A.
Usage. Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings.
(1)
Words used in the present tense shall include the
future.
(2)
Words used in the singular number include the plural,
and words used in the plural number include the singular, unless the
context clearly indicates the contrary.
(3)
The word "shall" is always mandatory. The word "may"
is permissive.
(4)
"Building" or "structure" includes any part thereof.
(5)
The word "lot" includes the word "plot" or "parcel."
(6)
The word "person" includes an individual person, a
firm, a corporation, a copartnership and any other agency of voluntary
action.
(7)
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
B.
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
AREA, BUILDING
ATTIC
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT/INN
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING GROUP
BUILDING LINE
BUILDING, MAIN
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
BULK
BUNGALOW COLONY
CAMP
CELLAR
CLUB MEMBERSHIP
COMMERCIAL COMMUNICATIONS TOWER
COMMERCIAL VEHICLE
COMMUNITY POLE
COMMUNITY SEWAGE DISPOSAL SYSTEM
COMMUNITY WATER SYSTEM
CONTRACTOR'S YARD
COVERAGE
CUSTOMARY HOME OCCUPATION
DEVELOPMENT
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DRIVE-IN MOVIE
DUMP
DWELLING
DWELLING GROUP
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FINISHED GRADE
FLOOR AREA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
GASOLINE FILLING STATION
HEIGHT OF BUILDING
HIGH TENSION LINE
HOME OCCUPATION
HOSPITAL
HOTEL
JUNKYARD
KENNEL
LOT
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT LINES
LOT, THROUGH
LOT WIDTH
MOBILE HOME (also "house trailers")
(1)
(a)
(b)
(c)
(2)
MOBILE HOME PARK
MODULAR HOME
MOTEL
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION
NATURAL GAS AND/OR PETROLEUM EXPLORATION PRODUCTION MATERIALS
NATURAL GAS AND/OR PETROLEUM EXTRACTION
NATURAL GAS AND/OR PETROLEUM EXTRACTION SUPPORT ACTIVITIES
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTES
NONCONFORMING BULK
NONCONFORMING USE
NURSERY SCHOOL
NURSING OR CONVALESCENT HOME
PETROLEUM
PETROLEUM PRODUCTS
POSTER
PREMISES
RECREATIONAL VEHICLE
RESIDENCES, RESIDENTIAL — A building or any
part of a building which contains living and sleeping accommodations
for permanent occupancy. "Residences," therefore, includes all one-family,
multifamily, boarding, fraternity and sorority houses. However, "residences"
shall not include the following:
RESORT HOTEL, RESORT RANCH or RESORT LODGE
RESTAURANT, FAST-FOOD
RIDING ACADEMY
RIGHT-OF-WAY
ROADSTAND
SETBACK
SIGN
SIGN, ADVERTISING
SIGN AREA
SIGN, BUSINESS
SIGN, DIRECTLY ILLUMINATED
SIGN, FLASHING
SIGN, ILLUMINATED
SIGN, INDIRECTLY ILLUMINATED
SIGN, REPRESENTATIONAL
SINGLE OWNERSHIP
STORY
STORY, HALF
STREET
STREET WIDTH
STRUCTURE
TRAILER, HOUSE
USE
VARIANCE, AREA
VARIANCE, USE
VEHICLE, ABANDONED
WAY
YARD, FRONT
YARD, REAR
YARD REQUIRED
YARD, SIDE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
As applied to a building or structure, a change or rearrangement
in the structural parts of existing facilities of such building or
structure, or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location to another.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terrace and uncovered steps.
That space of a building which is immediately below and wholly
or partly within the roof framing. An attic with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
A story partly below finished grade but having at least 1/2
of its height measured from floor to ceiling, but not less than four
feet, above average finished grade. A basement shall be counted as
one story in determining the height of a building in stories.
A lodging establishment that provides transient housing accommodations
(less than one week's stay in duration) for not more than 12 persons,
which provides food and/or drink only to persons occupying the transient
quarters.
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which such sign is situated.
