When used in this chapter, words in the present tense include the future and words of one gender include all genders. The singular number includes the plural and the plural includes the singular. The term "shall" is intended to be mandatory. Whenever a word or term is defined to include certain items or matters, such inclusion is intended to be by way of specification and not of limitation. The word "lot" includes the word "plot" or "parcel." If interpretation or clarification of any word used in this chapter is needed it shall be provided by the Village Zoning Board of Appeals in accordance with such powers granted to them.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A building, the use of which is customarily incidental to that of a dwelling and which is located on the same lot as that occupied by the main building.
- ACCESSORY STRUCTURE/USE
- Any building or use which is subordinate to and whose use is incidental to the principal building or use on the same lot or on an adjoining lot under the same ownership.
- ADJACENT UPLAND OWNER
- The person or persons having title in fee to the adjacent
upland parcel. This shall include the owner(s), lessee(s), occupant(s),
easement holder(s), or any other person(s) or entity(ies) with a legal
or beneficial interest in the adjacent upland parcel.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- ADJACENT UPLAND PARCEL
- A parcel of land bordering on the shore of the St. Lawrence
River and adjacent bays.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- ADMINISTRATIVE EXPENSES
- All actual expenses and liabilities incurred by the village or any of its officers or agencies in compliance with this chapter and all other applicable laws or regulations, including but not limited to engineering fees and disbursements, legal fees and disbursements, publication expenses, administrative expenses and any other actual expenditure incurred or accrued by the village.
- ADULT ENTERTAINMENT USE
- Any of a range of uses that is involved in the viewing or distribution of materials or live behavior that is sexually explicit in nature and excludes minors by reason of age. Such uses shall include erotic dance halls, erotic movie theaters, adult bookstores, peep shows, massage parlors, etc.
- AGRICULTURAL OPERATION
- The raising for compensation of poultry, crops, livestock and agricultural or dairy products, fish or game. The term includes plant, crop and tree growing and harvesting, animal husbandry, horticulture, forestry, fish for bait or harvest and the sale for wholesale or retail of the products thereof upon the premises where the same are grown or produced. The term does not include the operation of a hog farm or fur farm.
- AGRICULTURAL USE
- Land which is used for raising livestock or agricultural products, including farm structures and storage of agricultural equipment, riding and boarding stables and, as an accessory use, the sale of agricultural products raised on the property.
- A right-of-way which affords a secondary means of vehicular access in the village. All properties abutting any "alley" shall be considered to be rear or side yards.
- To change or rearrange any exterior structural part of the existing facilities of a building or structure by enlarging the building or structure, whether by extending any side or increasing the height thereof, or to move the same from one location or position to another. It shall not be considered an "alteration" if there is no expansion of exterior dimensions. For instance, replacement of windows, doors, siding, roofing, etc., as well as interior alterations shall not be considered an "alteration" for the purpose of this chapter.
- The owner of record of the parcel or his duly authorized agent.
- AUTOMOBILE SERVICE STATION or GASOLINE STATION
- Any lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fumes, oils or lubricants or for the polishing, greasing, washing or servicing (but not painting) of motor vehicles.
- See "boat slip."[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOARDING/ROOMING HOUSE
- Building wherein more than four people are sheltered for profit.
- Any vessel, floating craft, seaplane, or personal watercraft
which utilizes a docking facility, including, but not limited to,
canoes, rowboats, rowing shells, kayaks, windsurfers, jet skis, and
other small boats or personal watercraft which are contained in a
docking facility.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOAT ACCESSORY STRUCTURE
- An enclosed storage structure, the purpose of which is the
storage of related boating accessories. A boat accessory structure
shall not be defined to mean a boat hoist structure, boat station
or boathouse.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOAT HOIST STRUCTURE
- A temporary open-sided structure placed in the water; a mechanical
or manual device is attached to the structure to raise or lift a boat
out of the water for waterside storage. A boat hoist structure may
have a roof. A boat hoist structure shall not be defined to mean a
boat station, boathouse or boat accessory structure.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOAT HOIST/LIFT
- Any mechanical or manual device, the purpose of which is
to raise or lift a boat out of the water for waterside storage.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- A permanent enclosed structure that provides direct water
access for boats, and is wholly or partially supported or constructed
below the mean high-water mark. A boathouse has a permanent roof and
one or more enclosed sides. A boathouse shall not be defined to mean
a boat hoist structure, boat station or boat accessory structure.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOAT LAUNCH
- A place, site or structure to facilitate the ingress or egress of a watercraft into or onto a body of water.
