For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A.
Words used in the present tense shall include the future. The singular number includes the plural, and the plural includes the singular.
B.
The word "person" includes a corporation as well as an individual.
C.
The word "building" includes the word "plot" or "parcel."
D.
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "built, arranged or designed to be used or occupied."
[Amended 10-16-1990 by L.L. No. 2-1990; 10-16-1990 by L.L. No. 3-1990; 12-2-2003 by L.L. No. 2-2003; 7-7-2020 by L.L. No. 4-2020]
As used in this chapter, the following terms shall have the meanings indicated:
Businesses engaged in the processing, packaging, distribution and transport of farm or food products, not including the rendering, slaughtering or processing of animals and where the operational characteristics of such businesses do not cause unacceptable levels of smoke, gas, odor, dust, noise, or vibration in accordance with applicable performance standards.
A second dwelling unit subordinate in size to the principal dwelling unit on an owner-occupied lot, located in either the principal dwelling or an existing accessory structure.
A building/structure that is accessory to and incidental to that of a dwelling and that is located on the same lot as the dwelling.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
A commercial establishment that involves the display or sale of objects of art, or provides space for work and instruction by one or more persons who are engaged in the visual or performing arts, including but not limited to crafts, painting, printmaking, sculpture, photography, filmmaking, music and dance. Art studios in residential zones that are clearly an incidental part of the primary residential use and which do not generate commercial traffic are a permitted accessory use.
A serviceway which affords a secondary public means of vehicular access to abutting property.
The total ground area of a principal building and accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
Any building or part thereof which is used to provide services to diagnose, repair or maintain a motor vehicle including but not limited to garages, body shops, and alignment shops.
A space of full-story height partly below grade and having at least 1/2 of its clear floor-to-ceiling height above the average grade of the adjoining ground and which is not designed or used primarily for year-round living accommodations.
Bed-and-breakfast dwelling. An owner-occupied residence resulting from a conversion of a one-family dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.
A building, other than a hotel, where lodging is provided for compensation to one or more unrelated occupants on a semi-permanent basis (one month or longer) in units without separate kitchens.
A facility which produces beer, spirits or other alcoholic beverages regulated by the New York State Liquor Authority for the purposes of consumption, sales or distribution. Uses that are clearly incidental to the production of alcohol such as tasting rooms and retail shops are permitted accessory uses.
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
The vertical distance measured from curb or grade level to the highest level of a flat or mansard roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, penthouses and similar constructions enclosing equipment or stairs, provided that they are less than 12 feet in height and do not occupy more than 30% of the area of the roof upon which they are located.
A line established by law or by agreement, usually parallel with a property line, beyond which a structure may not extend.
Projects that combine offices, commercial uses and industrial uses within a planned development in a park-like setting. Such development is intended to be designed to provide for a related group of activities, which are functionally integrated relative to land uses, vehicular and pedestrian circulation, and the arrangement of structures.
A recreational or entertainment activity operated on a commercial basis, whether indoors or outdoors, that is open to the public for a fee, including but not limited to bowling alleys, skating rinks, arcades, game rooms, gymborees, fitness centers, movie theatres, miniature golf and similar uses.
A freestanding structure, not attached to a residence or any other building on the same lot, which structure shall not exceed 13 feet six inches by 25 feet in size and shall have no external electric power or heat source, not including an accessory building or accessory buildings as defined in § 157-4 or § 157-22 of this chapter.
That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
A building or structure in which an agency, person, or persons regularly provide supplemental care and supervision for a group of five or more persons unrelated to the caregiver for periods of at least three hours a day. Day-care centers include day care located in private residences and commercial day-care centers regulated by the State of New York. This term is not intended to include babysitting services of a casual, nonrecurring nature or in the child's own home.
An establishment for the mechanical cleaning of garments, articles or goods of fabric for retail customers. This includes, but is not limited to, dry-cleaning pickup stations where articles are sent to another location for chemical cleaning; and laundromats which provide self-service type washing and drying for use of retail customers. This definition does not include dry-cleaning or laundry plants that perform work on the premises for other dry-cleaning and laundry services or commercial establishments.
A building that contains one or two dwelling units used, intended, or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
A building or group of buildings, designed for year-round occupancy by more than two families, including apartment houses and group houses, but excluding hotels and rooming houses.
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by one family only.
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by two families living independently of each other.
A grouping of at least three one-family residential dwellings that share one or both side walls and a roofline with the structures next door. Each unit must be set on its own lot, have its own front and rear access to the outside and be separated from adjoining units by a vertical common firewall.
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A permanent and stable person or group of persons that share the entire dwelling unit, live and cook together as a single housekeeping unit, and share expenses for food, rent, utilities and other household expenses.
A parcel or tract of land used for the production or raising of agricultural products, except where such production or raising is an accessory and noncommercial garden to a principal residential use. No poultry, commercial fur-bearing animal, hog, goat, horse, pony, burro, jackass or mule and no beef or dairy cow, bull, heifer or calf shall be boarded, kept, harbored or maintained at any time on premises in the Village of Canajoharie which is comprised of less than five acres of land.
A nonpermanent movable structure that is intended for the temporary display and sale of locally raised agricultural produce and products, provided that the total area of said stand, including all areas used for display or storage for all products, shall not exceed 300 square feet.
A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and provided that no space therein for more than one car is leased to a nonresident of the premises.
A building or part thereof used for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, operated for gain.
A building or part thereof used only for the storage of vehicles for gain and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline.
An establishment for the conduct of indoor sports and exercise activities, which may include related locker and shower rooms, offices and classrooms, where use of such establishment is offered on a membership basis.
