Caroga Town City Zoning Code

DEFINITIONS

GENERAL

GENERAL:

For the purpose of this Ordinance, words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word “lot” includes the word “plot”; the word “structure” includes the word “building”; the word “occupied” includes the words “designated or “intended” to be occupied”; the word “used” includes the words “arranged”, “designed” or “intended to be used.” “Shall” is used in the mandatory and not in the discretionary sense.
Unless otherwise specifically denoted below, words or phrases used in this Ordinance shall be interpreted so as to attribute to them the meaning they have in common usage and to accord this Ordinance its broadest and most reasonable application.

DEFINITIONS

DEFINITIONS:

Accessory Compost Bin	A container less than 50 square feet in area and less than 4 feet in height used solely to compost organic materials.
Accessory Dwelling Unit	A separate additional dwelling unit, including separate kitchen, sleeping and bathroom facilities, either attached or detached from a principal, single-family dwelling unit on a lot that shall not be used to rent or lease to non-family members except for a caregiver serving the needs of the occupant of the attached Single Family Dwelling.
Accessory Pet Kennel	An accessory structure used for the safekeeping of up to 2 dogs or cats.
Accessory Use	Any use of a structure, lot or portion thereof that is customarily incidental and subordinate to and does not change the character of a principal land use or development, including the case of residential structures, professional, commercial and artisan activities carried on by the residents of such structures.
Accessory Structure	Any structure or a portion of a main structure customarily incidental and subordinate to a principal land use or development, and that customarily accompanies or is associated with such principal land use or development, including a guest cottage not for rent or hire that is incidental or subordinate to and associated with a single-family dwelling. Any structure greater than 100 square feet in size and used for storage is considered an Accessory Structure.
Adirondack Park or Park	Any land lying within the area described in Subdivision One of Section 9-0101 of the Environmental Conservation Law of the State of New York, including any future amendments thereto.
Adirondack Park Agency or Agency	The Adirondack Park Agency created by Section 803 of Article 27 of the Executive Law of the State of New York.
Adirondack Park Agency Act	Article 27 of the Executive Law.
Adjoining	When used in reference to land, lots, districts, uses, buildings or other structures on the land, shall mean only those which are contiguous and in contact at some point or line and shall not include those separated by a street.
Adult Use Business	Shall be defined as any business which: Is the use of land, structures or location for an “adult use business” or as an “adult physical contact establishment” as herein defined; Is the use of land, structure or location which, by the provision of the Penal Law, is required to restrict the access thereto by minors; Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; Is a location, building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television or any other visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas’ as defined below. Adult use businesses, including adult book stores, adult video stores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets, and adult drive-in theaters shall be defined as follows: An adult book store is defined as an establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas as defined below. An adult video store is defined as an establishment having as a substantial or significant portion of its stock in trade films, video cassettes or other formats of electronic media for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas’ as defined below. An adult motion picture theater is defined as a building with a capacity of fifty (50) persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas’ as defined below for the observation of patrons therein; An adult mini-motion picture theater is defined as an enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas’ as defined below for the observation of patrons therein; An adult cabaret is defined as an establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity; An adult drive-in theater is a drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting or describing or relating to ‘specific sexual activities’ or ‘specific anatomical areas’ as defined below for the observation of patrons therein; An adult physical contact establishment is defined as any establishment, which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under Educational Law to practice massage therapy, offices of persons licensed or otherwise authorized under Education Law as a physical therapist or physical therapist assistant and electrolysis karate, judo and dance studios are not to be considered adult physical contact establishments under this section. As used hereinabove, the words “having substantial or significant portion of its stock in trade” shall mean that such establishment devotes more than twenty-five (25%) percent of its business to the sale, rental or display of adult materials as determined by any of the following; the number of different titles of adult materials or the number of different copies of adult materials, or the amount of floor space devoted to adult materials, or the amount of on-site advertising or cost of other advertising of adult materials. as used above, the words “adult materials” shall include any things referred to or labeled as sex toys or sexual novelty items.
Agricultural Service Use	Any milk processing plant, feed storage supply facility, farm machinery or equipment sales and service facility; storage and processing facility for fruits, vegetables and other agricultural products or similar use directly and customarily related to the supply and service of an agricultural use.
Agricultural Style Fencing	A fence made of chicken, barbed, smooth, high-density, woven, electric or similar type of wire.
Agricultural Use	Any management of any land for agriculture; raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.
Agricultural Structure	Any barn, stable, shed, silo, garage, fruit and vegetable stand or other building or structure directly and customarily associated with agricultural use.
Alcoholic Beverage	Any beverage containing alcohol including but not limited to beer, liquor or wine.
Alley	A public way providing a secondary public means of access to abutting properties.
Alteration	As applied to a structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Antenna	A structure or device used for the transmission or reception of radio or electromagnetic frequency signals, lights, sound or other communication signals. Antennas shall not include TV/radio transmission towers licensed by the FCC.
Antique	An old item that is collectible due to its age, beauty, rarity, condition or other unique feature.
APA Land Use Area	Those areas delineated on the official Adirondack Park Land Use and Development Plan Map, adopted under Article 27 of the Executive Law of the State of New York and designated thereon as “Hamlet,” “Moderate Intensity Use”, “Low Intensity Use”, “Rural Use”, “Resource Management,” “Industrial” and such portions of those areas as are located within the town.
Apartment	A dwelling unit used for lease or rent as a residence.
Appeal	A request for review of the Code Enforcement Officer’s interpretation of any provisions of this Ordinance or a request for a variance from the requirements of this Ordinance.
Applicant	The person, persons, partnership, corporation, association or other entity named as applicant in an application for a Zoning/Building Permit, zone change, variance, or other approval required by this Ordinance. An Applicant must either: own the real property, have a signed purchase contract, hold an executed written contract giving the applicant the right to purchase, hold an executed lease or possess some other means of property control acceptable to the Code Enforcement Officer.
Aquaculture	The production of aquatic plants or animals under controlled conditions for harvesting and processing of food for human consumption for sale to others.
Area of Special Flood Hazard	Lands in the Town of Caroga located in a floodplain, subject to a one-percent or greater chance of flooding in any given year. It is also commonly known as the “base floodplain” or “one-hundred-year floodplain.”
Area, Building	The total area of a lot covered by all structures thereon, both principal and accessory, measured by the exterior dimensions of such structures, including uncovered porches, steps and terraces.
Attic	Any area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.
Barn	A structure, often found on a farm, used for storage or keeping animals such as cattle, or for storing grain, animal feed, or equipment.
