Kirkland City Zoning Code

This chapter is enacted for the following purposes:

A. To minimize or lessen congestion in the streets.

B. To secure from fire, flood, panic and other hazards.

C. To provide adequate light and air.

D. To prevent overcrowding of the land.

E. To prevent undue concentration of population.

F. To minimize conflicts from incompatible uses.

G. To provide a variety of use districts within the Town to retain the historic settlement pattern of the community, and accommodate a diversity of residential densities and types.

H. To facilitate the adequate and efficient provision of transportation, water, sewerage, stormwater management, schools, parks and other service requirements.

I. To encourage the most appropriate use of the land based on its natural characteristics.

J. To protect important natural and scenic resources such as lakes, streams, wetlands, aquifers, historic sites and agricultural areas.

K. To preserve the quality of natural resources, including air, water, soil, vegetation and wildlife.

L. To maintain and enhance the rural character of the Town.

M. To promote health and the general welfare.

N. To conserve the value of buildings.

O. To provide compliance and consistency with the laws of New York as may supersede this chapter and the powers of the various Town organizations and institutions charged with overseeing and carrying out the purposes and powers of this chapter.

A. Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future tense; words in the singular number include the plural, and the plural the singular. The word “lot” includes the word “plot.” The word “shall” is intended to be mandatory. The word “building” includes the word “structure.” The word “occupied” or the word “used” shall be considered as though followed by “or intended,” “arranged” or “designed to be used or occupied.” The word “person” includes individual, partnership, association, corporation, company or organization. Doubt as to the precise meaning of any word used in this chapter shall be clarified by the Zoning Board of Appeals under its power of interpretation by appeal.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABOVEGROUND TANK – Any stationary tank, which is not entirely covered with earth or other backfill material.

AGRICULTURE – The raising for profit/gain of fruits, grains, vegetables and the like and structures incident thereto but not including the raising or keeping of animals. “Agriculture,” as defined in this chapter, does not include all of the uses defined as agricultural uses in New York’s Agriculture and Markets Law.

AIRPORT – A facility for the landing, takeoff, storage and repair of fixed-wing and rotary-wing aircraft.

ALLEY – A service way which affords generally a secondary public means of vehicular access to abutting property.

ALTERATION – Any change to a structure which IS not merely a repair or replacement of an existing part or any change which would:

(1) Enlarge or diminish the livable floor area of the structure or any part thereof.

(2) Change the number of dwelling units contained in any structure.

(3) Cause a change in the location of height of the exterior walls or roof of the structure.

(4) Move the structure from one position to another.

(5) Change any exit or entry facilities.

(6) Change or rearrange the structural parts, including bearing walls, beams, girders and columns.

(7) Change a use.

AMUSEMENT FACILITY – Indoor facilities open to the public such as a theater, cinema or video arcade, ice skating, roller skating, racquet sports and bowling.

APPLICANT – A property owner or agent of a property owner who has filed an application for a land development activity.

AQUIFER – A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to the wells.

AQUIFER RECHARGE AREA – The surface and subsurface land areas that collect precipitation or surface water and transmit this water to an aquifer.

AUTOMOBILE BODY SHOP – Any area for repair or alteration of the frame or body of automobiles.

AUTO/TRAILER SALES AND RENTAL – An open area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done except minor incidental repair of vehicles to be displayed, sold or rented on the premises.

BASEMENT – A space of a full story height below the first floor which IS not designed or used primarily for year-round living accommodations.

BED-AND-BREAKFAST – A home occupation in which an overnight accommodation is provided, the rates for which include breakfast and lodging only.

BUILDING – Any roofed structure intended for the shelter, housing or enclosure of persons, animals or chattels. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.

BUILDING AREA – The total ground area of each building, exclusive of uncovered porches, parapets, steps and terraces. See Appendix A, Typical Building Area Plan.’

BUILDING COVERAGE – That percentage of the lot area covered by the building area.

BUILDING OR USE, ACCESSORY – A building or use subordinate or supplemental to the main building or use on the same lot.

BUILDING TRADE SHOP – An establishment for use by the practitioner of a building trade such as a carpenter, welder, plumber, electrician, builder, mason or similar occupation.

