[Amended 10-12-1994 by L.L. No. 1-1994; 5-12-1997 by L.L. No. 2-1997; 2-13-2001 by L.L. No. 2-2001; 6-28-2001 by L.L. No. 5-2001; 8-5-2013 by L.L. No. 1-2013; 12-16-2013 by L.L. No. 5-2013; 10-20-2017 by L.L. No. 3-2017; 8-20-2018 by L.L. No. 1-2018; 12-16-2019 by L.L. No. 1-2019; 8-21-2023 by L.L. No. 2-2023; 4-15-2024 by L.L. No. 3-2024]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE/ CUSTOMARY ACCESSORY USE OR STRUCTUREA use or structure that is subordinate to the principal use on the same lot and serving a purpose typically incidental and well established to the principal use. In order for a use or structure to be deemed an accessory use/customary accessory use it must be (a) subordinate to the principal use on the same lot, (b) serving a purpose that is typically incidental and well established to the principal use, (c) unity of ownership between the principal and accessory uses, and (d) promoting harmony of land use within the relevant zoning district of the Town. In no case shall such accessory use dominate in area, extent, or purpose to the principal use but be minor in its association with the principal/primary use. Examples of customary accessory uses and structures are decks, satellite dish antennas outdoor fireplaces, patios, garages, carports, domestic gardens, sheds, and barns.
ADULT STORESUse of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade or which involves the sale, lease, trade, gift or display of drug paraphernalia. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, in a patently offensive manner, sexual conduct and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Drug paraphernalia includes any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the New York State statutes.
AGRI-BUSINESSBusiness activities utilizing 50% or more of product grown and/or produced on the property, including, but not limited to, U-picks, CSAs, expanded road stands, corn mazes, hay rides, pumpkin patches, seasonal events, school programs, weddings and parties, farm markets, dairy barns, bakeries, farm stores and restaurants, bed-and-breakfasts, farm support businesses such as community kitchen, and farm-compatible businesses, farm distilleries, and farm vineries.
AGRICULTUREAny processing facilities, on-farm buildings, manure processing and handling, and practices that contribute to the production, preparation or selling of crops, livestock, and wood products, including commercial horse-boarding operations and compost, mulch or other biomass operations. Agriculture is an activity that produces food, fiber, animal products, wood products, and other goods and services from the land, including but not limited to maple syrup, bee products, and Christmas trees.
AGRI-TOURISMActivities conducted by a farmer on-farm for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. Agri-tourism activities include, but are not limited to, on-farm bed-and-breakfasts, farm stay programs, U-pick operations, and pumpkin patches.
ALTERATIONA change, enlargement or rearrangement in the structural parts of a structure, land or building use; whether by extending on a side or by increasing in height; or moving from one location or position to another.
ANIMAL HOSPITALA facility for the medical or surgical care and treatment of animals, including shelters and like facilities, other than animal kennels as described herein.
AUTO BODY SHOPAny shop or garage, other than a private garage, available to the public, operated for gain and where bodywork and painting are performed.
AUTOMOBILE SERVICE STATIONA building or place of business where repair service is the primary business use, and where gasoline, oil and greases, batteries, tires and automobile accessories may be supplied and dispensed directly to the motor vehicle, at retail.
BASEMENTThat portion of a building that is partly or completely below grade plane (see "story above grade plane" in Section 202 of the Building Code). A basement shall be considered as a story above grade plane where the finished surface on the floor above the basement is: more than six feet (1829 mm) above grade plane; more than six feet (1820 mm) above the finished ground level for more than 50% of the total building perimeter; or more than 12 feet (3658 mm) above the finished ground level at any point; or whatever the applicable and current definition in the NYS Building Code may prescribe.
BED-AND-BREAKFASTA dwelling in which overnight accommodations not exceeding eight bedrooms and breakfast are provided for transient guests for compensation. A bed-and-breakfast must be the primary residence of the owner/proprietor; or whatever the applicable and current definition in the NYS Department of Health regulations may be.
BOARDING OR TOURIST HOMEAny dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally but not necessarily included as a part of the services rendered; or whatever the applicable and current definition in the NYS Department of Health regulations may be.
BUFFER AREAThe ground area of a lot which shall be left in its natural state or planted, as may be required by code and/or district regulations or the Planning Board in connection with site plan review.
