As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.
ACCESSORY STRUCTUREA structure, the use of which is incidental to that of the main building and which is attached thereto or is located on the same premises.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.
ADULT USESAny establishment or 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 bookstores, adult theaters and adult establishment cabarets. See §
280-38.
AGRICULTURAL OPERATIONThe production, storage, keeping, harvesting, grading, packaging, or processing for sale or lease of plants and animals useful to humans, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, and vegetables; and land devoted to a soil conservation program. See also "greenhouse," "nursery," and "forestry."
[Added 12-18-2019 by L.L. No. 8-2019]
ALLEYA public thoroughfare having a right-of-way width of 20 feet or less.
ALTERATIONAny change, rearrangement or addition to a building, other than repairs; any modification in construction or in building equipment.
APARTMENTS, UPPER STORYA residential unit located on the upper floor of a commercially zoned building where a street-level business occupies the first floor. See §
280-40.5.
AREA, BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps or decks.
ART GALLERYA place where works produced by an artist, as defined by this chapter, are displayed or sold.
ARTISANOne who is skilled in an applied art; a craftsman.
ARTISTOne whose works are subject to aesthetic criteria; an individual who practices one of the fine arts, who works in one of the performing arts or whose trade or profession requires a knowledge of design, drawing, painting, etc.
ARTIST LOFTThe work space of an artist that includes an accessory residential space intended only for the artist utilizing the work space.
ARTIST STUDIOThe work space of an artist in which art is produced.
ASSISTED LIVINGAn entity which provides housing, on-site monitoring and personal care services to five or more adult residents unrelated to the assisted living provider, as regulated by §
280-40.3.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ATTICThat space of a building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
BASEMENTThat space of a building that is partially below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. A basement shall be considered in determining the permissible number of stories in a building.
BED-AND-BREAKFASTAn owner occupied home occupation involving the rental of no more than six bedrooms as transient overnight accommodations, which may include a morning meal but no full service restaurant facilities. Guest occupancy periods shall not exceed 14 consecutive days.
BLOCKThe length of a street between two street intersections. Where street intersections are at intervals greater than 1,200 feet, 1,200 feet shall be considered the length of a block for purposes of this chapter.
BUILDINGAny structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING LINELine established by law, ordinance or regulation beyond which no part of a building, other that parts expressly permitted, shall extend.
BULKThe size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open space required in connection with a building, other structure or tract of land.
BUNGALOW COLONYA group of three or more dwelling structures on a single premises, designed for seasonal occupancy and not more than one of which is used for the purpose of year-round residence. See §
280-17.
CAR WASHAn establishment for the washing and detailing of motor vehicles as a principal use.
CELLARThat space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CEMETERYA place used for burials, whether in the ground or in mausoleums. This includes both human and pet cemeteries.
CHURCHSee "places of worship."
[Added 12-18-2019 by L.L. No. 8-2019]
CLUBHOUSEA building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other place of business.
COLLEGEAn educational institution authorized by the state to award associate, baccalaureate, or higher degrees. See also "school."
[Added 12-18-2019 by L.L. No. 8-2019]
COMMERCIAL RECREATIONFacilities or equipment, exclusive of government facilities, for purposes of participant or spectator recreation or entertainment and utilized by the public for a fee. Examples include, but are not limited to, arcades, cinemas, theaters, amusement parks, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller rinks, golf courses, driving ranges, miniature golf courses, and tennis/racquetball courts.
CONDOMINIUMThe form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit and meeting the requirements of New York State statute.
CONDOMINIUM PROPERTYThe land covered by the master deed, whether or not contiguous, and all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof.
CORNER LOTA lot fronting on two streets at their intersection.
COURT, INNERAn open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises.
COURT, OUTERAn open, uncovered, unoccupied space which has at least one side opening on a legal open space.
COVERAGEThat lot area or percentage of lot area covered by buildings and structures, including accessory buildings and structures.
DAY-CARE CENTERA facility licensed by the New York State Department of Social Services pursuant to § 390 of the Social Services Law. A day-care center shall not include any of the following: a day camp; an after-school program operated for the primary purpose of religious education; or a facility operated by a public school district.
[Added 12-18-2019 by L.L. No. 8-2019]
DENSITYThe number of dwelling units per acre of the site, exclusive of underwater lands, wetlands, rights-of-way, easements or slopes exceeding 20%.
