A.
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the Merriam-Webster Dictionary.
B.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I. References to "this chapter" shall mean Chapter 112, Zoning, of the Code of the Town Wawarsing.
C.
The word "person" as used in this chapter shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.
The word "lot" includes the word "plot."
E.
The term "occupied" or "used" as applied to any land or building
shall be construed to include the words "intended," "arranged," or
"designed to be occupied or used."
F.
"Shall" is always mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure that is subordinate to the principal use
on the same lot and serving a purpose typically incidental and well-established
to the principal use. In order for a use or structure to be deemed
an accessory use/customary accessory use it must be a) subordinate
to the principal use on the same lot, b) serving a purpose that is
typically incidental and well-established to the principal use, c)
unity of ownership between the principal and accessory uses, and d)
promoting harmony of land use within the relevant zoning district
of the Town. In no case shall such accessory use dominate in area,
extent, or purpose to the principal use but be minor in its association
with the principal/primary use. Examples of customary accessory uses
and structures are decks, satellite dish antennas outdoor fireplaces,
patios, garages, carports, domestic gardens, sheds, and barns.
A use of a building or property for a business that has adult
materials as a significant portion of its stock-in-trade or involves
the sale, lease, trade, gift or display of adult-use paraphernalia.
Adult materials include any literature, book, magazine, pamphlet,
newspaper, paper, comic book, drawing, computer or other image, motion
picture, sound recording, article, instrument, display or any other
written or recorded material which depicts or describes any nudity
or the specific sexual activities listed herein. The Town shall also
rely upon the general meaning given to these two terms by the State
of New York and in the various decisions of the U.S. Supreme Court
referenced herein, should further clarification be required. For purposes
of this chapter, "adult-oriented businesses" shall also mean any nightclub,
bar, tavern, restaurant, eating and drinking establishment, arcade,
theater, motel, hotel, or any other establishment that regularly features,
for economic gain or other consideration, entertainment in any form
which is characterized by nudity or the depiction or display of specified
sexual activities.
This shall not exempt such a business from any requirements
of this chapter or limitations on public displays of personal nudity.
Nothing in this definition shall be construed to incorporate breastfeeding,
restrooms and showers or items and displays of recognized artistic
merit as previously interpreted by the U.S. Supreme Court or activities
in a private residence by the occupants thereof.
A use involved in the processing, warehousing, and distribution
marketing and retailing of agricultural products. This definition
shall not include slaughterhouses, animal rendering, high-density
animal farming, vertical farming which demand high quantity of input
such as water, or similar uses.
A use involving the production, keeping, or maintenance for
sale, lease or personal use of plants and animals useful to man, including
but not limited to forages, grain and seed crops, dairy animals, poultry,
beef, sheep, horses, pigs, bees, fur animals, trees, food of all kinds,
vegetables, nurseries, and lands devoted to soil conservation or forestry
management programs. Said use shall not be deemed to include "slaughterhouses."
A type of cluster subdivision that integrates residential
uses with agricultural activities wherein common open space areas
are used in non-animal food production while at the same time providing
recreation for members of the community. Nonresidential uses such
as wineries, breweries, and farm-to-table restaurants may be allowed
as part of the Agrihood, and wherein any agricultural related use
is subject to special use approval by the Planning Board.
Uses which may be developed, subject to special use permit
approval of the Planning Board, in association with a cluster subdivision
include wineries, breweries, farm-to-table restaurants, farm stands,
and farm market, where product is grown primarily on-site, and other
related agricultural uses, except nothing herein shall permit slaughterhouses,
rendering operations, or similar use.
Activities conducted in association with an agricultural
use and offered to the public, including the sale of agricultural
products, education, recreation or active involvement in the farm
operation. An agritourism activity is secondary to the principal agriculture
use. Agritourism activities may be conducted in accessory buildings.
Agritourism activities include, but are not limited to, "u-pick" operations,
farm stays, hayrides, wine trails, events, small-scale concerts, farm-to-table
restaurants, farm tours, and farm festivals.
A change, enlargement or rearrangement in the structural
parts of a structure, whether by extending on a side or by increasing
in height; or moving from one location or position to another.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
Unwanted direct light that is sufficiently powerful enough
to cause viewers to avert their eyes.
A zoning district that establishes the regulations governing
allowable land uses and bulk dimensional requirements for a specific
geographic area of the Town of Wawarsing.
A story in a building having a floor below the finished grade
at any point on the periphery of the building and having a structural
ceiling at least four feet above the average finished grade along
each side of the building facing the street. (See "cellar.")
A new or existing residence which is used, in the manner
of a home occupation, to provide overnight lodging with breakfast
as part of the consideration and involving shared bath and dining
facilities; also includes term "youth hostels" where same meet the
regulations applicable to a bed-and-breakfast.
See "structure."
A building or area of land where persons, firms or corporations
engaged in the construction business, or a related field, store building
materials, equipment and supplies used exclusively in that contracting
business. Retail and wholesale sale of any contractor's materials
or supplies is prohibited.
The vertical distance measured from the average elevation
of the proposed finished grade to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the mean height
between eaves and ridge for gable, hip and gambrel roofs.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A group of three or more bungalow units on a property which
may include a rental office, swimming pool, handball court, casino
or other recreational facilities. This definition applies to any bungalow
colony in existence prior to May 28, 2019, and shall not be construed
to permit the establishment of new bungalow colonies in the Town of
Wawarsing. Also referred to herein as a "seasonal residential community."
Two or more manufactured home units on a single lot shall not be deemed
a bungalow colony.
A one-story dwelling unit that is designed, intended and
usable only for seasonal occupancy, also referred to as "seasonal
cabins or cottages." A building which is temporarily occupied by a
person or persons having a usual residence elsewhere from whence they
customarily journey to work, send children to school or conduct other
principal activities.
An indoor or outdoor area for the storage of passenger buses
for primary use off site.
