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Dannemora Village City Zoning Code

ARTICLE III

Definitions

§ 100-15 Word usage.

For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows: The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

§ 100-16 Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The voluntary relinquishment of an established use with the intent of permanently terminating such use or occupancy.
[Added 11-4-2020 by L.L. No. 3-2020]
ACCESS
Entranceway for vehicles to leave or enter a property or lot from a public highway or private road.
[Added 11-4-2020 by L.L. No. 3-2020]
ACCESSORY APARTMENT
A dwelling unit that has been added on to, or created within, a single-family house or a preexisting accessory structure and that is clearly subordinate to the primary use as a single-family house. An accessory apartment created within a single-family dwelling is not a two-family house.
[Added 11-4-2020 by L.L. No. 3-2020]
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure, such as garages, outbuildings, swimming pools, energy collection devices and the keeping of domesticated animals.
ADULT ARCADE
An establishment where film, slides, or any other images of specified sexual activities or specified anatomical areas are available for viewing by the public.
[Added 5-5-2004 by L.L. No. 2-2004]
ADULT BOOKSTORE or ADULT VIDEO STORE
A bookstore or video store which as one of its principal business purposes offers for sale or rental any printed matter or videocassettes that depict specified anatomical areas or specified sexual activities. For the purpose of this definition, a "principal business purpose" shall mean that part of the business that constitutes 10% or more of the printed material or videocassettes for sale or rent in the establishment.
[Added 5-5-2004 by L.L. No. 2-2004]
ADULT CABARET
A nightclub, bar, restaurant, juice bar, or similar establishment where persons appear in a state of nudity, or where there are live performances, films, videocassettes or slides characterized by the exposure of specified anatomical areas or by specified sexual activities.
[Added 5-5-2004 by L.L. No. 2-2004]
ADULT CARE FACILITY
A residence for adults that provides temporary or long-term care and services to persons who, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, are unable to live independently.
[Added 5-5-2004 by L.L. No. 2-2004]
ADULT USE OR ENTERTAINMENT ESTABLISHMENT
An establishment, or any part thereof, which includes any of the following: topless or bottomless dancers or waitresses; strippers; topless hair care or massages; entertainment where the servers or entertainers wear pasties or G-strings; adult cabaret; adult arcade; adult bookstore; or adult video store.
[Added 5-5-2004 by L.L. No. 2-2004]
AGRICULTURE
[Amended 11-4-2020 by L.L. No. 3-2020]
A. 
The land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a "commercial horse boarding facility" and "timber processing" as defined in Subdivision thirteen of § 301 of New York State Agriculture and Markets Law 25-AA. Such agricultural parcel may be one of many parcels of land owned and may be contiguous or noncontiguous to each other. Crops, livestock, and livestock products shall include but not be limited to the following:
(1) 
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.
(2) 
Fruits, including apples, peaches, grapes, cherries, and berries.
(3) 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, and onions.
(4) 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees, and flowers.
(5) 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, such as alpacas and llamas, milk, eggs, and furs.
(6) 
Maple sap.
(7) 
Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.
(8) 
Aquaculture products, including fish, fish products, water plants, and shellfish.
(9) 
Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not include farm woodland.
(10) 
Apiary products.
B. 
Note: For the purposes of this definition, it is the intent of this Zoning Law to the following the definition of "Agriculture" as included in the New York State Agriculture and Markets Law § 301. If that definition changes, it supersedes this zoning definition.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure. Examples include windmills and solar water heaters.
ANIMAL HOSPITAL
A business or establishment that treats animals and regularly houses them on the premises overnight and for extended periods for treatment.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
ANTIQUE
Work of art, furniture, or decorative objects made at an earlier period and that is at least 30 years old.
[Added 11-4-2020 by L.L. No. 3-2020]
ANTIQUE STORE
A retail establishment with more than 50% of its merchandise being sold as antiques.
[Added 11-4-2020 by L.L. No. 3-2020]
APARTMENT
A portion of a building used as a dwelling unit. (See definition of "dwelling unit.")
[Added 11-4-2020 by L.L. No. 3-2020]
APARTMENT BUILDING
A building containing one or more apartments.
[Added 11-4-2020 by L.L. No. 3-2020]
ARCHITECTURAL FEATURES
A prominent or significant part or element of a building, structure, or site.
[Added 11-4-2020 by L.L. No. 3-2020]
AVERAGE DAILY TRAFFIC
The average number of vehicles per day that enter and leave the premises or travel over a specific section of road.
[Added 11-4-2020 by L.L. No. 3-2020]
BAR
An establishment selling alcoholic beverages for on-site consumption as a principal use.
[Added 11-4-2020 by L.L. No. 3-2020]
BEAUTY SALON/BARBERSHOP/MANICURE PARLOR
A place where your hair, face, and body can be given special treatments to improve their appearance.
[Added 11-4-2020 by L.L. No. 3-2020]
BED-AND-BREAKFAST
A home occupation involving the rental of bedrooms as transient accommodations, with breakfast served to guests but with no full-service restaurant facilities, and with no more than one nonresident employee.
[Added 11-4-2020 by L.L. No. 3-2020]
BILLBOARD
A sign that identifies or communicates a message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
[Added 11-4-2020 by L.L. No. 3-2020]
BOARDINGHOUSE
A house (frequently a family home) in which nonfamily lodgers rent one or more rooms for one or more nights, and sometimes for extended periods of weeks, months and years. The common parts of the house are maintained, and some services, such as laundry and cleaning, may be supplied.
[Added 11-4-2020 by L.L. No. 3-2020]
BOOKSTORE
Any retail premises which has as a substantial or significant portion of its stock-in-trade books, magazines, periodicals, pamphlets, or newspapers.
[Added 11-4-2020 by L.L. No. 3-2020]
BUFFER AREA
An undeveloped part of a property or an entire property specifically intended to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties.
[Added 11-4-2020 by L.L. No. 3-2020]
BUILDING
A structure designed to be used as a place of occupancy, business, storage, or shelter.
[Amended 11-4-2020 by L.L. No. 3-2020]
BUILDING HEIGHT
The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
[Added 11-4-2020 by L.L. No. 3-2020]
BUILDING MATERIALS
Any substance used in the creation of a structure, including but not limited to wood, metal, glass, concrete, or plastic.
[Added 11-4-2020 by L.L. No. 3-2020]
BUILDING SETBACK
Distance between a building and a lot line. Porches, whether enclosed or unenclosed, shall be considered as part of a building for purposes of measuring a setback, and shall not be placed closer to the lot line than the specified minimum building setback. Unenclosed car ports shall not be considered as part of a building.
[Amended 11-4-2020 by L.L. No. 3-2020]
BUILDING, EXISTING
A building erected prior to the adoption of this code, or one for which a legal building permit has been issued.