Base Flood	The flood having a one-percent chance of being equaled or exceeded in any given year.
Basement	A story partly underground but having at least ½ of its height above the average level of the adjoining ground. A “basement” shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if it is used for business or dwelling purposes.
Bed & Breakfast	Means a tourist accommodation located within a single-family dwelling or multiple-family dwelling. Bed and Breakfast shall be considered an accessory use and not tourist accommodation if the following criteria are met: The guest rooms are located within a structure that has been used as a single-family dwelling for a period of five (5) years or more prior to conversion to a bed and breakfast; The single-family dwelling is the owner’s primary residence and at least one bedroom is reserved for the owner’s exclusive personal use; No meals (except breakfast) are served to paying guests and no meals are served to the general public; In a structure containing more than three (3) existing bedrooms, no more than 50 percent of the bedrooms and no more than five (5) bedrooms total are available for paying lodgers; The use also meets all the criteria of accessory use as defined in 9 NYCRR 570.3(b), except that no accessory structure or guest cottage shall be used as a bed and breakfast; The sewage treatment system complies with all applicable New York State Department of Health and local standards; and At least one off-street parking space is provided on premises for each room for rent.
Berm	A man-made mound of earth designed for decorative, screening or buffering purposes.
Boarding Home	A structure in which more than two (2) but less than ten (10) rooms are used, rented or hired out as dwelling units for pay, with or without meals, over an extended period of time. The term “Boarding Home” shall include “rooming house," “lodging house,” and “tourist house."
Boathouse	A covered structure with direct access to a navigable body of water which: Is used only for the storage of boats and associated equipment; Does not contain bathroom facilities, sanitary plumbing, or sanitary drains of any kind; Does not contain kitchen facilities of any kind; Does not contain a heating system of any kind; Does not contain beds or sleeping quarters of any kind; Does not exceed a single story in that the roof rafters rest on the top plate of the first floor wall, and all rigid roof surfaces have a minimum pitch of 4 on 12, or, alternatively, 1 flat roof covers the entire structure; and Has a footprint of 1,200 square feet or less measured at the exterior walls (or in the absence of exterior walls, at the perimeter of the roof), and a height of 15 feet or less. For the purpose of this definition, the height of a boathouse shall be measured from the surface of the floor serving the boat berths to the highest point of the structure.
Building	See Structure.
Building Line	The line or setback beyond which a building shall not extend (see setback definition).
Building, Detached	A structure surrounded by open space on the same lot.
Building, Semidetached	A structure attached by a party wall to another building on another lot but having one side yard.
Bulk	A term used to describe the size, volume, area, and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building, and all open spaces required in connection with a building, other structures, or tracts of land.
Campground	Any area designated for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar facilities designated for temporary shelter. For the purpose of this definition, camp trailers, travel trailers, motor homes or similar equipment designed for temporary shelter shall not include any single vehicle exceeding eight feet in width or 35 feet in length or vehicles, including a trailer or semi-trailer or any combination exceeding eight feet in width or a total of 55 feet in length, nor shall any campground permit structural additions to or removal of wheels from vehicles admitted or furnish all weather water supply or sewage disposal connections at individual sites.
Carport	An open-sided structure usually formed by an extension of a roof attached to the side of a building.
Cemetery	A place used for the interment of the dead.
Church or Place of Worship	A structure or group of structures used for regular public worship by members or representatives for conducting religious services and accessory uses.
Class A Regional Project	A land use or development classified and defined by in Section 810(1) of the APA Act.
Class B Regional Project	A land use or development classified and defined by in Section 810(2) of the APA Act.
Clear-cutting	(1) any cutting of trees over six (6) inches in diameter at breast height over any l0‑year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested. (2) Where regeneration is assured by stand conditions such that after such cutting the average residual basal area of trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, clearcutting will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured
Code Enforcement Officer	The Code Enforcement Officer or one of his staff of the Town of Caroga.
Commercial Use	Any land use or structure involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreational facilities or activities for a fee. [NOTE: The specific individual commercial uses listed below are listed solely to assist the Code Enforcement Officer in interpreting proposed land uses. These individual commercial uses are not listed in the Use Table. Only the term “Commercial Use” is listed in the Use Table. If the Code Enforcement Officer interprets a proposed use to not meet the definition of one of these individual Commercial Uses, the Code Enforcement Officer can still interpret the proposed use as a Commercial Use based upon the definition of Commercial Use.] The following are specific individual commercial uses: Animal Hospital — A structure were animals or pets are given medical or surgical treatment, including veterinary clinics and offices. May include an incinerator. Antique Shop — A retail store specializing in the selling of antiques. Arcade — A structure or area used to store and utilize computer/other games for retail use. Art Gallery — A place where works of art, such as paintings and sculptures are exhibited, loaned, appraised or sold. Artist Studio — A working place of one or more painters, print makers, photographers, jewelry makers, sculptors or artisans working with paper, ceramics, clay and/or other fine art or craft materials, of persons working in the graphic or computer arts, or performing artists such as musicians, dancers or theater artists. Tattoo appliers and body piercers shall not be considered artists for the purpose of this use. Automobile Dealership — A place authorized by applicable state regulations where new or used motor vehicles, including recreational vehicles, are sold, leased, displayed and maintained for commercial sale. Automobile Parts Dealership - A retail structure used for the display and sale of new parts and supplies for motor vehicles. Automobile Rental Facility — A structure used for the storage and rental of automobiles and trucks. Automobile Shop — Any structure which provides repair services for collision and other repairs to the auto body including body frame straightening, replacement of damaged parts, undercoating, and painting. Automobile Service Station — A structure where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered. Bakery — A structure used either for the preparation of or retail sale of baked products or goods for consumption on or off-site. Bank or Financial Institution — A structure open to the public that is utilized for making deposits, loans, investments and similar financial transactions. Banquet Hall — A structure leased or rented for private parties or functions. Bar, Night Club or Tavern — A business establishment licensed by the State of New York to serve alcoholic beverages which serves such beverages for consumption on the premises and may include the serving of food and other beverages along with entertainment as accessory uses. Barber Shop — An establishment used for the practice of barbering. Beauty Salon — An establishment wherein cosmetology is offered or practiced for compensation. Body Painting Studio — An establishment wherein persons apply paint or similar matter onto another person for compensation. Bookstore — An establishment used for the sale, rental or other distribution of books, magazines, newspapers, greeting cards, video tapes, computer software and similar materials for compensation. Bowling Alley — An establishment providing bowling alleys, equipment and playing area. Brew Pub — A bar or restaurant, as defined herein, that includes as an accessory use the brewing of malt beverages for consumption on premises. The area used for brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the commercial space and shall not produce more than 5,000 barrels of beverage per year. Brewery/Microbrewery — A structure used to produce, and/or sell brew beer, ales and similar beverages. A brewery produces more than 5,000 barrels annually. A microbrewery produces less than 5,000 barrels annually. Business Services - An establishment primarily engaged in the use of providing services to businesses for a fee including advertising, mailing, building maintenance, employment services, consulting services, protective services, equipment rental and leasing, copying, photo finishing and personal supply services. Car Wash — A structure, lot, or portions thereof where vehicles are washed either by the patron or others using machinery and mechanical devices specifically designed for washing motor vehicles. Child Day Care Center — In accordance with Social Services Law, Section 390 as may be amended from time to time, a program or facility caring for children for more than three (3) hours per day per child in which child day care is provided by a child day care provider for more than ten (10) children. Convenience Store — A use/structure used as a retail establishment of less than 5,000 square feet of free-standing gross floor area or located within another use where groceries, convenience and household goods are sold and may include the sale of gasoline. Dancing Studio — An establishment used to provide dancing instruction. Day Spa — See Health Club. Distillery- A structure in which alcoholic beverages are made by distilling. Drugstore - An establishment engaged in the retail sale of prescription medicines, non-prescription medicines and related supplies. Dry Cleaner — An establishment used for cleaning fabrics, textiles and clothing. Flea Market — A lot or parcel, or portion thereof, with outdoor stalls, booths, or selling spaces used for the display of used or new goods, wares, merchandise, antiques, collectibles and arts and crafts. Includes craft fairs. Florist — An establishment used for selling plants and flowers which are not grown onsite. Funeral Home — A structure used for furnishing funeral supplies and services to the public, including facilities intended for the preparation of the dead human body for interment or cremation. Greenhouse, Commercial — A structure used for growing flowers, plants, shrubs, trees and similar vegetation, used for retail or wholesale sales. Health Club — A structure designed and equipped for the conduct of sports, exercise, leisure time activities or other recreational uses open only to members or for a fee. A day spa shall be a Health Club. Home Improvement Center — A structure utilized for retail sale of basic hardware, building materials and supplies, tools, equipment, garden supplies, appliances and similar materials. Jewelry Store - An establishment used to buy, sell and repair new and used jewelry. Junk Business - An establishment 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, or used motor vehicles capable of being registered or machinery to be reused for the purpose for which originally manufactured. Kennel — A structure used for the safekeeping, breeding, boarding or training of more than four (4) dogs, cats six (6) months and older for which a fee is charged. Laboratory - A structure used for scientific research, investigation, testing or experimentation but not for manufacturing or sale of products except as an accessory use to the laboratory. Laundromat - A structure or use where laundry machines are made available to the public for the purpose of cleaning and drying. Liquor Store - An establishment used to store, display and sell alcoholic beverages. Massage Establishment - Any establishment having a fixed place of business where massages are administered by licensed therapists for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. Nursery — Any place used as a garden for the open cultivation, growing and sale of trees, shrubs and other plants, including the replanting of said plants grown at places other than the nursery. Nursery School — A place or structure designed or utilized to provide regular care or instruction for six or more children under six years of age. Office - A business, office or agency providing service to the general public. Paintball Business - A use or structure in which persons compete by using capsules containing water soluble dye and shell propelled from a device. Print Shop - A business that provides graphic design services or prints, reproduces or copies documents, cards, magazines or similar products for customers. Includes copy store. Recreation, Commercial — An outdoor or indoor use or structure that provides recreational activities such as bowling, skating rinks, miniature golf, arcade and other similar activities for which fees are charged or tickets sold to use or participate in any recreational activity. Recreational Vehicle Sales and Service — A use or structure where recreational vehicles are displayed, sold, rented or leased, parts and supplies are sold and/or where repair and maintenance services are provided. Restaurant - An establishment that prepares and sells food and beverage to onsite customers not defined as a fast food restaurant. Restaurant, Fast Food - An establishment, where the menu is posted and not printed, that sells food and beverages to customers for both on and off-site consumption, where customers wait on themselves and where drive-thru service may be available. Retail — A use or structure that provides goods and/or services directly to consumers where said goods and/or services are available for immediate purchase and removal. Second Hand Store - An establishment that sells second hand merchandise at reduced prices. Shoe Repair - An establishment used to perform repairs on shoes and footwear. Shopping Center — a group of three (3) or more retail stores in a single structure, depending mostly on customers coming by automobile, and having parking facilities which are integrated with the site plan and the design of the stores. Storage Facility - A structure or group of structures, designed and constructed for short or long-term storage of individual or business property for a fee. A storage facility does not include a warehouse/distribution center, truck terminal or other transfer facility for goods, wares or merchandise. Supermarket — A structure containing more than 5,000 square feet of gross floor area used for the retail sale of food and perishable and non-perishable goods. Tailor - An establishment in which a person or persons make repairs and alterations to suits, coats, dresses and other articles of clothing. Tanning Studio - An establishment that utilizes artificial lighting to provide a tan to an individual’s body. Tanning studios exclude day spas and health clubs. Tattoo Parlor - An establishment that creates tattoos using inks or other substances. Theater - A place used for the commercial showing of films or presentations of live entertainment, specifically not including adult entertainment as defined in this code. Truck Stop - A place for the storage and transfer of goods, wares or merchandise by truck transport that may include refueling, eating, and sleeping facilities. Veterinary Hospital/Office - The use of a structure or lot for the treatment and/or examination of animal illnesses, including facilities for boarding animals receiving examination or treatment. Winery — A wine production facility located on a farm which also produces grapes for such wine production. A not insignificant portion of the production shall consist of agricultural products produced onsite. Such use shall conform to applicable New York State rules, regulations and licensing requirements. Includes fruit wines and mead.
Community Residential Facility	A structure used for a dependent population sponsored by a charitable, religious or government agency providing a home like environment and supervision for dependent persons within a setting that is integrated within the community. It shall be established similar to a single-family dwelling unit with shared living areas, kitchen and bathroom facilities.
Composting Facility	A facility where organic material is processed by composting for use at another site.
Comprehensive Plan	The Town of Caroga Comprehensive Plan adopted on January 22, 2013.
Condominium	A structure or groups of structures wherein each unit is individually owned and is able to be sold, mortgaged or exchanged independent of the other units and the owner owns the structure and common areas. Each condominium unit shall be considered a one dwelling unit.
Corner Lot	A lot located at the junction of and fronting on 2 or more intersecting streets.
Coverage, Lot	That percentage of the lot area covered by the combined footprint of all structures on the lot.
