A secondary dwelling unit, including kitchen facilities, located within or attached to a single-family dwelling, for occupancy by a maximum of two persons, one of whom must be a member of the immediate family (related by blood, marriage, or adoption) of the owner or resident of the principal dwelling. The secondary unit must contain a minimum floor area of 400 square feet, but cannot exceed 30% of the total square footage of the principal dwelling. The secondary unit must have internal access to the principal dwelling and meet all applicable building and other codes. The building must maintain the appearance of a single-family dwelling, and have only one set of utility services.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

An establishment where, for any form of consideration, one or more still or motion picture projectors, slides projectors, or similar machines, or other image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A business that derives 25% or more of its gross income from the sale, or rental of, or utilizes 25% or more of its retail selling area for books, magazines, periodicals, films, motion pictures, videocassettes, slides, compact discs and/or computer generation or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or in a state of nudity or semi-nudity; or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A business where an adult male or female exposes parts of their body identified in specified anatomical areas.

A hotel, motel or similar business that offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or offers a sleeping room for rent for a period of time less than 10 hours; or allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.

An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observations by patrons therein.

A business which derives 25% or more of its gross income from the sale, or rental of, or utilizes 25% or more of its retail selling area for any form of consideration, instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomachistic use or abuse of themselves or others.

Any business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, including but not limited to adult arcades, adult bookstores or video stores, adult cabarets, adult live entertainment, adult motels, adult motion-picture theaters, adult novelty stores, and massage establishments.

As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include, but not be limited to, radio-navigation, radio, television, wireless, and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.

The total area within the property lines of a project excluding external streets.

That portion of a building that is partly or completely below grade.

An owner-occupied, single-family dwelling providing sleeping accommodations and a meal in the forenoon of the day, on a temporary basis and for compensation.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

The written authorization from the Code Enforcement Officer required before commencing construction or other improvement, removal, relocation or demolition of any building or structure and before the installation of heating equipment or wood burning devices. A permit gives approval for the construction or use, subject to the conditions set forth in § 235-23 of this chapter.

A structure or piece of equipment that serves the principal use; is subordinate in extent and purpose to the principal use; and is located on the same lot as the principal use. Examples of such buildings include pole barns and storage sheds.

The line created by the face of the building (as extended to the side boundary lines) nearest the front line of the lot. This face includes sun parlors, porches, and decks, whether enclosed or unenclosed but does not include steps.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

A building in which is conducted the main or principal use of the lot on which said building is situated.

A facility occupied as a temporary or permanent residence by three or more persons, and designed primarily as housing for persons in need of care or supervision for reasons of chronic illness, handicap, age, senility, or convalescence. Facilities shall include, for example, nursing homes, rest homes, homes for prenatal care, and convalescent homes, but shall exclude medical care facilities.

Land, place, structure, facility, building or any portion thereof improved and maintained for the interment of human remains and may include interment structures, such as mausoleums, administrative and maintenance structures and facilities for conducting funeral services, but excludes facilities for the cremation of human remains.

A written statement from the Code Enforcement Officer or other properly authorized person that the construction or use proposed under the same numbered permit, is completed and complies with the existing regulations of the Zoning Local Law. A certificate of occupancy serves as authorization to occupy the facility. A certificate of compliance confirms that the improvements meet all conditions of the permit.

A structure (including a synagogue, mosque, or temple) used for worship or religious instruction, together with social and administrative rooms accessory thereto.

A person employed by the Town of Marcellus to enforce the provisions of this chapter and the Uniform Code.[1] May also be referred to as "Zoning Officer."

A use that would provide opportunities for agricultural enterprises located in the Town to retail their products directly to consumers. Agricultural products grown or otherwise produced by the owner must constitute a substantial portion of all items sold. The sale of other related items of an agricultural or country nature is permitted to attract customers and promote the sale of the owner's agricultural products. Such related items include produce, plants, lawn and garden supplies, pet food, baked goods, ice cream, clothing items promoting the store, and the like. Prohibited sales include vehicles, petroleum products, hardware, tobacco products, beer and liquor, nonpromotional clothing, furniture, sporting goods, farm or garden machinery, and other items not related to and designed to promote the agricultural nature of the establishment.

A facility offering care for three or more children in other than a residential dwelling, for more than three hours per day, but not more than 24 hours per day.

The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a person, customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

A building designed or used exclusively as the living quarters for one or more families.

See "floor area."

A dwelling or portion thereof providing complete living facilities for one family.

A building used or designed as a residence for three or more families living independently of each other.

A detached building designed for or occupied exclusively by one family.

A building designed for or occupied exclusively by two families living independently of each other.

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club fraternity or hotel.

Consistent with § 390 of NYS Social Services Law, a program caring for three to six children in a residential dwelling, for more than three hours per day, but not more than 24 hours per day. Such program may include an additional one or two school-age children if those children receive care outside school hours.

Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry and/or dairy products. It includes necessary farm structures within the prescribed limits, and storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

Natural or man-made body of water, the primary purpose of which is agriculture.

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.

The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of exterior walls excluding attic space with less than seven feet of headroom, basements, garages, terraces, breezeways, and parking ports.

A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per family housed in the building to which such a garage is accessory, whichever is greater.

Any garage other than a private garage, available to the public, which may be operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

Consistent with § 390 of NYS Social Services Law, a program caring for seven to 12 children in a residential dwelling, for more than three hours per day, but not more than 24 hours per day. Care may also be provided for up to four additional school-age children outside school hours.

An accessory use of a character customarily conducted within a dwelling by the resident(s), which is clearly secondary to the residential use of the dwelling, and does not change the residential character of the dwelling or have any exterior evidence of such secondary use, except signs as permitted by this chapter.

