As used in this chapter, the following terms shall
have the meanings indicated:
ADULT USE
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting describing or
relating to specified sexual activities or specified anatomical activities,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult motels, adult
motion-picture theaters, adult novelty stores, and massage establishments.
[Added 9-9-2002 by L.L. No. 2-2002]
ADULT ARCADE
An establishment where, for any form of consideration, one
or more still or motion picture projectors, slide projectors, or similar
machines, or other image-producing machines, for viewing for five
or fewer persons each, are regularly used to show films, motion pictures,
videocassettes, slides, or other photographic reproductions, which
are characterized by the depiction, or description of specified sexual
activities or specified anatomical activities.
[Added 9-9-2002 by L.L. No. 2-2002]
ADULT BOOKSTORE OR VIDEO STORE
A business which derives 25% or more of its gross income
from the sale or rental of, or utilizes 25 or more of its retail selling
area for, any one of the following: books, magazines, periodicals,
films, motion pictures, videocassettes, slides, compact discs and/or
computer generation or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
[Added 9-9-2002 by L.L. No. 2-2002]
ADULT CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which regularly features:
[Added 9-9-2002 by L.L. No. 2-2002]
(1)
Persons who appear nude or in a state of nudity
or semi-nudity; or
(2)
Live performances which are characterized by
the exposure of specified anatomical activities or by specified sexual
activities; or
(3)
Films, motion pictures, videocassettes, slides,
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical activities.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of
his or her body identified in the definition of "specified anatomical
activities".
[Added 9-9-2002 by L.L. No. 2-2002]
ADULT MOTEL
A hotel, motel, or similar business which:
[Added 9-9-2002 by L.L. No. 2-2002]
(1)
Offers public accommodations, for any form of
consideration, which provide patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions characterized by the depiction or
description of specified sexual activities or specified anatomical
activities and which advertises the availability of this sexually
oriented type of material by means of a sign visible from the public
right-of-way, or by means of any off-premises advertising, including,
but not limited to, newspapers, magazines, pamphlets or leaflets,
radio or television; or
(2)
Offers a sleeping room for rent for a period
of time less than 10 hours; or
(3)
Allows a tenant or occupant to subrent the sleeping
room for a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical activities for observations
by patrons therein.
[Added 9-9-2002 by L.L. No. 2-2002]
ADULT NOVELTY STORE
A business which derives 25% or more of its gross income
from the sale or rental of, or utilizes 25% or more of its retail
selling area for, any form of consideration, instruments, devices,
or paraphernalia which are designed for use or marketed primarily
for stimulation of human genital organs or for sadomasochistic use
or abuse of themselves or others.
[Added 9-9-2002 by L.L. No. 2-2002]
AGRICULTURAL TOURISM, AG-TOURISM, and/or AGRITOURISM
The practice of visiting an agribusiness, horticultural,
or agricultural operation, including, but not limited to, a farm,
orchard, winery, a companion animal or livestock show, for the purpose
of purchase, recreation, education, or active involvement in the operation,
other than as a contractor or employee of the operation. In order
to be included under this definition, an activity or use must occur
on a farm that is actively producing agricultural products for purchase
and sale. It may include any farm marketing or agricultural tourism
endeavor such as farm markets, farm direct marketing, farm stays,
farm visits, roadside markets or stands, U-pick operations, rent-a-tree
operations, community-supported agriculture, rural tourism, agricultural
museums, corn mazes, cider mills, pumpkin patches, petting farms,
on-farm retail meat shops, on-farm retail dairies and creameries,
on-farm woolen goods shops, maple syrup farms, wineries, Christmas
tree farms, multifarmers' markets, on-farm retail nurseries, on-farm
gift shops, on-farm flowers, herbs and spices stores, on-farm bakeries,
and on-farm restaurants or cafes. "On-farm" means an activity occurring
upon a working farm. Agritourism includes the following related products
and uses:
[Added 4-8-2013 by L.L. No. 1-2013]
(1)
AGRICULTURALLY RELATED PRODUCTSItems sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice-cream-based desserts and beverages, jams, honey, gift items, foodstuffs, clothing and other items promoting the farm and agriculture in New York and value-added agricultural products and production on site.