The development or use of a lot, tract or parcel of land
operated commercially or as a not-for-profit, held in single unified
ownership for the provision of indoor or outdoor recreational or educational
activities. Any or all of the following features may be included:
buildings or structures that are designed for seasonal use or year-round
use (depending on the type of camp), including but limited to cafeteria,
gymnasiums, community centers, administration buildings, sanitary
facilities, and similar buildings for use by camp attendees and designed
in accordance with all applicable uniform building codes as they apply
to their intended use, e.g., seasonal or year-round. In addition,
ball playing fields, basketball courts, tennis courts, running tracks,
swimming pools, horseback riding facilities, hiking and riding trails,
and other similar recreational facilities are permissible. The occupants
of a camp shall be limited to the owner, any employed directors and
teachers, all individuals registered for the camp session for whom
a fee was paid to attend; and persons employed by the owner or operator
of any such camp to supports its functions, including counselors,
cooks, and maintenance personnel. Camps are further categorized as
follows:
CAMP, DAYA parcel of land (or adjoining parcels of land) used for recreational, educational or business-related use and that does not include any overnight accommodations. A camp established and maintained for temporary, summer seasonal occupancy during the period or part of the period from June 1 to September 15 in any year for the daytime supervision of children. The principal use shall be for the daily occupancy of children between the ages of five and 18. Day camps do not provide overnight accommodations. A day camp shall not include temporary or permanent shelters, buildings or structures designed for use or occupancy by family members of the attendees of the day camp or its staff or employees.
CAMP, OVERNIGHTA camp used seasonally by families and households that include overnight accommodations and that operate any time during the period or part of the period from June 1 to September 15 in any year.
CAMP, SEASONALA camp used seasonally to provide for the supervision of children between the ages of five and 18, along with overnight accommodations within bunk houses, cabins or similar building during the summer period or part of the period from June 1 to September 15 in any year. A seasonal camp shall not include temporary or permanent shelters, buildings or structures designed for use or occupancy by family members of the attendees of the day camp or its staff or employees, except in accordance with the seasonal camp requirements set forth in this chapter.
A lot or space within a campground or RV park used for tent
camping or as a site for recreational vehicles; or an area of land
otherwise offered for use through sale, lease, rent, membership or
any other means for camping purposes regardless whether or not done
for pecuniary gain.
The development or use of a lot, tract or parcel of land
for the purpose of providing a site for travel trailers, truck campers,
camper trailers, motor homes, tents, park model recreational vehicles
(as defined by the Recreational Vehicle Industry Association) or permanent
cabins of less than 500 square feet footprint size that represent
less than 20% of such accommodations as are offered that is owned
and managed as a resort for camping purposes. Campsites, campgrounds
or recreational vehicle parks, tent-camping facilities and other similar
facilities, regardless whether rights to occupy a campground lot are
conveyed by lease, rent, sale or any other means, shall be included
in this definition. Also, this definition shall include those situations
where camping occurs with no specific rights of occupation offered
but the use is nonetheless permitted by the owner's direct or indirect
action or lack thereof.
TRANSIENT CAMPGROUND OR RECREATIONAL VEHICLE (RV) PARKPublicly operated facilities or businesses offering three or more campground or RV park lots with or without the usual accessory recreational and service facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.
NONTRANSIENT CAMPGROUND OR RECREATIONAL VEHICLE (RV) PARKPlanned private communities with recreational and service facilities, including central water and sewer facilities and usually a restaurant and/or bar, lounge, chapel and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common, or individually by membership or may be leased on an annual, monthly or other seasonal basis.
The use of a property as a site for sleeping outside; or
the parking of travel trailers or similar equipment, the erection
of tents or other shelters, to serve as temporary residences.
A building, portion of a building, and/or area arranged,
intended or designed to be used for the washing, spraying, waxing,
polishing or drying of motor vehicles, and/or the vacuum or dry cleaning
of same, on a commercial basis.
A space in a building with structural ceiling level less
than four feet above the average finished grade along any side of
the building facing a street.
A place used for burials, whether in the ground or in mausoleums.
Facilities serving 10 or more dwellings or properties with
collection and treatment of wastewater prior to discharge to an approved
disposal location or any centralized system requiring New York State
Department of Health permits.
Facilities providing 10 or more dwellings with a common water
supply or any centralized system requiring New York State Department
of Health permits.
Institutions offered by nonprofit or eleemosynary organizations
to provide services beneficial to the general public, including but
not limited to retreat houses, but excluding rehabilitation centers,
camps and facilities defined elsewhere in this chapter.
An organization catering exclusively to members and their
guests, which is not conducted primarily for gain, provided there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club. Accessory uses and/or structures may include such subordinate
purposes as administration, operation, accommodations, and the sale
of food and drink primarily to members and their guests. Said use
does not include any guest sleeping rooms or dwelling units.
A residential subdivision plat in which the bulk standards
applicable to single-family dwellings in the applicable zoning district
are modified by the Planning Board to provide an alternative permitted
method for the layout, configuration and design of lots, buildings
and structures, roads, utility lines and other infrastructure, parks,
and landscaping in order to preserve the natural and scenic qualities
of open lands.
The person charged by the Town Board with responsibility
for administration and enforcement of this chapter. Also referred
to as "Building Inspector."
Any and all amusement and recreation uses and associated
facilities and structures used for sports and leisure activities on
a fee basis, excluding adult uses and racetracks.
INDOOR COMMERCIAL RECREATIONAny and all amusement and recreation uses and associated facilities and structures used for sports and leisure activities on a fee basis inside an enclosed building, excluding adult uses and racetracks.
OUTDOOR COMMERCIAL RECREATIONAny and all amusement and recreation uses and associated facilities and structures used for sports and leisure activities on a fee basis in the outdoors, excluding adult uses and racetracks.
