Town of Chenango, NY General Provisions

Word usage. For the purpose of this chapter, words used in the present tense include the future, and the singular number includes the plural. The word "building" includes the word "structure;" the word "occupied" includes the words "designed or intended to be occupied;" and the word "used" includes the words "arranged, designed or intended to be used."

Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING

A building subordinate or supplemental to the main building, located on the same lot and used for purposes customarily incidental to those of the main building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of a building and located on the same lot.

ADULT ENTERTAINMENT BUSINESS

Includes:

[Added 2-7-1983]

(1)

ADULT BOOKSTOREAn establishment having as a significant portion of its stock-in-trade books, films, materials and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(2)

ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(3)

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(4)

ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

(5)

ADULT SEXUAL PARAPHERNALIA STOREA place of business which, in whole or in part, provides for sale or rent those objects which are intended to be used for erotic or physical stimulation intended to result in sexual arousal.

(6)

SEXUAL CONDUCTIncludes the following:

(a)

The fondling or other touching of human genitals, pubic region, buttocks or female breasts.

(b)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy.

(c)

Masturbation.

(7)

SPECIFIED ANATOMICAL AREASIncludes the following: human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.

(8)

ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers and/or bottomless dancers, strippers, male or female impersonators or similar entertainers or employees appearing in a bottomless and/or topless manner of dress.

[Added 6-4-1990]

(9)

MASSAGE ESTABLISHMENT

[Added 6-4-1990]

(a)

Any establishment having a fixed place of business where any person, firm, association or corporation, engages in, carries on or permits to be engaged in or carried on, any of the activities referred to in the section below.

(b)

The activities referred to herein are any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage.

AGRICULTURE

Includes the cultivation of soil for food products, the raising of other agricultural products and other useful and valuable growths of field relating to timber harvesting and forestry products or gardening, breeding or raising of livestock, fowl or birds for the benefit or gain of the property owner.

[Amended 4-15-1996 by L.L. No. 2-1996[1]]

ALTERATION

As applied to a building or structure, any interior or exterior change or rearrangement in the structural parts or in the exit facilities, or in any enlargement, whether by extending on the front, rear or on a side or by increasing its height, or the moving from one location or position to another, excluding painting, insulating, reroofing and/or re-siding.

AMUSEMENT CENTER

A place which is maintained or operated for the entertainment, patronage or recreation of the public, such as but not limited to theater, dance hall, billiard room, bowling alley, skating rink, miniature golf or a place having coin-controlled amusement devices of any description.

ANIMAL HARBORING

The keeping of more than three licensed dogs; three rabbits; five or more cats; or any horses, cattle, sheep, goats, or other fur-bearing animals; pigs or other customary farm animals; or animals customarily kept in zoos; or the keeping of any animals for sale or hire.

AREA, BUILDING

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

AREA, LAND

The term "land area," when referring to the required area per dwelling unit, means net land area, the area exclusive of streets and other public open space.

AVIATION LANDING FIELD

Any area of land or water or part of any structure designed, set aside and used or to be used in any manner for the taking off or landing of aircraft, regardless of the mode of power such aircraft may use when landing, taking off or flying.

BASEMENT

That space of a building that is partly below the grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BOARDINGHOUSE

A dwelling in which there are less than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals, and in which there are provided such services as are incidental to its use as a temporary residence, and which is a secondary use to the occupancy of the dwelling by a family.

[Amended 7-18-1983]

BUILDING

Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattels, other than a boundary wall, retaining wall or fence.

BUILDING, FRONT LINE OF

That line of a face of the building nearest the front lot line. This face shall not include bay windows, roof, overhangs or projections, covered porches, whether enclosed or unenclosed, or any projections thereof. (See "setback.")

BUILDING, HEIGHT OF

The vertical distance from the mean finished grade to the highest point of the building on any side under consideration.

CELLAR

That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade on the ground adjoining the building.

CENTER, RECREATION

A fully enclosed building used for athletic sports and other recreational activities.

CHURCH

Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.

COMMERCIAL RECREATION FACILITY

Any area of land or water, including any building or group of buildings, open to use for or catering to the general public, where recreational, athletic or amusement facilities are provided, and operated primarily for profit, but not including any outdoor or drive-in theaters or facilities for automobile or animal racing. Also, the term includes amusement centers as defined heretofore.

CONDOMINIUM

An apartment house or houses, the apartments or dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his apartment independent of the owners of the other apartments in the building or buildings.

COVERAGE

That portion of the plot or lot area covered or occupied by buildings.

