[Adopted 1-24-1996 (Art.
104 of the 1996 Code)]
Except where specifically defined herein, all words used in
this Code shall carry their customary meanings. For the purpose of
this Code, certain words or terms shall be interpreted as follows:
words used in the present tense include the future tense, the singular
includes the plural, the word "person" includes a corporation and
a partnership as well as an individual, the word "shall" is always
mandatory, and "may" is permissive.
[Amended by L.L. No. 1-1984; L.L. No. 1-1985; L.L. No. 1-1987, L.L. No. 3-1989; L.L. No. 5-1990; and L.L. No. 7-1990]
As used in this chapter, the following terms shall have the
meanings indicated:
To give up with intent of never claiming one's rights or
interests in; to give over or surrender completely.
Accessory structures are hereby defined as buildings, structures
or other improvements subordinate and clearly incidental to the principal
building on the same lot, and used for purposes customarily incidental
to those of the principal building. Accessory structures shall include,
but not be limited to, garages, carports, storage sheds, toolhouses,
garden houses, play houses, gazebos, swimming pools and antennas.
Accessory structures shall not include fences, signs satellite antennas,
freestanding solar panels, towers and similar structures lawfully
existing or installed in accordance with Village requirements.
A use incidental and subordinate to the principal use of
a building and/or structure and located on the same lot with such
principal use building and/or structure.
Extension or increase in area, height or equipment of a building.
Alcohol, spirits, liquor, wine, beer and every liquid, patented
or not, containing alcohol, spirits, wine or beer and capable of being
consumed by a human being.
Narrow supplementary thoroughfare for the public use of vehicles
or pedestrians, affording access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts (interior or exterior) or in the exit facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
Alterations do not include repairs.
See "dwelling unit."
A multiple dwelling in which dwelling units are leased to
permanent tenants.
A multiple dwelling or group of multiple dwellings containing
dwelling units, occupying not more than 35% of the area of the site
or plot on which such dwelling or dwellings are situated.
Any request to the Zoning Board of Appeals for interpretation
of a zoning section of this Code, for a decision on alleged grievances
resulting from enforcement of a zoning section, or for a variance
or special permit.
Approved by the enforcement officer under the regulations
of this Code, or approved by an authority designated by law.
Accessory objects.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
The sum of the horizontal area of one floor, measured from
exterior faces of exterior walls.
American Society for Testing and Materials.
Space between top of uppermost floor construction and underside
of roof.
American Water Works Association.
That space of a building that is partly below grade, which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building (see "cellar").
See "signs."
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20 C., expressed in milligrams per liter.
See "dwellings, multiple."
Any person, persons, or corporation who undertakes to construct,
remove or alter, either under contract or for resale, any building
or structure.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The vertical distance from finished grade to the highest
point of a flat roof or midpoint of a pitched roof. On a hillside
lot, finished grade should be considered as the average finished grade
on the uphill side of a structure.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The extension from the building drain to the public sewer
or other place of disposal, also called "house connection."
A subordinate building the use of which is customarily incidental
to that of the principal building, and located on the same lot as
the principal building.
A building or buildings within which is conducted the primary
use of the lot on which said building is located.
A vehicle or an attachment to a vehicle which is used for
temporary or recreational living or sleeping purposes.
That space of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
New York State Uniform Fire Prevention and Building Code.
A sewer intended to receive both wastewater and stormwater
or surface water.
See "dwelling, multiple."
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any person, firm, or corporation approved by the Village
Board to do work in the Village.
A multiple dwelling used for the accommodation and care of
persons recuperating from illness, age or infirmity.
The elevation of the curb opposite the center of the front
of the building. If a building faces on more than one street, the
curb level shall be the average of the elevations of the curbs at
the center of each side or front of the building. Where no curb level
or equivalent has been established by the municipal authority, the
average elevation of the finished grade immediately adjacent to the
front of the building shall be considered.