DEPTH OF FRONTAGEDistance from front property line to the district boundary line at the rear.
DISTRIBUTION CENTERAn area and building where trucks load and unload cargo and freight, and where the cargo and freight may be transferred to other vehicles or modes of transportation. Storage facilities such as warehouses, incidental to the principal use, may also be part of a distribution center.
[Added 12-18-2019 by L.L. No. 8-2019]
DWELLING, MULTIFAMILY or MULTIPLE DWELLING[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. A building containing three or more dwellings;
B. A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by tenants; or
C. A community residence/group care facility.
DWELLING, SEMIDETACHEDA dwelling designed for occupancy by one family and being one of two dwelling units under the same roof, separated by a party wall and having separate exits and entrances and no interior connection.
DWELLING UNITOne or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
FAMILYOne or more persons living together as a single nonprofit housekeeping unit using all rooms and housekeeping facilities of a dwelling unit in common. Any such number of persons shall not be deemed to constitute a family if any one or more of such persons does not have lawful access to common rooms of said dwelling unit or if any one or more such persons leases or rents any separate portion of such dwelling unit from any other person, except that up to two additional persons may room or board with a family as long as they share the use of all common rooms and housekeeping facilities.
FLEX SPACEA building providing its occupants the flexibility of utilizing the space, such as a configuration allowing a changeable amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc.
[Added 12-18-2019 by L.L. No. 8-2019]
FORESTRYThe operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or the performing of forest services.
[Added 12-18-2019 by L.L. No. 8-2019]
FRONT YARDUnoccupied ground area, open to the sky, lying within and extending the full width of the lot between street right-of-way bounds and the principal building located on the lot.
FUNERAL HOMEA facility in which deceased are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for preparation of the deceased, funeral services, gatherings and display and storage for sale of related funeral supplies and equipment, and storage of funeral vehicles. Crematory facilities are excluded from this definition.
GARAGE, PRIVATEAn accessory space or structure for the storage of motor vehicles, provided that no business occupation or service is conducted therein. Not more than one commercial vehicle, used in the employment of a person residing on the premises, shall be permitted to be stored therein.
GARAGE, PUBLICA garage conducted as a business. The rental of storage space for more than two cars or for a commercial vehicle not owned or used by a person residing on the premises shall be deemed a business use.
GASOLINE FILLING STATIONAny area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil and other fuel for the propulsion of motor vehicles. A gasoline filling station may contain a convenience retail store as an accessory use. See also "gasoline service stations" and "motor vehicle repair shop."
[Added 12-18-2019 by L.L. No. 8-2019]
GASOLINE SERVICE STATIONSAn area of land, including structures thereon, or any building or part thereof, that is used primarily for the sale and direct delivery to motor vehicles of gasoline or any other motor vehicle fuel or oil and other lubricating substances, including sale of motor vehicle accessories, and which may or may not include facilities for lubricating, or otherwise servicing motor vehicles, but not including auto bodywork, welding or painting.
GREENHOUSEA building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale or for personal enjoyment.
[Added 12-18-2019 by L.L. No. 8-2019]
GROUP CARE FACILITYA use providing room and board, recreational, counseling or other rehabilitative service or facilities to individuals who, by reason of economic, mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. Individuals participating in a work release or similar program from a state institution or under the supervision of a court, state or local agency shall be included within this definition. Such uses include halfway houses, boarding homes for three or more foster children, group homes and shelters.
HABITABLE ROOMSpace for living, sleeping, eating or cooking as defined by Chapter
165, Housing Standards.
HEIGHT OF BUILDINGThe vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building, exclusive of chimneys, antennas and similar fixtures.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling by its residents, as regulated by §
280-36.
HOSPITALAn institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities and staff offices.
HOTELA building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms. Guest occupancy periods shall not exceed 45 consecutive days.
JUNKYARDAn area of land, with or without buildings, used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken-down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a junkyard.
LABORATORYA building or part of a building devoted to the testing and analysis of any products or biological samples. No manufacturing is conducted on the premises, except for experimental or testing purposes.
[Added 12-18-2019 by L.L. No. 8-2019]
LIBRARYA place containing books, newspapers, periodicals, and/or audiovisual materials for reading, viewing, study, and research.