- BOAT SLIP
- A waterside storage area adjoining the shore, any structure,
boat hoist structure, boat station, slip, boathouse, dock or pier,
the purpose for which is the storage of a boat, yacht, or any floating
craft.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- BOAT STATION
- A permanent open-sided structure constructed in the water,
with a mechanical device, the purpose of which is to raise or lift
a boat out of the water for waterside storage. A boat station is intended
as a permanent boat hoist structure. A boat station shall not be defined
to mean a boat hoist structure, boathouse or boat accessory structure.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- Any structure having a roof supported by columns or by walls which is used or occupied for the shelter, housing or enclosure of animals, persons or property. The term, unless specified, includes both principal and accessory buildings.
- BUILDING AREA
- The total area, taken on a horizontal plane at main grade level, consumed by the principal building and all accessory buildings, excluding chimneys, uncovered porches, patios, terraces, steps and open areaways.
- BUILDING LINE
- The foundation line of that face of the building or structure nearest the lot line, excluding chimneys and uncovered porches, patios, terraces, steps and open areaways.
- A structure with accommodations for living and sleeping designed for seasonable occupancy having a minimum area of 200 square feet. The term does not include trailer camps.
- Any lot, building, structure or part thereof used or occupied by two or more recreation trailers or vehicles which are used for part-time living or sleeping purposes.
- CAR WASH
- A building, structure or facility which obtains commercial income from the washing, cleaning or waxing of motor vehicles. Such a use may be the principal function of the building or land on which it is situated or an ancillary use thereof.
- CLUB, PRIVATE
- A building or use catering exclusively to club members and their guests for fraternal or recreational purposes.
- COMMUNITY FACILITY
- A building, structure or use operated for the benefit of the general well-being, health, safety, welfare and enjoyment of the public. This use shall include but not be limited to fire stations, libraries and community-owned buildings.
- A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior and other common elements.
- DANGEROUS USE
- The manufacture, bulk storage or handling of explosives, illuminating gases, lethal or toxic chemicals or other explosive, combustible, inflammable, lethal or toxic substances in such quantities or in such manner as may or does endanger the public safety. The term does not include the operation of a retail gasoline station.
- Any structure or fixed platform built on floats, columns,
open timber, piles, or similar open-work supports, or cantilevered
structures anchored to the shore, including piers and wharfs and designed
to provide access from the shore of the St. Lawrence River or the
many connected bays for swimming, boating or other recreational or
commercial uses and shall also include accessorial uses. All structural
descriptions provided above, which are placed on the waterside of
the mean high-water mark, shall be defined as a dock.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- DRIVE-IN SERVICE
- A commercial facility building or use which relies upon the motoring public for its business. Such facilities contain appropriate traffic/parking arrangements to serve motor vehicles. Examples of such facilities include drive-in restaurants, banks, etc.
- A building used or occupied as living quarters for one or more families. The term does not include tourist accommodations or trailers.
- DWELLING UNIT
- Any building used in whole or part for human habitation (trailers or mobile homes are defined separately). All such "dwelling units" shall have at least 300 square feet of interior floor area.
- ENFORCEMENT OFFICER
- See definition for "Zoning Enforcement Officer."
- ENVIRONMENTAL ASSESSMENT FORM (EAF)
- A form used to determine the environmental significance of proposed projects. An "EAF" describes the proposed activity, its location, purpose and potential impacts on the environment.
- To erect, construct, build, reerect, reconstruct, rebuild or excavate for a building or structure.
- EROSION PROTECTIVE STRUCTURE
- Any structure(s) designed, used or constructed to prevent damage of property by the littoral or riparian waters of a water body or other movement of water across a surface. Such structures are those designed in conformance with New York Guidelines for Urban Erosion and Sediment Control or other equivalent generally accepted standard.
- ESSENTIAL SERVICE
- Erection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities.
