Subject to the provisions of Article I hereof, in the interpretation of this chapter, the following rules shall apply:
A.
Words in the present tense include the future tense.
B.
Words in the singular include the plural and the plural the singular.
C.
The word "shall" is intended to be mandatory.
D.
The word "lot" shall include the word "plot" or "parcel."
E.
The word "person" shall include an individual, firm, partnership,
association or corporation.
F.
A building or structure includes any part thereof.
G.
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
H.
The word "or" indicates that the connected items, conditions, provisions
or events may apply singly or in any combination.
I.
The words "either...or" indicate that the connected items, conditions,
provisions or events may apply singly but not in any combination.
J.
The word "Village" means the Village of Sylvan Beach, New York.
K.
The word "county" means the County of Oneida, New York.
L.
Any use of gender-specific words (his, hers, him, her) shall imply
both genders.
M.
In case of any difference of meaning or implication between the text
of this chapter and any caption, illustration or table, the text shall
control.
As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate to and clearly incidental to the principal
building on the same lot, and used for the purposes customarily incidental
to those of the principal building. An accessory building shall not
contain habitable space. For the purposes of this law, tractor-trailers,
shipping containers, portable on-demand storage structures (PODs),
and similar structures are not considered to be accessory structures.
Any use that is incidental to a permitted use and located
on the same lot and under the same ownership.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, other periodicals, films,
slides, videos or adult toys/marital aides, and which establishment
is customarily not open to the public generally, but excludes any
person under the age of 21.
[Added 3-15-2021 by L.L.
No. 3-2021]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, lingerie or other
private modeling, exotic dancers or other similar entertainment, and
which establishment is customarily not open to the public generally,
but excludes any person under the age of 21.
[Added 3-15-2021 by L.L.
No. 3-2021]
Any establishment where, for any form of consideration or
gratuity, figure models are provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by a person
other than the proprietor, paying such consideration or gratuity and
which is not open to the public generally, but excludes any minor
by reason of age. This provision shall not apply to any school of
art which is operated by an individual, firm, association, partnership,
corporation or institution, which meets the requirements established
by the New York State Education Law for the issuance of diplomas and
is in fact authorized to issue and confer diplomas.
[Added 3-15-2021 by L.L.
No. 3-2021]
A motel/hotel which is not open to the public generally,
but excludes any person under the age of 21, or which makes available
to its patrons in their rooms, films, slide shows, or video tapes
which if presented in a public movie theater would not be open to
the public generally, but would exclude any person under the age of
21.
[Added 3-15-2021 by L.L.
No. 3-2021]
A theater or other establishment which presents material
in the form of live shows, films or video tapes, viewed from an individual
enclosure or private room for which a fee is charged and which is
not open to the public generally, but excludes any person under the
age of 21.
[Added 3-15-2021 by L.L.
No. 3-2021]
Any theater that customarily presents motion pictures, films,
video tapes or slide shows, that are not open to the public generally,
but excludes any person under the age of 21.
[Added 3-15-2021 by L.L.
No. 3-2021]
Any use or establishment constituting an adult book store/video
store, adult drive-in theater, adult entertainment cabaret, adult
massage establishment, adult motel/hotel, adult peep shows, adult
theater, adult body painting studio, or adult model studio as defined
herein.
[Added 3-15-2021 by L.L.
No. 3-2021]
A narrow service way or passage between properties or buildings.
Any mechanical contrivance used to provide games of chance,
skill or pleasure, and where a fee is charged.
An outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides,
booths for the conduct of games or sale of items, and buildings for
shows and entertainment.
Any mechanical contrivance used to transport an occupant
or occupants over a short defined distance or course for thrill or
pleasure, and where a fee is charged.
A device which transmits and/or receives radio frequencies,
telecommunications signals or electromagnetic waves.
See "dwelling, apartment house."
See "indoor amusement facility."
Any structure serving as a roof-like cover or shelter, attached
to an exterior wall of any commercial establishment.
See "tavern."
A home occupation in an existing one-family dwelling operated
by the permanent resident(s) of the dwelling who are also on site
and sleeping overnight within the residence while providing short-term
overnight lodging to transient guests, and which offers an on-site
breakfast meal served to such guests, bot no other meals.
The place where a vessel lies when at anchor or at a wharf.