DWELLING

Any building or structure, or part thereof, used and occupied for human habitation or intended to be so used and includes any appurtenances belonging thereto.

DWELLING, MULTIPLE

A dwelling which is either rented, leased, let out or hired to be occupied or is occupied as temporary or permanent residence or home of three or more families living independently of each other.

[Amended 7-18-1983]

DWELLING, ONE-FAMILY

A detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

ELECTRICAL DISTRIBUTION SUBSTATION

A place with or without a building, where equipment is assembled and designed to receive energy from a high-voltage system so as to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment, designed to protect the surrounding area from potential problems.

FAMILY

One or more persons with whom there may be not more than four boarders, roomers or lodgers, all living together in a common household. Any boarder, roomer or lodger residing within the family household is a person who pays a consideration therefor and such residence is not an incident to employment therein.

FARM

Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes farm structures and the storage of equipment used.

FLOOD

A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

GARAGE SALE

The sale or offering for sale of five or more new, used or secondhand items of personal property at any one residential premises at any one time for a period not to exceed three days in any calendar year.

[Added 11-6-1989]

GROSS FLOOR AREA

The total area of all floors within the exterior walls of a building, excluding cellars, garages, open or screened porches, patios or awning overhangs.

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Such occupation shall include but not be limited to beauty shop, barbershop, woodworking shop, ceramic shop and garage sale, as described and limited by the definition included in this article.

[Amended 7-18-1983; 11-6-1989]

HOTEL

A building providing individual lodging facilities and may include meals, drinks, entertainment, various personal service and parking facilities for the public.

IDLING

A circumstance in which an engine is running but not engaged in gear or in motion.

[Added 6-11-2003 by L.L. No. 1-2003]

JUNK DEALERS or DEALERS IN SECONDHAND GOODS

Persons or person, association, partnership, firm or corporation engaged in or carrying on the business of collecting, buying, selling or otherwise dealing in secondhand or used automobiles, trucks (except as authorized and provided under Local Law No. 3, 1987[2]), furniture, wearing apparel, ropes, bones, bottles, rubber, bags, metal, scrap iron, stoves, furnaces, lumber, plumbing, building supplies, etc.

[Added 11-6-1989]

LOADING SPACE

An area not located on a street or highway, to be used for the loading or unloading of materials to or from a commercial motor vehicle, and having direct usable access to a street or roadway.

LOT

A parcel of land occupied or capable of being occupied by one building or group of buildings, and its accessory buildings, including such open spaces as are required by this chapter.

LOT, CORNER

A lot which abuts upon two or more streets or highways, existing or proposed, which meet or intersect.

LOT LINES

Those lines bounding a lot as defined herein.

MASTER PLAN

A Comprehensive Plan prepared by the Planning Board pursuant to § 272-a of the Town Law which shows general location desirable for the various functional classes of public works, places with structures and other general, physical developments of the Town and includes any unit or part of such plans separately adopted and any amendment to such plan or parts thereof.

MOBILE HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Every mobile home shall have a manufacturer's label which certifies that, to the best of his knowledge and belief, the home is in compliance with all applicable federal construction and safety standards.

[Amended 1-24-1994]

MOBILE HOME LOT

A designated site within a mobile home court for the exclusive use of the occupants of each mobile home.

MOBILE HOME PARK

Any parcel of land which is planned and improved for the placement of two or more mobile homes as defined herein.

MODULAR HOME

A factory-manufactured home incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. Every factory-manufactured home or component shall bear an insignia of approval issued by the State Fire Prevention and Building Code Council.

[Amended 1-24-1994]

MOTEL

A building or group of buildings, detached or in connected units, used as individual lodging facilities, designed primarily for transient travelers and providing off-street parking facilities and may be provided with a restaurant or eating establishment.

MOTOR VEHICLE

Any self-propelled vehicle, including but not limited to a vehicle in, upon or by which any person or property may be transported or moved about, but it shall not include motor-driven wheelchairs or bicycles.

NONCONFORMING BUILDING

A building, structure, mobile home or accessory building lawfully existing on the effective date of this chapter which does not conform to the regulations as set forth herein.

NONCONFORMING USE

A building, structure or use of land existing at the time of enactment of this chapter or subsequent amendments, which does not conform to the regulations of the district or zone in which it is situated.

NONPROFIT ORGANIZATION

An organization of religious, charitable, volunteer, veterans' or similar groups, such as the Boy Scouts and Girl Scouts, civic associations or fire departments, that exist to promote positive community outcomes, and where all proceeds are contributed towards their stated mission.

