A.
General.
(1)
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
(2)
For the purposes of this chapter words and terms used herein shall
be interpreted as follows:
(a)
Words used in the present tense include the future tense.
(b)
The singular number includes the plural.
(c)
The word "person" includes a corporation, partnership, and association,
as well as an individual.
(d)
The word "lot" includes the words "plot," "parcel," or "property."
(e)
The term "shall" is always mandatory.
(f)
The term "may" is permissive.
(g)
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended," "arranged", or
"designed to be occupied."
B.
ACCESSORY
ACCESSORY DWELLING UNIT
ACCESSORY STRUCTURE
AGRICULTURAL CORPORATION
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
AGRICULTURE
APARTMENT
BED-AND-BREAKFAST
BUILDING
BUILDING, FRONT LINE OF
CAMPGROUND
CERTIFICATE TO OCCUPY
CLUBHOUSE
CUSTOM MEAT PROCESSING FACILITY
DAY-CARE CENTER, CHILD
DAY-CARE FACILITY, ADULT
DISCONTINUE
DWELLING
(1)
(2)
(3)
(4)
EQUESTRIAN FACILITIES
FAMILY
FARM OPERATION
FARM STAND
FARMLAND
FENCE
FIRE STATION
FLOOR AREA
FUNERAL HOME
GARAGE, PRIVATE
GASOLINE STATION
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
HEALTH CARE FACILITY
HOME OCCUPATION
(1)
(2)
(3)
HOTEL
JUNKYARD
LIBRARY
LOT
(1)
(2)
(3)
(a)
(b)
(c)
(4)
MANUFACTURED HOME
MANUFACTURING
MARINA
MOBILE HOME
MOTEL
MOTOR VEHICLE
NURSING HOME
OFFICE, PROFESSIONAL
PARK MODEL RECREATIONAL UNIT
PARKING SPACE
PERMIT
(1)
(2)
(3)
PERMITTED USE
PERSON
PUBLIC SELF-STORAGE FACILITY — A land use characterized
by the retail rental of storage space or units for holding personal
or business items with direct customer access to the storage space.
Examples include
RECREATION, OUTDOOR
RECREATIONAL VEHICLE (RV)
REFUSE
REFUSE DISPOSAL DUMP
RELIGIOUS INSTITUTION
RESTAURANT
RETAIL BUSINESS ESTABLISHMENT
ROAD
SAWMILL
SCHOOL, PUBLIC OR PRIVATE
SETBACK
SIGN
(1)
SITE
SITE PLAN
SITE PLAN REVIEW
SKETCH PLAN
SLAUGHTERHOUSE
SLAUGHTERHOUSE, ACCESSORY
STREET LINE
STRUCTURE
(1)
TENT
USE
(1)
(2)
VARIANCE, AREA
VARIANCE, USE
WAREHOUSING, WHOLESALE DISTRIBUTION
WHOLESALE
BASEMENT
Specific definitions. For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
The term applied to a building, structure, system, or use
(except for an accessory dwelling unit) that 1) is customarily incidental
and subordinate to and serves a principal building or use served;
2) is subordinate in area, extent, or purpose to the principal building
or use served; 3) contributes to the comfort, convenience, or necessity
of occupants of the principal building or principal use; and 4) is
located on the same parcel as the principal building or principal
use.
A second subordinate unit that is: 1) contained with the
existing primary single dwelling unit; 2) an addition to the existing
primary dwelling unit; 3) an adaptive reuse of an existing permanent
detached accessory structure such as a barn, carriage house or garage
on the same parcel as the primary dwelling unit; or 4) designed into
new construction of a single dwelling unit.
A structure, attached or detached to the principal structure
of the same lot, that is accessory to the principal structure or use
of the same lot.