BUILDINGAny structure, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials, including any combination of materials forming any construction. The term 'building' shall include the term 'structure', as well as the following:
B. Walls and retaining walls.
C. Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 10 feet above the highest level of the roof of such building.
D. Pergolas, porches, decks, outdoor bins and other similar structures.
H. A structure requiring a subsurface support or base, such as a footing or sleeve for a flagpole or sign.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHTThe vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, with exceptions for certain uses as provided herein.
BUILDING, PRINCIPALA structure in which the principal use of the site on which it is situated is conducted. In any residential district any dwelling shall be deemed to be a principal building on the district on which the same is located.
BUILDING, SETBACK-LINEA line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
CAFOConcentrated Animal Feeding Operation.
CAFO, LARGEAnimal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories:
| 700 mature dairy cows, whether milked or dry |
| 1,000 veal calves |
| 1,000 cattle, other than mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs. |
| 2,500 swine, each weighing 55 pounds or more |
| 10,000 swine, each weighing less than 55 pounds |
| 500 horses |
| 10,000 sheep or lambs |
| 55,000 turkeys |
| 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system |
| 125,000 chicken, other than laying hens, if the AFO uses other than a liquid manure handling system |
| 82,000 laying hens, if the AFO uses other than a liquid manure handling system |
| 30,000 ducks, if the AFO uses other than a liquid manure handling system |
| 5,000 ducks, if the AFO uses a liquid manure handling system |
CAFO, MEDIUMAnimal feeding operation that stables or confines the type and number of animals that fall within any of the following ranges:
| 200 to 699 mature dairy cows, whether milked or dry |
| 300 to 999 veal calves |
| 300 to 999 cattle, other than mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs. |
| 750 to 2,499 swine, each weighing 55 pounds or more |
| 3,000 to 9,999 swine, each weighing less than 55 pounds |
| 150 to 499 horses |
| 3,000 to 9,999 sheep or lambs |
| 16,500 to 54,999 turkeys |
| 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system |
| 37,500 to 124,999 chicken, other than laying hens, if the AFO uses other than a liquid manure handling system |
| 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system |
| 10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling system |
| 1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system |
CAFO, SMALLAnimal feeding operation that is designated by the Department of Environmental Conservation as a CAFO or requests CAFO permit coverage and is not a medium or large CAFO. Small CAFOs must meet all of the medium CAFO regulatory requirements of this general permit
CAMP, HUNTING AND FISHINGRecreational camps with year-round intermittent occupancy, dedicated to the pursuit of hunting and fishing activities.
CAMPThe development or use of a lot, tract or parcel of land for the provision of indoor or outdoor recreational or educational activities. Any or all of the following features may be included: temporary or permanent shelters, buildings or structures that are designed for seasonal use or year-round use, including but not limited to any or all of the following structures or features within: cabins, dormitories, cafeterias, gymnasiums, community centers, administration buildings, sanitary facilities, and similar structures for use by the camp attendees and designed in accordance with all applicable uniform building codes as they apply to their intended use, e.g., seasonal or year-round. In addition, ball playing fields, basketball courts, tennis courts, running tracks, swimming pools, horseback riding facilities, hiking and riding trails, and other similar facilities and their associated activities are permissible. The occupants of a camp shall be limited to the owner, any employed directors and teachers and their immediate families; all individuals registered for the camp session for whom a fee was paid to attend; and persons employed by the owner or operator of any such camp to support its functions, including counsellors, cooks and maintenance personnel. "Camp" as defined herein shall not include "camp, hunting and fishing."
CAMPGROUND (RECREATIONAL VEHICLE PARK)The development of a lot, tract or parcel of land for the purpose, whether immediate or future, of lease, rent, sale or transfer of ownership, for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes, or tents for transient use.
CEMETERYA place used for burials, whether in the ground or in mausoleums, provided that no new cemetery shall result in in-ground burials within a one-hundred-year floodplain area or the construction of any mausoleum structure of greater than 500 square feet in size any closer than 100 feet from the perimeter of the cemetery.
CLUSTER DEVELOPMENTDevelopments which provide for single-family dwelling units and permitted accessory uses, wherein dwelling units are grouped in sections in order to maximize the amount of common space and to preserve the natural setting.
