Town of Neversink, NY
Sullivan County
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Table of Contents
Table of Contents
Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; and the word "shall" is mandatory and not optional. The listing of a definition should in no way imply that such uses described are necessarily permitted unless specifically permitted elsewhere in this chapter.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
ACCESSORY BUILDING OR USE
A building or use customarily incidental and subordinate to the principal building or use of the land and located on the same lot with such principal building or use.
AUTOMOTIVE REPAIR
General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, such as collision service, body repair and frame straightening; painting and upholstering; vehicle pressure cleaning; and under-coating.
AUTOMOTIVE SERVICE OR GASOLINE STATION
Any building or land area, used for the retail dispensing or sale of automobile fuels, which activity may be accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies or minor repairing of automobiles.
BED-AND-BREAKFAST ESTABLISHMENT
An establishment providing no more than five rooms of transient housing accommodation [less than one week in length], which may provide food or drink only to persons occupying the transient quarters.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, occupancy, housing or enclosure of persons, animals and chattel.
BUILDING AREA
The total ground floor area of a building, exclusive of uncovered decks, porches, steps and terraces.
BUILDING HEIGHT
Vertical distance measured from the average level of all finished grades to the ridge line or highest point of the roof of the structure.
BUILDING PRINCIPAL
A structure in which the principal use of the site on which it is situated is conducted.
BUILDING SETBACK LINE
A line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the zoning district in which the lot is located.
CAMPGROUND AND RECREATIONAL VEHICLE PARKS
A lot on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation, education or vacation purposes.
CODE ENFORCEMENT OFFICER
The individual appointed by the Town Board who is charged with the duty to enforce the provisions of this chapter and the Uniform Code.
COMMERCIAL RECREATION FACILITY, INDOOR
Facilities providing indoor recreation, amusement or sport such as, but not limited to, fitness centers, bowling alleys, roller-skating rinks or indoor tennis courts.
COMMERCIAL RECREATION FACILITY, OUTDOOR
Buildings or grounds used for recreation, amusement or sports such as, but not limited to, ski areas, golf courses, baseball and softball fields, tennis courts and ice-skating rinks.
COVERAGE
The portion of a lot covered by buildings and structures.
DAY-CARE FACILITY
A structure licensed by the State of New York which receives for care and supervision more than 10 children for more than three hours but less than 24 hours per day per child unattended by his/her parents or legal guardian.
DWELLING - TWO FAMILY
A building containing the dwelling units which either share a common wall or are separated by a breezeway, garage or carport, in which event the exterior walls of the dwelling units shall not be separated by more than 26 feet.
[Added 6-10-2015 by L.L. No. 2-2015]
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A convalescent home, dormitory, fraternity or sorority house, hotel, inn, nursing home, recreational vehicle or other similar structures or vehicle shall not be deemed to constitute a "dwelling unit."
FARM STAND
An establishment, usually a booth or stall, which is accessory to a farm, primarily engaged in the retail sale of produce and farm products to the general public.
FINISHED GRADE
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 horizontal, the "finished grade," in computing height of buildings and other structures or for other purposes, shall be the average elevation of all finished elevations around the periphery of the building.
GEOTHERMAL HEAT EXCHANGE SYSTEM
Equipment that transfers thermal energy to and/or from the ground for the purposes of heating and/or cooling a building. A geothermal energy system consists of a closed-loop system of pipes filled with liquid, a heat exchanger and heat pump.
[Added 3-24-2010 by L.L. No. 1-2010]
HEALTH SPA
A year-round place of business with equipment, facilities or classes for exercising and improving physical wellness or fitness, includes a building or buildings where guests may pay for short-term (less than 30 days) overnight lodging, meals, and other related services, purchase heath related supplies, food and exercise or relaxation apparel.
[Added 5-14-2014 by L.L. No. 1-2014]
HIGH-DENSITY POULTRY OPERATIONS
Poultry operations involving either keeping more than 50,000 birds on a lot or keeping of fowl in cages or areas with grates, open floors or liquid manure systems.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling or its accessory buildings which use is clearly incidental to the use of the dwelling as a place of residence and not more than 1,000 square feet of all buildings or structures on the lot is used in conduct of the home occupation.
