The following definitions shall be used in interpreting this Zoning Code.
ABANDONMENTTo stop the use of property. When the use of a property has ceased and the property has been vacant for 12 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permissible use.
ABSTENTIONWhen a voting member of a board gives up his or her right to vote on an issue.
ACCESSORY DWELLING UNIT (ADU)A second subordinate dwelling unit that is:
A. Contained with the existing primary single-family dwelling unit;
An addition to the existing primary single-family dwelling unit;
An adaptive reuse of an existing attached or detached accessory structure such as a barn, carriage house, or garage on the same parcel as the primary dwelling unit; or
Designed into new construction of a single-family dwelling unit.
ACCESSORY USES OR STRUCTURESThose uses or structures which are clearly subordinate to the principal use of a building located on the same lot and which serve a purpose customarily incidental to the use in conformance with the style, type, and finish of the principal structure.
ACTIONAny project or physical activity, such as construction or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board or official of the Town of Clarkson.
ADDITIONAn extension or increase in area or height of a building.
ADJACENTHaving a common boundary or edge; abutting; touching.
AGRI-BUSINESSAny business catering exclusively to agricultural production, which may include, but is not limited to, supplying services or goods (such as feed or supplies) to producers of marketable agricultural products like greenhouses, nurseries, and farm cooperatives.
AGRICULTURAL OPERATION OR USEThe use of land, buildings, structures, 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 or a hobby, and including greenhouse, nursery, timber operations, compost, mulch, or other organic biomass crops, beekeeping, commercial horse boarding/equine operations, and other agricultural uses as defined in NYS Agriculture and Markets Law Article
25-AA, Section 301.
A thoroughfare not more than 20 feet wide which affords only a secondary means of access to abutting property.
ALTERATIONAny change, rearrangement or addition to or removal from a building or facade other than repairs and modification in building equipment systems (i.e. heating, cooling, electrical, etc.).
ALTERATION, STRUCTURALAny change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
ANIMALAny vertebrate member of the animal kingdom, excluding man.
ANIMAL HOSPITALAn establishment operated by a licensed veterinarian solely for the practice of veterinary medicine.
ANTENNAAny device or equipment of any nature or kind, the primary purpose of which is used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes and omnidirectional antennas, such as whip antennas. Such waves shall include cellular, paging and personal communication services (PCS).
APARTMENTA dwelling unit in a multiple-family dwelling or mixed occupancy building.
APPEALA request by an interested party for reconsideration of a decision.
APPLICANTA person filing an application in accordance with this Zoning Code who is:
A. The owner or lessee of property;
A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in accordance with this Zoning Code, and who presents written authorization from the property owner to file an application with the Town; or
The agent of either of the above who presents written authorization from the property owner to file an application with the Town.
APPROPRIATEConsistent, compatible with, or fitting, to the context of the site and desired future development condition of the neighborhood.
APPROVALFavorable decision to an application that indicates acceptance and the terms of the application are satisfactory. Includes both approval and approval with conditions.
ARCHITECTURAL FEATUREAny portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure. Also referred to as, "architectural detail."
AUTOMOTIVE SALESThe sales or leasing of new or used automobiles, motorcycles, trucks, and recreational vehicles, which includes storage and any incidental maintenance.
AUTOMOTIVE SERVICE OR REPAIR SHOPEstablishments used or intended for use of one or any combination of the following activities. Vehicle dismantling for the resale of salvaged parts, including tires, is not included in this definition (see Junkyard).
A. Retail selling and installing of liquids, coolants, or lubricants where substantial disassembly is not required.
Engine tune-ups, body work, frame straightening, painting, electrical work, transmission repair, or any other repair services not specifically listed.
AWNINGA permanent or retractable overhanging shelter which projects from the face of, and is completely supported by, a building.
BASEMENT or CELLARThat space of a building that is partly below grade which has more than 1/2 its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement or cellar shall be considered a story if the vertical distance between the surface of the floor and the ceiling next above it is at least seven feet six inches.
BED-AND-BREAKFASTAn owner-occupied residence wherein lodging and meals are provided to transient guests for compensation.
BEDROOM or SLEEPING ROOMA fully enclosed portion of a building designed or intended to be used for sleeping purposes, excluding bathroom, closets, hallways, and service porches.
BERMA person-made earthen mound (usually from two to six feet in height) designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
BREWERYAn enclosed building for the manufacture, processing, bottling, and packaging of malt liquors, such as beer, ale, or ciders, but not to include distilled liquors, and duly licensed by the NYS Liquor Authority. For the purposes of this chapter, this shall include operations which include tasting rooms.
BUFFERA unit of land, together with a specified type and amount of planting thereon, which may be required to eliminate or minimize conflicts between land uses.
BUILDINGA structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING AREAThe area taken on a horizontal plane at the main grade level of the building, exclusive of storage space, open porches, terraces and steps and, in respect to dwellings, also exclusive of attached or built-in garages.
