As used in this chapter, the following terms shall have the meanings indicated:
ABOVEGROUND TANK
Any stationary tank which is not entirely covered with earth or other backfill material.
ACCESSORY BUILDING
A building subordinate to, detached from and smaller than the main building on a lot and used for purposes customarily incidental to those of the main building, including, but not limited to, sheds, garages, barns, gazebos and swimming pools.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, including, but not limited to, sheds, garages, barns, gazebos and swimming pools.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
ALLEY
A service way which generally affords secondary public means of vehicular access to abutting property.
ALTERATION
A.
Any change to a structure which is not merely a repair or replacement of an existing part, or any modification which would:
(1)
Enlarge or diminish the livable area of the structure or any part thereof; change the number of dwelling units contained in any structure.
(2)
Cause a change in the location of, or the height of, the exterior walls or roof of the structure.
(3)
Move the structure from one position to another.
(4)
Change any exit or entrance facilities.
(5)
Include installation of an exhaust fan in commercial facilities.
(6)
Change structural parts, including bearing walls, beams, girders, and columns.
B.
A building permit is required for all exterior alterations. A change in exterior facade (new siding or storefront) is not considered an alteration unless it includes one or more of the items above.
ANIMAL HOSPITAL
Any structure under veterinary supervision for the treatment of sick or injured animals. Such facility shall be completely enclosed, air conditioned and soundproofed.
ANTENNA, DISH OR TOWER-TYPE RECEIVING AND/OR TRANSMITTING
A device for receiving or transmitting electronic waves.
APARTMENT
A portion of the building providing housekeeping facilities for one family, including provisions for living, sleeping, eating, cooking and sanitation.
APARTMENT BUILDING
A multiunit building intended solely for dwelling purposes (see "dwelling unit").
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
APPROVING AUTHORITY
The Village Board of Trustees, unless this authority has been delegated.
AQUIFER
A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to the wells.
AQUIFER RECHARGE AREA
The surface and subsurface land areas that collect precipitation or surface water and transmit this water to an aquifer.[1]
BASEMENT
A space of full story height below the first floor, which is not designated or used primarily for year-round living accommodations.
BED-AND-BREAKFAST
Any residential building or portion thereof containing one or more guest rooms where a fee is paid. "Guest room" shall be defined as a room arranged or designed to be occupied by one or more guests for sleeping purposes. Meals will be limited to the serving of breakfast to overnight guests.
BUILDING
Any roofed structure other than a trailer intended for the shelter, housing or enclosure of persons, animals or chattels. When a building is divided into separate parts extending from the ground up, each part is deemed a building if it occupies more than 100 square feet of area.
BUILDING AREA
The ground area of each building, exclusive of uncovered porches, parapets, steps and terraces.[2]
BUILDING COVERAGE
The percentage of the lot area covered by the building area (see Schedule A typical area plan).[3][4]
BUILDING, HEIGHT OF
Vertical distance from the mean natural grade at the foundation to the highest peak of the roof.
BUILDING, TRADE SHOP
An establishment for use by the practitioner of a building trade, such as a carpenter, welder, plumber, electrician, builder, mason or similar occupation.
BUSINESS/PROFESSIONAL OFFICE
A building or portion of a building wherein services are performed involving administrative, professional or clerical operations.
CAR WASH
A structure designed or intended primarily for the washing of vehicles using power washing equipment. The construction and maintenance of such a structure is subject to Article V, § 260-12K, and requires the approval of the Zoning Board of Appeals.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
CODE ENFORCEMENT OFFICER
Shall be appointed by the Village Board with the duties to enforce this chapter and relevant referenced laws as directed by the Village Board.
COMMERCIAL RECREATION (INDOOR)
Facilities operated as a business and open to the public for uses such as a bowling alley, theater, table tennis or pool hall, skating rink, curling, gymnasium, swimming pool, hobby workshop, and similar palaces of indoor paid recreation.
COMMERCIAL RECREATION (OUTDOOR)
Facilities operated as a business and open to the public for uses such as horseback riding, swimming, golf courses, driving ranges, miniature golf, outdoor amusement park, go-cart track, motor-cross course, batting range and outdoor and open-air live theater.
CONCENTRATED AGRICULTURAL OPERATIONS
Any form of agricultural operation, including feed lots and poultry operations, which produces, because of its confined nature, large amounts of animal and related wastes in a limited area.
CONSERVATION
Use of land in its natural state or improved with trails or resource management programs that do not significantly alter its natural state.
CONSTRUCTION YARD
Facility or area for storage, open or enclosed, for construction equipment or materials.
CONVENIENCE STORE
Any retail establishment offering for sale gasoline, prepackaged food products, household items and other goods commonly associated with the same and which has a gross floor area of less than 5,000 square feet.