Edge of right-of-way of a street, road or highway.
Any person, persons or corporation who undertakes to construct
housing or other structures on any given tract or land subdivision.
An area of land designed for and built or to be built upon,
providing a street system, water and sewer facilities and used for
residential, commercial or industrial purposes, or some combination
thereof.
A pipe or main to which laterals or service pipes are connected.
See "dwelling, multiple."
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer lateral, beginning five feet outside the inner face of the building
wall.
A parcel of land or part thereof used primarily for the disposal
by abandonment, dumping, or burial, for whatever purpose, of trash,
refuse, junk, discarded machinery, vehicles or part thereof, or waste
material of any kind.
Any building, structure, or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure,
or portion thereof.
One or more rooms located within a dwelling and providing
complete living accommodations for the use or occupation by one family,
including cooking and bathroom facilities and an independent entrance.
A detached dwelling containing one or more dwelling units
and forming an integral part of a farm operation.
A detached dwelling containing one dwelling unit only for
the use and occupation by no more than one family.
A detached dwelling containing no more than two dwelling
units for the use and occupation by no more than two families.
A building used for habitation having two side yards.
A building containing three or more dwelling units;
A building containing living, sanitary and sleeping facilities
occupied by one or two families and more than four lodgers residing
with either one of such families;
A building with one or more sleeping rooms, other than a one
or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants (townhouses);
A building with sleeping accommodations for more than five persons
used or occupied as a club, dormitory, fraternity or sorority house,
or for similar uses;
A building used or occupied as a convalescent, old-age or nursing
home, but not including private or public hospitals or institutions;
Row houses, condominiums, and rooming houses.
Written authorization given by a property owner for the use
of a designated portion of his/her property by another for specific
purpose. An acquired legal right for the specific use of land owned
by others.
A person lawfully empowered by Village Board to enforce the
regulations of this Code.
The professional engineer retained as Village Engineer for
the Village of Dryden.
Condition present at time of adoption of this Code.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that five or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Any parcel of land one acre or larger in size, used primarily
for the raising of agricultural products, including fruit, vegetable
and field crops, livestock, poultry or dairy, and nursery, greenhouse,
or forest products, and including buildings and appurtenances necessary
thereto.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The distance between side lot lines measured at the street
right-of-way line, or on dead-end streets, measured at the front yard
setback line.
An enclosed building used as a business for the indoor storage
or repair (including painting) of motor vehicles and the sale of parts
and accessories. A junkyard or auto salvage yard is not to be construed
as a garage.
A carport or enclosed building for use by the inhabitants
of a dwelling for private storage.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
Wastes from the preparation, cooking and dispensing of food
that have been shredded to such degree that all particles will be
carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than 1/2 inch in any dimension.
A building servicing motor vehicles and supplying fuel, lubrication,
supplies and accessories, but not including painting or body repair.
Also filling station.
The elevation of the center line of the street as officially
established by the Village authorities.
The elevation when seeding or paving is complete.
See "dwelling, multiple."
Tompkins County Health Department.
Any owner, tenant, trustee, receiver, executor or other person
who controls, in whole or in part, any subject premises.
A subordinate use of a commercial or service nature located
on a lot whose primary use is residential and which is not detrimental
to the residential character of said lot and the surrounding neighborhood.
An establishment for temporary occupation by the sick or
injured for the purpose of medical treatment. Unless otherwise specified,
the term "hospital" shall be deemed to include sanitarium, preventorium,
clinic, and any other place for the diagnosis, treatment or other
care of ailments, and shall be deemed to be limited to places for
the diagnosis, treatment or other care of human ailments.
An establishment for the medical and/or surgical care of
sick or injured animals.
A multiple-dwelling building containing rooms intended or
designed to be used or which are used, rented or hired out to be occupied
or which are occupied for sleeping purposes for guests and where only
a general kitchen and dining room are provided within the building
or in an accessory building.