BUILDING CODEThe New York State Uniform Fire Prevention and Building Code.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the existing grade at the front of the building to the highest point of the roof for flat or mansard roofs and to the average height of pitched, gable, hip and gambrel roofs.
BUILDING LINE, FRONTThe line of that face of the building nearest the street line. This face includes covered porches, whether enclosed or unenclosed, but does not include steps. If there are street lines on two or more sides of the building (e.g., corner lots), the building shall be considered to have two front building lines.
BUILDING PERMITA permit issued by the Code Enforcement Officer or other building official to enable the construction or alteration of a building to begin. The permit shall only be issued after the proper documentation and information have been submitted and necessary approvals have been granted.
BULKThe size and scale of buildings and non-building uses and the physical relationship of their size and scale in relation to the lot on which they are located. Bulk requirements include building height, building footprint, and lot coverage.
CALIPERA horticultural method of measuring the diameter of nursery stock for trees less than four inches in diameter, the measurement should be taken at six inches above ground level. For trees greater than four inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is 4.5 feet above the ground.
CANOPYAny permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. The term "canopy" shall not include the term "marquee."
CAR WASHAny building or premises, or portion thereof, where the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.
CARPORTAn open-sided roofed automobile shelter, either freestanding or formed by extension of a roof from the side of a building, in which case it shall be deemed part of the structure to which it is attached. In either case, a carport shall not be deemed a garage.
CERTIFICATE OF COMPLIANCEA certificate issued by the Code Enforcement Officer upon completion of the change in use of an existing building or of a parcel of land with no buildings. Said certificate shall acknowledge compliance with all requirements of this chapter.
CERTIFICATE OF OCCUPANCYA certificate issued by the Building Inspector upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Uniform Code.
CHARGING STATIONA site with electrical ports, outlets, or electric vehicle supply equipment (EVSE) that supplies electrical power for charging one or more plug-in hybrid or electric vehicles. A charging station may be provided in an approved parking area.
CLEARING, LANDThe destruction or removal of trees, shrubbery, or other natural vegetation from a plot of land by physical, mechanical, chemical, or other means. Clearing shall not include mowing, landscape maintenance or pruning consistent with accepted horticultural and arboricultural practices.
CLUB, COMMUNITY OR SERVICEThe premises and buildings used by a local, international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations or for educational and cultural purposes.
CODE ENFORCEMENT OFFICER or "CEO"The administrative officer appointed from time to time as provided under the
Civil Service Law of the State of New York, currently classified as Building Inspector III, charged with the responsibility of this chapter as well as other provisions of the Code of the Town of Clarkson.
The purchase, sale, or transaction involving the disposition of any article, substance, commodity, or service; the maintenance or conduct of offices, professions, or recreational or amusement enterprises conducted for profit and also including renting of rooms, business offices, and sales display rooms and premises.
COMMUNITY CENTERA meeting hall or place of assembly intended for use for recreational programming and a gathering place for residents of the Town.
COMPATIBLEA. Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;
Having a pleasing or congruent arrangement of elements in the design and/or appearance between two or more structures;
Having a pleasing or congruent arrangement of elements in the use or function between two or more attributes of a neighborhood or area.
CONIFEROUSA plant with foliage that persists and remains green year-round. Also known as "evergreen."
CONTRACTOR STORAGE YARD OR SHOPA facility used for the provision of general contracting services associated with businesses including, but not limited to, general construction and landscaping trades, which may include office and workshop areas and areas for the storage of equipment and/or materials used in association with the contractor's business.
CORNICEAny horizontal decorative molding that crowns a building, such as the top edge of a facade or over an external door or window.
CULTURAL FACILITYA use that is open to the public and provides cultural services and facilities including, but not limited to, libraries, museums, aquariums, zoos, botanical gardens, and historical societies.
CURBA stone or concrete boundary usually marking the edge of a roadway or paved area.
CURBCUTA dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock or drive-through.
CUSTOMARY HOUSEHOLD PETAnimals accustomed to living in or about the habitation of man, including, but not limited to, cats and dogs.
DANCE, ART, PHOTO, OR MUSIC STUDIOEstablishments or work space dedicated to artists, artisans, musicians, dancers, or other individuals practicing or teaching one of the fine or performing arts or skilled in an applied art or craft. Incidental retail sales of work produced on the premises or related to the studio may be included in the business's permitted function. This definition excludes all adult oriented uses.
DAY-CARE, ADULTThe provision of care to individuals over the age of 18 for periods less than 24 consecutive hours, but not including educational institutions, provided that such day-care conforms to all applicable licensing and/or registration requirements of New York State.
DAY-CARE, YOUTHAny program or facility caring for children for more than three hours per day per child in which child day-care is provided by a licensed child day-care provider except those programs operating as a school-age child care program as defined by §
390 of the Social Services Law of the State of New York. (Ref: NYS Social Services Law)
A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure intensity of sound are calibrated in decibels.
DECIDUOUSA plant with foliage that is shed annually.