An accessory building used by the residents of a development
(whether the homeowners of a large-scale residential development or
the residents of a mobile home park) for such occasions and purposes
as social, cultural, recreational, and community governance. Such
a structure may be owned and operated either by the management of
the development or a homeowners' association.
As provided for by the New York State Public Service Commission.
A mode of ownership wherein each unit of enclosed space may
be owned in fee simple individually and separately from all others,
but where all such owners have an indivisible interest in the common
areas. Thus, they share ownership and attendant responsibilities for
the provision, maintenance and/or repair of common internal facilities,
utilities, services, exterior building surfaces, land, landscaping,
parking, lighting and other outdoor facilities.
A building or buildings designed for conferences, seminars,
meetings, and accessory uses used principally by conference center
patrons, such as restaurants or recreation facilities.
See "cluster subdivision."
A retail store containing less than 2,500 square feet of
gross floor area that is designed and stocked primarily to sell prepared
food items, beverages, and household supplies to customers who purchase
only a relatively few items.
A mode of ownership for which title is held jointly by a
group of cooperators, each member owning a given number of shares
in the corporation in proportion to the value of his individual dwelling
unit, which he "owns" under an occupancy agreement. Each cooperator
is assessed according to the number of shares owned for maintenance
of common areas.
A studio or other space used by an artist or artisan for
the development, display, and sale of art or the instruction in a
personal artistic skill such as fine arts, crafts, dance and music.
A service drive providing vehicular access between two or
more contiguous sites so that the driver need not reenter the public
street system.
Codes, Rules and Regulations of the State of New York.
An indoor or outdoor facility for the live performance of
dance, drama, music, or similar artistic performances, including but
not limited to amphitheaters, pavilions, concert halls and other musical
and performing arts performance areas together with administrative,
food service, interpretive and learning centers and museums, parking,
seating facilities together with various other accessory uses to accommodate
performing arts patrons. Instructional courses in the performing arts
are allowed accessory to an arts center. This definition does not
include facilities principally used to display movies or other non-live
performances. Nothing herein shall be construed to permit adult entertainment
uses in conjunction with a cultural and performing arts center.
The overall opening dimension at the curbline, measured between
the points of tangency of the driveway radii if curbing exists, or
the maximum width of opening at the curbline if curbing does not exist.
Garden house, playhouse, toolhouse, greenhouse, swimming
pool, satellite dish antennas and private garage; the keeping of domestic
animals as pets; the raising of field and garden crops, vineyards,
and orchard farming, provided such crops or produce are for the sole
and exclusive use of the occupant or owner of the premises, and not
for resale.
The angle formed by a line drawn from the direction of the
light rays at the light source and a line perpendicular to the ground
from the light source above which no direct light is emitted.
A commercial use where a combination of professionally administered
personal care treatments such as massages, facials, body wraps, salt
scrubs, and other body treatments are performed. Manicures, pedicures,
and hair salon uses may also be conducted. The facility is only visited
in connection with a treatment and only on a daily basis and the visitation
does not involve an overnight stay or accommodation. If any such services
are required to be licensed by the State of New York, then no such
services may be conducted without a valid and current license.
As defined in 18 NYCRR 413.2, a program or facility which
is not a residence in which child day care is provided on a regular
basis to more than six children for more than three hours per day
per child for compensation or otherwise, except those programs providing
care as a school-age child care program as defined in this section.
The number of families, individual dwelling units or principal
structures per unit of land.
Light emitted directly from the lamp, off the reflector or
diffuser and through the lens of the luminaire.
An establishment with physical facilities, service or by
packaging procedures, that allows customers to receive services and
obtain goods while remaining in their motor vehicles. Where permitted,
drive-through facilities are allowed accessory to a principal use
only and shall require a special use permit.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall include seasonal homes
and mobile homes, provided that they meet all the requirements of
this chapter, the building code, and all other regulations or ordinances
applicable to dwellings.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A building or portion thereof containing three or more dwelling
units.
A dwelling unit situated in the upper stories of a building
above first floor nonresidential uses within an existing building.
A detached building designed or occupied exclusively by one
family and erected on a permanent foundation, with/without basement,
and equipped for year-round occupancy.
A building containing three or more dwelling units, each
unit on an individual lot, in which each unit: 1) extends from the
foundation to the roof; 2) has open space on at least two sides; and
3) has a separate means of egress. Also commonly referred to as a
"townhouse."
A building containing two dwelling units.
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, water and sewage collection
systems along with normal accessory activities.
The accessory use of land, structures or buildings for gatherings
and events where compensation is paid to the property owner for said
use, such as, but not limited to, weddings, banquets, festivals, parties,
fund-raisers, conferences, celebratory or educational activities and
other similar events.
A lot or land, or part thereof, used for the purposes of
extracting stone, sand or gravel, as an industrial operation, and
including quarries, stone crushers, screening plants, concrete product
plants, storage of quarry screenings, accessory to such uses. This
definition shall not encompass the process of grading a lot preparatory
to the construction of a building for which application for a building
permit has been made.
A group of related persons living together and sharing a dwelling
and as many as six persons living together as a single, permanent
and stable nonprofit housekeeping unit, using all rooms in the dwelling
and housekeeping facilities in common and having such meals as they
may eat at home generally prepared and eaten together with sharing
of food, rent, utilities or other household expenses.
Households or groups of more than six persons living together
shall not be considered families for purposes of this chapter unless
affirmative evidence is presented to indicate to the satisfaction
of the Code Enforcement Officer that the household or group is the
functional equivalent of a traditional family. In determining whether
the household or group in excess of six is the functional equivalent
of a traditional family the Code Enforcement Officer shall consider
whether the group:
A building and premises for the indoor or outdoor year-round
sale of agricultural products grown primarily within the Hudson Valley
region.
A building, whether fully or partially enclosed, that is
intended for the display and sale of primarily locally raised agricultural
produce and products grown on the premises on which the stand is located
and which uses its proximity to the roadway to attract customers.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar areas used only for storage or for
the operation and maintenance of the building. Also referred to herein
as "floor area."
