Certain words and terms used in this chapter are defined, for the purposes hereof, as follows:
ACADEMIC INSTITUTIONSFacilities and accessory grounds and structures that provide a curriculum of junior college, college, graduate and postgraduate instruction. Housing for students, faculty and staff is an allowed component of an academic institution.
ACCESSORY BUILDING/STRUCTUREA detached subordinate building, the use of which is customarily incidental to that of a principal building, which is located on the same lot with such principal building.
ACCESSORY FACILITIES OR EQUIPMENTAny structure, other than a wind turbine, related to the use and purpose of deriving, collecting or distributing energy from such wind turbines located on or associated with a wind energy facility, small wind energy facility, or wind measurement tower.
[Added 11-12-2009 by L.L. No. 2-2009]
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building or on an adjacent lot, if in the same ownership and a part of the same establishment and contributing to the comfort, convenience or necessity of occupants of the principal building or principal use.
ADIRONDACK PARKLand lying within the area defined in Subdivision 1 of § 9-0101 of the Environmental Conservation Law of the State of New York, including any future amendments thereto.
ADULT USE ESTABLISHMENTA. A business enterprise or adult entertainment establishment having a substantial or significant part of its operations depicting or relating to "specified sexual activity" or "specified anatomical area" (as defined below) for observation by patrons therein.
(1) Specified sexual activity:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Acts of human masturbation, sexual intercourse or sodomy.
(c) Fondling or other erotic touching of human genitals, the pubic region, buttocks or the female breast.
(2) Specified anatomical area:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, whether or not covered.
B. A substantial or significant portion of its stock-in-trade shall be determined to exist if more than 20% of its gross sales receipts comprise items described in Subsection
A(1) or
(2) hereof or more than 20% of the net square footage of the establishment is dedicated to the display or advertising of items described in Subsection
A(1) or
(2) hereof or more than 100 square feet of net floor is dedicated to the display or advertising of items described in Subsection
A(1) or
(2) hereof.
ADVERTISING SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment not conducted, sold or offered upon the same premises where the sign is located. Billboards are included in this definition.
AGENT OF OWNERAny person who can show written proof that he/she is acting for the property owner.
AGRICULTURAL PROCESSINGThe conversion of agricultural products, including slaughterhouses, canneries and packinghouses.
AGRICULTURAL STRUCTUREAny barn, stable, shed, silo, garage, farm housing, permanent fruit or vegetable stand, observation tower or other structure directly and customarily associated with agriculture or forest management activities.
AGRICULTURAL USEAny management of any land for agriculture; the raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land and the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.
ALL-WEATHER DUSTLESS MATERIALAny material or treatment that serves to reduce or eliminate dust generation on road surfaces. Such material or treatment need not contain any bituminous materials but must provide a type of surface which will remain durable through all types of climatic conditions.
ALTERATION OF A STRUCTURE OR BUILDINGAs applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities; an enlargement, whether by extending on a side or by increasing height; or the moving from one location or position to another, excluding normal maintenance or repairs.
ANIMALS, NONDOMESTICAnimals, including but not limited to sheep, horses, cattle, goats, swine, fowl, ducks and geese.
ANIMATED SIGNAny sign designed to give forth sound or movement on any portion thereof, either by the use of lights or a mechanical device that simulates movement.
AREA REGULATIONSThe regulation of building size, setbacks or yards, parking and loading requirements and similar regulations, but excluding performance standards.
AUTOMOBILE JUNKYARDAny place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on public highways or in agricultural activities are held, whether for the purpose of resale of used parts therefrom; for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise; for the purpose of disposing of the same; or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron, steel or nonferrous scrap for sale for remelting purposes only. For the purpose of this definition, "motor vehicle" shall mean all vehicles propelled or drawn by power other than muscular power, originally intended for use on public highways or in agricultural activities.
AUTOMOBILE SALESThe use of land or buildings primarily for the display and sale of new or used motor vehicles, which may include repair or service facilities.
AUTOMOBILE SERVICE, GASOLINE, WASHING OR FILLING STATIONA building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where automotive repairs may be made and automobiles may be washed. This definition includes the repair, painting, cleaning and detailing of automobile bodies.
BANKAn institution which deals in money and credit and in which money and/or other valuables may be deposited for safekeeping.
BASAL AREAThe cross-sectional area of a tree 4 1/2 feet above the ground.
BASEMENTThat space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BED-AND-BREAKFASTA residential lodging facility in an owner-occupied dwelling, offering from one to three bedrooms without kitchen facilities and housing transient guests for a daily fee. The facility may provide breakfast.
BITUMINOUS MATERIALAny material or treatment, containing a mineral pitch or asphalt base, which provides a durable road surface able to withstand all types of climatic conditions.