Any organization, entity, association, partnership, limited-liability
company or corporation engaged in the business of agriculture whether
for profit or otherwise, including the cultivation of land, the raising
of crops or the raising of livestock.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, preparation, and marketing
of agricultural products, application of animal wastes; storage, transportation,
and proper and legal use of equipment for tillage, planting, harvesting,
irrigation, fertilization and pesticide application; storage and use
of legally permitted fertilizers, limes, and pesticides all in accordance
with local, state and federal law and regulations and in accordance
with manufacturer's instructions and warnings; storage, use and
application of animal feed and foodstuffs, construction and use of
farm structures and facilities for the storage of animal wastes, farm
equipment, pesticides, fertilizers, agricultural products and livestock,
for the sale of agricultural products and for the use of farm labor.
Those products as defined in §§ 301 Subdivision
2 and 301 Subdivision 3 of Article 25AA of the State Agriculture and
Markets Law as adopted or hereafter amended, including, but not limited
to:
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticulture specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals, such as alpacas and llamas, milk, eggs, and furs.
Maple sap.
Christmas trees derived from a managed Christmas tree operation
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Woody biomass, which means short rotation woody crops raised
for bioenergy and shall not include farm woodland.
Apiary products, including honey, beeswax, royal jelly, bee
pollen, propolis, package bees, nucs and queens. For the purposes
of this subsection, "nucs" shall mean small honey bee colonies created
from larger colonies including the nuc box, which is a smaller version
of a beehive, designed to hold up to five frames from an existing
colony.
Actively managed log-grown woodland mushrooms.
Industrial hemp as defined in Article 29 of the State Agriculture
and Markets Law.
Woodland products, including, but not limited to, logs, lumber,
posts and firewood.
The use of land and resources for the production of food,
fiber, fuel, and for agritourism activities in accordance with the
accepted practices of land, nutrient, and farm management as defined
by the New York State Department of Agriculture and Markets including
but not limited to the raising, harvesting, and selling of crops;
feeding (including grazing), breeding, managing, selling, or producing
livestock, poultry, fur-bearing animals or honeybees; dairying and
the sale of dairy products; any other aquacultural, floricultural,
horticultural, silvicultural or viticultural use; animal husbandry,
agricultural support industries, or by any combination thereof; and
equestrian facilities.
A dwelling unit in a multiple-family dwelling or mixed occupancy
building.
An owner-occupied dwelling in which not more than five sleeping
rooms are provided or offered for overnight temporary accommodations
for transient guests for compensation, and serving breakfast to guests
only.
A structure enclosed within exterior walls, built, erected
and framed of a combination of materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals,
or property.
A line drawn parallel to the front boundary along that face
or point of a building nearest to the front boundary. This face includes
garages and front porches of dwellings, whether enclosed or unenclosed,
but does not include steps. See Figure 1, located below the definition
for setback.
Any lot used or intended to be used by let to, or rented
to persons for outdoor recreation or camping in recreational vehicles,
tents or other temporary dwellings and supplied with a water and sewage
disposal system approved by the Cayuga County Health Department.
A written statement from the Code Enforcement Officer that
the construction or use proposed under the same numbered zoning permit
is completed and complies with the existing regulations of the Zoning
Ordinance. A "certificate to occupy" gives approval for the building
or structure to be used or for the land use to continue.
The buildings and facilities housing an organization for
a social, educational, or recreational purpose, and not primarily
operated for profit nor to render a service that is customarily carried
on as a business.
A place or establishment where animals or meat products are
delivered by the owner thereof for slaughter, processing, and/or packaging
exclusively for use by the owner of the animal or of the meat products,
and members of his or her household and his or her nonpaying guests
and employees, provided that such custom slaughterer or processor
does not engage in the business of buying or selling any carcasses,
parts of carcasses, meat or meat products of any animal.
A facility whose program provides care for children away
from their home during only part of a twenty-four-hour day, which
is licensed by and operated in accordance with 18 NYCRR Part 418 of
the New York State Department of Social Services.
A facility designed to provide care for the elderly and/or
adults who are physically handicapped or cognitively impaired, for
a portion of a twenty-four-hour day. An "adult day-care facility"
provides primarily social care with professional assistance to the
client but does not provide for continuous nursing and/or medical
care.