- One or more persons living together as a single housekeeping unit.
- Same definition as "wall."
- FINANCE, INSURANCE AND REAL ESTATE USES
- Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, insurance agents and brokers and buyers, sellers, agents and developers of real estate.
- FLOATING STRUCTURE
- Any floating structure or device anchored or moored to the
shore or land underwater of the St. Lawrence River or its many bays.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- FLOOR AREA
- The total horizontal area of all floors of a building, excepting the basement and attic thereof, measured along the faces of the interior walls.
- FRONT LOT LINE
- The lot line adjoining any street or highway right-of-way line. If a lot adjoins two or more streets or highways, it shall be deemed to have a "front lot line" respectively on each.
- FRONT YARD
- The yard between the front building line and the front lot line and extending the full width of the lot.
- FUNERAL HOME
- An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body or for the observances held for a dead person as an incident to burial and cremation.
- FUR FARM
- Any lot or building or part thereof used or occupied for raising or keeping for compensation of rabbits, foxes, minks, skunks or other fur-bearing animals.
- GASOLINE SERVICE STATION
- Any lot or building or portion thereof used or occupied for the sale or supply of gasoline or motor vehicle fuels, oils or lubricants or for the polishing, greasing, washing or servicing of motor vehicles.
- GRADES, FINISHED
- Completed surfaces of ground, lawns, walks, paved areas and roads brought to finished (final) grade, as shown on plans relating thereto.
- The vertical distance measured from the mean high-water level
to the highest portion of the building or structure.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- HIGHWAY RIGHT-OF-WAY LINE
- Same definition as "road line."
- HISTORIC LANDMARK
- Any building, structure or site designated as historic by the National Register of Historic Places.
- HISTORIC STRUCTURE/BUILDING/SITE
- Any building, structure or parcel of property possessing special character or historic or aesthetic interest or values as part of the cultural, political, economic or social history of the locality, region, state or nation or which is identified with historic personages or embodies a particular architectural style or the work of a significant architect or is visually singular to a neighborhood due to location or physical character.
- HOME OCCUPATION
- Any accessory use of a service character customarily conducted within a dwelling by the resident thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have an exterior evidence of such secondary use, other than a small nameplate, and in connection therewith there is not involved the keeping of stock for trade. The office of a physician, surgeon or dentist or insurance offices, convalescent homes and mortuary establishments or an instructor in violin, piano and other individual musical instruments who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods shall be deemed to be permitted as "home occupations," and the occupations of dressmaker or seamstress, each with not more than one paid assistant, shall be deemed to be permitted as "home occupations."
- An institution in which sick or injured persons are given medical or surgical treatment. It does not include an establishment for permanent occupation by the poor, convalescent or mentally ill.
- A building which has a common entrance and general dining room and contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for short or extended periods of time.
- A device used in or near the water to interrupt the transformation
of water to ice or to break up already established ice during the
winter season.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- INDOOR AMUSEMENT FACILITY
- An indoor area or structure or portion thereof, open to the public, which contains four or more coin-operated games and/or similar entertainment and amusement devices.
- INOPERATIVE MOTOR VEHICLE
- Any motor vehicle which is unregistered and inoperative for a period of six successive months or more.
- JUNK VEHICLE
- Any motor vehicle (whether automobile, boat, bus, trailer, truck, motor home, motorcycle or snowmobile, vessel or any other device originally intended for travel on public highways or on water) which is unlicensed, wrecked, discarded or dismantled and which is not intended or in any condition for legal use upon the public highway or waters. When referring to agricultural vehicles or other special purpose vehicles (such as for hunting and snowplowing), the term means any motor vehicle which is incapable of motion under its own power.
- An area of land, with or without buildings, primarily used for the storage, outside of a completely enclosed building, of used and discarded materials, house furnishings, machinery, vehicles or parts thereof, including junk, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more inoperative motor vehicles or the major parts of two or more such vehicles shall be deemed to make the lot a "junkyard."
- Land or building used for the breeding, boarding, training, sale, housing or harboring of five or more dogs or cats, or combination thereof, over six months of age.
