As used in this chapter, the following terms shall have the meanings indicated:
ADULT USE AND ENTERTAINMENT ESTABLISHMENTA public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcades, adult bookstores or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age and are those businesses defined as follows:
A. ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, computer programs, videotapes or compact disks, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, other periodicals, and any other similar paraphernalia, or other devices and paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical areas or an establishment that causes the exclusion of minors by reason of age.
B. ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food, nonalcoholic beverages and/or alcoholic beverages, which features topless dancers, entertainers who remove most or all of their clothing to reveal gender-related portions of the anatomy, male or female impersonators or similar entertainers.
C. ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical areas for observation by patrons therein.
AGRIBUSINESSA principal use that involves the following:
A. Wholesale raising, processing, packaging or other handling of nonfood plant crops such as annual and/or perennial plant production and may include minor retail sales as accessory use; or
B. Any business that has as the primary function support service of active agricultural operations; or
C. Any business that provides processing, packaging, or handling of agricultural products to prepare them for transport to a manufacturing facility or retail market. This use does not include cooking, canning, or other preparation of foodstuffs.
AGRICULTURAL DISTRICTThe following districts are considered agricultural: AR and ARA, unless otherwise indicated. The use of this term must not be confused with the agriculture districts as defined in Agriculture and Markets Law § 303.
AGRICULTURE, CROPThe raising and incidental storage of agricultural products (including farm crops, fruits, vegetables or nursery stock) for sale, gain or commercial purposes. This term does not include the manufacturing or processing of agricultural products as the principal use.
AGRICULTURE, LIVESTOCKThe raising of agricultural products (including livestock, poultry, dairy cattle, fur-bearing animals, bees, other such animals, and associated feed crops) for sale, gain or commercial purposes. This term does not include riding academies, private stables or manufacturing or processing of agricultural products as the principal use.
AIRPORTAny lot or other facility designed to be used and/or operated either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings.
ALTERATIONAny change, rearrangement, addition or enlargement to a building, other than repairs, and any modification in construction.
AMUSEMENT GAME CENTERA continuous commercial use in which six or more mechanical, electrical or electronic machines or devices are used or designed to be operated for entertainment or as a game, and either activated by the insertion of a coin, token, etc. or for their operation or the use of which a charge is made.
ANTENNAA fixed-base structure for the purposes of receiving television and/or radio signals from orbiting satellites or other electromagnetic transmissions.
APPLICANTThe owner of a parcel on which a development is proposed, and the developer of such parcel.
ATTICThat space of building which is between the top of the uppermost floor construction and the underside of the roof. (See "story.")
BASEMENTAny space of a building which is partly below finished grade, but having more than 1/2 of its height measured from floor to ceiling above average finished grade. (See also "cellar.")
BED-AND-BREAKFASTA building containing a single dwelling unit in which at least one, but not more than four, sleeping room is provided by the owner for compensation, for the accommodation of transient guests with no more than one meal served daily and the entire service is to be included in one stated price.
BILLBOARDA sign or structure which directs attention to an idea, product, business activity, service, or entertainment which is conducted, sold, or offered elsewhere than upon the lot on which such sign is situated. (See "off-premises sign.")
BOARDINGHOUSEA building, other than a hotel, containing a general kitchen and a general dining room, in which at least three, but no more than six, sleeping rooms are offered for rent, with or without meals, to nontransient guests. A lodging house or rooming house shall be deemed a boardinghouse.
BUFFERAn area of land forming a visual and/or physical separation or barrier between two uses. In the case of a visual barrier, the land shall be covered with natural plantings or man-made material to provide a continuous physical screen preventing visual access and reducing noise.
BUILDINGAny structure which is wholly or partially enclosed within exterior walls, is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING, ACCESSORYA detached building subordinate to a principal building used for purposes customarily incidental to those of the principal building.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, including open or enclosed porches, an attached carport or garage, but exclusive of terraces and uncovered steps. Such horizontal area of each building is the area within and circumscribed by the exterior faces of the outer walls and/or architectural elements of the building.
BUILDING GROUPA group of two or more principal buildings and any buildings accessory thereto, occupying a lot with one owner and having any yard in common.
BUILDING LINEThe line, established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, as specifically provided in Article
V of this chapter. In the instance of a cantilevered section of a building or projected roof or porch, the building line shall be measured from the most projected surface.
