[Amended 4-12-1999 by L.L. No. 1-1999; 4-12-2004 by L.L. No. 1-2004; 8-9-2021 by L.L. No. 4-2021]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESS ROADA private roadway traversing over a lot of record which contains two or more differently zoned areas. Upon approval by the Planning Board, it shall be lawful for the owner to maintain an access road over the more strictly zoned portion of said lot of record solely to allow access by the general public for a permitted or specially permitted uses lawfully maintained in the less strictly zone areas.
ACCESSIONA physical modification of an existing parcel of property, either by the increase of land by natural accretion or, when used in reference to buildings, an addition to the parcel requiring construction of a new, separate, complete and detached building.
ACCESSORY BUILDINGA prefabricated or erect building, including tree houses, of a size no greater than 10 feet by 12 feet which may or may not be used for the storage of tools, materials, including lawn mowers, snow plows, and other equipment used in the general upkeep in the home and property and not intended to be used in a business or commercial manner. (See §
160-89)
ACCESSORY USEA use customarily incidental and subordinate to the principal use and located on the same lot with such principal use of building.
ADDITIONA structural change to an existing use or building which is physically jointed to, and made a part of, the preexisting use or building, including but not limited to an attached garage and decks.
ADULT USESA. ADULT BOOKSTOREAn establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by persons therein.
B. ADULT MOTION-PICTURE THEATERAn enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by person therein.
C. (1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
D. (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
E. EXOTIC CABARETSAn establishment which caters to the general public which, as a form of entertainment, provides semiclad dancers of either gender which expose the specified anatomical areas as set forth above. Exotic cabarets include the type of establishment which may require obtaining a liquor license in the State of New York, i.e., "topless bars." However, the fact that a license may not be required from the State of New York Liquor Authority (for example, when alcoholic beverages are not sold on said premises) does not disqualify an establishment from being an exotic cabaret.
AGRICULTURALThe raising of fruits, vegetables and the like, and structures incidental thereto, including the raising or keeping of domestic farm animals, excluding kennels and veterinary clinics. (Does not include growing of fruit or gardens for personal on-site consumption.)
AGRICULTURAL USEThe land and on-farm buildings, equipment, manure processing production and handling facilities and processing and handling facilities which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse-boarding operation, a timber operation, compost, mulch or other biomass crops, and commercial equine operation.
AIRBNB AND SIMILAR WEBSITESAn example of a company, an online community marketplace and hospitality service, that operates as an online marketing and hospitality service which is accessible on websites or subscription apps. The service connects people looking to rent living space in their homes or property with people who are looking for accommodations on a temporary basis. This definition excludes a bed-and-breakfast, boarding or tourist home.
ALLEYA public thoroughfare having a right-of-way width of 20 feet or less, regardless of how named.
ALTERATION OF BUILDINGAny change in supporting members of a building except such changes as may be required for its safety, any addition to a building, any change in use from one district classification to another. To change or rearrange the exterior architectural features, or the facilities, or the moving of a building from one location to another.
ALTERNATE MEMBERAn individual appointed by the Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
AMUSEMENT CENTERAny indoor place or enclosure in which is maintained or operated for the amusement, patronage, or recreation of the public any coin- or token-controlled amusement device of any description, excluding jukeboxes.
AMUSEMENT DEVICEA coin- or token-operated device primarily for the entertainment of the customer, the use of which results in an electronic or mechanical display and/or operation, and particularly but not by way of limitation the type commonly known as "baseball, football and pinball amusement games," "video games" and "coin-operated bowling machines," but excluding jukeboxes.
APARTMENTA building or portion thereof arranged, intended or designed for or containing both dwelling units and individual guest rooms or suites of rooms, not primarily for transients.
ASSISTED LIVINGHousing for elderly or disabled people that provides nursing care, housekeeping and prepared meals as needed.
AUTOMOBILE OR TRAILER SALES AREAAn area, whether open or enclosed, other than a street or public placed used for the display, barter, purchase, sale or rental of new or used motor vehicles, trailers, travel trailers or watercraft, and where no repair work is done, except for minor incidental repair of the vehicles to be displayed, sold or rented on the premises.