The aggregate of lots and alleys, circumscribed by streets.
A place, site or structure to facilitate the ingress or egress
of a watercraft into or onto a body of water.
A place, site or structure used to park or house a watercraft
for 30 consecutive days or more.
See "structure."
A two-dimensional plan area of a building or structure which
results when the height dimension is removed and which shows an aerial
view of said building or structure, including garages, sheds, porches,
eaves, covered breezeways, entryways and other similar attached appurtenances.
The vertical distance measured from the lowest point of the
existing grade, prior to site disturbance, within five feet of any
primary building footprint, to the uppermost portion of the structure.
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plane of average grade level and a vertical plane that coincides with
the exterior surface of a building on any side. In the case of a cantilevered
section of a building, the vertical plane will coincide with the most
projected surface.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade,
which does not alter relief of the roof.
[Added 3-15-2021 by L.L.
No. 5-2021]
A solar energy system that is affixed to the roof or side(s)
of a building or other structure, either directly or by means of support
structures or other mounting devices. Solar energy systems constructed
over a parking lot are considered building-mounted solar energy systems.
[Added 3-15-2021 by L.L.
No. 5-2021]
A single parcel of land which has been planned or improved
for the placement of recreational vehicles and/or tents for transient
use.
A permanent shelter, lit in whole or in part, which is constructed
with a rigid frame that cannot be retracted, folded or collapsed and
the primary function of which is to cover and protect users of the
accessory uses and structures on a site.
The construction or reconstruction or clearing, excavating,
grading, filling, draining or conducting of physical operations of
any kind in preparation for or in pursuance of construction or reconstruction,
or the moving of a structure upon a lot.
A place where artists, artisans, craftsman and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metal work, musical instruments, paintings, pottery, sculpture,
toys and weaving.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more people for more than
three hours per day per person as defined in 18 NYCRR 418.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for
more than three hours a day to three people to six people, as defined
in 18 NYCRR 417.
The Department of Environmental Conservation of the State
of New York.
Any parcel of property or lot or combination of contiguous
lots which are in common ownership, or which are in diverse ownership
where development is to occur in common. For the purposes of this
chapter, contiguous lands shall include those separated by a public
highway.
A wharf or portion of a wharf extending along the shoreline
and generally connected to the uplands throughout its length.
Any berthing or mooring space for boats, excluding the sale
of gas, retail trade, boat service, marine equipment sales and service,
boat and water-based recreation equipment rentals and overnight mooring.
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household,
which shall not be less than 500 square feet. There shall be a minimum
of 60 square feet of habitable area, excluding kitchens, bathrooms
and hallways, provided for sleeping accommodations for each person.
A single building on a single parcel of land consisting of
four or more dwelling units, excluding time-share dwellings.
A single building on a single parcel of land consisting of
three dwelling units, excluding time-share dwellings.
A detached building (not including a mobile home) of one
or more stories in height, above main grade level, which is designed
or used exclusively as living quarters for one family or household,
and having a contiguous masonry foundation which shall not be of pier-type
supports, porches excepted.
A recreation or vacation property where transient users visit
for a specified period each year.
A one-family dwelling in a row of 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 common fire-resistant walls.
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household,
which shall be not be located on the ground floor of any building.
The construction, alteration or maintenance by public facilities
or governmental agencies of gas, electrical, steam or water transmission
or distribution systems.
The sum of all gross horizontal areas of all floors of a
building or buildings, measured from the outside dimensions of the
outside face of the outside wall. Unenclosed and uncovered porches,
unenclosed and covered porches, courtyards, or patios shall not be
considered as part of the gross area except where they are utilized
for commercial purposes, such as the outdoor sale of merchandise.
The amount of light that is produced by a candle at the distance
of one foot. A footcandle is also the equivalent of one lumen per
square foot.
A building used for the preparation and display of the deceased,
and ceremonies connected therewith, before burial or cremation.
A building, accessory to dwellings, used exclusively for
the parking or temporary storage of motor vehicles, boats and trailers.
A main or accessory enclosed building with doors, other than
a private garage, used for parking or temporary storage of motor vehicles,
boats and trailers.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices and that
is not attached or affixed to an existing structure. Pole-mounted
solar energy systems shall be considered ground-mounted solar energy
systems for the purposes of this chapter.