BOARDINGHOUSEA private dwelling in which three to six rooms, with or without meals, are offered for rent. A house or a finished rooming house shall be deemed a "boardinghouse" if more than two rooms within it are available for rent.
BONDA written agreement issued by a qualified agent which guarantees either the performance of a certain agreed-upon activity or an equivalent consideration if the activity is not completed as required.
BUILDINGAny structure wholly or partially enclosed within exterior walls and columns or within exterior and party walls and a roof, affording shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more fire walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING CODEThe current Uniform Fire Prevention and Building Code of the State of New York.
BUILDING COVERAGEThe percentage of the plot or lot area covered by the building area.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face shall include covered porches, whether enclosed or unenclosed, or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
BUILDING HEIGHTThe vertical distance measured from the mean level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, tanks and similar projections permitted within this chapter.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
[Added 11-22-2016 by L.L. No. 4-2016]
BUSINESS SIGNA sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where the sign is located.
CAMPAny area of land or water on which is located one or more cabins, tents, travel trailers, houseboats or other accommodations of a design or character suitable for seasonal or temporary recreation-oriented occupancy, regardless of whether such accommodations are actually occupied on a seasonal basis or otherwise.
CAMPGROUNDA plot of ground upon which two or more campsites or seasonal rental cabins are located and maintained for occupancy by tents, camper trailers or other recreational vehicles as temporary living quarters for recreational, educational or vacation purposes. The term "campground" includes the terms "day camp," "group camp," and "travel trailer camp."
CAMPSITEIncludes camps, campgrounds, day camps, group camps, travel trailer camps and seasonal rental cabins as defined herein.
CELLARThat space of a building that is partially or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CEMETERYProperty used for internment of the dead.
CENTRAL PRIVATE UTILITYA sewer or water system which serves a subdivision and which is paid for with nonpublic funds and without special district taxation.
CHILD DAY CARE, EXEMPTDaytime care or instruction of two or fewer individuals away from their own homes for more than three but less than 24 hours per day on a regular basis by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
CHILD DAY CARE, LICENSEDA place, other than an occupied residence, providing or designed to provide day care for any number of individuals, or an occupied residence providing or designed to provide day care for eight or more individuals.
CHILD DAY CARE, REGISTEREDAn owner-occupied residence providing or designed to provide day care for more than three but not more than seven children less than 14 years of age.
CLEAR-CUTTINGA stand in which essentially all trees have been removed in a single operation or a series of related operations.
CLERK OF THE PLANNING BOARDThat person who shall be designated to perform the duties of the Clerk of the Planning Board for the purposes of these regulations.
CLUSTER DEVELOPMENTA development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas without exceeding the overall maximum density permitted by this chapter. Refer to § 281 of the New York State Town Law. The term "average density development" is normally a synonym for cluster development; however, the term "average density development" is used in this chapter only in reference to development within the Adirondack Park boundaries, regulated under the requirements of the Adirondack Park Agency.
COMMERCIAL SAND AND GRAVEL EXTRACTIONAny extraction from the land of more than 50 cubic yards in any two-year period of sand, gravel or topsoil for the purpose of sale or use by persons other than the owner of the land or for the purpose of use by any municipality.
COMMERCIAL TIMBER HARVESTINGThe removal of forest crops from forest land for which the landowner receives economic value either from sale or through utilization. The cutting of 30 or fewer standard cords of firewood cut annually for the owner's own use shall not be included in this definition.
COMMERCIAL USEAny use involving the sale, rental or distribution of goods or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee or as otherwise defined by this chapter.
[Amended 5-8-2008 by L.L. No. 1-2008]
COMMUNITY RESIDENCEA residence for a dependent population, sponsored by a charitable, religious or government agency, providing a homelike environment and supervision for the housing and care of dependent persons in a setting that is integrated within the community, established similar to a single-family residence with shared living area, kitchen and bathroom facilities. The definition includes group homes, halfway houses and supervised living facilities.
COMPREHENSIVE LAND USE PLANThe long-range plan intended to guide growth and development of the Town, expressing official contemplations on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity.
CONDOMINIUMA multifamily project of one-family dwelling units, which may consist of one, a part of one or more than one building, wherein the real property title and ownership are vested in an owner who has an undivided interest with others in the common-usage areas and facilities which serve the development. The means of administration and maintenance of common areas are mutually entered into by the respective owners.
CONTRACTORS STORAGE YARD, LARGEA lot or a portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. A "building trade or construction contractor" is defined as but not limited to carpenters, electricians, masons, site work contractors, plumbers, HVAC technicians, general contractors, etc. No more than eight registered vehicles with a gross vehicle weight of over 26,000 pounds may be stored at the storage site.
