As used in this chapter, the following terms shall have the meanings indicated:
ABANDONEDThe lawful use of any structure or land having ceased for a period of 12 consecutive months or longer shall be termed abandoned.
ACCESSORY DWELLING UNITA dwelling unit that is permitted with limitations in conjunction with a principal permitted use.
ACCESSORY STRUCTUREA structure customarily incidental and subordinate to the principal structure on the property and is physically detached from the principal building, including play structures, garages, sheds, etc.
ACCESSORY USEA use customarily incidental and subordinate to the principal use on the property.
ADULT USE BUSINESSESAny establishment or 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 areas, including but not limited to adult bookstores, adult motion-picture theaters, adult entertainment cabarets and adult mini-motion-picture theaters. Furthermore, for purposes of this chapter, an adult massage parlor, private modeling establishment and steam bath establishment shall be considered to be an "adult use business" covered by this chapter.
AGRICULTURAL PROCESSING PLANTAn enclosed building or facility for the refinement, treatment, or conversion of agricultural products where physical, chemical, or similar change of an agricultural product occurs. Examples of agricultural processing include but are not limited to cannabis processors, packing houses, cold storage houses, fruit dehydrators, hulling operations, and the sorting, cleaning, packing and storing of agricultural products preparatory to sale and/or shipment in their natural form, including all uses customarily incidental thereto. Agricultural processing shall not include wineries or commercial manufacturing of secondary products using agricultural products, such as kitchens, bakeries, breweries, woodworking and wood processing plants, or biofuel processing.
AGRICULTUREThe use of land, buildings, structures, equipment, manure processing and handling facilities, and farming practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise or a hobby, and including commercial horse boarding operations as defined in the Agriculture and Markets Law (AML) Article 25-AA, § 301. This includes, but is not limited to the following: orchards and vineyards, vegetable crops, hops, greenhouse/nursery production of horticultural and floriculture crops, greenhouse vegetable production, harvested agronomic crops (corn, soybeans, small grains), hay and pasture, livestock and poultry raised for food and fiber, and animals raised for recreation or sale (e.g., horses, alpaca/llama), beekeeping, aquaculture (fish production), silviculture (timber, firewood), agroforestry (forest farming) including maple, energy production including energy from manure or biomass crops.
ALLEYA narrow service street or passage less than 22 feet between properties or buildings.
ALTERATIONAny change, rearrangement or addition to or any relocation of a building or structure; any modification in construction or equipment.
ANIMAL HOSPITALA facility providing animal medical care and crematorium services, run by a licensed Doctor of Veterinary Medicine (DVM). Animal hospitals may allow overnight animal patients, but are not boarding facilities.
ANTENNAA system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television and microwave communication. The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
APARTMENT BUILDINGA purposefully designed and built structure containing two or more dwelling units. Such structure may be the result of adaptive reuse and complete rehabilitation of a nonresidential building.
APARTMENT COMPLEXMore than one apartment building designed or used solely for residential purposes, detached from one another and grouped together on a single parcel.
ARTIST STUDIOA place where artists, artisans, craftsmen and skilled tradespeople produce custom-made art or craft products, where they teach such skills, and/or where they sell such art or products.
AUTO WRECKINGThe dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
AUTO WRECKING YARDA facility including buildings and land area where auto wrecking occurs.
AWNINGA roof-like protective cover over a door, entrance, window or sidewalk dining area that projects from the face of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics.
BAKERY, COMMERCIAL/WHOLESALEAn establishment engaged in the preparation and production of baked goods for transport and sale off site. The limited retail sale of baked goods may occur as an incidental or accessory use.
BAKERY, RETAILA commercial establishment engaged in the preparation and production of baked goods for direct sale to the general public.
BARAn establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption during any period of the day as permitted by law. Such an establishment is subject to the regulatory authority of the New York State Liquor Authority. The incidental sale or provision of food or snacks shall not entitle such as a use to be considered a restaurant under other provision of this chapter.
BED-AND-BREAKFASTAn accessory use of an owner-occupied dwelling used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.
BERMAn earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
BREW PUBA brew pub allows for the brewing of beer on-premises, as well as on-premises sale of liquor, wine, and beer. A brew pub license holder must have a bonafide restaurant, and may have up to five separate locations. In accordance with New York State's Alcoholic Beverage Control (ABC) Law, brew pub license holders may produce up to 5,000 barrels of beer per location per year, not to exceed an annual total of 20,000 barrels across all locations. (Barrel: 31 US gallons.)
BREWERYA commercial establishment for the manufacturing of malt liquors, such as beer and ale. When located on a single site, this definition shall include all activities associated with the preparation of raw materials, the manufacture of product, and its packaging and distribution.
BUFFERA combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features.
BUILDING COVERAGEThe maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located (including covered porches, carports and breezeways but excluding open patios).
BUILDING HEIGHTThe vertical distance from the average elevation of the proposed finished grade at the front of the building to the average height of the highest roof surface.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
[Added 6-20-2019 by Ord. No. 7-2019]
BUILDING PERMITA building permit issued by the City based upon plans that comply with all applicable codes, statutes, laws, rules, regulations and necessary approvals.
BUILDING SITEThat portion of the lot or parcel of land upon which a building and appurtenances are to be placed or are already existing, including adequate areas for yards, setbacks, sewage disposal, clearances, proper drainage, appropriate easements, and, if applicable, the requirements of other chapters of the Code of the City of Auburn.
BUILDING, ACCESSORYA subordinate structure, the use of which is customarily incidental to that of the principal building, and located on the same lot as the principal building. Refer to "accessory structure."
BUILDING, PRINCIPALA building in which is conducted the main use of the lot on which said building is located.
CANOPYA multisided overhead structure or architectural projection supported by attachment to a building on one or more sides.