CODE ENFORCEMENT OFFICERThe person charge by the Town Board with responsibility for administration and enforcement of this chapter.
COMMERCIAL RECREATIONAL FACILITYAn indoor or outdoor privately run business involving playing fields, courts, arenas or halls designed to accommodate sports and recreational activities, such as but not limited to billiards, bowling, dance halls, gymnasiums, health spas, skating rinks, indoor or outdoor shooting ranges, tennis courts, swimming pools, team sports and golf courses.
CONSERVATION EASEMENTA voluntary but legally binding agreement between a landowner and a land trust to preserve all or some of a property's natural values. The easement states how the owner will protect these values. Usually the landowner gives up substantial development rights, but retains title to the land. The owner continues to live on the land and use it, and he can sell it, or pass it to heirs. Subsequent owners are also bound by the terms of the easement.
CONTRACTOR, SINGLESmall, one-person and owner-operated business suitable for location within residential zone districts (R1 and R2). Such business must not exceed a minor physical presence in the district and must not change the character of the zoning district with its equipment, vehicles, and/or storage buildings. Generally, this means one commercial vehicle, one storage building for equipment and tools without any production or manufacturing activity, and no outdoor/visible storage of business equipment.
CONVENIENCE RETAIL ESTABLISHMENTA retail store or personal service shop, of 2,000 square feet or less in size (excluding the canopy over any gas pumps), with or without the sale of gasoline, and designed primarily to accommodate the needs of the immediate surrounding area, but excluding vehicle and equipment sales.
CURB CUTA ramp built into the curb of a sidewalk to ease passage to the street for vehicles, or a separate ramp for bicyclists, pedestrians with baby carriages, and physically disabled people.
DAY-CARE CENTER, ADULTA nonresidential facility which meets New York State requirements for certification intended to provide daily assistance and/or supervision to handicapped adults, the elderly or adults otherwise requiring assistance to perform activities associated with daily living.
DAY-CARE CENTER, CHILDA nonresidential facility intended to provide the daytime care and supervision of children for a period exceeding three hours and which meets New York State requirements for certification.
DESTINATION RESORTA self-contained development that provides visitor-oriented accommodations, developed recreation facilities and appropriate support services. Developed recreation facilities may include, but are not limited to, golf courses, tennis courts, swimming pools, ski runs, bicycle paths and similar facilities. Visitor-oriented accommodations include overnight lodging, restaurants, meeting facilities, entertainment venues, gaming casinos, and similar uses. A destination resort may contain residential dwelling units.
DRY-CLEANING, LAUNDRY PLANTAny dry-cleaning and/or laundry operations without on-site retail and with more than a combined total of 5,000 square feet floor space.
DWELLING UNITA building, or entirely self-contained portion thereof, containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boarding or rooming house, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home, recreational vehicle or other similar structures or vehicles shall not be deemed to constitute a dwelling unit.
DWELLING, MULTIPLEA building, or portion thereof, containing more than two dwelling units including apartment buildings, condominium units, mid-rise (three to six stories) dwelling projects, garden apartments, single-family residential conversions, row-houses, and townhouses.
DWELLING, ONE-FAMILYA detached building designed or occupied exclusively by one family and having two side yards, with at least 960 square feet of living area, erected on a permanent foundation, with/without basement, and equipped for year-round occupancy.
DWELLING, OWNER-OCCUPIED SECOND-STORYA dwelling unit located above a commercial space and occupied by the owner or commercial occupant of the building or, in the case of a condominium dwelling unit above a commercial space, the owner of such a condominium dwelling units.
EATING AND DRINKING PLACESAn establishment where food and drink are prepared, served, consumed and sold primarily within the principal building or its outdoor terrace or patio area. The term "restaurant" shall not include "restaurants, fast food" as defined herein. A bar or tavern that also serves food shall be considered an "eating and drinking place."
ELECTRONIC RECEPTION DEVICESAny exterior device designed to receive electronic signals, including satellite dishes, television antennas and similar devices.
FARMAny location where agriculture activities take place.
FARM ACCESSORY USE OR STRUCTUREA use or structure located on a farm that is clearly incidental and subordinate to the principal activity of agriculture located on the same lot and in the same ownership.