DAY CARE[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
CHILD DAY-CARE PROGRAM
A program providing childcare as defined in 18 NYCRR Part 418.
B.
DAY-CARE CENTER
A program or facility in which care is provided on a regular basis to more than six children for more than three hours per day per child.
C.
DAY-CARE HOMES:
(1)
GROUP FAMILY DAY-CARE HOMES
A family home which is a personal residence and occupied as a family residence, which provides child day care to seven to 12 children, as defined in 18 NYCRR Part 416.
(2)
FAMILY DAY-CARE HOMES
A family home which is a personal residence and occupied as a family residence, which provides child day care on a regular basis for more than three hours a day to three to six children, as defined in 18 NYCRR Part 417.
D.
SCHOOL-AGE CHILD-CARE PROGRAM
Care provided on a regular basis to seven or more children under 13 years of age or who are incapable of caring for themselves, where such children attend school or kindergarten. "School-age child-care program" means a program providing school age child care as defined in 18 NYCRR Part 414.
E.
SMALL DAY-CARE CENTER
A program or facility which is not a personal residence in which care is provided to three through six children for more than three hours per day per child. "Child day-care program" means a program providing child-care as defined in 18 NYCRR Part 413.
DEDICATION
The deliberate appropriation of properly by its owner for general public use.
DESIGN MANUAL
The New York State Stormwater Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.
DOWNGRADIENT
Portions of a lot defined by areas of lower land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (upgradient areas) to areas of lower elevation (downgradient areas). See definition for "upgradient."
DRIVE-THROUGH FOOD SERVICE
Any place used for the sale, dispensing or serving of food, refreshments or beverages to persons in motor vehicles, including those establishments providing pickup service and where customers may service themselves and may eat or drink on the premises. The construction and maintenance of such places is subject to Article V, § 260-12.
DUMP
Any area used for storage or disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, or discarded machinery, vehicles, or parts thereof, or waste material of any kind. A dump does not include a landfill. A landfill is prohibited in all districts. See also "junkyard."
DWELLING UNIT
A building, or portion thereof, providing housekeeping facilities for one family, including provisions for living, sleeping, eating, cooking and sanitation, other than a trailer.
DWELLING, CONDOMINIUM
Any apartment, townhouse or other residential building or portion thereof involving a combination of two kinds of ownership of real property: a) fee simple ownership of the individual dwelling unit; b) undivided ownership together with other purchasers of the common element of the structure, land and appurtenances. (Number of dwelling units to determine jurisdictional authority.)
DWELLING, MODULAR
A living unit designed only for erection or installation on a site-built permanent foundation, and not designed to be moved once erected on such foundation, and designed and manufactured in compliance with the local and New York State Building Construction Code.
DWELLING, MULTIFAMILY
A structure or group of structures containing three or more dwelling units physically connected by a common wall and/or roof. This includes condominiums, townhouses and cooperatives.
DWELLING, TOWNHOUSE
See "dwelling, multifamily."
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
FAMILY
One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FERTILIZED VEGETATION
Areas of vegetation being cultivated by humans that require the application of fertilizers, pesticides or other substances in order to grow or maintain their existence.
FERTILIZER
Any commercially produced mixture that contains phosphorus, nitrogen, and/or potassium. that is applied to the ground to increase nutrients to plants.
FLOODPLAIN
Any area adjacent to a water body which is subject to inundation from high water and/or wave action and, at a minimum, that area subject to a 1% or greater chance of flooding in any given year. All areas designated as special flood hazard zones by the Federal Insurance Administration's Official Map for the town shall be considered as floodplain areas. Further determination of the extent or existence of "floodplains" shall be based on the best available information from federal, state and local offices.
FLOOR AREA RATIO (FAR)
The maximum square footage of building floor area (all stones) permitted for each square foot of lot area. Thus, a permitted FAR of 25 on a 100,000-square-foot lot would allow a building whose total floor area is 2,500 square feet. FAR provisions give developers flexibility in deciding whether to build a low building covering more of the lot or a higher building covering a smaller portion of the lot.
GARAGE, PRIVATE
A building or enclosure primarily designed or used for storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car leased to a nonresident of the premises.
GARAGE, PUBLIC or SERVICE STATION
A building or part thereof used for the storage, hiring, selling, greasing, washing, servicing and repair of motor vehicles, operated for gain.
GARAGE, STORAGE
A building, or part thereof, used only for the storage of vehicles for gain, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
GASOLINE STATION
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline, oil or other motor fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting. No more than five uninspected motor vehicles shall be on the site at any given time. Such structure is subject to approval required by Article V, § 260-11P.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
GREEN SPACE
An area devoted to vegetation, plants and foliage that may also include water in a natural setting of falls, streams and pools.