AUTOMOBILES OR TRAILER SALES AND SERVICE AREAAn area, whether open or enclosed, other than a street or public place used for the display, barter, purchase, sale or rental of new or used motor vehicles, trailers, or watercraft, where repair work is done.
BASEMENTThat habitable space of a building that is partly below grade and which is more than 1/2 its height on average, measured from floor to ceiling, above the finished grade of the ground around the building. A basement shall be counted as 1/2 story in determining building height.
BED-AND-BREAKFAST/BOARDINGHOUSEA dwelling occupied by one family with three to eight boarders or roomers in the same household and who are lodged with or without meals and in which services provided are incidental to its use as a temporary residence for part of the occupants. A rooming house and bed-and-breakfast shall be deemed a boardinghouse as are fraternities, and sororities when the owner resides in said dwelling.
BLOCKThe length of a street between two street intersections.
BOAT LAUNCHA public or private facility used by individuals for launching and temporary mooring for watercraft.
BUFFER AREAAn area bordering the zoning district boundary between two differently designated districts and/or designated by the Planning Board as a buffer area. Such area shall be reserved for plantings, fencing or other similar screening devices which are dense enough and high enough to be a visual buffer between properties and designed to be for the purpose of creating a transition area wherein adjoining uses and do not detract from each other. When the buffer area exists between residential and nonresidential districts, such a buffer area shall be located within the required side or rear yards of the adjoining nonresidential district. Where this is impracticable, a portion of the adjoining residential district may be so designated, but only with the concurrence of the property owner of said residential portion. Responsibility of the maintenance of buffer areas will be stated in the site plan.
BUILDINGAny structure having a roof supported by columns, or by walls, and intended for shelter, housing, protection or enclosure of persons, animals or property.
BUILDING AREATotal of areas taken on a horizontal plain at the main finished grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING FRONT LINEThe line parallel to the front lot line which transects that point in the building face which is closest to the front lot line. This building face includes porches but does not include steps.
BUILDING HEIGHTThe vertical distance measured from the average ground level at that sides of the building to the extreme high point of the building, exclusive of chimneys and similar features.
BUILDING INSPECTORFor the purpose of this chapter, the terms "Building Inspector," "Enforcement Officer," And "Zoning Enforcement Officer" shall be considered as synonymous.
BUSINESS OFFICEThe use of a building or facility to conduct a business primarily of a service character which is administrative, clerical, and/or necessary for the transaction of commerce, to include but not limited to real estate appraisal, brokerage and sales, insurance brokerage and sales, financial planning, investigation, newspaper or magazine office and/or the administrative/clerical function of any other commercial activity which is conducted at a separate location, but excluding retail sales and service, retail store, manufacturing or repairing, and which conforms to the additional conditions.
CAMPLand upon which a cabin, shelter, or other accommodations for seasonal or temporary living purposes are located, excluding mobile homes, travel trailers and motor homes but including tents.
CAMPGROUNDLand upon which two or more cabins, shelters, houseboats or other accommodations for seasonal or temporary living purposes are located, excluding mobile homes, travel trailers or motor homes but including tents.
CAMPSITE AREALand upon which two or more travel trailers, motor homes, tents or campers are located for temporary short-term residence only and not for more than six months in any one calendar year.
CAMPSITESLand upon which one travel trailer, motor home, tent or camper is located for temporary short-term residence only and not for more than six months in any calendar year.
CAR WASHA building containing equipment for washing cars or other vehicles automatically.
CARGO SHIPPING CONTAINERSA portable enclosed receptacle designed and used for the storage and/or shipment of goods, merchandise, material and/or equipment. For the purposes of this chapter, the trailer portion of a tractor trailer shall be considered a cargo shipping container when expressly used for the purpose of on-site storage. (A pod or similar commercial container, for an immediate use in moving or relocating, is exempt).