DENSITYA unit of measurement; "density" means the number of dwelling units per acre of land.
DEVELOPMENTAny person-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance of farm roads and agricultural practices.
DIGITAL SIGNAny computer-programmable sign capable of displaying words, symbols, figures or graphic images that can be altered or rearranged by remote or automatic means without altering the face or surface of the sign. Typically, these signs utilize LEDs (or light-emitting diodes) or plasma or LCD technology to produce the character and graphics of the display.
DISTILLERYAn enclosed building for the manufacture, processing, bottling, and packaging of distilled liquors, such as vodka, gin, whiskey, or tequila, duly licensed by the NYS Liquor Authority. For the purposes of this chapter, that shall include operations that may include tasting rooms.
DISTRICTA portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRINKING ESTABLISHMENTAn establishment serving alcoholic beverages for on-site consumption as the principal use, including bars, cocktail lounges, pubs, saloons, and taverns.
DRIVE-THROUGH FACILITIESA building or use, which by design of physical facilities a product is sold to, or a service performed for, customers while they are in or near their motor vehicles, including but not limited to fast-food restaurants, drive-up bank tellers, film-processing service booths, etc.
DRIVEWAYA roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a "driveway."
DRY-CLEANING OUTLETSFacilities that provide drop-off and pickup of garments and other textile items for dry cleaning services off-site. (Actual dry-cleaning services are not performed on-site.) Dry cleaning outlets do not include any coin-operated facilities.
DUSTFine, dry, pulverized particles of any material or a fine powder of any kind.
DWELLINGA detached building designed or used exclusively as living quarters for one or more persons or families; the term shall not be deemed to include motel, hotel, boarding or rooming house, recreation vehicle, tourist home or tent.
DWELLING UNITOne room, or a group of rooms joined to each other and not regularly locked in the interior, located in a dwelling, designed and maintained as a unified living quarter, occupied by an individual or a family, containing integrated facilities used for living, sleeping, cooking, eating and sanitation.
DWELLING UNIT, UPPER FLOORA dwelling unit located within a mixed-use or multistory building on any floor other than the ground floor.
DWELLING, MULTIFAMILYA building designed or used as living quarters by three or more families living independently of each other within the same lot. May include apartment buildings, townhouses, or row houses.
DWELLING, SINGLE-FAMILYA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
DWELLING, TWO-FAMILYA building designed and used exclusively for occupancy for two families living independently of each other and which is separated from lot lines or other buildings by open space on all sides.
EASEMENTAny authorization by a property owner for the permanent use by another, for a specified purpose, of any designated portion of a lot.
EATING ESTABLISHMENTAny establishment, however designated, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. A snack bar refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be an "eating establishment."
EAVEThe projecting lower edges of a roof overhanging the wall of a building.
EDUCATIONAL INSTITUTIONParochial, nursery, private and public school, college, university and accessory uses operated under the
Education Law of the State of New York and governed by the NYS Department of Education and shall exclude commercially operated schools of beauty, culture, business, dancing, driving, music and similar establishments which are not so governed.
When barriers of sufficient height and opacity are provided so as to reduce the transmission of sound and light into adjacent properties to the point where the adjacent property owner is not disturbed thereby.
ESTABLISHMENTAn economic unit where business is conducted or services or industrial operations are performed.
EXCAVATIONThe process of the removal of sand, gravel, stone, soil (including topsoil) or other natural deposits by stripping, digging or other means.
FACADE, PRIMARY OR FRONTThe principal face of a building that looks onto a street, right-of-way, or open space. Buildings on corner lots shall be considered to have two primary or front facades.
FAMILYTwo or more individuals related by blood, marriage, operation of law, or adoption, or any number of individuals not related by blood, marriage or adoption living, sleeping, cooking and eating on the same premises and maintaining a common household unit.
FAMILY SUPPORT CENTERA. A facility which conducts one or more of the following uses within an enclosed building to directly support persons and households in need:
(2) Food pantry, excluding food banks and soup kitchens;
Collection and distribution of seasonal items like "toys for tots," clothing, and school supplies;
The facility shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section
501(c)(3) of the Internal Revenue Code.
FARMA unit of land having more than five acres and used for cultivation, pasture or other customary agricultural purposes, but not including the raising of fur-bearing animals.
FARM ANIMALAny ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in NYS
Environmental Conservation Law which are raised for commercial or subsistence purposes. Fur-bearing animal shall not include dogs or cats.
A business for counter service of food in a packaged form where the patron has the option to consume the packaged food on or off the premises.
FENCEA constructed vertical structure, barrier, or partition of any material or combination of materials permitted herein, erected to enclose, screen, or separate outdoor areas, and which has no roof or overhead covering. The provisions of §
140-24.6 of this chapter shall apply to all fences within the Town of Clarkson.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN OR SPECIAL FLOOD HAZARD AREAThe area that will be inundated by the flood event having a 1% chance of being equaled or exceeded in any given year. The 1% annual chance flood is also referred to as the base flood or 100-year flood.