BUILDING HEIGHTThe vertical distance measured from the average finished grade to the highest point of the roof and to the mean height between the eaves and ridge for a pitched, gable, hip, gambrel and mansard roof.
BUILDING, PRINCIPALA building in which is conducted the main, primary or principal use of the lot on which said building is situated.
BULKA term to describe the size, volume, area and shape of structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building; and of all open spaces required in connection with a structure or parcel.
BULK, NONCONFORMINGThat part of a structure or tract of land which does not conform to one or more of the applicable density control and bulk regulations of this chapter, either following its effective date or as a result of a subsequent amendment thereto.
CAR WASHA building, premises or portions thereof where vehicles are washed either by the patron or others using machinery and mechanical devices specifically designed for this purpose.
CELLARThat nonhabitable space of a building that is partly or entirely below average finished grade, which has more than 1/2 its height, measured from the floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. (See also "basement.")
CHURCH or PLACE OF WORSHIPA building or premises used for regular public worship by members or representatives of a religious sect, group, or organization as defined by state statute.
CLUB, MEMBERSHIPA certified, not-for-profit organization catering exclusively to members and their guests, or premises and buildings for recreational, educational, or athletic purposes, which are conducted for or primarily by members and their guests, for which a membership fee is paid.
COMMERCIAL VEHICLEAny vehicle with a net vehicle weight of five tons or more and/or more than three axles or trailer longer than 18 feet.
CONDOMINIUMA building or group of buildings in which residential, commercial or industrial units are owned individually while the structure, common areas and facilities are owned jointly by all the owners on a proportional basis.
CONSULTED AGENCIESIncludes but shall not be limited to the following: Code Enforcement Officer; Town Highway Superintendent; Fire Commissioners; Chemung County Sewer District #1; Chemung County Department of Public Works; other local and county officials; designated private consultants; representatives from federal and state agencies, including, but not limited to, the Natural Resources Conservation Service, Department of Transportation, and the Department of Environmental Conservation.
CONTRACTOR'S EQUIPMENT YARDAny space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery, or vehicles, or parts thereof.
CONVALESCENT HOMEA building used for the accommodation and care of persons receiving unskilled, long-term care, meeting the New York State Department of Social Services (NYSDSS) definition of a "proprietary" facility. (See also "nursing home.")
CONVENIENCE FOOD MARTA commercial retail use that combines two principal uses on a single parcel: the sale of motor vehicle fuel and accessory substances, as well as the sale of groceries.
COVERAGEThat lot area or percentage of lot area covered by buildings, including accessory structures and all other impervious surfaces. Water confined within a swimming pool shall be considered an impervious surface when determining lot coverage, unless the Town Drainage Officer or his/her designee finds that the pool design would accept water runoff consistent with surrounding pervious surfaces.
DAY-CARE CENTERA place which provides day care for children as defined and regulated by NYSDSS regulations. The name, description, or form of the entity which operates a day-care center shall not affect its status as a day-care center. The term "day-care center" shall not refer to care provided in:
A. A day camp as defined in the State Sanitary Code (10 NYCRR Chapter
1).
B. An after-school program operated for the primary purpose of religious education.
C. A facility:
(1) Operated by a public school district; or
(2) Providing day services under an operating certificate issued by the Department of Mental Health.
DAY CARE, FAMILY HOMEDay care provided in the caregiver's residence in accordance with NYSDSS definitions and regulations.
DAY CARE OF CHILDRENAs defined by the NYSDSS and as may be amended, to include care provided for three or more children away from their own homes in a day-care center, excluding those children receiving family day care as defined in this chapter. Such care shall be for more than three hours and fewer than 24 hours per day per child to any child accepted for care therein. The term "day care of children" includes services provided with or without compensation or payment.
DECKA flat, roofless platform structure attached to a principal structure. For purposes of the setback requirements of this chapter, a deck is considered part of the structure to which it is attached. (See "patio.")
DEVELOPERAny entity undertaking a proposed development.
DEVELOPMENTAny man-made changes to improved or unimproved real estate, including, but not limited to, the construction or reconstruction of buildings, construction of tanks or other storage facilities, pumps, pumping stations, waste treatment or disposal facilities or commercial excavation, dredging, filling, mining, or grading.
