As used in this chapter, the following terms
shall have the meanings indicated:
A separate dwelling unit with its own cooking, sanitary and
sleeping facilities and occupied by no more than two persons in a
family, which accessory apartment is a part of, subordinate and incidental
to a single-family detached dwelling located on the same individual
lot, and wherein the principal single-family dwelling is owner-occupied.
[Added 1-7-2020 by L.L. No. 2-2020]
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and is found customarily in
connection with, the principal building, structure or use, and which
is located on the same lot with the principal building, structure
or use. Any accessory building or structure attached to a principal
building or structure is deemed to be part of such principal building
or structure in applying the bulk requirements to such building or
structure. No use shall be considered accessory where such use requires
a greater area of a lot or larger yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.
The use of a building, a portion of a building or land for
any adult use that is not a passive adult use, as defined herein,
including but not limited to an adult entertainment cabaret, adult
motel/hotel, adult theater, massage establishment, peep show or similar
adult use, generally of such nature as to result in customers congregating
in or about the use.
[Added 7-13-1998 by L.L. No. 1-1998]
[Added 7-13-1998 by L.L. No. 1-1998]
The use of any building, structure or land, or portion thereof,
for any purpose involving activities that are not open to the public
generally but exclude, or are required by law to exclude, any minor
by reason of age or which sell products designed or intended for use
by adults, including but not limited to the establishments defined
below:
ADULT BOOKSTORE OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, photographs, slides and/or videotapes, of which establishment a substantial portion is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age. In determining whether a substantial portion of such establishment or stock is devoted to such materials or use, the following factors shall be considered:
The proportion of floor area allocated to such
use that is not available to the general public in comparison to the
floor area that is available to customers without restriction by reason
of age;
The proportion of such materials maintained
in space that is not available to the general public in comparison
to the floor area that is available to customers without restriction
by reason of age; and
The total amount of floor space allocated to
use that is not available to the general public but which is restricted
by reason of age.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents nude or seminude dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.
ADULT MODELING/PHOTOGRAPHY STUDIOA modeling or photography studio which is not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age or which engages in nude or seminude modeling or photography.
ADULT MOTEL/HOTELA motel/hotel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude, or be required by law to exclude, any minor by reason of age.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude, or are required by law to exclude, any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the lawfully established office of a duly licensed health care professional, such as a physician, surgeon, chiropractor, osteopath or physical therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
PEEP SHOWSThe use of a building or a portion of a building to present material in the form of live shows, films or videotapes viewed from an individual room or similar enclosure which is not open to the public generally and which excludes, or is required by law to exclude, any minor by reason of age.
Housing units for which occupants of a household earning
up to 80% of the Town of Blooming Grove median income (as defined
by the latest United States Census Bureau data) would pay less than
30% of total gross income for mortgage and property taxes.
[Added 12-27-2005 by L.L. No. 7-2005]
The growing of field crops, including corn, wheat, oats,
rye, barley, hay, potatoes and dry beans; vegetables, including tomatoes,
snap beans, cabbage, carrots, beets and onions; and horticultural
specialties, ornamental shrubs, trees and flowers and Christmas trees.
[Added 12-13-2017 by L.L.
No. 13-2017]
A use or building where keeping, raising, breeding, boarding
and/or medical care of household pets occurs. For the purpose of this
chapter, any such activity, excluding boarding, shall not be considered
a kennel where accessory to a principal residential use, provided
that not more than five animals exceeding six months of age are kept.
American National Standards Institute.
[Added 10-5-2019 by L.L. No. 7-2019]
The measure of land in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
A building used for the repair of motor vehicles or machinery;
such repair shall be wholly within a completely enclosed building.
An establishment used for the sale of new or used motor vehicles;
no outside storage of motor vehicles shall be permitted in the required
front yard.
A story partly underground but having at least 1/2 of its
height above the average curb level of the street abutting the front
of the lot or above the average finished grade level of the ground
immediately adjacent to the building.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this chapter, batteries utilized in consumer products are excluded
from these requirements.
[Added 10-5-2019 by L.L. No. 7-2019]
An electronic system that protects storage batteries from
operating outside their safe operating parameters and generates an
alarm and trouble signal for off normal conditions.
