Except where specifically defined herein, all words used in
this Law shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular; the
word "Lot" includes the word "plot," the word "Building" includes
the word "Structure," the word "shall" is intended to be mandatory;
"occupied" or "used" shall be considered as though followed by the
words "or intended, arranged or designed to be used or occupied."
[Amended 2-16-2017 by L.L. No. 3-2017; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the
meanings indicated:
To give up with the intent of never again claiming one's
right or interests in; to give over or surrender completely.
An establishment having as a substantial or significant portion
of its stock-in-trade in books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities and/or specified
anatomical areas, or an establishment with a segment or section devoted
to the sale or display of such material.
A public establishment, location, or structure which features
topless dancers, nude dancers or strippers, male or female, or a location,
or structure used for presenting, lending or selling motion picture
films, videocassettes, digital media, cable television, or any other
such visual media, or used for presenting, lending, or selling books,
magazines, publications, photographs, or any other written materials
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities and/or specified
anatomical areas. An adult entertainment business includes an adult
bookstore.
The use of land, or a structure for an adult entertainment
business or an adult bookstore.
See "farm operation."
A retail or wholesale enterprise providing services or products
utilized in agricultural production, such as structures, agricultural
equipment and agricultural equipment parts, livestock, feed, seed,
fertilizer and agricultural equipment repairs and wholesale or retail
sale of grain, fruit, produce, trees, shrubs, flowers or other products
of local agricultural operations.
An application to the Zoning Board of Appeals (ZBA) for relief
from and review of any order, requirement, decision, interpretation,
or determination made by the administrative official charged with
the enforcement of the Zoning Law.
A place where artists, artisans, craftsmen and other skilled
tradespeople produce custom-made art or craft products, where they
teach such skills, and/or where they sell such art or products.
Any structure and/or lot used for the repair and/or servicing
of motor vehicles, or for motor vehicle body work, structural repair
or painting.
Any lot or structure used for sales, rental or leasing of
new or used cars, trucks, motorcycles, boats or other motorized vehicles,
including tractors or construction vehicles.
A lot or structure and any place of storage or deposit, whether
in connection with another business or not, where two or more unregistered,
old, or secondhand motor vehicles, no longer intended or in condition
for legal use on the public highways, are held, whether for the purpose
of resale of used parts therefrom, for the purpose of reclaiming for
use some or all of the materials therein, whether metal, glass, fabric
or otherwise, for the purpose of disposing of the same or for any
other purpose; such term shall include any place of storage or deposit
for any such purposes of used parts or waste materials from motor
vehicles which, taken together, equal in bulk two or more such vehicles;
provided, however, the term "junkyard" shall not be construed to mean
an establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
An establishment that provides for the transport of a motor
vehicle by towing, carrying, hauling or pushing from public or private
property, and which may provide for the temporary storage of motor
vehicles. This definition shall not include an automotive repair garage
with a tow truck(s) which repairs vehicles on-site, nor shall this
use be construed as a junkyard.
A dwelling having a resident host in a private single-family
home with common dining and leisure rooms and lodging rooms for overnight
accommodations, the rates for which include breakfast and lodging
only, and in which no public restaurant is maintained and no other
commercial services are offered. The bed-and-breakfast establishment
shall have not more than 10 occupants as lodgers in at least three
and not more than five rooms. The period of accommodation shall be
of a clearly temporary nature. Such use shall not be construed as
a boarding house.
A dwelling having a resident host in the primary dwelling
of a private single-family or two-family home in which at least one
and not more than two rooms are provided for overnight accommodations,
the rates for which include breakfast and lodging only, and in which
no public restaurant is maintained. The bed-and-breakfast home shall
not have more than four occupants as lodgers. The period of accommodation
shall be of a clearly temporary nature. Such use shall not be construed
as a boarding house.
See "sign - outdoor advertising billboard."
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a boarding
house.
A row of densely planted shrubs and trees with low branches
intended to reduce noise and screen out objectionable views.
Any structure where space, greater than 150 square feet in
area, is covered or enclosed (see "structure"). The preferred term
is "structure."
The vertical distance from finished grade to the highest
point of a flat roof or the midpoint of a pitched roof. On a hillside
lot, finished grade should be considered as the average finished grade
on the uphill side of a structure.
The line formed by the intersection of a vertical plane that
coincides with the most projected surface of the structure.