[Added 11-4-2020 by L.L. No. 3-2020]
BUILD-TO LINE
An alignment which dictates the front yard setback from a public right-of-way boundary line, to be followed by buildings or structures that front on it. The build-to line does not apply to building projections or recesses such as porches.
[Added 11-4-2020 by L.L. No. 3-2020]
BUSINESS OR PROFESSIONAL OFFICE
A building or a portion of a building where services are performed involving predominantly administrative, professional, or clerical operations.
[Amended 11-4-2020 by L.L. No. 3-2020]
BUTCHER SHOP
A retail establishment that cuts and sells different meat products or performs the activity for profit.
[Added 11-4-2020 by L.L. No. 3-2020]
CAMPGROUND
A parcel of land designated and specifically designed or used for temporary, seasonal, and/or transient (no more than six months in a year) occupancy of two or more tents, travel trailers, campers, motor homes, or similar self-contained mobile units designed to provide temporary shelter.
[Added 11-4-2020 by L.L. No. 3-2020]
CAMPING TRAILERS
Any vehicle used or arranged for temporary living or sleeping purposes, mounted on wheels, and drawn by a power-driven vehicle, or such type vehicle having its wheels removed.
[Amended 11-4-2020 by L.L. No. 3-2020]
CAR WASH
A retail establishment for the washing, cleaning and/or waxing of automobiles, light trucks, and vans by hand or with manually operated equipment or automatic machines.
[Added 11-4-2020 by L.L. No. 3-2020]
CEMETERY
A parcel of land designated and specifically designed for human burial.
[Added 11-4-2020 by L.L. No. 3-2020]
CERTIFICATE OF OCCUPANCY
Evidence that the building complies substantially with the plans and specifications that have been submitted to and approved by the local authority. A certificate of occupancy complements a building permit.
[Added 11-4-2020 by L.L. No. 3-2020]
CHANGE OF USE
The change of use of land, or buildings. Structures or other improvements on land, from either residential, commercial or industrial to one of the other uses, or change in the nature, substance or intensity of the same use including, but not limited to, change in use which requires the issuance of a certificate of occupancy pursuant to the New York State Building and Fire Code. Any use that substantially differs from the previous use of a building or land.
[Added 11-4-2020 by L.L. No. 3-2020]
CHILD-CARE CENTER
Building, or portion thereof, used for purposes of providing day-care services for seven or more children which is not a "group family day-care home" or "family day-care home" within the meaning of § 390 of the Social Services Law.
[Added 11-4-2020 by L.L. No. 3-2020]
CHURCH
A building used for assembly of persons for the purpose of engaging in a religious service.
[Added 11-4-2020 by L.L. No. 3-2020]
CLINIC
A facility for diagnosis and treatment of outpatients and/or a facility where one or more physicians work cooperatively, without performing any type of surgery.
[Added 11-4-2020 by L.L. No. 3-2020]
CLOTHING STORE
Any shop which sells items of ready-made clothing.
[Added 11-4-2020 by L.L. No. 3-2020]
CLUB
Any organization catering to members and their guests, or premises and buildings for recreational or athletic purposes and not open to the general public, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required for the membership and purposes of such club. For the purpose of this chapter, "clubs" shall include lodges and fraternal organizations.
[Amended 11-4-2020 by L.L. No. 3-2020]
CLUSTER DEVELOPMENT
A development consisting of three or more structures, whereby individual lots may be reduced in size and/or where buildings may be placed closer together than otherwise permitted so that open spaces on the development parcel may be retained. A cluster development may consist solely of residential units or, if commercial uses are permitted in the zone where the cluster development is located, may consist of a mixture of residential and commercial uses. A parcel of land containing a single multifamily dwelling structure shall not be considered a cluster development. A single structure occupied by two or more businesses shall be considered a shopping center, not a cluster development.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
CODE ENFORCEMENT OFFICIAL (CEO)
The officer or other designated authority charged with the administration and enforcement of this code.
[Added 11-4-2020 by L.L. No. 3-2020]
COMMERCIAL USE
Any use involving the sale, rental or distribution of goods or services, either retail or wholesale, such as stores, offices, or provision of recreation facilities for a fee. The term "commercial use" shall not include home occupations as defined elsewhere in this chapter.
[Amended 11-4-2020 by L.L. No. 3-2020]
CONDOMINIUM
A building or housing complex in which dwelling units are owned by individuals and common parts of the property (such as grounds, lobbies, elevators, etc.) are owned jointly by the unit owners. Condominiums shall be considered multifamily dwellings in this Zoning Law.
[Added 11-4-2020 by L.L. No. 3-2020]
CONSIGNMENT STORE
A retail establishment where more than 50% of the goods are placed on consignment. Consignment is the art of placing goods in the hands of another, while still retaining ownership, until the goods are sold.
[Added 11-4-2020 by L.L. No. 3-2020]
CONSTRUCTION BUSINESS
A commercial operation related to the erection, alteration, or extension of a structure, that includes the storage of vehicles and/or equipment.
[Added 11-4-2020 by L.L. No. 3-2020]
CONVENIENCE STORE
A small retail store serving nearby residential areas with less than 5,000 square feet in floor area, including, but not limited to, foods, goods, meats, beverages, and personal items. This definition does not include automobile repair shops, automobile service stations, or gasoline sales, any storage, or taverns or any establishments serving alcoholic beverages.
[Added 11-4-2020 by L.L. No. 3-2020]
CORNER LOT
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The two sides abutting the streets will be considered the front yards for setback purposes.
[Added 11-4-2020 by L.L. No. 3-2020]
COURT
An open uncovered space, unobstructed to the sky, bounded on three or more sides by exterior building walls or other enclosing devices.
[Added 11-4-2020 by L.L. No. 3-2020]
CREMATORIUM
A building where dead people's bodies are burned, usually as part of a funeral ceremony. Places where bodies are burned or cremated.
[Added 11-4-2020 by L.L. No. 3-2020]
CURB CUT
A defined opening to provide vehicular access from a public highway to a lot or property.
[Added 11-4-2020 by L.L. No. 3-2020]
DELICATESSEN
An establishment whose principal business is the preparation and retail sale of prepared foods, such as cooked meats, salads, relishes, preserves, beverages, etc., in a ready-to-consume state to customers off-premises or within the building.
[Added 11-4-2020 by L.L. No. 3-2020]
DEMOLITION
Destruction and/or removal of part, or all, of a building or structure.
[Added 11-4-2020 by L.L. No. 3-2020]
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; and any use or extension of the use of land.
[Added 11-4-2020 by L.L. No. 3-2020]
DIGITAL SIGN
A sign with an electronic display that is programmed (content changes on a predetermined schedule) and automated (content and display instructions can be operated by a computer).