Deck	A platform, without a roof, either free standing or attached to a structure. A deck is not a dock.
Distribution Center	A structure where goods and products are received and/or stored for distribution to other locations.
Dock	A floating or fixed structure that: Extends horizontally (parallel with the water surface) into or over a lake, pond or navigable river or stream from only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse; Is no more than eight feet in width, or in the case of interconnected structures intended to accommodate multiple watercraft or other authorized use, each element of which is no more than eight feet in width; and Is built or used for the purposes of securing and/or loading or unloading water craft and/or for swimming or water recreation. A permanent supporting structure located within the applicable setback area which is used to suspend a dock above water level for storage by means of a hoist or other mechanical device is limited to not more than one hundred square feet, measured in the aggregate if more than one such supporting structure is used. A dock must remain parallel with the water when suspended for storage, unless the size of the total structure does not exceed one hundred square feet. Mechanisms necessary to hoist or suspend the dock must be temporary and must be removed during the boating season.
Dormitory	A structure, affiliated with an institution, with rooms used for sleeping, having either individual or common bathroom facilities but no kitchen facilities.
Driveway	A designated portion of a lot used primarily as a means for motor vehicle ingress and egress from said lot and the temporary parking of one or more vehicles which are generally associated with the owner of said lot.
Dwelling Unit	A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling Unit, Attached	A dwelling unit having common walls with two (2) or more other dwelling units.
Dwelling Unit, Detached	A dwelling unit having no common walls, floors or ceiling with another dwelling unit.
Educational, Private	A structure or use dedicated primarily to teaching/education but not defined as public that may include business, trade, artist, evening or similar types of uses.
Erect	To build, construct, alter, enlarge, relocate, attach, hang, place, affix, or maintain any sign, and includes the painting of wall signs.
Family	One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
Family Day Care Home	In accordance with Social Services Law, Section 390, as may be amended from time to time, shall mean a program caring for children for more than three (3) hours per day per child in which child daycare is provided in an owner-occupied single family dwelling for three (3) to six (6) children. A family daycare provider may, however, care for seven (7) or eight (8) children at any one time if no more than six (6) of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays or during those periods of the year in which school is not in session.
Farmers Market	A market, held in either indoor or outdoor public spaces, where farmers can sell produce to the public.
Fence	Any barrier made of wood, vinyl, metal, chain link, stone or stone like materials or combination of these materials erected or maintained to enclose or screen areas of land, to divide a piece of land into distinct portions or for use as a boundary.
Filed Map	A map, survey or plat filed in the County Clerk’s office of Fulton County.
Flood	A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel.
Flood, One-Hundred-Year	The highest level of flood that, on the average, is likely to occur every 100 years or that which has a one-percent chance of occurring in any year.
Flood-prone Areas or Floodplain	The channel of a watercourse and its adjacent areas subject to inundation by the one-hundred-year recurrence interval flood.
Floor Area	The sum of the gross horizontal areas of all floors of a building or buildings, measured from the exterior face of exterior walls or from the center line of walls separating two (2) buildings, excluding breezeway, garage areas, basements and attic floor areas used only for accessory uses.
Forestry Use	Any management, including logging of forest, woodland, or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, fences and forest drainage systems.
Forestry Use Structure	Any barn, shed, garage, research, educational or administrative building or cabin directly and customarily associated with forestry use.
Fraternal Organization	An establishment used by a body of people associated with a common interest or purpose.
Frontage	The extent of a structure or a lot along a street as defined herein.
Garage, Residential	An enclosed accessory structure or portion of a main structure used primarily for the storage of one or more motor vehicles, owned by the occupants of the principal building, provided that no business, occupation, or service is conducted therein.
Garage or Rummage Sale	A sale of personal or household items held on the seller’s premises or a sale of assorted secondhand objects contributed by donors to raise money for a charity or a charitable purpose for a maximum period of five (5) consecutive days.
Gazebo	A freestanding, roofed, open-sided accessory structure used in a garden, lawn or park, or for aesthetics.
Golf Course	A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. A golf course may also include a practice green and driving ranges, but shall not include a miniature golf course or other similar enterprise.
Grade, Established	The permanently established grade of a lot based on the highest elevation of the center line of a street in front of the midpoint of the lot.
Grade, Finished	The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of a structure, shall be the lowest elevation of all finished grade elevations around the periphery of the structure.
Greenhouse, Residential	An accessory structure used for growing flowers and plants.
Group Camp	Any land or facility for seasonal housing and recreational, educational or business related use by private groups or semi-public groups, such as Boy or Girl Scout camps, fraternal lodges or universities or college conference centers.
Group Family Day Care Home	In accordance with Social Services Law, Section 390, as may be amended from time to time, shall mean a program caring for children for more than three (3) hours per day per child in which child daycare is provided in a owner-occupied single family dwelling for seven (7) to ten (10) children of all ages, or up to twelve (12) children where all of such children are over two (2) years of age, except for those programs operating as a family daycare home which care for seven (7) or eight (8) children. A group family daycare provider may provide child daycare services to two (2) additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
Guest Cottage	A residential structure associated with a single-family dwelling and which: Is used only on an occasional basis. Is used only by guests of the resident(s) of the single-family dwelling; Is not for rent or hire separately from the single-family dwelling; and Contains one-half or less of the enclosed floor space of the associated single-family dwelling or 2,000 square feet, whichever is less.
Health Care Facility	A structure where medical, dental, vision, nutrition, physical therapy, chiropractic, and other similar health care services are furnished to persons on an out-patient basis by physicians or medical professionals who have common offices in a structure which may also offer laboratory/testing facilities, medical or surgical procedures, and similar health care services.
Hedge	A visual barrier of shrubs, bushes, trees or similar plantings.
Historic Property	A place listed in the local, State or National Register of Historic Places.
Home Occupation	A business conducted entirely within a dwelling, garage or accessory structure by the residents of said dwelling which business is clearly secondary to the use of the dwelling for living purposes and which said business does not change or impact the character of the neighborhood. The office of a physician, dentist, lawyer, architect, engineer, realtor, insurance agent, or other professional person who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods shall be deemed to be home occupations; as well as the occupations of seamstress, tailor, child care, barber, beautician, tutoring, the giving of music or dance instruction limited to two (2) pupils at one time. Occupations such as cabinet making, furniture repair, animal hospital, or kennel, florist, auto repair shop, vehicle sales, restaurant, tavern, store, funeral home, mortuary, or other similar uses shall not be deemed to be home occupations.