[Added 6-23-2010 by L.L. No. 2-2010]

PARKING SPACE

An off-street parking area available for parking of one motor vehicle not located on a public street or highway and having necessary egress and ingress to said parking space.

[Amended 7-18-1983]

(1)

OFF-SITE PARKINGNoncontiguous off-street parking on land nearby a given operation, not more than two hundred (200) feet therefrom and on the same side of any given road or highway.

(2)

SHARED PARKINGParking that is contiguous to a given multiple use operation, 25% of the required parking for each use could be on a shared basis.

PARK, PUBLIC

A tract of land used for recreational activities (e.g., play lots, playgrounds, wading and/or swimming pools, etc.); also, area set aside primarily for passive recreation, including open lawn areas with planting, walks, pools, fountains and outdoor sitting and resting areas.

PERSON

Any individual, firm, company, association, society, corporation or group.

[Added 3-12-1997]

PRINCIPAL BUILDING

The main building situated on a lot and in which the principal use is conducted.

PRIVATE RECREATION AREA

An enterprise owned, maintained and operated by a membership club organization catering exclusively to members and their guests, or land and buildings used for recreational, social or athletic purpose, which organization, land or buildings are not conducted primarily for gain, and provided that no merchandising or commercial activities are conducted, except as required generally for the membership of such club.

PROFESSIONAL OFFICE, RESIDENTIAL

The office, within the context of this chapter, shall be limited to the following: accountant, architect, chiropractor, dentist, engineer, insurance broker, lawyer, medical doctor, real estate broker and surveyor. Any professional occupancy conducted entirely within the dwelling, employing the inhabitant and not more than two noninhabitants thereof, which is clearly incidental and secondary to the residential occupancy.

[Amended 7-18-1983]

PUBLIC UTILITY STRUCTURE

A building, structure or lot used for or in connection with the transmission, distribution or regulation of water, sewer, gas, telephone service or other similar services.

QUARRY, SANDPIT, GRAVEL PIT, TOPSOIL STRIPPING

A lot or land or part thereon used for the purpose of excavating stone, sand, gravel or topsoil for sale as an industrial/commercial operation and exclusive of the process of excavation and grading a lot preparatory to the construction of a building for which application for a building permit has been made.

RECREATIONAL VEHICLE

A trailer or a single-axle or multiple-axle, non-self-propelled structure mounted on wheels or otherwise capable of being made mobile for the purpose of travel, recreational and vacation use, including but not limited to travel trailers, mobile homes, tent trailers, boats and boat trailers and horse trailers, and self-propelled motor homes or campers.

[Added 4-15-1996 by L.L. No. 2-1996; amended 5-5-2014 by L.L. No. 3-2014]

RESTAURANT

An establishment for the sale and on-premises consumption of food and beverages, including alcoholic beverages.

RIGHT-OF-WAY (R.O.W.)

The total public strip of land within which there is public control and common right of passage and within which all pavements and utility lines may be located.

ROOMING HOUSE

A dwelling in which lodging facilities for three or more persons are supplied for pay over an extended period of time and which is a secondary use to the occupancy of the dwelling by a family.

[Amended 7-18-1983]

SETBACK

The horizontal distance of a building or of a bearing wall of a story thereof, measured from a particular lot line to that part of the building or of the story, respectively, which is nearest to such lot line.

SHOPPING CENTER or SHOPPING PLAZA

A tract or parcel of land containing two or more stores or shops that provide a variety of goods and services and which are within the same building or in contiguous units or in separate units that are using integrated parking facilities and have a common access to the public way.

[Amended 7-18-1983; 6-11-2003 by L.L. No. 1-2003; 1-4-2012 by L.L. No. 1-2012]

SIGN

A structure or support, or part thereof, or device attached thereto or painted or represented thereon, or any material or thing illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, device, trademark or other representation used as an announcement, designation, direction or display to advertise or promote any person, firm, group, organization, commodity, service, profession or enterprise when said display is placed out-of-doors in view of the general public, including displays by or of political candidates for any office or display by or for political parties.

(1)

ADVERTISING SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the same premises where the sign is located.

(2)

BUSINESS SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where the sign is located.

(3)

DIRECTIONAL OR INFORMATION SIGNA sign which is nonilluminated and may be used for the purpose of stating the name or location of the Town and its public buildings, hospital, community center, church or school, or the name or place of meetings of an official or civic organization (e.g., Lions, Kiwanis). No advertising or business matter shall be contained on signs of this type.