To cease or abandon property without intent to resume, but
excluding temporary or short-term interruptions, such as during periods
of remodeling, maintaining, or otherwise improving or rearranging
a facility, or during normal periods of vacation or seasonal closure.
An "intent to resume" can be shown through continuous operation of
a portion of the facility, maintenance of public utilities, or other
outside proof of continuance such as bills of lading, delivery records,
etc.
A building that contains one or more dwelling units intended
or designed to be used, rented, leased, let or hired out to be occupied
for living purposes. A dwelling shall not be deemed to include a hotel,
motel, or bed-and-breakfast. A dwelling is more specifically defined
as the following:
DWELLING UNITA dwelling or portion thereof providing a complete self-contained residential unit, with living, sleeping, cooking and sanitary facilities within the unit, for use by one family.
SINGLE-FAMILY DWELLINGA detached residence designed for or containing only one dwelling unit, and occupied by only one family.
MULTIPLE-FAMILY DWELLINGA residence designed for or containing two or more families with separate living, sleeping, cooking, and sanitary facilities for each unit. Apartment houses are considered to be "multiple-family dwellings."
DWELLING GROUPA group of two or more single-family dwellings or multiple-family dwellings occupying a parcel of land in one ownership and having a yard or court in common.
Commercial horse, donkey, and mule facilities, including,
but not limited to, horse ranches, boarding stables, riding schools
and academies, horse exhibition facilities and pack stations; together
with any accessory or incidental barns, stables, corrals, and paddocks.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, as defined in § 301 Subdivision
2 of Article 25AA of the State Agriculture and Markets Law as adopted
or hereafter amended.
A structure or vehicle not exceeding 400 square feet of gross
floor area whose principal use is the sale of farm, nursery or greenhouse
products produced on the premises; and may also involve the accessory
sales of homemade handicrafts.
Land used in agricultural production, as defined in § 301
Subdivision 4 of Article 25AA of the State Agriculture and Markets
Law as adopted or hereafter amended; and land which is not currently
in use for but, is suitable for these purposes in the future (e.g.,
idle farmland).
An enclosure or barrier, such as wooden posts, wire, iron,
etc., used as a boundary, means of protection, privacy screening or
confinement, but not including hedges, shrubs, trees, or other natural
growth.
A facility utilized for fire-protection services for the
purpose of public safety and emergency services.
The sum of the gross horizontal areas of the several floors
of a building structure, as measured from the exterior faces of the
exterior walls. Floor area includes areas used for human, occupancy,
and does not include basements, unenclosed porches, and attics not
used for human occupancy.
A building or portion of building designed and occupied for
the preparation of deceased persons or animals for burial and for
the arrangement and management of burial ceremonies; the use commonly
includes accommodations for people to congregate and hold ceremonies
and includes the terms "funeral parlor," "mortuary" or "undertaker."
The term excludes facilities for the cremation of human remains or
animals.
An enclosed space for the storage of one 1) or more motor
vehicles, provided that the vehicle(s) are used by the owner or tenants
of the building or buildings on the premises; and that no business,
occupation, or service is conducted for profit, including repairing
or servicing vehicles for profit.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Such an establishment may offer
for sale at retail other convenience items as a clearly secondary
activity.
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe, and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of agricultural practices and do not harm human health.
As used in this chapter, the term "health care facility"
defines a facility where patients are treated or attended to by licensed
medical practitioners that include but are not limited to physicians,
dentists, physical or occupational therapists, laboratory tests and
diagnostic (x-ray, MRI, etc.) testing.
In particular, a home occupation includes but is not limited
to the following: the professional office or studio of a physician,
dentist, lawyer, engineer, architect, writer, accountant, artist,
musician, real estate agent, or other professional person residing
on the premises, including a child day-care facility as described
in New York State Social Services Law § 390 Subdivision
12; beauty parlor or barbershop; dressmaking or tailor shop; home
workshops, such as for the repair of appliances or other small items,
which do not constitute a nuisance by reason of smoke, odor, vibrations,
dust or noise; and the teaching of not more than 12 pupils simultaneously.