FARM EQUIPMENT SALES AND SERVICE OPERATIONSA use primarily engaged in the sale and rental of farm tools and implements such as feed, grain, tack, animal care products, farm and garden supplies and machinery, excluding large vehicles such as farm tractors or combines.
FARM STANDA structure whose principal use is the seasonal display and sale of agricultural products grown on the premises. A farm stand may also include a movable wagon or platform pulled by a truck or tractor and placed in proximity to a roadway to attract potential customers.
FARM, LIVESTOCKFarm with primary purpose to raise livestock to be processed for the production of farm products.
FARMERAny person, organization, entity, association, partnership, limited liability company, or corporation engaged in agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops, or the raising of livestock.
FLOATING DISTRICTA floating district is a zoning district that is added to the zoning law but that floats until an application is made to apply the new district to a certain parcel. Upon the approval of the application, the zoning map is amended to apply the floating district to that parcel of land.
GARAGE, PRIVATEAn enclosed space 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 space is not classed as living area when part of a dwelling. Detached garages for residences are accessory structures under the Town of Liberty Code.
GROSS SQUARE FOOTAGEThe sum square footage of the area of all floors of a building as measured from the exterior walls, plus the area of any deck structures without roof.
HABITABLE SPACESpace occupied by one or more persons for living sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed to be habitable space.
HEALTH INSTITUTIONAn establishment primarily engaged in providing services for human health maintenance or other temporary or permanent care including hospital facilities, nursing and adult homes, nursery schools, day-care centers and medical clinics and offices.
HOME OCCUPATIONAny use conducted entirely within a single-family dwelling or accessory building, and carried on by the inhabitants, which use is clearly incidental and secondary to the principal building and does not change its character. Home occupations may include but are not limited to medical and dental offices, other professional offices, custom dressmaking, or tailoring, artist or musician studios, foster family care (for not more than four children simultaneously), tutoring (for not more than five students at a time).
HORSE BOARDING OPERATIONA commercial horse boarding operation provides care, housing, health, related services and training to animals kept on the premises or on other properties owned or leased by the farm operation. Riding and training activities, not open to the general public, that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and uses for such activities, are part of the farm operation. Riding academies and horse racing operations are not deemed to be a horse boarding operation.
HOTELA lodging facility in which ingress and egress to and from at least some rooms is made through an inside lobby or office, supervised by a person in charge at all hours, with or without a dining room or restaurant, meeting rooms and/or recreational facilities. See also "lodging facility."
INDUSTRIAL PARKA tract of land providing for more than one industrial use, as designated under "light industrial," designed, maintained and operated as a unit in single ownership or control and sharing certain facilities in common, such as driveways, parking areas, drainage, utilities, and screening.
INNSee "lodging facility."
INSTITUTIONSCharitable, universally accessible, nonprofit or quasi-public uses including but not limited to places of worship, health facilities, schools, libraries, treatment center and the like.
INSTITUTIONS, RELIGIOUSA church, synagogue, or other place of religious worship, as well as a monastery or other place of religious retreat.
JUNKYARDAn area of land, with or without buildings, used for the storage, outside a completely enclosed building of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same (see Town of Liberty Junkyard Law, Chapter
93 of the Liberty Code).
KENNELAny enclosure, premises, building, structure, lot, or area, including kennels (as the word is commonly interpreted to mean), compounds and rescue or related facilities in which more than four dogs or six domesticated animals of at least six month of age are kept, harbored or maintained for commercial or noncommercial purposes for continuous periods of 72 hours or more.
LIGHT INDUSTRIALIndustrial uses such as manufacturing, processing and assemblage that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources, and in regard to ambient air quality, noise and light radiation.
LODGING FACILITYAny hotel, motel, inn, or other establishment providing sleeping accommodations for transient guests, with or without a dining room or restaurant, excluding bed-and-breakfast establishments.
LOTA designated parcel, tract, or area of land occupied, established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT AREAThe area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.
LOT CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT COVERAGEThe percentage of the plot or lot area covered by the building area and all impervious surfaces. Parking areas, regardless of how surfaced, shall be considered impervious.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT FLAGA lot located in such a position that it is to the rear of a lot fronting on the same street with or without a shared curb cut.
LOT LINESThe property lines bounding the lot:
A. LOT LINE FRONTThe line separating the lot from the street right-of-way. The front lot line shall be established 25 feet from the center line of the road where the right-of-way lines is unknown.