CEMETERYLand used or intended to be used for the burial of deceased human beings and dedicated for such purpose, including crematories, mausoleums or mortuaries when operated within its boundaries.
CERTIFICATE OF APPROPRIATENESSAn approval of any plans for alteration, construction, removal or demolition of an historic structure of site within an historic district.
CERTIFICATE OF COMPLIANCEOfficial certification from the Code Enforcement Officer acknowledging an acceptable use of land or structure in accordance with this chapter.
CERTIFICATE OF OCCUPANCYOfficial certification that a premises conforms to the provision of the Zoning Ordinance, Building Code, and other applicable regulations, and may be used or occupied.
COMMERCIAL KITCHENAn establishment where space is leased or otherwise shared by individuals for short periods of time to process, typically only in small quantities and only periodically, the food that they grow or produce, primarily for purposes of selling or distributing off-site. The facility shall satisfy the requirements of the Cayuga County Health Department for the preparation of food that will be sold or distributed to the public.
COMMERCIAL MESSAGE or COMMERCIAL SPEECHAny wording, logo or other visual representation that draws the public's attention to a particular product to promote the product's advertisement and/or sale. For the purpose of this chapter, the presence of an economic motivation by the speaker shall be nondeterminative evidence that the expression constitutes commercial speech.
CONFERENCE/CONVENTION CENTERA large building designed to accommodate the gathering of individuals and groups to promote and share a common interest. These uses typically offer sufficient floor area to accommodate several hundred or thousands of attendees, and may offer separate spaces such as concert halls, lecture halls, meeting and conference rooms.
CONTRACTOR'S YARDAn enclosed parcel of land, structure(s) or a combination thereof used for the storage of machinery, equipment and nonhazardous materials required for construction.
CONVERSIONA change in residential occupancy of a residential building, generally by alteration or by other reorganization as to increase the number of families or dwelling units in a structure.
CULTURAL USE FACILITY/MUSEUMAny building, room or area designed or utilized primarily for the presentation to the general public of cinema, lectures, exhibits of various art forms or exhibits of cultural, historic, academic or scientific material.
CURB CUTA point of ingress or egress that links a parcel of land with a public way, and is an improved pavement with defined limits pursuant to the design requirements of the entity claiming jurisdiction of said public way.
DAY-CARE CENTER/DAY-CARE FACILITYA place other than an occupied residence providing or designed to provide day care for five or more persons on a regularly scheduled basis for more than three but less than 24 hours per day. Also see § 390, 1(c) of the Social Services Law of the State of New York.
DAY-CARE, FAMILY HOMEAn occupied family residence providing day care for three to six children for more than three hours per day. See § 390 of the Social Services Law of the State of New York.
DEAD-END STREETA street or portion of a street with only one vehicular traffic outlet.
DECKA constructed platform other than a patio or terrace that may be attached to a building and/or ground and is located in the side or rear yard. A deck does not have a roof and is not enclosed. Decks are considered a structure and shall conform to required lot setback and coverage requirements, and conform to the New York State Building Code and the New York State Residential Code.
DEED OR TRACT RESTRICTIONSLegal language recorded in an instrument in the chain of title for a lot, which describes specifically limitations or restrictions on the use of the property.
DEMOLITIONThe act or process of wrecking, completely destroying or removing an existing structure, or portion thereof, from a site.
DENSITYThe required land area for each dwelling unit (DU) within a given parcel of land, such as a minimum density of square feet of land area for each dwelling unit.
DESIGN REVIEW COMMITTEEThe Design Review Committee is responsible for reviewing site plans for completeness, code compliance, issues of public health, safety and welfare, and for developing recommendations regarding the project proposal. The Design Review Committee shall be comprised of representatives from City departments including Code Enforcement, Corporation Council, Engineering, Fire, Planning and Economic Development, Municipal Utilities and Police.
DESIGN STANDARDSThe compulsory standards as prescribed within this chapter pertaining to the design and implementation of building and property development within the City of Auburn.
DISTILLERYA facility for the distillation of grains and fruits into alcohol. This includes the manufacturing, bottling, and sale to a wholesaler. The on-site sale of products is permitted.
DISTRIBUTION CENTERA building or structure used primarily for the storage and sale of goods which are intended for subsequent shipment to retail or other commercial outlets.
DORMITORYA building used to provide living quarters to persons for monetary or other consideration in a manner similar to a hotel, but, unlike the occupants of a hotel, the majority of persons residing therein are not transients. A dormitory shall have a resident manager.
DRIVE AISLEThe primary access route connecting access drives and individual parking spaces. Access lanes are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
DRIVE-THROUGHAn accessory use, typically associated with a bank or restaurant, that is designed so that customers can be served while remaining in their cars.
DRIVEWAY, RESIDENTIALA driveway is a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
DRIVEWAY, SHAREDAn area or areas on one or more private residential properties providing access from a public or private road where the usage of said access route is provided to three or fewer lots through an easement agreement. Shared or common driveway access for greater than three residential lots is defined as a road.
DRY-CLEANING FACILITYAn establishment used to clean articles or goods of fabric to be subjected to the process of dry cleaning, dyeing or stain removal. A dry-cleaning facility includes the cleaning of fabric on site using the dry-cleaning process.
DRY-CLEANING OUTLETAn establishment used to collect and distribute articles or goods of fabric to be subjected to the process of dry cleaning, dyeing or stain removal, at an off-site dry-cleaning facility location.
DWELLINGAny building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto.
DWELLING UNITAny room or group of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
DWELLING, SINGLE-FAMILYA dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit. The dwelling can consist of a modular home, or a lumber-constructed home on a permanent foundation, cellar or basement.
DWELLING, SINGLE-FAMILY SEMIDETACHEDTwo single-family dwelling units attached side to side, each situated on a separate subdivision lot, sharing a party wall and capable of individual sale and sharing common walls with the other.
