This chapter shall be known and may be cited as the "1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York."
A. 
General. Except as otherwise indicated in this section, the words used in this chapter shall have the meaning commonly attributed to them. Doubts as to the precise meaning of any words used in this chapter shall be clarified by the Zoning Board of Appeals under its power of interpretation.
B. 
Rules of interpretation. For the purpose of this chapter, certain terms or words herein shall be interpreted or defined as follows:
(1) 
Words used in the present tense include the future tense.
(2) 
The singular includes the plural.
(3) 
The word "person" includes a corporation as well as an individual.
(4) 
The term "shall" is always mandatory.
(5) 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
C. 
Specific terms. As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ABANDON
To give up one's right or interest in; to give over or surrender completely.
ACCESSORY
See "building, accessory."
ACCESSORY USE
See "use, accessory."
ACTIVE SOLAR ENERGY SYSTEM
A solar energy system that requires external mechanical power to move the collected energy.
ADULT ENTERTAINMENT ESTABLISHMENT
Any establishment or place of business were any person engages in, conducts, operates, carries on, or permits to be engaged in, conducted, operated or carried on, live performances which are characterized by an emphasis on specified anatomical areas or specified sexual activities; or where employees, as part of their employment, regularly expose to patrons, specified anatomical areas.
[Added 8-7-1996 by L.L. No. 1-1996]
ADVERSE IMPACT
A negative impact to land or waters resulting from a construction or development activity. The negative impact includes increased risk of flooding, degradation of water quality, sedimentation, reduced groundwater recharge, impacts on aquatic organisms or other resources, or threats to public health.
[Added 1-16-2008 by L.L. No. 1-2008]
ALTERATION
As applied to a building or structure:
(1) 
Enlargement, by increasing in height or by extending on a side, front or back;
(2) 
Moving from one location to another;
(3) 
Any change, addition or removal of the structural parts; or
(4) 
Any change, addition or removal of partitions, or any change in walls, ceiling, windows or doors.
ALTITUDE
The angular distance from the horizon to the sun.
AMUSEMENT CENTER
Any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public, any amusement device of any description, and particularly, but not by way of limitation, the type commonly known as bagatelle, baseball, football and pinball amusement games. An amusement center may include an indoor commercial rifle range.
ANIMAL HARBORING
The keeping of five or more cats; or any number of dogs, horses, cattle, pigeons, fowl, rabbits, sheep, goats, pigs, or other customary farm animals; or bee hives; or animals customarily kept in zoos; or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet shops.
ANIMAL HOSPITAL
An establishment for the temporary occupation by sick or injured animals for the purpose of medical treatment.
ANIMATED SIGN
Any sign which includes action, motion or color changes, or the optical illusion of action, motion or color changes, or contains a scrolling or changing message, except time and temperature and static message signs.
[Added 12-16-2009 by L.L. No. 3-2009]
APARTMENT HOUSE
A multifamily dwelling. See "dwelling unit, multifamily."
APPEAL
Any request submitted to the Zoning Board of Appeals for interpretation of this chapter, for decision on alleged grievances resulting from enforcement of this chapter, for a variance or for a permit.
AQUIFER
A saturated, permeable geologic material capable of yielding sufficient amounts of water to wells and springs.
[Added 5-1-1988 by L.L. No. 1-1988]
AQUIFER PROTECTION DISTRICT MAP
The Aquifer Protection District Map shall be the official map adopted by the Town of Cortlandville and delineated to indicate that area of the Town of Cortlandville underlain by any aquifers which now serve and/or in the future may serve as the water supply for the Town of Cortlandville.
[Added 5-1-1988 by L.L. No. 1-1988]
AREA, BUILDING
The area taken on a horizontal plane at the grade level of the principal building or accessory building exclusive of uncovered porches, terraces and steps.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
AS-BUILT PLANS
A set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed.
[Added 1-16-2008 by L.L. No. 1-2008]
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BOARDINGHOUSE
Any dwelling in which three or more persons are housed or lodged for hire with or without meals and without private cooking facilities. A rooming house or a lodging house shall be deemed a boardinghouse.
BUFFER STRIP
A row of densely planted shrubs and/or trees at least five feet wide with low branches intended to reduce noise and/or screen out objectionable views.
BUILDING
Any structure where space is covered or enclosed, but excluding campers or camping trailers.
BUILDING, ACCESSORY
A subordinate structure clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building such as a tool shed, gazebo, screen house, storage or animal shelter, and which does not exceed 200 square feet in area nor 12 feet in height. Garages, carports, barns, and other structures exceeding these limits are considered principal buildings.
BUILDING HEIGHT
The distance from the mean natural grade at the foundation to the highest point of the roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of the building on any side, excluding steps. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard measurements are measured to the building line.