CARPORTA roofed structure, with or without closing walls, with at least two open sides, used for the storage of one or more automobiles. Permanent tents are not allowed as a carport.
CELLARAn uninhabitable space partly underground but having a portion of its floor-to-ceiling height below the average outside ground level. A cellar is not counted as a story in determining building height.
CERTIFICATE OF OCCUPANCYA document required pursuant to the New York State Uniform Fire Prevention and Building Code and prepared by the Village of Pulaski Building Inspector and also certified by the Zoning Enforcement Officer. Upon completion of any project which requires a variance or special permit, the Zoning Enforcement Officer shall inspect the project to insure that it has been completed in accordance with any and all specifications and conditions imposed by the issuing board. The certificate of occupancy shall be issued pursuant to both this chapter and the New York State Uniform Fire Prevention and Building Code, and a copy of each certificate of occupancy shall be maintained in the records of the Zoning Enforcement Officer. (A certificate of zoning compliance shall be issued.)
CERTIFICATE OF ZONING COMPLIANCEA permit issued by the Administrator indicating that a lot or newly completed structure or use complied with all pertinent requirements of the Village Code and therefore may be occupied or used.
CHARTER BOATEvery vessel, including a drift boat, that is propelled in whole or in part by mechanical or nonmechanical power and is operated for commercial purposes on navigable water by bringing passengers for travel, recreation or vacation purposes for which compensation is received. Operation of any vessel for a period of 10 days with an average of three or more passengers shall constitute prima facie evidence that compensation has been received.
CLUBAny organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, activities as required for membership and purposes of such organization. Includes YMCA, YWCA, fraternity, sorority, lodge, religious and similar clubs which may have dormitory accommodation.
CLUB, PRIVATEA nonprofit social organization whose premises are restricted to its members and their guests.
CLUBHOUSE, COMMERCIALA building used in conjunction with a recreational, athletic or commercial operation and intended to be used primarily by patrons of said athletic, recreational or commercial establishment, for example, a clubhouse operated in conjunction with a golf course. It shall not be necessary that the clubhouse be actually operated and owned by the owners of the athletic, recreational or commercial establishment.
CLUBHOUSE, SOCIALA 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 public place.
COMMERCIAL MARINAAny installation which provides any accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing of watercraft and which may include eating, sleeping and service facilities and off-season storage located adjacent to the waters of this state and for which remuneration is received. The presence of four or more watercraft on a continuous basis for a period of 10 days shall constitute prima facie evidence that said accommodations are being provided for remuneration.
COMMUNITY CENTERA public meeting hall, place of assembly, museum, art gallery, library, sports complex, or other similar operation, not operated primarily for profit and open to the general public.
CONDOMINIUMAn apartment house or houses, the apartments or dwelling units of which are individually owned, with each owner receiving a deed enabling him to sell, mortgage or exchange his apartment independent of the owners of the other apartments in the building or buildings.
CONSTRUCTION ENGINEERINGA. Buildings or land for the specific purposed of conducting a commercial construction business including all accessory uses or business offices associated therewith. Associated enclosed warehouse and/or enclosed service and repair area shall be allowed. Associated professional office space is also included.
B. Associated open storage yards shall be allowed provided an eight-foot fence or other acceptable barrier is maintained at said yards where public visibility is accessible.
C. Associated storage of fuel, oil, gasoline, and lubricants for use of the business occupants in maintaining and servicing equipment, with said storage being no more than 10,000 gallons, the stored items not being sold, wholesale and resale use and the storage complying with all applicable local, state and federal laws.
CONVERSIONThe changing of use or occupancy of a dwelling by alteration or by other reorganization so as to change the number of family or dwelling units in a structure.
COVERAGEThat percentage of lot area covered by building area.
CUMULATIVE IMPACTThe actual or potential social, economic and environmental consequences of a series of independent or interdependent actions or events which, when considered cumulatively, produce a greater effect than any action or event taken by itself.
DAY-CARE CENTERA facility permitted by the New York State Office of Children and Family Services for the care of seven or more children for less than 24 hours a day.