BUSINESSIPROFESSIONAL OFFICE – A building or portion of a building wherein services are performed involving administrative, professional or clerical operations.

CAMP – Any area designated for temporary use by a trailer, vehicle, cabin or other similar shelter designed and intended for seasonal use.

CAR WASH – An area of land and/or a structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.

CELLAR – An area wholly or partly below grade and having less than 112 of its clear floor-to-ceiling height above the average grade of the adjoining ground.

CEMETERIES – Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

CHANNEL – A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING – Any activity that removes the vegetative surface cover.

COMMERCIAL RECREATION – Outdoor facilities, operated as a business and open to the public with facilities for uses such as horseback riding, swimming, golf courses, driving ranges, miniature golf and outdoor and open air live theater.

CONSERVATION – The use of land in its natural state or improved with trails or resource management programs that do not significantly alter its natural state.

CONSTRUCTION YARD – Facility or area for storage, open or enclosed, for construction equipment or materials.

CONVENIENCE STORE – Any retail establishment offering for sale gasoline, prepackaged food products, household items and other goods commonly associated with the same and which has a gross floor area of less than 5,000 square feet.

DAY CARE-

(1) CHILD DAY-CARE PROGRAM – A program providing child care as defined in NYCRR, Section 418.2

(2) DAY-CARE CENTER – A program or facility in which care is provided on a regular basis to more than six children for more than three hours per day per child.

(3) DAY-CARE HOMES –

(a) GROUP FAMILY DAY-CARE HOMES – A family home which is a personal residence and occupied as a family residence which provides child day care to seven to 12 children, as defined in NYCRR, Section 416.3

(b) FAMILY DAY-CARE HOMES – A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours a day to three to six children, as defined in NYCRR, Section 417.4

(4) SCHOOL-AGE CHILD-CARE PROGRAM – Care provided on a regular basis to seven or more children under 13 years of age, or who are incapable of caring for themselves where such children attend school or kindergarten. “School-age child-care program” means a program providing school-age child care as defined in NYCRR, Section 414.5

(5) SMALL DAY-CARE CENTER – A program or facility which is not a personal residence in which care is provided to three through six children for more than three hours per day per child. “Child day-care program” means a program providing child care as defined in NYCRR, Section 4l8(g).6

DEDICATI0N – The deliberate appropriation of property from its owner by a municipality for general public use.

DENSITY – The total number of dwelling units proposed, divided by the total number of acres within the tract.

DESIGN MANUAL – The New York State Stormwater Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER – A person or entity which undertakes land development activities. DISPOSAL – The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.

DOWN GRADIENT – Portions of a lot defined by areas of lower land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up gradient areas) to areas of lower elevation (downgradient areas). See definition for “up gradient. ”

DRIVEWAY – A private way for vehicular traffic which affords the principal means of vehicular access to the property, which complies with the regulations of the Town of Kirkland, County of Oneida or State of New York, and for which a permit has been issued by the Town.

DUMP – Any area used for 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. A dump does not include a landfill.

DWELLING, MULTIPLE- F AMILY – A structure, or group of structures, containing three or more dwelling units physically connected by a common wall and/or roof. This includes condominiums, townhouses and cooperatives.

DWELLING, SINGLE-F AMILY – A detached structure, other than a mobile home or other temporary structure, containing one dwelling unit.

DWELLING, TWO-F AMILY – A detached structure, other than a mobile home or other temporary structure, containing two dwelling units.

DWELLING UNIT – One or more rooms with provisions for complete living, including sanitary and sleeping facilities, for year-round use by one family.

EARTH REMOVAL/EXCAVATION – The removal of earth products from a lot, including but not limited to sand, gravel, soil, loam and mineral products, including mining as defined by New York State law. The removal of earth products which is incidental to and in connection with the necessary excavation and grading of a site for a building or structure and its appurtenant driveways or parking facilities for which a permit has been granted by the Building Inspector; or the construction of a street approved under Chapter 103, Subdivision of Land, shall not be considered as earth removal for the purposes of this provision.

EDUCATIONAL – Use of land, building and structures for providing learning in a general range of subjects, including related support and accessory uses, associated with the educational purpose of the institution, on land owned or leased by the state or any of its agencies, subdivisions or bodies politic; or by a bona fide religious sect or denomination; or by a nonprofit educational entity.