BUILDING, PRINCIPAL
A building or buildings within which is conducted the primary and associated activities of the lot on which the building is located. Garages, carports, barns and the like are principal buildings if they exceed 200 square feet in area or 12 feet in height.
BULK REGULATIONS
Those regulations which refer to dimensional or numerical requirements in this chapter, such as but not limited to lot size, lot width and depth, yard dimensions, floor area ratio, percentage of lot coverage, percentage of impervious material, building height and number of parking spaces, density, and supplemental regulations which refer to dimensional or numerical requirements.
BULK STORAGE
Materials stored in large quantities which are usually dispensed in smaller units for use or consumption.
[Added 5-1-1988 by L.L. No. 1-1988]
BUSINESS ESTABLISHMENTS
Business uses such uses as real estate brokers and insurance agents that provide walk-in services for their clients, but that do not solely rely on walk-in customers.
[Added 1-16-2008 by L.L. No. 1-2008]
CAMPER
Any construction used or arranged for temporary living or sleeping purposes designed to be mounted, attached or built into a vehicle.
CAMPING TRAILER
Any vehicle used or arranged for temporary living or sleeping purposes, designed to be mounted on wheels and drawn by a power-driven vehicle.
CARPORT
A roofed structure without walls which is used for the storage of one or more automobiles.
CATCH BASIN (DRAIN INLET)
A structure which allows the entry of surface runoff into a storm sewer by connection to the storm sewer.
[Added 1-16-2008 by L.L. No. 1-2008]
CERTIFICATE OF ZONING COMPLIANCE
An official statement by the Zoning Officer which indicates that a structure or use complies with this chapter or any conditions imposed by the Town or any board thereof. (See § 178-112.)
CHURCH
Any structure used for worship or religious instruction, including administrative rooms accessory thereto.
CLUB
Any premises or building catering exclusively to members of an organization and their guests, not operated for profit and containing no merchandising or commercial activities except as required for the membership and purposes of such club.
CLUSTER HOUSING AREA
Development of residential buildings on lots which are smaller than permitted by the regulations of this law, where the density of development is no greater than would otherwise be permitted by conventional lot regulations; and where residual land produced by the smaller lot size is used for recreation and open space purposes, whether under public or private ownership or control.
CONDITIONAL PERMIT
A permit issued by the Town Planning Board in accordance with Article XIV.
CONSTRUCTION ACTIVITY
Land development, site preparation, building erection or the installation of infrastructure and improvements.
[Added 1-16-2008 by L.L. No. 1-2008]
CONTAMINATION
The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.
[Added 5-1-1988 by L.L. No. 1-1988]
CORNER LOT
See "lot, corner."
COURT
An open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
DAY-CARE CENTER
A place for the care of three or more children away from their own homes who stay for a period of three or more but less than 24 hours during any day irrespective of compensation, reward or otherwise. For the purpose of this chapter, day-care center shall include family day-care centers and nursery schools.
DETENTION
The temporary storage of stormwater runoff.
[Added 1-16-2008 by L.L. No. 1-2008]
DETENTION STRUCTURE
A permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff. A detention structure may be dry during nonstorm events or may have a permanent pool of water.
[Added 1-16-2008 by L.L. No. 1-2008]
DEVELOPER
A person, corporation, organization or agency undertaking activities covered by these regulations, or for whose benefit activities covered by these regulations are commenced and/or carried out.
[Added 1-16-2008 by L.L. No. 1-2008]
DEVELOPMENT
To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, paving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems and sewage disposal system, altering landforms or construction of a structure on the land.
[Amended 5-1-1988 by L.L. No. 1-1988; 1-16-2008 by L.L. No. 1-2008]
DISCHARGE
The disposal, deposit, injection, dumping, spilling, leaking, or release by any other means of a substance to the surface or subsurface of the ground, surface waters or groundwater.
[Added 5-1-1988 by L.L. No. 1-1988]
DIVERSION
Channel constructed across a slope for the purpose of intercepting surface runoff; also, changing the accustomed course of all or part of a stream.
[Added 1-16-2008 by L.L. No. 1-2008]
DOG KENNEL
An area or structure used for the boarding, training, breeding or raising of more than three dogs that are more than six months old.
DRAINAGE
The gravitational movement of water by surface runoff or subsurface flow; also, the removal of excess surface water or groundwater from land by means of surface or subsurface drains.
[Added 1-16-2008 by L.L. No. 1-2008]
DRAINAGE AREA
The land area contributing surface runoff or subsurface water flows to a single point.