DWELLING, TOWNHOUSEA structure containing at least three attached single-family dwellings. Each dwelling shares a common sidewall, and no dwelling unit is entirely or partially above another. Each unit has its own external street-facing entrance.
DWELLING, TWO-FAMILYA dwelling designed for and occupied by not more than two families in separate dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
EASEMENTThe authorization by property owner for use by another, for a specified purpose, of any designated part of such property by legally recorded instrument.
E-CIGARETTEElectronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as “juice,” and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
EQUIPMENT SALES, REPAIR OR RENTALSThe sale, repair and rental of supplies and equipment primarily intended for homeowner use and minor residential gardening and construction projects (e.g., lawnmowers, snow blowers, medium-duty construction equipment such as rubber-tired backhoes, smaller dozers, and aerial lifts), including the sale, installation and servicing of related equipment and parts. This use classification does not include the rental, storage or maintenance of large construction equipment, which is included in the broader use classifications of vehicle and equipment sales, repair and rentals.
EVERGREENA plant with foliage that persists and remains green year round.
FAMILYA household constituting a single housekeeping unit occupied by one or more persons.
FARM PRODUCTSProducts that include fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and fish. "Farm product" shall not include live animals.
FARMER'S MARKET, PERMANENTA market at a fixed location and structure open to the public at which:
A. At least 75% of the products sold are farm products, value-added farm products or hand-made goods and products; and
B. At least 75% of the vendors regularly participating during the market's hours of operation are producers, or family members or employees of producers.
FARMER'S MARKET, TEMPORARYPrimarily outdoors at a temporary location, a recurring event on designated days and times consisting primarily of agricultural producers, at which:
A. At least 75% of the products sold are farm products, value-added farm products, or hand-made goods and products; and
B. At least 75% of the vendors regularly participating during the market's hours of operation are producers, or family members or employees of producers.
FENCEA structure bounding an area of land designed to either limit access to the area or to screen such area from view, or both. The term "fence" shall not include tennis court enclosures, backstops, and similar structures.
FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity, or for decorative purposes.
FLEA MARKETA building, portion of a building, or open-air market area where individual market stalls or spaces are provided (rented or leased) for persons on a daily or other basis, to display, buy, sell, exchange, or deal in new or used goods, inside the building or in a designated open-air market area. A flea market shall not include such activities when conducted by a church, school or other similar public service organization, nor shall it include an antique store, junk store, auction house or other similar business established on a permanent basis, nor shall it include garage sales, yard sales, rummage sales or occasional craft fairs and benefit sales.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building, measured from the interior face of exterior walls or interior face of common walls.
FLOOR AREA RATIOThe ratio between total floor areas permitted in any district and the total site area. The floor area of the building considered for the computation of floor area ratio shall be restricted to those levels above the surface of the ground and shall not include any basement or garage spaces under the surface. Garage facilities above the surface shall be included in the computations. Where the ground level changes a full story height or more along a building facade, the floor area of such story shall be prorated in proportion to the average story height above grade. Total site area shall be the entire site within the property lines of any development.
FOOD CARTAn unpowered vehicle which can be pushed or pulled down a sidewalk, street or highway, on which food is prepared, processed or converted, or which is used in selling and dispensing food to the ultimate consumer. This definition shall include push carts.
FOOD TRUCKA motorized vehicle, registered and able to be operated on the public streets of New York State, in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution. Food trucks shall not exceed 28 feet in length. This definition shall not include vehicles engaged solely in the sale of ice cream and frozen novelties.
FRONTAGEThat side of the lot nearest the street. A corner lot shall be considered to have two such frontages.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE SALEThe sale of personal property conducted in or near a residence, under cover or partially under cover or completely outside of any building, in the open. The term shall include garage sales, lawn sales, porch sales, patio sales, rummage sales or other similar sales which are advertised by a sign or other means, for the public to attend.
GARAGE, DETACHED RESIDENTIALA building or indoor space in which to park or keep a motor vehicle which is disconnected from the primary structure and surrounded completely or partially by open space. Refer to "accessory structure."
GARDEN CENTEREstablishments or places of business primarily engaged in retail sales from the premises to the general public including trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials. Such establishments typically sell products purchased from others, but may sell material which they grow themselves.
GLAREThe illumination at all points one foot distant from a uniform point source of one candle power. (Footcandle: a unit of illumination.)
GRADE, ESTABLISHED STREETThe permanently established elevation of the center line of a street in front of the midpoint of the lot.
GRADE, FINISHEDThe elevation at which the finished surface of the surrounding lot intersects the walls and supports of a structure.
GREENHOUSE, COMMERCIALEstablishments that raise nursery stock for sale to garden centers, retail nurseries or other businesses.
GREENHOUSE, PERSONALAn accessory structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants, fruits or vegetables which is accessory to the main use of the property. Personal greenhouses are considered an accessory use and not to exceed 100 square feet in area.
GROSS FLOOR AREA (GFA)The gross size of the total floor area of the outside dimensions of a building. These dimensions shall include the length, width and number of stories of the facility.
HABITABLE FLOOR AREAFloor area in a habitable space shall have a clear floor to ceiling height of not less than 7 1/2 feet over an area having no horizontal dimension of less than seven feet, except that, in one- and two-family dwellings having sloping roofs, the minimum ceiling height shall be 7 1/2 feet for at least 50% of the habitable floor area. Any area where the height is less than five feet shall not be considered habitable floor area.
HEALTH CLUBAn indoor facility provided for individual or group exercise and recreational activities including aerobics, workout equipment, calisthenics, weight training, running, swimming and court games, and providing shower facilities and changing areas and may include spas, gymnasiums, and incidental uses such as child-care facilities, food service, and pro shops oriented to customers during their use of the facility.