A building permit issued by the Town based upon plans that
comply with all applicable codes, statutes, laws, rules, regulations
and necessary approvals.
A subordinate structure, the use of which is customarily
incidental to that of the principal building, and located on the same
lot as the principal building.
Photovoltaic building components integrated into building
envelope components such as glass or other building facade materials,
skylights, or roofing materials.
A solar energy system located on the exterior of any legally
permitted building or structure or integrated into a building envelope
for the purpose of producing electricity or providing thermal energy
for on-site or off-site consumption. This system may be mounted to
the roof or side of a structure or be a building-integrated photovoltaic
system.
A structure designed for seasonal occupancy and not suitable
for year-round living.
An area to be used for transient occupancy by camping in
tents, camp trailers, travel trailers, motor homes, or similar movable
or temporary sleeping quarters of any kind. This use shall not be
construed as a retreat or conference center.
A structure or portion thereof used exclusively for the business
of washing, cleaning and waxing motor vehicles.
Land used or intended to be used primarily for the burial
of the dead and dedicated to cemetery purposes.
The Town of Dryden Commercial Development Design guidelines
adopted on December 3, 2008, as an amendment to the Town of Dryden
Zoning Ordinance. These guidelines are now found in Appendix C, and
are hereby made a part of this chapter by reference to such appendix.[1]
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production. Under no circumstances shall this
definition be construed to include operations whose primary on-site
function is horse racing.
The Town of Dryden Comprehensive Plan adopted by the Town
Board pursuant to Town Law § 272-a on December 8, 2005,
including amendments thereto.
A facility providing residential care and services in community
integrated settings for persons who may require assistance with daily
activities. Such services may include twenty-four-hour supervision,
room and board, housekeeping, case management, recreation programs,
medication management and, where necessary, provision or arrangement
for the provision of enhanced professional services such as medical,
nursing, physical therapy and other personal care services. Congregate
care facilities include assisted-living programs and adult care facilities
run in accordance with New York State requirements.
Any space, whether inside or outside a building, used for
the storage or keeping of operable construction equipment, machinery
or vehicles or parts thereof which are used by a construction contractor.
A building trade or construction contractor is defined as but not
limited to carpenters, electricians, masons, site work contractors,
plumbers; heating, ventilating, and air conditioning (HVAC) technicians,
general contractors, etc.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more children [see 18 NYCRR
413.2(b)(1)].
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care to three to six children
[see 18 NYCRR 413.2(b)(2)].
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for
seven to 12 children [see 18 NYCRR 413.2(b)(3)].
A house, apartment, or other place of residence.
A group of rooms which are designed for residential occupancy
by a single family and providing housekeeping facilities for such
family. In determining the number of dwelling units within a structure,
consideration is given to the separate use of or the provision made
for cooking, heating and sanitary facilities, whether installed or
not; both the actual use to which the dwelling is being put and the
potential use to which the dwelling might be put.
A secondary dwelling unit which is accessory to a single-family
dwelling, for use as a complete, independent living facility with
provisions within the accessory unit for cooking, eating, sanitation,
and sleeping. An accessory dwelling unit may also be located in an
accessory structure to the principal single-family dwelling, such
as a detached garage, provided that the accessory structure is clearly
an accessory use to the single-family dwelling. An accessory dwelling
unit shall not be confused with a two-family dwelling.
A dwelling with separate living units for three or more families
having separate or joint entrances and including apartments, group
homes, townhouses, cottage homes and condominiums, also a group of
dwellings on one lot with each dwelling containing separate living
units for three or more families having separate or joint entrances
and including apartments, group homes, townhouses, cottage homes and
condominiums.
A detached structure (not including a mobile home) that is
designed or used exclusively as living quarters for one family.
A series building of three or more attached dwelling units,
each of which shares at least one common wall with an adjacent dwelling
unit. For the purposes of this chapter, except where specifically
stated otherwise herein, a townhouse dwelling shall be construed as
a form of multifamily dwelling.
A detached dwelling containing no more than two dwelling
units for the use and occupation by no more than two families.
One or more dwelling units that are located above a commercial
use.
Use of land where learning in a general range of subjects
is provided, including related support and accessory uses, associated
with the educational purposes of the institution. The definition includes
institutions that provide cultural education, such as museums or galleries.