[Added 12-18-2019 by L.L. No. 8-2019]
LIGHT MANUFACTURINGManufacturing activity where all processing, fabricating, assembly, or disassembly of items takes place wholly within an enclosed building, utilizing materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot or lighting to a degree that is offensive when measured at the property line of subject property. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, fashion accessories and jewelry, household items and decor, instruments, consumer electronics, medical equipment, and pharmaceutical and cosmetic products.
[Added 12-18-2019 by L.L. No. 8-2019]
LIVESTOCKAnimals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.
[Added 12-18-2019 by L.L. No. 8-2019]
LOTA parcel of land occupied by or which may be occupied by a building and its accessory building or buildings, including the yards and other open spaces required by this chapter, or the land shown as a separate lot or parcel on the records of Sullivan County or the Village of Monticello.
LOT DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT WIDTHThe distance between side lot lines measured at the required minimum yard depth or at a point of the principal structure closest to the front line measured along a line parallel to a line connecting the end points of the front line.
MANUFACTURING AND PROCESSINGAny business establishment which utilizes a process whereby the nature, size or shape of articles or raw materials is changed, or where articles or raw materials are assembled or packed in quantity.
MIXED-USE DEVELOPMENTA mixed-use development (MUD) is a unified project, with a minimum gross lot area of 10 acres, and is permitted as a special use in the East Broadway Village and Gateway Districts (EBV and EBG), and is designed in accordance with the special permit design standards of this chapter, the site plan review standards of Chapter
265, and the subdivision standards of Chapter
270 of this Code. The developed portion of a MUD consists of a mix of residential uses, including one-family and two-family dwellings, and compatible commercial, office and service uses. Any nonresidential use permitted in the EBV and EBG Districts, which is scaled to serve the day-to-day needs of the MUD residents as well as the larger community, may be included in a MUD. It is designed to encourage walking, reduce automobile trips, and prevent commercial strip development. A MUD permits flexibility of design and layout to protect environmental resources and create attractive places for people to work, live, and congregate. A minimum of 30% and a maximum of 45% of the total floor area of all buildings in any MUD shall be devoted to nonresidential uses.
[Added 12-18-2019 by L.L. No. 8-2019]
MOBILE HOMEA factory-built, one-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be at least 14 feet wide and 70 feet long and shall meet the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and applicable standards of the New York State Building Code. A mobile home shall not be construed to be a travel trailer or recreational vehicle.
MOBILE HOME, DOUBLE-WIDEA factory-built, one-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be at least 20 feet wide and 50 feet long, shall have roofs of asphalt composition with a minimum pitch three vertical to 12 horizontal and shall meet the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and applicable standards of the New York State Uniform Fire Prevention and Building Code. A double-wide mobile home shall not be construed to be a modular home, a travel trailer or a recreational vehicle.
MOBILE HOME PARKAn area of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient dwelling purposes. See Article
V.
MODULAR HOMEA factory-built dwelling without a chassis or running gear, constructed and installed in accordance with the regulations of the New York State Building Code.
MOTELA multiple dwelling intended primarily for motorists, not over two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior.
MOTOR VEHICLE REPAIR SHOPA building used for the servicing and repair of motor vehicles, including bodywork, oil changes, tire alignments; such repair work shall be wholly within a completely enclosed building.
MUSEUMA building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.
[Added 12-18-2019 by L.L. No. 8-2019]
NONCONFORMING BULKThat part of a building, other structure or tract of land lawfully existing prior to the adoption or amendment of this chapter which does not conform to one or more of the applicable bulk regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.
NONCONFORMING USEAny use of a building, other structure or tract of land lawfully existing prior to the adoption or amendment of this chapter which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendments thereto.
NURSERYThe growing, cultivation, storage and sale of garden plants, flowers, trees, shrubs and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.
[Added 12-18-2019 by L.L. No. 8-2019]
NURSING HOMEA home for the aged, where chronically ill or incurable persons are received, kept or provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICEA building wherein business sales, service and professional activities are conducted, which activities may include but are not limited to administrative and executive functions, such as accountants, insurance agents, attorneys, medical professionals, medical and dental clinics, and engineers, but shall exclude any retail stores, manufacturing and processing.
OUTDOOR STORAGEOutside storage and display of merchandise, materials or equipment for a period exceeding 72 hours per quarter of a calendar year.
PERFORMING ARTSPerforming arts include artists, dance instructors and musicians.