Photovoltaic panels and tiles or other solar collectors that
are installed flush to the surface of a building roof and which cannot
be angled or raised.
A unit of illumination produced on a surface, equal to one
lumen per square foot. One footcandle equals 10.76 lux.
Use or management, including commercial logging, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
A public or private road that generally parallels a public
street between the right-of-way and the front building setback line
to provide access to private properties.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
A building, not a private garage, used for the storage of
automobiles, or trucks, and not used for making repairs thereto.
A type of off-street parking area, consisting of an enclosed
space for the storage of one or more motor vehicles, provided that
no business, occupation or service is conducted for profit therein.
A facility having pumps and storage tanks where fuel, gasoline,
oil or other similar products are dispensed, sold or offered primarily
to automotive vehicles for sale at retail only. A convenience retail
store may be accessory to a gasoline station. Nothing herein shall
allow liquefied petroleum gasoline to be stored or dispensed at any
fuel pump.
Premises having not fewer than six holes improved with tees,
greens, fairways, and hazards for playing the sport of golf, excluding
miniature golf. Accessory structures and buildings may include but
are not limited to a driving range, clubhouse, locker room, food stand,
restaurant, banquet or conference rooms. Overnight accommodations
are not permitted. A single dwelling for a groundskeeper is permitted
subject to the regulations set forth in this chapter. Golf courses,
whether private or public, shall be regulated as set forth herein.
An enclosed building, typically made of glass, where horticultural
species are propagated from seeds or cuttings to a stage fit for transplanting
elsewhere or for sale, including retail and wholesale operations.
A retail use that sells primarily food and miscellaneous
other household goods and is usually operated on a self-service basis.
A grocery store may also have a deli counter, butcher, florist, bakery,
and other service counters associated with its operation.
43,560 square feet.
A solar energy system that is anchored to the ground and
attached to a frame, pole or other mounting system, detached from
any other structure for the purpose of producing electricity for on-site
or off-site consumption.
Any habitable room used as a sleeping accommodation for transient
occupancy in a bed-and-breakfast, hotel, motel, or resort. No guest
shall be occupy the same room for more than 30 consecutive days in
any two-month period, except as may be extended by the Planning Board
for an extended stay hotel during special use permit and/or site plan
review.
Any material defined by the United States Environmental Protection
Agency (EPA) as hazardous or toxic due to its characteristics, including
but not limited to direct or indirect toxicity, radioactivity, explosivity,
and flammability, or other characteristics as the EPA or its successors
may revise from time to time.
A facility devoted to human health care and maintenance,
treatment of substance abuse problems or the provision of medical
services, whether offered in a residential setting or as day treatment.
A building where active exercise and related activities are
performed utilizing weight control or muscle-building equipment or
apparatus for the purpose of physical fitness. A health fitness facility
may also include, as accessory uses, services and activities provided
in conjunction with a day spa, a day-care room, physical therapy activities,
and refreshments.
A device, used at a residence, for the purpose of providing
a power source for the residence, whether driven by the wind, supplied
from the sun or generated from some other resource (e.g., geothermal).
Any use customarily conducted entirely within the principal
building and carried on by the inhabitants thereof, which use is clearly
incidental and secondary to the principal use and does not change
the character thereof. Such occupations may include, but are not limited
to, professions and trades, real estate and insurance offices, and
beauty and barber shops.
A facility where horses are boarded, cared for, and may be
hired for riding. The facility may include the instruction of horse
riding, jumping, and showing.
A horse boarding operation provides care, housing, health,
related services and training to horses kept on the premises or on
other properties owned or leased by the operator. Riding and training
activities that are not open to the general public, that are directly
related and incidental to the boarding and raising of horses, including
riding lessons for persons who own or have a long-term lease from
the operator for the horse that is boarded at the farm, are part of
the operation. Riding academies and horse racing operations are not
deemed to be a horse boarding operation.
An establishment for the medical and surgical care of sick
or injured animals.
As per Article 28 of the New York State Public Health Law,
a health care facility engaged in providing medical or medical and
surgical services primarily to inpatients by or under the supervision
of a physician on a twenty-four-hour basis with provisions for admission
or treatment of persons in need of emergency care and with an organized
medical staff and nursing service, including facilities providing
services relating to particular diseases, injuries, conditions or
deformities. The term general hospital shall not include a residential
health care facility or psychiatric hospital.
A parcel of land with a building or buildings or portion
thereof containing guest sleeping rooms occupied by transient guests
who are lodged with or without meals for less than 30 days, which
rooms have primary access from public halls in the case of a hotel,
or access directly to the exterior in the case of a motel, and in
which there may be certain public rooms and meeting rooms accessory
to the hotel/motel and in which are provided such services as are
incidental to the use thereof.
A privately held area of open space used by a nonprofit organization
for the purposes of recreational hunting and/or fishing on a noncommercial
basis, which may be accompanied by a clubhouse, shooting range and
similar accessory uses.
Illuminating Engineering Society.
Man-made surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snowmelt and water. This includes
paved, concrete and gravel surfaces (i.e., parking lots, driveways,
roads, runways and sidewalks), building rooftops and miscellaneous
impermeable structures such as patios, pools, and sheds, including
imperious paving blocks.
A highly restricted type of planned industrial development
in which special emphasis and attention are given to aesthetics and
community compatibility and the property is developed according to
a comprehensive plan which includes detailed provisions for streets
and all necessary utilities as well as serviced sites for a community
of industrial and industry-oriented uses.
Uses involving manufacturing or processing involving changing
the nature, size, or shape of substances of raw materials, or recombining
raw materials. Industrial uses may involve the use of chemical applications,
heat, pressure or other mechanical processing methods.
A use engaged in the manufacture, predominately from previously
prepared materials or materials grown on the site, of finished products
or parts, including processing, fabrication, assembly, treatment,
packaging, and incidental storage, sales, and distribution of such
products, but excluding basic industrial processing.