HEALTHCARE FACILITY, OUTPATIENTA facility providing medical care, treatment and minor surgical procedures for non-life-threatening injuries. Such facilities typically operate for extended hours throughout the day and are utilized as an alternative to traditional emergency departments at hospitals. These facilities are not coincident with primary medical care providers and are not considered medical offices.
HISTORIC DISTRICTAn area containing buildings or places in which notable historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the area, of such significance as to warrant conservation and preservation.
HOME OCCUPATIONA business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
HOMELESS SHELTERAn establishment primarily engaged in providing temporary or transitional residential care, room, board supervision, information and/or referrals to homeless persons voluntarily seeking such service.
HOSPITALAn institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL/MOTELA commercial establishment providing transient lodging, meals, and other guest services. A hotel or motel establishment must have a minimum of 15 individual guest rooms, which must have attached (en suite) private bathroom facilities. A hotel/motel may or may not provide internal hallway access to all guestrooms.
IMPERVIOUS SURFACEAny roofed or other solid building structure or material covering the ground through which water does not readily penetrate, including but not limited to concrete, oil and stone, tar or asphalt pavement, or compacted gravel.
IMPERVIOUS SURFACE COVERAGEThe ratio between impermeable surface and total land area of a lot expressed as the percentage of land covered by impermeable surfaces.
INDUSTRY, HEAVYA use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHTA use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
INNA commercial facility for the housing of transient occupants, containing less than 15 rooms. The facility may have an ancillary use such as a restaurant or bar.
JUNKAny and all secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof, and any and all secondhand and used furniture or other personal property, other than livestock, or parts or portions thereof.
JUNKYARDA place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, sorted, stored, baled, packed, disassembled, handled, or abandoned; but not including pawnshops or establishments for the sale, purchase, or storage of used furniture, household equipment, clothing, used motor vehicles capable of being registered, or machinery to be reused for the purpose for which originally manufactured.
KENNEL, COMMERCIALAny use on a lot, whether such use is primary or otherwise, wherein more than three dogs, six cats, or combination thereof are kept or maintained for any commercial purpose, including but not limited to boarding, breeding, grooming, letting for hire, training for a fee, or selling involving compensation, whether monetary or otherwise. Notwithstanding the foregoing, the following facilities shall not be deemed a kennel: animal grooming; animal hospital, unless engaged in commercial boarding and/or breeding.
KENNEL, PRIVATEAny use on a lot, whether such use is primary or otherwise, wherein more than three dogs, six cats, or combination thereof are kept or otherwise are allowed to reside for a purpose other than compensation of any kind.
LANDSCAPED AREAThe area required or permitted to be devoted to landscaping and environmental improvement, which may include existing and new vegetation.
LAUNDRY, SELF-SERVEA business that cleans clothing or which is equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers. Refer to Chapter
195 of the City of Auburn Municipal Code.
LOGOAny picture, shape or drawing, with or without letters or words, used to identify a product, service, business or organization.
LOTA piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as are required by this chapter, and having frontage on a public street.
LOT AREAThe computed area contained within the lot lines.
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street right-of-way is called a side street lot line.
LOT LINESThe property lines bounding the lot.
LOT OF RECORDAny lot with an area, width or other dimension which is less than prescribed for a lot in the district in which such lot is situated if such lot is (i) under one ownership of record since the effective date of the original City of Auburn Zoning Ordinance, or (ii) under one ownership of record since the time of any amendment to the original City of Auburn Zoning Ordinance which amendment changed the area, width or other dimension requirements with respect to lots in such district and which lot, except for such amendment, would have been in all respects in conformance with the requirements of such original Zoning Ordinance, or (iii) any lot shown on an approved subdivision plat filed with the Cayuga County Clerk and not combined with any other lot or parcel for the purposes of real property assessment at any time following such filing.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
LOT, CORNERA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
LOT, FLAGLots that the City has approved with less frontage in a public street than is normal. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normal street frontage.
LOT, THROUGHA lot, other than a corner lot, having access on two streets.
MAKERSPACEAn indoor facility intended to be used by artists as studio and retail space. Makerspaces often combine production, equipment, community, and education for the purposes of enabling participating individuals to design, prototype, and create works that said individuals would have difficulty producing if working alone due to a lack of resources, tools, and/or space. Makerspaces may also include common space such as galleries, meeting rooms, retail space, and open space that encourages resident engagement and community involvement. Makerspace shall not include any dwelling.
MASSINGThe sense of bulk, size, and shape of a structure, usually perceived by reference to the surrounding space and nearby structures and natural features such as trees.
MICROBREWERY/CRAFT BREWERYAn establishment where beer and malt beverages are made on the premises and then sold or distributed, either to others with liquor licenses or to the general public, if in possession of a brewer's retail permit. May have a restaurant or an accessory tasting room in or adjacent to the brewery, on whose premises sale of beer would require an on-premises retail license. In accordance with New York State's Alcoholic Beverage Control (ABC) Law, microbrewery license holders may produce or brew up to 75,000 barrels of beer per year. (Barrel: 31 US gallons.)
MICRODISTILLERYA facility for the production and packaging of alcoholic beverages in quantities not to exceed 12,000 gallons per year and may include an accessory tasting room or other uses such as a restaurant, bar, or live entertainment only as permitted in the zoning district.
MIXED-USE BUILDINGA development or redevelopment that allows for multiple uses in a single structure or on a lot including, but not limited to, residential, commercial, and industrial. A typical mixed-use structure would have retail or offices on the first floor and offices, residences, and/or studios on the upper floors.
MOBILE HOMEA structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained herein.
MODULAR HOMEAny home constructed of premade parts and unit modules that are transported on a flatbed truck from the factory to the building site where they are permanently anchored onto a foundation. Modular homes are subject to the local building codes where they are constructed. Modular homes are subject to the regulations of whichever style of home they are designed to be, i.e. single-family home, multifamily home, etc.