FLOOR AREAThe sum of the horizontal area of the floors of a building and its accessory buildings on the same lot, excluding unfinished basements or floor areas not devoted to habitable use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the centerline of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, "gross floor area" shall not include areas used principally for nonpublic purposes, such as storage, restroom, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLEThe floor area of rooms in a dwelling unit used for bedrooms, living rooms, dining rooms and kitchens.
FLOOR AREA, MINIMUMThat area computed for the floors in the dwelling above the lot grade line. The second floor in each case qualifying for living quarters shall have access thereto by a permanent built-in stairway.
FOOD BANKA facility that collects, warehouses, and distributes food to hunger relief organizations, such as food pantries. Food is not distributed directly to those in need from a food bank.
FOOD PANTRYA facility to collect, store, package, and distribute food, such as fresh produce, perishables, canned goods, or food staples, directly to persons and households in need. The facility shall primarily distribute food but may also include toiletries and hygienic items, diapers, pet food, clothing, and incidental household items. Food pantries shall exclude food banks and soup kitchens. On-site preparation of food is not permitted. The facility shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section
501(c)(3) of the Internal Revenue Code.
A measure of illumination on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
FRONTAGEThe extent of a building or a lot along one public or private street as defined herein.
FUNERAL HOMEA building used for the preparation of the deceased for cremation or burial and the display of the deceased and ceremonies connected therewith before burial or cremation. This shall not include crematory facilities.
GARAGE, ATTACHEDA garage having a common wall or a portion thereof with a principal residential building and used for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GARAGE, DETACHEDA building used as an accessory use to a principal residential building for the storage of motor vehicles, boats or trailers and in which no home occupation, business or service for profit is maintained.
GARAGE, PRIVATEAn enclosed space for the storage of motor vehicles, provided that no business, occupation or service is conducted for profit therein.
GASOLINE STATIONAny building or land or any part thereof used for sale of motor fuel, oil and motor vehicle accessories and which may include a food store or mart and facilities for fueling, charging, lubricating, washing or servicing vehicles, but not including painting or body repairs. Includes facilities not selling gasoline but specializing in oil and other automobile fluid changes.
GRADEThe elevation established for the purposes of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings.
GRADE, FINISHEDThe elevation of the surface of the ground adjoining the building at the completion of a project regulated by this Zoning Code. Height measurements shall be based from the "finished grade." Where the finished grade is below the level of the existing grade, the existing grade shall be used for this purpose.
GRADE, STREETThe officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
GREEN SPACERetained mature vegetation as well as landscaped areas, excluding stormwater management facilities.
GROOMING SHOPProvision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours.
GYM or HEALTH CLUBAn establishment providing indoor recreation or instruction to patrons for health, exercise, or educational purposes.
HAZARDOUS MATERIALAny substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes.
HEDGEAny group of shrubs planted in line or in groups that forms a compact, dense, living barrier that protects, shields, separates, or demarcates an area from view.
HEIGHT, BUILDINGThe vertical distance measured from the elevation of the finished grade level to the highest point of the roof.
HOME OCCUPATION, AGRICULTURALA secondary nonresidential use conducted for gain or profit within a structure on an agricultural property and is otherwise compliant with the applicable regulations of this chapter (see §
140-23.15 for home occupation requirements). Single sales events such as garage sales, yard sales, and other similar sales are not considered a home occupation for the purposes of this chapter.
An accessory nonresidential use conducted within or administered from a portion of a permitted dwelling or its accessory building that only includes uses that are clearly secondary to the principal residential use and is otherwise compliant with the applicable regulations of this chapter (see §
140-23.15 for home occupation requirements). Single sales events such as garage sales, yard sales, and other similar sales are not considered a home occupation for the purposes of this chapter.
A structure or surface with a low capacity for infiltration, including but not limited to buildings and roofed areas, structures, parking areas, loading areas, driveways, roads, sidewalks, and any areas of concrete, asphalt, or significantly compacted material which prevents water from absorption.
IMPROVEMENTAny building, structure, bridge, work of art, area, parking facility, public facility, utility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property or any part of such addition.
INDUSTRIALActivity including resource extraction, manufacturing, processing, packaging, warehousing, storage, distribution, shipping and other related uses.
INDUSTRIAL PARKA collection of sites under common management with coordinated access, amenities, and connections for the location of various industries, which may or may not be related to one another.
INTERIOR PROJECT ROADA road wholly within a single residential development, whether dedicated or not, which is designed solely to provide access to the residences therein.
KENNELAny building or lot on which four or more domesticated animals are housed, groomed, bred, boarded, trained, or sold.
LANDSCAPINGThe use of native plant materials including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).
LANDSCAPING PLANA plan, drawn to scale, showing dimensions and details for landscaping or revegetating an area.
LAUNDROMATA business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an multifamily building or hotel.
LICENSEAny form of written permission given to any person, organization, or agency to engage in any activity, as required by law or agency rule.