[Added 11-4-2020 by L.L. No. 3-2020]
DISPOSAL
A material is disposed if it is discharged, deposited, injected, dumped, spilled, leaked, burned, incinerated, or placed into any or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
DRAINAGE
A system of swales, ditches, and culverts, catch basins, and piping to convey stormwater runoff to retention areas and stabilized discharge points.
[Added 11-4-2020 by L.L. No. 3-2020]
DRIVEWAY
Privately owned and maintained entrance drive.
[Added 11-4-2020 by L.L. No. 3-2020]
DRY CLEANER
An establishment that cleans (clothing or fabrics) with chemical solvents that have little or no water.
[Added 11-4-2020 by L.L. No. 3-2020]
DWELLING UNIT
A building or part thereof used as living quarters for one family, containing independent cooking and sleeping facilities. The terms "dwelling unit," "one-family dwelling," "two-family dwelling" and "multifamily dwelling" shall not include a motel, hotel, boardinghouse, tourist home or mobile home.
[Amended 11-4-2020 by L.L. No. 3-2020]
DWELLING, MULTIFAMILY
A building designed for three or more dwelling units.
[Added 11-4-2020 by L.L. No. 3-2020]
DWELLING, SINGLE-FAMILY
A detached dwelling unit other than a mobile home, designed for one family only.
[Added 11-4-2020 by L.L. No. 3-2020]
DWELLING, TWO-FAMILY
A building designed for two dwelling units.
[Added 11-4-2020 by L.L. No. 3-2020]
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
[Added 11-4-2020 by L.L. No. 3-2020]
EGRESS
A one-way access from a property leading onto a public highway/road or private road.
[Added 11-4-2020 by L.L. No. 3-2020]
ELECTRONICS/APPLIANCE/SALES REPAIR SHOP
An establishment where electronic devices and equipment are sold or repaired as more than 50% of the retail business activity.
[Added 11-4-2020 by L.L. No. 3-2020]
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A document prepared pursuant to the State Environmental Quality Review Act (SEQRA) subsequent to a determination of potential adverse impacts that examines the existing and developed environment, and identifies and presents impacts, mitigation measures and alternatives.
[Added 11-4-2020 by L.L. No. 3-2020]
ESSENTIAL SERVICES
Erection, construction, alteration, operation of maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities.
[Amended 11-4-2020 by L.L. No. 3-2020]
EXCAVATION BUSINESS
Any commercial enterprise related to the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances, other than vegetation from land or water, on or beneath the land surface, whether exposed or submerged.
[Added 11-4-2020 by L.L. No. 3-2020]
FACTORY-BUILT HOUSING
Any structure designed for long-term residential use that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this chapter, factory-built housing shall consist of modular homes, mobile homes, and manufactured homes.
[Added 11-4-2020 by L.L. No. 3-2020]
FAMILY
As used herein:
[Amended 5-5-2004 by L.L. No. 2-2004; 11-4-2020 by L.L. No. 3-2020]
A. 
Any number of persons occupying a single nonprofit dwelling unit, related by blood, marriage, or legal adoption, living and cooking together as a single housekeeping unit.
B. 
Any number of persons occupying a single nonprofit dwelling unit, not exceeding four adults living and cooking together as a single housekeeping unit where all are not related by blood, marriage, or legal adoption.
C. 
Notwithstanding the provisions of this definition, a group of unrelated persons numbering more than four shall be considered a "family" when it is proven that:
(1) 
The group is one which, in theory, size, appearance and structure, resembles a traditional family unit;
(2) 
The group is one that shares the entire dwelling unit and lives and cooks together as a single housekeeping unit;
(3) 
Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration, and filing taxes;
(4) 
The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship that is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a dwelling unit by a group which otherwise meets the standards of this subsection at its permanent residence;
D. 
Any determination under this subsection shall be limited to the status of a particular group as a "family" for zoning purposes and shall not be interpreted as authorizing any other use, occupancy, or activity;
E. 
In no case shall a dwelling be occupied by more than two adults to a conventional bedroom; and
F. 
Persons occupying group quarters such as a dormitory, fraternity or sorority house or a seminary shall not be considered a "family."
FARM ANIMAL
Any domestic animal typically raised for home use or profit.
[Added 11-4-2020 by L.L. No. 3-2020]
FARMER'S MARKET
An organized fathering consisting of multiple individual vendors (mostly farmers) who set up booths, tables or stands, outdoors or indoors, to sell produce, meat products, fruits and sometimes prepared foods and beverages to the general public.
[Added 11-4-2020 by L.L. No. 3-2020]
FARMER'S STAND
See "roadside stand."
[Added 11-4-2020 by L.L. No. 3-2020]
FEED STORE, FARM SUPPLIES
A retail establishment primarily engaged in the sale of animal foods and other farm-related supplies.
[Added 11-4-2020 by L.L. No. 3-2020]
FINANCIAL INSTITUTION/BANK/CREDIT UNION
A retail establishment engaged is deposit banking or extending credit in the form of loans.
[Added 11-4-2020 by L.L. No. 3-2020]
FLOOR AREA, GROSS
For the purpose of applying the requirements for off-street parking and loading; in the case of offices, merchandising or service types of uses, the total floor area to be used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, restrooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
[Amended 11-4-2020 by L.L. No. 3-2020]
FLORIST
A business/person that sells and arranges plants and cut flowers.
[Added 11-4-2020 by L.L. No. 3-2020]
FOOD STAND/ICE CREAM STAND
A retail establishment with primarily outdoor seating or no seating, where food products are prepared and sold.
[Added 11-4-2020 by L.L. No. 3-2020]
FOOTPRINT
The amount of space, measured in square feet, taken up on the ground by a structure. A building footprint measurement does not include the square footage of multiple floors of a structure.
[Added 11-4-2020 by L.L. No. 3-2020]
FRONT YARD
See "yard, front."
[Added 11-4-2020 by L.L. No. 3-2020]
FRONT YARD SETBACK
The least distance permitted from the center of the road to the outer surface of a building, measured across the front yard.
[Added 11-4-2020 by L.L. No. 3-2020]
FUNCTIONAL FAMILY
A group of individuals living together within a single dwelling unit in a family-like living arrangement. A group of five or more unrelated individuals, exclusive of minor dependent children, living together in the same dwelling unit shall be presumed to be living together as a functional family. This presumption may be rebutted by sufficient evidence showing that their living arrangement possesses substantially each of the following characteristics:
[Added 5-5-2004 by L.L. No. 2-2004]
A. 
The occupants share the entire dwelling unit. A unit in which occupants act as separate roomers shall not be deemed to be occupied by a functional family.
B. 
The occupants share expenses for food, rent or ownership costs, utilities and other household expenses.
C. 
The group is permanent and stable and is not transitory in character. The following criteria shall be considered in determining stability:
(1) 
Evidence that the occupants intend to reside together on a permanent rather than on a transient basis, such as showing that the household has been living together for a year or more.