Furnace or other arrangement approved by the Tompkins County
Health Department for burning things.
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
A pecuniary or material benefit accruing to a municipal officer
or employee unless the context otherwise requires.
A lot, land, or structure, or part thereof, used for collection,
storage and/or sale of waste, paper, rags, scrap metal or discarded
material; for the collecting, dismantling, storage and salvaging of
machinery or vehicles not in running condition and for the sale of
parts thereof.
A structure used for harboring or keeping of more than three
dogs that are more than six months old.
The extension from the building sewer drain to the public
sewer or other place of disposal.
Open space on the premises, such as yards or courts, or an
open space permanently dedicated to public use which abuts the premises.
See "dwelling unit."
A transient, temporary, or permanent paying guest.
A multiple dwelling used primarily for the purpose of furnishing
lodging, with or without meals, for compensation.
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
Line dividing one premises from another, or from a street
or other public space.
A parcel of land occupied or to be occupied by one or more
buildings and any accessory buildings, together with such open spaces
as are required under the provisions of the local laws of the Village
of Dryden, having not less than the minimum area and width required
by said ordinances and local laws for a lot in the district in which
such land is situated, and having frontage on a street or such other
means of access as may be determined in accordance with the provisions
of law to be adequate as a condition of the issuance of a building
permit for a building on such land.
A parcel of land occupied by one principal building and the
accessory buildings or uses customarily incidental to it, including
such open spaces as are required by this Code.
A portable unit designed and built to be towed on its own
chassis comprised of frame and wheels, connected to utilities, for
year-round living. Neither the removal of such wheels nor the placement
of such unit on a permanent foundation shall result in the conversion
of such unit from a mobile home to a dwelling.
A plot of land for rent within a mobile home park on which
one trailer may be located.
A parcel of land under single or joint ownership, which is
improved for the placement of mobile homes for nontransient use and
which is offered to the public for the placement of two or more mobile
homes.
A multiple dwelling, intended primarily for motorists, not
over two stories in height, in which the exit from each dwelling unit
or sleeping room is directly to the exterior (includes but is not
limited to the terms "motor court," "motor hotel," and "tourist court").
See "dwelling, multiple."
An officer or employee of the Village of Dryden, whether
paid or unpaid, including members of any administrative board, commission
or other agency thereof. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer fireman
or civil defense volunteer, except a chief engineer or assistant chief
engineer.
Village of Dryden.
New York State Department of Public Works.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or other body of surface water
or groundwater.
A building or use of land lawfully existing on the date of
enactment of this Code or amendments hereto, which does not comply
with the allowed use regulations of the zone in which said building
or use is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A multiple dwelling building used for the accommodation and
care of persons with or recuperating from illness or incapacity, where
nursing services are furnished.
Use of a building, structure, or premises.
Written permission issued by the Code Enforcement Officer
to allow use or occupancy of structure or land, reflecting compliance
with the provisions of this Code.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
Used, or intended, arranged or designed to be used.
A multiple dwelling used for the accommodation and care of
persons of advanced age.
An unoccupied space open to the sky on the same lot with
a building.
A person who operates or is in the actual physical control
of a vehicle or machine.
Owner of the freehold of the premises or lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, or other person, firm, or corporation in
control of a building. The word shall also mean a person other than
a lien holder, having the property in or title to a vehicle or machine.
An off-street space available for parking one automobile
and which is an area at least nine feet wide and 20 feet long, not
including maneuvering area and access drives.
Nonhabitable space which serves as a means of travel to or
from other enclosed areas.
Some form of security acceptable to the Village Board guaranteeing
that all improvements to be made by the subdivider in compliance with
this Code will be made.
Written approval issued by Zoning Officer to allow construction
or alteration of any structure or land use.
Written approval issued by the Village Clerk as deemed necessary
by this Code.
Written approval issued by Zoning Board of Appeals to alter
strict application of a zoning section of this Code.