ENVIRONMENTAL IMPACT STATEMENT A written document prepared in accordance with 6 NYCRR 617.14.

EROSION CONTROL MANUAL The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book.”

FAMILY – A single person; two or more persons related by blood or marriage; or one or more persons acting as parental guardians for other household occupants.

FARM – Any parcel of land containing not less than 10 acres which is used for gain in raising agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, dog kennels and hog farms.

FAST FOOD – An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service; prepared, fried or griddled quickly; or heated in a device such as a microwave oven. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers.

FERTILIZED VEGETATION – Areas of vegetation being cultivated by humans that require the application of fertilizers, pesticides or other substances in order to grow or maintain its existence.

FERTILIZER – Any commercially produced mixture that contains phosphorus, nitrogen, and/or potassium, which is applied to the ground to increase nutrients to plants.

FINANCIAL – Bank, loan agency or similar facility.

FLOODPLAIN – Any area adjacent to a water body which is subject to inundation from high water and/or wave action and, at a minimum, that area subject to a one-percent-or-greater chance of flooding in any given year. All areas designated as special flood hazard zones by the Federal Insurance Administration’s Official Map for the Town shall be considered as “floodplain” areas. Further determination of the extent or existence of floodplains shall be based on the best available information, including but not limited to United States Army Corps of Engineers floodplain studies, United States Department of Agriculture Soil Conservation Service studies, soils, vegetation, hydrologic and geologic data.

FUNERAL HOME – A building or part thereof used for human funeral services.

(1) Such building may contain space and facilities for:

(a) Embalming and the performance of other services used in preparation of the dead for burial;

(b) The performance of autopsies and other surgical procedures;

(c) The storage of caskets, funeral urns and other related funeral supplies; or

(d) The storage of funeral vehicles, but shall not include facilities for cremation.

(2) Where a funeral home is permitted, a funeral chapel shall also be permitted.

GARAGE, COMMERCIAL – A building or premises used for the repair and/or servicing of motor vehicles (excluding body and fender work) and/or for the retail sale of fuel for such vehicles.

GARAGE, PRIVATE – A building or enclosure primarily designed or used for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, STORAGE – A building or part thereof used only for the storage of vehicles for gain, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.

GASOLINE STATION – Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof by any means.

GENERAL SERVICES – Establishments providing services to the general public or to business establishments such as telephone answering, word processing or secretarial services; computer service bureaus; facilities for music instruction; facilities for repair of appliances, office equipment, bicycles, lawn mowers or similar equipment; barbershop; laundry or dry cleaning; and similar services.

GRADING – Excavation or fill of material, including the resulting conditions thereof.

GROUND FLOOR AREA _. The floor area included within the exterior faces of exterior walls, exclusive of garages and open porches.

GROUNDWATER – All the water found beneath the surface of the land and present in aquifers and aquifer recharge areas.

HAZARDOUS SUBSTANCE – Any substance listed as a hazardous substance in 6 NYCRR Part 597, List of Hazardous Substances, or a mixture thereof.

HAZARDOUS WASTE – A waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous waste, because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed.

HEIGHT, BUILDING – The vertical distance measured from the average level of the proposed finished grade across the front of the building to the ridgeline of the roof of the structure.

HERBICIDES Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101.

HOME OCCUPATION – An occupation or profession carried on wholly within a dwelling unit or an accessory structure (use) by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes.

HOSPITAL – As defined by Public Health Law § 2801, Subdivision 1, “hospital” means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum, outpatient department, outpatient lodge, dispensary and a laboratory or central services facility serving one or more such institutions. The term “hospital” shall not include an institution, sanatorium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the Department of Mental Hygiene, except for those distinct parts of such a facility which provide hospital service.

HOTEL, INN or MOTEL – A structure or group of structures providing transient lodging accommodations and accessory uses, such as feeding, parking, selling of beverages and notions to the general public.

HUMAN EXCRETA – Human feces and urine.

IMPERVIOUS COVER – Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT – A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION – The process of percolating stormwater into the subsoil.

JUNKYARD, AUTOMOBILE –

(1) Any 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 the public highways, 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.

(2) Such term shall include any place of storage or deposit for any such purpose 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 produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes.