LIGHT INDUSTRIAL USEResearch and development, material handling, processing, the manufacturing, compounding, processing, packaging, storage, service industry business, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, where input, output is wholly conducted within an enclosed building and meet the other performance standards of the district.
LOADING AREAAn off-street area containing one or more loading spaces where goods are loaded onto and unloaded from vehicles.
LOADING SPACEAn off-street space exclusive of passageways, driveways, ramps, columns and other areas that is used for the temporary parking of a commercial vehicle while loading or unloading deliveries, merchandise or materials.
LODGINGA single building or group of buildings containing guest rooms primarily designed for the accommodation of transient travelers. Lodging facilities may also provide additional services to guests, such as food and beverages, limited recreational facilities, conference rooms, and laundry. Hotels and motels are considered lodging.
LOTLand occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT COVERAGEThe percentage of the lot area covered by the combined area of the principal and accessory buildings. This definition includes all and impermeable surfaces such as driveways, swimming pools, decks, parking areas and parking lots, excluding patios, terraces and pedestrian walkways.
LOT LINEThe property line bounding a lot.
A. FRONTIn the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
REARThe lot line, which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
STREETA lot line separating the lot from a street.
LOT SIZEThe total area within the property lines, excluding any portion lying within the boundaries of a public street or future street right-of-way.
LOT WIDTHThe mean horizontal distance between the side lot lines, measured at right angles to the lot depth.
LOT, CORNERA lot located at the junction of and fronting on two or more intersecting streets. All "corner lots" shall be deemed to have two front yards, two rear yards, and no side yard.
LUMBERYARDA facility or area where building materials such as lumber, plywood, drywall, paneling, cement blocks, bricks, tiles and other building products are stored and sold at retail. Lumber yards may provide for the sale of associated products such as tools and fasteners. The manufacture or fabrication of lumber products, the storage or sale of firewood or a sawmill are not included.
MAJOR ROADA road within the Town of Clarkson that is owned by Monroe County or the State of New York.
MANUFACTURINGAny factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with person-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall not include the handling of any waste products and materials. Manufacturing processes and treatments include but are not limited to such operations as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
MECHANICAL EQUIPMENTEquipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
MINOR ROADA locally owned road, or all roads that are not owned by Monroe County or New York State.
MIXED USEA development or redevelopment that allows for a mixture of uses in a single building or on a single lot including, but not limited to, two or more of the following: residential, commercial and industrial.
MOBILE FOOD PANTRYDeliveries of bulk food and perishable food by a food bank to a food pantry for immediate distribution by the food pantry. Truckloads of food are distribute to people in pre-packed boxed or displayed on folding tables like a farmer's market.
MOBILE HOMEA structure that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
MOBILE HOME PARKA parcel of land under single ownership on which two or more manufactured homes are occupied as residences or which is planned and improved for the placement of two or more manufactured homes for nontransient residential use.
MOTOR VEHICLEAny device in, upon or by which any person or property is or may be transported except such as is operated exclusively by human power. This includes, but is not limited to, cars, trucks, four-wheelers, dirt bikes, or motorcycles.
MUNICIPAL USE OR STRUCTUREA building, structure, lot, or other property occupied by a public authority, such as a local governmental agency.
NONCONFORMING BUILDING OR STRUCTUREA building or structure that does not conform to the regulations of the district in which it is located upon the effective date of this chapter.
NONCONFORMING LOTA lot in any district where the owner or owners of said lot do not own any adjoining property, which together would create one or more conforming lots and which does not conform with the minimum width, depth and area dimensions specified for the district in which said lot is located.
NONCONFORMING USEAn established use of a building or structure or of land existing at the effective date of this chapter which does not conform to the use requirements of the district in which it is located.
NONRESIDENTIAL USEAll uses of land and buildings except single-family dwellings, two-family dwellings, multifamily dwellings, and mobile home parks.
NURSING HOMEA facility regulated by the state, providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons, in addition to lodging.
NYS UNIFORM CODE(S)The New York State Uniform Fire Prevention and Building Code, which shall include all subunits (Residential Code, Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code, and Property Maintenance Code) as currently in effect and as hereafter amended from time to time. The Uniform Code may also be referred to as the "NYS Building Code."
ODORStimulus affecting the olfactory nerves. An odor shall be considered offensive, noxious, or a nuisance when foul smelling airborne emissions are sufficiently concentrated to cause physical discomfort to and/or interfere with the comfortable enjoyment of life or property for those inhabiting adjacent areas.
OFF-STREET PARKINGA parking facility established with an approved surface off of the public right-of-way and meeting all other restrictions of this chapter.
OFFICE, ADMINISTRATIVE OR PROFESSIONALThe use of a building or structure for the operation of day-to-day activities that are related to record keeping, billing, personnel, and logistics, within an organization. This shall also include financial institutions. This shall not include medical professionals.