HUNTING OR FISHING CAMP
An area of land and buildings used as temporary living quarters for recreation, education or vacation purposes where there is no permanent occupancy, other than that of a caretaker.
JUNKYARD
A parcel of land or part thereof, with or without buildings, used for or occupied by the storage, keeping or abandonment of junk or waste material, including scrap metals, used or salvaged building materials or the dismantling, demolition or abandonment of vehicles, equipment, appliances or machinery or parts thereof for a period of 30 days or more.
KENNEL
An establishment in which more than six dogs or other household pets more than one-year old are housed, groomed, bred, boarded, trained or sold.
LARGE SOLAR ENERGY SYSTEM
Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. For the purposes of this chapter, a large solar energy system shall have a surface area of greater than 4,000 square feet.
[Added 3-24-2010 by L.L. No. 1-2010]
LIGHT INDUSTRY
The processing, fabrication, converting, altering, assembling, storage or other handling of materials, goods or equipment, including storage facilities and warehouses for contractors and tradesmen.
LOT
A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed, occupied or built upon as a unit.
LOT AREA
The total horizontal area of land contained within the limits of the property lines bounding that lot, not including any portion of a lot included in a street, easement for a right-of-way or a utility easement.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets or rights-of-way or upon two parts of the same street forming an interior angle at the corner of intersection of less than 135°.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT FRONTAGE
That portion of the lot abutting a street or right-of-way line.
LOT, IRREGULAR
A lot for which front, side or back yards cannot be clearly defined.
LOT LINE, FRONT
The lot line separating the lot from a street or right-of-way. In the case of a lot with frontage on more than one street or right-of-way, the owner may designate any such lot line as the "front lot line." The "front lot line" shall be established 25 feet from the center line of a street where the public right-of-way line is unknown.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The distance between the side lot lines, measured at the building setback line.
MINING
The extraction or excavation of rock, ore, stone, sand, gravel or similar materials, including the processing and storage of such materials in excess of 1,000 tons in any twelve-month period.
MOBILE HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. Mobile home does not include a modular home.
[Amended 5-27-1998 by L.L. No. 1-1998]
MOBILE HOME PARK
A parcel of land under single ownership (one or more lots) which has been planned for the placement of two or more mobile homes.
MOBILE HOME SITE
A designated area within a mobile home park for the accommodation of one mobile home.
MODULAR HOME
Factory-manufactured housing, subject to the requirements and regulations of the New York State Uniform Fire Prevention and Building Code, in which prefabricated components assembled at the plant are sent to a housing site in two or more pieces, depending on the size and style of said housing, to be joined together to form a complete house on a permanent foundation.
[Added 5-27-1998 by L.L. No. 1-1998]
MOTEL
A multiple dwelling, intended primarily for motorists, not over two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior.
[Amended 1-13-1993 by L.L. No. 1-1993]
MOTOR VEHICLE WRECKING
The dismantling or disassembling of motor vehicles, mobile homes or machinery or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles, mobile homes, machinery or their parts.
MULTIPLE DWELLING
A residential structure providing five or more living units in the Hamlet District or three or more living units in the RS District.
NONCONFORMING BUILDING OR USE
A building or use legally existing at the effective date of this chapter or any amendment thereto, or a building or use planned and legally under construction in compliance with existing laws prior to the effective date of this chapter or any amendment thereto and completed within a two-year period after the effective date of this chapter or amendment thereto, and which does not conform to the building or use regulations of the district in which located. A building or use allowed by variance in a district where it is nonconforming to any regulations of this chapter shall also be considered a nonconforming building or use.
NONCONFORMING LOT
A lot or a combination of lots under single ownership, which does not conform to one or more of the applicable regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NURSERY SCHOOL
Building or use in which the operator provides care for children for not more than three hours a day during not more than two daily sessions.
RESTAURANT
An establishment where food and beverages are prepared, served and intended to be consumed primarily within the principal building and where such food and beverages are not primarily packaged for removal by the customer.