(3) “Auto wrecking” is the dismantling or disassembling of used motor vehicles or the storage, sale, salvaging or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

(4) As used herein, the term “vehicle” shall mean passenger-type automobile truck, tractor-truck, trailer, bus, motorcycle, snowmobile or other vehicle, however propelled, as well as tractors, bulldozers, machinery and similar equipment.

JUNKYARD, GENERAL – A lot, land or structure, or part thereof, used for the collecting and storage of wastepaper, rags, scrap metals, used or salvaged building materials or other discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles.

KENNEL – An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

LAND DEVELOPMENT ACTIVITY Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDFILL – Any area for the depositing of refuse in a natural or man-made depression or trench, or dumping at ground level, compacting to the smallest practical volume, and covering with earth in a systematic and sanitary manner.

LANDOWNER – The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

LAUNDERETTE – A business that provides home-type washing and drying machines for hire to be used by customers on the premises.

LODGE or CLUB – A facility, excluding overnight lodging facilities, used by a noncommercial, not-for-profit organization (as defined by the Internal Revenue Service) which is characterized by formal written membership requirements.

LOT – A parcel of land considered as a unit, occupied or capable of being occupied by one building, with or without accessory buildings or uses, or by a group of buildings united by a common use or interest; and including such open spaces, including parking and loading, as are required by this chapter; and having its principal frontage upon a street or an officially approved place.

LOT AREA – The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of lot area.

LOT, CORNER – A lot abutting upon two or more streets at their intersection and having an interior angle at the corner of intersection of less than 135°.

LOT COVERAGE – The percentage of the lot area covered by the building area and paving.

LOT DEPTH – The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT FRONT AGE – That portion of the lot abutting the street line; in the case of a lot that abuts more than one street, the owner may designate either street line as the lot frontage.

LOT, INTERIOR – A lot bounded by a street on one side only.

LOT, THROUGH – A lot having frontage on two approximately parallel or converging streets.

LUMBERYARD – A facility for the open or enclosed storage and sale of building materials.

MAINTENANCE AGREEMENT – A legally recorded document which places restrictions on the use or enjoyment of real property (e.g., deed restrictions), and which provides for long-term maintenance of stormwater management practices.

MANUFACTURING – A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but confines disturbing smoke, fumes, dust, chemical discharge and noise to the premises; and is not hazardous to abutters because of potential fire, explosion or radiation.

MANUF ACTURING, LIGHT – A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but confines disturbing smoke, fumes, dust, chemical discharge and noise to the premises; and is not hazardous to abutters because of potential fire, explosion or radiation.

MANURE – Animal feces and urine.

MOBILE HOME – A movable or portable unit, including but not limited to a trailer designed and constructed to be towed on its own chassis and connected to utilities. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity, as well as two or more separately towable components designed to be joined into one integral unit ‘capable of being again separated into the components for repeated towing. “Mobile home” shall mean units designed to be used exclusively for residential purposes, excluding travel trailers.

MOBILE HOME PARK – Any area which has been planned and improved with provisions for utilities and sanitary service for the placement of two or more mobile homes.

MODULAR HOME – A living unit designed only for erection or installation on a site-built permanent foundation and not designed to be moved once erected on such foundation and designed and manufactured in compliance with the New York State Building Construction Code.

MUNICIPAL – Use of land, building and structures by the Town of Kirkland, Village of Clinton and other governmental bodies.

MUNICIPAL WELL – One of any groundwater wells operated by the Village of Clinton for the purpose of providing a public water supply.

NATURAL VEGETATION – Existing and naturally occurring indigenous vegetation, which grows and is maintained without need of applications of fertilizers, pesticides or other chemical substances.

NONPOINT SOURCE POLLUTION – Pollution from any source other than from any discernible, confined, and discrete conveyances, including but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

NURSING HOME – An extended or intermediate care facility licensed by the New York State Department of Health to provide full-time convalescent or chronic care of persons with or recuperating from illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age.

ON-SITE CONSUMPTION – The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. On-site consumption does not include the on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site,

PARKING LOT – An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.

PARKING SPACE – An off-street space available for the parking of one or more motor vehicles and having an area of not less than 162 square feet for each vehicle, exclusive of passageways and driveways thereto, and having direct access to a street or alley.