A private dwelling in which at least three but not more than
six rooms are offered for rent, for periods of greater than one week
in duration, and in which table board is furnished only to renters,
and in which no other transients are accommodated. A "rooming house"
or a "furnished room house" shall be deemed to be a boardinghouse.
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
See "accessory building."
A building surrounded by open space on the same lot.
A group of two or more principal buildings and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
A building in which is conducted the principal use of the
lot on which it is located.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
Describes the size, volume, area and shape of buildings and
structures and the physical relationship of their exterior walls or
their location to lot lines, other buildings and structures or other
walls of the same building, and all open spaces required in connection
with a building, other structure or tract of land.
A group of two or more dwelling structures on a single premises
designed for seasonal occupancy and not more than one of which is
used for the purpose of all-year-round residence, which premises does
not contain a public lobby or dining rooms serving guests. The term
"bungalow colony" includes cottage or cabin colonies or development
but does not include a trailer park, trailer camp, boardinghouse,
hotel or motel.
Any parcel of land on which are located two or more tents,
shelters or other accommodations of a design or character suitable
for seasonable or other more or less temporary living purposes, including
resort and day camp, but not including a trailer park, boardinghouse,
hotel, motel or bungalow colony.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. A cellar shall not be counted
in determining the permissible number of stories.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, providing there are not
conducted any vending stands or merchandising or commercial activities,
except as required generally for the membership and purposes of such
club.
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone or
microwave communications, but excluding those used either for fire,
police and other dispatch communications, or exclusively for private
radio and television reception and private citizen's bands, amateur
radio and other similar communications.
A vehicle or more than one-ton capacity used for the transportation
of persons or goods primarily for gain or a vehicle of any capacity
carrying a permanently affixed sign exceeding one square foot in area
or lettering of a commercial nature.
A sign owned and maintained by the Town Board, or by a group
of businessmen as approved by the Town Board, which sign contains
several directional signs for the purpose of directing persons to
business and community establishments within the community.
A means utilized for the treatment, collection and disposal
of sewage, or other wastes of a liquid nature, including the various
devices for the treatment of such wastes that serve five or more dwellings
units, whether owned by the Town of Rosendale or a private utility.
A public water system, as defined by Part 5 of the New York
State Sanitary Code, which serves at least five service connections
used by year-round residents or regularly serves at least 25 year-round
residents, whether owned by the Town of Rosendale or a private utility.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a construction contractor.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
Any use customarily conducted entirely within a dwelling
and carried on solely by the inhabitants thereof, which use is clearly
secondary to the use of the dwelling for dwelling purposes and does
not change the character. "Customary home occupation" shall include
professional practice by, but not limited to, a doctor, lawyer, architect
or engineer.
The utilization of a lot or tract of land for two or more
uses.
In the following list, each district shall be deemed to be
more restricted than the districts which follow it: A-1, R-1, R-2,
R-2a, R-3, A, B-1, B-2, I-1.
An open lot or part thereof with appurtenant facilities devoted
primarily to the showing of moving pictures, on a paid admission basis,
to patrons seated in automobiles or on outdoor seats.
A lot or land used primarily for the disposal, by abandonment,
burial, burning or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
A building designed or used principally as the living quarters
for one or more families. The term "dwelling," "one-family dwelling,"
"two-family dwelling," "multifamily dwelling," "multiple dwelling"
or "dwelling group" shall not be deemed to include motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
See "residence."
A group of two or more dwellings occupying a lot in one ownership.
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
A building containing one dwelling unit only.
A building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
Consists of one person or two or more persons related by
blood, marriage or adoption, or not more than five persons not necessarily
related by blood, marriage or adoption, and, in addition, any domestic
servants who live together in a single dwelling unit and maintain
a common household.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing height of building and other structures or for
other purposes, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating two buildings.
In particular, the floor area of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory
off-street parking.
However, the floor area of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purposes of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads; accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Uncovered steps; exterior fire escapes.