[Amended 7-12-2007 by L.L. No. 2-2007]
CONTRACTORS STORAGE YARD, SMALLA lot or a portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. A "building trade or construction contractor" is defined as but not limited to carpenters, electricians, masons, site work contractors, plumbers, HVAC technicians, general contractors, etc. No more than two registered vehicles with a gross vehicle weight of over 26,000 pounds may be stored at the storage site.
[Amended 7-12-2007 by L.L. No. 2-2007]
CONVENIENCE STOREA retail store contained on one floor with a total floor area of less than 5,000 square feet intended to provide a variety of small goods needed immediately and often by consumers, including newspapers, ready-made food items and candy, and which may include gasoline, automobile parts or apparel.
CUL-DE-SACA designed turnaround area for vehicles at the dead end of a street.
DAY CAMPLand and facilities thereon designed to provide for the daytime care and instruction of children on a seasonal basis.
DEVELOPERThe legal or beneficial owner or owners of all the land proposed to be included in a development proposal. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 20 years or other person having an enforceable proprietary interest in such land shall be deemed to be the developer for the purposes of this chapter.
DIRECTIONAL SIGNA sign which gives directions to a business, industry, profession, commodity, service, event, activity or entertainment not sold or offered upon the same premises where the sign is located.
DOUBLE FRONTAGE LOTA lot with the rear and front lot lines abutting existing or proposed streets.
DRIVE-IN ESTABLISHMENTA use which, by design of facilities or procedures, encourages or permits customers to receive service and obtain products, such as banking and pharmacy services, but not including fast food, while remaining in their vehicles.
DWELLING (residence)Any stationary building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including modular, panelized or sectional housing, but not including hotels, boardinghouses and bed-and-breakfasts.
A. DWELLING, SINGLE-FAMILYA building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
B. DWELLING, TWO-FAMILYA building occupied by two families where not more than two individual dwelling units are separated by vertical walls or horizontal floors.
C. DWELLING, MULTIFAMILYA building designed for occupancy by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING UNITOne or more rooms with the provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
EASEMENTA property right giving the holder thereof right of access to land for a specified purpose.
EDUCATIONAL USESFacilities and accessory grounds and structures that provide a curriculum of nursery, elementary, secondary academic and/or postsecondary instruction, including public or private nursery schools, kindergartens, elementary schools, high schools, trade schools or other types of training facilities. Housing for students, faculty and staff is an allowed component of an educational use.
ENGINEERAn individual duly qualified and licensed to perform engineering work in the State of New York.
EXCAVATIONAny extraction from the land of more than 50 cubic yards of sand, gravel, clay, shale, rock, topsoil or other natural mineral deposits.
FAMILYOne or more persons occupying a dwelling unit and living as a single housekeeping unit.
FARM HOUSINGDwelling units located on an active farm which are accessory to the agricultural use and are occupied by employees of the farm or members of the farm household. Any farm housing shall be located on the same parcel as the agricultural use.
FARM PONDAs distinguished from a swimming pool, any standing body of water used for the purposes of watering livestock, fish pond or wildlife marsh.
FARMSTANDA structure for the display and sale of farm products primarily grown on the property upon which the stand is located.
FIELD FOOTPRINTThe area on a lot covered by the solar energy system, including the area between all of the solar energy systems on the lot.
[Added 11-22-2016 by L.L. No. 4-2016]
FIREWOODTrunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
FLOODABLE AREAThe maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years, as determined by the Federal Insurance Administration of the Department of Housing and Urban Development.
FLOOR AREA RATIOThe ratio of the sum of the floor area of all stories of a building or group of buildings, excluding cellars, on one lot to the total lot area.
FOOD MARKETA retail business devoted to the retail sale of an assortment of fast-moving packaged and perishable food and general household items.
FORESTRYAny management of a forest or woodland, including logging and the construction, alteration or maintenance of wood roads, skidways, landing fences, forest drainage systems and other accessory uses and structures customarily associated with forestry activities.
FRONTAGEThat side of a lot abutting a Town road or a road meeting Town road standards, ordinarily regarded as the front of the lot. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to a road shall be considered frontage.
FUNERAL HOMEA building or part thereof used for human funeral services. Such a building may contain space and facilities for:
A. Embalming and performance of other services used in preparation of the dead for burial, excluding cremation.
B. The performance of autopsies and other surgical procedures.
C. The storage of caskets, funeral urns and other related funeral supplies.
D. The storage of funeral vehicles.
E. Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE APARTMENTAn independent dwelling unit within a private garage that is accessory to a one- or two-family dwelling. The garage apartment is restricted to 1,000 square feet for the apartment.
[Amended 11-12-2009 by L.L. No. 2-2009]
GARAGE, PRIVATEAny enclosed space for the storage of one or more motor vehicles and within which space no business activity or industry connected directly or indirectly with motor vehicles is conducted.