A separate, detached, temporary single-family dwelling, accessory
to a single- or two-family dwelling on a lot; and occupied by no more
than two residents, one of whom must be 55 years of age or older.
An individual, or two or more persons related by blood, marriage
or adoption, occupying a dwelling unit and living as a single household.
For purposes of this chapter, a family may also consist of not more
than four unrelated individuals occupying a dwelling unit and living
as a single household. The two definitions cannot be combined.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation, a timber operation and compost, mulch or other biomass
crops," as defined in the New York Agriculture and Markets Law. Such
farm operation may consist of one or more parcels of owned or rented
land, which parcels may be contiguous or noncontiguous to each other.
A seasonal or temporary stand for the sale and display of
farm products.
The linear measurement in feet of that part of a lot coincident
with a public highway measured at the edge of the public highway.
A corner lot shall be considered to have frontages on both public
highways.
A lot, including structures thereon or parts thereof, other
than an automotive repair garage, that is used for the sale of motor
fuels dispensed from pumps and motor vehicle accessories and supplies.
Permitted accessory uses may include facilities for lubricating, washing
or other minor servicing of motor vehicles and/or the retail sale
of convenience items, including but not limited to snacks and beverages,
provided such accessory uses are located indoors. Motor vehicle body
work, major structural repair or painting by any means are not to
be considered permitted accessory uses.
A neighborhood developed and certified in LEED Neighborhood
Development rating system and achieving at least basic certification.
The area of a development not occupied by structures or paved
areas for vehicles and including formal stormwater management facilities
(no more than 20% of total lot area) as well as green infrastructure
stormwater facilities (open space set aside, swales and 60% of the
area of a green roof if not accessible by or visible to the public),
and including parks, dedicated open space, landscaped areas (plantings,
lawns, parking lot islands), and including sidewalks or trails used
to access these areas, including accessory structures accessible to
the public and intended to enhance the green space.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, that is detached from
any other structure, and that has the primary purpose of producing
electricity or thermal energy for on-site or off-site consumption.
An amendment to the Comprehensive Plan pursuant to Town Law
§ 272-a and adopted by the Town Board on December 20, 2012.
See "public highway."
A business conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and which use does not change the character thereof, and which business does not involve the employment of more than one person at the dwelling on a daily basis. The business may employ others who do not report to the dwelling on a daily basis. There shall be no exterior evidence of such home occupation, except for a sign in accordance with § 270-9.4C(3)(c).
A business conducted on a residential property and carried
on by the inhabitants thereof, which use is clearly incidental and
secondary to the use of the dwelling for residential purposes, and
which use does not change the character thereof. A Level 2 home occupation
may employ up to three persons who report to the dwelling on a daily
basis. The business may have more employees who do not report to the
dwelling on a daily basis.
A facility offering transient lodging accommodations for
a daily rate to the general public. A hotel may provide additional
services, such as restaurants, meeting rooms and recreation facilities.
The period of accommodation shall be of a clearly temporary nature.
Such use shall not be construed as a boarding house.
A manufacturing or maintenance operation conducted wholly
within one or more structures where any process is used to alter the
nature, size or shape of articles or raw materials or where articles
are assembled and where said goods or services are consumed or used
at another location. The exterior appearance of the structures shall
resemble office buildings and the impacts of the use (noise, fumes,
and vibrations) shall not exceed those typically associated with an
office use.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembly
of component parts, the creation of products, and the blending of
materials such as oils, resins or liquors. These industry-manufacturing
uses have greater impacts than light industry uses in terms of noise,
fumes, and vibrations.
A commercial facility, resembling in character traditional
residential construction, providing lodging and meals which is characterized
by common dining facilities and a common leisure room available for
use by lodgers and the general public. The period of accommodation
shall be of a clearly temporary nature. Such use shall not be construed
as a boarding house.
Non-native plant species on the list of invasive plants compiled
by F. Robert Wesley, April 1998, which includes the common name, species
name and family. This list is now found in Appendix D, and is hereby
made a part of this chapter by reference to such appendix.[2]
Any commercial establishment where four or more dogs, cats,
or other animals over three months of age are kept, raised, sold,
boarded, bred, shown, treated, or groomed.
A solar energy system that feeds electricity directly into
the grid, is primarily for the purpose of on-site or off-site sale
or electricity consumption, and is larger than 2,000 square feet in
area of solar collectors (measuring the equipment surface area) per
lot. This system may be ground-mounted or building-mounted.