(2) 
The sharing of household expenses by the occupants, such as utility bills, insurance, real property taxes, cleaning supplies, maintenance costs, food and household supplies.
(3) 
Joint or common ownership of household furnishings located in the common areas of the dwelling unit.
(4) 
The presence of dependent persons regularly residing in the household.
(5) 
The fact that different members of the household use the household address for purposes of voter registration, driver’s license, motor vehicle registration, and filing of taxes.
(6) 
Any other factors that show that the group is of a permanent rather than a transient nature.
FUNERAL HOME
An establishment with facilities for the preparation of the dead for cremation or burial, viewing of the body, and for funerals.
[Added 11-4-2020 by L.L. No. 3-2020]
GASOLINE STATION WITH CONVENIENCE STORE RETAIL
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, including any fuel or gasoline storage facilities required on-site and where prepackaged food products, household items, newspapers and magazines, and sandwiches or other freshly prepared foods are sold.
[Added 11-4-2020 by L.L. No. 3-2020]
GASOLINE STATION WITH NO OTHER RETAIL
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, including any fuel or gasoline storage facilities required on-site and where no other retail products or convenience items are sold.
[Added 11-4-2020 by L.L. No. 3-2020]
GRADING
The leveling of land for site development purposes, including construction of roads, building construction, drainage areas and parking.
[Added 11-4-2020 by L.L. No. 3-2020]
GREENHOUSE
A use of land, including a building whose roof and sides are made largely of transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of out-of-season plants for subsequent sale.
[Added 11-4-2020 by L.L. No. 3-2020]
GROCERY STORE
A retail or wholesale store that primarily sells food, including canned and frozen goods, fresh fruit and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
[Added 11-4-2020 by L.L. No. 3-2020]
GROSS LEASABLE AREA
The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
[Added 11-4-2020 by L.L. No. 3-2020]
GROUP HOME
A dwelling unit in which, for compensation, lodging and meals are provided. Personal and financial services may be offered as well as accessory uses.
[Added 11-4-2020 by L.L. No. 3-2020]
HAZARDOUS CHEMICALS
Solid, liquid or gaseous substances which pose a potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed, including but not limited to hazardous substances designated by the U.S. Environmental Protection Agency under Section 311 of the Clean Water Act (40 CFR 116).
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
HAZARDOUS WASTE
A waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may: a) cause or contribute to an increase in mortality or an increase in irreversible, or incapacitating reversible illness, or b) pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
HOBBY
A pursuit outside one's occupation, not used as a second employment or business enterprise.
[Added 11-4-2020 by L.L. No. 3-2020]
HOME OCCUPATION
An occupation conducted in a dwelling unit or accessory structure which is clearly secondary to the property's residential use, and which does not change the character thereof. Home occupations cannot occupy more than 50% of the gross square feet area of the combined structure and cannot occupy outdoor yard space.
[Amended 11-4-2020 by L.L. No. 3-2020]
HOMELESS SHELTER
A building set up to provide for the needs of homeless people; often including shelter, food, sanitation, and other forms of support.
[Added 11-4-2020 by L.L. No. 3-2020]
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
[Added 11-4-2020 by L.L. No. 3-2020]
HOSTEL
An establishment which provides inexpensive food and lodging for a specific group of people, such as students, workers, or travelers. Typically, unrelated individuals share sleeping quarters in a dormitory style arrangement.
[Added 11-4-2020 by L.L. No. 3-2020]
HOTEL
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
[Added 11-4-2020 by L.L. No. 3-2020]
IMPERVIOUS SURFACE
Any man-made material, such as pavement, used in parking lots or driveways, or any building or other structure on a lot, that does not allow precipitation and melted snow to penetrate into the soil.
[Added 11-4-2020 by L.L. No. 3-2020]
INDOOR RECREATION
The conduct of sporting uses undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation businesses. However, an indoor recreation business use may be accompanied by customary accessory uses, which may include food service facilities, meeting room or banquet facilities, serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales or sport or exercise-related equipment or clothing and other customary accessory uses. An indoor recreational business includes a spa. An accessory use within an indoor recreation facility shall not exceed 10% of the floor area of the recreation facility.
[Added 11-4-2020 by L.L. No. 3-2020]
INDUSTRY
The act of storing, preparing for treatment, manufacturing, or assembling any article, substance or commodity not intended for retail sale on the same premises.
[Amended 11-4-2020 by L.L. No. 3-2020]
JUNK
Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other uses or disposition.
[Added 11-4-2020 by L.L. No. 3-2020]
JUNK VEHICLE[Amended 11-4-2020 by L.L. No. 3-2020]
A. 
Any motor vehicle, whether automobile, bus, trailer, truck tractor, motor home, motorcycle, all-terrain vehicle, minibicycle or snowmobile or any other device originally intended for travel on the public highways which meets all the following conditions:
(1) 
It is unlicensed.
(2) 
It is either abandoned, wrecked, stored, discarded, dismantled, or partly dismantled.
(3) 
It is not in any condition for legal use upon the public highway.
(4) 
It is in such a condition as to cost more to repair and replace in operating condition than its reasonable market value at that time before such repair.
B. 
With respect to any motor vehicle not required to be licensed or motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle.
JUNKYARD
A lot, land or structure or part thereof used for the collection, storage, salvage, buying, selling or exchange of wastepaper, rags, disassembly, packing, sorting, scrap or discarded material or machinery or parts of any sort, including house wrecking yards, used lumber yards, or structural steel materials, but not including used furniture, clothing, pawn shops or antique shops. The outdoor storage of two or more junk vehicles or two or more junk appliances shall be considered a "junkyard."
[Amended 11-4-2020 by L.L. No. 3-2020]
KENNEL
Any premises or shelter on any lot on which four or more domestic animals are bred, boarded, trained or sold for commercial purposes.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
LABORATORY
See "research and testing."
[Added 11-4-2020 by L.L. No. 3-2020]
LAUNDROMAT
A self-service laundry facility with pay-for-use washing machines, dryers, and sometimes ironing or pressing machines, open to the public for washing clothing and household cloth items.
[Added 11-4-2020 by L.L. No. 3-2020]
LAWN, GARDEN OR FARM EQUIPMENT SALES
A retail establishment specializing in the sale of equipment routinely used in the care of lawns, gardens, and farm agricultural uses.
[Added 11-4-2020 by L.L. No. 3-2020]
LIGHT INDUSTRIAL USE
Any manufacturing or assembly facility which does include:
[Amended 5-5-2004 by L.L. No. 2-2004; 11-4-2020 by L.L. No. 3-2020]
A. 
The manufacture of hazardous chemicals;
B. 
The use of petroleum-based products except as incidental to the main industrial use;
C. 
The outdoor storage of scrap metal or junk;
D. 
The creation of solid, liquid, or airborne hazardous waste;
E. 
The creation of smoke or airborne particulate matter except as incidental to the main industrial use; or
F. 