DOCKA structure in a lot of record and meeting state requirements used for securing or harboring of watercraft.
DOMESTIC ANIMALAn animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival.
DRIVE-IN/DRIVE-UPAn establishment of the type commonly referred to as "fast-food restaurants," primarily catering to the motoring public, whether or not serving pedestrians as well, regardless of whether patrons have the option of eating inside the building or in their cars in the parking lot. Drive-in/drive-up establishments are normally characterized by drive-through windows.
DUMPA lot or part thereof used primarily for disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind, excluding toxic waste.
DUMPSTERA large trash receptacle designed to be hoisted and emptied into a truck. A roll-off debris container is not considered a dumpster because it has an open top, commonly used on a temporary basis and are transported by a flatbed truck.
DUPLEXA house divided into two apartments with each having a separate entrance.
DWELLINGA building or portion of building designed or used exclusively as living quarters of one or more families; the term shall not be deemed to include automobile court, motel, boardinghouse or rooming house, mobile home, trailer, tourist home or tent.
DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family (including any domestic servant employed on the premises), and having no enclosed place (other than a vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, convalescent home, dormitory, fraternity, sorority, hotel, inn, lodging or rooming house, nursing home or other similar house or other similar structure shall not be deemed to constitute a dwelling unit.
DWELLING, EARTH-SHELTEREDA one- or two-unit dwelling specifically designed and constructed to use earth as a barrier and temperature moderator where the walls are substantially covered by earth, and the roof may be covered by earth, and where the grade adjoining at least one exterior wall for at least 50% of the width of such wall is not above the floor level of the habitable space.
DWELLING, FACTORY-MANUFACTUREDA factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, April 1, 1993, transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2) constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development (HUD) and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILYA building containing one dwelling unit and designed and used exclusively for occupancy by one family.
DWELLING, TWO-FAMILYA building designed for and occupied exclusively as a home or residence for two families.
ENCLOSED SERVICE AND REPAIRThe use of a building to conduct a business primarily of a service character, to include but not limited to such services as cleaning, adjusting, replacing of component parts or assemblies, preparing for application of finish, applying a finish, installing accessories, repairing and testing for such items as bicycles (pedal-powered), household appliances, furniture, office machines, computers and electronic equipment but shall not include auto or motor vehicle body repair, airplane, boat, farm machinery, trailer, and/or construction machinery repair, servicing or painting.
ENERGY COOPERATIVEAn electrical distribution system using alternative energy sources such as but not limited to solar energy systems and designed to supply energy needs to designated users.
ENFORCEMENT OFFICERAny person appointed by the Village Board to represent it in matters pertinent to this chapter.
FAMILYOne or more persons related by blood marriage, adoption or custodial arrangement, living and cooking together.
FAMILY UNITA number of persons living, (including live-in servants) not exceeding five, together as a single housekeeping unit although not related by blood, adoption or marriage shall be deemed to constitute a family unit. A fraternity or sorority house or boardinghouse shall not be considered a family when reference to occupying a dwelling.
FARM ANIMALSAre domesticated animals and/or livestock raised in an agricultural setting to produce labor or commodities such as but not limited to meat, eggs, milk, fur, wool and transportation.
FARMER'S MARKETA physical retail marketplace, either temporary or permanent, intended to sell foods and other items directly by farmers or venders to consumers.
FENCEA structure including walls or screens erected for the purposes of enclosing land, screening land, dividing land, to direct or prohibit passage across land, to protect against potential hazard or for decorative purposes.
FINISHED GRADEThe completed surfaces of lawns, walks and roads brought to grades as shown on the official plans or designs relating thereto.
FISH CLEANING STATIONA commercial or noncommercial operation operated for the purpose of providing the service of cleaning fish for the general public, may or may not be for profit. For the purpose of this chapter, the maintenance for operation of any building or structure in which fish are cleaned for three or more members of the general public for a period of five consecutive days shall be prima facie evidence that the fish cleaning station is being operated for profit. Any fish cleaning station authorized under this chapter shall be required to meet all state, local and federal regulations relative to said operation and to receive permits from the Oswego County Health Department and the Department of Environmental Conservation if necessary prior to commencing operation. Approval of an application for the operation of a fish cleaning station is required under Chapter
60 of the Village of Pulaski Municipal Code and shall be contingent upon the applicant obtaining such approval within a period of time to be designated by the Village Board.