- LINEAR FOOT OF SHORE
- The horizontal lineal distance measured in a straight line
between the lot lines at the mean high-water mark. Linear foot of
shore for developments that involve alteration of shore will be measured
at the natural mean high-water mark before such alteration. The mean
high-water tie line of the adjacent upland parcel, which is described
in the defintion of "water rights line," Subsection A, herein, determines
the linear feet of shore.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- LIVESTOCK OPERATION
- Includes the raising of cattle, pigs, horses, chickens and other similar farm animals for commercial gain.
- A parcel of land used or occupied or capable of being used or occupied by a building or structure and the accessory buildings, structures or uses customarily incident to it, including such yards as are required by this chapter.
- LOT AREA
- Total area within the property lines, excluding any part thereof lying within the boundaries of a public street or proposed public street.
- LOT, CORNER
- A parcel of land at the junction of and bounded on two or more intersecting streets.
- LOT DEPTH
- A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
- LOT LINE
- Any line dividing one lot from another or bounding a lot.
- LOT OF RECORD
- Any lot which, individually or as a part of a subdivision, has been recorded in the County Clerk's office and for which proof can be given that the lot was intended for development prior to adoption of this chapter.
- LOT WIDTH
- The mean horizontal distance between the side lot lines measured at right angles to the lot depth.
- MANUFACTURED HOUSING
- A building designed for long-term residential use having the following characteristics:
- MANUFACTURING PLANT
- Establishments engaged in the mechanical or chemical transformation of materials or substances into new products.
- Any lot, building, structure or part thereof located on the
waterfront and providing docking and secure mooring facilities for
yachts, motor boats, sailboats and other marine vehicles or craft.
Includes the sale, rental and/or storage of marine and boating vehicles,
as well as supplies, service, repair and other related facilities
and/or operations necessary to maintain such craft.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- MEAN HIGH-WATER MARK
- The location where the mean high-water levels intersect with
the adjacent upland parcel.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- MEAN LOW- AND HIGH-WATER LEVELS
- The approximate average low-water level or high-water level
for a given body of water at a given elevation, determined by reference
from survey datum provided by the United States Geological Service
(USGS). The mean low/high-water level for Alexandria is according
to data from the New York State Office of General Services.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- MEAN LOW-WATER MARK
- The location where the mean low-water level intersects with
the adjacent upland parcel.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- MEDICAL FACILITIES
- Any building, portion of a building or use thereof which is used in the diagnosis and/or treatment of medical ailments.
- MOBILE HOME
- Manufactured housing built on a chassis. A "mobile home" shall be construed to remain a "mobile home," subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. This does not include recreational vehicles or sectional prefabricated houses.
- MOBILE HOME PARK
- Any lot under single ownership on which three or more mobile homes are located, regardless of whether or not a charge is made for accommodations.
- MODULAR HOME
- A dwelling unit which is manufactured in two or more sections off-site and transported to the construction/placement site and assembled there. All "modular homes" shall only be permitted on a permanent foundation.
- MOORING and MOORING BUOY
- A floating object anchored to the bed of the St. Lawrence
River but not to the shore, to which a boat could be attached for
waterside storage.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- A building or group of buildings, whether detached or in connected units, used as individual sleeping or living quarters with direct outside access and related office, with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities.
- MOTOR VEHICLE SALES
- Enclosed establishment for display and sale of new and used motor vehicles, trailers, mobile homes or boats.
- MOTOR VEHICLES, INOPERATIVE
- As they are related to agricultural use, any motor vehicle which is incapable of motion under its own power.
- NONCONFORMING USE
- A building, structure or use of land and structure which is not in conformity with the terms of this chapter at the time of enactment thereof or any structure substantially under construction on the effective date of this chapter and substantially completed within one year of the effective date of this chapter.
- NOXIOUS USE
- Any use which is noxious, offensive or injurious by reason of the emission of dust, smoke, refuse matter, odor, gas, fumes noise or vibration. The term includes the operation of a hog farm, fur farm, slaughtering house or rendering works.
- NURSING HOME
- A dwelling where persons are lodged and furnished with meals and nursing care for commercial purposes. This shall not include homes for the mentally handicapped, drug or alcohol rehabilitation patients, etc.
- A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
- OFF-STREET PARKING FACILITY
- A space for parking off the public streets and places in the village.