[Added 1-16-2008 by L.L. No. 1-2008]
DRIVE-IN AND/OR PACKAGE FOOD RESTAURANTS
A facility wherein food products, including meals, baked goods, specialty items such as pizza, fried chicken or fish, hamburgers/hot dogs, and similar items are prepared and/or packaged and sold on-premises directly to the consumer for consumption off-premises or within a parking area on the premises, and which facility is designed and/or advertised primarily for such purposes, as distinguished from restaurants designed and utilized primarily for on-premises consumption. Such facilities which also provide interior eating facilities shall still be considered package food or drive-in restaurants.
DRY WELL
A small infiltration trench to which inflow is conducted via pipe. It is commonly covered with soil and used for drainage areas of less than one acre, such as roadside inlets and rooftop runoff.
[Added 1-16-2008 by L.L. No. 1-2008]
DWELLING
Any building or part thereof which is designed and used for human habitation, or intended to be so used, and including any appurtenances thereto, but excluding campers or camping trailers.
DWELLING UNIT
One or more rooms located within a dwelling and providing complete living accommodations for the use or occupation by one family, including cooking and bathroom facilities and an independent entrance.
DWELLING UNIT, FARM
A detached dwelling containing one or more dwelling units and forming an integral part of a farm operation.[1]
DWELLING UNIT, MULTIFAMILY
One or more dwellings on a single lot containing separate dwelling units for the use and occupation by three or more families.
DWELLING UNIT, ONE-FAMILY OR SINGLE-FAMILY
A detached dwelling containing one dwelling unit only for the use and occupation by no more than one family.
DWELLING UNIT, TWO-FAMILY
A detached dwelling containing no more than two dwelling units for the use and occupation by no more than two families.
EROSION
The removal of soil particles by the action of water, wind, ice or other geological agents.
[Added 1-16-2008 by L.L. No. 1-2008]
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
[Added 1-16-2008 by L.L. No. 1-2008]
FAMILY
One or more persons occupying a dwelling unit, all of whom are related by blood, marriage or adoption. Additionally, in the Agricultural and R-1 Districts, occupancy by a family and one unrelated individual is permitted, R-2 District occupancy by a family and two unrelated individuals is permitted, and in R-3, B-1, B-2, and B-3 Districts occupancy by a family and three unrelated individuals is permitted.
[Amended 12-16-2009 by L.L. No. 3-2009]
FAMILY DAY-CARE CENTER
See "day-care center."
FARM
Any parcel of land used primarily for the production of agricultural products, livestock, poultry or dairy; and nursery, greenhouses or forest products, and including buildings and appurtenances necessary thereto.
FENCE
A structure designed to separate one portion of land from another. For the purposes of this chapter, fences shall also include walls, screens or hedges.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
[Added 1-16-2008 by L.L. No. 1-2008]
FILLING STATION
A building or premises, or portion thereof, used for the retail sale of fuel for motor vehicles.
FIRST FLUSH
The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first 1/2 inch of runoff from the entire site from land which has been made less pervious than the predevelopment conditions through land grading and/or construction/development activities.
[Added 1-16-2008 by L.L. No. 1-2008]
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
[Amended 8-5-1998 by L.L. No. 2-1998]
FLOOD INSURANCE STUDY
Official report provided in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood.
[Amended 8-5-1998 by L.L. No. 2-1998]
FLOODWAY
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.
FLOOR AREA RATIO (FAR)
The ratio of the gross floor area of a building to the lot area expressed as a decimal. (For example, a one-thousand-square-foot building on a five-thousand-square-foot lot would give a FAR of 0.2.)
FOREBAY
An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or detention pond.
[Added 1-16-2008 by L.L. No. 1-2008]
FRATERNITY HOUSE
A dwelling used and occupied by a fraternity, composed of college or university students, containing and providing domestic and social facilities and services thereto. (See "boardinghouse.")
FRONTAGE
The distance between side lot lines measured at the street right-of-way line.
FUNCTIONAL FAMILY UNIT
A group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purpose of zoning restrictions in residential neighborhoods.
[Added 12-16-2009 by L.L. No. 3-2009]
(1) 
In determining whether or not a group of unrelated individuals is a functional family unit under the definition set forth above, the following criteria must be present:
(a) 
The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
(b) 
The household must have stability with respect to the purpose of this chapter. Evidence of such stability may include the following:
[1] 
The presence of minor dependent children regularly residing in the household.
[2] 
Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food.
[3] 
Whether or not different members of the household have the same address for the purpose of:
[a] 
Voter registration.
[b] 
Driver's licenses.
[c] 
Motor vehicle registration.
[d] 
Summer or other residences.
[e] 
The filing of taxes.
[4] 
Common ownership of furniture and appliances among the members of the household.
[5] 
Enrollment of dependent children in local schools.