The creation of noise which would have an adverse impact upon neighboring properties.
LODGING HOUSE
See "boardinghouse."
[Added 11-4-2020 by L.L. No. 3-2020]
LOT
A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot shall be of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street and may consist of: a single lot of record; a portion of a lot of record; a combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; a parcel of land described by metes and bounds; Provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
[Amended 11-4-2020 by L.L. No. 3-2020]
LOT COVERAGE
The percentage of the lot area covered by the combined area of all buildings, structures, parking areas, or other impervious surfaces on the lot.
[Added 11-4-2020 by L.L. No. 3-2020]
LOT DEPTH
The distance between the front lot line and the rear lot line measured at the center of the area where the principal structure is or will be located.
[Amended 11-4-2020 by L.L. No. 3-2020]
LOT LINE
Any boundary line of a lot.
[Amended 11-4-2020 by L.L. No. 3-2020]
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the Clinton County Clerk, or a lot or parcel described by metes or bounds, the description of which has been so recorded.
[Added 11-4-2020 by L.L. No. 3-2020]
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth and measured at a depth equal to the required minimum front building setback.
[Amended 11-4-2020 by L.L. No. 3-2020]
MACHINE SHOP
An establishment where power-driven tools are used for making, finishing, or repairing machines or machine parts.
[Added 11-4-2020 by L.L. No. 3-2020]
MANUFACTURED HOME
A structure transportable in one or more sections that, in the traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on site, is 320 square feet minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development (HUD) and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
[Added 11-4-2020 by L.L. No. 3-2020]
MANUFACTURED HOME PARK
Any lot of record upon which two or more manufactured homes occupied for dwelling purposes are located, whether or not there is a charge for accommodation (except manufactured homes on a farm used for dwelling by farm workers working on that farm).
[Added 11-4-2020 by L.L. No. 3-2020]
MANUFACTURED HOME, DOUBLE WIDE
A mobile home built or constructed in more than one section which, when fully assembled on-site, has exterior walls, no one of which is less than 20 feet in length.
[Added 11-4-2020 by L.L. No. 3-2020]
MANUFACTURED HOME, SINGLE WIDE
A mobile home built or constructed as a single unit, having four finished exterior walls, at least one of which is less than 20 feet in length.
[Added 11-4-2020 by L.L. No. 3-2020]
MANUFACTURING
Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
[Added 11-4-2020 by L.L. No. 3-2020]
MAUSOLEUM
A structure used to permanently house the deceased, including humans and animals.
[Added 11-4-2020 by L.L. No. 3-2020]
MOBILE HOME
A movable or portable dwelling unit that was built prior to June 15, 1976, and designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living, excluding travel trailers.
[Amended 5-5-2004 by L.L. No. 2-2004; 11-4-2020 by L.L. No. 3-2020]
MOBILE HOME PARK
Any site, lot, field, plot or parcel of tract of land on which two or more mobile homes are parked or located and for which use said premises are offered to the public or to any person for a fee of any type, including cost sharing.
MODULAR HOME
A structure designed primarily for residential occupancy and constructed by a method or system of construction where the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, assembly and permanent installation. Modular homes must meet the NYS Uniform Building Code and are therefore treated the same as a single-family stick-built home for zoning purposes.
[Amended 5-5-2004 by L.L. No. 2-2004; 11-4-2020 by L.L. No. 3-2020]
MOTEL
Building containing rooms which are rented as a series or sleeping units for transients with a stay of no more than three months, each sleeping unit consisting of at least a bedroom and bathroom. Units may also be individual cabins.
[Added 11-4-2020 by L.L. No. 3-2020]
MOTOR VEHICLE REPAIR STATION WITH GASOLINE SALES
Any building, land area, or other premises, or portion thereof, used for the servicing and repair of automobiles, including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories and where retail or wholesale dispensing or sales of vehicular fuels takes place.
[Added 11-4-2020 by L.L. No. 3-2020]
MOTOR VEHICLE REPAIR STATION WITH NO GASOLINE SALES
Any building, land area, or other premises, or portion thereof, used for the servicing and repair of automobiles, including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories and where no retail or wholesale dispensing or sales of vehicular fuels takes place. This does not include auto bodywork, welding or painting.
[Added 11-4-2020 by L.L. No. 3-2020]
MOTOR VEHICLE SALES
A use of land for the display and sales of new or used motor vehicles, trailers, travel trailers, motorcycles, tractors, boats, farm vehicles, all-terrain vehicles or snowmobiles.
[Added 11-4-2020 by L.L. No. 3-2020]
MOTOR VEHICLE SALES AND REPAIR FACILITY
A use of land for the display, sales and repair of new or used motor vehicles, trailers, travel trailers, motorcycles, tractors, boats, farm vehicles, all-terrain vehicles or snowmobiles.
[Added 11-4-2020 by L.L. No. 3-2020]
MOVIE THEATER
A retail service establishment typically displaying video forms of entertainment as the principal use.
[Added 11-4-2020 by L.L. No. 3-2020]
MULTIFAMILY DWELLING
A building or portion thereof used as living quarters for three or more families. Townhouses and other row-type attached or semiattached dwellings which share a common wall are considered "multifamily dwellings."
[Amended 11-4-2020 by L.L. No. 3-2020]
MUSEUM
A not-for-profit institution engaged in the acquisition, preservation, study, and exhibition of works of artistic, historic, or scientific value.
[Added 11-4-2020 by L.L. No. 3-2020]
NIGHTCLUB
See "bar."
[Added 11-4-2020 by L.L. No. 3-2020]
NONCONFORMING LOT
A lot existing at the time of enactment of this chapter, which does not conform to the minimum lot width, minimum lot depth, minimum lot size or minimum road frontage requirements of the district or zone in which it is situated.
[Amended 11-4-2020 by L.L. No. 3-2020]
NONCONFORMING USE
A use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district or zone in which it is located.
[Amended 11-4-2020 by L.L. No. 3-2020]
OFFICE
Place where the business of a commercial, industrial, service, or professional organization is transacted.
[Added 11-4-2020 by L.L. No. 3-2020]
OPEN SPACE
That portion of a parcel which is not building or impervious surface.
[Added 11-4-2020 by L.L. No. 3-2020]
OUTDOOR RECREATION OR RECREATIONAL BUSINESS
A place designed and equipped for the conduct of sports and leisure-time activities for profit. Includes, but is not limited to golf, skiing, ballplaying on ball fields, swimming, bike trails, hiking and similar outdoor activities on a commercial or fee basis.
[Added 11-4-2020 by L.L. No. 3-2020]
OUTDOOR STORAGE
The holding or safekeeping of goods outdoors to await the happening of some future event or contingency which will call for the removal of the goods.
[Added 11-4-2020 by L.L. No. 3-2020]
PARCEL
A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
[Added 11-4-2020 by L.L. No. 3-2020]
PARKING LOT/AREA
An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.