(2)
NON-AGRICULTURALLY RELATED PRODUCTSThose items not connected to farming or the farm operation, such as novelty T-shirts or other clothing, crafts and knickknacks imported from other states or countries, etc.
(3)
AGRICULTURALLY RELATED USESThose activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes, etc.
(4)
NON-AGRICULTURALLY RELATED USESActivities that are part of an agritourism operation’s total offerings but not tied to farming or the farm’s buildings, equipment, fields, etc. Such non-agriculturally related uses include but are not limited to amusement rides, concerts, seasonal events, hosting meetings, weddings, parties, etc.
AGRICULTURE
Includes farming; ranching; aquaculture; apiculture; horticulture;
viticulture; animal husbandry, including, but not limited to, the
care and raising of livestock, equine, and fur-bearing animals; poultry
husbandry and the production of poultry and poultry products; dairy
production; the production of field crops, fruits, vegetables, nursery
stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms;
timber; pasturage; any combination of the foregoing; the processing,
composting, drying, storage, and marketing of agricultural products
when those activities are conducted in conjunction with, but are secondary
to, such husbandry or production. Also included under this definition
is any use or activity not listed above but included in the definition
of "agriculture" set forth in New York State Agriculture and Markets
Law as now constituted or hereafter amended.
[Added 4-8-2013 by L.L. No. 1-2013]
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or an enlargement, whether by extending on
a side or by increasing in height, or moving from one location or
position to another.
AREA
(1)
LOT AREAThe total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way.
(2)
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
(3)
FLOOR AREAThe sum of the areas of the several floors of building structure, including areas used for human occupancy and basements, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches and attics not used for human occupancy.
BASEMENT
A story partly underground, but having 1/2 or more of its
height (measured from floor to ceiling) above the average level of
the adjoining ground. A "basement" shall be counted as a story for
the purpose of height measurements or determining square footage.
BOARDINGHOUSE
A dwelling in which three or more persons are housed or lodged
for hire, with or without meals, including bed-and-breakfast establishments.
BUILDING
A structure having a roof which is used or intended to be
used for the shelter or enclosure of persons, animals or property.
The word "building" shall include any part thereof.
(1)
BUILDING, ACCESSORYA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an "accessory building."
(2)
BUILDING, PRINCIPALA building in which is conducted or is intended to be conducted the principal use of the lot on which it is located.
BUILDING COVERAGE
That percentage of the plot or lot area covered by the building
area.
BUILDING HEIGHT
A vertical distance measured from the mean elevation of the
proposed finish grade at the front of the building to the highest
point of the roof for flat roofs, to the decklines of mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
BUILDING LINE
A line connecting points in each side line equidistant from
the street line beyond which no portion of a building, including porches,
shall extend, other than steps, eaves and/or cornices.
BUSINESS
Any commercial enterprise, association or arrangement for
profit.
[Added 9-9-2002 by L.L. No. 2-2002]
CELLAR
A story partly underground and having more than 1/2 of its
height (measured from floor to ceiling) below the average level of
the adjoining ground. A "cellar" shall not be considered in determining
the permissible number of stories or square footage.
CODE
Code of the Town of Brutus, as amended.
[Added 9-9-2002 by L.L. No. 2-2002]
CONDOMINIUM
A system of separate ownership of individual units or apartments
in a multiunit project.
DAY-CARE CENTER
A building designed to provide care and supervision for four
or more children operated on a fee basis.
DISSEMINATION
The transfer of possessions, custody, control or ownership
of or the exhibition or presentation of any performance to a person,
customer, member of the public or business invitee of any material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical activities.
[Added 9-9-2002 by L.L. No. 2-2002]
DOG KENNEL
A land use or structure in which three or more dogs older
than two months are kept or harbored.
DRIVE-IN FACILITIES
Any retail or personal service or office, excluding gasoline
service centers, that provides goods or services to customers remaining
in or by their vehicles or being served outside of the principal structure,
including but not limited to drive-in restaurants and banks.
DUMP
Land used primarily for the disposal by abandonment, dumping,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
DWELLING
A building designed or used exclusively for one or more dwelling
units.