A commercial business conducted within or administered from a portion of a residential dwelling or a permitted accessory structure that is conducted primarily by a permanent resident of the dwelling and which involves one or more persons regularly visiting the premises for business purposes. Home occupations include, but are not limited to, the following types of business: tax preparation, law or medical office, barber/beautician, music lessons, tutoring services, and other related businesses. Business uses that do not involve regular visitors and which do not change the residential character of the neighborhood are excluded.
A building or structure for the diagnosis and medical or surgical care of human sicknesses or injuries.
A building or group of buildings where transient guests are lodged for hire, including motels but excluding boarding or rooming houses.
A lot, land or structure or part thereof used for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles and for the sale of the parts thereof.
A one-family dwelling where one or more occupants are primarily permanent in nature, and rent is paid for guestrooms.
A parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory buildings or uses or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter, and having its principal frontage on a public street or an officially approved place.
The total horizontal area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
A lot located at the intersection of and fronting on two or more intersecting streets, and having an interior angle at the corner of intersection of less than 135°.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
A lot having frontage on two approximately parallel or converging streets other than a corner lot.
The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
Projects that combine both commercial and residential uses, including traditional downtown development where the residential component is located above a commercial storefront. Other mixed-use projects may include residential units in combination with any other nonresidential land use allowed by the applicable zoning district, subject to applicable performance standards.
A workshop where machine, machine parts, or other metal products are fabricated.
"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 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 . . ." (42 U.S.C. § 5402(6)). Built after 1976, these are built according to federal standards upon a chassis, allowing them at least initially to be moveable, even though they may be placed upon a foundation. They are transported either in part or in whole upon a permanent chassis. This definition includes both "single-wide" and "double-wide" units.
Businesses engaged in the manufacturing, processing, fabrication, assembly and packaging of products primarily for the wholesale market or for transfer to other plants. This use category includes all transformative processes, regardless of whether or not the new product is finished or semi-finished, provided the operational characteristics of the manufacturing processes do not cause unacceptable levels of smoke, gas, odor, dust, noise, or vibration in accordance with applicable performance standards.
Businesses primarily engaged in the on-site production and/or assembly of products by hand-manufacturing involving the use of tools and small-scale equipment. This use category includes but is not limited to welding, metal craft, carpentry, cabinet-making, ceramics and related uses, provided the operational characteristics of such uses do not cause unacceptable levels of smoke, gas, odor, dust, noise, or vibration in accordance with applicable performance standards.
A transportable, factory-built home, designed to be used as a year-round residential dwelling and built before the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
A parcel of land which has been planned and improved for the placement of two or more manufactured or mobile homes for non-transient use in a park-like setting.
A dwelling unit, prefabricated off site, installed on a permanent foundation with full cellar, connected to required utilities, comprised of not less than two structural sections, with a minimum assembled width of 24 feet.
See "hotel."
A use or activity which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A building used for the accommodation and care of persons with or recuperating from illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age.
Use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment. No outdoor dining area may be located in a public right-of-way.
Any unenclosed area that is used for the outdoor storage of any components, products, debris, material, merchandise, equipment, vehicles, or trailers associated with a commercial or industrial use. Registered company vehicles and approved trash enclosures shall not be considered outdoor storage.
An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and driveways thereto.
A building or complex of buildings designed to provide services to the public by a public utility, railroad, municipal or other governmental agency including but not limited to power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, water towers and other similar structures.
An establishment or complex of structures intended to foster research, experimentation and/or product development for industries including but not limited to biomedical, pharmaceutical, information technology, electronics and instrumentation.
A building consisting of small, individual self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
A primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.
Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business.
The outside dimensions of a sign, not including the supports which may affix the sign to the ground or to a building or structure.
Any illuminated sign on which the artificial or reflected light is not maintained stationary or constant in intensity and color when such sign is in use.
Any sign not attached to or part of any building, but separate and permanently affixed by any other means, in or upon the ground. Included are pole signs, pylon signs, masonry wall-type signs, and signs of similar design and construction.
Any sign not permanently attached to the ground, a building or other structure that is designed to be readily movable. Any sign attached to a sign structure with wheels shall be considered a portable sign.
Any sign which is affixed to and extended outward from the exterior surface of a building perpendicular to the building face.
Any nonpermanent sign that is designed to be displayed for a limited amount of time, including but not limited to portable signs, sandwich Board or A-frame signs, lawn signs placed in or on the ground, or signs affixed to the interior or exterior of a window.
Any sign which is affixed to the exterior surface of a building parallel to the building face.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
That part of a building between a pitched roof and the uppermost full story and having a floor area at least 1/2 as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.
A public or private way which affords the principal means of access to abutting property.
Any change in the supporting members of a building.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
A facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure.
A mobile unit designed for camping, recreational travel or vacation use which is equipped with a chassis and provides partial housekeeping facilities, such as plumbing, heating, electrical, cooking or refrigeration systems or equipment.
Facilities for the storage and distribution of merchandise, material or commodities to other businesses. This term includes, but is not limited to, mail-order and catalog sales, importing/exporting, and wholesale distribution, but does not include the sale of goods to the general public.
A business primarily engaged in the sale of merchandise, materials and commodities to other businesses, and not the general public.
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 line of the main building projected to the side lines of the lot.
A space on the same lot with a main building, open and unoccupied except for accessory buildings, extending the full width of the lot and situated between the rear line of the main building projected to the side lines of the lot and the rear line of the lot.
An open unoccupied space on the same lot with a main building, situated between the side line of the main building and the adjacent side line of the lot and extending from the front yard to the rear yard.