FISHERMAN'S ACCESSA right-of-way, whether private or commercial, granted by a public or private landowner to members of the general public for the purpose of granting ingress to and egress from waterways for the purpose of fishing.
FLEA MARKETAn occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLOOD or FLOODINGA. A general temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of land or tidal water;
(2) The unusual and rapid accumulation or runoff of surface waters from any source;
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. A flood inundates a floodplain. Most floods fall into three major categories: riverine flooding, coastal flooding, and shallow flooding. Alluvial fan flooding is another type of flooding more common in the mountainous western states.
FLOOD, 500-YEARA flood having a 0.2% chance of being equaled or exceeded in any given year.
FLOOD, BASE or FLOOD, 100-YEARThe flood having a 1% chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood." The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base flood elevations (BFEs) are typically shown on Flood Insurance Rate Maps (FIRMs).
FOOD PANTRYA service provided by a charitable institution or a public agency, warehousing food supplies for distribution to recipients, such services being either public in nature or not for profit.
FRATERNITY OR SORORITY HOUSEA dwelling maintained exclusively for the members of a fraternity or sorority enrolled in an academic college, university or other educational institution.
FUNERAL HOMEA dwelling or other structure used and occupied by a professionally licensed mortician for burial preparation and funeral services.
GARAGE SALEHousehold goods and clothing for sale to the general public, which are displayed in the garage, yard, or porch of a private residence; a yard, porch, lawn or rummage sale.
GARAGE, REPAIR AND SERVICEA building or place of business where oil, grease, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair services are rendered, excluding painting or body repairs.
GARAGE, RESIDENTIALA building, accessory to a dwelling, used exclusively for the parking or temporary storage of motor vehicles, boats and trailers. For the purpose of this chapter, a carport, as previously defined in this chapter, shall be considered a residential garage.
GARDENA piece of ground in which fruits, flowers, herbs or vegetables are grown for personal use.
GASOLINE CONVENIENCE MARKETThe retail sale of self-service motor fuel at a facility which also offers for sale convenience goods such as food, beverages and sundries, often on a twenty-four-hour-a-day basis.
GASOLINE STATIONA building or land used for sale of motor fuel, oil and motor vehicle accessories, and which may include facilities for lubricating, washing or servicing vehicles, but not including painting or body repairs.
GREENHOUSE, COMMERCIALA building used to grow plants, for wholesale or retail sales, particularly with large glass windows or plastic sheeting to trap heat from sunlight even in intemperate seasons or climates.
GROSS FLOOR AREAThe sum of the floor areas of the spaces within the building, including basements, mezzanine and intermediate-floored tiers and penthouses.
HOME OCCUPATIONAccessory use of a service character, with no employees, conducted within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use, and which, when it requires a special permit, conforms to the additional conditions set forth in §
160-33 of this chapter.
HOME PROFESSIONAL OFFICEAn office used by a duly licensed professional, with no employees, within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and which, when it requires a special permit, conforms to the additional conditions as set forth in §
160-34 of this chapter.
HOSPITALA building used for diagnosis, treatment or other care of human aliments or medical conditions, which term includes a sanitarium, clinic, rest home, nursing home, convalescent home and institution for the insane.
HOTELA building used primarily to provide sleeping accommodations to the transient public in which six or more rooms are available for hire and which may provide additional services such as a restaurant, bar and meeting room.
INDOOR RECREATIONAny indoor place or enclosure in which is maintained or operated, for the amusement, patronage or recreation of the public, traditional sporting or recreational facilities, including but not limited to bowling, indoor tennis, gymnasium, swimming pool, indoor driving range or indoor miniature gold course, volleyball court, roller-skating rink, ice-skating rink or other similar uses, but not including an indoor shooting range.