B. LOT LINE REARThe lot line opposite and most distant from the front lot line.
LOT, NONCONFORMINGAny district lot or combination of lots under single ownership at the date of adoption of this local law which does not conform to the minimum width, depth and area dimension specified for the district in which said lot is located.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the office of the County Clerk.
LOT WIDTHThe distance between the two side lot lines, measured at the edge of the highway right-of-way.
MACHINERYFarm, earth-moving and excavating equipment.
MANUFACTURED HOMEManufactured homes are built in a factory and installed on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. If built before the 1976 HUD Code, they are commonly called mobile homes.
MINERALAny naturally formed solid material of commercial value located on or below the surface of the earth. For purposes of this chapter, peat and topsoil shall be considered minerals.
MININGThe extraction or removal of minerals from the ground for sale or exchange or for commercial, industrial or municipal use. The definition shall not apply to:
A. The excavation or grading of an area necessary to prepare a site for construction in accordance with an approved building permit, site plan or subdivision plan, provided that the excavation takes place within the project site, does not involve the sale or exchange of mineral resources to off-site locations, and is an integral part of the involved project activities.
B. Excavations or grading undertaken to enhance the agricultural use of lands or to provide for structures or other improvements that benefit or are necessary for ongoing or imminent agricultural activities. This exemption applies only to excavations where the mineral removal and subsequent reclamation enhances the agricultural usability or productivity of the land.
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 parcel of land which has been planned and improved for the placement of three or more mobile homes which are used as dwellings and for occupancy of more than 90 consecutive days.
MOBILE HOME STANDA durable surface located on a mobile home lot which is capable of supporting and is used for the placement of a mobile home.
MODULAR HOMEA modular home is constructed of premade parts and unit modules. A complete kitchen and bath may be preset in the house. Wall panels, trusses, and other prefabricated house parts are transported on a flatbed truck from the factory to the building site. You may even see an entire half-house moving along the highway. At the building site, these house sections are lifted onto the foundation where they are permanently anchored. Unlike manufactured homes, modular homes must conform to the building codes for the locations where they are erected. Some housing subdivisions prohibit modular homes.
MOTELA lodging facility with individual entrances, from outside the building, to serve each guest unit. The term "motel" includes buildings designated as tourist courts, motor lodges, auto courts and similar appellations, but does not include boardinghouses. See also "lodging facility."
NURSERYA place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting.
NURSERY SCHOOLAny private school, accredited by the Education Department of the State of New York, designed to provide daytime care and instruction for not more than 75 children from two to six years of age, inclusive.
OFFICE, BUSINESS and PROFESSIONALA place or establishment used for the organizational or administrative aspects of a trade, or used in the conduct of a profession or business, and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices or salesmen/women, sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, accountants, real estate brokers and persons with similar occupations.
OFF-SITE (CENTRAL) WATER AND SEWERA sewage system or water supply system designed to serve more than one dwelling unit or building, whether such system(s) are publicly or privately provided.
ON-FARM MEAT PROCESSINGA structure for the slaughter and processing of animals and fowl for food as per NYS Agriculture and Markets Law Article 5-A.
OPEN SPACELand left in a natural state for conservation and agricultural purposes or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also mean land left in a natural state and devoted to active or passive recreation. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure except agricultural buildings.
OPEN SPACE, USABLEAn unenclosed portion of a lot that is not devoted to driveways or parking spaces and generally free of structures of any kind except for permitted accessory uses.
OUTDOOR STORAGE AREALand used for keeping of goods, wares, equipment, or supplies outside of a structure.
OVERLAY DISTRICTOverlay districts are imposed over existing zoning districts and contain provisions that are applicable in addition to those contained in the zoning law.
PERMITTED USEA specific main use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special use or accessory use shall be considered a prohibited use.
PET, HOUSEHOLDA small animal (generally under 150 pounds.) that is customarily kept for company or enjoyment and one that may be properly and safely kept within a dwelling unit or yard, unless otherwise regulated. "Household pets" shall include dogs, cats, pet rabbits, domestic tropical birds, rodents (gerbils, hamsters and guinea pigs) and reptiles and amphibians.