The acronym for "Leadership in Energy and Environmental Design."
LEED is a family of green building rating systems developed by the
United States Green Building Council (USGBC). LEED provides verification
of high environmental performance in building and neighborhood design
and construction. The LEED family of rating systems includes a rating
system for neighborhood development. A LEED rating system contains
a combination of required prerequisites and optional credits and evaluates
projects based on a 100-point base scale (not including up to 10 special
"innovation" and "regional priority" bonus points, explained in the
rating system). Projects seeking certification must meet all prerequisites
and earn at least 40 points by achieving various credits. Beyond basic
certification, projects may achieve Silver (50 points), Gold (60 points),
or Platinum (80+ points) certification for increasingly high performance.
A public institution with a structure containing printed,
pictorial, and audiovisual material for public use for purposes of
study and reference.
A dedicated area for the receipt or distribution of materials
or merchandise by motor vehicles, including space for their standing,
loading and unloading.
A membership organization that holds regular meetings and
may, subject to other regulations controlling such uses, maintain
dining facilities, serve alcohol, or engage in professional entertainment
for the enjoyment of dues paying members and their guests, as well
as programs for the general public, such as retreats and recreational,
educational, cultural, health, and public interest-related programs.
An area of land having defined boundaries held in separate
ownership from adjacent property and which in all respects complies
with the requirements of the district in which it is situate.
An area of land the size of which is determined by the limits
of the lot lines bounding said area and is usually expressed in terms
of square feet or acres.
A measure of intensity of land use (usually represented as
a percentage of the lot area) that represents the portion of a lot
that is impervious (i.e., does not absorb water). This percentage
includes but is not limited to all areas covered by structures, driveways,
roads, sidewalks, parking areas, and any other impervious area.
The mean horizontal distance between the front and rear lot
lines measured in the general direction of the side lot lines. For
the purposes of these definitions and the provisions of this chapter,
lot depth and setback lines shall be measured from the title line
of dedicated, platted or deeded public highways and from the user
line for highways by use.
Any lot with an area, width or other dimension which is less
than prescribed for a lot in the district in which such lot is situated
if such lot is:
Under one ownership of record since the effective date of the
original Town of Dryden Zoning Ordinance;
Under one ownership of record since the time of any amendment
to the original Town of Dryden Zoning Ordinance, which amendment changed
the area, width or other dimension requirements with respect to lots
in such district and which lot, except for such amendment, would have
been in all respects in conformance with the requirements of such
original Zoning Ordinance; or
Any lot shown on an approved subdivision plat filed with the
Tompkins County Clerk and not combined with any other lot or parcel
for the purposes of real property assessment at any time following
such filing.
The horizontal distance between the side lot lines taken
at the front yard line or principal building line and measured along
a line which is at right angles to the lot depth.
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. The term shall include any
structure that meets all of the requirements of this definition, except
the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the United States secretary of housing
and urban development and complies with the standards established
under Title 42 of the United States Code; and except that such term
shall not include any self-propelled recreational vehicle.
A parcel of land under single ownership, which is improved
for the placement of manufactured homes for nontransient use and which
is offered to the public for the placement of five or more manufactured
homes.
The excavation and sale of topsoil, sand, gravel, clay or
other natural solid mineral or vegetable deposit, or the quarrying
of any kind of rock formation.
All mining which is not defined as mining subject to state
jurisdiction.
An operation which results in the mining or proposed mining
from each use of more than 1,000 tons or 750 cubic yards, whichever
is less, of minerals from the earth within 12 successive calendar
months, or an operation which results in the mining or proposed mining
of over 100 cubic yards of minerals from or adjacent to any body of
water not subject to the jurisdiction of the New York State Environmental
Conservation Law or the Public Lands Law.
A moveable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide
additional cubic capacity as well as two or more separately towable
components for repeated towing. "Mobile home" shall mean units designed
to be used exclusively for residential purposes, excluding travel
trailers.
See "hotel."
Highways, water and/or sewer facilities or other public services
or facilities that are directly or indirectly provided and maintained
by a municipality.
For the purposes of the use restrictions of this chapter,
means the use of land, building, or structures owned by the Town of
Dryden or other municipal corporations or governmental bodies.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarefied state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
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.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
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.