- All contiguous land described in a single deed, lease, mortgage or other conveyance.
- PARKING SPACE
- An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and accesses thereto, and having direct access to a street or highway.
- The type of construction for any dock, boathouse, boat station,
or boat accessory structure that is anchored to the underwater land
and intended not to be removed each season.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- PERMITTED USE
- Any use permitted under the provision for the district in which the land, building or structure is located.
- PERSONAL WATERCRAFT
- A vessel which uses an inboard motor powering a water jet
pump as its primary source of propulsion and which is designed to
be operated by a person sitting, standing in or kneeling on, or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- PIER or WHARF
- Any structure extending out into or over the water, built
upon fill, which shall include, but shall not be limited to, earth,
clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary),
ashes, cinders, slag, metal, whether or not enclosed, or containing:[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- PLANNING BOARD
- The Planning Board of the Village of Alexandria Bay.
- POOL, SWIMMING
- A structure or facility constructed to hold water at least three feet deep and used by either private or public parties for recreational purposes.
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which such building is located.
- PRINCIPAL USE
- The main or principal purpose for which any land, building or structure is used or occupied.
- PUBLIC ASSEMBLY USE
- Includes an auditorium, theater, public hall, school hall, meeting hall, church and temple.
- PUBLIC GARAGE
- Any garage operated for gain which is used or occupied for the storage, repair, rental, servicing, adjusting or equipping of automobiles or other motor vehicles.
- REAR YARD
- The yard between the rear building line and the rear lot line and extending the full width of the lot.
- RECREATION AREA/FACILITY
- A municipally or privately owned and operated swimming pool, open space, tennis court, athletic field or similar area or facility for recreational use.
- RECREATION VEHICLE
- Includes a motor home, a truck camper or camping trailers less than 48 feet in length and used for recreational purposes.
- RELIGIOUS INSTITUTION
- Includes a church, temple, parish house, convent, seminary and retreat house.
- Any establishment at which food is sold for consumption to patrons seated in an enclosed building or on the premises.
- RETAIL OR WHOLESALE STORE, LARGE
- A retail or wholesale store with more than or equal to 7,500 square feet of gross floor area.
- RETAIL OR WHOLESALE STORE, SMALL
- A retail or wholesale store with less than 7,500 square feet of gross floor area.
- ROAD LINE
- Right-of-way line of a road as dedicated by a deed or record. Where the width of the road is not established, the "road line" shall be considered to be 25 feet from the center line of the road pavement.
- SALVAGE YARD
- Any lot, building or part thereof used or occupied for the collecting, storage, salvage, processing, dismantling or sale of any of the following materials collected or received from sources off the premises: wastepaper, rags, scrap or discarded metals or materials or machinery, equipment or vehicles not in running condition and parts thereof.
- SATELLITE DISH ANTENNA
- A permanently or temporarily placed dish-shaped antenna used for the purpose of receiving microwave television signals from earth-orbiting satellites.
- Includes parochial, private, public and nursery schools and a college university and accessory uses and shall exclude a commercial operated school of beauty culture, business, dancing, driving, music and similar establishments.
- SERVICE STATION
- See definition for "automobile service station."
- SHOPPING CENTER
- A group of commercial establishments, three or more, built on a site that is planned, developed, owned and managed as an operating unit related in location, size and type of shops to the trade area that the unit serves and providing on-site parking in definite relationship to the type and total size of the stores.
- SIDE YARD
- The yard between the side lot and the nearest side building line and extending from the rear line of the front yard to the front line of the rear yard.
- Any kind of billboard, signboard, pennant or other shape or device or display used as an advertisement, announcement or direction. Such a notice may be incorporated onto a building surface, be freestanding or be attached.
- SIGN, ADVERTISING
- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the premises or elsewhere than where the sign is located.
- SIGN, FREESTANDING
- Any sign supported by its own base(s) or hung from above in cantilever fashion from a building.
- SINGLE-FAMILY HOME (PERMANENT)
- Shall have a minimum of 720 square feet of floor area at ground level exclusive of garages, porches and other similar accessory attachments.
- SPECIAL FLOOD HAZARD AREA
- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year or those properties located within the one-hundred-year floodplain.