[6] 
Employment of householders in the local area.
[7] 
A showing that the household has been living together as a unit for a year or more; whether in the current dwelling unit or other dwelling units.
[8] 
Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.
(2) 
A group of individuals living in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if such dwelling unit contains four or more college students over the age of 16 years.
(a) 
A college student is a person who attends, at least half time, any college, university or other institution authorized to confer degrees by the State of New York.
(b) 
For the purposes of this presumption, minor dependent children of any other member of the household shall be excluded in calculating the number of college students in the household.
(3) 
A group of individuals living together in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if the dwelling unit is occupied by four or more unrelated adults over the age of 16 years and is not occupied by minor children.
(4) 
The presumptions set forth in Subsections (2) and (3) of this definition may be rebutted by evidence of characteristics set forth in Subsection (1) of this definition.
GARAGE, COMMERCIAL
An enclosed building used as a business for the indoor storage or repair of motor vehicles, including painting and the sale of parts and accessories. A junkyard or auto salvage yard is not to be construed as a garage.
GARAGE, PRIVATE
An enclosed building for use by the inhabitants of a dwelling for private storage.
GARAGE SALE
Sale of used goods from a private residence.
GASOLINE STATION
A building servicing motor vehicles and/or supplying fuel, lubrication, supplies or accessories but not including painting or body repair. (See "filling station.")
GRADING
Alteration of the surface or subsurface conditions of land or water bodies by excavating, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof.
[Added 1-16-2008 by L.L. No. 1-2008]
GROUP HOME
A single-family residence used for the provision of health or social care for unrelated persons.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof (a floor used only for storage purposes is not a habitable floor).
HAZARDOUS MATERIAL
Any substance found listed in either 40 CFR Part 261, 40 CFR Part 302, or 6 NYCRR Part 371, alone or in combination, including but not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to two alkalis with a pH greater than or equal to radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity or EP toxicity.
[Added 5-1-1988 by L.L. No. 1-1988]
HOME OCCUPATION
An occupation or profession which is carried on by a person residing in the dwelling unit, and is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes. Home occupations shall be such things as hairdressing, tailoring, teaching, carpentry, electrical and plumbing work and similar activities, and professional offices such as doctors, lawyers, architects, and real estate brokers. For the purposes of this chapter, a home occupation shall be limited by the following requirements:
(1) 
There shall be no more than one paid employee on premises.
(2) 
There shall be no indication from the exterior that the building is used as other than a dwelling, except as permitted under Article XVIII, Signs.
(3) 
The home occupation shall encompass no more than 1/4 of the total floor space of the principal dwelling structure (including basement). If an accessory structure is used for this purpose, floor area is limited to 200 square feet.
HORTICULTURE
The science or art of growing fruit, flowers, vegetables or ornamental plants.
HOSPITAL
A building used for the diagnosis, treatment or other care of human ailments, including clinics, but not solely for permanent lodging of aged persons.
HOTEL
A building used primarily to provide sleeping accommodations for the transient public in which rooms are available for hire which may contain accessory facilities such as restaurants, meeting rooms and small retail outlets. Motels, inns, tourist courts and other transient lodgings are included in this definition.
HOUSE SALE
See "garage sale."
HOUSE TRAILER
See "mobile home."[2]
IMPERVIOUS SURFACE AREA
Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
[Added 1-16-2008 by L.L. No. 1-2008]
INDUSTRIAL FACILITIES
All those operations, including but not limited to manufacturing, public utilities, office related to industrial facilities, warehousing, freight and truck terminals; determination of additional uses shall be made by the Planning Board.
INFILTRATION
The passage or movement of water through the soil profile.
[Added 1-16-2008 by L.L. No. 1-2008]
INFILTRATION PRACTICE
The infiltration of runoff on-site by the use of vegetative depressions and buffer areas, pervious surfaces, drywells, basins and trenches, permitting immediate recharge into groundwater.
[Added 1-16-2008 by L.L. No. 1-2008]
JUNKYARD
A lot or building or part thereof used for collecting, storage, sale, recycling, salvage or dismantling of discarded or unlicensed machinery, vehicles, appliances, paper, scrap, rags and similar discarded material or for the sale or storage of parts thereof.
LAND-DISTURBING ACTIVITY
A land change or construction activity for residential, commercial, silviculture, industrial and institutional land use which may result in soil erosion from water or land, or may result in the movement of sediments or pollutants, or may result in accelerated stormwater runoff; including site preparation activities, stripping, land clearing, grading, excavation, filling, earth moving activities, paving and construction of buildings or structures.