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.
The development or redevelopment in Varna of at least three
tax parcels, or an area of at least two acres.
A billing arrangement whereby the solar energy producer receives
credit for excess electricity generated and delivered to the power
grid, paying only for the power used in excess of that generated and
delivered to the power grid.
A structure or use of land legally existing on the date of
enactment of this chapter or amendment hereto which does not comply
with the allowed use regulations of the zone in which said structure
or use is located.
A retail establishment for the growth, display, and/or sale
of plants, shrubs, trees, and materials used in indoor or outdoor
planting, conducted within or without an enclosed structure.
Any structure in which space is rented and persons employed
in or who conduct the management or direction of an agency, business,
organization, profession, or public administration, but excluding
such uses as retail sale, manufacture, assembly or storage of goods,
or places of assembly and amusement.
Any space or area characterized by: natural scenic beauty;
or whose existing openness, natural condition, or present state of
use enhances the present or potential value of abutting or surrounding
property, or maintains or enhances the conservation of natural or
scenic resources. For purposes of this chapter, natural resources
shall include, but not be limited to, agricultural lands actually
used in bona fide agricultural production.
Commercial and industrial storage outside the confines of
an enclosed structure of any equipment or materials in usable condition
which are not being specifically displayed as merchandise or offered
for sale. Outdoor storage shall not be construed as a junkyard, contractor's
yard or self-storage.
An off-street space available for parking one vehicle and
which dimensions are nine feet wide and 20 feet long, not including
maneuvering area and access drives, but with Board approval in site
plan review or special use permit review may be approved to be modified
to target specific vehicles such as compact cars and motorcycles.
A smooth, hard, dense surface, which is durable and well
drained under normal use and weather conditions.
An area of land intended to provide for a variety of land
uses planned and developed in a manner which will provide a community
design that preserves critical environmental resources, provides above-average
open space amenities, incorporates creative design in the layout of
structures, green space and circulation of vehicles and pedestrians;
assures compatibility with surrounding land uses and neighborhood
character; and provides efficiency in the layout of highways, public
utilities, and other municipal facilities.
The Town of Dryden Planning Board.
A structure used for the organizational or administrative
aspects of a trade or profession or used in the conduct of a business
and not involving the manufacture, storage, display, or direct retail
sales of goods, characterized by low traffic and pedestrian volumes,
lack of distracting, irritating, or sustained noise, and low density
of building developments. This definition may include, but is not
limited to, the offices of: accountants, appraisers, architects, planners,
engineers, financial planners, insurance brokers or adjusters, landscape
architects, lawyers, consultants, secretarial agencies, bonding agencies,
real estate, mortgage or title agencies, investment agencies, and
persons with similar occupations.
A road or street, either deeded or by prescriptive easement,
that is maintained by a, village, Town, county, state or the federal
government.
Voluntary or professional individuals or entities providing
municipal/governmental services providing for the health, safety,
and general welfare of the public; including, but not limited to,
fire, emergency, medical, and police services.
A sewage disposal system or water supply and distribution
system operated by a municipality; a sewage disposal system or water
supply and distribution system authorized for public use, whether
for a residential subdivision, or for commercial, industrial or manufacturing
buildings, and approved by the New York State and/or Tompkins County
Departments of Health, the Department of Environmental Conservation,
and any other governmental agency having jurisdiction thereof.
Infrastructure and services that supply an everyday necessity
to the public at large, such as public water and/or public sewer facilities,
electricity, natural gas, and telecommunications. A public utility
may be owned and operated by a municipality or a private entity, or
a combination thereof.
Recreation that involves organized athletic activities requiring
fixed infrastructure such as playing fields and/or accessory infrastructure
such as seating areas, changing facilities and/or concessions. Active
recreational activities include but are not limited to team sports
such as baseball, soccer, and lacrosse, smaller group sports such
as racquet sports, golf courses (and associated facilities such as
driving ranges) and other active recreational uses that require permanent
infrastructure such as a skateboarding park or ice rink.
Recreation that generally does not involve organized athletic
teams and/or significant fixed infrastructure, apart from such improvements
as trails, parking areas, rest rooms, picnic shelters and the like.
Passive recreational activities include but are not limited to jogging,
biking, cross-country skiing, hiking, walking on recreational trails
and paths, horseback riding, wildlife viewing, picnicking and relaxation.