MOTOR VEHICLE REPAIR STATIONA lot, including structures thereon or parts thereof, that is used for engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electric work, tune-ups and all other vehicle repair services not specifically listed in the definition of "motor vehicle service station."
MOTOR VEHICLE SALESROOM/RENTALSAny building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises. Also includes facilities which provide for the storage and rental of vehicles on a regular basis by the general public, including automobiles, vans, and motorcycles. Typical uses include automotive dealership and auto rental agencies. No fuel sales shall be part of such an establishment.
MOTOR VEHICLE SERVICE STATIONA lot, including structures thereon or parts thereof, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include facilities for washing vehicles and/or the retail sale of convenience items, including but not limited to snacks and beverages, provided such accessory uses are located indoors. Motor vehicle body work, major structural repair or painting by any means are not to be considered permitted accessory uses.
MOTOR VEHICLE WASHAny building or premises, or portion thereof, the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.
MOVIE THEATERA building containing one or more screens on which motion pictures are projected for recreation purposes. A "movie theater" does not include theaters that show pornographic or other adult-oriented motion pictures.
MURALSA hand-painted, hand-tiled, or digitally printed image which:
A. Is on the exterior wall of a building located on private property;
B. Is visible from a City park, sidewalk, street or other right-of-way;
C. Does not contain any commercial message; and
D. Does not fit within the purview of the City's sign regulations as described in Article
V, Sign Regulations.
MUSEUMRefer to "cultural facility/museum."
NIGHTCLUBAny room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Entertainment includes music by a live musician or musicians, or any mechanical, electronic, or other means such as records, laserdiscs, audio, video, or other audio or audio-visual means, including operation as a motion-picture theater; acting, play performances, theater performances, dinner theater, revue pantomime, scene, dance, act, or song-and-dance act participated in by one or more employees, guests, customers, or other person or persons; or dancing by guests, customers, or any other person or persons. Background music, provided in accord with the City's noise regulations, shall not be considered as a form of entertainment.
NONCONFORMING BUILDING OR STRUCTUREAny building or structure, other than a sign, lawfully existing on the effective date of this chapter, or any amendment to it rendering such building or structure nonconforming, which:
A. Does not comply with all of the regulations of this chapter, or any amendment hereto, governing parking or space and bulk requirements for the zoning district in which such building or structure is located;
B. Is located on a lot which does not or is so located on a lot as not to comply with the yard requirements for the zoning district in which such building or structure is located; or
C. Both Subsection
A and
B, except any building containing one or more dwelling units in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
NONCONFORMING LOT OF RECORDA lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.
NONCONFORMING USEAny use lawfully being made of any land, building or structure, other than a sign, on the effective date of this chapter, or any amendment to it rendering such use nonconforming, which does not comply with all the regulations of this chapter, or any amendment hereto, governing use for the zoning district in which such land, building or structure is located.
NOXIOUS USEAny use which is continuously or regularly offensive or injurious by reason of the emission of excessive amounts of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration.
OFFICEA building that is divided into offices, either single or suites, for the transaction of business other than for mercantile or manufacturing purposes where merchandise is on display and offered for sale. Offices used for a professional or medical business, in part or in whole, will be classed as an office.
ON-SITE INFORMATIONAL SIGNA sign commonly associated with, and limited to, information and directions necessary or convenient for persons coming on the property, including signs and symbols of handicapped accessibility, as required by Part 1100, Section 1100.9, of the New York State Uniform Fire Prevention and Building Code, and signs marking entrances and exits, parking areas, one-way drives, rest rooms, pickup and delivery areas and the like.
OPEN SPACEAn area or areas of a lot, including required yards, which are:
A. Open and unobstructed from ground to sky, except by facilities specifically designed, arranged and intended for use in conjunction with passive or active outdoor recreation or relaxation.
B. Landscaped, maintained or otherwise treated to create a setting appropriate to recreation or relaxation.
C. Accessible and usable by the general public, business patrons or residents of all dwellings or stores it is intended or required to serve.
OUTDOOR SEATINGA removable extension of an established retail shop or small food shop such as bakeries and coffee shops, consisting of movable tables, chairs and benches that are arranged directly upon the sidewalk paving. All sales and service shall take place inside the establishment retail business or restaurant.
OUTDOOR STORAGECommercial and industrial storage outside the confines of an enclosed structure of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale. Outdoor storage shall not be construed as a self-service storage facility.
OVERLAY DISTRICTA zoning district not independently mapped on the Zoning Map but that exists in conjunction with and provides alternative or additional regulations applicable to the primary underlying zoning district shown on the Zoning Map. An overlay district's boundaries shall be described within the text of the provisions of the article or any amendment to the article establishing the same.
PARKING AREA OR LOTAny place, lot, parcel, or yard used in whole or in part of storing or parking four or more motor vehicles under the provision of this chapter.
PARKING FACILITYAny use of land as a stand-alone operation or in conjunction with another permitted use for the commercial parking of vehicles. The term "vehicle" includes all passenger vehicles, highway recreational vehicles and non-highway recreational vehicles. Motor vehicle parking facilities differ from outdoor storage facility in that the time period for use is typically 24 hours or less.
PARKING SPACEAn off-street space available for parking one vehicle and which minimum dimensions are nine feet wide and 18 feet long, not including maneuvering area and access drives.
PARKING, SHAREDA legally binding agreement between two or more property owners to provide for the shared utilization of an aggregate number of parking spaces that collectively meets the parking needs of each party.
PATIO/TERRACEAn improved or graded area located on the ground with no structural supports other than subsurface base material and retaining walls. The concrete or other paved areas around a swimming pool which is the pool apron is considered a terrace/patio. A patio or terrace shall be flush to the ground with no air spaces beneath.