GROUNDWATER
All the water found beneath the surface of the land and present in aquifers and aquifer recharge areas.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR Part 597, List of Hazardous Substances, or a mixture thereof.
HAZARDOUS WASTE
A waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous waste, because of its quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed.
HERBICIDES
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as "herbicides" pursuant to Environmental Conservation Law § 33-0101.
HOME OCCUPATIONS
An occupation or profession carried on within a dwelling unit or an accessory structure, used by a person residing in the dwelling unit, and which is clearly incidental to the use of the dwelling unit for residential purposes.
HOTEL and MOTEL
A building or group of buildings where transient guests are lodged for hire, but excluding rooming houses.
HUMAN EXCRETA
Human feces and urine.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries, which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JUNKYARD
A lot, land, or structure, or part thereof, used for the collection, storage or sale of wastepaper, rags, scrap metal, used or salvaged building or other discarded materials, or for the collection, dismantling, storage, and salvaging of machinery or vehicles. It shall mean any place of storage or deposit, whether in connection with a business or not, where two or more unlicensed, old, or second-hand motor vehicles no longer in condition for legal use on a public highway are held, whether for the purpose of resale of used parts or materials therefrom or not. (Prohibited in all districts.) See also "dump."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a large common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LOT
A parcel of land considered as a unit, occupied or capable of being occupied by one building and accessory buildings or uses, or by a group of buildings united by common use or interest, and including such open spaces, including parking and locating, as are required by this chapter, and having its principal frontage upon a street or an officially approved place.
LOT AREA
The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of lot area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT FRONTAGE
That portion of the lot abutting the street line; in the case of a lot that abuts more than one street, the builder/owner may designate either street line as the lot frontage.
LOT WIDTH
The distance between side lot lines, measured at right angles to the lot depth at a point from the front lot line equal to the front yard specified for district.
LOT, CORNER
A lot abutting upon two or more streets at their intersection, and having an interior angle at the corner of the intersection of less than 135°.
LOT, INTERIOR
A lot bounded by a street on one side only.
LOT, THROUGH
A lot having frontage on two approximately parallel or converging, streets.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MANUFACTURED HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight 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 foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined below.
MANURE
Animal feces and urine.
METES AND BOUNDS
Surveying terms that measure property.
MOBILE HOME
A movable or portable unit, manufactured prior to January 1, 1976, designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity. A travel trailer or motor home is not considered to be a mobile home. Travel trailers and motor homes are listed under recreational vehicles and are subject to rules and regulations of §
260-28.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MODULAR HOME
See "dwelling, modular."
MOTOR VEHICLE BODY SHOP
Any area for repair or alteration of the frame or body of motor vehicles. No more than five uninspected or unregistered motor vehicles shall be on site at a given time.
MOTOR VEHICLE SALES
Any activity involving storing, parking, or displaying for the purpose of selling the same, regardless of ownership.
MUNICIPAL WELL
One of any groundwater wells operated by the Village of Clinton for the purpose of providing a public water supply.
NATURAL VEGETATION
Existing and naturally occurring indigenous vegetation which grows and is maintained without need of application of fertilizers, pesticides or other chemical substances.
NONCONFORMING USE
A building, structure or lot occupied by a use at the time of enactment of this chapter or any amendment which does not conform with the use regulations of the district in which it is located.
NONPOINT SOURCE POLLUTION
Pollution front any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSING OR CONVALESCENT HOME
Any dwelling used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are furnished for hire.
ON-SITE CONSUMPTION
The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. On-site consumption does not include the on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having an area of not less than 170 square feet, exclusive of passageways and driveways thereto, and having direct access to a street or alley.
PEST
Any insect, rodent, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law§ 33-0101.
PESTICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or dessicant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101, et seq.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, rerefined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. Waste oil which has been reprocessed or rerefined and which is being stored for sale or use as a fuel or lubricant is considered petroleum for purposes of this chapter.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLOT
A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plot by metes and bounds.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RADIATION
Ionizing radiation; that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, but shall not mean any sound or radio wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL
Any material in any form that emits radiation spontaneously.
RECHARGE
The addition of water to an aquifer or to a pumping well; the replenishment of underground water reserves; also, the amount of water added to an aquifer or a pumping well. Recharge is typically expressed as a rate, e.g., inches per year or gallons per day.
RECREATIONAL VEHICLE
A mobile unit designed and built for recreation travel, camping, or vacation use on land, water, or air. The term includes, but is not limited to, campers, motor homes, travel trailers, truck mounts and trailer-mounted boats. Specific regulations are contained in § 260-28.