[Added 11-4-2020 by L.L. No. 3-2020]
PARKING SPACE, OFF STREET
A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way and must be constructed of a gravel or paved surface.
[Added 11-4-2020 by L.L. No. 3-2020]
PARKING SPACE, ON STREET
A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.
[Added 11-4-2020 by L.L. No. 3-2020]
PERMANENT SIGN
Any sign which remains for more than 30 days during any calendar year, not to include "for sale" and "for rent" real estate signs.
[Amended 11-4-2020 by L.L. No. 3-2020]
PERMITTED USE
A use for which the Code Enforcement Officer may issue a building permit, provided that the other requirements of this chapter have been fulfilled or a variance has been authorized by the Zoning Board of Appeals.
[Added 11-4-2020 by L.L. No. 3-2020]
PERSONAL SERVICE
Includes barber, hairdresser, beauty salon, shoe repair, shoeshine, dry cleaner, photographic studio, and businesses providing similar services of a personal nature.
[Added 11-4-2020 by L.L. No. 3-2020]
PHARMACY
A retail establishment where medicinal drugs and related health products are sold as the primary product.
[Added 11-4-2020 by L.L. No. 3-2020]
PLANNING BOARD
The Planning Board of the Village of Dannemora.
[Amended 11-4-2020 by L.L. No. 3-2020]
PRINCIPAL STRUCTURE
The building on a lot that houses the primary use on a parcel of land.
[Added 11-4-2020 by L.L. No. 3-2020]
PRINCIPAL USE
The main use of a lot or structure. The principal use may occupy more land space than any other use on the property or generate more vehicular or foot traffic than any other use on the property.
[Added 11-4-2020 by L.L. No. 3-2020]
PROFESSIONAL OR BUSINESS OFFICE
A place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a business and not involving the manufacture, storage, display, or direct retail sale of goods. This may include, but is not limited to, offices of salesmen, sales representatives, insurance brokers, real estate brokers and persons with similar occupations. A professional office is an office devoted to a professional service occupation, in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge.
[Added 11-4-2020 by L.L. No. 3-2020]
PUBLIC AND SEMIPUBLIC BUILDINGS AND GROUNDS
Intended to designate, but not limit, any one or more of the following uses, including grounds and accessory buildings necessary for their use:
[Amended 11-4-2020 by L.L. No. 3-2020]
A. 
Churches, places of worship, parish houses and convents.
B. 
Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. 
Nursery schools, elementary schools, high schools, colleges or universities.
D. 
Golf courses and country clubs; however, not including clubs whose activities include maintenance, storage or takeoffs or landings of aircraft.
E. 
Public libraries and museums.
F. 
Not-for-profit, ambulance and public safety buildings.
G. 
Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults and homes for the aged as the same are defined under the Public Health Law or the Social Services Law of the State of New York.
H. 
Not-for-profit membership corporation established for cultural, social or recreational purposes.
I. 
Recreational facilities, either for profit or not-for-profit, such as swimming, tennis, platform tennis, bowling, hockey, ice skating or other indoor or outdoor sports.
J. 
Day-care centers approved by the New York State Department of Social Welfare.
PUBLIC FACILITY
A facility owned and operated by agencies and departments of town, county, state, or federal governments.
[Added 11-4-2020 by L.L. No. 3-2020]
PUBLIC WAY or PUBLIC RIGHT-OF-WAY
A street, alley or other parcel of land open to the outside air leading to a street that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width of not less than 10 feet and height of no less than 14 feet.
[Added 11-4-2020 by L.L. No. 3-2020]
REAR YARD
See "yard, rear."
[Added 11-4-2020 by L.L. No. 3-2020]
RECREATIONAL FACILITY
See "indoor and outdoor recreation."
[Added 11-4-2020 by L.L. No. 3-2020]
RESEARCH AND TESTING
An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.
[Added 11-4-2020 by L.L. No. 3-2020]
RESTAURANT
Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption on the premises, whether food is served upon order or taken by self-service and where there are no facilities for drive-through service.
[Added 11-4-2020 by L.L. No. 3-2020]
RESTAURANT AND DRIVE-THROUGH
Any structure having as a principal use the preparation and dispensing of foods and beverages for consumption on the premises, whether food is served upon order or taken by self-service and where there are facilities for drive-through service.
[Added 11-4-2020 by L.L. No. 3-2020]
RESTAURANT DRIVE-IN or REFRESHMENT STAND
Any place or premise used for selling, dispensing, or serving food, refreshments, or beverages in automobiles or outside on the premises.
[Added 11-4-2020 by L.L. No. 3-2020]
ROAD
A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, which affords the principal means of access to abutting property.
[Added 11-4-2020 by L.L. No. 3-2020]
ROAD, PRIMARY
Where the subject property has frontage on two or more roads, this refers to the road that is used most intensively (e.g., has the greater volume of vehicular traffic). This usually corresponds to the public road classification and size, assuming county roads receive greater traffic than local roads, and that state highways have greater traffic volumes than county roads.
[Added 11-4-2020 by L.L. No. 3-2020]
ROAD, PRIVATE
An access drive or roadway, privately owned and maintained, and not meant for use by the general public.
[Added 11-4-2020 by L.L. No. 3-2020]
ROAD, RIGHT-OF-WAY
An area defined by an ownership boundary which provides for road construction, maintenance, improvement, and/or widening.
[Added 11-4-2020 by L.L. No. 3-2020]
ROAD, SECONDARY
Where the subject property has frontage on two or more roads, this refers to the second (or least) most intensively used road. (See "road, primary.")
[Added 11-4-2020 by L.L. No. 3-2020]
ROADSIDE STAND
A use involving a temporary structure for the purpose of the sale of farm produce and agricultural products to the general public. A seasonal (May through October), nonpermanent structure, including, but not limited to wagons, stands, and tents, for the display and sale of farm products. Such booth or stall shall not exceed 200 square feet in size.
[Added 11-4-2020 by L.L. No. 3-2020]
ROOFLINE
The highest portion of the outside top covering of a building or structure. Flat roofs also have a roofline even when there is no pitch and the surface of the roof is generally parallel to the ground.
[Added 11-4-2020 by L.L. No. 3-2020]
RUNOFF
Surface water that flows onto, within, and/or off the site area.
[Added 11-4-2020 by L.L. No. 3-2020]
SCREENING
Vegetation, fencing, or earthen materials used to block visibility toward and/or away from a site. Screening may also be used to lessen noise impacts from a particular site or from adjacent land uses.
[Added 11-4-2020 by L.L. No. 3-2020]
SECONDHAND STORE
A retail establishment that sells previously used merchandise, more than 30% of which is not donated, such as clothing, furniture, appliances, household goods, sporting goods, books, recreational equipment, toys or other merchandise not considered to be antique, that is in good repair or has been restored or reconditioned to a clean and usable condition. This definition excludes antique stores, pawn shops, thrift stores, consignment stores and precious metal dealerships.