PEST – Any insect, rodent, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law § 33-0101.

PESTICIDE – Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq.

PET WASTE – The manure/feces from domesticated animals and household pets that are typically not associated with agricultural uses. Pets may include but are not limited to dogs, cats, rabbits, birds, rodents, reptiles, or other small animals.

PETROLEUM – Any petroleum-based oil which is liquid at 200 C. under atmospheric pressure and has been refined, rerefined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. Waste oil which has been reprocessed or rerefined and which is being stored for sale or use as a fuel or lubricant is considered petroleum for purposes of this chapter.

PHASING – Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

PLOT – A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or by metes and bounds.

POLLUT ANT OF CONCERN – Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT – Land development activity.

PUBLIC UTILITIES – Facilities for the generation and transmission of gas, electricity and electronic communications licensed by state and federal regulatory agencies.

PUBLIC WATER or PUBLIC SEWER – A water or sewerage system which is owned and operated by a government authority or by a utility company; or a sewer district adequately controlled by a government authority.

PUBLISHING and PRINTING – Publishing and/or printing services, provided that all operations shall confine disturbing smoke, fumes, dust, chemical discharge and noise to the premises.

RADIATION – Ionizing radiation; that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, not including any sound or radio wave, or visible, infrared, or ultraviolet light.

RADIOACTIVE MATERIAL – Any material in any form that emits radiation spontaneously.

RECHARGE – The addition of water to an aquifer or to a pumping well; the replenishment of underground water reserves; also, the amount of water added to an aquifer or a pumping well. Recharge is typically expressed as a rate, e.g., inches per year or gallons per day.

RELIGIOUS – A tax-exempt institution where religious worship is conducted. RESEARCH AND TESTING – Investigation and/or testing of goods and/or equipment, provided that all operations shall confine disturbing smoke, fumes, dust, chemical discharge and noise to the premises.

RESTAURANT (MAJOR) – An establishment with a gross floor area of more than 2,500 square feet (including drive-in and fast-food restaurants) where food and beverages are sold within a building to customers for consumption at a table or counter, on a patio or off the premises as carry-out orders.

RESTAURANT (NEIGHBORHOOD) – An establishment with a gross floor area of 2,500 square feet or less (excluding drive-in or fast-food restaurants) where food and beverages are sold within a building to customers for consumption at a table or counter, on a patio or off the premises as carry-out orders.

RETAIL STORE (MAJOR/CONVENIENCE) – An establishment engaged in displaying and selling goods or merchandise within a building (with a gross floor area of more than 2,500 square feet) to the general public or to business establishments, which goods or merchandise are not intended for resale; except that a garden center, florist or commercial greenhouse may have open air display of horticultural products, and that other open air storage or displays may be allowed with a special permit from the Planning Board.

RETAIL STORE (NEIGHBORHOOD) – An establishment engaged in displaying and selling goods or merchandise within a building (with a gross floor area of 2,500 square feet or less) to the general public or to business establishments, which goods or merchandise are not intended for resale.

ROOMING HOUSE – A structure that contains rooms that are offered for rent, for more than two but less than 10 persons, including tourist homes.

SECONDARY CONTAINMENT – A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface or any water body.

SEDIMENT CONTROL – Measures that prevent eroded sediment from leaving the site.

SELF STORAGE – A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer’s goods or wares.

SENSITIVE AREAS – Cold-water fisheries, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SEPT AGE – The contents of a septic tank, cesspool, or other individual wastewater treatment works, which receives domestic sewage wastes.

SIGN – Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business, but not including any official traffic control device. Each display surface shall be considered to be a “sign.”

SIGN, ADVERTISING – A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

SIGN, BUSINESS – A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, FLASHING – Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a flashing sign.

SLOPE – The degree to which the land is inclined, determined by the ratio of horizontal change in distance to vertical change in height. This may be expressed as a percent, in degrees or as a simple ratio.

SLUDGE – The solid, semisolid or liquid waste generated from a waste processing facility, not including the liquid stream of effluent.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

SPILL Any escape of a hazardous substance or petroleum from the primary containers used in the normal course of storage, transfer, processing, or use.

