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 latest edition of 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; and the words "this chapter" shall mean L.L. No. 4-2020 and the schedules and maps included herein as enacted or subsequently amended.
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, except when applied to public officials,
in which event "shall" is directory. Time requirements shall, nevertheless,
be considered mandatory.
G.
Those terms related to building and land use that have not been defined
herein shall have the meaning given to them under the New York State
Uniform Fire Prevention and Building Code.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure.
An establishment having 5% or more of its stock-in-trade
books, magazines, films for sale or viewing on premises by use of
motion-picture devices or any other coin-operated means, and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities of
anatomical areas or an establishment with a segment or section devoted
to the sale or display of such material.
A business establishment which features topless dancers,
strippers, go-go dancers, exotic dancers or similar entertainers,
or live entertainments, in which persons regularly appear in a state
of nudity, or where live performances are characterized by the exposure
of specified anatomical areas or by specified sexual activities. Adult
cabaret establishments specifically exclude minors, or minors are
specifically prohibited by statute or ordinance, regardless of whether
any such business is licensed to sell alcoholic beverages.
A business having a source of income or compensation derived
from the practice of any method of pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation
of, external parts of the human body with the hands or with the aid
of any mechanical, electric apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotion, ointment, or other similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or gratuity. The term "adult massage
parlor" does not include any establishment operated by a medical practitioner,
professional physical therapist, or massage therapist licensed by
the state.
A business used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing or related
to specific sexual activities or specified anatomical areas for observation
by patrons therein.
A business that provides sexual entertainment to customers,
including but not limited to adult bookstores, adult cabarets, adult
massage parlors, or adult motion picture theaters, or combinations
thereof.
An enterprise in which activities include the cultivation
of food, fiber or horticultural crops or the raising of livestock
or poultry.
An enterprise in which activities include the cultivation
of food, fiber or horticultural crops.
A vehicular drive located to the rear of lots providing access
to service areas, parking, ancillary structures, or containing utility
easements.
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.
A facility for the medical or surgical care and treatment
of animals, including shelters and like facilities, other than animal
kennels as described herein.
Any place at which there are kept four or more domestic animals
more than four months of age or any number of dogs that are kept for
the primarily commercial purposes of sale or for the boarding, care
or breeding for which a fee is charged or paid.
Any use of land, including any buildings or structures thereon,
that is used for the supply of gasoline, oil or other fuel for the
propulsion of motor vehicles and/or activities related to the maintenance
of automobiles or other vehicles or equipment, including but not limited
to polishing, greasing, waxing, washing, servicing, equipping or repairing
of motor vehicles.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner- or designated-representative-occupied residential
building containing a one-unit dwelling in which one, but not more
than five, sleeping rooms are provided by the owner for compensation,
not to exceed more than 10 transient guests (two people per sleeping
room) for the accommodation of transient guests with no more than
one meal served daily.
Designated portion of a site with noninvasive landscape plantings,
fences, and/or man-made materials to provide a continuous physical
screen preventing visual access, reducing noise, to mitigate impacts
of use or development on an adjacent area as may be required by code
and/or district regulations or the Planning Board in connection with
site plan review.
Any structure having a roof supported by such things as columns,
posts, piers or walls and intended for the shelter, business, housing
or enclosing of persons, animals, property or other materials, including
any combination of materials forming any construction. The term "building"
shall include the term "structure," as well as the following:
Signs.
Walls and retaining walls.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 10
feet above the highest level of the roof of such building.
Porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission or wind-energy generation towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
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 deck-line of mansard roofs; and to the mean height
between eves and ridge for gable, hip and gambrel roofs.
An organization catering exclusively to members and their
guests, which is not conducted primarily for gain, provided they do
not include 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.
Grouping of buildings (whether on individual lots or in condominium
ownership) in proximities closer than permitted by the existing zoning
and subdivision regulations in order to preserve open space and to
minimize infrastructure improvements pursuant to § 278 of
the New York State Village Law (also known as "conservation subdivision").
The person charged by the Village Board with responsibility
for administration and enforcement of this chapter.
An indoor or outdoor privately run business involving playing
fields, courts, arenas or halls designed to accommodate sports and
recreational activities, such as but not limited to billiards, bowling,
dance halls, gymnasiums, health spas, skating rinks, tennis courts,
swimming pools, team sports and golf courses.
A driveway or other entranceway to a public highway requiring
a break in the curbline or shoulder.
Daytime care or instruction of three or more persons away
from their own homes for more than three but less than 24 hours per
day, by an individual, association, corporation, institution or agency,
whether or not for compensation or reward. This includes family day
care, group family day care, and school-age child care requiring compliance
with state laws and regulations under 18 NYCRR Parts 414, 416, and
417, respectively, that relate to licensing and adequacy of the facility.