Hospital	A structure licensed by the State of New York and for the diagnosis, treatment or other care of physical or mental health ailments, including inpatient care and/or outpatient treatment programs and clinics, and which may offer a variety of services such as laboratories, physical therapy, medication education, health screening and referral, rehabilitation programs, day treatment programs and private doctors’ offices. The term shall not include a rest home, nursing home or convalescent home.
House Trailer	See Manufactured Home.
Hunting and Fishing Cabin	A cabin, camp or lean-to or other similar structure designed and used only for occasional occupancy and primarily for hunting or fishing that: Is a one-story structure but may include a sleeping loft; Is built on posts or piers and does not have a permanent foundation; Is served by a sanitary pit privy or chemical toilet and does not have a conventional, onsite wastewater treatment system; Does not have pressurized or indoor plumbing (this prohibition does not preclude a kitchen sink with appropriate grey water leach pit); and Is not connected to any public utilities (such as electric, phone, cable, water or sewer systems).
Indirectly Illuminated Sign	“Indirectly Illuminated Sign” means any sign illuminated by a lighting device or reflecting the light thereof, but not emitting any light and, therefore, not a luminous sign.
Industrial Use	A use whereby the mechanical or chemical transformations of materials or substances into new products, including the assembling, fabrication, finishing, manufacturing, packaging, blending or processing of component parts, materials, substances, or a combination thereof, including but not limited to oils, plastics, resins, etc. An industrial use that sufficiently meets the terms of a permitted use more specifically defined than Industrial Use, such as Agricultural Processing, shall be deemed said specific use. This term does not include mineral extractions, private and commercial sand and gravel extractions, sawmills, chipping mills, pallet mills and similar wood using facilities.
In Existence	Means (a) with respect to any land use or development, including any structure, that such land use or development has been substantially commenced or completed, and (b) with respect to any subdivision or portion of a subdivision, that such subdivision or portion has been substantially commenced and that substantial expenditures have been made for structures or improvements directly related thereto.
Junk	Items, whether or not having any value, including the following examples but not limited to: any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, bailed, disposed of, or for other use or disposition such as inoperative boats, inoperable motor vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, machinery, brush, lumber, garbage and solid waste.
Junk Automobile/Motor Vehicle	Any motor vehicle or junk motor boats, or used parts or waste materials from motor vehicles or boats which, taken together, equal in bulk one or more such vehicle or boat, which is: Unlicensed or unregistered; or Abandoned, wrecked (stored), discarded, dismantled, or partly dismantled; or Vehicle is in such a condition that it is economically infeasible to restore the vehicle to an operating condition. “Economically infeasible” means the cost of restoring the vehicle to an operating condition exceeds the market value of the vehicle. Not in condition for legal use upon the public highways, waterways or trails. Non-motorized boat not used after extended period of time. A motor vehicle not displaying a current motor vehicle registration or license plate or current valid motor vehicle inspection sticker shall be presumptive evidence that such motor vehicle is not in condition for legal use upon highways. With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle unless refuted by verifiable and credible proof. Motor Vehicles as set forth in Section 302.8 of the Property Maintenance Code of New York State shall be further defined to include and is not limited to the following: All vehicles propelled or drawn by power originally intended for use on public highways, trails, and waterways including but not limited to automobiles, buses, trailers, trucks, tractors, motor homes, motorcycles, and mini-bicycles, boats, personal water craft, all-terrain vehicles, snowmobiles, camping trailers, construction and farm equipment.
Junkyard	Means any open lot or area for the dismantling, storage or sale, as parts, scrap or salvage, of used or wrecked motor vehicles, machinery, scrap metals, waste papers, rages, used or salvaged building materials or other discarded materials. The outdoor storage or deposit of any of the following, whether in connection with another business or not shall be deemed a junkyard: 3 or more junk motor vehicles. 2 or more junk mobile homes. 4 or more junk appliances 5 or more pieces of junk furniture.
Land Use or Development or Use	Any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of the use of land or a structure. Land use and development shall not include any landscaping or grading which is not intended to be used in connection with another land use, or ordinary repairs or maintenance or interior alterations to existing structures or uses.
Landmark	A notable building or place with architectural, historical, cultural, aesthetic or geographical significance.
Landowner	A person, firm, partnership or other legal entity owning a parcel of land.
Landscaped Area	An area that is permanently devoted and maintained for the growing of shrubbery, grass and other planted material.
Landscaping	The improvement of a lot, parcel or tract of land with grass and shrubs, trees, and/or other planted material. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary, and other similar natural objects designed and arranged to produce an aesthetically pleasing effect.
Level of Natural Ground	“Level of natural ground” means the level of ground prior to any grading or fill done primarily for the purpose of erecting any sign or raising the level of a sign’s allowable height.
Line, Street	The dividing line between the street and the lot.
Loading Space	Any off-street space available and used for the loading or unloading of materials, goods and products.
Lot	The land, including plot, either vacant or occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance, having not less than the minimum area and width required by this ordinance for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
Lot Area	The total horizontal area included within lot boundaries. Lot area shall exclude areas within a public right-of-way.
Lot Coverage	The percentage of the lot area covered by structures and accessory structures.
Lot Setback	The least horizontal distance from an existing or proposed building or structure to the nearest point in an indicated lot line or street line.
Lot Line, Front	In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the street lot line as selected by the property owner.
Lot Line, Rear	The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
Lot Line, Side	The property line extending from the front lot line to the rear lot line.
Lot Lines	The property lines bounding a lot.
Lot Width	The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district. For purposes of new building construction and in the case the lot width as measured above is substandard and in the case all other dimensional requirements of the lot as prescribed by this Article are satisfied, the lot width shall be measured at a length defined as parallel to and 15 feet from the face of the proposed structure as it is oriented to the front lot line.
Lot, Interior	A lot other than a corner lot.
Lot of Record	Any lawfully created lot which has been established as such by plat, survey record, or deed prior to the date of this Article as shown on the records in the Office of the County Clerk.
Lot, Through	A lot which faces on two (2) streets at opposite ends of the lot and which is not a corner lot.
Luminous Sign	“Luminous sign” means an incandescent or other sign which gives forth its own light, or any transparent or translucent sign through which artificial light is emitted, including, without limitation, any neon sign, fluorescent sign, or advertising light display.
Major Public Utility Use	Any electric power transmission or distribution line and associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone inter-exchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to provide initial telephone service for new structures; any television, cable television, radio, telephone or other communication transmission tower; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks, designed to service 50 or more principal buildings. Any use which is subject to the jurisdiction of the Public Service Commission pursuant to article seven or eight of the Public Service Law or other prior approval by the Public Service Commission pursuant to the Public Service Law is not a major public utility use for the purpose of these regulations except for the shoreline restrictions in which case the bodies having jurisdiction over such uses under such article or other provision shall have the authority of the agency or a local government under these regulations.