[Added 10-5-2019 by L.L. No. 7-2019]
(Also referred to as "energy storage system.") A stationary,
rechargeable energy storage system consisting of electrochemical storage
batteries, battery chargers, controls, power conditioning systems
and associated electrical equipment designed to provide electrical
power to a building. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, or similar capabilities. A battery energy storage system
is classified as a Tier 1, Tier 2, or Tier 3 as follows:
[Added 10-5-2019 by L.L. No. 7-2019]
Tier 1 battery energy storage systems include either:
Battery energy storage systems for a single-family detached
dwelling or two-family dwelling located on the same lot as the dwelling
and within or outside the dwelling with an aggregate energy capacity
that shall not exceed:
Other battery energy storage systems on the same lot as the
building or use it serves and within or outside the building with
an aggregate energy capacity less than or equal to the threshold capacity
listed in Table 1 below.
Tier 2 battery energy storage systems include energy storage
systems that are not included in Tier 1, have an aggregate energy
capacity greater than the threshold capacity listed in Table 1, and
have an aggregate energy capacity less than 600 kWh.
|
Table 1: Battery Energy Storage System Tier 2 Threshold Quantities
| |
|---|---|
|
Battery Technology
|
Capacity
|
|
Flow batteries
|
20 kWh
|
|
Lead acid, all types
|
70 kWh
|
|
Lithium, all types
|
20 kWh
|
|
Nickel cadmium (Ni-Cd)
|
70 kWh
|
|
Sodium, all types
|
20 kWh
|
|
Other battery technologies
|
10 kWh
|
[Added 10-5-2019 by L.L. No. 7-2019]
FLOW BATTERYA type of storage battery which includes chemical components dissolved in two different liquids. Ion exchange, which provides the flow of electrical current, occurs through the membrane while both liquids circulate in their own respective space.
LEAD ACID BATTERYA storage battery that is comprised of lead electrodes immersed in sulphuric acid electrolyte.
LITHIUM-ION BATTERYA storage battery with lithium ions serving as the charge carriers of the battery. The electrolyte is a polymer mixture of carbonates with an inorganic salt and can be in a liquid or a gelled polymer form. Lithiated metal oxide is typically a cathode and forms of carbon or graphite typically from the anode.
LITHIUM METAL POLYMER BATTERYA storage battery that is similar to the lithium-ion battery except that it has a lithium metal anode in the place of the traditional carbon or graphite anode.
NICKEL CADMIUM (Ni-Cd) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative contains cadmium and the electrolyte is potassium hydroxide.
PRE-ENGINEERED STATIONARY STORAGE BATTERY SYSTEMAn energy storage system consisting of batteries, a battery management system, components and modules that are produced in a factory, designed to comprise the system when assembled and shipped to the job site for assembly.
PREPACKAGED STATIONARY STORAGE BATTERY SYSTEMAn energy storage system consisting of batteries, a battery management system, components and modules that is factory assembled and shipped as a complete unit for installation at the job site.
SODIUM-BETA STORAGE BATTERYA storage battery is also referred to as Na-beta batteries or NBBs, which uses a solid beta-alumina electrolyte membrane that selectively allows sodium ion transport between a positive electrode such as metal halide and a negative sodium electrode.
An establishment in a private owner-occupied dwelling or
in a building located on the same lot or on an adjacent lot under
the same ownership, which establishment offers guest rooms for occupancy
on a transient basis and meals for guests only in exchange for a fee.
The Zoning Board of Appeals of the Town of Blooming Grove,
New York.
An area of specified dimension extending between the property
line and a required yard which may be required for a conditional or
special permit uses in residential districts. The buffer shall not
be used or otherwise encroached upon by any activities on the lot.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimension of
such buildings as viewed from above, but not including uncovered steps,
courts and terraces.
The percentage of the area of the lot covered by a building
or buildings.[1]
Any piece of land where a person is buried, notwithstanding
that the land or site may not be recognized as a traditional cemetery.
[Added 8-12-2002 by L.L. No. 1-2002]
Establishments that deal in the retail sales of convenience
goods (food, drugs and sundries) and such personal services as laundry
and dry cleaning (pickup and delivery), hair styling and shoe repair.