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, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other "dwelling
unit." The rental units/rooms in a boardinghouse, dormitory, motel,
inn, nursing home or other similar building shall not be deemed to
constitute "dwelling units."
A structure containing two dwelling units.
A structure containing more than two dwelling units.
A detached building designed or occupied exclusively by one
family and having two side yards, erected on a permanent foundation,
with/without basement and equipped for year-round occupancy.
An electrically-activated display that utilizes computer-generated
messages or other electronic means of changing sign copy to present
variable messages and/or graphic presentations. These signs include
displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
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 of related individuals
shall be presumed to be a family. Twelve or more nonrelated 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 meets the other criteria contained herein.
The sum of the area of all floors of a building as measured
from the exterior walls.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises. Garage space is not classed as living
area even when part of a dwelling. Detached garages for residences
are accessory structures under this Code.
Any substance, solution, or mixture which, because of its
quality, concentration, physical, chemical, or infectious characteristics
may present a potential hazard to human health, drinking water or
food supply quality if discharged to the land, air, or waters, of
the Village of Montour Falls.
An accessary use which is clearly incidental to or secondary
to the residential use of a dwelling unit and does not change the
character thereof, and is carried on wholly within the enclosed walls
of a dwelling unit or accessory building by the proprietor of such
use and other occupants of such dwelling unit and subject to such
limits on the number of nonresident employees as elsewhere established
herein. For the purposes of this chapter, any occupation that produces
offensive noise, vibration, smoke, dust, odors, heat or glare shall
not be considered to be a home business.
An activity carried out for gain by a resident and conducted
in the resident's dwelling unit or in an accessory structure
to the resident's dwelling. Such an activity must be actually
and primarily engaged in by the resident, and all material operations
and incidents of the activity must be confined to the interior of
the building or accessory structure.
An institution for the care and treatment of sick and injured,
equipped with technical facilities, medical, nursing and other professional
and technical personnel necessary for diagnosis and treatment of persons
suffering from sickness or injury which requires bed care as defined
in New York Public Health Law § 2801.
A building in which lodging is provided in guest units and
offered to the public for compensation and in which ingress and egress
to and from all rooms are made through an inside lobby or office,
supervised by a person in charge at all hours. The guest unit shall
consist of a room arranged or designed to be available for use as
sleeping quarters for transient guests on a daily or weekly basis.
The term "hotel" does not include bed-and-breakfast establishments.
A tract of land providing for more than one industrial use,
as defined under "light industrial," designed, maintained and operated
as a unit in single ownership or control and sharing certain facilities
in common, such as driveways, parking areas, drainage, utilities and
screening.
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.
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 materials, such as waste paper, rags
or scrap metal; or used building materials, house furnishing, machinery,
or parts thereof; with or without dismantling, processing, salvage,
sale or use or disposition of same.
See "animal kennel."
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and ground water resources, and in regard to ambient air quality,
noise and light radiation.
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 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 dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.
A lot at the junction of, or abutting on, two or more intersecting
streets.
The percentage of the plot or lot area covered by the building
area and all impervious surface. Parking areas, regardless of how
surfaced, shall be considered impervious.
The average distance from the street line of a lot to the
rear lot line of such lot, not to include the street or road right
of way.
A lot located in such a position that it is to the rear of
a lot fronting on the same street with or without a shared curb cut.
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.
 Figure 1: Example of lot lines.
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The lot line generally opposite the street line.
The average of the distance between side lot lines.
Farm, earth-moving and excavating equipment.
A facility for physicians, dentists, chiropractors, physical
therapists, alternative medical practitioners, or other licensed healthcare
practitioners to examine and treat persons on an outpatient basis.
Any naturally formed solid material of commercial value located
on or below the surface of the earth. For purposes of this chapter,
peat and top soil shall be considered minerals.
A structure, transportable in one of more sections, that
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.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for dwelling
purposes.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State 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 building or group of buildings, whether detached or in
connected units, containing living and sleeping accommodations used
primarily for transient occupancy and which has individual entrances,
from outside the building, to serve each guest unit. The guest unit
shall consist of a room arranged or designed to be available for use
as sleeping quarters for transient guests on a daily or weekly fee
basis. The term "motel" includes buildings designated as tourist courts,
motor lodges, auto courts and similar appellations, but does not include
boardinghouses.
A retail establishment of less than 10,000 square feet in
floor area.
The New York State Uniform Fire Prevention and Building Code
as the same be amended from time to time.
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. (Such definitions
shall not encompass those retail establishments that buy the majority
of their horticulture stock wholesale, not propagating it themselves.)
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter or right. Any use which is not listed as a permitted or
accessory use shall be considered a prohibited use.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barber shop, health and fitness center, tailor, or custom
cleaning services.