[Added 1-16-2008 by L.L. No. 1-2008]
LANDSCAPING
The act of changing or enhancing the natural features of a plot of ground (usually around a building) so as to make it more attractive, as by grading, adding fill, adding lawns, trees, bushes, shrubs, etc.
LINEAR DISTANCE
The shortest horizontal distance from the nearest point of a structure or object to the boundary of any protection area, or to the margin or steep bank forming the normal high-water line of a watercourse.
[Added 5-1-1988 by L.L. No. 1-1988]
LOT
A parcel of land occupied or capable of being occupied exclusively by one or more principal buildings and/or uses and the accessory buildings or uses to such buildings or uses and having, as a minimum, such area, dimensions and other requirements as specified by this chapter.
LOT AREA
An area of land the size of which is determined by the limits of the lines bounding said area and usually expressed in terms of square feet or acres.
LOT, CORNER
A lot fronting on two streets at their intersection with two required front yards and two required side yards. No rear yards required.
LOT COVERAGE
That portion of the lot area within the building lines of principal and accessory structures, uses, and/or utilized for parking.
LOT COVERAGE PERCENTAGE
The sum of all buildings, parking areas, access driveways and driving aisles divided by the total lot area.
[Added 1-16-2008 by L.L. No. 1-2008]
LOT DEPTH
The average horizontal distance from its front line to its rear lot line, measured in the general direction of its side lot lines from the nearest boundary line or right-of-way line of the street or highway.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
Its average width measured at right angles to is depth.
LOWEST FLOOR
Lowest level including basement or cellar of the lowest enclosed area. An unfinished for flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided that an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
[Amended 4-1-1987 by L.L. No. 4-1987]
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. This term also includes all additions made subsequent to installation and appurtenant structures thereto.
[Added 4-1-1987 by L.L. No. 4-1987]
MANUFACTURED HOUSING
A single-family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards (24 CFR 3280) HUD Code which is at least a double-wide measuring 23 feet by 48 feet, with skirting enclosure constructed of a masonry material in accordance with generally accepted standards.
[Added 9-6-2000 by L.L. No. 6-2000]
MECHANICAL WIND TURBINE
A wind energy system that converts wind energy to mechanical power.
[Added 12-16-2009 by L.L. No. 3-2009]
MINE
Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine as identified in any permit issued by the New York State Department of Environmental Conservation.
[Added 2-16-2022 by L.L. No. 1-2022]
MINING
The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.
[Added 2-16-2022 by L.L. No. 1-2022]
MOBILE HOME
See "manufactured home."
[Added 4-1-1987 by L.L. No. 4-1987[3]]
MOTEL
See "hotel."
MULCH
A layer of plant residue or other material applied to the land surface for the purpose of controlling erosion.
[Added 1-16-2008 by L.L. No. 1-2008]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.[4]
NONCONFORMING LOT
A lot existing at the time of enactment of this chapter or any amendment thereto, and which does not conform to the regulations of the district in which it is situated.
NONCONFORMING STRUCTURE
A structure lawfully existing at the time of enactment of this chapter or any amendment which does not conform to the regulations of this chapter for the district in which it is situated.
NONCONFORMING USE
Any use of a structure, lot or land, or part thereof, lawfully existing at the time of the enactment of this chapter or any amendment thereto which does not conform to the use regulations prescribed in this chapter for the district in which it is situated.
NURSERY SCHOOL
See "day-care center."
NURSING HOME
An establishment licensed by New York State which houses and provides nursing care for persons who, by reason of age, infirmity or illness, require specialized supervision, but not hospital care.
NYSDEC
New York State Department of Environmental Conservation
[Added 2-16-2022 by L.L. No. 1-2022]
ON-SITE STORMWATER MANAGEMENT
The design and construction of stormwater management practices that are required for a specific land-disturbing activity, on the site where the land-disturbing activity occurs.
[Added 1-16-2008 by L.L. No. 1-2008]
OPEN SPACE
Land not covered by buildings, parking lots, open storage, mining operations, or any other use that usually obscures the natural or improved landscape, except for recreational facilities.
OUTDOOR WOODBURNING DEVICE
Any equipment, device or apparatus which is installed, affixed or situated outside, for the purpose of combustion of wood fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.
[Added 12-16-2009 by L.L. No. 3-2009]
PARKING SPACE
An off-street space available for parking one automobile and which is an area at least 10 feet wide and 20 feet long, not including maneuvering area and access drives.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power.
PAVEMENT
Materials which form a firm or solid surface for the purpose of vehicular or pedestrian travel or parking; including concrete, asphalt, gravel, stone, brick, or a combination thereof.
[Added 1-16-2008 by L.L. No. 1-2008]
PEAK FLOW
The maximum rate of flow of water at a given point and time resulting from a storm event.