Among the uses that shall not be interpreted to be a home occupation
are the following: animal hospital, commercial stables and kennels,
restaurants, motor vehicle and motorcycle repair facilities, and dismantling,
junkyard and recycling operations.
A building or group of buildings in which there are rental
sleeping rooms for temporary lodging and which may also include dining
rooms, kitchens, serving rooms, meeting rooms, ballrooms, and other
facilities and services intended primarily for the accommodation of
its patrons.
Any place of storage or deposit, whether in connection with
another business or not, of wastepaper, rags, scrap metal, discarded
material and machinery or where more than one unregistered, old or
secondhand motor vehicle is held, whether for the purpose of resale
of used parts there from; for the purpose of reclaiming for use some
or all of the materials therein, whether metal, glass, fabric or otherwise;
for the purpose of disposing of the same; or for any other purpose.
Such term shall include any place of storage or deposit for any such
purpose of used parts or waste material from motor vehicles which,
taken together, equal in bulk more than one such vehicle.
A public facility containing printed information, electronic
information, and pictorial material for the public use and purpose
of study, reference, and recreation.
A parcel of land occupied or used or set aside and available
for use as the site of one principal structure or use with its accessory
structures thereto or for any other purpose, in one ownership and
not divided by a street, not including any land within the right-of-way
of a public or private street upon which said lot abuts, even if ownership
to such way is in the owner of the lot. A lot for the purpose of this
chapter may or not coincide with a lot of record.
LOT AREAThe computed area contained within the lot lines.
LOT COVERAGEThe percentage of the lot area that is covered by the building area.
LOT LINEThe property lines bounding the lot. See Figure 1, located below the definition for "setback."
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street right-of-way is called a side street lot line.
LOT WIDTHThe mean width of a lot measured at right angles to its depth.
As used in this chapter, the term "manufactured home" is
defined by the terms of the Residential Code of the NYS Uniform Fire
Prevention and Building Code Chapter 2 Section R202 as adopted or
hereafter amended. The terms "mobile home" and "manufactured home"
shall not include any self-propelled recreational vehicle or park
model recreational unit.
Any business use or activity involving the treatment, processing,
fabrication, rebuilding, repairing, assembly and/or bulk storage of
material, products, or items.
A marine facility that is operated for profit, provides facilities
for more than 10 boats and is primarily oriented toward providing
permanent and/or transient mooring for recreational boating and may
also contain facilities for boat launching, servicing, repairing,
fueling, and storage; as well as concessions: snack bar, restaurant,
etc.
As used in this chapter, the term "mobile home" is defined
by the terms of the Residential Code of the NYS Uniform Fire Prevention
and Building Code Chapter 2 Section R202 as adopted or hereafter amended.
For the purposes of this chapter, a mobile home shall be considered
a manufactured home. The terms "mobile home" and "manufactured home"
shall not include any self-propelled recreational vehicle or park
model recreational unit.
A building or series of buildings in which lodging is offered
for compensation, and which is distinguished from a hotel primarily
by reason of providing direct independent access to, and adjoining
parking for, each rental unit.
Any vehicle propelled or drawn by power other than muscular
power and originally intended for use on public highways.
A structure, other than a hospital, where persons are lodged
and furnished with meals and nursing care for hire.
The office of a member of a recognized profession maintained
for the conduct of business in any of the following related categories:
architectural, engineering, planning, law, interior design, accounting,
insurance, real estate, medical, dental, optical, or any similar type
of profession.
A park model recreational unit is transportable and primarily
designed for long-term permanent placement on a site. When set up,
park model units are to be connected to utilities which are necessary
to operate fixtures and appliances, they are not self-contained as
an RV.
The area required for parking one motor vehicle, which in
this chapter is held to be an area 10 feet wide and 20 feet long and
clear to a height of seven feet, together with access aisles for maneuvering
and passage to and from the public street.
A document issued by the Code Enforcement Officer allowing
a person to begin an activity provided for in this chapter.