A building or premises used for regular public worship by
members or representatives of a religious sect or organization as
defined by state statute.
A building in which is conducted the main or principal use
of the lot on which it is located.
A facility for the processing, manipulation, or application
of business information or professional expertise, and which may or
may not offer services to the public. An office is not materially
involved in fabricating, assembling, or warehousing of physical products
for the retail or wholesale market, or engaged in the repair of products
or retail services. Professional offices may include government offices.
Structures and uses operated by a governmental agency (whether
municipal, county, regional, state or federal) in the proper exercise
of their jurisdiction.
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
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
A licensed care facility that provides twenty-four-hour medical
or nonmedical care to persons in need of personal services, supervision,
protection, or assistance essential for sustaining the activities
of daily living. Residential care facilities include nursing homes,
independent living, assisted living, continuum of care, and hospice
facilities.
Any premises where food and/or beverages are commercially
sold for on-premises consumption to patrons seated at tables or counters
and where table service is provided. Any facility without table service
or providing parking lot service to cars where the food is to be eaten
outside of the structure and/or off the premises shall not be considered
a "restaurant" for the purposes of this chapter and shall be deemed
to be a "fast-food restaurant."
A business enterprise primarily 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, ice cream and hot dogs, for take-out 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 less than 1/2 of the gross floor area,
and a major portion of the sales to the public is at a drive-in or
stand-up type counter). The term "fast-food restaurant" shall not
include bakeries, delicatessens, or similar types of retail establishments.
See also "restaurant."
Stores and shops where goods are sold primarily at retail.
Such sales are primarily made directly 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;
but excluding lumber yards, restaurants and fast-food restaurants.
An institution, not owned by a public agency, which offers
to its students a formal education and is chartered by the Board of
Regents of the University of State of New York.
An institution under the jurisdiction of a school district
or other public agency and legally constituted by the State of New
York to offer free formal education to residents of the district.
See "buffer."
Rental of a single dwelling, duplex dwelling or multiunit
dwelling, or portion thereof, to the same natural person or family
for fewer than 30 consecutive days.
[Added 11-17-2022 by L.L. No. 4-2022]
The entirety or that portion of a single dwelling, duplex
dwelling, or portion thereof that is separately leased as a short-term
rental. For example, a single-family home where the first floor and
second floor are separately leased as short-term rentals shall contain
two short-term rental units.
[Added 11-17-2022 by L.L. No. 4-2022]
Proposed conditions of the lot(s), including maps and all
necessary supporting material, showing the proposed land development
project or proposed new land use.
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
A right-of-way, typically publicly owned, serving primarily
as a means of vehicular and pedestrian travel, shown on the Official
Map and recorded in the office of the Village Clerk, which provides
access to abutting properties and is suitably improved, and which
may also be used to provide space for bicycle facilities, stormwater
management facilities, shade trees, and utilities. Alleys and passages
are not considered streets.
A combination of materials constructed or erected on the
ground or upon another structure or building. Structures include,
among other things: buildings, stadiums, platforms, sheds, unroofed
porches, roofless storage bins, radio towers, telecommunications facilities,
and signs. "Structure" also includes anything that is constructed
or erected underground and projects up to the ground surface or above,
or anything that is constructed or erected wholly underground other
than utility lines, septic and water systems, or other similar types
of underground construction wholly ancillary to a principal building
or structure on the premises. "Structure" also includes constructed
parking spaces.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
A registered vehicle which is used or designed to be used
for seasonal and/or temporary living or sleeping purposes, and which
is mounted on wheels and movable or propelled either by its own power
or drawn by another power vehicle built on a chassis. A recreational
vehicle (RV) is also considered a travel trailer.
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis with or without truck maintenance
and repair facilities.
A building or structure containing at least one residential
use and one nonresidential use, both of which are primary uses and
neither of which is subordinate to the other. Residential structures
containing home occupations are not "mixed uses."
An area, the principal use of which is to house plumbing,
heating, mechanical and/or ventilating equipment. Such space within
a dwelling unit may not be counted toward the minimum square footage
of living area.
Any device on wheels, treads or runners, self-propelled or
towed, including but not limited to automobiles, trucks, motorcycles,
trailers of all types and snowmobiles.
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; 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.
A building, or part of a building, for storing of goods,
wares, and merchandise whether for the owner or for others, and whether
it is public or private warehouse.
A structure or group of structures for the dead storage of
customers' goods and wares where individual stalls or lockers
are rented out to different tenants for storage and where one or more
stalls or lockers have less than 500 square feet of floor area.
A structure and accessories used for religious observances,
such as churches and synagogues.
A required open space other than a court 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. See
illustration below.
 |
A 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.
Front yards shall be measured from the edge of pavement.
A 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.
A yard extending from the rear line of the required front
yard to the rear lot line, 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.