GRADE, MEAN FINISHThe average grade level of the ground measured at the front wall of the building.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for onsite consumption.
[Added 11-22-2016 by L.L. No. 4-2016]
GROUP CAMPSAny land or facility for seasonal housing and recreational, educational or business-related use by private or semipublic groups, such as Boy or Girl Scout camps, fraternal lodges or university or college conference centers.
HOME OCCUPATION TYPE 1A profession or trade conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residence for residential purposes, and does not change the character thereof, and does not involve the employment of more than one person who does not reside in the residence. There shall be no exterior evidence, including signs, of such home occupation.
HOME OCCUPATION TYPE 2A profession or trade conducted on a residential property and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the residential purposes, and does not change the character thereof. A Type 2 home occupation may employ up to three persons. There may be a sign advertising the presence of the home occupation in accordance with Article
XI of this Code. The sale of stock-in-trade or the entertainment of clients may be allowed. A special use permit is required for a Type 2 home occupation.
HOMEOWNERS' ASSOCIATIONA contract agreed to by owners of homes in any area that provides regulations for the operation and maintenance of commonly owned facilities and/or open space, in accordance with New York State law.
HOSPITALAn institution providing health services primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL or INNA facility offering transient lodging accommodations for a daily rate to the general public in which no provision is made for cooking in any individual room or suite. A bed-and-breakfast offering four or more rooms shall be included under this definition. A hotel or inn may provide additional services, such as restaurants, meeting rooms and recreation facilities.
IMMEDIATE FAMILYParents, children, brothers and sisters, grandparents, grandchildren and spouses. The term includes members of a family, whether by adoption or blood relation.
IMPERVIOUS SURFACE RATIOThe ratio of the total area of parcel covered by impervious surfaces to the total lot area. Impervious surfaces include buildings, parking lots, roads, drives, accessways, sidewalks, paved drainageways and any other surfaces covered by pavement or materials which substantially impede the percolation of rainwater into the soil.
INFORMATIONAL SIGNA sign indicating proximity and/or direction to a noncommercial parcel of land, noncommercial service or noncommercial activity.
IN-LAW APARTMENTA single dwelling unit contained within and accessory to a single-family detached structure.
JUNKGoods that are so worn, deteriorated or obsolete as to make them unusable for their original purpose in their existing condition but are subject to being dismantled, including but not limited to used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, appliances, fixtures, utensils, used boxes or crates, other lumber, used pipe or pipe fittings and used tires.
JUNKYARDAny area of land, including buildings thereon, which is used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or the collecting, storage, dismantling or salvaging of machinery or vehicles not in running condition and the sale of parts therefrom. The deposit on a lot of two or more wrecked or broken-down machines or the major parts thereof for three or more months will be deemed to make the lot a junkyard.
KENNELAn establishment licensed to house dogs, cats or other domestic animals more than six months of age and where the grooming, breeding, boarding, training or selling of animals is conducted as a business.
KEYHOLE LOTA lot located to the rear of another lot that meets all the requirements of this chapter, except minimum lot frontage, and has access to a Town road or a road meeting Town road standards by a strip of land in fee simple ownership, at least 40 feet wide.
LANDSCAPINGThe act of changing or enhancing the natural features of a plot of ground (usually around a building) so as to make it more attractive, as by adding lawns, trees, bushes, etc.
LARGE-SCALE SOLAR ENERGY SYSTEMA solar energy system that is ground mounted and produces energy primarily for the purpose of offsite sale or consumption.
[Added 11-22-2016 by L.L. No. 4-2016]
LIFE CARE FACILITYA facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate living where residents live in individual units, either with or without cooking facilities, and share common meals, health care, recreation facilities and nursing home services as the need arises.
LIGHT INDUSTRYThe act of storing, preparing for treatment, manufacturing or assembling any article, substance or commodity not intended for retail sale on the same premises, not to include the storing or processing of raw materials.
LIVING AREAThat area comprised of the enclosed, occupied living accommodations within a residence, exclusive of cellars, garages and open porches.
LOADING AREAAn off-street space, area or berth, with an appropriate means of access to a street or way, intended for the temporary parking of a vehicle while loading or unloading merchandise materials.
LOCAL STREETA street or road designated to provide access to abutting property and not intended for through-traffic movement.
LOTA parcel of land having a distinct and defined boundary as described in a separate deed, occupied or capable of being occupied by a building or buildings and by accessory buildings and/or uses, including such open spaces as are required by this chapter, and having frontage on an existing or proposed road.
A. LOT, CORNERA lot abutting upon two or more streets, roads or highways at their intersection or upon two parts of the same street, road or highway, such streets, roads or highways or parts of the same street, road or highway forming an interior angle of less than 105°. The point of intersection of the street lot lines is the corner.