[Added 3-15-2021 by L.L.
No. 5-2021]
Area in a structure for living, sleeping, eating or cooking.
Maintenance or utility space, parking garages and similar areas are
not considered habitable space.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas and showers, and lockers.
See "building height."
An occupation or profession carried on within a dwelling
unit or an accessory structure that meets the dwelling unit setbacks,
and which is clearly incidental to the use of the dwelling unit for
residential purposes and does not change the character thereof. Home
occupation uses include but are not limited to mail order businesses,
brokerage businesses, attorneys, craft workshops and those professions
licensed by the New York State Education Department, with the exception
of pharmacists and pharmacy establishments.
A lodging facility offering accommodations to the general
public, including buildings designed as tourist courts, overnight
cabins, housekeeping units/cottages and similar facilities, and providing
additional customary uses such as, but not limited to, restaurants,
meeting rooms, playgrounds, game rooms, snack bars and recreational
facilities or activities used primarily for patrons, including tennis
courts, swimming or bathing, golf or convention facilities, excluding
water-based motorized vehicles.
An indoor area or structure, or portion thereof, open to
the public that contains four or more coin-operated games and/or similar
entertainment and amusement devices.
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.
A public institution with a building containing printed and
pictorial material for public use for purposes of study and reference.
An unobstructed, hard-surfaced area, no part of which is
located in any street or public right-of-way and the principal use
of which is for the standing, loading or unloading of trucks and trailers.
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed or built upon.
The amount of a lot, stated in terms of percentage, which
is covered by all buildings, and/or structures located thereon. This
shall be deemed to include all buildings, roofed porches, arbors,
breezeways, patio roofs, whether open box types and/or lathe roofs,
or fully roofed, but shall not be deemed to include fences, walls,
or hedges used as fences, unroofed decks or patios or swimming pools.
Lot coverage shall be measured from the edge of the roof or from the
wall or foundation if there is no projecting portion of the roof.
CORNER LOTA parcel of land having lot lines at the junction of two or more streets or having lot lines on the same street forming an interior angle of intersection not more than 135°.
INTERIOR LOTA lot other than a corner lot.
THROUGH LOTAn interior lot which has frontage on more than one street.
The mean horizontal distance between the side lot lines measured
at the building line.
A waterfront facility offering two or more berths or moorings
for boats not registered to the property owner, his family or renter
of any dwelling unit, on the same lot and includes one or more of
the following: the sale of marine products and services, including
gas and oil, dry storage, repairs, new and used boat sales and services,
boat rentals or charters, and other water-based recreational services.
Any self-contained dwelling unit, not including travel-trailers,
that is designed to be transported to its site on its own wheels or
those of another vehicle, may contain the same water supply, kitchen
facilities and plumbing, sewage disposal and electric system as immobile
housing, and is designed to be used exclusively for residential purposes
or any structure so marked as a "mobile home or structure" by New
York State. (A modular home or other dwelling unit that is constructed
in two or more main sections and transported to and permanently assembled
on site is not considered a "mobile home.") The term "mobile home"
shall not include any self-propelled recreational vehicle.
A parcel or parcels of land under single ownership, or continuous
privately owned parcels, which are designed, improved or used for
the accommodation of two or more mobile homes for a residential use.
Any anchor, chain, buoy, pennant or other object by which
a vessel is secured at one point.
A privately owned wharf or mooring which is not used for
commercial purposes.
Any building(s) or part thereof used primarily for the display
of articles that are of either historical or cultural significance.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
[Added 3-15-2021 by L.L.
No. 5-2021]
See "tavern."
A lot of record which does not comply with the area, shape,
frontage, or locational provisions of this chapter for the district
in which it is located.
A structure, including buildings, which does not satisfy
the dimensional requirements of this chapter for the district in which
it is located, but which was not in violation of applicable requirements
when constructed.
Any use lawfully existing prior to or at the time of adoption
or amendment of this chapter or any preceding zoning law or code,
which use is not permitted by or does not conform to the permitted
use provisions of this chapter for the district in which it is located.
That part of the lot area which is not occupied by buildings,
structures, or off-street parking spaces or loading berths. Open space
may include lawns, trees, shrubbery, garden areas and paved surfaces
which are used as access drives but which are not used for vehicular
parking of any kind.