Manufactured Home	Any self-contained dwelling unit that has either a permanent steel chassis or is designed to be transported on its own wheels or those of another vehicle may contain the same water supply, sewage disposal and electrical systems as immobile housing and may be used for either permanent or seasonal occupancy. A dwelling unit that is constructed in sections and transported to and assembled on the site is not considered a mobile home.
Manufactured Home Park	Any parcel of land under single ownership which is designated and improved for the placement of two (2) or more manufactured/mobile homes.
Manufacturing	The manufacture from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products, as well as the incidental storage, sale and distribution of such product or parts.
Marina	A facility providing boat docks or moorings for a fee or other consideration and often offering supply, storage, repair and other services.
Mean High Water Mark	The average annual high water level.
Mineral Extraction	Any extraction, other than specimens or samples, from the land of stone, coal, ore, talc, granite, petroleum products or other materials, except for commercial sand, gravel or topsoil extractions, including the construction, alteration or maintenance of mine roads, mine tailing piles or dumps and mine drainage.
Mineral Extraction Structure	Any mine hoist ore reduction concentration, sintering or similar facilities and equipment, administrative buildings, garages or other mine buildings or structures.
Mixed Use	A combination of permitted uses within a Zoning district and whereby specified uses may be co-located in the same structure.
Modular Home	A dwelling unit assembled on site in accordance with New York State Building Code and municipal codes and bearing the insignia of approval by the Secretary of State of New York which is composed of components substantially assembled in a manufacturing plant and transported to a building site for final assembly on a permanent foundation.
Motor Homes	See recreational vehicle.
Multiple Family Dwelling	Any apartment, town house, condominium or similar building, including the conversion of an existing single-family dwelling, designed for occupancy in separate dwelling units therein by more than one family, but excludes a boarding home. Any such building containing two (2) or more separate dwelling units used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times.
Museum	A structure serving as a repository and display for a collection of natural, scientific, cultural or literary curiosities, objects of interest or works of art, and arranged for public observation and appreciation, with or without an admission charge, together with customary accessory uses including, for example, retail sale of goods to the public; café food service; art, dance and music performances; literary readings and showing of videos.
Noncomplying Structure	A structure that was lawfully erected prior to the adoption of Town of Caroga’s Zoning Ordinance on 1/1/19 or any amendments but that no longer complies with all regulations applicable to the zoning district in which the structure/building is located.
Noncomplying Lot	A lot lawfully in place prior to the adoption of the updated Town of Caroga Zoning Ordinance on 1/1/19 or any amendments which does not comply with the area, space, frontage, location or other provisions of the Zoning District in which the lot is located.
Nonconforming Use	A use of land lawfully in place prior to the adoption of the updated Town of Caroga Zoning Ordinance on 1/1/19 or any amendments which does not conform to the use regulations for the zoning district in which such use is located.
Nursing or Adult Home	A structure, other than a hospital, licensed for nursing care by the State of New York, where persons are habitually housed, furnished with meals and nursing care for remuneration for more than five (5) but not more than 16 occupants, excluding staff.
Occupied	To occupy, utilize or live in a structure or parcel of land.
Off-Premise Sign	Any sign advertising or calling attention to any business or activity not located on the same continuous parcel or real estate, as the sign or any sign advertising or calling attention to any commodity or service not sold or offered upon the same continuous parcel of real estate as the sign.
On-Premise Sign	A sign that is erected and maintained only on the same parcel of land where the subject of the sign is located.
Open Space	An unoccupied space open to the sky on a lot with or without a structure.
Open Space Recreation Use	Any recreation use particularly oriented to and utilizing the outdoor character of an area, including a snowmobile, trail bike, jeep or all-terrain vehicle trail; cross-country ski trail; hiking and backpacking trail; bicycle trail; horse trail; picnic area, public park, public beach or similar use. A use involving the filling of wetlands or substantial construction or land disturbance is not Open Space Recreation Use.
Outdoor Wood Boiler or Furnace	A wood-fired furnace located outdoors or in a location that is separate from the space to which it provides heat. The furnace heats water or air that heats a structure.
Parcel	See “Lot”.
Parking Lot	An off-street, ground-level open area for the temporary storage of motor vehicles. Does not include an area used exclusively for the display of motor vehicles for sale as part of a motor vehicle sales establishment.
Parking, Shared	Two (2) or more land uses or a multi-tenant structure that merges parking needs based on different operating hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result in a superior grouping of building(s).
Parking Space	A stall or berth which is arranged and intended for parking a vehicle in a garage or parking lot.
Patio	A paved concrete, brick, flagstone, etc. outside area used for dining, recreation or similar purposes that is flush to the ground.
Person	An individual, corporation, partnership, association, trustee, municipality or other legal entity but shall not include the State of New York or any State agency.
Planning Board	The Town of Caroga Planning Board.
Playhouse	A small structure that children play inside of.
Porch	An accessory structure consisting of a roofed-over structure, projecting out from the wall or walls of a main structure and often open to the weather.
Portable Structure	A portable structure constructed of a tubular frame with synthetic or canvas skin covering commonly used for storage or as a greenhouse. Such a structure shall not be used for human or animal habitation.
Principal Building	A principal building may be any one of the following: A single-family dwelling constitutes one principal building; A mobile home constitutes one principal building; A tourist cabin or similar structure for rent or hire involving three hundred (300) square feet or more of floor space constitutes one principal building; Each dwelling unit of a multiple family dwelling constitutes one principal building; Each motel unit, hotel unit or similar tourist accommodation unit which is attached to a similar unit by a party wall, each accommodation unit of a tourist home or similar structure, and each tourist cabin or similar structure for rent or hire involving less than three hundred (300) feet of floor space, constitutes one-tenth of a principal building. Each commercial use structure and each industrial use structure in excess of three hundred (300) square feet constitutes one principal building except that for a commercial use structure which involves the retail sale or rental or distribution of goods, services or commodities, each eleven thousand square feet of floor space, or portion thereof, of such commercial use structures constitutes one principal building; All agricultural use structures and single-family dwellings or mobile homes occupied by a farmer of land in agricultural use, his employees engaged in such use and members of their respective immediate families, will together constitute and count as a single principal building; Up to four (4) community housing dwelling units which qualify pursuant to § 802-17(a) of the APA Act and are located on a contiguous parcel meeting the overall intensity guidelines constitute one principal building; Any other structure which exceeds twelve hundred fifty (1250) feet of floor space constitutes one principal building; A structure containing a commercial use which is also used as a single-family dwelling constitutes one principal building An accessory structure does not constitute a principal building.