ROOMING HOUSE
Any building or portion thereof other than a hotel containing more than four rooms that are customarily used, rented or hired out to be occupied or that are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. The term "rooming house" shall be deemed to include "lodging house" or "boardinghouse."
SATELLITE RECEIVING ANTENNA
See "antenna."
SCREENING
A partition carried to a height that separates and conceals one property from another when viewed at an individual's standing height.
SECONDARY CONTAINMENT
A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface or any water body.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEPTAGE
The contents of a septic tank, cesspool, or other individual wastewater treatment works that receives domestic sewage wastes.
SIGN
Any device affixed to or painted or represented directly or indirectly upon a building, structure, or land and which directs attention to an object, product, place, activity, person, institution, organization or business. Each display surface, other than glass of windows and doors, shall be considered to be a sign.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.
SIGN, FLASHING
Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter any revolving, illuminated sign shall be considered a flashing sign.
SIGN, ILLUMINATED
Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign.
SIGN, TEMPORARY
A sign relating to a single activity or event not lasting more than 30 days.
SLUDGE
The solid, semisolid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
SOLAR COLLECTOR
A device, or combination of devices structured or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.
SOLAR ENERGY
Radiant energy (direct, diffused, and/or reflected) received from the sun.
SOLAR ENERGY STORAGE FACILITY
Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases or solids), controls, and related structural support for transporting and storing collected energy, including structural elements designed for use in passive solar energy systems.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector and energy storage facility (where used) and components for the distribution of transformed energy.
A.
ACTIVE
A solar energy system that requires external mechanical power.
B.
PASSIVE
A solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS (MS4s) GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
SPILL
Any escape of a hazardous substance or petroleum from the primary containers used in the normal course of storage, transfer, processing, or use.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STABLE, PRIVATE
An accessory building in which one or more horses or animals are kept for private use and not for hire, remuneration or sale.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the municipality to accept and review stormwater pollution plans, forward the plans to the applicable municipal board and inspect management practices. Portions of these duties may be delegated to other municipal employees or officers by the SMO.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
STORY
That portion of a building, other than the cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF
The part of a building located wholly or partly within the roof frame, said part having a ceiling height of seven feet or more for an area not exceeding 1/2 the floor area of the story below, and in which space not more than 2/3 of the floor area is finished off as rooms.
STREET
A public or private thoroughfare which affords the principal means of vehicular access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
SWIMMING POOL, COMMERCIAL
A swimming pool installed for the use of paying guests or members. A building permit is required.
SWIMMING POOL, PRIVATE
A swimming pool installed for the primary use and enjoyment of the property owner and family, and for the use of which no fee, membership in a group or club, or residency in a rental unit on or off the premises is required; a private or semiprivate swimming, bathing, wading pool, man-made pond or tank above or below the ground of a permanent or temporary nature which has a depth of more than 24 inches and a water surface of more than 100 square feet. (A building permit is required.) Specific regulations are contained in § 260-9L.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. (See also "bed-and-breakfast.")
TOWNHOUSE
See "dwelling, multifamily."
TRAILER
A wheeled non-self-propelled vehicle of any size, designed to be towed.
UNDERGROUND TANK
Any tank completely covered with earth or other backfill material.
UPGRADIENT
Portions of a lot defined by areas of higher land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (upgradient areas) to areas of lower elevation (downgradient areas). See definition for "downgradient."
USE, NONCONFORMING
A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
VARIANCE
Any relaxation of the terms of this chapter, either for a use or area requirement, based on the property owner's practical difficulty or unnecessary hardship in meeting the strict letter of such terms, which is granted by the Zoning Board of Appeals after review and evaluation against established criteria.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by 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 that is otherwise not allowed or is prohibited by the applicable zoning regulations.
WALL; FENCE; SCREENING
A barrier intended to prevent escape, intrusion or to mark a boundary or act as a vision blocking impediment (screening), often made of posts, wire, boards, masonry, or even live plantings, such as hedges maintained in a groomed condition.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions commonly known as "hydrophytic vegetation."
WIND ENERGY CONVERSION SYSTEM (WECS)
Machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a "wind turbine" or "windmill").
YARD
An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT
The yard across the full width of the lot facing the street, extending from the front line of the building to the Village property line. On a corner lot, a yard shall be provided on each street equal in depth to the required front yard on such streets.
YARD, REAR
The yard across the full width of the lot opposite the front yard, extending from the rear line of the building to the rear property line. The rear yard of a corner lot is the yard opposite the selected front yard. A rear yard shall be open and unoccupied space, except for accessory buildings.
YARD, SIDE
The yard between the side line of the building and the adjacent side property line, and extending from the front yard to the rear yard.[5]