OFFICE, MEDICALThe use of a building or structure by licensed health care professionals, including but not limited to physicians, dentists, physicians' assistants, radiologists, dermatologists, and nurses, for the treatment of persons on an outpatient basis only.
OPEN SPACEAny area or area(s) that are undeveloped or restricted from development, provide access to light, air, and/or water, and hold some environmental, aesthetic, economic, and/or recreational value. This may include, but is not limited to, privately or publicly owned parkland and recreational facilities, farmland, woodlots, wetlands, lakes, ponds, local habitats, environmentally sensitive areas, and otherwise undeveloped lands. Open space shall not be deemed to include driveways, roadways or parking areas.
OUTDOOR SALES OR DISPLAYThe outdoor display of products, vehicles, equipment, and machinery for sale or lease. Exterior display is an outdoor showroom for customers to examine and compare products. It does not include damaged vehicles, vehicles or equipment being serviced, bulk goods and materials, and other similar products.
OUTDOOR STORAGEThe storage of items, merchandise, materials, equipment, or vehicles outside of an enclosed structure for more than four consecutive days that are not being displayed for sale.
OWNERAn individual, firm, association, organization, partnership, trust, corporation, or company holding title to the property.
PARAPET WALLThat portion of a building wall that rises above the level of the roof.
PARKING AREA OR LOTAn off-street area containing one or more parking spaces where motor vehicles are stored for the purpose of temporary, daily or overnight parking, with passageways and driveways appurtenant thereto.
PARKING SPACEAn off-street space used for the temporary location of one licensed motor vehicle, not including access driveway(s).
PAVED SURFACEGround surface covered with cobblestones, fired clay bricks, concrete precast paver units, poured concrete with or without decorative surface materials, blacktop, oil and stone, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.
PEDESTRIAN-SCALEDRefers to a pedestrian friendly development approach that seeks to provide the following:
A. Clear, comfortable pedestrian connections and access to commercial and residential areas as well as sidewalk networks and transit stops;
Combination of land design practices including compact development, mixed use development, traffic calming, designated pedestrian circulation systems and amenities, and a mix of housing types;
Buildings, structures, lighting, and other site features built to a scale that is inviting and comfortable to pedestrians and non-motorists and includes architectural detailing to increase visual interest.
PERFORMANCE BONDA bond, letter of credit, cash or securities posted by the developer and accepted by the Town Board, to guarantee that the developer will construct or deconstruct, or cause to be constructed or deconstructed, within one year all required improvements set by the Planning Board as conditions under site plan approval.
PERMITA document issued by the proper authority authorizing the applicant to undertake certain activities.
PERSONAny individual, firm, trust, partnership, public or private association or corporation.
PERSONAL SERVICE STOREPlaces primarily providing services oriented to personal needs, such as barber and beauty shops, shoe repair shops, household appliance repair shops, dry cleaning and laundry pick-ups, shoe shine parlors, and other similar establishments. Retail sales shall be allowed as incidental uses in personal service establishments.
PLANNING BOARDThe officially designated Planning Board for the Town, as established by the Town Board in accordance with NYS Town Law.
PLAYGROUNDA publicly or privately owned area for recreational use primarily by children.
PONDAny open area man-made body of water, water area, detention pond, retention basin, stone quarry, dammed area or agricultural liquid waste holding pond over 30 inches deep.
PORCHAn unenclosed and unscreened roofed permanent projection in which the roof is supported by piers, posts, or columns attached to the entrance of a principal building.
PRINCIPAL BUILDING OR USEThe primary use of the building or land on or a part of a single lot. All buildings that are part of a farm operation shall be considered principal buildings including a residence that is also located on a parcel with farm structures.
PRINTING OR PUBLISHING OPERATIONA commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.
PROFESSIONALAn individual or agency providing guidance and/or services relating to a discipline that requires special education, training, skill, or licensure, such as an engineer, architect, planner, or attorney.
PUBLIC PARK OR PLAYGROUNDAn area of land, with or without buildings and structures, intended for outdoor active or passive recreational use by the general public.
RECREATION FACILITYA place, area, structure, or other facility used by persons in the community to carry out recreational activities.
RECREATION FACILITY, INDOORAn establishment providing for recreational or entertainment activities in a completely enclosed structure. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed recreational uses. Included in this definition shall be indoor arcades, movies, pools, courts, or other facilities where patrons are engaged in and/or spectating sport or game activities.
RECREATION FACILITY, OUTDOORAn establishment providing for recreational or entertainment activities in an open or partially enclosed structure. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the recreational uses. Included in this definition shall be outdoor pools, fields, courts, or other such facilities where patrons are engaged in and/or spectating sport or game activities.
RECREATIONAL VEHICLEA trailer or self-propelled motor vehicle structure without permanent foundation, which can be towed, hauled or driven, and is primarily designed as temporary living accommodation for recreation, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
RECUSALAbstention from voting on a decision because of a possible conflict of interest.