Terraces, breezeways, open porches, outside
balconies and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
An area of land, including all structures thereon, or any
building or part thereof that is used primarily for the sale and direct
delivery to the motor vehicle of gasoline or any other motor vehicle
fuel or oil and other lubricating substances, including any sale of
motor vehicle accessories, and which may or may not include facilities
for lubricating, washing which does not require mechanical equipment,
or otherwise servicing motor vehicles, but not including auto body
work, welding or painting.
The vertical distance measured from the average finished
grade along the wall of the building, or adjacent to the side of the
structure, to the highest point of such building or structure.
Any electric line operating at voltage in excess of 69 kilovolts.
An activity carried out for gain by a resident in his or
her dwelling which is clearly incidental and secondary to the primary
use of the dwelling for residential purposes.
A building containing beds for four or more patients and
used for the diagnosis, treatment or other care of ailments; shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, which has a common
exterior entrance or entrances and which may contain one or more dining
rooms.
A parcel or area of land, with or without buildings, used
for or occupied by the storage, keeping or abandonment of junk, including
scrap metals or other scrap or used or salvaged building materials
or for the dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereof. The deposit on a lot
of two or more abandoned vehicles, as defined in these regulations,
shall be deemed to make the lot a junkyard. Any area of a lot on which
is found the materials described above shall be deemed to be a junkyard,
notwithstanding the fact that the professed use of the land is as
something other than as a junkyard. However, the term "junkyard" shall
not apply to parcels or portions thereof that are primarily used and
utilized principally for the production of agricultural products.
Any place at which there are kept any number of dogs for
the primary purpose of sale or for boarding, care or breeding for
which a fee is charged or paid.
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same.
A lot situated at the junction and adjacent to two or more
intersecting streets, when the interior angle of intersection does
not exceed 135º.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with a street line.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines, or the width of a lot measured along the rear
line of the required front yard.
A portable, factory-made dwelling unit, built
on its own chassis, designed to be transported on its own wheels or
those of another vehicle, normally equipped with factory installed
appliances and furniture, and intended, when connected to all required
utility systems, to be suitable for year-round occupancy. For purposes
of these regulations, mobile homes are divided into the following
three types:
TYPE 2New (unused) mobile homes which do not meet the criteria for Type 1 mobile homes, or used mobile homes determined, upon inspection by the Building Inspector, to comply with the Town of Rosendale Building Construction Code and Fire Prevention Code.
TYPE 3Mobile homes which do not meet the standards for Type 1 or Type 2 mobile homes but which were permanently and legally established on a premises prior to August 10, 1983.
The term "mobile home" shall not be construed
to include a modular home or a recreational vehicle.
A parcel of land under single or common ownership and management
on which two or more mobile homes are occupied or intended to be occupied
as residences (also "trailer park or camp").
A dwelling unit consisting of two or more major segments
constructed off-site, which complies with the Town of Rosendale Building
Construction and Fire Prevention Codes, and designed to be transported
to a site for permanent assembly and anchoring to a permanent foundation
and to become a fixed part of the real estate.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use principally to motor vehicle travelers. The term "motel"
includes, but is not limited to, every type of similar establishment
known variously as an auto court, motor hotel, motor court, motor
inn, motor lodge, tourist court, tourist cabin or roadside hotel.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or components or vapors occurring in or derived from petroleum
or other hydrocarbons.
[Added 12-12-2012 by L.L.
No. 3-2012]
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
[Added 12-12-2012 by L.L.
No. 3-2012]
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
[Added 12-12-2012 by L.L.
No. 3-2012]
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
[Added 12-12-2012 by L.L.
No. 3-2012]
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
[Added 12-12-2012 by L.L.
No. 3-2012]
Any garbage, refuse, cuttings, sludge, flow-back fluids,
produced waters or other discarded materials, including solid, liquid,
semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or
petroleum.
[Added 12-12-2012 by L.L.
No. 3-2012]
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for the district in which
such use is located, either at the effective date of this chapter
or as result of subsequent amendment thereto.
Any place, however designated, operated for the purpose of
providing daytime care or instruction for two or more children from
two to five years of age, inclusive, and operated on a regular basis,
including kindergartens, day nurseries and day-care centers.