PLACE OF WORSHIPA building or structure intended primarily for the conduct of organized or regularly scheduled religious assembly.
[Added 12-18-2019 by L.L. No. 8-2019]
POULTRYIncludes, but is not limited to, domesticated fowls, such as chickens, ducks, geese, turkeys, pigeons, guinea hens and pheasants, raised in confinement.
[Added 12-18-2019 by L.L. No. 8-2019]
PREMISESA lot, together with all the buildings and uses thereon.
PUBLIC UTILITY FACILITIESUses including electrical distribution lines, poles, wires, transformers; utilities including waterlines, sewer lines, public pumping stations; electrical substations, telephone lines and related equipment.
PUBLIC RECREATIONAL FACILITYA protected area in public ownership that is set aside for recreation and enjoyment. It may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas and/or bath facilities. "Recreational facility" shall not include commercial recreation facilities.
[Added 12-18-2019 by L.L. No. 8-2019]
REAR YARDAn open space on the same lot with a building, between the rear wall of the building and the rear of the lot, and unoccupied except for accessory buildings and open porches which, in the aggregate, shall occupy not more than 35% of the area.
RESEARCH FACILITYA facility which conducts studies and investigations in a particular field of knowledge, which is undertaken to establish facts or principles.
RETAIL STOREA use devoted exclusively to the sale of goods directly to the consumer.
SCHOOLA place for systematic instruction in any branch or branches of knowledge.
[Added 12-18-2019 by L.L. No. 8-2019]
SEASONAL OCCUPANCYOccupancy for a period not exceeding six months in any calendar year during the time period between the first day of May and the first day of November of each year.
SEMIFIREPROOF CONSTRUCTIONConstruction in which the structural members are of approved noncombustible construction having the necessary strength and stability and having fire-resistance ratings of not less than four hours for exterior nonbearing walls and wall panels, not less than three hours for columns and for wall-supporting girders and trusses, not less than two hours for floors, for roofs and for floor and supporting beams, girders and trusses, and in which exterior and interior bearing walls, if any, are of approved masonry or reinforced concrete.
SERVICE STOREAn establishment which provides work done or duties performed for humans and others, such as a barbershop, beauty parlor, tailor, dressmaker, or shoe repair, including maintenance, installation, repairs, etc., that are provided by a dealer, excluding vehicle and small engine repair.
SIDE YARDAn open, unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front to the rear yard, into which space there shall be no extension of building parts other than eaves with an overhang of not more than two feet, rainwater leaders, windowsills and other such fixtures, open steps for a distance not exceeding four feet, and bay windows not more than 12 feet wide at one floor level only and for a distance not exceeding two feet.
SIGNIncludes every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, model, emblem, object, three-dimensional object, logo or trading matter which is used or intended to be used to attract attention or convey information when placed outdoors in view of the general public; in addition, any of the above shall be considered a sign within the meaning of this chapter when placed near the inside surface of a window in such a way as to be used to convey information to the public. See §
280-19.
STORAGE, MINI/SELFA public facility for the storage of household and business belongings in separate, individual, secure departments.
STORYThat part of a building included between the surface of any floor and the surface of the floor next above it. (See "attic," "basement" and "cellar.")
STREETAn existing public way which affords principal means of access to abutting properties and is suitably improved, or a proposed way shown on a plat approved by all appropriate official agencies.
STREET LINEThe right-of-way line of a street indicated by dedication or by deed of record.
STREET WIDTHThe width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTUREAn assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
TOWNHOUSESA row of attached dwellings designed for one-family occupancy, separated by party walls and having separate exits and entrances and no interior connection, not to exceed eight dwellings in a row.
TRAILER or CAMPING TRAILERA vehicle, with or without its own motive power, equipped for or used for living purposes and mounted on wheels or designed to be so mounted and transported, not including mobile homes.
USABLE OPEN SPACEA portion of the ground area of a lot, free of structures, parking spaces and driveways. Said space shall be available and accessible to all occupants of the building or buildings on the lot for recreational purposes.
VETERINARY HOSPITALA facility maintained by or for the use of a licensed veterinarian for the care, observation and/or treatment of animals. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
WAREHOUSEA building or structure utilized for the storage of various goods, including but not limited to equipment, food products, furniture, vehicles, appliances, clothing, wood products and related items, but not including materials classified as hazardous in the Fire Code of New York State.