The maximum permitted aggregate gross floor area on any site shall
not exceed 100,000 square feet. The floor area of any single store
shall not exceed 15,000 square feet, except that food stores or combined
sales stores may not exceed 45,000 square feet. Other commercial uses
of any kind elsewhere specified in this chapter shall not be deemed
a business center development.
That space of a building which is partly or entirely below
grade which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A public, private, religious, historic and/or family cemetery
where (a) deceased person(s) are buried.
[Added 8-12-2002 by L.L. No. 1-2002]
A freestanding building or structure, or groups of freestanding
buildings or structures, by design and construction primarily intended
for conducting organized religious services and associated accessory
uses.
Land, buildings or other facilities operated by a membership
corporation, association or fraternal order, for the purpose of accommodating
recreational, athletic, social, literary or similar activities, where
the members of the membership corporation, association or fraternal
order control the assets and management of the club. A membership
club does not operate primarily for profit, nor regularly render services
to the general public.
Residential development in accordance with Article X of this chapter.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
[Added 10-5-2019 by L.L. No. 7-2019]
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency.
A utility system approved as to design and capacity by the
Town Engineer and Planning Board and which is capable of acceptance
by the Town Board as a community water or sewer district.
One or more buildings and accessory facilities designed,
arranged, intended and used for conferences, meetings and similar
activities. A conference center may be a principal use or an accessory
use to a hotel or similar use otherwise permitted in the zoning district,
provided that the parking and other zoning requirements for both uses
are met. This definition also includes convention spaces designed
typically with large unobstructed floor areas, used by exhibitors
during trade, art, and similar shows and expositions.
[Added 5-10-1999 by L.L.
No.4-1999; amended 12-13-2017 by L.L. No. 13-2017]
A commercial establishment being operated for the sale and
purchase, at retail, of drinks, packaged foods, tobacco and similar
convenience goods, and preparation and sale of cold cuts, cheeses,
sandwiches, and other foods for sale typically at a counter.
[Added 12-13-2017 by L.L.
No. 13-2017]
A facility for the training of executives and technicians
employed in offices, research institutes or research laboratories
permitted in the ORI District.
An open, uncovered and unoccupied space bounded on two or
more sides by the walls of a principal building.
COURT, DEPTH OFThe dimension of a court at right angles to its width.
COURT, HEIGHT OFThe distance from the lowest level the court is required to serve to the top of the highest wall which bounds it.
COURT, INNERA court entirely within the walls of a building.
COURT, OUTERA court extending to a street, front yard or rear yard.
COURT, WIDTHThe horizontal dimension parallel to the principal open side in the case of an outer court; and the least horizontal dimension in the case of an inner court.
For purposes of this chapter, a craft industry is any business
which assembles performing art stages, retail displays, and similar
products.
[Added 12-13-2017 by L.L.
No. 13-2017]
A dwelling unit permitted for a caretaker employed in connection
with an office building and/or research institute or laboratory in
an ORI District.
The conducting of usual farm activities, including the processing
of products which primarily originate from the farm on which such
processing is conducted.
A building within which a battery energy storage system is
located, and which is classified as Group F-1 occupancy as defined
in the International Building Code. It is constructed in accordance
with the Uniform Code, and it complies with the following:
[Added 10-5-2019 by L.L. No. 7-2019]
The primary use of the building is for battery energy storage,
energy generation, and other electrical grid-related operations.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
No other occupancy types are permitted in the building.
Administrative and support personnel are permitted in incidental-use
areas within the buildings that do not contain a battery energy storage
system, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the incidental-use areas
to a public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy systems.
The percentage of the area of a lot covered by buildings,
indoor and outdoor parking areas, accessory structures and any impervious
materials, including natural impervious areas.
A lot or land, or part thereof, used primarily for disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, offal, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof or waste materials
of any kind.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A building containing one dwelling unit only.
A building containing two dwelling units only.