A light industry use which is conducted on a small scale
and has the following characteristics: requires no outdoor storage
of any materials, will employ less than 10 persons per shift, manufactures
consumer products, does not manufacture nor accept deliveries of product
between the hours 10:00 p.m. and 6:00 a.m., and is located in a building
with no more than 5,000 square feet.
A visitor center consisting of an arrangement of activities
and areas for informal education and entertainment, consisting of
permanent structures and facilities on landscaped grounds. Such centers
may include museums, gardens, arboretums, conference and banquet halls,
hiking and nature trails, picnicking grounds and show stages related
to educational programs.
A common driveway connecting two or more contiguous sites
to the public street system.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used materials,
including but not limited to waste paper, rags, metal, glass, building
materials, house furnishings, machines, wire, pipe, mobile homes,
recreational vehicles, appliances, automotive vehicles or parts thereof,
with or without the dismantling, processing, salvage, sale or other
disposition of the same. This shall include any place where two or
more old, secondhand, abandoned, partially disassembled, dilapidated
or unlicensed vehicles or parts of vehicles, no longer intended or
in condition for legal operation on the public highways, are stored
outside for any purpose for a period of six months or more. The Town
of Wawarsing Code Enforcement Officer(s) shall determine when a vehicle
or part thereof shall meet these conditions and it shall be the burden
of the landowner in such instance to demonstrate conclusively, within
a period of seven days after notice, that a vehicle is legally operable
at the present time if he or she shall disagree with the Code Enforcement
Officer's determination. A junkyard shall also encompass any ancillary
businesses located on a junkyard lot or lots that are part of the
same site, including but not limited to vehicle and equipment sales,
rental operations, repair operations, other sales activities, services
and processing operations; whether or not directly related to the
primary junkyard function.
A structure used for the harboring of more than four dogs
or cats with attendant commercial services that may include boarding,
grooming, breeding, raising, and/or veterinary care.
Equal to 1000 watts; a measure of the use of electrical power.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
primarily for wholesale or retail sale, wherein commercial servicing
or repair of commercial products is not performed and wherein there
is no display of any material or products. A laboratory shall meet
the performance standards set forth in this chapter.
A commercial establishment equipped with individual clothes
washing and/or drying machines that are operated by the retail customer
and which shall be overseen by an employee while in operation.
A curated collection of books, periodicals, and similar resources,
made accessible to the community-at-large for reference or borrowing,
within a building with areas containing a quiet environment conducive
to study.
Extraneous light on adjacent property, typically produced
by stray light from outdoor lighting. Light trespass includes glare
from direct light as well as unwanted spill light.
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or for building development.
CONFORMINGA lot having not less than minimum area and dimensions required by this chapter for a lot in the zoning district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
NONCONFORMINGA parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or setback or yard dimensions less than prescribed by this chapter for the zoning district in which such land is located.
That portion of a lot covered by pavement, structures or
other impervious surfaces.
The minimum distance from the street line of a lot to the
rear lot line of such lot measured at the midpoint of the rear lot
line and the midpoint of the front lot line, not to include the street
or road right-of-way. Where a property extends to the center line
of a road, lot depth shall be measured at a starting point that is
25 feet from the center line of the road.
The edge of the street right-of-way in the case of the front
of any lot; the property boundary generally opposite the street on
which a parcel fronts in the case of the rear of any lot; and the
property boundaries in the case of the sides of any lots.
The average of the distance between side lot lines. Refer
to illustration.
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A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect on an interior angle of less
than 135°.
The rate of flow of light used to express the overall light
output of a lamp.
A complete lighting unit consisting of light source and all
necessary mechanical, electrical and decorative parts.
A structure, transportable in one of more sections, which
is built on a permanent chassis and designed to be used as a dwelling
unit when affixed to a permanent foundation or placed on a concrete
slab and connected to the required utilities. "Manufactured home"
does not include a modular home.
A parcel of land under single ownership which has been planned
and approved for the commercial lease of manufactured home sites.
Equal to 1000 kilowatts; a measure of the use of electrical
power.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State Uniform Fire Prevention and
Building Code, in which prefabricated components assembled at the
plant are sent to a housing site in two or more pieces, depending
on the size and style of said housing, to be joined together to form
a complete house on a permanent foundation.
A place or building where objects of historical, artistic,
or scientific interest are exhibited, preserved, or studied and open
for viewing by the general public.
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.
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 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.
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.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering of any part of
the nipple, or the showing of the covered male genitals in a discernibly
turgid state.
As defined by § 125.1 of the New York State Education
Law, a nonpublic nursery school or kindergarten organized for the
purpose of educating a group or groups of six or more children less
than seven years of age, under the supervision of qualified teachers,
providing an adequate program of learning activities and maintaining
good standards of health and safety.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting.
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business,
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, architects, engineers, physicians,
dentists, attorneys, insurance brokers, real estate brokers and persons
with similar occupations.
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
A zoning district that imposes additional regulations for
a specified area in addition to the regulations that govern the base
zoning district.
Any lamp type with a hard glass bulb, an interior reflection
surface and a lens to control beam spread.
The home of a member of the clergy located on the same parcel
as the place of worship.
The use of property and structures in a manner consistent
with that which is listed as permissible in the zoning district in
which same is located. Also referred to as an "as-of-right" use.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barbershop, health and fitness center, tailor, or custom cleaning
services.
An oily flammable liquid obtained from the ground which can
be refined into gasoline, fuel oils and other products.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
Use of land, buildings, and structures for religious observance,
including a church, mosque, synagogue, or temple but not including
schools or camps as those terms are defined and regulated herein.
A building in which is conducted the main or principal use
of the lot on which it is located.
All outdoor lighting designed to illuminate sites held in
private ownership. Private outdoor lighting does not include streetlighting
but shall include public utility lighting, provided for a fee that
is designed to primarily light private property.