One or more individuals, corporations, partnerships, firms,
associations, companies, labor organizations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations,
trustees, trustees in bankruptcy, receivers, and fiduciaries, or any
other entity, and any agent, designee or employee acting on behalf
thereof.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water, for example, has a pH value of 7 and a
hydrogen ion concentration of 10-7.
The final map of all or a portion of the subdivision, with
supporting data, documentation and approvals required by this Code
and by the Planning Board, submitted to the Village Clerk for action
by the Planning Board and which, if approved, shall be filed in the
County Clerk's office.
The date on which official action approving the final plat
is taken by the Planning Board. Such action shall be taken only after
all requirements and conditions set forth in this Code and by the
Planning Board have been complied with and all required improvements
have been installed or a performance guarantee for their completion
has been accepted by the Village Board.
The date when the subdivider submits the final plat of all
or a portion of the subdivision, with all the data, documents and
approvals required by this Code and by the Planning Board to the Village
Clerk for action by the Planning Board.
The maps of all or a portion of the subdivision with all
data required by these rules and regulations and the Planning Board.
A lot, plot, or parcel of land, including the buildings or
structures thereon.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
Line establishing the boundaries of premises.
Any highway, street, sidewalk, park, playground, public parking
lot, school ground or Village-owned or occupied open space.
A common sewer controlled by a governmental agency or public
utility.
Space within a building for public use, such as lobbies,
lounges, reception, ball, meeting, lecture and recreation rooms, banquet
and dining rooms and their kitchens, and swimming pools.
A corporation providing franchised services, such as electric
service, telephone service, gas service and cable television.
A system of wells, pipes and reservoirs owned and maintained
by the Village of Dryden.
Any highway, road, street, avenue, public place or public
driveway.
To lease, to sublease, to let and otherwise to grant for
a consideration the right to occupy premises not owned by the occupant.
Replacement or renewal (excluding additions) of any part
of a building, structure, device, or equipment with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment.
Required by this Code.
A person paying for their lodging.
See "dwelling, multiple."
The corporation stop, curb and curb box and the water pipe
connecting the corporation stop and curb stop.
That section of water pipe between the curb box and the water
meter owned and maintained by the property owner.
The spent water of a community. The preferred term is "wastewater."
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating, and disposing
of sewage.
A pipe or conduit that carries wastewater or drainage water.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by measure.
That portion of the building sewer lateral extending from
the public sewer to the property line, said municipal lateral being
a part of the "public sewer."
A sewer controlled by the Village of Dryden, in which all
owners of abutting properties have equal rights.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of groundwater, stormwater, and surface
water that is not admitted intentionally.
A pipe or conduit which carries stormwater and surface water
and drainage, but excludes sewage and industrial wastes.
Any structure or part thereof attached thereto or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as, or which is in the nature of an announcement, direction or
advertisement. Includes billboards.
Any drawing(s) of the proposed subdivision made with sufficient
accuracy and detail to be used by the Planning Board for the purpose
of discussion and classification in accordance with the provisions
of this Code.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during the normal operation
and shall adversely affect the collection system and/or performance
of the wastewater treatment works.
A self-propelled vehicle for travel on snow or ice, steered
by ski runners, and supported in part by skis, belts or cleats.
A drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
Portion of a building which is between one floor level and
the next higher floor level or the roof. If a mezzanine floor area
exceeds 1/3 of the area of the floor immediately below, it shall be
deemed to be a story. A basement shall be deemed to be a story when
its ceiling is six or more feet above the finished grade. A cellar
shall not be deemed to be a story. An attic shall not be deemed to
be a story if unfinished and without human occupancy.