PAWN SHOPA business licensed through Cayuga County and in conformance with the current version of New York General Business Law Article 5, §§ 40 and 41 for collateral loan brokers that lends money based upon the security of pledged goods left in pawn, or is in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
PEDESTRIAN CONNECTION OR ACCOMMODATIONAn improved pathway at least five feet in width devoid of obstructions or hazards and intended for use by pedestrians to commute between destinations, including but not limited to buildings, structures, parks and open spaces, parking areas, the sidewalk system or other walkways.
PERMEABLE SURFACEA surface which prevents sheet flow or ponding of surface waters and allows for the transmission of surface water flows through the substance into underlying material.
PERMITTED USEAny use permitted under the provisions of the district in which the land, building or structure is located.
PLACE OF WORSHIPA building and, where applicable, its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
PLATA map, drawing, or rendering of a subdivision that usually contains narrative elements.
PLAT OR PLAN, FINALA drawing in final form containing all information or details required by law and by these regulations to be presented to the Planning Board for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk.
PLAT OR PLAN, PRELIMINARYA drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article
VI, Site Plan Review, of this chapter, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
PLAY STRUCTUREA recreational structure such as a treehouse, playhouse, or prefabricated play equipment, located at grade or elevated, not intended for habitation and without amenities such as electricity or plumbing.
PORCHA roofed open space open along two or more sides serving to shelter an entrance and provide a private outdoor space to a residence. Porches are attached to a building and located in the front, side or rear of the structure.
PRIVATE CLUBA nonprofit social organization whose premises are restricted to its members and their guests.
PROHIBITED USEAny use which is not listed as a permitted, special, or accessory use in the Schedule of Use Regulations shall be considered a "prohibited use."
PUBLIC REALMAll areas legally open to public use, such as public streets, sidewalks, roadways, highways, parkways, alleys and parks, as well as the interior and areas surrounding public buildings.
PUBLIC REALM AMENITYStructures or improvements open to the general public and intended to strengthen the urban fabric and enhance the pedestrian experience, such as, but not limited to, sidewalks, landscaped open spaces, public seating, public art, gathering spaces and crossing aids.
PUBLIC SEWER AND/OR WATER FACILITIESA sewage disposal system or water supply and distribution system operated by a municipality; a 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 New York State and/or the City of Auburn Department of Municipal Utilities, Cayuga County Departments of Health, the Department of Environmental Conservation, and any other governmental agency having jurisdiction thereof.
PUBLIC UTILITYInfrastructure and services that supply an everyday necessity to the public at large, such as public water and/or public sewer facilities, electricity, natural gas, and telecommunications. A public utility may be owned and operated by a municipality or a private entity, or a combination thereof.
PUBLIC WAYAll areas legally open to public use, such as public streets, sidewalks, roadways, right-of-way, highways, parkways, alleys, and parks, as well as the interior and areas surrounding public buildings.
PUBLIC/SEMIPUBLIC USEAny one or more of the following uses, including grounds and accessory buildings necessary for their use:
C. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
D. Schools, specifically elementary, secondary or college.
F. Not-for-profit fire, ambulance and public safety buildings.
RECREATION, INDOOR COMMERCIALA commercial recreational use conducted entirely within a building for activities such as an arcade, arena, bowling alley, gymnasium, skating rink, swimming pool, or raquette ball and tennis court.
RECREATION, OUTDOOR COMMERCIALA recreational use conducted outside of a building including athletic fields, miniature golf, skateboard park, swimming, bathing, wading and other therapeutic facilities, splash pads and spray parks, tennis, handball, basketball courts, batting cages, and trampoline facilities.
RESIDENTIAL CARE FACILITYA building or portion thereof wherein the owner and/or proprietor is compensated for furnishing long-term lodging and varying amounts of custodial care for four or more persons by reason of them being elderly, handicapped, bedfast, chronically ill, impaired, convalescing and/or needing such care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury and/or providing surgical and obstetrical services or asylums for the insane. This term includes boarding and rooming houses for aged people, nursing homes, homes for adults (rest homes), homes for the aged and handicapped, convalescent homes for children, homes for the elderly, homes for prenatal care and the like.
RESIDENTIAL PROPERTYAny lot that currently contains only residential uses, regardless of zoning district.
RESTAURANTAs defined by the New York State Liquor Authority under ABCL § 3(27), "restaurant" shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods, which may be required for ordinary meals, the kitchen of which must, at all times, be in charge of a chef with the necessary help, and kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health.
RESTAURANT, QUICK SERVICEA specific type of restaurant without a drive-through, characterized both by its cuisine and minimal table service. Food is offered from a limited menu; may be cooked in bulk in advance and kept hot; is finished and packaged to order; and is usually available ready to take away.
RETAIL, BIG BOXA single large retail establishment covering over 35,000 square feet that draws customers from a large area and is typically surrounded by parking lots.
RETAIL, GOODS AND SERVICESAny building or structure in which one or more articles of merchandise, commerce or services are provided, including, but not limited to, department stores, banks, book stores, day spas, salons, insurance sales, clothing and accessory stores, grocery stores, pharmacies, and boutique/gift shops.
RIGHT-OF-WAYA strip of land, either public or private, occupied or intended to be occupied by a street, sidewalk, trail, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer or other similar use.
ROADSIDE STANDA temporary or permanent accessory structure, wagon or trailer up to 100 square feet in size located on private property which shall be limited to the sale of farm, garden, or other products built or created on-site.
ROOFThe exterior covering on the uppermost part of a building, with the primary purpose to protect the building and its contents from the effects of weather.
SATELLITE DISHA structure attached to the ground or any other structure built or intended for the purpose of the reception of any transmission transmitted or relayed from an earth satellite. The term "ground dish" as used in this chapter is synonymous with satellite dish.
SCHOOL, PRIVATEA school established by a nongovernmental organization supported by private funds for the purposes of providing education.
SCHOOL, PUBLICAny elementary or secondary school supported by public funds and providing free education for children of a community or district.