- A public thoroughfare for motor vehicles which affords the primary means of access.
- Any combination of materials which forms a stable construction or fabrication. The term includes platforms, stadiums, towers, posts, billboards and signs but is not intended to include conventional sidewalks, driveways, curbs or fences, hedges or walls.
- A. Any commercial equipment used in connection with the provision of wireless communications services, including cellular telephone services, personal communications services, radio and television broadcast communications and private radio communications services, and are regulated by the Federal Communications Commission, both in accordance with the Telecommunications Act of 1996 and other federal laws. A telecommunications facility shall include monopole, guyed and latticework tower(s) and other similar structures, as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures and buildings.
- B. The following types of telecommunications facilities are not subject to the provisions of this chapter:
- TEMPORARY or SEASONAL
- The type of construction for any waterside structure that
is intended to be removed each season.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- TOURIST ACCOMMODATIONS
- Any permanent building or part thereof which is used or occupied for the overnight accommodation of transient guests and for which compensation is given. The term includes tourist homes, tourist cabins, hotels, auto courts and motels but does not include camps or trailer camps.
- Includes any vehicle used as sleeping or living quarters mounted on wheels or a camper body usually mounted on a truck and any vehicle which is customarily towed by a motor vehicle and used for carrying goods, equipment, machinery or boats or as an office.
- The specific purpose for which any land, building or structure is used or occupied.
- USED or OCCUPIED
- Used or occupied or intended, arranged or designed to be used or occupied.
- VETERINARY SERVICES
- A building, portion thereof or use which is principally used in the treatment and convalescence of ailing animals. Such a facility may also be used to board animals. It is usually staffed by a trained veterinarian and/or other professionals/workers.
- A facility of wood, stone or other materials or combination thereof intended for defense, security, screening, partitioning or enclosure or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. A fence shall be considered a "wall."
- Includes a warehouse, wholesale establishment, discount house, bulk storage and bulk sales outlet.
- WASTE MATTER
- Any refuse, rubbish, waste matter, litter, garbage, decomposable or organic matter, putrescible matter, carcass, sewage, excrement, swill, slops, malodorous or obnoxious liquids or substances, ashes, tin cans, crates, boxes, easily combustible matter or other substances or material offensive to the public or detrimental to its health.
- WATER RIGHTS LINE
- The lines that are used solely for determining the boundaries
for the placement of waterside structures, and all other facilities
subject to this law. The method for establishing water rights lines
is as follows:[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- A. Water rights line. Waterside structures shall be placed within the water rights line of the parcel so as not to interfere with the waterside usage of adjacent parcels. Water rights lines are determined using the following method (See Figure 1):
- (1) Determine the four points where the mean high-water mark intersects the property lines of the parcel and the two adjoining shore parcels.
- (2) Connect the points of intersection with straight lines. These lines are called mean high-water tie lines.
- (3) Where two mean high-water tie lines meet, measure the angle on the waterside.
- (4) Bisect (or divide by two) that waterside angle measurement. The bisecting line, projected out over the waterside, is the water rights line.
- B. It is the owner's responsibility to determine water rights lines. The Zoning Enforcement Officer can be contacted for assistance if necessary.
- WATER-DEPENDENT USE
- An activity which can only be conducted on, in, over or adjacent
to a water body because such activity requires direct access to that
water body and which involves, as an integral part of such activity,
the use of the water (i.e., commercial and recreational boating and
fishing, swimming, marinas, facilities for shipping, ferry landings).[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- WATER-ENHANCED USE
- An activity which does not require a location adjacent to
coastal waters, but whose location on the waterfront adds to the public
use and enjoyment of the water's edge (i.e., restaurants, parks,
hotels, and shops).[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- The water side of the mean high-water mark.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- WATERSIDE STRUCTURES
- All temporary or permanent structures located on the waterside
of the mean high-water mark.[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
- Generally determined to mean that unoccupied open space (from the ground upward) between the building line and the nearest lot line or street line.
- ZONING ENFORCEMENT OFFICER (ZEO)
- The person appointed by the Mayor, subject to Village Board approval, to carry out the regulations of this chapter.
Editor's Note: Figure 1 is included as an attachment to this chapter.