JUNKJunk shall constitute any of the following matters.
A. Mobile home. A structure, transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling unit. A mobile home will be considered junk where all of the following conditions exist for over 30 days:
(1) The electrical service is disconnected or terminated.
(2) It is abandoned as a dwelling.
(3) It is no longer inhabitable under the New York State Uniform Fire Prevention and Building Code.
B. Motor vehicle. All vehicles propelled or drawn by power other than muscular power originally intended for legal use on the public highway; includes, but is not limited to, automobiles, trucks, buses, motorcycles, motor homes, or camping, boating, and utility trailer. A vehicle shall be considered junk when it meets any of the following conditions:
(1) It is not licensed. Although a motor vehicle may be licensed or registered with the State of New York, if it does not display a current license plate, this shall be presumptive evidence that such motor vehicle is not licensed.
(2) It is either abandoned, wrecked, discarded, dismantled, or partly dismantled.
(3) It is not in any condition for legal use on the public highways.
(4) It has not been used for its intended purpose within the last six months.
C. Rubbish, debris, or discarded material; includes, but is not limited to, ordinary trash, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, lumber, brick, stone and other building materials no longer intended or in conditions for ordinary use.
D. Any and all tangible personal property no longer intended or in condition for ordinary and customary use shall be considered junk if the condition exists for 30 days.
JUNKYARDA licensed location for the placement and storage of junk and junk vehicles.
KENNELLand or building used for the harboring or sale of four or more dogs, cats or other small animals which are over six months old.
LAUNDROMATBusiness premises which can be equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LOADING SPACEOff-street space at least 12 feet wide by 40 feet long used for the temporary location of one licensed motor vehicle which shall have access to a street or alley.
LODGEA building or buildings used primarily to provide sleeping accommodations to the transient public at which no more than six rooms are available for hire.
LOTLand occupied or which may be occupied by a principal building and its accessory uses, together with such open spaces as are required, having no less than the minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street, or other means of access as may be determined by the Planning Board to be adequate as a condition of issuance of a building permit for a building or structure.
LOT AREATotal area within property lines, excluding any part thereof lying within the boundaries of a street or proposed street.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if tangents to the curve at points of intersection of side lot lines intersect at an interior angle of less than 135°.
LOT DEPTHMean horizontal distance from street line of the lot to its opposite rear line as measured at right angles to the building front line.
LOT FRONTAGE OR WIDTHThat portion of a lot or parcel of land that borders a public highway. Frontage shall be measured along the common lot line separating said lot or parcel of land from the public street or road right-of-way.
LOT LINEAny boundary of a lot. Any lot lines which are not a rear line nor a front line shall be deemed a side line.
LOT OF RECORDAny lot or premises which has been duly defined or recorded in the Oswego County Clerk's office prior to May 7, 1974. However, when a lot of records has been divided, partitioned or otherwise altered after May 7, 1974, said lot shall be a lot of record as of the date of such division, partition or alteration.
MANUFACTURED HOME LOTA designated site within a manufactured home park for the exclusive use of the occupant of a single manufactured home.
MANUFACTURED/MOBILE HOME PARKA tract of land used for the placement of two or more manufactured or mobile homes for nontransient use, and any other buildings or structures that may be pertinent to its use, and improved in accordance with the provisions of this chapter. A manufactured or mobile home park may not be used for recreational vehicles, camps or seasonal dwellings.
MANUFACTURINGThe making of articles on a large or small scale using machinery or by hand labor done in a production facility, the building or complex that houses necessary equipment for the manufacturing process.
MARINA, COMMERCIALAny installation which provides any accommodations or facilities for watercraft, including mooring, docking, storing, leasing, sale or servicing of watercraft and which may include eating, sleeping, and service facilities and off-season storage located adjacent to the waters of this state and for which remuneration is received. The residence of four or more watercraft on a continuous basis for a period of 10 days shall constitute prima face evidence that said accommodations are being provided for remuneration.