[Added 11-4-2020 by L.L. No. 3-2020]
SEDIMENT
Soils or other surficial materials transported by surface water as a product of erosion.
[Added 11-4-2020 by L.L. No. 3-2020]
SELF-STORAGE
An industry in which storage space is rented to tenants. A self-storage business provides rooms, lockers, container, and/or outdoor space in which tenants can store and access their goods.
[Added 11-4-2020 by L.L. No. 3-2020]
SENIOR HOUSING
Multifamily housing designed for seniors. This includes adult retirement communities, assisted living facilities, continuing care retirement communities, and retirement communities.
[Added 11-4-2020 by L.L. No. 3-2020]
SEPTIC SYSTEM
An on-site sewage disposal system (designed as a simple gravity or alternative system), which consists of a septic tank and septic field, in which waste material is distributed through a network of tile fields following a process in the septic tank where solids are settled out of the waste.
[Added 11-4-2020 by L.L. No. 3-2020]
SEQRA REVIEW (STATE ENVIRONMENTAL QUALITY REVIEW)
Review of an application according to the provisions of the State Environmental Quality Review Act, 6NYCARR, Part 617 (Statutory Authority; Environmental Conservation Law, § 8-0113), which incorporates the consideration of environmental, social and economic factors into the planning, review and decisionmaking processes of state, county and local government agencies.
[Added 11-4-2020 by L.L. No. 3-2020]
SETBACK
The area or plot of ground free of any permanent structure (except fencing) as measured from the exterior boundaries of the parcel to where the main or accessory building is located.
[Added 11-4-2020 by L.L. No. 3-2020]
SHARED LIVING RESIDENCE
Dwelling in which two to six people, aged 60 years or older, whom may be related or unrelated, live together and share the finances and upkeep of the residence. No more than two persons shall share a sleeping room in a shared living residence.
[Added 11-4-2020 by L.L. No. 3-2020]
SHOPPING CENTER
A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan for the site.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN
A name identification description, display or illustration, or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices nor any official traffic control devices nor shall it include the flag emblem or insignia of a nation, state, municipality, school, or religious group.
[Amended 11-4-2020 by L.L. No. 3-2020]
SIGN AREA
The area defined by the frame or edge of a sign. When there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed four-sided (straight sides) geometric shape which most closely outlines the said sign.
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
SIGN, BUSINESS
A sign which directs attention to a business, service, profession, organization or industry located on the premises where the sign in displayed to the type of products sold, manufactured, or assembled and/or to service or entertainment offered on said premises. A "for sale" or "to let" sign relating to the property on which it is displayed shall be deemed a business sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, EXTERNALLY LIT
Any sign illuminated by a lighting device and reflecting the light thereof, but not emitting any light and therefore, not an internally lit sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, FREESTANDING
A sign that is attached to, erected on or supported by some structure such as a pole, mast, frame, or other structure that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of the sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, HEIGHT OF
The distance from the ground level, measured from the mid-point of the base of the sign, to the top of the sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, INTERNALLY LIT
Any sign illuminated from within by electricity, gas or other artificial light, including reflective or phosphorescent light.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, OFF-SITE
A sign other than an on-site sign. (See also "billboard.")
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, ON-SITE
A sign relating in its subject matter to the premises on which it is located, or to product, accommodations, services, or activities on the premises.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, PORTABLE
Any device on wheels or stand that is designed to be easily moved, the purpose of which is to be easily moved, the purpose of which is to display a sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, SANDWICH
A temporary self-standing sign or advertising display made of plywood or other solid material and designed or intended to be displayed only for the period of time the business is open or event is taking place.
[Added 11-4-2020 by L.L. No. 3-2020]
SIGN, TEMPORARY
A sign that advertises or gives direction to a business or activity for a period of time not to exceed seven days. A "for sale" or "to let" sign relating to the property on which it is displayed shall be deemed a business sign.
[Added 11-4-2020 by L.L. No. 3-2020]
SINGLE-FAMILY DWELLING
A building or portion thereof used as living quarters for one family, not to include mobile homes.
SLOPE
The vertical distance, in feet, between the highest elevation of a lot or development and the lowest elevation of a lot or development, divided by the horizontal difference between these two elevations, in feet.
[Added 11-4-2020 by L.L. No. 3-2020]
SOLID WASTE
Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements between the State of New York and the government of the United States (see Section 360-1.3 of this Part).
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered: human genitals, pubic region, buttocks, female breast below a point immediately above the areola; or human male genitals in a discernable turgid state, even if completely and opaquely covered.
[Added 5-5-2004 by L.L. No. 2-2004]
SPECIFIED SEXUAL ACTIVITIES
The display of human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
[Added 5-5-2004 by L.L. No. 2-2004]
SPORTING GOODS STORE
A retail establishment selling more than 50% of its merchandise as items related to firearms, hunting, fishing, or other outdoor recreational activities.
[Added 11-4-2020 by L.L. No. 3-2020]
START OF CONSTRUCTION
The initiation of any physical alteration of the property, excluding planning and design, during any phase of a project and shall include land preparation, such as clearing, grading and filling, installation of roads, excavation for a basement, footings, foundations, or the erection of temporary forms. Start of construction also includes any work for which a valid building permit is required.
[Added 11-4-2020 by L.L. No. 3-2020]
STATE OF NUDITY
The appearance of bared buttocks, male genitals, female genitals, or full female breast.
[Added 5-5-2004 by L.L. No. 2-2004]
STORE, RETAIL
A place of business offering for a fee goods and merchandise to the general public, and where the providing of services is clearly incidental to the sale of such goods or merchandise. Specifically excluded from this definition are restaurants.
[Added 11-4-2020 by L.L. No. 3-2020]
STREET FRONTAGE
Lot lines which abut a public street.
[Added 11-4-2020 by L.L. No. 3-2020]
STREET LINE
That part of a thoroughfare dedicated by deed to the Town with established widths outlined. Where a street width is not indicated, the street line shall be 25 feet from the center line of the street pavement.
[Added 11-4-2020 by L.L. No. 3-2020]
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, "structure" includes buildings, mobile homes, signs, billboards and poster panel, and swimming pools as defined herein. Fences and wells shall not be considered structures.
[Amended 5-5-2004 by L.L. No. 2-2004; 11-4-2020 by L.L. No. 3-2020]
STRUCTURE, NONCONFORMING
Structure not complying with the Zoning Law or regulations for the zoning district in which it is located, where such structure complied with all applicable laws and regulations prior to enactment of these regulations.
