
as amended (86 Stat. 880), or source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923), except as may be provided by
existing agreements between the State of New York and the government
of the United States.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; refuse-derived
fuel processing facilities; pyrolysis facilities; C&D debris processing
facilities; land application facilities, composting facilities; surface
impoundments; used oil storage, reprocessing and rerefining facilities;
recyclables handling and recovery facilities; waste tire storage facilities;
and regulated medical waste treatment facilities. The term includes
all structures, appurtenances, and improvements on the land used for
the management or disposal of solid waste.
SOURCE SEPARATION
The segregation of recyclable materials from the SLGW stream
at the point of generation or collection for separate collection,
sale or other disposition.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic regions, buttocks and female breasts
below a point immediately above the top of the areola, and human male
genitals in a discernibly turgid state even if completely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following: human genitals in a state of sexual
stimulation or arousal, acts of human masturbation, sexual intercourse
or sodomy, and the fondling or other erotic touching of specified
anatomical areas.
STRUCTURE
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, signs, tanks and any fixtures, additions and alterations thereto.
SUBDIVISION OF LAND or SUBDIVISION
The division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, or any form
of separate ownership or occupancy. "Subdivision of land" shall include
any map, plat or other plan of the division of land, whether or not
previously filed.
TEMPORARY
Not exceeding 90 days per calendar year.
TOWNHOUSE
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical column fire-resistant walls.
TRAIN STATION
A facility for the boarding of passengers and related ticketing
sales, offices and other accessory uses.
TRANSFER STATION
A solid waste management facility other than a recyclables
handing and recovery facility, used oil facility, or a C&D debris
processing facility, where solid waste is received for the purpose
of subsequent transfer to another solid waste management facility
for further processing, treating, transfer or disposal. Transfer of
solid waste from vehicle to vehicle, including truck to train, for
the purpose of consolidating loads for shipment to an authorized disposal
or treatment facility, is not considered a transfer station, provided
that the contents of each container remain in their closed container
during the transfer between vehicles; storage remains incidental to
transport at the location where the containers are consolidated; containers
are acceptable to the Department of Environmental Conservation and
maintained in a safe, nuisance-free (e.g., dust, odor, noise, etc.)
manner; and the transfer location is under the ownership or control
of the transporter.
UNADULTERATED WOOD
Any wood that is not painted or treated with chemicals such
as glues, preservatives or adhesives. Any painted wood or chemically
treated wood (e.g., pressure-treated wood, treated railroad ties)
or wood containing glues or adhesives (e.g., plywood, particle board)
is considered adulterated wood.
VETERINARY CLINIC/HOSPITAL
A facility providing health services and medical or surgical
care to animals suffering from illness, disease, injury, deformity
and other abnormal conditions, including related facilities such as
laboratories and boarding facilities.
WAREHOUSE
A building used to temporarily store or hold products or
articles for use in assembly or manufacturing or for future transmission
of said products or articles to another location.
WETLAND
Any land which is annually subject to periodic or continual
inundation by water and commonly referred to as a bog, swamp or marsh.
YARD, FRONT
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
YARD, REAR
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such rear lot line.
YARD, SIDE
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.