B. LOT DEPTHThe mean horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
D. LOT LINE, FRONTThe line separating the lot from a street, road, highway or right-of-way line.
E. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
F. LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street, road or highway is called a "side street, road or highway lot line."
H. LOT WIDTHThe width of the lot at the building line measured at right angles to its depth.
I. LOT AREAThe computed area maintained within the lot lines.
J. LOT COVERAGE RATIOThe ratio of the area of a lot covered by buildings or structures to the total lot area.
MAJOR SUBDIVISIONThe division of a single parcel into at least two or more lots in such a way that it requires the construction of a new street or public utility or the expansion or extension of an existing street or public utility for the parcels to be developed or which involves the creation of more than four lots.
MANUFACTURINGEstablishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the creation of products, and the blending of materials such as oils, resins or liquors.
MININGThe act of removing any natural resources from the land. This includes but is not limited to the removal of earth, rock, gravel, sand and underground materials.
MINOR SUBDIVISIONThe division of a single parcel into at least two but not more than four lots in such a way that it does not require the construction of a new street or public utility or the expansion or extension of an existing street or public utility for the parcels to be developed.
MIXED-USE STRUCTUREA building in part for one use and in part for some other use not accessory thereto, where one use may be considered primary and the other secondary.
MOBILE HOMEAny portable vehicle which is designed to be transported on its own wheels or those of another vehicle, which is designed to be used as a year-round detached single-family residence and which is a complete independent unit to be occupied as permanent living quarters, containing sleeping accommodations, a flush toilet, a tub/shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems, whether placed on a foundation or not. Modular, sectional and panelized dwellings are not included in this definition.
MOBILE HOME LOTA designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.
MOBILE HOME PARKA contiguous parcel of land plotted with two or more mobile home lots which are to be rented or leased for more than 90 consecutive days but not sold. The management and maintenance of a mobile home park shall be deemed to be the responsibility of a single owner or operator, with improved lots and/or services being available under a leasing arrangement.
MOBILE HOME STANDA durable surface located on a mobile home lot which is to be used for placement of and capable of supporting a mobile home.
MODULAR HOUSEA housing unit constructed off site consisting of more than one segment and designed to be permanently anchored to a foundation, to become a fixed part of the real estate.
MOTELA building or group of buildings, whether attached or detached, containing for hire individual living and sleeping accommodations, each of which is considered a unit, is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabins" or "roadside hotel."
MUNICIPAL BUILDINGS AND FACILITIESFacilities owned and operated by the Town of Greenfield or other municipality for the conduct of the Town's business, including but not limited to municipal office buildings, schools, police and fire stations, public works garages and facilities, public safety facilities, solid waste disposal facilities, sewer systems, sewage disposal facilities and similar uses.
NEIGHBORHOOD GROCERYA retail business with a total area of not more than 5,000 square feet devoted to the retail sale of an assortment of packaged and perishable food and general household items.
NONCONFORMING LOT, USE OR BUILDINGA use, activity or structure which may have existed lawfully prior to the adoption, revision or amendment of this chapter but which fails to comply with the regulations currently applying to the district in which it is located.
NON-GRID-ONLY WIND ENERGY FACILITYA wind energy conversion system consisting of a wind turbine or mill, a tower, and associated control electronics, electrical collection and distibution quipment or mechanical windmill components, and accessory facilities or equipment, which is less than 35 feet in total height and is not connected to the power grid.
[Added 11-12-2009 by L.L. No. 2-2009]
NURSING OR CONVALESCENT HOMEA state-licensed residential care facility in which nursing and medical services are performed under the general direction of persons licensed to practice in the State of New York, for the accommodation of convalescent or other persons who are not in need of hospital care but who do require, on a twenty-four-hour basis, nursing care and related medical services. This definition shall include skilled nursing facilities, intermediate care facilities, nursing facilities and life care facilities.
OFFICE BUILDINGA building that is divided into offices, either single or suites, for the transaction of business other than for mercantile or manufacturing purposes where merchandise is on display and offered for sale. Offices used for a professional business or for public or semipublic activities in whole or part are included in this definition.
OFFICE USEAny use of a primarily clerical or professional nature, such as but not limited to insurance, government, real estate, legal or medical services.
OFFICIAL MAP, TOWNThe map established by the Town Board under § 270 of the Town Law, showing the streets, highways and parks theretofore laid out, adopted and established by law and all changes and additions thereto made under the provisions of the Town Law.
OPEN SPACEA parcel or parcels of land or an area of water or a combination of land and water designed and intended for the private or public use or enjoyment of the space. Open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the spot.
OUTDOOR FURNACEAny equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.