RIGHT-OF-WAY
A strip of land acquired by grant, reservation, dedication, purchase, prescription or condemnation used or intended to be used to afford legal access to abutting property.
RURAL RETAIL STORES and RURAL SERVICE ESTABLISHMENTS
A store or shop that sells products or provides a service oriented to the rural residential or agricultural needs of the Town and involving the use of space in the principal residential structure or in its accessory building(s), whether existing or built specifically for the purpose of housing such business or service. Not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the rural retail or service use and in no event shall the total area devoted to such a use exceed 1,000 square feet.
SAWMILL, COMMERCIAL
Buildings or structures involved in the preparation, sawing, planing, or otherwise finishing logs in excess of 60,000 board feet in any twelve-month period.
SAWMILL, PRIVATE
Buildings or structures involved in the preparation, sawing, planing or otherwise finishing logs not exceeding 60,000 board feet in any twelve-month period.
SIGN
Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when the sign is in use.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
[Added 12-14-2016 by L.L. No. 3-2016]
SITE PLAN REVIEW
The process provided for in § 274-a of the New York State Town Law whereby the Town of Neversink Planning Board reviews and approves, disapproves or approves with conditions the establishment of certain uses and site plans connected therewith.
SLOPE
The inclination of the land surface from the horizontal expressed as a percentage which is the vertical distance divided by horizontal distance, then multiplied by 100.
SMALL SOLAR ENERGY SYSTEM
Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. For the purposes of this chapter, a small solar energy system shall have not have a surface area, per panel or in aggregate with other panels located on a single lot, which exceeds 4,000 square feet.
[Added 3-24-2010 by L.L. No. 1-2010]
SMALL WIND ENERGY FACILITY
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics and electrical collection and distribution equipment, and accessory facilities or equipment, which has a nameplate capacity of not more than 25 kilowatts.
[Added 3-24-2010 by L.L. No. 1-2010]
STREET LINE
The property line separating a lot from a street. Where the property line is closer than 25 feet from the center of the traveled way of a street, a line parallel to and 25 feet from the center of the traveled way of a street.
STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.
TOWN LAW
Chapter 62 of the New York State Consolidated Laws; Laws 1932, Chapter 634.
UNIFORM CODE
State Uniform Fire Prevention and Building Code as codified in 19 NYCRR, Parts 1219 through 1227, as amended from time to time, and the rules and regulations promulgated thereunder.
[Amended 6-3-2009 by L.L. No. 1-2009]
A. 
The purpose for which any buildings, structures or land may be arranged, designed, intended, maintained or occupied; or
B. 
Any occupation, business activity or operation conducted or intended to be conducted in a building or structure or on land.
USE PERMITTED
A use specifically allowed in a particular zoning district.
USE, PRINCIPAL
An activity or structure in which the activity is conducted which is the primary intended or designed use of the lot or structure.
USE, SPECIAL
A use subject to Planning Board approval pursuant to § 274-a of the New York State Town Law and permitted in a particular zoning district only on a showing that such use in a specified location will comply with all conditions and standards for the location or operation of such use as may be reasonably imposed according to the requirements of this chapter.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of this chapter.
[Added 3-25-1992 by L.L. No. 3-1992]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or is prohibited by this chapter.
[Added 3-25-1992 by L.L. No. 3-1992]
YARD
An open space on the same lot with a building or building group lying between the front, rear or side wall of a building and the nearest lot line, unoccupied and unobstructed from the ground upward except for projections and the specific minor uses or structures in such open space as allowed in this chapter. Widths of yards shall be measured from the nearest lot line to the closest point of the building.
YARD, FRONT
The open space extending the full width of the lot, which lies between the front setback line and the front lot line.
YARD, REAR (REQUIRED)
The open space extending the full width of the lot, which lies between the required rear setback line and the rear lot line.
YARD, SIDE (REQUIRED)
The open space extending the full width from the front setback line to the required rear setback line of that portion of the lot which lies between the required side setback line and the nearest side lot line.