(1)
(a)
Only one dwelling unit from ground to roof;
(b)
Independent outside access; and
(2)
TWO-FAMILY DWELLINGA building designed for or occupied exclusively by two families living independently of each other.
(4)
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
FAMILY
One or more persons occupying a dwelling unit as a nonprofit
household unit. More than three persons, exclusive of issue and full-time
servants, not related by blood, marriage or adoption shall not be
considered to constitute one "family."
FOUNDATION AREA
The square footage included with the building footprint,
exclusive of attached garage (exterior dimensions of the foundation).
GARDEN APARTMENT
A building arranged to be occupied by three or more families
living independently of each other, which may have joint or common
utility services and which have separate exterior access to each apartment.
GASOLINE SERVICE STATION
A building or other structure or lot used primarily for the
servicing of motor vehicles. It may include a retail place of business
engaged primarily in the sale of motor fuels and petroleum products
and in supplying goods and services generally required in the operation
and maintenance of motor vehicles, lubrication services, routine automotive
maintenance and repair and the sales of consumables intended primarily
for the traveling public.
HOME OCCUPATION
Any use customarily conducted entirely within the principal
structure and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the principal structure
and does not change the character thereof. The foregoing applies also
to professions and trades.
HOSPITAL
An institution, sanatorium, clinic, rest home, nursing home,
convalescent home, senior citizen's home, retirement home and any
other place for the diagnosis, treatment or care of people.
HOSPITAL, ANIMAL
An establishment for the temporary occupation by sick or
injured animals for the purpose of medical diagnosis, treatment or
care of animals during recovery.
HOTEL
A building containing rooms intended or designed to be used
primarily for sleeping accommodations by paying guests.
JUNK VEHICLE
A wrecked motor vehicle, an incomplete or partially dismantled
vehicle requiring annual inspection but not in condition to pass annual
inspection, or parts of a vehicle.
JUNKYARD
A lot, land or structure or any part thereof used for the
collection, storage or sale of wastepaper, rags, scrapping metal or
discarded material or for the collecting, dismantling, storage or
salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof.
LIGHT MANUFACTURING AND PROCESSING
Manufacturing and processing activities confined to enclosed
structures and not offensive to adjoining uses by sight, sound or
odor, including but not limited to parts assembly and fabrication.
LIVING AREA
The interior square footage of all habitable rooms within
a dwelling unit, not including walls and partitions.
LOT
A parcel of land used or set aside and available for use
as the site of one or more buildings and buildings accessory thereto
for any other purpose, in one ownership and not divided by a street,
nor including any land within the right-of-way of a public or private
street upon which said "lot" abuts, even if the ownership to such
way is in the owner of the "lot." A "lot" for the purpose of this
chapter may or may not coincide with a lot of record.
(1)
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a "corner lot" if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines intersect at an angle of less than 135°.
(2)
THROUGH LOTSAn interior lot having frontage on two parallel or approximately parallel streets.
(3)
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line in the general direction of the side lines of the lot.
(4)
LOT WIDTHThe distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, "lot width" shall be measured between such line and the opposite rear lot line or street line.
MASSAGE
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto exposes his or her specified anatomical areas.
[Added 9-9-2002 by L.L. No. 2-2002]
MASSAGE ESTABLISHMENT
Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include persons licensed or authorized pursuant to Article
55 of the Education Law, or specifically exempt from Article 155 of
the Education Law. (See Education Law § 7800 et seq.)
[Added 9-9-2002 by L.L. No. 2-2002]
MOBILE HOME
See Article
XIV.
[Amended 1-16-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No.
2-1991]
MOBILE HOME PARK
Any lot where two or more mobile homes are located, regardless
of whether or not a charge is made for such accommodations.
MOTOR VEHICLE
Any motorized device designed primarily for the movement
or transportation of persons or property over land, including but
not limited to motorcycles, snowmobiles, all-terrain vehicles, automobiles,
trucks, tractors and lawn mowers.
NURSERY SCHOOL
A building designed to provide daytime care and instruction
for three or more children from two to five years of age inclusive,
and operated on a fee basis.