PLANNED UNIT DEVELOPMENTAn area of minimum contiguous size, as specified herein, to be planned and developed as a single entity containing one or more residential and/or commercial uses as specified herein.
PROPERTY OWNERS' ASSOCIATION (POA)A community or homeowners' association which is organized in a development in which individual owners or members share common interests in open space of facilities. A POA typically holds title to certain common property, enforces covenants and restrictions, and manages various aspects of the development. For purposes of this chapter, the term shall include time-sharing agreements, cooperative agreements, condominiums and similar vehicles of common ownership with approval, where required, from the New York State Attorney General's Office.
PUBLIC BUILDINGS AND USESStructures and uses operated by governmental agency (whether municipal, county, regional, state or federal) in the proper exercise of their jurisdiction.
RECREATIONAL VEHICLE/MOTOR HOMEA vehicle used for personal pleasure or personal travel and not in connection with any commercial endeavor. This definition includes, but is not limited to, campers, travel trailers, buses, camping trailers, pick-up trucks with slide-in campers, recreational vehicle homes and motor homes.
RESEARCH, DESIGN AND DEVELOPMENT LABORATORYA building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products.
RESTAURANTS, FAST FOODA business enterprise primarily engaged in the sale of quickly prepared food and beverages, selected by patrons from a limited line of prepared specialized items such as hamburgers, chicken, pizza, taco, ice cream and hot dogs, for take-out and/or on-premises consumption (in the latter case, where orders are placed at a counter as opposed to table service via wait staff, in a facility where the floor area available for dining is less than 1/2 of the gross floor area, and a major portion of the sales to the public is a drive-in or stand-up type counter. The term "fast food restaurant" shall not include bakeries, delicatessen, or similar types of retail establishments. See also "restaurant."
RETAIL AND SERVICE ESTABLISHMENTSStores and shops where goods and services are sold primarily at retail. Such sales are primarily made to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music and musical instruments; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; launderette/Laundromat and appliances; but excluding lumber yards, restaurants, and fast-food restaurants. Outside storage or display of goods for such is permitted only with site plan review by the Planning Board.
RETAIL OUTLET FOR ON-SITE INDUSTRIAL USEAn accessory retail use located within and as part of an industrial use where the bulk of the retail goods are manufactured on-site and the retail use is limited to 10% of the total floor area or 4,000 square feet or less.
RIDING STABLE AND ACADEMYA commercial establishment that offers riding lessons to the general public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.
SCHOOL, PRIVATEAn institution, not owned by a public agency, which offers to its students formal education and is chartered or certified by the Board of Regents of the State of New York.
SCHOOL, PUBLICAn institution under the jurisdiction of a school district or other public agency and legally constituted by the State of New York to offer free formal education to residents of the district.
SCREENINGThe blocking, shielding or concealment of views, vistas and noise through a proper and well designed scheme of planting trees, shrubs, hedges and vines or the installation of a fence approved by the Planning Board.
SENIOR CARE FACILITYA single- or multifamily dwelling, restricted to occupancy by persons of 62 years of age or older, where such residents are supported in the activities of daily living by trained staff.
SERVICES, ESSENTIALThe construction and maintenance of underground, surface or overhead electrical, gas, telephone, cable, water and sewage collection systems, and wireless communication for the support of emergency services, along with normal accessory activities.
SERVICES, PERSONALAn establishment primarily engaged in providing services involving the care of a personal or personal apparel, such as a beauty parlor, barber shop, health and fitness center, tailor, or custom cleaning services.
SHEDA small storage building with less than 140 square feet of floor space.
SHOOTING RANGE, OUTDOOR, PRIVATE OR COMMERCIALThe use of land for archery for the purposes of target practice or temporary competitions. Excluded from this use shall be general legal hunting and unstructured and nonrecurring discharging of firearms on private property.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements. All shopping centers are subject to special use/site plan review procedures and shall meet the requirements of §
147-20F.
SIGNAny billboard, signboard, inscription, pennant, or other material, structure, exterior painting, or device composed of lettered or pictorial material that is intended for outdoor viewing by the general public (including inside a window) and used as an advertisement, announcement, or direction.
SIGN AREAThe total area of each side of a sign within which all written and graphic material is contained.
SIGN, COMMERCIALA sign advertising a product, use, service, or activity sold or conducted for private financial gain
SIGN, FREESTANDINGA sign and sign support structure not attached to or part of a building.