DISTRICTThat mapped portion of the Town within which specific uses are permitted according to the designation applied thereto in Article
III and in conformity with the provisions of this chapter.
DRIVE-THROUGH USEAny commercial or business activity which incorporates as a principal or accessory feature a service window, booth or other like arrangement on the exterior of the building or structure designed primarily for drive-through or carry-out service.
DUMPSee "solid waste disposal facility."
DWELLING, IN-GROUNDA dwelling that is constructed principally below the finished average grade elevation of the lot on which it is located and with at least one wall open for a height of at least six feet and/or providing for special light and ventilation designs.
DWELLING, MULTIUNITA building containing three or more dwelling units with shared or individual entrances and shared or individual other essential facilities and services.
DWELLING UNITOne or more rooms connected together, consisting of a separate, independent housekeeping establishment for owner occupancy, rental or lease, and containing independent cooking, living, sanitary and sleeping facilities ("essential facilities and services"). This shall include mobile homes and factory-manufactured units, provided they meet the standards of this chapter and the Uniform Fire Prevention and Building Code as may be hereafter amended. It shall not include motel, hotel, boardinghouse and lodging establishments. The term is sometimes abbreviated "DU" herein.
DWELLING WITH A BUSINESSA dwelling unit that incorporates in the same building a principal use that is a business or nonresidential use.
FACTORY-MANUFACTURED HOMEA dwelling unit constructed off-site, consisting of one or more segments and designed to be permanently anchored to and supported by a foundation, to become a fixed part of the real estate. Such dwelling unit shall bear an insignia of approval issued by the Division of Housing and Community Renewal of the State of New York.
FAMILYA family shall consist of the following:
A. One person maintaining a household for him- or herself; or
B. Two or more persons, whether or not related by blood, marriage or adoption, maintaining a common household; or
C. Not more than five persons not related by blood, marriage or adoption who live together in a single dwelling unit and do not maintain a common household.
FENCEAn artificially constructed, freestanding structure or barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FINISHED GRADEThe elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade in computing height of buildings and other structures or for other purposes shall be the average elevation of all finished grade elevations around the periphery of the building.
FLEA MARKETA lot or parcel with only outdoor stalls, booths, or selling spaces rented for the purposes of selling used and new consumer merchandise, antiques, art, craft items and collectibles.
FLOOR AREAA. The aggregate sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating the buildings. The floor area of a building or buildings shall include:
(2) Elevator shafts and stairwells at each floor.
(3) Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(5) Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet six inches or more for at least 50% of the area.
(6) Interior balconies and mezzanines.
B. However, the floor area of a building shall not include:
(1) Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(2) Elevator and stair bulkheads, accessory water tanks, and cooling towers.
(3) Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
(4) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches for 50% of the area.
(5) Uncovered steps and/or exterior fire escapes.
(6) Terraces, breezeways, open porches, and outside balconies and open spaces.
FOOTPRINTThe perimeter of a structure at ground level as depicted at a specified scale on a drawing.
GARAGE, PRIVATEA carport or enclosed structure, whether accessory or attached to the principal structure, for use by the inhabitants of the structure for the storage of vehicles, boats, and/or other personal property.
HELIPORTAny lot or other facility designed to be used and/or operated either publicly or privately by any person for the landing and taking off of helicopters, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings.
HOME OCCUPATIONA business conducted as an accessory use, which is clearly incidental to or secondary to the residential use of a dwelling unit and does not change the character thereof, and which is carried on wholly within the enclosed walls of a dwelling unit by the business proprietor of such use, who shall be an occupant of such dwelling unit, and other occupants of such dwelling unit.
HOSPITALAn institution for the care and treatment of the sick and injured, equipped with technical facilities, medical, nursing and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which requires bed care (source: § 206-a of the Public Health Law).
HOTEL/MOTELA building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may or may not include dining and/or meeting facilities. This term shall not be deemed to include a bed-and-breakfast or boardinghouse.
HOUSE TRAILERA transportable, factory-built structure designed to be used as a year-round dwelling unit and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
IMPROVEMENTSPrivate driveways, county sewer, Town and domestic water supply, and other such facilities as proposed on a site plan, inasmuch as the responsibility for maintenance is that of a public entity, the stormwater management system and its components, traffic control devices, and roadway improvements.