SCREENA method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.
SEATSFor the purpose of determining off-street parking requirements, the seating capacity of a particular room or a hall in a building, as determined by the specifications and plans, whether fixed or removable seating; in the event that individual seats are not provided, each 20 inches of benches, bleachers, pews or similar seating accommodations shall be considered as one seat for the purpose of this chapter.
SELF-SERVICE STORAGE FACILITYA building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, controlled access stalls or lockers for the storage of customers' goods or wares.
SETBACK, FRONTThe least required horizontal distance between the front lot line and the principal building measured at the shortest point. On waterfront lots which border water on one or more lot lines, the lot line on the road front is considered the principal front lot line.
SETBACK, REAR YARDThe least required horizontal distance between the rear lot line and the principal building measured at the closest point.
SETBACK, SIDE YARDThe least required horizontal distance between the side lot line and the principal building measured at the closest point.
SHADE TREEUsually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
SHEDRefer to "accessory structure."
SHORT-TERM RENTALAn accommodation for transient guests where, in exchange for compensation, a residential dwelling is rented for lodging for a period of time not to exceed 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall not include hotel/motels, bed-and-breakfasts, or inns.
SHRUBA woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground. It may be deciduous or evergreen.
SIDEWALK DININGAn area designated of public sidewalk where patrons may sit at tables while consuming food and beverages ordered from and served by wait staff.
SIDEWALK RETAILRetail displays located on sidewalks in the public right-of-way that are clearly accessory to, or a promotion of, the use located in the abutting building.
SIGNAny advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the City of Auburn for public purposes.
SIGN AREA or SIGN SURFACE AREAThe entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed.
SIGN PERMITNo sign shall be hereafter erected, placed or maintained at any place in the City of Auburn except as provided Article
V, Sign Regulations, and only after a permit therefor has been obtained in compliance with the provisions of Article
V, Sign Regulations, unless stated otherwise.
SIGN, AWNINGA sign on which graphics or symbols are painted, sewn, or otherwise attached to the awning material as an integrated part of the awning itself.
SIGN, BILLBOARDAny sign in excess of 100 square feet advertising a person, place, event, product, business or other matter which is remote from the site or property upon which the sign is erected or displayed.
SIGN, CANOPYA sign affixed to the face, on top, or below the surface of an attached canopy.
SIGN, DIRECTIONALAny sign indicating the location of or direction to a person, place, event, product, business or other matter which is remote from the site or property upon which the sign is erected or displayed.
SIGN, ELECTRONIC MESSAGEAny sign, or portion of a sign, that uses changing lights to form a sign message or messages where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
SIGN, FREESTANDING BRACKETFreestanding blade sign, not considered a pole sign, that hangs from a bracket permanently affixed to a post that is separate from a building.
SIGN, HOLIDAY DECORATIONTemporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
SIGN, ILLUMINATED (DIRECTLY)A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
SIGN, ILLUMINATED (INDIRECTLY)A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
SIGN, MARQUEEAny permanent architectural canopy projecting over the entrance to an establishment, and any signage or message display thereon.
SIGN, MONUMENTA sign attached to the ground along its entire length upon a continuous pedestal.
SIGN, PLAZA DIRECTORYA sign listing the tenants or occupants of a commercial plaza and that may indicate their respective professions or business activities.
SIGN, POLEA sign that is mounted on a freestanding pole or other supports so that the top edge of the sign face is more than eight feet above grade.
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election or caucus.
SIGN, PORTABLEA sign that is not permanently affixed to a building, a structure or the ground, but not including identification lettering on vehicles and advertising on buses.
SIGN, PROJECTINGAny sign that is attached to the building facade at a ninety-degree angle, extending more than 12 inches from the wall. It may hang from a bracket and it may be two- or three-dimensional.
SIGN, ROOFAny sign erected on or affixed to a building or structure which extends, in whole or in part, above the roof line.
SIGN, SIDEWALKA moveable sign not attached to the ground or building with two or more steeply angled sides.
SIGN, TEMPORARYA sign erected for a limited time and not permanently affixed to the ground, a building or other fixed object or surface. Temporary signs include, but are not limited to, contractor's signs, realty sales or rental signs, special event signs, banners for charitable events or residential event signs.
SIGN, TENANT/SHOPPING CENTER IDENTIFICATION SIGNA sign which serves as a common or collective identification for two or more commercial, business or industrial uses sharing an office, plaza, shopping center, industrial park or the like and which is located on such premises.
SIGN, VEHICLESigns displayed on licensed and registered motor vehicles which are used in conjunction with a business.
SIGN, WALLA sign placed against a building and attached to the exterior wall, so that the display surface is parallel with the plane of the wall.
SIGN, WINDOWA sign affixed to the inside of a window or door, or a sign placed inside a building within 12 inches of such window or door and is visible and legible through a window or door.
SITE PLANA rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SOLAR ENERGY EQUIPMENTElectrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEMAn electrical generating system composed of a combination of both solar panels and solar energy equipment.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.
SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
[Added 6-20-2019 by Ord. No. 7-2019]
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electrical energy.
SPECIAL USEA use which is deemed desirable for the public welfare within a given district or districts, which is potentially incompatible with other uses provided therein. The use shall therefore be subject to approval by the City Planning Board and to conditions set forth for such use as well as the other applicable provisions of this chapter.
SPECIAL USE PERMITA permit provided by the City Planning Board for a use requiring review, for uses that are not permitted expressly in a district but are listed as requiring a special use permit.
SPECIMEN TREEA particularly impressive or unusual example of a species due to its size, shape, age, or any other trait that epitomizes the character of the species.
STOOPAn exterior stair or landing area that may be covered or uncovered and is less than 18 inches in height, four feet in width, and three feet in depth provided from the street front to an elevated first story. An area that exceeds any of these dimensions shall be considered a porch or deck.