A building with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
A thick flammable, yellow-to-black mixture of gaseous, liquid,
and solid hydrocarbons that occurs naturally beneath the earth's surface.
[Added 12-12-2012 by L.L.
No. 3-2012]
Materials created from the separation of petroleum including
but not necessarily limited to natural gas, gasoline, naphtha, kerosene,
fuel and lubricating oils, paraffin wax, and asphalt and is used as
raw material for a wide variety of derivative products.
[Added 12-12-2012 by L.L.
No. 3-2012]
A temporary, nonpermanent device which announces, directs
or advertises any political, educational, charitable, philanthropic,
civic, professional, religious or similar organization, campaign,
show, drive, movement or event.
A lot, together with all the buildings and uses thereon.
A vehicular, portable structure without a permanent foundation
or supports, which can be towed, hauled or driven, which is not designed
for permanent connection to utility systems, and is primarily designed
for use as temporary living accommodations for recreational, camping
or travel purposes. Such vehicles include but are not limited to travel
trailers, truck campers, camping trailers and self-propelled motor
homes.
An area of land on which is located a hotel or group of buildings
containing living and sleeping accommodations hired out for compensation,
which hotel, ranch or lodge has a public lobby serving guests and
contains one or more dining rooms and recreation facilities.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
including disposable containers and utensils, all or a significant
portion of the consumption can or does take place outside the confines
of the building, often in a motor vehicle on the site.
Any establishment where horses are kept for riding, driving
or stabling, for compensation.
The property of a circulatory facilities. See "street width."
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public.
The distance in feet from the street line to the principal
building on a lot.
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking or representation used as in the nature
of an announcement, direction or advertisement. A "sign" includes
a billboard, neon tube, fluorescent tube or other artificial light
or string of lights, outlining or hung upon any part of a building
or lot for the purposes mentioned above, but does not include the
flag or insignia of any nation or of any governmental agency or of
any political, educational, charitable, philanthropic, civic, professional,
religious or similar organization, campaign, drive, movement or event
which is temporary in nature.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises if at all.
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be counted in computing the area. Any
neon tube, string of lights or similar device shall be deemed to have
minimum dimensions of one foot.
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" sign or a "to let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material, electricity or radio activated or gaseous
material or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign designed to give forth any artificial light, or designed
to reflect such light deriving from any source which is intended to
cause such light or reflection.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
Any three-dimensional sign which is built so as to physically
represent the object advertised.
Possession of land under single, unified control, whether
by sole, joint, common or other ownership or by a lease having a term
of not less than 30 years, regardless of any division of such land
into parcels for the purpose of financing.
That part of a building comprised between a floor and the
floor or roof next above it. See "attic," "basement" and "cellar."
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
An existing public way or private way which affords principal
means of access to abutting properties and is suitably improved, or
a proposed way shown on a plat approved by the Town Planning Board
and/or recorded in the office of the County Clerk.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water, including but not limited to the following:
buildings, sheds, display stands, storage bins, signs, platforms,
gasoline pumps, mobile homes, antennas or other transmitting or receiving
devices, etc.
See "house trailer."
Employed in referring to:
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 this chapter.
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.
Any motor vehicle, as defined by New York State Vehicle and
Traffic Law, which does not have either a valid inspection sticker,
valid registration or valid license, or which is in an otherwise physically
inoperable condition, and which is furthermore stored, parked, deposited
or otherwise located, in whole or in part, on any lot for a period
of six months, or on any public street or on the property of another
landowner if left without the permission of the landowner, pursuant
to § 1224 of Now York State Vehicle and Traffic Law.
A thoroughfare, however designed, permanently established
for passage of persons or vehicles.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest point of the building.
A yard extending across the full width of the lot and lying
between the rear lot line of the lot and the nearest point of the
building.
That portion of the open area of a lot, extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulations of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
A yard situated between the building and the side line of
a lot and extending from the front yard rear line, or from the front
line if there is no required front yard, to the rear yard front line,
or rear lot line.