A building or portion thereof providing complete housekeeping,
cooking, sanitary, sleeping and living facilities and quarters for
one family.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
[Added 10-5-2019 by L.L. No. 7-2019]
A tract of land, maintained and operated under common management
and sharing common elements of infrastructure and including indoor
and/or outdoor areas arranged, intended, maintained and operated pursuant
to a common plan for entertainment activities open to the general
public, such as theaters for live stage or music performances, movie
theaters, sports arenas, miniature golf, accessory gift and souvenir
shops and similar uses. Such complex may include more than one structure
or use if common ownership and management is maintained. Motor sports
or activities, adult use, video or pinball arcades or uses primarily
involving coin-operated amusement devices are not permitted in or
as part of an entertainment complex.
[Added 5-10-1999 by L.L. No. 4-1999]
One or more persons living as a single housekeeping unit
and using cooking facilities and certain rooms in common as a nonprofit
household. A "family" shall not include the occupants of a boarding-
or rooming house, a residential club or a hotel.
Domestic animals, i.e., horses, cattle, pigs, sheep, goats,
chickens and ducks, whether housed on the property as an agricultural
use or as pets.
Any establishment whose primary business is the selling of
a food product for off-premises consumption, provided that such establishment
does not have a delivery service, does not have a drive-through for
sales, does not exceed 15,000 square feet in gross floor area and
is not less than 200 feet from the zone district boundary of any residence
district.
A parcel of land:
[Added 12-27-2005 by L.L. No. 7-2005; 10-12-2010 by L.L. No. 1-2010]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A type of rechargeable battery that uses typically large,
separated liquid reservoirs of electrolytes that flow through a reaction
zone to store, charge, and discharge energy. These electrolytes are
typically nonflammable.
[Added 10-5-2019 by L.L. No. 7-2019]
See "street frontage."
The wall of a building which is nearest to and faces the
street on which the lot fronts.
The business establishment of a funeral director and/or undertaker.
An accessory building or part of a main building used only
for the permitted storage of motor vehicles for the owner's private
use.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services. This term does not include
nursing homes, continuing care homes, or similar facilities.
[Added 12-13-2017 by L.L.
No. 13-2017]
A commercial membership facility designed, intended and used
for physical conditioning and/or physical rehabilitation activities.
[Added 5-10-1999 by L.L.
No. 4-1999; amended 12-13-2017 by L.L. No. 13-2017]
An accessory use of a personal service character customarily
conducted entirely within a residence, by the residents thereof, which
use is incidental and secondary to the use of the residence for dwelling
purposes; does not change the character thereof; does not have any
exterior evidence of such accessory use other than a permitted announcement
sign; does not involve the parking, storage or standing of any commercial
vehicles or construction equipment or the outdoor storage of materials;
and which does not involve keeping stock-in-trade or the sale of any
goods or the use of any chemical, mechanical or electrical equipment
which is not a customary household appliance or light office equipment.
Said activity shall not occupy more than 1/2 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling, if so
used. No more than one person other than the residents engaged in
such activity may be employed by them in connection with said activity.
Conducting of a clinic, hospital, barbershop, beauty parlor, photographer's
salon, tea room, tourist home, animal hospital, boarding or breeding
kennel, convalescent home, funeral home, stores of any kind or any
similar use shall not be a home occupation.
The office or studio which is the principal residence of
a physician, dentist, lawyer, architect, artist, engineer, real estate
broker or salesman, insurance broker or agent, accountant or teacher,
as herein restricted, provided that not more than two persons are
employed or engaged who are not members of the family, and that such
office shall be in the main building and shall not occupy more than
the equivalent of 1/2 of the area of one floor of said building. For
the purposes of this definition, a "teacher" shall be restricted to
a person giving individual instruction in academic or scientific subjects
to a single pupil at a time. A home professional office shall not
include the office of any person professionally engaged in the purchase
or sale of economic goods. Dancing instruction, musical instrument
or voice instruction, tea rooms, tourist homes, beauty parlors, barbershops,
hairdressing and manicuring establishments, convalescent homes, mortuary
establishments and stores, trades or business of any kind not herein
excepted shall not be deemed to be home professional offices. The
home professional office of a physician shall not include a biological
or other medical testing laboratory or a dental laboratory, other
than personal, professional use.