INDUSTRIAL USEAny activity conducted in connection with the manufacture, assembly, disassembly, fabrication, resource recovery, storage or processing of materials or products, all or any part of which is marketed off the premises or marketed to other than the ultimate consumer.
INDUSTRY, COTTAGEAny business conducted as an accessory use, which is clearly incidental to or secondary to the residential use of the dwelling unit and does not change the character thereof, conducted either in the dwelling unit or the accessory structure by the business proprietor of such use, who shall be an occupant of the dwelling, other occupants and up to a maximum of three employees.
KENNELAny premises maintained for animals wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.
KINDERGARTENAny place operated on a regular basis for the purpose of providing state-certified instruction for children at least five years of age by December 1 of the entry year and no older than six years of age by the same date. The term "school" includes "kindergarten."
LARGE TREEA live, deciduous tree that is a minimum of 12 inches in diameter at breast height (dbh).
LOTA parcel considered as a unit, devoted to a specific use or occupied by a building or a group of buildings united by a common interest, use or ownership, which abuts and is accessible from a private or public road.
LOT AREA,The total area within the lot boundary lines, excluding any area included in a right-of-way and any area within 25 feet of the center line of a private road.
LOT, DEPTH OFThe mean distance from the front lot line to the rear lot line.
LOT LINE, FRONTA lot line which is coincident with the right-of-way line of a public road or which is measured 25 feet from the center line of a private road.
LOT LINESThe lines bounding a lot as defined herein.
LOT, THROUGHA lot which faces on two roads at opposite ends of the lot and which is not a corner lot.
LOT WIDTHThe width of a lot measured along the minimum front yard setback.
MEDICAL CLINICA place where medical or dental care is furnished to persons on an outpatient basis by two or more physicians who have common offices in a building which shall also offer laboratory, medical procedure, and testing facilities to patients on an outpatient basis and not just in conjunction with normal clinic services.
MOBILE HOMEA dwelling unit bearing a seal issued by the Federal Department of Housing and Urban Development that is manufactured as a relocatable living unit, which is designed to be transported on a single permanent chassis and to be installed on a site with or without a permanent foundation when connected to utilities. This does not include Department of Motor Vehicles registered recreation vehicles, travel trailers or dwelling units that are prebuilt in one or more parts and transported to and assembled on a permanent foundation.
NOTICE OF COMPLIANCEA notice issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building and/or land. The notice shall acknowledge completion of all requirements of this chapter, any conditions of approval attached to such use by the authorized board, and any adjustments thereto granted by the Zoning Board of Appeals. The notice is a permit to occupy and use the structure and/or lot in accordance with the approval.
NURSERY SCHOOL/PREKINDERGARTENA nonpublic school organized for the purpose of educating three or more children less than seven years of age for fewer than three hours per day, two sessions may be held daily, as registered and certified by the New York State Education Department under 8 NYCRR 125. (See also "day-care center.")
NURSING HOMEA skilled nursing care facility as defined by New York State Department of Social Services regulations and as may be amended from time to time.
OFFICE, GENERAL BUSINESSA nonretail, office or agency providing service to the general public or other offices and agencies, such as insurance brokers, real estate and/or travel agents, computer programming, consulting organizations, etc.
OFFICE, PROFESSIONALAn office principally occupied by a professional licensed by the State of New York, such as a lawyer, engineer, architect, accountant, physician, dentist, or similar occupation.
PARCELA contiguous tract of land under the control of the applicant or his agent that is not divided by any natural or man-made barriers such as existing streets and highways, or public rights-of-way identified on the Official Map and is not bisected by bodies of water.
PARK, ALTERNATIVE DWELLINGA contiguous parcel of land owned by a person on which two or more mobile homes of less than 1,200 square feet and/or having an overall exterior dimension of less than 20 feet, or two or more single-unit dwellings of less than 1,200 square feet and/or having an overall exterior dimension of less than 20 feet are located.
PARKING LOTAny tract of land the principal use of which is the storage of motor vehicles not as accessory to any other use on the same or any other lot, and which may contain parking space rented to the general public or reserved for a group of individuals by the hour, day, week, month or year.
PARKING SPACEAn off-street space available for parking one vehicle, not including the maneuvering area and access drives thereto.
PATIOAn outdoor paved or impervious space generally used for dining or recreation that adjoins a structure.