SIGN, ILLUMINATEDA sign lighted by electricity, gas, or other artificial light, including reflective or phosphorescent light, paint, or tape.
SIGN, INTERIORA sign located within the exterior walls of a building which is readily readable from outside the building through a window, door, or other opening.
SIGN, PROJECTINGAny sign which extends from the exterior of any building more than nine inches.
SITE PLANThe development for one or more lots in on which is shown the existing and proposed conditions of the lot including topography, vegetation, drainage, floodplains, marches and waterways, open spaces, walkways, means of ingress and egress, utility service, landscaping, structures and signs, lighting and screening devices, and other information that reasonably may be required in order that an informed decision can be made by the approving authority.
SITE PLAN REVIEWThe process provided for in § 274(a) of the Town Law whereby the Town of Liberty Planning Board reviews and approves, disapproves or approves with conditions the establishment and certain uses and site plans connected therewith.
SPECIAL USEA special permit use subject to Planning Board approval pursuant to § 274(b) of the New York State Town Law and permitted in a particular zoning district only on showing that such use in a specified location will comply with all conditions and standards for the location or operation of such use as may be reasonably imposed according to the requirements of this chapter.
STABLE, COMMERCIALThe use of land or of a building for the keeping of horses for hire, remuneration or sale, including riding academies. Any stable involving the keeping of more than five horses shall be considered commercial whether operated for profit or not.
STORAGE CONTAINERA place to put belongings both for personal and business. A shipping container will only be considered for business.
STREETAny vehicular way improved to the standards of the Town of Liberty; shown on the official map of the Town of Liberty; existing as a village, Town, county or state highway; shown on an approved subdivision plat; or a street shown on a plat filed with the County Clerk prior to the Planning Board's authorization to review subdivisions.
STREET LINEThe dividing line between a lot and a street right-of-way.
SWIMMING POOLAny structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
TEMPORARY RESIDENCENonpermanent residence of less than five months' consecutive or 180 days' intermittent residence per year.
TRANSPORTATION FACILITYA facility at which buses, vans, limousines and other vehicles used for transportation of the public and students are staged, garaged, repaired and maintained and at which drivers/operators report to work.
TREE FARMA privately owned forest dedicated to producing renewable and sustainable crops of forest products while protecting the soil, water, range, aesthetic, recreation, wood, fish and wildlife resources. A certified tree farm must maintain standards set by the American Forest Foundation and is decertified if it fails to continue to meet the standards.
TRUCK TERMINALAn area or building where cargo is stored and where trucks load and unload cargo on a regular basis with or without truck maintenance and repair facilities.
USE, MIXEDA building or structure containing two or more uses as regulated within the NYS Building Code, none of which are primary uses and none of which are subordinate to the other. Residential structures containing home occupations are not mixed uses.
VEHICLEAny device on wheels, treads or runners, self-propelled or towed, including but not limited to automobiles, trucks, motorcycles, trailers of all types, all-terrain-vehicles (ATVs) and snowmobiles.
VEHICLE AND EQUIPMENT SALES AND SERVICEA building and/or area arranged, intended or designed to be used for the rental, lease, sale and/or resale of motor vehicles, new or used, including, but not limited to, boats or trailers; farm tractors or combines; or other equipment. A selection of motor vehicles, boats or trailers or other equipment may be displayed within a totally enclosed building but still others may require an outdoor area for their storage.
WAREHOUSEA building, or part of a building, for storing of goods, wares, and merchandise whether for the owner or for others, and whether it is a public or private warehouse.
WAREHOUSE, MINIA structure or group of structures for the dead storage of customers' goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one or more stalls of lockers have less than 500 square feet of floor area.
WILDLIFE PRESERVEA protected area of importance for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and to provide special opportunities for study and research. Wildlife preserves may only contain buildings, structures and roadways directly related to its purpose.
WORSHIP, PLACE OFA structure used for religious observances, such as churches and synagogues.
YARDAny open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein provided.
YARD, FRONTAn open space extending the full width of a lot, which lies between the required front setback line and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of a lot, which lies between the required rear setback line and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending the full width of a lot, which lies between the required side setback line and the nearest side lot line, unoccupied and unobstructed.