Principal Use	The main or primary purpose of which a structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained. The use of any other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this Article shall be considered an accessory use.
Private Club or Lodge	A structure used by a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
Professional Offices	A business office or agency providing services to the general public by one or more professionals such as a lawyer, engineer, architect, accountant, licensed medical professional, chiropractor, therapist, dentist, or similar licensed occupation.
Public Uses and Structure	Federal, state, county or city buildings, educational facilities, police stations, fire stations, libraries, churches, playgrounds, and city parks.
Public Park	A lot, or portion thereof, owned by any public agency, used or intended to be used for recreation purposes including parks, playgrounds, play fields or other outdoor recreation facilities.
Public Utility	Any public utility use, equipment or structure which is not a “major public utility use.” A public utility use does not include any use which is subject to the jurisdiction of the public service commission pursuant to article seven or article eight of the public service law.
Recreation, Public	An outdoor or indoor use or structure that provides recreational activities such as swimming, tennis courts, playground, basketball, baseball and other similar activities for which no fees are charged or tickets sold to use or participate in any recreational activity.
Recreational Vehicle (RV)	Any portable vehicle including a pop-up, camper, motor home, a travel trailer which is self propelled or designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes, and which may or may not include all of the accommodations and facilities customarily included in a mobile home.
Recreational Vehicle Park	A parcel of land under single ownership which is designed and improved for the placement of two (2) or more Recreational Vehicle/Travel Trailers thereon to be used for temporary living quarters and for occupancy of not more than one hundred twenty (120) consecutive days.
Regulatory Floodway	The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study.
Repair	Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment with like or similar materials or parts for the purpose of maintenance of such building, structure, device or equipment.
Retaining Wall	A permanent structure of cribbing, wood, masonry, stone, concrete or other material that supports a mass of soil; thus, rip rap constitutes a retaining wall. Retaining walls shall be measured either in elevation (face) view or plan (top) view, whichever is larger.
Riding Stable and Academies	A school for instruction in equestrianism or for hiring of horses for pleasure riding.
Road/Street	A public or private way accepted by the Town for public use which affords the principal means of access to abutting properties, including the sidewalks.
Road/Street Line, Maintained	A line separating a lot from a street that is used for the purposes of determining lot area and setback requirements.
Road/Street Width	The width of the right-of-way or the distance between property lines on opposite sides of a street.
Sand & Gravel Extraction, Commercial	Any extraction from the land of more than fifty (50) cubic yards in any two-year period of sand, gravel or topsoil: For the purpose of sale or use by persons other than the owner of land. For the purpose of use by any municipality.
Sand & Gravel Extraction, Private	Any extraction from the land of sand, gravel or topsoil for the purpose of use, but not sale, by the owner of the land, or any extraction for the purpose of sale of less than fifty (50) cubic yards in any two-year period.
Satellite Dish	A dish used to receive or transmit data programming services, including but not limited to direct broadcast satellite programming services or high-speed internet access.
Sawmill	A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped, planed or otherwise processed to produce wood products, not including the processing of timber for private, on-premises, non-commercial activities.
Seasonal	A time period not to exceed 180 days.
Shed	A structure less than 100 square feet used for storage.
Shoreline	The line at which land adjoins the waters of lakes, ponds, rivers and streams at mean high water within the Town.
Shoreline Structure Setback	The shortest line, measured horizontally, between any point of a structure and any point on the shoreline at the mean high water mark.
Shoreline Lot Width	The distance measured along the shoreline as it winds and turns between the boundary lines of a lot as they intersect the mean high water mark of any pond or lake and the shorelines of any river defined as wild, scenic or a recreational river in accordance with the Environmental Conservation Law or any river or stream navigable by boat, including by canoe.
Sidewalk	A hard surfaced path along the side of a street or road.
Sign	A “sign” shall not include any sign having a sign area no greater than 3 square feet that is used simply to mark property boundaries, give direction regarding roads or trails, exclude hunting, fishing, or other activities, warn of any hazard or condition, if for a residence, denote the name and address of the occupants of the premises on which the sign is located, or advertise the availability of the premises or some portion thereof for sale or lease. A sign is defined as a billboard, advertising structure or inscribed surface, pattern of artificial lighting, pictorial or symbolic ornament, emblematic structure, banner, fluttering apparatus, statue, model, ornamental figure or other visually communicative or expressive device that is visible from an out-of-doors position and is used to advertise or call the public’s attention to any business, commercial, industrial, tourist or any other activity, object for sale or lease, person or place, or to bear any kind of message. It includes any surface on which a name text, device, signal, ornament, logotype or advertising matter is made visible. The meaning of “sign” shall also include any sign currently in disuse but still visible from an out-of-doors position, and any frame or support structure erected specifically to bear or uphold a sign. The meaning of “sign” shall not include any sign erected by the federal, state, county or local government or any department or agency thereof, any poster placed temporarily to advertise a civic event or an event sponsored by a house of worship, school, library, museum, social club, or society, or any patriotic flag or banner not used for commercial advertisement purposes.
Sign Area	“Sign Area” means the total area of all faces or surfaces of a sign anywhere upon which writing or any illustrative, emblematic, or other artistic or expressive matter appears, or, in cases where writing or illustrative, emblematic, or other artistic or expressive matter is not set against any face or surface, the total; area within a single continuous rectangular perimeter enclosing the extreme limits of such writing or illustrative, emblematic, or other artistic or expressive matter. The sign area of a sign having more than one face or surface on which writing or illustrative, emblematic or other artistic or expressive matter appears shall be the total area of all such faces or surfaces; but if a sign consists of two (2) such faces or surfaces placed back-to-back, the sign area of the side having the greater sign area shall constitute the total sign area. The sign area of a group of connected or related signs shall be the sum of the sign areas belonging to it.
Single-Family Dwelling	Any detached structure containing one dwelling unit, not including a manufactured home.
Site Plan	A drawing, containing necessary elements, prepared by a NYS licensed engineer, architect or land surveyor to specifications and, as set forth in this Article, which shows the arrangement, layout and design of the proposed use of a single parcel of land.
Ski Center	Any trail or slope for alpine skiing, including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto.
Solar Farm	The use of land where a series of one (1) or more solar panels are placed in an area on a parcel of land for the purpose of generating photovoltaic power and said series of one (1) or more solar panels placed in an area on a parcel of land collectively has a nameplate generation capacity of at least 40 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.