RELIGIOUS INSTITUTIONA place for worship, includes churches, temples, synagogues, mosques, parish houses, convents, seminaries and retreat houses.
RESEARCH AND DEVELOPMENT FACILITY OR LABORATORYA building or groups of buildings in which are located facilities for scientific research, investigation, materials testing, or experimentation, but not facilities for the manufacture or sale of products.
RESERVOIR SPACEAny temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or other required parking spaces.
RESIDENTIAL CONVERSIONThe conversion of the use of a building from nonresidential to residential use or the structural alteration of an existing residential structure to increase or decrease the number of residential units in the structure.
RESIDENTIAL USEIncludes single-family dwellings, two-family dwellings, and multifamily dwellings.
RETAIL STOREAn establishment for the sale of goods, articles or consumer services individually or in small quantities directly to the consumer. Retail store or service shall not be interpreted to include the following: drive-up service, gasoline station, automotive service or repair shop, new or used automotive sales, and trailer or mobile home sales and service.
RIDING STABLEAny establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
RIGHT-OF-WAYThe boundary of a road, street, highway, or expressway owned and maintained by any federal, state, county, or local municipal entity.
ROOFLINEIn the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the lower edge of the eave; or in the case of an extended facade or parapet, the uppermost height of said facade or parapet, provided that the facade or parapet extends around the entire perimeter of the building at the same elevation.
SELF-SERVICE STORAGE FACILITYA building or group of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses and residential users. The facility shall not be staffed to provide assistance with assembling or loading materials. A warehouse operated for a specific commercial or industrial establishment shall not be considered a self-service storage facility.
SEQRANew York State Environmental Quality Review Act.
SERVICE AREAIncludes those parts of any lot, which are used primarily to provide access for servicing the use on the lot, including land used for delivery of goods, storage, and collection of wastes and provisions for maintenance.
SETBACKThe least required horizontal distance between property line, and any structure on the lot measured at the shortest point, including terraces, porches, or any covered projection thereof, but excluding steps.
SETBACK REGULATIONSThe requirement that a building be set back a certain distance from the street or lot line.
SETBACK, FRONTA setback between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of the front setback shall be measured between the front line of the building and the street line.
SETBACK, REARA setback between the rear lot line and rear line of a building extended to the side lot lines of the lot. The depth of the rear setback shall be measured between the rear lot line and the rear line of the building.
SETBACK, SIDEThe setback to any property line other than a street or rear lot line.
SHOPPING CENTERA group of three or more stores, shops or similar businesses offering a variety of goods and services, occupying adjoining structures, whether attached or detached, having a common interrelated parking, loading and site circulation system with consolidated access to public roads. Also known as "malls," "retail centers," and "plazas."
SHORT-TERM RENTALA dwelling unit that is rented, in whole or part, by the owner or occupant of the dwelling to any person or entity for a period of less than 30 consecutive nights.
SIGNA name, identification, description, including non-commercial content, display, illustration, usually including alphabetic or numeric characters, which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land or affixed to the inside or outside of a door or window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN FACEThe surface of the sign upon, against or through which the message of the sign is exhibited.
SIGN HEIGHTThe vertical distance from the uppermost point used in measuring the area of the sign to the ground immediately below such point or to the level of the upper surface of the nearest curb or a street or alley (other than a structurally elevated roadway) whichever measurement permits the greatest elevation of the sign.
SITEA lot or group of contiguous lots not divided by any alley, street, other right-of-way or the Town limit that is proposed for development in accord with the provisions of this Zoning Code and is in a single ownership or has multiple owners, all of whom join in an application for development.
SITE PLANA plan of a lot or subdivision 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 Code Enforcement Officer or the Planning Board.
SITE PLAN REVIEWAuthority delegated to the Planning Board by the Town Board, which enables the Planning Board to approve, approve with conditions or disapprove the site plans for all buildings or uses where site plan review is required.
SOLAR ENERGY SYSTEM, ACCESSORYA solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises for other lawful purposes, with the total surface area of all solar collectors on the lot not to exceed 4,000 square feet.
SOLAR PANELA device or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.
SPECIAL USE or SPECIALLY PERMITTED USEA specifically designed use that would not be appropriate by-right, but which, if controlled as to number, area, location, character, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.
STOP-WORK ORDERA written document issued by an enforcement official, which requires the cessation of an activity, usually construction.
STORYPart of a building which is between one floor level and the next higher floor level or, if there is no floor above it, then the ceiling above it.
STREETA public or private way, which affords the principal means of access to abutting properties.
STREET LINEThe right-of-way line of a street as dedicated by a deed or record. Where the width of the street is not established, the street line shall be considered to be 25 feet from the center of the street. Also referred to as "right-of-way line."
STREET RIGHT-OF-WAYA strip of land used for public or private passageways and designed for the conveyance of persons and/or vehicles from one point to another.
STREETSCAPEThe scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, including but not limited to buildings, mobile homes, towers, flagpoles, swing sets, antennas, satellite dishes, or gas or liquid storage tanks, that are principally above ground.