A building or group of buildings containing rooms that is to be used, rented, or hired out to be occupied as temporary lodging for sleeping purposes. Kitchens, dining rooms, meeting rooms, and other facilities intended for the accommodation of its patrons may be provided within the building or in an accessory building. A bed-and-breakfast is not considered a hotel.

One or more structures used for the harboring of more than three dogs that are more than six months old for commercial purposes.

Land occupied or capable of being occupied by a building and its accessory buildings, together with such open spaces as are required, created in compliance with Town ordinances and local laws, having not less than the minimum area, width, depth and all other requirements for the zoning district in which said land is located, as set forth in the Zoning Law, and in compliance with all other applicable laws, rules and regulations.

That percentage of the lot covered by the area of all buildings and structures.

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

Any line dividing one lot from another.

The width of a lot measured along the street line.

A parcel of land at the junction of and fronting on two or more intersecting streets or proposed public rights-of-way.

A lot other than a corner lot.

An interior lot having frontage on two parallel or approximately parallel streets.

A method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas.

Any business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include the profession of massage therapy by persons licensed or authorized pursuant to Article 155 of the NYS Education Law, nor to those persons specifically exempt from Article 155 of the NYS Education Law.

A facility where medical care is offered to persons on an inpatient or outpatient basis by one or more licensed members of the medical profession, including hospital, clinic, physicians' office, but not including home occupations, or nursing and convalescent homes (see "care home").

A structure, transportable in one or more sections, that is built on a chassis, and is designed for residential occupancy, and provided with mechanical systems, such as plumbing, heating, electrical, and refrigeration equipment. It may be on wheels or a permanent foundation, but excludes travel trailers, motor homes, camping trailers, and other forms of recreational vehicles.

A lot on which two or more mobile homes are located.

Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

Any solid, semisolid, liquid, semi-liquid or gaseous material used in the exploration or extraction of natural gas.

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.

The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or petroleum.

Any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.

Music event, open to the general public and/or for compensation, conducted outdoors and consisting of amplified music or music made with three or more instruments, including voices.

The use of land for the outdoor storage of equipment, materials, supplies, vehicles, or merchandise. Such uses include, by illustration, lumber, building supplies, equipment, automobiles, and contractors' storage, but exclude junkyards, waste, or scrap products.

An off-street space used for the temporary parking of one licensed motor vehicle, not including access driveway, and having direct access to a public street.

An individual or group of individuals, corporation, association, partnership, or other entity.

A recreation use or facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities within an enclosed building. Examples include gymnasiums and exercise/fitness centers, community centers, tennis or other racquet courts, bowling alleys, indoor soccer facilities, team sports arenas, racquetball and tennis clubs, ice- and roller-skating rinks, swimming pools, curling centers, billiard parlors, and firearms ranges, but not including amusement rides or regular live entertainment.

A recreation use or facility designed and equipped for the conduct of sports, amusement or leisure-time activities and other customary recreational activities outside of an enclosed building. Examples include team sports playing fields, including stadiums and arenas, golf courses and driving ranges, miniature golf, batting and pitching cages, hard or soft courts, skateboard parks, motorized vehicle racing, pony rides, firearms and archery ranges, swimming pools, water slides, ice rinks, and amusement parks.

A recreation use or facility not owned or operated by a public agency.

A recreation use or facility owned or operated by a public agency.

See "street."

An occupation that is carried on in a dwelling unit or on a property where a dwelling unit exists, provided that the occupation is carried on by the resident owner of the property or a resident member of the owner's immediate family. A "rural occupation" must clearly be incidental or accessory to the principal use of the property, and may include mechanical and/or repair work, engine repairs, appliance repair, stands for the sale of baked goods, home crafts or nursery merchandise, small-scale off-site construction, driveway installation or repairs, landscaping, delivery services, beauty parlors, and small low-intensity businesses of a similar nature. A "rural occupation" shall not include restaurants, parking lots, drive-in retail fuel stations, outdoor storage of inoperative motorized equipment, or other high-intensity businesses of a similar nature.

A flat pitched roof extending to a header on posts with no walls.

A use that is deemed allowable within a given zone, but which is potentially incompatible with other uses, and therefore, is subject to special standards and conditions set forth for such use subject to approval by the Zoning Board of Appeals.

A complete truck used for storage of materials, supplies or tools, or a van type of trailer such as is usually towed by a tractor. It may be mounted on wheels or skids and is not intended for habitation.

That portion of a building not greater than 12 feet from the floor surface to the top of the truss wall or rafter carrying wall.

A public right-of-way for vehicular traffic that is publicly owned, open to the general public, and has been accepted by the Town. The term includes designations such as highway, parkway, road, avenue, boulevard, lane, place, drive, alley, and other variations.

The common boundary of a street right-of-way, as distinguished from the pavement, and the front property line of a parcel.

A combination of materials, including a building as defined herein, to form a construction that is safe and stable and includes among other things, decks, sheds, fences, swimming pools, display signs, radio towers, satellite dishes over three feet in diameter and windmills.

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.

A structure on which transmitting and/or receiving antenna(s) are located.

A vehicle designed to be towed for the purpose of transporting goods, wares, or merchandise.

New York State Uniform Fire Prevention and Building Code effective January 1, 1984, and as subsequently revised and/or amended.[2]

The specific purpose, for which land, building, or other structure is designed, intended, arranged, utilized, or maintained.

See "accessory use."

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front 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. Porches and decks, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the center line of the alley if there be an alley, and the rear line of the building.

An open unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot and if no rear yard is required the rear boundary of the side yard shall be the rear line of the lot.

The written authorization from the Code Enforcement Officer, other than a building permit, that the construction or use proposed is in accord with the regulations of the Zoning Law. A permit gives approval for the construction or use, subject to conditions set forth in § 235-23 of this chapter.