PERMIT, BUILDINGA permit issued by the duly designated building official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof. Such a permit shall not be issued without the signature of the Code Enforcement Officer, certifying compliance with this chapter.
PERMIT, ZONINGA written approval from the Code Enforcement Officer that the construction or use proposed in the application for a zoning permit is in accord with the regulations of the Zoning Ordinance. A permit gives approval for the construction or use to begin.
PERMIT, SPECIAL USEA use which, because of its unique characteristics, requires special consideration in each case by the Planning Board to assure that the proposed use is in harmony with the purpose and intent of the zoning district in which it is proposed; is subject to and will meet certain prescribed criteria and standards along with any others required by the Planning Board; and will not adversely affect the neighborhood if such requirements are met.
Any use which is or may be lawfully established in a particular
district, provided it conforms with all the requirements applicable
to that district.
Includes corporations, companies, associations, societies,
firms and partnerships, as well as individuals.
Mini-warehouse, public storage, or self-storage facilities;
the use excludes temporary or portable units, such as "PODS" tractor-trailers
or storage trailers (with or without wheels). Prohibited activities
within a self-service storage facility include but are not limited
to the following: commercial wholesale or retail sales; auctions,
garage sales or flea markets; servicing, repair or fabrication of
motor vehicles, boats, trailers, lawn mowers, appliances or similar
equipment; the operation of power tools, spray-painting equipment,
table saws, lathes, compressors, welding equipment, kilns or other
similar equipment; the establishment of transfer storage businesses;
and any use that is noxious or offensive because of odors, dust, noise,
fumes or vibrations, but nothing contained herein shall prohibit enforcement
of the provisions of the New York State Lien Law. None of the aforementioned
conditions shall restrict the facility owner from performing maintenance
on this facility.
A commercial recreational land use conducted almost wholly
outdoors. Typical uses may include, but are not limited to, parks,
picnic places, hiking and snowshoe trails, horse-riding academics,
tennis courts, golf courses, marinas, toboggan slides, ski runs, bathing
beaches, swimming pools, athletic sports tracks and other like open-air
sports facilities.
A vehicle built on a single chassis, containing 400 square
feet or less when measured at the largest horizontal projections;
designed to be self-propelled or towed by another vehicle; and able
to have movement on roadways without an oversized load permit (less
than 8 1/2 feet wide). A recreational vehicle is not designed
or intended for use as a permanent dwelling, but as temporary living
quarters for recreational camping, travel, or seasonal use. This definition
includes vehicles such as travel trailers, motor homes, boats, houseboats,
and campers; but shall not include the term "park model recreational
unit" as defined elsewhere in this chapter.
All solid waste, including garbage, rubbish, ashes, incinerator
residue, road cleanings, dead animals, offal and solid commercial
and industrial wastes.
Any land used for the depositing of refuse, except that it
shall not include the land used for the depositing of refuse from
a single family, a member of which is the owner, occupant or lessee
of said land, or any part of a farm in which only animal wastes resulting
from the operation of such farm are deposited.
A building used as a church, place of worship, or religious
assembly, with or without related accessory buildings or uses such
as the following in any combination: rectory or convent, private school,
meeting hall, offices for administration of the institution, licensed
child or adult day care, playground, or cemetery, where persons regularly
assemble for religious purposes and related social events, which is
maintained and controlled by a religious body organized to sustain
religious ceremonies and purposes.
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
A place of business devoted in whole or in part to the sale,
rental, or servicing of goods or commodities which are normally delivered
or provided on the premises to a consumer. Typical categories of goods
and services provided by retail business establishments include, but
are not limited to, artist and hobby supplies, auto supply stores,
books, clothing and clothing accessories, food and liquor, flowers,
furniture sales, garden supplies, gifts, hardware and paint, household
goods and appliances, newspapers and stationery, pharmacy and medical
supplies, sporting goods, and variety goods. The limited production
of such goods, which are primarily intended for retail sale on the
premises, shall be permitted provided that such production is a necessary
adjunct of the retail establishment.