[Added 11-4-2020 by L.L. No. 3-2020]
SUBDIVISION
The division of a lot, tract, or parcel of land into two ore more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
[Added 11-4-2020 by L.L. No. 3-2020]
SWIMMING POOL
Any body of water or receptable for water having a capability of a depth of 36 inches or more at any point, used or intended to be used for swimming, bathing, or wading and permanently installed or constructed either above or below ground.
[Added 5-5-2004 by L.L. No. 2-5004; amended 11-4-2020 by L.L. No. 3-2020]
TAVERN
See "bar."
[Added 11-4-2020 by L.L. No. 3-2020]
TELECOMMUNICATIONS FACILITIES
A fixed, mobile, or transportable structure, including a) all installed electrical and wiring, cabling, and equipment and b) all supporting structures, such as utility, ground network, and electrical supporting structures designed for the purpose of telecommunications.
[Added 11-4-2020 by L.L. No. 3-2020]
TEMPORARY CERTIFICATE OF OCCUPANCY
Grants residents and building owners all of the same rights as a certificate of occupancy; however, it expires after a prescribed period of time.
[Added 11-4-2020 by L.L. No. 3-2020]
THRIFT STORE
See "secondhand store."
[Added 11-4-2020 by L.L. No. 3-2020]
TOWING AND RECOVERY
A commercial use involving the recovery and towing of motor vehicles, including the temporary (less than six months) storage of recovered motor vehicles.
[Added 11-4-2020 by L.L. No. 3-2020]
TOWNHOUSE
A dwelling accommodating or designed to accommodate a single family in a single unit, the walls on one or two sides of which are in common with the walls of adjoining dwellings.
[Added 11-4-2020 by L.L. No. 3-2020]
TRAILER
Any vehicle or device used or so constructed as to permit its being used as conveyance on the public streets and highways whether licensed or not, and does not permit occupancy as a dwelling or sleeping place, but allows for the transporting of articles or goods. Includes utility, snowmobile, boat, all-terrain vehicle and semitrailers.
[Added 11-4-2020 by L.L. No. 3-2020]
TRAILER, TRAVEL
Any vehicle used or so constructed as to permit its being used as a conveyance on the public streets and highways, whether licensed or not and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons, and not designed to be used as a principal place of abode. A trailer under this chapter shall also mean tent trailers, truck campers, vehicles converted to sleeping facilities other than a mobile home and/or what normally constitutes a permanent dwelling unit.
[Added 11-4-2020 by L.L. No. 3-2020]
TRAILER, TRAVEL, PARK
An area, usually with piped water, electricity, etc., designed to provide rental space for trailers, especially travel trailers, to be parked for a long or short time.
[Added 11-4-2020 by L.L. No. 3-2020]
TRUCK STOP, TRUCK TERMINAL
A use involving the provision of fuel, repair services, dining facilities, or overnight accommodation intended for servicing trucks and truckers.
[Added 11-4-2020 by L.L. No. 3-2020]
TWO-FAMILY DWELLING
A building or portion thereof used as living quarters for two families, not to include mobile homes.
UNTREATED LUMBER
Wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote.
[Added 11-4-2020 by L.L. No. 3-2020]
USE
The specific purpose for which land, a building or structure is used, designed, arranged, intended, or occupied.
[Added 11-4-2020 by L.L. No. 3-2020]
USE PERMIT
A permit issued by the Code Enforcement Officer for change of use for any property.
[Added 11-4-2020 by L.L. No. 3-2020]
USE, NONCONFORMING
Use of land or structure which does not comply with all zoning regulations for the zoning district in which it is located, where such use conformed to all applicable laws and regulations prior to enactment of these regulations.
[Added 11-4-2020 by L.L. No. 3-2020]
USED MERCHANDISE/FURNITURE/FLEA MARKET
A retail business that specializes in resale of used goods and merchandise. Typically buying of used merchandise for resale may also occur at the location.
[Added 11-4-2020 by L.L. No. 3-2020]
USES, NONRESIDENTIAL
All uses of buildings, structures or land, except those defined as dwellings of any type or as defined by New York State law.
[Added 11-4-2020 by L.L. No. 3-2020]
VARIANCE
The relaxation or varying of the terms of the Zoning Law where such variance will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of any action of the applicant or the landowner, a literal enforcement of the law would result in, amongst other things as specified in state law, unnecessary and undue hardship. As used in this law, a variance is issued for reason of height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. Variances, once granted by the Zoning Board of Appeals, run with the land and property and do not cease to exist as a result in change of ownership or occupancy.
[Amended 11-4-2020 by L.L. No. 3-2020]
VARIANCE, AREA
An exception to a zoning restriction which allows for the placement of a building or structure on a lot in a manner which is not otherwise allowed by dimensional or physical requirements of the Zoning Law.
[Added 11-4-2020 by L.L. No. 3-2020]
VARIANCE, USE
An exception to a zoning restriction which allows for the establishment of a land use that is not otherwise permitted within a particular zoning district.
[Added 11-4-2020 by L.L. No. 3-2020]
VETERINARY CLINIC AND ANIMAL HOSPITAL
A commercial use where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
[Added 11-4-2020 by L.L. No. 3-2020]
WAREHOUSE AND DISTRIBUTION
A commercial use intended primarily for, or designated to intended primarily for, the storage, receiving or shipment of goods and materials. Includes warehouse, wholesale establishment, discount house, bulk storage, and bulk sales outlet.
[Added 11-4-2020 by L.L. No. 3-2020]
WASTE DISPOSAL AREA
Any areas for the disposal of solid waste. (See definitions of "solid waste" and "disposal.")
[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020]
YARD
An open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot on which a building is situated.
[Added 11-4-2020 by L.L. No. 3-2020]
YARD SALE
A sale of used or unwanted household belongings, held outdoors or in a garage or storage structure. Shall not be longer than three consecutive days and no more than twice per year at the same location, the type of products sold, manufactured, or assembled and/or to service or entertainment offered on said premises.
[Added 11-4-2020 by L.L. No. 3-2020]
YARD, FRONT
The space in the front of a lot, extending the full width of the lot from the nearest road to the part of a building or structure which is nearest to said road.
[Added 11-4-2020 by L.L. No. 3-2020]
YARD, REAR
A yard extending along the full width of the rear lot line between the side lot lines and extending from the rear lot line to the rear face(s) of the principal building or to the depth required in the setback regulations for the zoning district in which such lot is located, whichever distance is greater.
[Added 11-4-2020 by L.L. No. 3-2020]
YARD, SIDE
Area or plot of ground as measured from the lot line boundaries, not including any road or accessory building to the nearest point of the principal building or structure.
[Added 11-4-2020 by L.L. No. 3-2020]
ZONING ENFORCEMENT OFFICER
The official designated to administer and enforce this chapter.
[Amended 11-4-2020 by L.L. No. 3-2020]
ZONING PERMIT
A document issued by the Zoning Officer authorizing the use of lots, structures, uses of land and structures.
[Amended 11-4-2020 by L.L. No. 3-2020]