Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICEA commercial activity conducted with an office, characterized by services of a clerical, administrative, technical, professional or business nature but expressly excluding the manufacture, repair or the wholesale/retail sale of merchandise, and shall include by way of illustration the following offices: finance, insurance, real estate and business.
ALTERATIONSAs applied to a structure, an enlargement, whether by extending on a side or by increasing in height, or by moving from one location or position to another.
ALTERNATE TOWER STRUCTUREA mounting structure, other than a tower, that can reasonably serve as a mounting point for an antenna and otherwise meets the requirements of this chapter.
[Added 5-26-1998 by L.L. No. 3-1998]
ANTENNAAny device, other than an exempt antenna, used to radiate into or capture from the air electromagnetic waves carrying any form of communication including, but not limited to, cellular phone antennas, PCS communications antennas, directional antennas, such as panels and microwave dishes and omnidirectional antennas, such as whip antennas.
[Added 5-26-1998 by L.L. No. 3-1998]
AREA, SITEWhen referring to the required area per dwelling unit, means "net site area," the area(s) exclusive of streets and other public open space and portions of the site not capable of being developed.
AREA, STRUCTUREThe total of areas taken on a horizontal plane at the main grade level of the principal structure and all accessory structures exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
BEDROOMA room with a dwelling primarily designed for sleeping purposes.
BUSINESS, LIMITEDA commercial activity generally conducted within an office and characterized by services of a clerical, administrative, technical, professional or general business nature, including without limitation data processing, computer programming and similar technology, but expressly excluding manufacturing, wholesaling or retail sales of merchandise kept on the premises.
CELLARA story having more than 1/2 of its clear height below the average level of the adjoining ground.
CHURCHAny structure primarily used for worship or religious instruction, including social and administrative rooms accessory thereto.
CLUB, MEMBERSHIPAn organization catering exclusively to members and their guests, or premises and structures for social, recreational or athletic purposes.
CLUSTER UNITA dwelling located in a tract of land pursuant to a regulation which requires compliance with overall density limitations but without regard to specific yard, lot coverage, area or frontage requirements.
COMMERCIAL RESIDENCEA building, other than a hotel, where lodging and meals are served for compensation. For administrative purposes, this term shall consist of two categories: "A" and "B." "A" shall be composed of a commercial residence for not more than three persons, and "B" shall be composed of a commercial residence for lodging and meals where more than three persons are served for compensation.
CONDOMINIUMAn apartment house or houses, the apartments or dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his apartment independent of the owners of the other apartments in the building or buildings.
CONVERSIONThe changing of the use of a particular property or the occupancy of a dwelling by alteration or other reorganization so as to increase the number of families or dwelling units in a structure.
COVERAGE, LOTThat percentage of the plot or lot area covered by the structure area.
DAY-CARE CENTERA program of daily care and supervision of six or more minors, including nurseries and preschool programs.
DEVELOPED OPEN SPACEPedestrianways and other areas for active and/or passive recreation, but not including parking areas. Additional school and recreation areas or any community property may be included as developed open space.
DRIVE-IN SERVICEAn activity or facility associated with the retail sale of products or provision of services in which the customers remain in or by their motor vehicles, including but not limited to drive-in windows at banks or restaurants.
DRIVEWAYA private drive or roadway providing vehicular ingress or egress to a lot.
[Added 10-15-2002 by L.L. No. 7-2002]
DUMPA facility designed primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLINGA structure or part thereof used and occupied for human habitation or intended to be so used, and includes any appurtenances belonging thereto.
DWELLING, MULTIPLE-FAMILYA dwelling designed or used for occupancy by three or more families living independently of each other.
DWELLING TOWNHOUSEAn attached, privately owned dwelling containing one dwelling unit and designed or used exclusively for occupancy by one family, connected to but separated from adjacent similarly owned unit(s), one or two of whose walls are common party walls having no door, windows or other provisions for human passage or visibility.
[Added 3-14-2016 by L.L. No. 1-2016]
DWELLING, TWO-FAMILYA dwelling designed for and occupied exclusively as a home or residence for two families.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
EXEMPT ANTENNA OR TOWERAn antenna or tower exempted from the requirements of the Telecommunications Towers Article of this chapter pursuant to the provisions of that article.
[Added 5-26-1998 by L.L. No. 3-1998]
FAMILYA number of individuals related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit.
FLOOR AREA OF DWELLINGThe sum of the gross horizontal livable areas of the several floors of a building, excluding cellar and basement floor areas not devoted to residential use. All dimensions shall be measured between exterior faces of walls.
FUNERAL HOMEAn establishment providing for the preparation of the dead for burial or cremation, including viewing of the body and incidental ceremonies, but expressly excluding morgues and educational facilities engaged in teaching mortuary science.
GARAGE, PRIVATEAn accessory building designed for the storage of one or more motor vehicles.
GASOLINE SERVICE FACILITIESAny area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles.
GROUP RESIDENCEA structure designed exclusively as a place of residence and/or domicile by one or more persons wherein the residential quarters are considered an integral component of a recognized program of rehabilitation, custodial supervision or care, together with required supervisory personnel. For administrative purposes, this term shall consist of two categories: "A" and "B." Category "A" shall be composed of not more than four persons and Category "B" of five to eight persons, exclusive of required resident supervisory personnel. This term shall exclude occupancy described in "family" as defined herein.
HEIGHTWhen referring to a tower or other structure, the distance measured from the ground level grade on which the tower or structure is located to the highest point on the tower or structure, including the base pad and any antenna.