PERSONAL SERVICE ESTABLISHMENTA nonretail business principal use providing services related to an individual's care and upkeep needs, and/or the care and upkeep of personal attire, such as a barber, beautician, or tailor.
PLANNED RESIDENTIAL DEVELOPMENTAn area designed as a single parcel, including predominantly multiunit dwelling units, but may also offer a combination of dwelling unit types, and including all roads and services required to support such development, as provided in Article
VII of this chapter.
PLAZA; MALLA building or group of buildings containing a combination of three or more separate shops, stores or offices on a single lot providing primarily retail services with supporting service and office establishments.
PORCHA structure attached to a building, forming a covered entrance to a vestibule or doorway. It is external to the walls of the main building proper but may be enclosed by screen, latticework, broad windows or other light frame walls extending from the main structure.
PUBLIC SEWERA wastewater collection and/or treatment facility owned and operated by a public agency or private organization.
RESIDENTIAL CLUSTER DEVELOPMENTA subdivision approved in accordance with the provisions of Article
VI of this chapter, where the Planning Board may modify the applicable bulk provisions of this chapter without changing the overall density on the parcel.
RESIDENTIAL DISTRICTThe following districts are considered residential: A, AA and AAA, unless otherwise indicated.
RESTAURANT, FAST-FOODAn establishment where food and/or beverages are sold in a form ready for consumption and where, by design or packaging techniques, all or a significant portion of the consumption may take place outside the confines of the building.
RESTAURANT, STANDARDAny establishment, however designated, whose primary use is preparation and sale of food for consumption to patrons seated within an enclosed building or on the premises.
RETAIL USEA business or commercial use or activity involving primarily the sale of merchandise or stock-in-trade to the public, which may include some fabrication on-premises of merchandise/materials that are sold on the premises.
RIGHT-OF-WAYThe property under public control, ownership, easement, by deed or use by law, normally used for movement of vehicles and/or persons, including, but not restricted to, any paved area.
ROADAn existing public or private way which affords the principal means of access to abutting properties and is suitably improved; or a proposed way shown on the Official Map and recorded in the office of the County Clerk.
ROAD, LOCALA road designed primarily to provide access to abutting properties.
ROAD, MARGINAL ACCESSThose roads which are parallel to and adjacent to primary roads and highways and which provide access to abutting properties and protection from through traffic.
ROAD, PRIMARYA road which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic areas.
ROAD, PRIVATEA drive that services or is designed to serve no more than two principal uses and is built to Town specifications that remains in the ownership of and is maintained by the developer or development association and is not dedicated to the Town.
ROAD, PUBLICA road that serves three or more principal uses, that is built to Town specifications and is dedicated to the Town for maintenance.
ROAD, SECONDARYA public road which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a primary road.
ROADSIDE STANDA lightweight structure with a roof, either attached to the ground or movable, that is accessory to a principal use, not for year-round use and at which agricultural produce grown on the premises is offered for sale to the general public.
SALVAGE YARDAn area of land with or without buildings used for or occupied by the storage, keeping, or the salvage of junk material, including processing such as sorting, baling, packing, disassembly, exchange and/or purchase and sale of materials, and including scrap metals or other scrap, used or salvaged building materials, or the dismantling or demolition of automobiles or other vehicles, machinery or parts thereof, with the exception of agricultural machinery.
SCHOOL, PRIVATEAn elementary or secondary school facility as established by a person other than public school authorities, giving instruction in the 10 common branches of arithmetic, reading, spelling, writing, the English language, geography, history, civics, hygiene and physical training, registered and/or certified under the regulations of the Commissioner of the New York State Department of Education or chartered by the Regents of the University of the State of New York.
SETBACKThe required distance in feet from:
A. Any survey boundary forming a lot or contiguous parcel.
B. The right-of-way of a public road.
C. A distance measured 25 feet from the center line of a private road.
SIGNAny letter, number, mark, symbol, figure, picture, exemplary devices and/or banner (each and/or all hereafter referred to by the term "symbol") positioned in near spatial relationship as a collection/aggregation thereof expressing an idea, instruction, product, commodity, business, service and/or other entertainment, and which includes any surface area or portion of a structure in immediate proximity to and to which such symbol is attached, or such structure designed or intended to be in immediate proximity to and to have such symbol attached thereto.