OFFICES
Professional, business and bank structures or portions thereof
utilized for the transaction of business, administrative operations
or personal services, but excluding the sale and exchange of merchandise
associated with retail services.
PERSON
Any individual, firm, partnership, corporation, association,
business entity or legal representative, acting individually or jointly.
[Added 9-9-2002 by L.L. No. 2-2002]
PERSONAL SERVICES
Rendition or sale of services to the person without any or
only incidental sale of merchandise, including but not limited to
beauty parlors, barbershops and photographic studios and baby-sitting
service, excluding dry cleaners and laundromats.
PRIVATE GARAGE
An attached structure to a dwelling or a detached structure
used in connection with the dwelling for the housing of motor vehicles
of the dwelling occupants, in which structure no repairs or service
to motor vehicles of others shall be allowed.
PUBLIC GARAGE
An establishment used in any manner for the business of repairing
and servicing motor vehicles.
REAR YARD SETBACK
The distance between the rear lot line and a line parallel
to the rear foundation of any building on the lot.
RESTAURANTS
Establishments for the on-premises consumption of food and
beverages at sit-down facilities, including but not limited to cafes,
luncheonettes, taverns and bars.
RETAIL STORE
Establishments for the display and retail sale of all manner
of products or merchandise, including grocery, hardware and clothing.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means
of travel.
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping
but not for cooking or eating purposes and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified for purposes of this
chapter not as a "roomer, boarder or lodger," but as a guest of a
commercial lodging establishment (motel, hotel, tourist home).
SEWER
(1)
PUBLIC SEWERAny municipal sewer system in which sewage is collected from buildings and pipes to an approved sewage disposal plant or central septic tank system. Said system shall be off-lot or off-site.
(2)
PRIVATE SEWERAn on-lot septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
SHOPPING CENTER
A parcel of land developed in accordance with a common scheme
or design, containing three or more adjoining retail stores, personal
service shops or office uses with common parking and driveway facilities,
signage or other accessory accommodations. This term shall include
strip shopping centers and shopping malls.
SIGN
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any letter, word, model, banner, flag, pennant, insignia,
device or representation used as or which is to be in the nature of
an announcement, direction or advertisement. A "sign" includes any
billboard. A "sign" does not include temporary real estate "for sale"
A-shaped signs, political campaign signs or paper posters announcing
temporary events, provided that such are not in excess of four square
feet (length by width).
(1)
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" sign or a "to let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
(2)
ADVERTISING SIGNAny sign designed to direct attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
(3)
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(4)
FLASHING SIGNAny illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when in use.
SPECIFIED SEXUAL ACTIVITIES[Added 9-9-2002 by L.L. No.
2-2002]
(1)
Human genitals in a state of sexual stimulation
or arousal.
(2)
Acts of actual or simulated human masturbation,
sexual intercourse, oral copulation or sodomy.
(3)
Fondling or other intentional erotic touching
of human genitals, pubic region, buttocks, anus or female breasts.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) of this definition.
STORY
That part of a building located between a floor and the floor
or roof next above. A half-story is a "story" under a gable, hip or
gambrel roof the wall plates of which, on at least two exterior walls,
are not more than two feet above such "story."
STREET
A public or private way used or intended to be used for passage
or travel by motor vehicles.
STREET LINE
The dividing line between the street and the lot. The "street
line" shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the "street line."
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
a location on the ground or attachment to something having a location
on the ground.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than one foot used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above ground. A "swimming pool," including all decking and terraces,
shall be deemed a structure for all purposes.
TOWN
The Town of Brutus.
[Added 9-9-2002 by L.L. No. 2-2002]
TOWNHOUSE
A building consisting of a series of noncommunicating one-family
sections under separate ownership having a common wall between each
two adjacent sections with each section having separate utility services
and each section being located on a separate filed lot.
USE
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
(1)
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and customary in connection with the principal use.
YARD
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required "yard" shall be measured
as the shortest distance between the structure and a lot line or street
line.
(1)
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are "front yards." In the case of a lot, other than a corner lot, that fronts on more than one street, the yards extending along all streets are "front yards."
(2)
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
(3)
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a "side yard."