[Added 5-26-1998 by L.L. No. 3-1998]
HOME OCCUPATIONAny use customarily undertaken at home, including professional services, and conducted by the resident only, which use must be clearly subordinate to the residential occupancy of the dwelling units. For the purpose of this definition, "professional services" includes the office of a resident physician, osteopath, chiropractor, dentist, musician, lawyer, architect, engineer, certified public accountant, city planner or landscape architect if such office is a part of the residence of the person. See Article
IV, §
187-7A(2)(b).
HOSPITALAn establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanatoriums, and limited to the treatment or other care of humans.
HOTELA building used primarily to provide sleeping accommodations for the transient public in which more than six rooms are available for hire.
[Added 7-22-1991 by L.L. No. 4-1991]
LINE, STREETThe dividing line between the street right-of-way line and the lot.
LOTA parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a duly recorded plot.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, DEPTH OFA mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT LINESAny line dividing one lot from another.
LOT, WIDTH OFThe mean width measured at right angles to its depth.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, motor lodges, auto courts and by similar terms.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto.
[Amended 10-11-1993 by L.L. No. 9-1993; 10-24-2005 by L.L. No. 4-2005]
PERSONAL WIRELESS SERVICES (PWS)Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.
[Added 5-26-1998 by L.L. No. 3-1998]
PORCHA covered platform having a separate roof at an entrance to a dwelling or an open or enclosed room attached to the outside of a dwelling.
PREMISESA parcel of land the boundaries of which are defined by the applicable tax parcel set forth on the Tax Maps for the Town of Manlius and Village of Fayetteville.
[Added 5-26-1998 by L.L. No. 3-1998]
RESTAURANTA building or portion thereof where food and beverages, whether or not alcoholic, are sold to the public for consumption on the premises.
RETAIL BUSINESSThe direct on-premises sale of goods and services to the consumer, including incidental and customary on-premise processing, servicing and preparation. Included are department stores, food markets, financial institutions, business and professional offices and vehicular activities as defined in this article. Excluded are places of public assembly, medical centers, private business and technical schools, colleges, universities and similar places of postgraduate training and higher education.
REVIEWING BOARDThe Village Board of Trustees, the Zoning Board of Appeals, the Planning Board, the Historic Review Commission, or any other board, commission or agency of the Village when acting upon an application made for a special permit, site plan approval, interpretation, variance, appeal, decision, approval or other action pursuant to this chapter.
[Added 6-22-1998 by L.L. No. 5-1998]
SIGNAny letter, word, model, banner, pennant, insignia, logo, symbol, trade flag or other device or representation used as or which is in the nature of an advertisement, announcement or direction, but excluding any public traffic or directional signs or signals. Signs regulated by this section shall also include those signs which are painted or affixed to the interior or exterior of a window and visible from the exterior of the premises which are intended to advertise and/or identify the name of the business or entity and/or any products or services provided or sold, on or off the premises, for compensation.
[Amended 2-22-1993 by L.L. No. 2-1993]
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
STORAGE SHEDA single structure that:
[Added 10-12-1999 by L.L. No. 5-1999; amended 11-13-2017 by L.L. No. 6-2017]
(2) Possesses no plumbing features except for necessary pool and sauna plumbing and one hose spigot;
(3) Does not exceed 12 feet in height; and
(4) Has a footprint of no more than 144 square feet.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. A cellar shall not be deemed a story. An attic shall not be deemed a story if unfinished and without human occupancy.
STREETA public or private way which affords the principal means of access to abutting properties.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.
STRUCTURE, ACCESSORYA structure generally designed to accommodate an accessory use but detached from the principal structure, such as a garage for vehicles accessory to the principal use, a freestanding storage shed or similar facility. An accessory structure attached to or contained within a principal structure shall be considered part of the principal structure.
STRUCTURE, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
STRUCTURE, HEIGHT OFThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
STRUCTURE, PRINCIPALA structure designed primarily to accommodate a principal use, such as a dwelling house, apartment building, office building or similar commercial structures, including stadiums and like improvements not having a roof. A structure designed to provide closed storage of vehicles and which is attached to or contained within a principal structure shall be considered part of the same.
STRUCTURE, SECONDARYA structure generally associated with the use of property, other than principal structure, including but not limited to the following: radio tower, television antenna, flagpole, fireplace, signs and outdoor recreation facilities such as tennis courts, swimming pools and basketball courts.
SUBDIVISIONThe dividing of a parcel of land into two or more lots.
TELECOMMUNICATIONSThe transmission or reception via wire, fiber optic cable or electromagnetic emissions of information.
[Added 5-26-1998 by L.L. No. 3-1998]
TELECOMMUNICATIONS INFRASTRUCTURE (ACCESSORY STRUCTURES)All facilities and equipment at the site of and/or running to or from the site of, an antenna necessary to the operation of the antenna including, but not limited to, cables, switches, towers, accessory buildings and structures.
[Added 5-26-1998 by L.L. No. 3-1998]
TERRACEAn open porch without a permanent roof.
THEATERA building or part of a building devoted to showing moving pictures or stage productions on a paid admission basis.
TOWERAny structure, other than an exempt tower, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and structures used to support the related equipment.
[Added 5-26-1998 by L.L. No. 3-1998]
USE, ACCESSORYAn activity which is incidental, subordinate to and which may not be carried on independently of a principal use, such as business home occupation, accessory off-street parking facilities and small-scale manufacturing, repair or similar services incidental to retail business.
USE, PRINCIPALAn activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or the principal structures thereon are intended and designed.
YARD, FRONTThe space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.
YARD, REARThe space within and extending the full width of the lot from the rear lot line to the part of the principal building which is nearest to such rear lot line.
YARD, SIDEThe space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.