Structures and uses operated by a governmental agency (whether
municipal, county, regional, state or federal) or nonprofit fire protection
or ambulance service provider in the proper exercise of their jurisdiction.
A temporary, seasonal public outdoor gathering for amusement
or entertainment purposes, including but not limited to circuses,
outdoor concerts, carnivals, fairs, nonmotorized sporting contests,
or other similar events, allowed only upon special use permit approval
by the Town Board and for a duration of time approved by the Town
Board in conjunction with the issuance of a special use permit.
An installation used by a public utility (see definition
of "utility, public") in connection with the furnishing of its franchised
or licensed public utility service. These facilities are generally
of two types: public utility lines and mains, and public utility substations
(see definitions of each term). The term "public utility facility"
excludes telecommunications facilities, which are regulated separately
in this chapter. Nor shall the term "public utility facility" be deemed
to authorize electric power plants, gas wells, natural gas compression
facilities or natural gas processing facilities.
A type of public utility facility that may include lines,
wires, conductors, pipes, ducts or similar man-made devices or systems
used for transmitting or conveying signals, energy or material above,
on or under land outside the right-of-way of a public road. Utility
distribution facilities which serve individual customers are considered
customary accessory uses, and not public utility facilities.
A type of public utility facility that may include electric
or gas utility substations, transformer stations, water or sewage
pumping stations, and similar facilities designed to connect or interconnect
elements of public utility transmission, distribution, collection,
or transmission infrastructure by means of ground-based facilities
within fenced enclosures, and any buildings associated therewith.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
As per New York State Town Law, one or more designated districts
or areas of land to which development rights generated from one or
more sending districts may be transferred and in which increased development
is permitted to occur by reason of such transfer.
A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motor
power or is mounted on or drawn by another vehicle. A recreational
vehicle includes a travel trailer, camping trailer, truck camper and
motor home.
As provided for by the New York State Public Service Commission.
A commercial use consisting of overnight accommodations with
guest sleeping units, within a building or group of buildings that
incorporate indoor and/or outdoor recreational facilities and entertainment
as integral and accessory uses into the overall design of the resort
to transient guests for less than 30 days. A resort lodge may also
include meeting or conference rooms or center, dining facilities,
and other areas for social gathering of guests. A "low-intensity"
resort is developed at a lesser density and intensity than a resort,
as per the special use permit standards governing this use. Dwellings
as defined herein, a medical or other rehabilitative facility or single-room
occupancy uses shall not be deemed to be resorts.
Any resort which meets one or more of following criteria shall be allowed only upon the creation of a PRRD zone established by the Town Board in accordance with Article VII of this chapter: a) the resort is located on a property exceeding 100 acres of gross lot area; 2) the resort proposes occupancy of guest units in excess of 30 days within a two-month period; or, buildings are proposed to be constructed which are the functional equivalent of a dwelling and held in separate ownership than the owner of the resort.
A business engaged in preparing and serving food and beverages
selected from a full menu by patrons seated at a table or counter,
served by a waiter or waitress and consumed on the premises, with
takeout food (if any) as an accessory use, but excluding fast-food
establishments. This use does not include drive-through facilities.
A restaurant in which farm produce is grown and harvested
on the same lot, a conservation lot associated with an agrihood, or
farm operation within the Town of Wawarsing, and is prepared and consumed
in a restaurant.
A business engaged in the sale of quickly prepared food and
beverages selected by patrons from a limited line of prepared specialized
items, such as hamburgers, chicken, pizza, tacos, and hot dogs, for
takeout and/or on-premises consumption (in the latter case, where
orders are placed at a counter as opposed to table service via a waiter/waitress),
in a facility where the floor area available for dining is generally
less than 1/2 of the gross floor area, and a major portion of the
sales to the public is at a drive-through or standup-type counter.
The term "fast-food restaurant" shall not include bakeries, delicatessens,
or similar types of retail establishments. See also "restaurant."
A retail store where it sells primarily a single brand of
consumer goods typically at a discount. Retail sales shall not include
food products unless specifically approved by the Planning Board.
A business where goods are sold at retail. Such sales are
direct to the consumer and include but are not limited to goods such
as food and beverages; florists; shoes and clothing; hardware, paint
and wallpaper; carpeting; hobby and crafts; books; furniture; antiques;
art supplies; music; pharmacies; jewelry; photographic supplies; pets;
gifts; stationery; sporting goods; fabrics; optical goods; launderette/laundromat,
and appliances. Retail stores exclude lumber yards, restaurants and
fast-food restaurants. Accessory outside storage or display of goods
is permitted only upon site plan approval by the Planning Board.
A solar panel system located on the roof of any legally permitted
and/or constructed building or structure for the purpose of producing
electricity for on-site or off-site use.
A room separated from other rooms by walls and doorways,
but not including kitchens, bathrooms, or similar utility spaces,
foyers or halls.
Dish-shaped antennas designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communications satellites.
Any public or nonpublic building or part thereof that is
designed, constructed, or used for education or instruction in any
branch of knowledge. May include colleges and universities.
A commercial school providing training in a number of professions
or trades, e.g., driving school, beauty school, plumbing, heating,
carpentry, welding, auto repair, and similar training.
A commercial use consisting of a building or buildings containing
individual, self-contained storage units that are leased on a weekly,
monthly or other periodic basis and used for the storage of business
or household goods.
As per New York State Town Law, shall mean one or more designated
districts or areas of land in which development rights are designated
for use in one or more receiving districts.
An age-restricted development inhabited by residents that
are 62 years of age and older, that may consist of independent living,
assistive living or congregate care living arrangements, or a combination
thereof, that is accompanied by supportive care services and where
progressive levels of assistance with activities of daily living are
provided. Senior care developments are also commonly referred to or
can incorporate "continuing care retirement communities," "assistive
living facilities," "nursing homes" and "life care communities," but
the term shall exclude motels, hotels, group homes, hospitals, clinics
or alcohol and drug rehabilitation facilities.