Solar Panels and Arrays	Panels located on the ground, on support pole(s), or roofs of a structure, which use either the sun’s energy directly to heat water or to produce electricity.
Special Event Use	The use of one’s property for the temporary placement, which shall be for less than 72 hours in duration, of travel trailers, travel vehicles, tents, motor homes or any other form of temporary residence, on an individual lot that is required as part of a certain event allowed under the Town’s Zoning Ordinance.
Special Use	A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before it may be permitted in a District. Designated by a “SUP” in the Use Table contained in Article 4.
Square Feet of Floor Space of a Structure	The area in square feet measured from the exterior walls of a structure, including the sum total of all floor areas, and including all attached covered porches and covered decks, and all other attached components with a roof or cover. The area shall also include any finished attic or basement. For the purposes of this definition, a finished basement or attic is one which contains walls, flooring, and ceiling suitable for use as a bedroom, living room, playroom or office area, or if a non-residential use, suitable for storage, work area, or office.
Story	That portion of a structure included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
Structure	Any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, single-family dwellings, mobile homes, signs, tanks, fences and poles, and any fixtures, additions and alterations thereto.
Structure Height	The vertical distance measured from the highest point of a structure to the lowest point of either the natural or finished grade.
Subdivision	Any division of land into two (2) or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. Subdivision of land shall include any map, plat or other plan of the division of land, whether or not previously filed. Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses.
Swimming Pools	Any private outdoor artificial body of water or receptacle for water having a depth at any point greater than two (2) feet and used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground including hot tubs and spas.
Telecommunications Facility	A structure that houses any or all of the physical elements of the central cell facility including receivers, transmitters, and other apparatus needed for cellular/pc’s operation (also known as a Base Transceiver Station (BTS).
Telecommunications Tower	A structure on which one or more antennae will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier.
Temporary Sign	“Temporary Sign” shall mean any poster, placard, sign or banner placed temporarily to advertise a civil or special event.
Tourist Accommodation	Any hotel, motel, resort, tourist cabin or similar facility designed to house the general public. Excludes recreational vehicles.
Tourist Attraction	Any manmade or natural place of interest open to the general public and for which an admittance fee is usually charged, including but not limited to, animal farms, amusement parks, replicas of real or fictional places, things or people and natural geological formations.
Townhouse	A structure consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit and each unit is separated from another by one or more vertical, common, fire-resistant walls.
Tree House	A Tree House is a building constructed above the ground among the branches, around or next to the trunk of one or more mature trees.
Undertake	(1) Any commencement of a material disturbance of land, including the commencement of road construction, grading, the installation of utilities, clearing of building sites, excavation (including excavation for the installation of foundations, footings and septic systems), or any commencement of landscaping or any other material disturbance of land preparatory or incidental to a proposed land use or development or subdivision. (2) Undertake also means in the case of a subdivision to execute and to deliver any contract, mortgage or conveyance which actually or constructively transfers possession of or title to land. (3) Preliminary field survey work unaccompanied by more than minimal vegetative clearing necessary for such purposes, the digging of soil test pits, the performing of soil percolation tests and other minor site inspections, the staking of lots or the securing of other approvals or permits required by law, shall not be considered undertaking a project.
Use	The specific purpose, for which land or structure is designed, arranged or intended or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any “nonconforming” use.
Use, Prohibited	Any use or structure which is not an allowed by right, by Site Plan Approval, or by Special Use Permit, in a given zoning district or which is not an accessory use or structure shall be a prohibited use in that zoning district.
Variance	A grant of relief from one or more of the requirements of this Article.
Variance, Area	The authorization by the Zoning Board of Appeals to vary the dimensional or physical requirements of the applicable zoning regulations.
Variance, Use	The 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.
Wall	A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure.
Warehouse	The use of a structure or lot for the storing of goods, wares, and merchandise, whether for the owner or for others, prior to shipment elsewhere.
Waste Disposal Area	Any area for the disposal of garbage, refuse, and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use.
Watershed Management or Flood Control Project	Any dam, impoundment, dike, rip rap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of rivers or streams or the natural level or condition of rivers or streams or the natural level or condition of lakes and ponds.
Wetlands	Any land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh, which is either (a) one acre or more in size; or (b) located adjacent to a body of water, including a permanent stream, with which there is free interchange of water at the surface, in which case there is no size limitation.
Wholesale Distribution	A place of business primarily engaged in selling merchandise, distributing merchandise, or both to (1) retailers, (2) industrial, commercial institution, or professional business users or (3) other wholesalers, or acting as agents or brokers of merchandise to such individuals or companies.
Wind Energy System, Large	A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronic, which has a rated capacity of more than 100kw.
Wind Energy System, Small	A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 100kw and which is intended primarily to reduce onsite consumption of utility power.
Windmill	A unit that converts wind energy into rotational energy through the use of vanes called blades or sails.
Yard	An unoccupied space open to the sky on the same lot between a structure and a lot line.
Yard, Front	A yard extending between the side lot lines of the lot and is situated between the front line of the principal building or use and the maintained edge of the road or highway. The depth of the front yard shall be measured between the front line of the structure or use and the maintained edge of the road or highway. Covered porches, whether or not enclosed, shall be considered as part of the main building and shall not project further than the allowed front line setback. A shoreline is in the rear of a lot.
Yard, Rear	A yard extending between the side lot lines of a lot and situated between the rear lot line and the rear line of the Principal Building or use projected to the side lot lines; or, on a corner lot, a yard extending between the interior side lot line and the exterior side yard and situated between the rear lot line and the rear line of the Principal Building or use projected to such interior side lot line and exterior side yard. A shoreline is in the rear of a property.
Yard, Side	A yard extending between the front yard and the rear yard of a lot and situated between the side lot line and the adjacent side line of the Principal Building or use; or, on a corner lot where a side lot line abuts a street, a yard extending between the front yard and the rear lot line and situated between the side lot line and the side line of the Principal Building or use projected to the rear lot line. Exterior side yard means a side yard abutting on a street line. Interior side yard means a side yard abutting on a lot line of an adjoining lot.
Zoning Board of Appeals	The entity charged with carrying out the requirements delegated to it by this Zoning Ordinance, including but not limited to: interpreting the provisions of the Zoning Ordinance; reviewing actions of the Code Enforcement Officer; and the granting or denial of variances.
Zoning District	A classification within which the regulations specified in this Ordinance are uniform and which are assigned to particular areas of the Town by delineation upon the Zoning District Map.
Zoning Map	The map identified by the signature of the Town Supervisor and dated and attested to by the Town Clerk following the words: “This is to certify that this is the Official Zoning Map of the Town of Caroga”.