A facility or institution engaged principally in providing
services to persons by or under the supervision of a physician, for
the prevention, diagnosis or treatment of human disease, pain, injury,
deformity or physical condition, and does not include an establishment
for permanent occupation by the poor, infirm, incurable and insane.
[Amended 12-13-2017 by L.L. No. 13-2017]
A commercial use which offers transient lodging accommodations
to the general public seven days per week and which contains at least
50 separate sleeping units, none of which units have direct access
to the outside except through a hallway used for both access and for
emergency purposes.
[Amended 5-10-1999 by L.L. No. 4-1999; 7-16-2019 by L.L. No. 3-2019]
Any room or combination of rooms comprising a single suite
that is made available for transient lodgers.
[Added 12-27-2005 by L.L. No. 7-2005]
Animals that are customarily kept for personal enjoyment
or use within the home. Household pets shall include, but not be limited
to, domestic dogs, domestic cats, domestic tropical birds and rodents.
International Fire Code.
[Added 10-5-2019 by L.L. No. 7-2019]
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir,
groundwater resources and noise.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material; or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale.
Any off-street space available for the loading or unloading
of goods.
A parcel of land used or designed to be used by one use or
structure, or by a related group of uses or structures, and the accessory
uses or structures customarily incident thereof, including such open
spaces as are arranged or designed and required in connection with
such structure or group of structures. A lot may be or may not be
the land shown as a single lot on a duly recorded plat or other official
record.
The total horizontal area included within the lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
A lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear line, nor
a front lot line, shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
The lot line opposite to the front lot line.
A lot extending from one street to another.
The distance between side lot lines taken at the minimum
front yard setback and measured by the straight line distance between
side lot lines.
A studio for the photographing, filming or videotaping for
the purpose of radio or television broadcast or reporting, or the
recording of music. Nothing herein shall permit adult uses as part
of a media studio.
[Added 12-13-2017 by L.L.
No. 13-2017]
See "club, membership."
A small brewery that produces beer and ale for sale on and/or
off site. For the purposes of this chapter, a microbrewery is limited
to a production of no more than 10,000 barrels per year, and required
to be licensed as a microbrewery by the New York State Liquor Authority.
A microbrewery may be operated in association with a restaurant.
[Added 12-13-2017 by L.L.
No. 13-2017]
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor fuels and which
may include the sale of motor vehicle accessories and facilities for
lubricating, washing or otherwise servicing motor vehicles, but not
including body work or painting by any means. Repair work shall be
permitted on premises only within a totally enclosed soundproof building.
Sale of other retail products from the premises shall not be deemed
to affect use of the facility as a motor vehicle service station,
so long as gasoline continues to be sold on the premises.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
[Added 10-5-2019 by L.L. No. 7-2019]
National Electric Code.
[Added 10-5-2019 by L.L. No. 7-2019]
National Fire Protection Association.
[Added 10-5-2019 by L.L. No. 7-2019]
A structure or building the size, dimension or locations
of which was lawful prior to the adoption, revision or amendment to
a zoning law, but which fails by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning
district.
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter or
of any amendments thereto affecting such use, which does not conform
to the use requirements of this chapter, as may be amended, for the
district in which it is located.
A building that contains a battery energy storage system
and does not comply with the dedicated-use building requirements,
including all other occupancy types such as, but not limited to, commercial,
industrial, office, and multifamily housing.
[Added 10-5-2019 by L.L. No. 7-2019]
Any property that is not a participating property.
[Added 10-5-2019 by L.L. No. 7-2019]
A private establishment enrolling more than four children
between two and five years of age, where tuition fees or other forms
of compensation for the care of children is charged, and which is
licensed or approved to operate as a child-care center.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
[Added 10-5-2019 by L.L. No. 7-2019]
That percentage of the land area not covered by the combined
area of all buildings, structures and paved areas on all or that portion
of the lot within the same zoning district as the main building.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
Lot or part thereof used for the storage of motor vehicles
which contains space rented to the general public by the hour, day,
week, month or year.
An off-street area suitable for parking one automobile, which,
in addition, contains sufficient other areas for ingress, egress and
maneuvering.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the property owner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
[Added 10-5-2019 by L.L. No. 7-2019]
The use of a building, a portion of a building or land for
the sale or rental for use off site of books, films, videotapes or
other materials, including products designed or intended for use by
adults, displayed in an area that is not open to the public generally
and/or from which area the owner or operator of the use excludes,
or is required by law to exclude, any minor by reason of age.