A commercial business, the primary activity of which is the
provision of assistance, as opposed to products, to individuals, business,
industry, government, and other enterprises, not including any adult
use as defined herein.
The median setback (front, rear or side) of all existing
structures located on the same side of the street and within the same
block and same zoning district.
The required minimum distance from the building or use to
the front lot line.
The required minimum distance from the building or use to
the rear lot line.
The required minimum distance from the building or use to
any lot line other than to the front or rear lot lines.
Any device, facade, fixture, material, placard or structure
that uses any color, form, graphic, picture, illumination, symbol
or writing to advertise, announce, declare or identify a purpose or
entity or to communicate information of any kind to the public outside
of a building, including neon or fluorescent-painted building outlines
and similar devices.
BUSINESS OR INSTITUTIONAL IDENTIFICATION SIGNA sign advertising a business or institution or identifying the business or profession of the owner or occupant of the property on which it is placed.
COMMERCIAL DIRECTORYA combination, on a single structure not exceeding eight feet in height, of a sign identifying a business complex with other smaller uniform signs listing businesses on a property. Such signs shall replace freestanding signs which the advertisers would otherwise have rights to place on the property and use no more than 20 square feet in surface area on each side to identify a complex nor more than 10 square feet on each side to identify a specific business or service. Refer to illustration.
 Commercial directory
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CONTRACTOR SIGNA sign of a builder or contractor that is erected and maintained while such persons are working on a property and is immediately removed when the work is complete.
DIGITAL CHANGE BOARD SIGNA sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means and are distinct from conventional "manual-change copy" signs that do not change their message except through physical replacement of letters or words on the sign.
FREESTANDING SIGNA pole sign or ground sign.
GROUND SIGNA sign rising from a ground foundation and not over eight feet in height. The entire bottom of such sign is in contact with or in close proximity to the ground.
INCIDENTAL COMMERCIAL SIGNAn advertising sign on which is located a simple message directed only to persons on the lot, such as a gas pump sign, credit card sign or pricing sign placed in a window or on a door.
OFF-PREMISES ADVERTISING SIGNA sign advertising a business or service located off the premises on which the sign is located. Also commonly referred to as a "billboard."
POLE SIGNA sign supported by a pole(s) as a structure independent of any building. Pole signs are also separated from the ground by air.
PORTABLE SIGNA sign not permanently attached to the ground or a structure and designed to be transported, including signs on wheels, A- or T-frames or any other movable device or vehicle.
REAL ESTATE SIGNA sign which advertises the availability of land, buildings or spaces within buildings as being for sale or rent.
TRAFFIC DIRECTION SIGNAn informational sign on which is located a simple traffic directive directed only to persons on the lot, such as a "no parking," "loading in rear," "one-way" or "office this way" sign.
WALL SIGNA sign attached flush with a structural wall of a building, including window signs occupying more than 50% of the window or door surface and projecting signs not extending out from the structural wall surface more than 18 inches.
The height of any sign shall always refer to the height of
the topmost portion of the sign from grade level, unless the foundation
for such sign shall be positioned below the adjoining road grade,
in which case the height shall be measured from the road grade.
The size of any sign, computed by multiplying its greatest
length by its greatest height. Sign supports or foundations not exceeding
three feet in height and not bearing advertising material shall not
be included. The surface area of signs with no definable edges (e.g.,
raised letters attached to a facade) shall be that area within the
perimeter of a single line enclosing the advertising material. The
reverse side of any sign may, however, be used without counting toward
total sign area.
A facility for the slaughtering and processing of animals
or other livestock and the processing of their by-products.
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 active and/or passive solar energy systems on individual properties.
A solar 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.
An easement recorded pursuant to New York Real Property Law
§ 335-b.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site use, sale, or consumption.
Solar photovoltaic systems which generate power exclusively
for on-site use and consumption by the owners, lessees, tenants, residents,
or other occupants of the premises of the building or lot to which
they are attached and do not provide energy for any other lots, except
as may be allowable under New York State or federal regulation.
A collective solar energy system occupying less than or equal
to two acres area of use consisting of ground-mounted solar arrays
or roof panels, and associated control or conversion electronics and
that will be used to produce utility power to provide energy only
for the on-site use and consumption of the specific lots associated
with a particular major or minor subdivision.
Groupings of solar photovoltaic solar panels connected to
an electric circuit served by an electric utility company. Multiple
users may subscribe to receive the output from one or more panels,
receive the benefits of PV technology and the efficiencies associated
with a larger-scale project without having to own, host or maintain
the equipment on their own property.
Converts the variable direct current (DC) output of a photovoltaic
(PV) solar panel into a utility frequency alternating current (AC)
that can be fed into a commercial electrical grid or used by a local,
off-grid electrical network.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
Total initial lamp lumens of the light source.
An authorization of a particular use of land or structure
which is permitted in this chapter, subject to any general or specific
requirements imposed by same to assure that the proposed use is in
harmony with the purposes of the chapter and will not adversely affect
the neighborhood if such requirements are met.
Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the areola; or human male genitals in a discernible
turgid state even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
or acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breast.
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
Rules and regulations relating to building construction as
promulgated by New York State.
Any land area with a grade of 25% or steeper, covering a
contiguous area of 500 square feet or more.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials are excluded from this definition.
That portion of a building between the floor surface and
the ceiling above it, having a height of not less than seven feet.
A cellar shall not be deemed to be a story. Any portion of a building
with a floor to ceiling height of less than seven feet at five feet
off center shall be considered to be a half-story.
A road shown on the Official Map of the Town of Wawarsing,
or an existing Town, county, state highway or street shown on an approved
subdivision plat, or a street shown on a plat filed with the County
Clerk prior to the Planning Board's authorization to review a subdivision.
The dividing line between a lot and a street right-of-way.