PARKING AREAAn open area, a street, road or highway or other public way used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
PARKING LOTAny space for the storage of more than three vehicles on a continuing basis, such space being either for hire or accessory to an existing building or use of land.
PERMITA permit issued pursuant to this chapter granting the holder the right to construct, maintain, and operate a wind energy facility, small wind energy facility, or wind measurement tower.
[Added 11-12-2009 by L.L. No. 2-2009]
PERSONAny individual, corporation, partnership, association, trustee or other legal nongovernmental entity.
PERSONAL SERVICE OUTLETA business with the primary purpose of providing service to individual consumers, such as shoe repair, dry cleaning, laundromat, barbershop, beauty parlor or bank.
PLANThe design of a development, including a plat of a subdivision, all covenants relating to use, location and bulk of buildings and other structures, the intensity of use or density of development and private streets, ways and parking facilities. The phrase "provisions of the plan," when used in these regulations, shall mean the written and graphic materials referred to in this definition.
PLANNED UNIT DEVELOPMENTA tract of land which is developed as a unit with a grouping of residential, commercial and/or industrial buildings, together with their accessory buildings and all appurtenant roadways, parking areas, loading areas, open spaces and service buildings and facilities.
PLAT, FINALThe final plans, drawings and supplementary details of a subdivision which are to act as a guide for the actual subdivision of the land and which, if approved by the Planning Board, shall be submitted for filing with the County Clerk.
PLAT, PRELIMINARYThe salient features of a proposed subdivision, including the preliminary plans, drawings and supplementary details indicating the proposed layout of the subdivision, to be submitted to the Planning Board for its consideration.
PRINCIPAL BUILDINGThe building in which the primary use or function of the lot is conducted.
PRIVATE CLUBA facility operated by a corporation, association or group of people for the social, educational or recreational intent of the dues-paying members and their guests, but not primarily for profit nor to render a service which customarily is carried on as a business. Adult uses are not allowed as part of a private club.
PUBLIC AND SEMIPUBLIC USELand use or buildings under the auspices of a governmental unit, public agency or those involving public benefit or advantage. Hospitals, schools, parks and recreational facilities, cemeteries, passenger stations, libraries, fire stations, public utility installations, government offices or facilities (i.e., Town garage, landfill operation, water or waste material treatment or pumping facilities, etc.), philanthropic institutions, places of worship, community centers, day nurseries and like uses are included in this definition.
PUBLIC ROAD Any federal, state, county, city, Town or village road which is open to the public, or private road regularly used by multiple persons for access to separate off-site parcels of land, access to which is unrestricted by the owner(s) of said private road.
[Added 11-12-2009 by L.L. No. 2-2009]
PUBLIC UTILITY USEA building, structure or lot used for or in connection with the transmission, distribution or regulation of water, gas, electric, telephone or other public utility service.
RECREATIONAL FACILITIESRecreational uses that involve structural development or disturbance of the natural terrain. "Recreational uses" includes public or commercial parklands, golf courses, playing fields, ice-skating facilities, hiking facilities, nature preserves, bike paths, nature walks, horseback riding, fishing, cross-country skiing, sledding, sailing, motorboating, swimming, tennis court facilities, snowmobiling, motorbiking and other more-intensive uses.
RELIGIOUS INSTITUTIONAn institution that people regularly attend to participate in or hold services, meetings and other activities. The term shall not carry a secular annotation and shall include buildings in which religious services of any denomination are held.
RESEARCH LABORATORYA facility for investigation of the natural, physical or social sciences, which may include engineering and product development.
RESIDENCEAny dwelling located off-site which is suitable for habitation on the date a wind energy facility, small wind energy facility, or wind measurement tower permit application is received by the Town and deemed complete by the Planning Board in accordance with §
105-133E, and for which a valid certificate of occupancy has been issued or should have been issued prior to such date. A residence may be part of a multifamily dwelling or multipurpose building, and shall include buildings such as hotels or motels, hospitals, day-care centers, dormitories, sanitariums and nursing homes.
[Added 11-12-2009 by L.L. No. 2-2009]
RESTAURANTAny establishment which serves prepared meals for consumption on the premises or for takeout. It includes the term "tavern" or "bar". It does not include drive-in restaurants. See "drive-in establishment."
RETAIL STOREA business contained within a floor area of 5,000 square feet or less, engaged in the sale of commodities to walk-in consumers for direct consumption and not for resale, including apparel stores, pharmacies, bookstores and other retail outlets, excluding gasoline or filling stations.
RIGHT-OF-WAYA property right, giving the holder thereof right to access to land for a specified purpose.
ROADSA. ALLEYA public or private way permanently reserved as a secondary means of access to abutting property.
B. ROAD, STREET or HIGHWAYA public thoroughfare which affords the principal means of access to abutting property, including an avenue, plan, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley.