Includes street and highway. The center of the "road" shall
mean the center of the road right-of-way.
A facility where logs or partially processed cants are sawn,
split, shaved, stripped, chipped, or otherwise processed to produce
wood products, not including the processing of timber for use on the
same lot by the owner or resident of that lot.
An institution for the teaching of children or adults including
but not limited to primary and secondary schools, colleges, professional
schools, dance schools, business schools, trade schools, art schools,
and similar facilities.
The least required horizontal distance between a lot line,
and any structure on the lot measured at the shortest point, including
terraces, porches, or any covered projection thereof, but excluding
steps and ramps; except that the front setback shall be measured from
the centerline of the road to the closest point of the building. All
setback lines shall be drawn parallel to their respective lot lines
regardless of the shape of the lot. See Figure 1 below.
 Figure 1: Building Setbacks and Lot Lines
|
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any government or
government agency or of any civic, charitable, religious, patriotic,
fraternal or similar organization.
SIGN, POLITICALA temporary sign announcing or supporting candidates, issues, or other subject matter in connection with any national, state, or local election.
A lot or group of contiguous lots not divided by any alley,
street, other right-of-way or the Town boundary line that is proposed
for development in accordance with the provisions of this chapter,
and is in a single ownership or has multiple owners, all of whom join
in an application for development.
A plan of a site on which is shown topography, location of
all buildings, structures, roads, rights-of-way, boundaries, all essential
dimensions and bearings and any other information deemed necessary
by the Planning Board.
Authority delegated to the Planning Board by the Town Board,
which enables the Planning Board to approve, approve with conditions,
or disapprove the site development plans for all buildings or uses
where site plan review is required.
The first step in the site plan review process, often referred to as a concept plan. Sketch plans shall be provided and reviewed in accordance with the requirements in Article VIII of this chapter.
A building used for the for-profit slaughtering of animals
that are either raised or transported to the building and the processing
and storage of animal products and waste that results from a slaughtering
process.
A building used as an ancillary structure on a farm or ranch
for the nonprofit slaughtering of animals raised on site and the processing
and storage of animal products and waste that results from a slaughtering
process.
The dividing line, also known as the street right-of-way
line, between a lot and the outside boundary of a street or highway.
A combination of materials assembled, constructed, or erected
at a fixed location including a building, the use of which requires
location on the ground or attachment to something having location
on the ground.
PRINCIPAL STRUCTUREA structure, the use or occupancy of which constitutes the main or principal use of the lot on which said structure is located.
Any temporary structure, enclosure, or shelter constructed
of fabric or other pliable material supported by any manner except
by air or the contents protected by the material.
Any activity, occupation, business, or operation carried
on or intended to be carried on, in a building or other structure
or on a parcel of land.
ACCESSORY USEA use located on the same lot with a principal use, and clearly incidental or subordinate to, and customary in connection with, the principal use.
PRINCIPAL USEThe main or primary purpose for which a structure or lot is designed, arranged, or intended or for which it may be used, occupied, or maintained under this zoning Ordinance.
In accordance with NYS Town Law § 267 Subdivision
1(b) an "Area variance shall mean the 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 the applicable zoning
regulations."
In accordance with NYS Town Law § 267 Subsection
1(a) "Use variance shall mean the authorization by the zoning board
of appeals for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations."
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are flammable or explosive or that present hazards
or conditions commonly recognized as offensive. Facilities characterized
by extensive warehousing, frequent heavy trucking activity, open storage
of material. This definition excludes public self-storage facilities.
A commercial activity characterized by the bulk storage,
distribution and/or sale of merchandise to other retail, manufacturing,
construction contracting, institutional or wholesale establishments.
This use may include provision for related administrative offices,
product showrooms, truck storage and parking areas. It excludes facilities
for the storage and distribution of petroleum, natural gas or hazardous
chemicals.
A story that is not a story above grade plane, as defined
by the terms of the Residential Code of the NYS Uniform Fire Prevention
and Building Code Chapter 2 Section R202 as adopted or hereafter amended.
