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:
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.
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.
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.
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.
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.
The total ground floor area of a building, exclusive of uncovered
decks, porches, steps and terraces.
Vertical distance measured from the average level of all
finished grades to the ridge line or highest point of the roof of
the structure.
A structure in which the principal use of the site on which
it is situated is conducted.
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.
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.
The individual appointed by the Town Board who is charged
with the duty to enforce the provisions of this chapter and the Uniform
Code.
Facilities providing indoor recreation, amusement or sport
such as, but not limited to, fitness centers, bowling alleys, roller-skating
rinks or indoor tennis courts.
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.
The portion of a lot covered by buildings and structures.
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.
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]
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."
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.
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.
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]
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]
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.
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.
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.
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.
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.
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]
The processing, fabrication, converting, altering, assembling,
storage or other handling of materials, goods or equipment, including
storage facilities and warehouses for contractors and tradesmen.
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.
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.
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°.
The mean horizontal distance between the front and rear lot
lines.
That portion of the lot abutting a street or right-of-way
line.
A lot for which front, side or back yards cannot be clearly
defined.
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.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
The distance between the side lot lines, measured at the
building setback line.
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.
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]
A parcel of land under single ownership (one or more lots)
which has been planned for the placement of two or more mobile homes.
A designated area within a mobile home park for the accommodation
of one mobile 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]
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]
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.
A residential structure providing five or more living units
in the Hamlet District or three or more living units in the RS District.
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.
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.
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.
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.
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.
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.
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.
Buildings or structures involved in the preparation, sawing,
planing or otherwise finishing logs not exceeding 60,000 board feet
in any twelve-month period.
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.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color when the
sign is in use.
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]
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.
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.
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]
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]
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.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground.
Chapter 62 of the New York State Consolidated Laws; Laws
1932, Chapter 634.
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 use specifically allowed in a particular zoning district.
An activity or structure in which the activity is conducted
which is the primary intended or designed use of the lot or structure.
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.
[Repealed 3-25-1992 by L.L. No.
3-1992]
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]
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]
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.
The open space extending the full width of the lot, which
lies between the front setback line and the front lot line.
The open space extending the full width of the lot, which
lies between the required rear setback line and the rear lot line.
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.