STABILIZATION – The use of practices that prevent exposed soil from eroding. STABLE, PRIVATE – An accessory building in which one or more horses or ponies are kept for private use and not for hire, remuneration or sale.

STABLE, PUBLIC – A building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

STOP- WORK ORDER – An order issued which requires that all construction activity on a site be stopped.

STORMWATER – Rainwater, surface runoff, snowmelt and drainage.

STORMW ATER HOTSPOT – A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMW ATER MANAGEMENT – The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT PRACTICES (SMPS) – Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) – A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF Flow on the surface of the ground, resulting from precipitation.

STORY – That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF – That part of a building located wholly or partly within the roof frame, said part having a ceiling height of five feet or more for any area not exceeding 112 the floor area of the -story below or in which not more than 2/3 of the floor area is finished off as rooms.

STREET – A public road which affords the principal means of vehicular access to the abutting property, whether designated as street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane or place which has been dedicated to the Town of Kirkland or is designated highway or road of the County of Oneida or the State of New York, which meets the regulations and specifications of and is between the right-of-way lines of the respective municipality, county or state.

STRUCTURE – Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

SURFACE WATERS OF THE STATE OF NEW YORK – Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

TIMBER HARVESTING – The selective cutting and removal of forest products on any parcel of land but not including clear-cutting, clearing of land associated with a valid building permit or future development, provided that all activity shall be in accordance with New York State laws.

TOURIST HOME – A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TRA VEL TRAILER – A unit for an individual or a family group designed for highway transportation behind or on top of another vehicle, which travel unit provides partial housekeeping facilities for short-time outdoor living.

TRUCK TERMINAL – A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and others trucks, are parked or stored.

UNDERGROUND TANK – Any tank completely covered with earth or other backfill material.

UPGRADIENT – Portions of a lot defined by areas of higher land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up gradient areas) to areas of lower elevation (downgradient areas). See definition for “downgradient.”

USE, ACCESSORY – An activity or structure on the same lot with the principal use which is incidental or subordinate to the principal use.

USE, NONCONFORMING – A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.

USE, PERMITTED – A use specifically allowed in a particular land use district.

USE, PRINCIPAL – An activity, or structure in which the activity is conducted, which is the primary intended or designed use of the lot and/or structure.

USE, SPECIAL – A use which is not allowed in a particular land use district as stated in this chapter. Such uses will only be allowed upon approval of the Zoning Board of Appeals and must conform to appropriate and stated conditions.

VARIANCE – Any relaxation of the terms of this chapter, either for a use or area requirement, based on the property owner’s practical difficulty or unnecessary hardship in meeting the strict letter of such terms, which is granted by the Zoning Board of Appeals after review and evaluation against established criteria.

VETERINARY – A facility where animals are given medical or surgical treatment and where boarding of animals is limited to short-term care incidental to the medical or surgical treatment. Such facility shall be completely enclosed, air conditioned and soundproofed.

WAREHOUSE – A building used to store or hold goods or materials for use ill assembly or manufacturing or for future transmission of said goods or materials to another location.

WATERCOURSE – A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

W ATER WAY – A channel that directs surface runoff to a watercourse or to the public storm drain.

WETLAND – Any area where water is at or near the surface of the ground each year to promote the formation of hydric soils or hydrophytes (water-loving plants).

YARD – An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT – The yard across the full width of the lot facing the street, extending from the front line of the building to the road right-of-way.

YARD, REAR – The yard across the full width of the lot opposite the front yard, extending from the rear line of the building to the rear property line. The rear yard of a corner lot is the yard opposite the selected front yard. A rear yard shall be open and unoccupied space, except for accessory buildings.

YARD, SIDE – The yard between the sideline of the building and the adjacent side property line and extending from the front yard to the rear yard.

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of public health, safety and general welfare. When this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires larger open spaces or makes any other greater requirement than is imposed or required by any other ordinance, rule or regulation or by easements, covenants or agreements, the provisions of this chapter shall govern. In addition, any use not specifically listed in this chapter is hereby not permitted.

Should any law in New York supersede and/or take precedence over any of the provisions of this chapter, the remaining provisions shall remain valid and in full force and effect, and in applying any New York law which may supersede the provisions of this chapter, the purposes of this chapter shall be complied with to such extent as may be practical and appropriate without being inconsistent with the laws of New York.