[Added 1-16-2008 by L.L. No. 1-2008]
PEAK FLOW ATTENUATION
The reduction of the peak discharge of storm runoff by storage and gradual release of that storage.
[Added 1-16-2008 by L.L. No. 1-2008]
PERSONAL SERVICE ESTABLISHMENT
A business where professional or personal services are provided for gain and where the sale at retail of goods, wares, merchandise, articles or things is only accessory to the provisions of such services, including, but without limiting the generality of the foregoing, the following: barbershops, beauty shops, tailor shops, laundry or dry-cleaning shops, and shoe repair shops.
[Added 1-16-2008 by L.L. No. 1-2008]
PLAN
The stormwater pollution prevention plan for a given project.
[Added 1-16-2008 by L.L. No. 1-2008]
PLAN, BUILDING
Architectural and engineering drawings showing how a structure is to be constructed.
PLAN, SITE OR PLOT
A drawing ordinarily to scale depicting existing and proposed physical features of a parcel, usually including structures, utilities and topographical information.
PLANNED UNIT DEVELOPMENT (PUD)
An area of land on one or more contiguous parcels designed for and built or to be built upon one parcel, providing a street system, water and sewer facilities and used for residential, commercial or industrial purposes or some combination thereof, including provisions for subdivision and sale of parcels in future.
PONDING
The incidental accumulation of surface runoff water on the land surface in an area not designed as part of a stormwater management system as a detention, retention or infiltration area.
[Added 1-16-2008 by L.L. No. 1-2008]
PROFESSIONAL OFFICES
Those business offices which have as their principal uses services provided by professionals licensed by the State of New York and/or other unlicensed professionals, including, but not limited to physicians, dentists, health care professionals, lawyers, architects, engineers, accountants and veterinarians.
[Added 1-16-2008 by L.L. No. 1-2008]
PUBLIC SEWER AND WATER FACILITIES
Any sewage disposal system or water supply and distribution system authorized for public use, whether for a residential subdivision, or for commercial, industrial or manufacturing buildings, and approved by the State and County Departments of Health, the Department of Environmental Conservation and any other governmental agency having jurisdiction thereof.
PUBLIC WELLS
Municipal or public drinking water supply wells.
[Added 2-16-2022 by L.L. No. 1-2022]
REGIONAL STORMWATER MANAGEMENT
The design and construction of regional stormwater management facilities that are necessary to control stormwater discharge from more than one land-disturbing activity.
[Added 1-16-2008 by L.L. No. 1-2008]
RESTAURANT
A building or portion thereof where food and/or beverages, whether or not alcoholic, are sold to the public for consumption on or off the premises.
RETENTION
A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration or attenuated release when runoff volumes exceed the storage capacity of the pool.
[Added 1-16-2008 by L.L. No. 1-2008]
RIGHT-OF-WAY
A nonpossessory right or privilege, created by either instrument or usage, granting the use of land to a person or persons not the owner thereof for passage thereon.
RIPRAP
A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks, and reduce runoff velocities.
[Added 1-16-2008 by L.L. No. 1-2008]
RISER
A vertical pipe that is used to control the discharge rate from a pond for a specified design storm.
[Added 1-16-2008 by L.L. No. 1-2008]
ROADSIDE STAND
A small structure, booth, stall or facility used for the retail sales of goods to passersby.
ROOMING HOUSE
See "boardinghouse."
RUNOFF
That portion of the precipitation on-site that is discharged from the site across the surface of land, pavement or rooftops.
[Added 1-16-2008 by L.L. No. 1-2008]
SALES ESTABLISHMENT
A building where goods, wares, merchandise, substances, articles or things are offered or kept for sale, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service such store.
[Added 1-16-2008 by L.L. No. 1-2008]
SCHOOL
A public or private not-for-profit elementary or secondary educational institution, or an institution of higher education.
SCREENING
A permanently maintained barrier, including but not limited to fences, bushes or trees or other natural and/or artificial material, which is designed to obscure any particular character of any given building or use of land.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion.
[Added 1-16-2008 by L.L. No. 1-2008]
SEDIMENTATION
The action or process of forming or depositing sediment.
[Added 1-16-2008 by L.L. No. 1-2008]
SEQR
The New York State Environmental Quality Review Act and regulations.
[Added 1-16-2008 by L.L. No. 1-2008]
SETBACK LINE
The imaginary line which separates the front yard area from the building area.
SHOPPING CENTER
A lot occupied by more than one commercial use units, attached or detached, which relate to a common parking area and common points of ingress and egress and common circulation pattern.
SIGN
Any device, object, structure or building facade used for the visual communication or advertisement of a place, building, product, service or name.