[Added 7-13-1998 by L.L. No. 1-1998]
Commercial or business services provided to individuals or
to other businesses to include the cleaning of clothes; repair of
shoes or other personal effects; hair grooming; physical therapy and
health aid; and printing, copying, design, typing and computer services
to include studios for the production of arts and crafts. Such definition
shall exclude automotive services, retail and general business and
industrial uses.
The Planning Board of the Town of Blooming Grove, New York.
The primary or predominant use for which a lot or building
is used.
A facility associated with a bus transportation system, with
or without a shelter, intended for the pickup and discharge of passengers.
Buildings, structures and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves and all building and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer and public transit, to the
public.
Golf courses, indoor cinemas, indoor health and exercise
facilities, tennis courts (indoor and outdoor) indoor swimming pools,
racquet ball and squash courts, excluding facilities intended primarily
for spectator activities, such as stadia and arenas, shooting ranges
and amusement parks, automotive tracks and other similar uses or structures
maintained for the amusement, patronage or recreation of the public.
A motor-driven recreational vehicle or vehicular chassis
or structure designed to be hauled by another vehicle and to carry
any structure, object, material, person, animal or thing.
The principal or accessory use of a parcel of land for the raising and training of horses for personal purposes subject to § 235-43, or for the purpose of producing agricultural, vegetable and fruit products of the soil, livestock, poultry, eggs, dairy products, nuts and honey, but not to include: the breeding, raising or maintaining of fur-bearing animals, pigs, goats, less than 12 head of poultry and animal kennels. A garden accessory to a residential use shall not be deemed a farm use. A farm use shall not include the processing of farm products.
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises,
with takeout food as a permitted accessory use, excluding fast food.
Any commercial service establishment whose primary purpose
is to sell or offer for sale to consumers, but not for resale, any
goods, wares, and merchandise. A "retail use" shall include retail
food stores but shall not include convenience stores or restaurants
as defined herein.
[Added 7-16-2019 by L.L. No. 3-2019]
That area shown on the Town's Zoning Map as the Ridgeline
Area Overlay.
[Added 12-27-2005 by L.L. No. 7-2005]
Any establishment where horses are kept for riding, driving, stabling or breeding for compensation or incidental to the operation of any club, association, ranch or similar establishment, subject to the provisions of § 235-42.
A temporary structure constructed for the seasonal sale of
fruits, vegetables and other agricultural produce items. Roadside
stands shall not include mobile refreshment stands or stands erected
for the sale of retail goods.
A lot of land or part thereof used for the purpose of extracting
stone, sand, gravel, topsoil or any natural material for sale, as
an industrial operation, and exclusive of the process of grading a
lot preparatory to the construction of a building for which application
for a building permit has been made to the Building Inspector.
A kindergarten, primary or secondary school, junior college,
college or university, not operated by a public school district but
furnishing a comprehensive curriculum of academic instruction similar
to that of a public school, licensed by the State of New York Education
Department.
Any educational institution operated by a public school district
under the laws of the State of New York, or any junior college, college
or university operated under or by any municipal or quasi-municipal
subdivision or agency.
A building or group of buildings divided into separate units
or compartments used to meet the temporary indoor storage needs of
businesses and residential users.
[Added 12-13-2017 by L.L.
No. 13-2017]
The use of a parcel of land for certain uses determined to
be by their nature particularly susceptible to the secondary impacts
of adult uses, such as existing residences; a public or private school;
a church or other place of religious worship; a cultural, civic or
historic use open to the general public; a day-care use; or a park,
playground or recreational facility open to the general public.
[Added 7-13-1998 by L.L. No. 1-1998]
The term "sign" shall include every billboard, illustration,
insignia, lettering, picture, display, banner, pennant, flag or other
device, however made, displayed, painted, supported, attached, intended
for use for the purpose of advertisement, identification, publicity
or notice, when located out-of-doors and visible from any street or
from any lot other than the lot on which the sign is located. The
term "sign" shall not include any flag, pennant or insignia of any
governmental unit or nonprofit, civic, political, philanthropic or
educational organization.