D. ROAD, STREET or HIGHWAY LINEThe limit of the street or highway right-of-way line. For the purpose of this chapter, "road line," "street line" and "highway line" shall mean the same.
E. ROADS, PRIMARY (also known as "arterials")Interregional roads conveying traffic between towns, villages and other urban centers. Efficient movement is the primary function of arterial roads; hence, they are designed to provide fast-moving, free-flowing traffic.
F. ROAD, SECONDARYA road or street designated for the movement of traffic between primary roads and local roads as well as for serving adjacent land uses.
G. ROAD, LOCALA road or street designated to provide access to abutting property and not intended for through traffic movement.
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for onsite or offsite consumption.
SCREENINGFences, bushes or trees or other natural and/or artificial material which obscures the visual character of any given building or use of land.
SELF-STORAGEA building or group of buildings containing separate individual and private storage spaces of varying sizes and available for lease or rent for varying periods of time.
SETBACK AGREEMENTAny agreement, contract, easement, covenant or right in land which burdens land for the benefit of an applicant or permittee such that the burdened land is similar in character to land on which any wind energy facility is located. A setback agreement must expressly release any right which the owner(s) of such burdened land may have in the enforcement of this chapter, and acknowledge the applicable requirements of this chapter. All setback agreements shall run with the land and be recorded to apprise any potential purchasers of such land of the same at least for as long as any permit issued under this chapter shall remain in effect. In the event a setback agreement lapses prior to full decommissioning of the wind energy facility, small wind energy facility, or wind measurement tower, the previously burdened land shall be considered off-site, and the applicant, permittee or owner of the same shall be required to bring the project into conformance with the requirements of this chapter.
[Added 11-12-2009 by L.L. No. 2-2009]
SETBACK, FRONTThe required minimum distance between the front line of a building and the related front lot line. See "building, front line of," and "lot line, front."
SETBACK, REARThe required minimum distance between a rear lot line and the rear of a building. The building rear line shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
SETBACK, SIDEThe required minimum distance between a side lot line and the closest side of a building. The building side shall be measured from any bay windows, covered porches, whether enclosed or unenclosed, or any projections thereof.
[Amended 7-12-2007 by L.L. No. 2-2007]
SEWER, COMMUNITYA system whereby water wastes from toilets, wash basins and laundry and/or other facilities in dwellings, accessory buildings or business or industrial establishments, or any combination thereof, on two or more lots are conducted through pipes to a treatment plant where wastes are treated, the solids and liquids separated and the effluent, which has been treated to a level measuring against pollution, discharged through an outfall sewer into an acceptable stream or other permanent body of water.
SEWER, PRIVATEAn on-site method of sewage treatment (usually a septic tank and a drainage field or fields) desired, installed, operated and maintained by the owner of the premises in accordance with the requirements and standards of the State Department of Health.
SHOPPING CENTERA lot used for two or more commercial units, attached or detached, which relate to a common parking area and common points of ingress and egress and a common circulation pattern.
SIGNAny structure or part thereof or any device painted or represented which shall display or include any letter or word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. A sign includes any billboard.
SITEThe parcel(s) of land where a wind energy facility, small wind energy facility, wind measurement tower, or non-grid-only wind energy facility is to be placed. The site can be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a wind energy facility, small wind energy facility, or wind measurement tower, or has entered an agreement for said facility, shall not be considered off-site.
[Added 11-12-2009 by L.L. No. 2-2009]
SMALL WIND ENERGY FACILITYA wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics and electrical collection and distribution equipment, and accessory facilities or equipment, which has a nameplate capacity of not more than 100 kilowatts.
[Added 11-12-2009 by L.L. No. 2-2009]
SOIL MININGExcavating for the purpose of removal of gravel, quarrying and any soil removal.
SOLAR ENERGY EQUIPMENTElectrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
[Added 11-22-2016 by L.L. No. 4-2016]
SOLAR ENERGY SYSTEMSAn electrical generating system composed of a combination of both solar panels and solar energy equipment. The following are general definitions which apply to §
105-134 of the Town of Greenfield Zoning Law.
[Added 11-22-2016 by L.L. No. 4-2016]
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electrical energy.
[Added 11-22-2016 by L.L. No. 4-2016]
SPECIAL USEA use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before it may be permitted in a district.
STABLE, LARGEThe building and land on which more than five horses are kept.
[Amended 7-12-2007 by L.L. No. 2-2007; 11-12-2009 by L.L. No. 2-2009]
STABLE, SMALLAn accessory building in which no more than five horses are kept.
[Amended 7-12-2007 by L.L. No. 2-2007]
STORYThat portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the place between the floor and the ceiling above it.