MARINA, PRIVATE/NONCOMMERCIALAny installation which provides any facilities or accommodations for watercraft belonging to the owner of said premises, or on an occasional nonremunerative basis for friends or family.
MEMBERAn individual appointed by the Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board and Zoning Board of Appeals.
MOBILE HOMEA dwelling constructed subsequent to 1973 and built to New York State Uniform Fire Prevention and Building Code regulations and designed for one family which has the following distinguishing characteristics:
A. Manufactured as a moveable or portable dwelling for year-round occupancy and for installation on a masonry or concrete foundation or a mobile home stand or piers, with or without a basement or cellar;
B. Designed to be transported on its own chassis and wheels and connected to utilities after placement on a stand, foundation or piers;
C. May contain parts that can be folded, collapsed or telescoped when being towed and expanded later to provide additional living space;
D. May be constructed in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
MODULAR HOMEA factory-manufactured dwelling, building or structure that is a factory-fabricated transportable building unit, designed to be permanently located or used by itself or to be incorporated with a similar unit at a building site into a modular structure to be used as a dwelling, as heretofore defined. For the purpose of this chapter, a mobile home is not be considered as a modular home.
MOTELA building or group of buildings containing individual living and sleeping accommodations for eight or more persons for hire, primarily for use of transient automobile travelers. The term "motel" includes every type of similar establishment designated as an auto court, tourist court, tourist cabins, motor hotel and motor lodge and similar descriptive titles.
NONCONFORMING LOTA lot of record existing on May 7, 1974, the date of the enactment of this chapter, that does not comply with the minimum frontage or area requirements for the zoning district in which it is located.
NONCONFORMING USEA building, structure or use of land lawfully existing on May 7, 1974, the date of the enactment of this chapter, which does not conform to the regulations of the zoning district in which it is located.
NURSING OR CONVALESCENT HOMEA building, other than a hospital, where persons, except insane, drug- or alcohol- and/or chemical-dependent patients, are lodged and furnished with meals and nursing care for hire.
OPEN SPACEThat part of the lot area not used for buildings, parking or service. Open space may include lawns, trees, shrubbery, garden areas, footpaths, play areas, pools, watercourses, wooded areas and paved surfaces used as access drives but not used for vehicular parking of any kind.
OUTDOOR RECREATIONAny lot, parcel or tract of land upon which is operated or maintained for the amusement, patronage, or recreation of the public, whether or not for profit, traditional outdoor sporting or recreational facilities.
OWNERA person or person holding title to a lot of record.
PARK MODELA factory manufactured structure used as a temporary or seasonal dwelling, which does not contain the insignia of approval as issued by the New York State Fire Prevention and Building Code Council, and/or the emblem or certification of the United States Department of Housing and Urban Development (HUD), and does not meet the definition of travel trailer as set forth by this chapter. For the purposes of this chapter, a "park model" shall be considered one of the following:
B. Dwelling, factory-manufactured.
PARKING LOT, COMMERCIALA place for parking of motor vehicles owned by parties unrelated to the property owner or his agent, with or without compensation. Also see "fisherman parking."
PARKING SPACE, AUTOMOBILEAn area for the temporary storage and parking of motor vehicles, which is at least 10 feet of width, 20 feet of length and seven feet of clear height, together with adequate provision for maneuvering and for passage to or from streets and alleys either direct or over a private driveway.
PARKING SPACE, RECREATIONALAn area for the temporary storage and parking of motor vehicles, boats, travel trailers, mobile homes and other similar vehicles which has at least 12 feet of width, 25 feet of length and 14 feet of clear height, together with adequate provisions for maneuvering, and passage to and from streets or alleys, either directly or over a private driveway.
PERSONAny individual, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL SERVICEThe use of a building or facility to conduct the business of a recognized profession including but not limited to doctor, dentist, attorney, accountant, architect, engineer, land surveyor and other New-York-State-registered occupations including but not limited to beautician, barber, hairdresser, optician, or counselor.
PIERA platform supported on pillars or girders leading out from the shore to a body of water, used as a landing stage for boats.