SITE PREPARATION
The activities of stripping, excavating, filling and grading, no matter what the purpose of these activities.
[Added 1-16-2008 by L.L. No. 1-2008]
SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS)
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on-site consumption of utility power.
[Added 12-16-2009 by L.L. No. 3-2009]
SOLID WASTE DISPOSAL FACILITY
Any facility used for solid waste disposal, including but not limited to sanitary landfills and dumps, but not including disposal areas for inert debris.
[Added 5-1-1988 by L.L. No. 1-1988]
SORORITY HOUSE
A dwelling used and occupied by a sorority, composed of college or university students, containing and providing domestic and social facilities and services thereto. (See "boardinghouse.")
SPECIFIED ANATOMICAL AREAS
As used herein include:
[Added 8-7-1996 by L.L. No. 1-1996]
(1) 
Less than completely and opaquely concealed;
(a) 
Human genitals, pubic region;
(b) 
Human buttock, anus; or
(c) 
Female breast below a point immediately above the top of the areola; or
(2) 
Erect penis, even if completely and opaquely concealed.
SPECIFIED SEXUAL ACTIVITIES
Includes:
[Added 8-7-1996 by L.L. No. 1-1996]
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Actual or simulated acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts.
STABILIZATION
The prevention of soil erosion by surface runoff or wind through the establishment of a soil cover through the use of vegetative or structural means.
[Added 1-16-2008 by L.L. No. 1-2008]
STABILIZED CONSTRUCTION ENTRANCE
A stabilized pad of stone aggregate underlain with filter cloth located at any point where traffic will be entering or leaving a construction or development site to or from a public right-of-way, street, alley, sidewalk or parking area.
[Added 1-16-2008 by L.L. No. 1-2008]
STABLE, PRIVATE
An accessory building where horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC OR BOARDING
A building where horses are kept for hire, remuneration or sale.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.
[Amended 4-1-1987 by L.L. No. 4-1987]
STATIC MESSAGE SIGN
The minimum display time, without a change in message, shall be six hours.
[Added 12-16-2009 by L.L. No. 3-2009]
STORM SEWER (STORM DRAIN)
A conduit which carries stormwater and drainage to a point of discharge to a watercourse or water body.
[Added 1-16-2008 by L.L. No. 1-2008]
STORMWATER
The discharge of water from the surface of land resulting from precipitation or snow or ice melt; including surface runoff, groundwater flows, percolation and seepage.
[Added 1-16-2008 by L.L. No. 1-2008]
STORMWATER MANAGEMENT
For water quantity control, a system of vegetative, structural and other means that control the volume and rate of stormwater runoff which may be caused by land-disturbing activities or activities upon the land; and, for water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land-disturbing activities or activities upon the land.
[Added 1-16-2008 by L.L. No. 1-2008]
STORMWATER POLLUTION PREVENTION PLAN
A site-specific detailed design for the control of soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from any land-disturbing activity.
[Added 1-16-2008 by L.L. No. 1-2008]
STREAM CORRIDOR
The landscape features on both sides of a stream, including soils, slope and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties.
[Added 1-16-2008 by L.L. No. 1-2008]
STREET LINE
The right-of-way line of the street.
STRIPPING
Any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation.
[Added 1-16-2008 by L.L. No. 1-2008]
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include but are not limited to buildings, walls, fences over six feet in height or two feet in width; radio towers and antenna masts over 10 feet in length; swimming pools, billboards, poster panels, signs and antennas of the satellite receiving type utilizing a reflector, whether permanently mounted or capable of being mounted on a mobile structure. The following shall not be classified as structures for the purposes of this chapter: fireplace and/or chimneys, flagpoles, and antennas other than those described above.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair, or, if the structure has been damaged and was being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not include:
(1) 
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2) 
Any alteration of a structure listed on the National Register of Historic Places.
SUBWATERSHED
A contributing drainage area within a watershed.
[Added 1-16-2008 by L.L. No. 1-2008]
SWALE
A natural depression or wide, shallow ditch used to route or filter runoff.
[Added 1-16-2008 by L.L. No. 1-2008]
TOTAL HEIGHT (WIND ENERGY SYSTEMS)
The height of the tower and the furthest vertical extension of the WECS.
[Added 12-16-2009 by L.L. No. 3-2009]
TOURIST HOME
A dwelling, or that part of any dwelling, in which overnight accommodations are offered to transient guests for pay, but where such use is secondary to the permanent occupancy of the dwelling by a family. A home offering one guest room shall be a single-family dwelling. A home offering two or three guest rooms shall be a tourist home. A home offering four or more guest rooms shall be a boardinghouse.
TOXIC SUBSTANCE
Any compound or material which is, or may be, harmful to human health as defined by § 4801, Subdivision 2, of the New York State Public Health Law.