STRUCTUREThat which is built or constructed, or a portion thereof, either on site or prebuilt.
[Amended 5-8-2008 by L.L. No. 1-2008]
STUDIOThe workshop of an artist, sculptor, photographer or craftsperson, including the sale of works or products produced therein.
SUBDIVIDERThe developer or contractor who will subdivide, the owner of the land to be subdivided or any authorized agent of the developer, contractor or owner.
SUBDIVISIONAny division of land into two or more lots, parcels, blocks or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy, including grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division, by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. "Subdivision of land" shall include any map, plat or other plan of the division of land, whether or not previously filed. "Subdivision of land" shall not include the lease of land for hunting and fishing and other open space recreation uses.
SWIMMING POOLA structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, and provided with a recirculating and/or controlled water supply.
TAVERNAn establishment devoted to the primary use of selling alcoholic beverages for consumption on the premises; it may serve food as an incidental use. A bar, grill, saloon, pub or similar establishment shall be considered a tavern.
TELECOMMUNICATIONS TOWERAny structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communication).
THEATERA place of assembly for the showing of movies and the production of plays and special events.
TOTAL HEIGHTThe highest point above ground level of any improvement related to a wind energy facility, small wind energy facility, or wind measurement tower. Total height as applied to wind turbines shall include the highest point of any wind turbine blade above the tower.
[Added 11-12-2009 by L.L. No. 2-2009]
TOWNHOUSEA two-story, single-family dwelling unit attached to another similar dwelling unit, utilizing common open space and parking.
TOWN LAWMcKinney's and McKinney's Consolidated Laws of New York Annotated, Book 61.
TRAVEL TRAILERAny portable vehicle, including a tent camper, truck camper or motor home, which is designed to be transported on its own wheels, which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes and which may or may not include one or all of the accommodations and facilities customarily included in a mobile home, provided that any travel trailer used for residential purposes for more than 30 consecutive days or 45 days aggregate in any one calendar year shall be considered a mobile home.
TRAVEL TRAILER CAMPA parcel of land under single ownership which is designed and improved for use by two or more travel trailers for no more than three months.
UNTREATED LUMBERWood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
VARIANCEPermission by the Zoning Board of Appeals to use land for a use or in a configuration which is not in accordance with or is prohibited by the applicable zoning regulations.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
WAREHOUSEA building designed or used as a wholesale distribution center.
WASTE DISPOSAL AREAAny area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use.
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITYA supply of water from a reliable source adequate to meet the daily needs of dwellings and their permitted accessory buildings or business or industrial establishments or any combination thereof on two or more lots or parcels of land and having a system of intake conduits or pipes, pumps, purification and storage equipment and facilities, hydrants and other ancillary equipment and a system of distribution mains and pipes whereby the potable water is conducted to the dwellings, accessory buildings, business or industrial establishments or any combination thereof located on the lots served by the system.
WIND ENERGY FACILITYAny wind turbine or array of wind turbines designed to deliver electricity to the power grid for sale with a combined production capacity of more than 100 kilowatts of energy, including all related infrastructure, electrical collection and distribution lines and substations, access roads, and accessory structures, including accessory facilities or equipment.
[Added 11-12-2009 by L.L. No. 2-2009]
WIND MEASUREMENT TOWERA tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.
[Added 11-12-2009 by L.L. No. 2-2009]
WINDMILLA wind energy conversion facility not involved in the production or distribution of electricity but designed to do mechanical work such as (but not limited to) pumping water or grinding flour.
[Added 11-12-2009 by L.L. No. 2-2009]
WIND TURBINEA wind energy conversion system consisting of a tower, nacelle, and associated control or conversion electronics and equipment contained within or atop the tower.
[Added 11-12-2009 by L.L. No. 2-2009]
WATER SUPPLY, PRIVATEA supply of potable water from a reliable source adequate to meet the daily needs of a dwelling and its permitted accessory buildings or a business or an industry on a lot or parcel of land meeting the area and frontage requirements for use in the district in which it is located and which supply of water is approved as to potability, reliability and adequacy by the State Department of Health. Such private water supply may be from an on-site well or from a spring, stream, river, lake or other permanent source of water.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
A. YARD, FRONTAn open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unoccupied, shall be considered as part of the principal building and shall not project into a required front yard.
B. YARD, REARAn open space extending across the entire width of the lot between the principal building and the rear line of the lot.
[Amended 7-12-2007 by L.L. No. 2-2007]
C. YARD, SIDEAn open space on the same lot with a principal building, between the principal building and the side line of the lot and extending through from the front yard to the rear yard.
[Amended 7-12-2007 by L.L. No. 2-2007]
ZONING ADMINISTRATORThe individual appointed by the Town Board for the purpose of handling the daily administration of the Zoning Law.