Storage of any materials, merchandise, stock, supplies, machines
and the like that are not kept in a structure having at least four
walls and a roof, regardless of how long such materials are kept on
the premises. "Outdoor storage" shall not include junk and salvage
yards, auto wrecking yards or the like.
A lot designated with a tax map parcel ID number that is
further identified by a metes and bounds description.
Any land consisting of one or two parking spaces accessory
to a single-family semidetached, two-family or attached dwelling.
Any land area used or intended to be used for the temporary
parking of three or more licensed vehicles or the portion of a vehicle
sales operation utilized for the display of vehicles or customer parking.
Any individual, firm, partnership, club, trust, company,
association, cooperative, corporation (including a government corporation),
or Village, state or federal government and any agency thereof.
A wharf or portion of a wharf extending from the shoreline
with water on both sides.
A long slender column usually of timber, steel or reinforced
concrete driven into the ground vertically to support an open-type
wharf.
A structure owned and/or used by a religious organization
for worship, religious training, or education.
Construction or conversion of an existing use to be planned,
developed, operated, advertised and maintained as a single entity,
containing one or more structures to accommodate a commercial recreational
facility. Said development may include commercial retail services,
professional retail services, retail business general and retail business
food which are incidental to the recreational use.
A building or structure in which is conducted the main or
primary use of the lot on which said building or structure is located.
Where more than one use is on a lot, the more intense use shall be
considered the main or primary use.
An office or place to conduct licensed activities normally
associated with their field for those engaged in a professional occupation,
including, but not limited to, a physician, lawyer, architect, engineer,
surveyor, licensed beautician or barber, real estate broker, insurance
agent, accountant or planner.
Any land use or development activity proposed by an applicant
which is subject to this chapter.
Any building, structure, facility or complex used by the
general public, owned by any state, county, or municipal government
agency or instrumentality, including but not limited to municipal
offices and public parking facilities.
A recreation facility operated as a business and open to
the public for a fee.
Any kind or description of watercraft propelled by a motor
or engine.
A vehicle primarily designed and used as temporary living
quarters for recreational, camping, or travel purposes, including
a vehicle having its own motor power or a vehicle mounted on or drawn
by another vehicle.
Any activity which alters or expands a previously developed
structure.
A device for which the sole purpose is to increase the solar
radiation received by a solar collector.
[Added 3-15-2021 by L.L.
No. 5-2021]
Any solar energy system that cumulatively on a lot meets
all of the following provisions:
[Added 3-15-2021 by L.L.
No. 5-2021]
Is an accessory use or structure designated and intended to
generate energy primarily for a principal use located on site; and
Produce up to 10 kilowatts (kW) of energy or solar thermal systems
which serve the building to which they are attached, and do not provide
energy for any other buildings beyond the lot.
An establishment whose principal business is the sale of
preprepared or rapidly prepared food/meals directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building or off premises.
An establishment, excluding taverns, where food and drink
are prepared, served and sold for on-premises consumption to patrons
seated at tables.
The display and sale of products outside of a building or
structure.
Establishments providing goods, merchandise or services to
the general public, for a fee, such as, but not limited to, banks,
educational services, repair shops, dry cleaners, laundromats, supermarkets
and food stores.
Any building or part thereof which is designed, constructed
and used for education or instruction in any branch of knowledge which
includes public or private, elementary, secondary or vocational education.
The horizontal separation distance from the property line
or, in the case of shoreline property, from the mean high-water mark,
to the building line of the structure.
Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or other representation, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity or product, which is located upon any land or on or in any building, in such manner as to attract attention from outside the premises. (Refer to Chapter 105, Signs, for additional definitions pertaining to signs.)
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun, so as to permit the
use of a solar energy system on individual properties.
[Added 3-15-2021 by L.L.
No. 5-2021]
A solar or photovoltaic cell, plate, panel, film, array,
reflector or other structure affixed to the ground, a building or
other structure, that harnesses solar radiation to directly or indirectly
generate thermal, chemical, electrical or other usable energy, or
that reflects or concentrates solar radiation to a solar or photovoltaic
cell, plate, panel, film, array, reflector or other structure that
directly or indirectly generates thermal, chemical, electrical or
other usable energy.
[Added 3-15-2021 by L.L.