[Added 5-1-1988 by L.L. No. 1-1988]
TRADE SCHOOL
An institution of learning maintained by private individuals, corporations or cooperatives for instruction of trade, skill or craft for a fee.
TRAILER, HOUSE
See "mobile home."
USE
The specific purpose for which any land or building is designed, arranged, intended or for which it is or may be occupied or maintained.
(1) 
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of the site and located on the same lot with such principal use or building. This shall include but not be limited to private garage, tool shed, carport and pool house.
(2) 
USE, PRINCIPALPrimary purpose or function carried out on a site, structure, buildings or space in use.
VARIANCE
An authorization granted to exempt a particular action from the strict letter of this chapter.
(1) 
BULK VARIANCEAn authorization by the Zoning Board of Appeals for the construction or maintenance or modification of a building or structure in violation of the bulk requirements of this chapter.
(2) 
USE VARIANCEAn authorization by the Zoning Board of Appeals for the establishment or maintenance or modification of a use of a building, structure or land which is prohibited by this chapter.
(3) 
The modification of the minimum stormwater management and erosion control requirements for specific circumstances such that strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.
[Added 1-16-2008 by L.L. No. 1-2008]
VEGETATIVE FILTER STRIP
An area of grasses or other permanent vegetation used to retard the flow of runoff water, causing deposition of transported materials, thereby reducing sediment flow.
[Added 1-16-2008 by L.L. No. 1-2008]
WAIVER
The relinquishment from stormwater management and erosion control requirements for a specific development on a case-by-case review basis.
[Added 1-16-2008 by L.L. No. 1-2008]
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood or stormwater.
[Added 5-1-1988 by L.L. No. 1-1988; amended 1-16-2008 by L.L. No. 1-2008]
WATER QUALITY
Those characteristics of stormwater runoff from a land-disturbing activity that relate to the chemical, physical, biological or radiological integrity of water.
[Added 1-16-2008 by L.L. No. 1-2008]
WATER QUANTITY
Those characteristics of stormwater runoff that relate to the rate and volume of delivery of the stormwater runoff to downstream areas resulting from land-disturbing activities.
[Added 1-16-2008 by L.L. No. 1-2008]
WATERSHED
A region or area contributing stormwater ultimately to a particular watercourse or body of water.
[Added 1-16-2008 by L.L. No. 1-2008]
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a drinking water well, supplying a public water system, through which contaminants are reasonably likely to pass before reaching such well or group of wells, as designated pursuant to New York’s Wellhead Protection Program. Wellhead Protection Areas are located within Wellhead Protection Area Districts which overlay other districts within the Town. While Wellhead Protection Areas are generally located with the Town’s Aquifer Protection District, they contain separate requirements than the Aquifer Protection District because land uses within Wellhead Protection Areas in the Town provide a more immediate threat to public wells.
[Added 2-16-2022 by L.L. No. 1-2022]
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts the kinetic energy in the wind into electrical or mechanical energy.
[Added 12-16-2009 by L.L. No. 3-2009]
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction. Temporary (no more than two years) towers may be allowed as part of a small WECS application, where the requested tower meets all height, setback and other requirements of this local law.[5]
YARD
An open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise permitted.
YARD, FRONT
The ground space on a lot between the street right-of-way line and the nearest point of the principal building or use, extending to the side boundaries of the lot, and, in residential districts, unoccupied except for fences and/or other decorative or landscaping uses.
YARD, REAR
The ground space on a lot between the rear line of the lot and the nearest point of the principal building or use and extending to the side boundaries of the lot.
YARD, SIDE
The ground space on a lot between the side line of the lot and nearest point of the principal building or use, extending from the rear line of the front yard to the front line of the rear yard and unoccupied adjacent to such side line to the width required for side yards in the district, except for permitted uses.
[1]
Editor's Note: The former definitions of "existing mobile home park or mobile home subdivision" and "expansion to an existing mobile home park or mobile home subdivision," which immediately followed this definition, were deleted 4-1-1987 by L.L. No. 4-1987.
[2]
Editor's Note: The former definition of "house trailer park," which immediately followed this definition, was deleted 4-1-1987 by L.L. No. 4-1987.
[3]
Editor's Note: The definition of "mobile home park," which immediately followed this definition, was deleted 4-1-1987 by L.L. No. 4-1987.
[4]
Editor's Note: The definition of "new mobile home park or mobile home subdivision," which immediately followed this definition, was deleted 4-1-1987 by L.L. No. 4-1987.
[5]
Editor's Note: "This local law" refers to L.L. No. 3-2009. See § 178-123.2, Small Wind Systems (WECS).