A commercial or noncommercial recreational use that may be
permanent or temporary in nature, for the conducting of recreational
activities, including but not limited to traveling carnivals, circuses,
amusement parks, driving ranges (not associated with a golf course),
batting cages, mini-golf, paintball courses, bowling centers, roller-skating
facilities, and similar indoor or outdoor recreational activities.
A public park shall not be considered and regulated as an amusement
recreational facility.
A commercial or noncommercial recreational use that may be
permanent or temporary in nature, for the conducting of recreational
activities including but not limited to swimming, tennis, court games,
baseball and other field sports, riding academies, and playground
activities, but excluding recreational activities involving mechanical
devices that are powered by nonhuman means, such as motorized vehicles.
A public park shall not be considered and regulated as an athletic
recreational facility.
A commercial or noncommercial recreational use or accessory
use that may be permanent or temporary in nature, which involves the
operation of motorized vehicles which includes all-terrain vehicles,
motorcycles etc., including but not limited to go-kart tracks, dirt
bike tracks, and race tracks.
The planning, development, design, clearance, construction,
or rehabilitation of existing property improvements, regardless of
whether a change in the principal or accessory use occurs.
Use of land and/or structures by a tax-exempt institution,
a bona fide religious sect or denomination where religious worship
and related activity is conducted.
The Town of Dryden Residential Development Design Guidelines
adopted on December 3, 2008, as an amendment to the Town of Dryden
Zoning Ordinance. These guidelines are now found in Appendix B, and
are hereby made a part of this chapter by reference to such appendix.[3]
An establishment, including taverns but excluding bars, where
food and drink is prepared, served, and sold.
Any business involving the sale in small quantities of a
larger inventory of items to transient customers whether in a shop
or other building, or electronically or by mail.
A lot used for two or more commercial units, attached or
detached, which relate to a common parking area and common points
of ingress and egress and a common circulation pattern.
A facility used for service organizations, businesses, professional,
educational, or religious meetings or seminars limited to accommodations
for attendees. The accommodations can include sleeping, eating, and
recreation.
See "public highway."
A structure or structures in which materials, goods, or equipment
are stored with separate storage units having individual access for
storage of personal or business property. Self-storage operations
with several separate structures shall all be considered together
to form one primary structure for the purpose of site plan review.
A living and care facility for over 10 seniors in a variety
of settings.
Living facilities offering a family type of living environment
where residences are designed to feel like a home instead of a medical
facility and to blend in architecturally with neighboring homes. The
residences are designed as efficient homes for six to 10 seniors,
each of whom has a private room with a private bath and easy access
to all communal areas of the house, including a living room area,
dining area, kitchen, laundry, outdoor garden, and patio.
The New York State Environmental Quality Review Act found
in Environmental Conservation Law Article 8 and the implementing regulations
found in 6 NYCRR Part 617.
For the purposes of this chapter, a series of multifamily
dwelling units with shared wall construction.
Any business or nonprofit organization that provides services
to individuals, businesses, industry, government, or other enterprises.
See "yards."
Rental of a residence or a portion of a residence to the
same natural person or family for fewer than 30 consecutive days.
[Added 11-19-2020 by L.L.
No. 4-2020]
Any device, object, or building facade used for the visual
communication or advertisement of a place, building, product, service
or name.
A billboard that incorporates or displays digital or electronic
images or messages with the capability to change such images or messages
by any method other than manually removing and replacing the billboard
or its components.
[Added 8-10-2023 by L.L. No. 6-2023]
Any device, object, or building facade situated on private
property and used for advertising goods, services or places other
than those directly related to the property on which said sign is
located.
A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites subject to review as subdivisions under Town Law § 276 and Chapter 240, Subdivision of Land, are also subject to review as site plans.
A solar energy system that has the primary function of serving
the building(s) with which it is associated on the same lot, but also
may have the ability to sell small quantities of energy back to the
electric utility provider and does not exceed 2,000 square feet in
area of solar collectors (measuring the equipment surface area) per
lot. This system may be ground-mounted or building-mounted, and includes
building-integrated photovoltaic systems, other types of photovoltaic
solar energy systems, and solar thermal systems.
A photovoltaic cell, panel or array, or solar hot air or
water collector device, which relies upon solar radiation as an energy
source for the generation of electricity or transfer of stored heat.