SUBDIVISIONAn area of land divided by owners or agents, either by lots or by metes and bounds, into lots or parcels two or more in number for the purpose of conveyance, transfer, improvement or sale of one or more.
SWIMMING POOLAny constructed body of water or structure to contain water and any accessory equipment pertaining thereto, designed to be used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Portable wading pools, two feet or deeper, shall be considered "swimming pools."
TELECOMMUNICATIONS FACILITIESTowers and/or antennas and uninhabitable accessory structures used in connection with the provision of cellular telephone service, personal communication services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services (also referred to as "facilities" or "equipment"). Examples of such structures include utility or transmission equipment storage sheds or cabinets. Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as, but not limited to, broadcast, shortwave, citizens band, FM or television signals, or wind-driven devices, such as energy converters and wind speed and/or direction indicators.
TELECOMMUNICATIONS TOWERA structure on which transmitting and/or receiving antenna are located. This includes but is not limited to freestanding towers, guyed towers, monopoles and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but excluding those either for fire, police or other dispatch communications or exclusively for private radio and television reception and private citizens' bands, amateur radio and other similar communications.
TEMPORARY STORAGE UNITA fully enclosable and transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential property.
TENANTAny person who occupies or has a leasehold interest in a rental unit under a lawful agreement, whether oral or written, express or implied.
THRIFT STOREA retail establishment selling secondhand goods donated by members of the public which are displayed and stored within an enclosed building. The establishment shall be operated by a charitable organization which is determined to be tax exempt by the IRS pursuant to Section
501(c)(3) of the Internal Revenue Code.
Soil material which is rich in organic matter and capable of supporting plant life.
TOWN BOARDThe elected legislative body of the Town of Clarkson.
TOWN CODEThe local laws, ordinances, rules, certain resolutions, and regulations of the Town that are collectively known as the "Code of the Town of Clarkson."
TOWNHOMEA one-family dwelling unit which is part of a group of two or more such units separated by a common party wall, having no doors, windows, or other provisions for human passage or visibility.
TRADE SHOPA workshop of any person employed in a skilled trade, in which the items fabricated and created on the premises are also sold from the premises with other retail items. This definition shall include, but shall not be limited to woodworking, carpentry, upholstery, printing and copying, and machine printing.
TRAILERAny vehicle not propelled by its own power drawn on the public highways by a motor vehicle as defined in this section, except motor vehicle side cars, vehicles being towed by a non-rigid support and vehicles designed and primarily used for other purposes and only occasionally drawn by such a motor vehicle.
TRAILER, CAMPINGA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TREELINEThe edge of a habitat or wooded area at which trees are capable of growing.
UNLICENSED VEHICLEAny motor vehicle that is without a current registration of the State of New York or any other state and properly issued and attached license plates of the State of New York or any other state thereto.
USEThe specific purpose for which land, building, or structure is designed, intended, arranged, used or maintained.
USE, CHANGE OFAny change in the type or nature of occupancy of a building or land, except the following:
A. A change in the volume of use without any physical extension of sales and/or service area.
An expansion or substitution of accessory or incidental uses in connection with the established principal use, except that in no case shall such an accessory or incidental use dominate in area or purpose the principal lawful use.
A change to a generically similar use as determined by the CEO.
USE, PERMITTEDAny use specifically allowed in the district, excluding illegal uses and nonconforming uses.
USE, PROHIBITEDA use of a building, structure, lot or part thereof which is not listed as a permitted, specially permitted, or accessory use.
USE, SPECIALLY PERMITTEDA particular land use which may be allowable, but because of its unique characteristics requires individual consideration in each case and may be subject to additional conditions imposed to assure that the proposed use is in harmony with the requirements of this chapter and will not adversely affect the neighborhood or vicinity if such conditions are met. Also referred to as a "specially permitted use."
UTILITIESAll lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.
WAREHOUSEA building, typically enclosed, designed or used for the storage of commodities; Includes warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.
WETLANDSAreas designated as freshwater wetlands by the New York State Department of Environmental Conservation or the Army Corps of Engineers, as prescribed by law.
WINERYAn enclosed building for the manufacture, processing, bottling, and packaging of wine as defined by and duly licensed by the NYS Liquor Authority. For the purposes of this chapter, this shall include operations which include tasting rooms.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONTA yard between the front lot line and the front line of a building extended to the side lot lines of the lot.
YARD, REARA yard between the rear lot line and rear line of a building extended to the side lot lines of the lot.
YARD, SIDEThe area between the side building line and the related side lot line and between the front yard and the rear yard.
ZONING BOARD OF APPEALSThe officially established Zoning Board of Appeals of the Town of Clarkson with the duties and responsibilities identified in this chapter. Also referred to as "Zoning Board" or "Board of Appeals."
ZONING DISTRICTA specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
ZONING PERMITA document signed by the Code Enforcement Officer or designated agent of the Town Board, as required by this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversation or installation of a structure or building.