(4)

DISPLAY SIGNA sign, sign screen, billboard, advertising device and every other kind of structure intended or used for advertisement, announcement or direction.

(5)

TEMPORARY SIGNAny outside sign used to convey information, such as but not limited to special events or sales, political campaigns, and sign of similar nature, and which is constructed in such a way as to be portable and made of material completely resistant to the elements.

(6)

FACING or SURFACEThe surface of the sign upon, against or through which the message of the sign is exhibited.

(7)

DOUBLE-FACED OR V-TYPE SIGNAny two-faced sign utilizing both faces or surfaces for display purposes.

(8)

GROUND SIGNAny sign not attached to any building.

(9)

PROJECTING SIGNA sign which is attached to any building or structure and which extends beyond the surface of such wall a distance greater than 12 inches. Projecting sign shall include marquees. (See also "wall sign.")

(10)

ROOF SIGNA sign constructed or supported upon the roof of any building or structure.

(11)

WALL SIGNA sign which is attached to the wall of any building or structure and which does not extend beyond the surface of such wall a distance greater than 12 inches. (See also "projecting sign.")

(12)

CHANGEABLE COPY SIGN (CHANGING SIGN)A sign on which message copy can be changed through the use of manually attachable letters and numerals or by electronic switching of lamps or illuminated tubes. This includes public service information, displays or any sign which features automatic switching.

[Added 11-6-1989]

SITE PLAN

A drawing or series of drawings of a site, tract or plot of land showing the use, location and dimensions of proposed building and open spaces and other technical design details.

STORAGE

The placement of a recreation vehicle(s) within the Town for a cumulative time period exceeding 96 hours in a calendar month.

[Added 4-15-1996 by L.L. No. 2-1996[3]; amended 9-18-2006 by L.L. No. 4-2006]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET LINE

The line of contact between any lot and the right-of-way of any public street, road or highway.

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building.

TEMPORARY STRUCTURES

A nonpermanent structure used for purposes other than residential and includes truck trailers, tents and structures of a similar nature. A time-limited building permit, issued by the Code Enforcement Officer, is required for all temporary structures.

[Amended 9-18-2006 by L.L. No. 4-2006]

TOURIST HOME

A dwelling in which lodging facilities or overnight accommodations are provided to transient guests for compensation and which is a secondary use to the occupancy of the dwelling by a family.[4]

[Amended 7-18-1983]

TRACTOR-TRAILER TRUCK

A truck having a cap and no body used for pulling large vehicles such as vans or trailers.

[Added 6-11-2003 by L.L. No. 1-2003]

TRAILER

Any sized platform structure, with or without walls or guards, having wheels, that is pulled behind by any type of motor vehicle used to transport or haul any material, requiring and/or not requiring New York State registration. This also includes any similar vehicle/trailer types not propelled by their own power drawn on the public highways by a motor vehicle as defined in this section, except motor vehicle side cars and/or vehicles designed and primarily issued for other purposes and only occasionally drawn by such motor vehicle.

[Added 5-5-2014 by L.L. No. 3-2014]

USE

The specific purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.

USE, ACCESSORY

A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot therewith.

UTILITY, PUBLIC

Any person, firm, corporation or municipal agency duly authorized to furnish to the public, under public regulation, electricity, gas, water, steam, telephone, telegraph or cable television service.

YARD, FRONT

An open unoccupied space on the same lot with the principal building between the front line of the building and the front line of the lot and extending the full width of the lot.

YARD, REAR

An open unoccupied space, except for accessory buildings, on the same lot with the principal building, between the rear line of the building and the rear lot line and extending the full width of the lot.

YARD, SIDE

An open unoccupied space on the same lot with the principal building situated between the building and the side lot line and extending from the front yard to the rear yard. Any lot line not a rear or front line shall be deemed a "side lot line." Any yard adjoining a street shall be considered a "front yard" for purposes of this chapter, all corner lots shall have two front yards.

[1]

Editor's Note: This local law also provided that such amendment was set forth in Res. No. 39 of 1991, adopted 3-25-1991.

[2]

Editor's Note: See Ch. 44, Junk, Junkyards and Junk Dealers, Art. III.

[3]

Editor's Note: This local law also provided that such amendment was set forth in Res. No. 39 of 1991, adopted 3-25-1991.

[4]

Editor's Note: The definition of “travel trailer,” which immediately followed this definition, was repealed 4-15-1996 by L.L. No. 2-1996.