A combination of materials to form a building or other construction
that is safe and stable and includes, among other things, stadiums,
radio towers, sheds, storage bins, billboards and display signs.
The angle of the solar panels and/or solar collector relative
to their latitude. The optimal tilt to maximize solar production is
perpendicular, or 90°, to the sun's rays at true solar noon.
The cutting, removal, or harvesting of timber or trees for
the purpose of selling or milling such timber or trees, excluding
the cutting of trees for the personal use of the landowner.
Businesses involved in the small-scale production of food
and/or crafting of beverages from vegetables, fruits, grains or dairy
ingredients only, for final consumption, including a winery, brewery,
ice cream, confectionary, bakery, and cheese shop, and where an essential
and required element of the business is the operation of tours to
display the production and/or crafting process to visitors. The retail
sale of products made on the premises or to market on the premises,
as well as a dining, tasting, or drinking area is allowed accessory
to the principal use. Said retail sales and dining areas shall not
exceed 40% of the gross floor area of the total area of buildings
on the site. Food processing involving poultry, beef, fish, or similar
meat products is prohibited.
Retail sales or rental of merchandise used in tourism-related
businesses. For purposes of this definition, tourism-related retail
uses shall be limited to recreational equipment sales or rental of
indoor or outdoor recreational equipment, recreation clothing outfitter,
and guide services.
A workshop of any person employed in a skilled trade such
as, but not limited to, plumbing, electrical, heating and ventilating,
painting, woodworking, carpentry and upholstery, printing and copying,
machine printing and general repair shops.
When the sun is at its highest during its daily east-west
path across the sky.
The ratio of the average numerical illuminance to the minimum
value found within a lighted area.
Those normal and customary services to a building or group
of buildings within a corporate park or subdivision necessary to provide
heat, electric power, water, sanitary waste disposal, and/or fire
protection.
Any person, firm, corporation, or municipal agency duly authorized
to furnish to the public, under public regulation, electricity, gas,
water, sewage treatment, steam, cable TV, telephone or telegraph.
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 of this chapter.
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.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used, boats or trailers, shipping containers and other equipment.
A selection of motor vehicles, boats or trailers or other equipment
may be displayed within a totally enclosed building but still others
may require an outdoor area for their storage.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage outside a completely enclosed
building of used or discarded motor vehicles, or parts thereof, with
or without the dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles and their parts. A deposit, collection
or storage on a lot of two or more motor vehicles no longer in condition
for legal use on the public highways, or parts thereof, for 60 days
or more in a residential district, or for 90 days or more in a nonresidential
district, shall constitute a motor vehicle junkyard. Farm machinery
and off-highway vehicles and equipment utilized in agricultural operations
shall not be deemed to constitute a motor vehicle junkyard.
A building, or a portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles, their
mechanical systems and their body structure (including painting).
This category is intended to include, but is not limited to, "jiffy
lubes," and such repair shops as specialize in transmissions, mufflers,
tires, as well as the sale of gasoline or any other motor vehicle
fuel or oil or other lubricating substances.
A lighting unit designed for direct mounting on building
walls whose primary function is to light building exteriors.
A building, with or without refrigeration, principally used
for the storage of products and goods.
Establishment primarily engaged in rendering services to
businesses on a fee or contract basis, such as advertising and mailing,
building maintenance, unemployment service, office equipment rental
and leasing, commercial research, development and testing, photo-finishing,
and business supplies. A wholesale business is not open to the general
public for retail sales. Said use shall not be deemed to include "adult
use."
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to, antennas, monopoles, equipment, appurtenances and structures.
MINOR WIRELESS COMMUNICATIONS FACILITYAny wireless communications facility situated: 1) on the same property as an existing wireless communications facility designed for co-location and previously approved under this chapter; or 2) on or in an existing building or other structure; and where the equipment consists of a combination of antennas, or other receiving device, necessary in number to facilitate the provision of wireless communication services from such location, provided that such minor installation: 1) comprises antennas or transmitting and receiving devices which are no more than six feet in height, which are mounted on supports affixed to an existing structure; and 2) operates with all significant equipment accessory thereto (other than the aforementioned antennas and transmitting or receiving devices, supports and connecting cables) installed in interior space appurtenant to such existing building, tower or structure, or located upon a structure the total combined height of which is less than 100 feet from the preconstruction average finished grades.
MAJOR WIRELESS COMMUNICATIONS FACILITYAny wireless communications facility that is not a minor wireless communications facility, including but not limited to any facilities including any wireless communications towers, as hereinabove defined.
The provision of personal wireless communications services,
including but not limited to those more commonly referred to as "cellular
telephone service," regulated by the Federal Communications Commission
in accordance with the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C),
or as hereafter amended.
Any freestanding structure including lattice structures or
framework and freestanding self-supported vertical pole (commonly
known as "monopole") on which any equipment is located in connection
with the provision of wireless communications services.
ADEQUATE COVERAGECoverage to the minimum standards set forth by the Federal Communication Commission to permit the applicant to operate wireless communication service within the area.
ALTERNATIVE TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative designs, including structures that camouflage or conceal the presence of antennas or towers.
ANTENNAA system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications.
AREA OF USEThe area within the parcel measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and access roadways.
CO-LOCATIONSiting or mounting of multiple telecommunication facilities used by the same provider, or by two or more competing providers, on the same property, antenna support structure or telecommunication tower.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts, and other customary yard accessories, ornaments,
and furniture may be permitted in any yard subject to height limitation
and requirements limiting obstruction of visibility.
YARD, FRONTA yard extending between side lot lines across the front of a lot adjoining a public street. In the case of through lots or corner lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.
YARD, REARA yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yard, but only front and side yards.
YARD, SIDEA yard extending from the rear line of the required front yard to the rear yard, or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of required front yards. In the case of corner lots, one of the yards remaining after the designation of front yards shall be considered the side yard, and the other the rear yard.
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