A document recorded pursuant to NYS Real Property Law § 335-b,
the purpose of which is to secure the right to receive sunlight across
real property of another for continued access to sunlight necessary
to operate a solar energy system.
Any person, firm, corporation or any other entity submitting
an application to the Town of Dryden for a special use permit and/or
site plan review for a solar energy system.
Solar collectors, controls, inverters, energy storage devices,
and other materials and hardware, associated with the production of
electrical or thermal energy from solar radiation.
[Added 2-16-2017 by L.L.
No. 3-2017]
An electrical or thermal energy generating system composed
of solar collectors, solar thermal systems, and/or solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A system in which water or other liquid is directly heated
by the sunlight. The heated liquid is then used for purposes such
as space heating and cooling, domestic hot water and the heating of
swimming pools.
An authorization of a particular land use which is permitted
in this chapter, subject to requirements imposed by this chapter and
by the Board authorized to grant such permit to assure that the proposed
use is in harmony with this chapter and will not adversely affect
the neighborhood if such requirements are met.
See "public highway."
Anything constructed or erected on the ground or with a fixed
location on the ground or attached to something having a fixed location
on the ground. Structures include, but are not limited to, buildings
of a size exceeding 150 square feet, walls and fences over six feet
in height, radio towers, power-generating equipment such as freestanding
windmills and solar panels, swimming pools designed for a depth of
three feet or more, billboards, poster panels and signs. All structures,
regardless of size, shall be erected in compliance with the setback
requirements for their respective district. The following shall not
be classified as structures for the purpose of this chapter: fireplace
chimneys, flagpoles, and antennas.
A commercial structure where food is prepared, served, and
sold and alcoholic beverages are consumed on the premises.
A structure or part of a structure, devoted to showing motion
pictures or for dramatic and/or comedic live performances including
musicals, recitals, concerts, or other similar entertainment, including
dinner theaters.
The on-farm production, management, harvesting, processing
and marketing of timber grown on the farm operation into woodland
products, including but not limited to logs, lumber, posts and firewood,
provided that such farm operation consists of at least seven acres
and produces for sale crops, livestock or livestock products of an
annual gross sales value of $10,000 or more and that the annual gross
sales value of such processed woodland products does not exceed the
annual gross sales value of such crops, livestock or livestock products.
The Town Board of the Town of Dryden, Tompkins County, New
York.
A type of neighborhood design with a focus on pedestrian
facilities, front porches, back alleys and emphasis on the human use
of spaces in the resulting form and function, as well as commercial
or mixed-use developments that emphasize human use of spaces and attractive
character of buildings.
A use which is customarily incidental and subordinate to
the principal use on a lot and which is located on the same lot. Accessory
uses or structures shall not be permitted on a lot without a permitted
principal use or structure. Unless otherwise permitted in this chapter,
an accessory structure shall not be permitted in the front yard of
a principal use.
The main or primary use of land and/or structure on a lot
and which determines the overall character and appearance of use on
the lot.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements established by this chapter.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
That area of the Town encompassing the Varna Hamlet Mixed-Use
District, Varna Hamlet Residential District, and Varna Hamlet Traditional
District.
The Town of Dryden "Hamlet of Varna Design Guidelines and
Landscape Standards" adopted on December 20, 2012, and effective January
14, 2013, as an amendment to the Town of Dryden Zoning Ordinance.
These guidelines and standards are found in Appendix E, and are hereby
made a part of this chapter by reference to such appendix.[4]
A building or part of a building designed for the receiving,
storing, and distribution of goods, wares, and merchandise, whether
for the owner or for others, and whether it is a public or private
warehouse. This definition includes a wholesale business for shipping/receiving.
Not including incidental or temporary use of an empty building for
storage.
A structure used for the conduct of non-commercial, low-intensity
activities such as woodworking, personal vehicle repair, and storage.
Normally considered an accessory use, but may be allowed without a
principal building.
A yard is a green space other than a court on a lot, unoccupied
and unobstructed from the ground upwards between the lot line and
the nearest line of the structures on the lot, except as otherwise
permitted. (See illustration below for location of front, side and
rear yards.)
.tif.png "Yard Layouts and Setback Lines(1).tif") |
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
[4]
Editor's Note: Appendix F is included as an attachment to this chapter.