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.
Where a sign consists of a single board or face with the
information on one or both sides, the area which results by measuring
the outside dimensions of such sign, and not including the vertical,
horizontal or diagonal supports which may affix the sign to the ground
or to a structure. Where the sign consists of individual letters or
symbols attached to or painted on a building, the area shall be considered
to be that of the smallest basic geometric shape (rectangle, circle
or triangle) which encompasses all of the letters or symbols of the
sign.
A group of electrochemical cells interconnected to supply
a nominal voltage of DC power to a suitably connected electrical load,
designed for service in a permanent location.
[Added 10-5-2019 by L.L. No. 7-2019]
Areas with an average slope equal to or greater than 25%
with a minimum area of 2,000 square feet and a minimum width perpendicular
to the contour of 10 feet.
[Added 12-27-2005 by L.L. No. 7-2005; amended 7-9-2007 by L.L. No. 4-2007]
A street which is one of the following: an existing Town,
County or state highway or street; a street shown on an approved subdivision
final plat; a street shown on a map filed with the County Clerk (in
accordance with section prior to Planning Board authorization to review
subdivisions); or a street shown on the Official Map.
The length of the street line.
The dividing line between a street and a lot.
Anything or any combination of materials constructed, assembled
or erected on, above or below the ground or attached to something
having location on, above or below the ground, including, but not
limited to, buildings, fences, tanks, towers, flag poles, dish antennas
and solar energy collectors and swimming pools.
A constructed body of water or structure to contain water,
and any accessory equipment pertaining thereto, used or intended to
be used for swimming or bathing by a family or persons residing on
the premises and their guests. Such noncommercial swimming pool shall
not be operated for gain and shall be located on a lot only as an
accessory use to the dwelling or dwellings, hotel, motel or membership
club.
A building housing a telephone communication center controlling
the distribution of a telephone communication network.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
[Added 10-5-2019 by L.L. No. 7-2019]
The specific purpose for which land, water or a building
or structure is designed, arranged or intended or for which it is
or may be occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any nonconforming use.
Those normal and customary services to a building or group
of buildings within a corporate park or subdivision to provide heat,
electric, power, water, sanitary waste disposal and/or fire protection.
Any person, firm, corporation or municipal agency duly authorized
to furnish to the public, under public regulation, electricity, gas,
water, sewerage treatment, steam, cable TV, telephone or telegraph.
A modification of the regulations of this chapter granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of § 235-89C.
A building, a part of a building or a group of buildings
used by a business or similar commercial enterprise for the storage
and/or distribution of goods and merchandise manufactured, used or
sold by the enterprise, and which is not open to the public. A warehouse
may be an accessory use to the principal enterprise use, and may include
accessory office or garage areas, but shall not include vehicle maintenance
or repair facilities not otherwise allowed in the district. "Warehouse"
shall not be construed to mean a self-storage center or similar use
allowing access to the general public.
[Added 5-10-1999 by L.L. No. 4-1999]
A visible path through which surface water travels on a regular
basis, including an intermittent stream. A drainage ditch, swale,
or surface feature that contains water only during and immediately
after a rainstorm or a snowmelt shall not be considered to be a watercourse.
[Added 12-27-2005 by L.L. No. 7-2005]
Any area, regardless of size, that meets the definition for
wetlands according to the Federal Clean Water Act and regulations
and using the methodology contained in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands (1989) (also known as the
"Federal Interagency Wetland Delineation Manual of 1989") as revised
from time to time.
[Amended 12-27-2005 by L.L. No. 7-2005]
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional users; to other wholesalers; or acting as agents or
brokers and buying merchandise for, or selling merchandise to, such
individuals or companies.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
rear lot line of the lot and extending from side lot line to side
lot line.
An open unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or any
accessory building and the side lot line of the lot and extending
through from the front lot line, where no front yard exists, to the
rear yard.
This Chapter 235 of the Code of the Town of Blooming Grove.
[1]
Editor's Note: The former definition of "bulk," which immediately
followed this definition, was repealed 10-12-2010 by L.L. No. 1-2010.