Any street, avenue, boulevard, road, land, parkway, alley
or other way which is an existing state, county, town or village roadway
or a proposed street shown on the Village Master Plan or a street
or way shown on a plat to be filed or duly filed and recorded in the
office of the County Clerk. Streets include all land between rights-of-way,
whether improved or unimproved. For the purpose of this Code, streets
shall be classified as follows:
PRIMARY STREETA street used primarily for fast or heavy traffic;
SECONDARY STREETA street which collects traffic from local streets and carries it to primary streets, but does not carry heavy volumes of fast or through traffic;
LOCAL STREETThose streets which are used to provide access to abutting land, primarily of residential character.
Line dividing a lot, plot, or parcel from a street.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use. Anything constructed
or erected with a fixed location on the ground or attached to something
having a fixed location on the ground. Structures include but are
not limited to buildings, walls and fences, radio towers, swimming
pools, billboards, poster panels and signs.
Any person, corporation, firm, partnership, association,
or their agent, who shall lay out or propose any subdivision of land
for the purpose of sale or development, either immediate or future.
The division of any parcel of land into two or more parcels,
lots, plots, tracts, sites or other division of land for the purpose,
whether immediate or future, of transfer of ownership or planned development,
whether or not new building or development is to occur immediately.
Subdivision shall include resubdivision in whole or in part of any
plat, filed or unfiled, which is entirely or partially undeveloped.
Any subdivision of land not classified by the Planning Board
as a minor subdivision.
The subdivision of any land into not more than two lots (initial
lot plus one new lot) and fronting on an existing street, not involving
any new street or road or the extension of any municipal facilities
and not adversely affecting the development of the remainder of the
property or of adjoining parcels.
The Superintendent of Public Works of the Village of Dryden,
or his/her authorized deputy, agent, or representative.
The Superintendent of Public Works of the Village of Dryden,
or his/her authorized deputy, agent, or representative.
The total suspended matter that either floats on the surface
of or is in suspension in, water wastewater, or other liquids, and
that is removable by laboratory filtering as prescribed in "Standard
Methods for the Examination of Water and Wastewater" and referred
to as "non-filterable residue."
A dwelling, or that part of any dwelling, in which overnight
accommodations are offered to transient guests for pay but where such
use is secondary to the permanent occupancy of the dwelling by a family.
Tourist homes should be considered as one-family dwelling units if
fewer than four guest rooms are offered and as a rooming house if
four or more guest rooms are offered. See "dwelling unit" for under
four guest rooms, and "dwelling, multiple" for over four guest rooms.
See "mobile home."
Any vehicle mounted on wheels, flat bed or by another vehicle,
and used for commercial purposes.
A pipe or main where no service connections or laterals are
connected, installed for the purpose of transmitting water or sewage
to or from distribution lines.
Any tree situated on Village property, street right-of-way,
or a tree planted by the Village on private property.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use incidental to the principal use of a building or land.
A use allowed by this Code.
Includes the words arranged, designed or intended to be used.
One who has no established residence and no lawful or visible
means of support.
Written authority to deviate from any of the regulations
of this Code, said authority to be granted by the Village Zoning Board
of Appeals in accordance with the provisions of this Code.
The Village of Dryden, New York.
The duly elected Board of Trustees of the Village of Dryden,
or its authorized representative.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants, and institutions,
together with any groundwater, surface water, and stormwater that
may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant" or "sewage treatment plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.[1]
The Water Environment Federation; formerly known as the "Water
Pollution Control Federation" (WPCF).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
That part of a lot not occupied by the principal building
or structure and which shall not be occupied by any other building
or structure from the ground upward unless specifically authorized
by the ordinances and local laws of the Village of Dryden.
An open space extending the full width of the lot between
a main building and the front lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of such main building. The width of such front yard shall at all points
be at least equal to the minimum frontage required for the district
in which the lot is located.
An open space extending the full width of a lot between the
rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the rear lot line and the rear
of such main building.
That portion of a lot left open and unobstructed by buildings
as required by these regulations.
An open space extending from the front yard to the rear yard
between any building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of side yards shall be measured horizontally from the nearest point
of the side lot line to the nearest part of any building.