STORYThe portion of a building which is between one floor level and the next higher floor level or the roof.
STORY, HALFA story with at least two opposite exterior sides meeting a sloping roof not more than four feet above the floor of such story.
STREET, MAJORA street that serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
STREET, MINORA street intended to serve primary access to abutting properties.
STRUCTUREAnything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of vegetation, boundary walls, fences, mailboxes, lampposts, bird houses, or similar construction. The term includes but is not limited to structures temporarily or permanently located, such as decks, satellite dishes, communications systems, pools, ponds, etc.
SWIMMING POOL, PRIVATEAny structure above or below ground, outside of a building with the designed capacity of more than 18 inches of water depth which is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory.
SWIMMING POOL, PUBLICAny structure above or below ground designed for capacity of more than 18 inches of water depth. The structure may be a publicly or privately owned pool and open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities and off-street parking area.
TASTING ROOMA commercial establishment allowing beer/wine tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery/winery and meeting the requirements of the Alcoholic Beverage Control (ABC) appropriate license type. The tasting room may be operated within a brewery, brew pub, microbrewery, microdistillery, winery, or distillery facility or as a stand-alone retail use. A tasting room shall be subject to the use and parking standards of a bar.
TAXI DISPATCH STANDAn office establishment where taxi cabs are temporarily in queue during operation and from which they are dispatched. Taxi cab body work, major structural repair, vehicle painting, and the overnight storage of any taxi cab vehicle shall be considered outdoor storage and permitted only in industrial districts.
TELECOMMUNICATION ANTENNAS, PRIVATEAntennas intended for customer-end applications designed to receive direct broadcast satellite service, to receive or transmit fixed wireless signals, to receive video programming services via broadband radio service, to receive local television or radio broadcast signals.
TELECOMMUNICATIONSThe transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
TELECOMMUTEPerforming job-related requirements using telecommunications to transmit data and textual messages to the central organizational office without being physically present.
TEMPORARY OUTSIDE SALESSelling of retail items outdoors for a limited amount of time for events such as sidewalk sales, open markets, art displays, and festivals.
TEMPORARY PORTABLE STORAGE UNITSAny container, storage unit, box-like container or portable structure which resembles and functions in the same way as a traditional shipping container is a temporary portable storage unit and not a structure even when affixed to a permanent foundation.
TEMPORARY USEOne established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
TENANTAn occupant who temporarily holds or occupies land, a building or other property owned by another.
TINY HOUSEA principal residential dwelling that has a square footage of between 320 square feet and 600 square feet. Each tiny house shall meet the New York State Building Code and must include basic functional areas that support normal daily routines (such as cooking, sleeping, and toiletry).
TINY HOUSE CLUSTERSAn area of land that has four to 12 tiny houses. Each tiny house cluster must also have a centralized common area no less than 400 square feet per tiny house.
TOBACCOPreparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
TOBACCO PARAPHERNALIAAny paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
TOBACCO PRODUCTAny product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
TOW TRUCK OPERATIONA facility that dispatches tow trucks for hire with no automotive storage area for impounded vehicles.
TOWING AND IMPOUNDMENT YARDThe temporary storage of vehicles that have been towed, carried, hauled, or pushed from public or private property for impoundment in a public or private impoundment yard. This use does not include "motor vehicle repair" or "motor vehicle service station," "uutdoor storage," or "auto wrecking yard."
TRANSPARENCYThe minimum percent of windows and doors that must cover a building facade. The ground story is measured between two and 12 feet above the sidewalk. Applies to primary and side streets only. Windows cannot be opaque.
URBAN AGRICULTUREThe use of a lot for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics, as well as related agricultural products. Such use may not include the accessory keeping of farm animals as prohibited by §
104-5 of the City of Auburn Ordinance.
URBAN FARMA ground-level area less than one acre that is used as an accessory to commercial purposes, whether for profit or nonprofit.
VARIANCEA modification of the use and/or area and bulk regulations of this chapter in an individual case where, due to specific facts and conditions peculiar to a particular property, literal application and strict enforcement would result in undue and unnecessary hardship or practical difficulty that would deprive the owner of reasonable use of the land or structures. Such unnecessary hardship or practical difficulty shall not be construed to include mere inconvenience or a desire to make more money.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VENDORAny individual, including an employee or agent of a group of individuals, partnership or corporation, who sells or offers to sell food, beverages, goods or merchandise on any public way from a pushcart, stand, motor vehicle, or from his or her person.
WATERWAYAny water area providing access from one place to another, primarily a water area providing a regular route for water traffic.
WHOLESALE ESTABLISHMENTA business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.
WINERYThe commercial processing of grapes or other fruit products to produce wine or similar spirits or the refermenting of still wine into sparkling wine. Processing consists of controlled fermentation combined with any of the following: crushing, blending, barrel aging, and bottling. Storage of case goods shall only occur in conjunction with processing.
WIRELESS TELECOMMUNICATIONS FACILITYIncludes a structure, facility or location designed or intended to be used as, or used to support, antennas or other transmitting or receiving devices. Refer to Code of the City of Auburn Chapter
300, Wireless Telecommunication Facilities.
YARDAn open space, as may be required by this chapter, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line.
YARD, SECONDARY FRONTAny lot having frontage on more than one street, the orientation of the front or main door of the principal structure, as determined by the address assigned by the City, shall establish a primary front yard and all other front yards shall be considered secondary front yards.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line.
ZONING BOARD OF APPEALSThe Zoning Board of Appeals of the City of Auburn as provided for in Article 5-A § 81, of the General City Law. The Board consists of seven members appointed by the Mayor.
ZONING DISTRICTThe classification of lands as established in this chapter and by the Zoning Map.
ZONING MAPThe map delineating the boundaries of the zoning districts which, along with the zoning text, comprises this chapter.