SIGN, ACCESSORYA sign other than the principal business sign which relates to the business or profession conducted or to a good or service sold or offered for sale on the premises.
SIGN, ADVERTISINGA sign that directs attention to a business, good, service or entertainment conducted, sold, or offered elsewhere than on the premises and only incidentally on the premises if at all.
SIGN AREAThe area within the fewest and shortest straight lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. A single face of a sign shall be counted as part of the sign area, except that any neon tube, string of lights, or similar device shall be deemed to have minimum dimensions of one foot within a sign.
SIGN, DIRECTIONALA sign that directs travelers to essential services such as gas, food and lodging.
SIGN, DIRECTLY ILLUMINATEDA sign that incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent materials or electricity or radioactivated or gaseous material or substance.
SIGN, FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, ILLUMINATEDA. A sign that is designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection; and
B. Any illumination elements that function to attract attention as a sign expressing an idea, instruction, product, commodity, business, service and/or entertainment.
SIGN, INDIRECTLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, OFF-PREMISESA sign or structure which directs attention to an idea, product, business activity, service, or entertainment which is conducted, sold, or offered elsewhere than upon the lot on which such sign is situated. (See also "billboard.")
SIGN, PORTABLEAny sign that is not permanently affixed to the ground or another structure, and which is capable of being easily transported or moved by the property or business owner.
SIGN, PRINCIPAL BUSINESSThe primary sign or signs which include the business name and direct attention to a business or profession conducted on the premises.
SIGN, REPRESENTATIONALAny three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIPPossession of a lot under control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 10 years, regardless of any division of such land into parcels.
SITE PLANMaps and supporting information required pursuant to Article
VIII of this chapter for uses specified in §
217-20, Use Regulation Table.
SOLAR COLLECTORA device, or combination of devices, structure or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy, and that contributes to a structure's energy supply, and components for containing and supporting such device.
SOLAR COLLECTOR, DETACHEDA solar collector, as defined herein, physically detached from the structure for which solar energy is to be supplied.
SOLAR ENERGY SYSTEMA complete design or assembly consisting of a solar energy collector (herein called a "solar collector"), an energy storage facility (where used) and components for the distribution of transformed energy (to the extent that they cannot be used jointly with a conventional energy system). Passive solar energy systems which fulfill any other functions are not included in this definition.
SOLAR REFLECTORA device for which the sole purpose is to increase the solar radiation received by the solar collector.
SPECIALIZED REPAIRA building or premises used primarily for the indoor repair of highly technical specialized equipment, such as electronic equipment, electrical systems, computer systems and circuits, and other similar operating and support systems. A use that is primarily devoted to the general mechanical and body repair of motor vehicles and/or small engines shall not be deemed to meet this definition.
STABLE, COMMERCIALAny establishment where horses are kept for training, riding, driving or stabling, for compensation or incidental to the operation of any club, association or similar establishment.
STABLE, PRIVATEA building accessory to a residential use in which horses are kept for private use and not for remuneration.
STORAGE FACILITYA building or grouping of buildings designed and constructed for the common, long-term and/or seasonal interior storage of individual or business property, whether partitioned or not. The wholesale storage and/or transfer of goods by commercial enterprises shall not meet this definition.
STORY HEIGHTThe height in stories of a building shall be determined from the data established by the average elevation of the finished grade adjoining the exterior walls of a building or structure, where such walls face legal open space or abut other open space which is level for 10 feet or more. Areaways, driveways and entrances of abrupt change in elevation totaling 10% or less of the length of the wall shall not be included in determining the average elevation. The following locations shall not be deemed to be a story:
A. A basement where the finished floor immediately above is less than seven feet above the average elevation of the finished grade as described in this section;
C. An attic not meeting the requirements for habitable space;
D. Roof construction enclosing stairs or equipment other than elevators, provided they are less than 12 feet in height and do not occupy more than 30% of the area of the roof on which they are located; and elevator hoistway and elevator machine rooms;
E. For one- and two-family dwellings, a mezzanine with a floor area less than 1/3 of the floor immediately below;
F. For multiple dwellings, a mezzanine with a floor area less than 5,000 square feet and less than 1/3 of the floor area space wherein the mezzanine is contained; or
G. For general building construction, a mezzanine with a floor area less than 10,000 square feet and less than 1/3 of the floor area space wherein the mezzanine is contained.