No. 5-2021]
A complete system intended for the collection, inversion,
storage and/or distribution of solar energy and that directly or indirectly
generates thermal, chemical, electrical or other usable energy. A
solar energy system consists of, but is not limited to, solar collectors,
mounting devices or structure, generators/turbines, water and energy
storage and distribution systems, storage, maintenance and/or other
accessory buildings, inverters, combiner boxes, meters, transformers
and all other mechanical structures.
[Added 3-15-2021 by L.L.
No. 5-2021]
A device for the direct conversion of solar energy into electricity.
[Added 3-15-2021 by L.L.
No. 5-2021]
An authorization of a particular land use which is permitted,
subject to requirements imposed herein to assure that the proposed
use is in harmony with this chapter and will not adversely affect
the neighborhood if such requirements are met.
A law adopted by the New York State Legislature as Article
8 of the Environmental Conservation Law and regulations adopted pursuant
thereto. The purpose of SEQR is to incorporate the consideration of
environmental factors into planning, review and decision-making processes
of state, regional and local government agencies. SEQR requires that
all agencies determine whether the actions they directly undertake,
fund or approve may have a significant impact on the environment,
and, if it is determined that the action may have a significant adverse
impact, prepare or request an environmental impact statement.
See "accessory structure."
The portion of building between the surface of a floor and
the next floor above or the ceilings next above under a roof.
Includes any permanent or intermittent watercourse.
That area within 100 feet of the high water mark of any stream
or river or wetlands adjacent thereto protected and/or regulated by
the New York State Department of Environmental Conservation.
A public or private thoroughfare which affords the principal
means of access to abutting property.
The deeded right-of-way of any public street. Where no deed
exists, the street line shall be determined as 1/2 of the right-of-way
of the existing pavement or roadway.
A combination of materials to form an object constructed,
installed, erected or permanently placed above or below the surface
of the land or water.
A division of any land into two or more lots, parcels or
sites, whether the new lots are adjoining or not, for the purpose
of sale, lease, license or any form of separate ownership or occupancy
by any person, including the conveyance of lands in common ownership
which are divided only by a road or utility right-of-way. Creation
of a condominium or townhouse project shall be considered a subdivision.
This definition shall not apply to conveyances of small parcels of
land to correct a boundary of a lot, so long as such conveyance does
not create additional lots.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure, either before the improvement or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions.
An establishment used primarily for the serving of liquor
by the drink to the general public and where food may be served or
sold only as accessory to the principal use and where entertainment
may be provided.
A temporary use is one established for a fixed period of
time with the intent to discontinue such use upon the expiration of
such time. Such uses do not involve the construction of alteration
of any permanent structure.
A building or part of a building devoted to showing motion
pictures, or for dramatic musical or live performances, and which
may include dinner theaters.
Energy generation facility or area of land principally used
to convert solar energy to electricity, whether by photovoltaics,
concentrating solar thermal devices or various experimental solar
technologies, designed and intended to supply energy principally into
a utility grid for sale to the general public.
[Added 3-15-2021 by L.L.
No. 5-2021]
A grant of relief from the requirements of this chapter which
permits construction of a use in a manner that would otherwise be
prohibited by this chapter.
A self-service device that, upon insertion of a coin, paper
currency, token, card or key, dispenses unit servings of food or beverages
in bulk or in packages.
Every description of watercraft, other than seaplanes, used
or capable of being used as a means of transportation on or below
the water surface.
Village of Sylvan Beach.
[Amended 3-15-2021 by L.L. No. 5-2021]
Any lake, pond, river, stream, intermittent stream or wetland.
Includes, but is not limited to, tour boats, rental boats,
personal watercraft, and parasailing.
Any structure built or maintained for the purpose of providing
a berthing place for vessels.
An open, unoccupied space on the same lot with a building
or structure.
An open, unoccupied space on the same lot with the principal
building, between the front line of the principal building and the
front line of the lot, and extending the full width of the lot.
An open, unoccupied space on the same lot with the principal
building, between the rear line of the principal building and the
rear line of the lot, and extending the full width of the lot.
An open, unoccupied space on the same lot with the principal
building situated between the side line of the lot and the adjacent
side line of the lot, and extending from the rear line of the front
yard to the front line of the rear yard.
