Town of Brutus, NY Article II Definitions and Word Usage

§ 125-3 Definitions and word usage.

A. Unless a contrary intention clearly appears, the following words or phrases shall have for the purpose of this chapter the meanings given in the following clauses.

B. For the purpose of this chapter, words and terms used herein shall be interpreted as follows:

(1) Words used in the present tense include the future.

(2) The singular includes the plural.

(3) The "person" includes a corporation, partnership and association as well as the individual.

(4) The word "lot" includes the words "plots" or "parcel."

(5) The term "shall" is mandatory.

(6) The term "may" is permissive.

(7) 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 occupied."

C. Any word or term not defined herein shall be used with a meaning of standard usage.

D. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY

(1) ACCESSORY BUILDING See the definition of "building," Subsection (1).

(2) ACCESSORY USE See the definition of "use," Subsection (1).

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 PRODUCTS Items 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 PRODUCTS Those 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 USES Those 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 USES Activities 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 AREA The 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 AREA The 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 AREA The 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, ACCESSORY A 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, PRINCIPAL A 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) ONE-FAMILY DETACHED DWELLING A dwelling having:

(a) Only one dwelling unit from ground to roof;

(b) Independent outside access; and

(c) Open space on all sides.

(2) TWO-FAMILY DWELLING A building designed for or occupied exclusively by two families living independently of each other.

(3) MULTIPLE-FAMILY DWELLING A building used or designed as a residence for three or more families living independently of each other.

(4) DWELLING UNIT Any 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).

FRONT FOUNDATION LENGTH

Length of the front wall of the dwelling facing the street, excluding any attached garage.

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 LOT A 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 LOTS An interior lot having frontage on two parallel or approximately parallel streets.

(3) DEPTH OF LOT The 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 WIDTH The 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.

LOT LINE

Any boundary line of a lot.

MANUFACTURED HOME

See Article XIV.

[Amended 9-9-1991 by L.L. No. 2-1991]

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.

NONCONFORMING STRUCTURE, LOT OR USE

See § 125-51.

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.

PRINCIPAL

(1) PRINCIPAL BUILDINGS See definition of "building," Subsection (2).

(2) PRINCIPAL USE See definition of "use," Subsection (2).

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 SEWER Any 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 SEWER An 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 SIGN A 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 SIGN Any sign designed to direct attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

(3) ILLUMINATED SIGN Any 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 SIGN Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when in use.

SPECIFIED ANATOMICAL ACTIVITIES

[Added 9-9-2002 by L.L. No. 2-2002]

(1) Less than the completely and opaquely covered human genitals, pubic region, pubic hair or buttocks or female breast or breasts below a point immediately above the top of the areola.

(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.

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.

TRAVEL TRAILER, RECREATIONAL VEHICLE OR STRUCTURE

See Article XIV.

[Amended 1-16-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No. 2-1991]

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, ACCESSORY A use located on the same lot with a principal use and clearly incidental or subordinate to and customary in connection with the principal use.

(2) USE, PRINCIPAL The main use of the lot.

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, FRONT A 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, REAR A yard between a structure and a rear lot line and extending the entire length of the rear lot line.

(3) YARD, SIDE A 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."