STRUCTUREA static construction of building materials, framed of component structural parts for occupancy or use, including, but not limited to, buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, reviewing stands and gasoline pumps.
STRUCTURE, ACCESSORYA structure detached from, on the same lot with, and subordinate to a principal structure used for purposes customarily incidental to those of the principal structure. Accessory structures include, but are not limited to, portable, removable or permanent enclosures, shade structures, carports, garages and storage sheds.
STRUCTURE, PRINCIPALA structure in which is conducted the main or principal use of the lot on which said structure is situated. Such structure(s) includes any open or enclosed porch, carport, garage, or similar structure attached to such structure.
TOWNHOUSEA multiunit dwelling having separate external entrances to each unit and common vertical party walls.
TRANSIENT GUESTAny person who shares a dwelling unit on a nonpermanent basis for not more than 30 days.
TRAVEL TRAILERA registered vehicle which is used, or designed to be used, for seasonal and/or temporary living or sleeping purposes, and which is customarily standing on wheels or rigid supports. A recreational vehicle (RV) is also considered a travel trailer.
TRUCK TERMINALSA building or part of a building or premises used for the short-term storage and/or transfer of goods, wares and merchandise for the owner or others by truck transport.
USEIncludes the following:
A. The purpose for which any lot or structure may be arranged, designed, intended, maintained, or occupied; and/or
B. Any occupation, activity, or operation conducted in any structure or on a lot.
USE, ACCESSORYA use which has all of the following characteristics:
A. Is controlled by the person exercising the principal use;
B. Is incidental to and customarily associated with the principal use;
C. Is located on the same lot with such principal use or building; and
D. Does not have any greater impact on the environment than the principal use.
USE, EXTRACTIVEThe removal and sale of any soil, gravel or earth product from a property. Grading in preparation for site construction under plans approved by the appropriate Town entity, where earth material is moved on-site or removed off-site incidental to construction activities, shall not be deemed an extractive use.
USE, NONCONFORMINGA use of land, existing legally at the time of enactment of this chapter, or any amendment thereto, which does not conform to the zoning regulations of the district in which it is situated.
USE, PRINCIPALThe main or primary permitted use of a lot or structure.
VARIANCE, AREAAn authorization by the Zoning Board of Appeals for the use of land in manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEAn authorization by the Zoning Board of Appeals for the use of land for a purpose which is not otherwise allowed or is prohibited by the applicable zoning regulations.
VEHICLE FILLING STATIONAn area of land, including structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of fuel or oil and other lubricating substances, which may include as accessory uses sale of motor accessories, and which may or may not include facilities for lubricating, washing (which does not require mechanical equipment) or otherwise servicing motor vehicles, but not including auto body work, welding or painting.
VEHICLE REPAIRA building or premises used for the general mechanical and/or body repair of licensed motor vehicles, including painting, and the accessory sale of related vehicle parts, maintenance products, and accessories. A junkyard or salvage yard is not to be considered as meeting this definition.
VEHICLE SALESA lot or structure for the display, sale, or lease of new or used automobiles, trucks, trailers, motorcycles, recreational vehicles, snowmobiles, boats, lawn and garden vehicles, and light industrial vehicles.
VEHICLE SALES, HEAVY EQUIPMENTA lot or structure for the display, sale, lease or repair of new or used heavy construction equipment that is industrial in nature (such as backhoes, graders, dump trucks and excavators) and/or large-scale agricultural equipment.
VETERINARY HOSPITALA building for the treatment and/or examination of animal illnesses, including facilities for boarding animals receiving examination or treatment. This definition is deemed to include an animal hospital or clinic.
WAREHOUSEA building or premises used for the wholesale storage and/or transfer of goods by commercial or industrial enterprises.
WATERCOURSEAny river, stream or naturally occurring channel of water or any man-made culvert which flows directly into one of the aforementioned.
YARD, FRONTAn open area extending equidistant between a front lot line and the rear line of a minimum front yard setback and projecting to the side lot line(s).
YARD, REARAn open area extending equidistant between the rear lot line and the minimum rear yard setback and extending the full width between the minimum side yard setbacks.
YARD, SIDEAn open area extending equidistant between the minimum side yard setback and the side line of a lot, and extending from the rear line of the front yard to a lot line opposite to the front lot line.