PLANNED DEVELOPMENTA parcel of land as defined in § 1115 of the Public Health Law of the State of New York, or otherwise more stringently required by any other section of the chapter, whether such parcel is held in single ownership or controlled by a partnership, corporation or cooperative group, which is planned and developed as a unit for residential buildings, with all the required streets, parking and loading area, accessory buildings, open space and other site amenities. A planned development shall involve detailed plan review and approval and accordance with performance standards and procedures as required by the issuing board.
PLANNING BOARDThe Planning Board of the Village of Pulaski, as established by the Village Board of Trustees by local law pursuant to provisions of § 7-718 of the New York Village Law.
PORTABLE STORAGE CONTAINERA portable, weather-resistant receptacle desired and used for the storage or shipment of household goods, wares, building materials and merchandise no greater than 16 feet in length, eight feet in width or 8 1/2 feet in height.
PRIVATE PARKING AREAAn area devoted to parking of an automobile, travel trailer, motor home, boat, and other similar vehicle by the occupants of a dwelling or dwellings located on the same building lot.
PROFESSIONAL RESIDENCE OFFICEProfessional office within a home is the conduct of professional activity from office space located within a residence. Professional office when located in the same building as a private residence of a clergyman, lawyer, architect, accountant, consultant, counselor, realtor, travel agent or computer professional.
PUBLIC UTILITIESAn organization which provides a basic service to the public, such as water, waste disposal, energy, transportation or telecommunication.
QUARRY, SAND PIT, GRAVEL PIT, TOPSOIL STRIPPINGA lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building, for which application of a building permit has been made to the Zoning Enforcement Officer.
RELIGIOUS INSTITUTIONA church, temple, mosque, synagogue, parish house, convent, seminary or retreat house.
RESIDENTIAL USEOne-family dwellings, two-family dwellings, multiple-family dwellings, home professional offices, a residential garage, residential storage building or sheds, lawn sheds, and/or home occupation building.
RESTAURANTAn establishment engaged primarily in the sale of food and beverage, excluding alcoholic beverages, for on-premises consumption with patrons seated inside or outside the building. This includes those establishments whose primary business is of a takeout nature.
RESTAURANT-TAVERNAn establishment primarily engaged in the sale of food and beverages, including alcoholic beverages for on-premises consumption, with patrons seated inside or outside the building. This does not include those establishments whose primary business is of a takeout nature.
RETAIL SALES-SERVICESAn ability or activity established to accommodate the day-to-day and specialized shopping and personal service needs of support population.
RETAIL STOREGrocery store, supermarket, store for sale of retail goods, personal service shop and department stores; excluding drive-in restaurants, freestanding retail stand, new and used car sales and service, trailer and mobile home sales and service, automobile or trailer sales and service area, gasoline station, commercial garage, garage repair and service.
ROAD, STREETAn existing public, federal, state, county, or town right-of-way, whether paved or not, which is used for the movement of people and goods and to provide access to adjacent property.
ROADSIDE STANDAn accessory structure used for the sale of agricultural products grown and raised on the lot of record, operated by the owner or his immediate family. (A structure shall to be considered a roadside stand if goods not grown or raised upon the lot of record are also available for sale to the general public.)
ROOMER, BOARDER or LODGERA person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging, or board and lodging, whether or not by prearrangement for a week or more at a time to an owner or operator.
SATELLITE RECEIVING ANTENNAAny apparatus or device, commonly known as an "earth terminal antenna," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna" or "dish antenna" and including as part of such apparatus or device the main reflector, subreflector feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but does not include conventional television, radio and amateur radio antennas.
SCHOOLParochial, private and public school, college, university and accessory uses; and shall exclude commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
SERVICE BUSINESSA facility established and operated to provide for the broader or more specialized service needs of a larger population base and drawing market support from the surrounding region in which work is performed in an expert manner by an individual or team for the benefit of its customers. The service business includes but is not limited to commercially operated schools of beauty, culture, business, dancing, driving, music, accounting, banking, consulting, cleaning, landscaping, education, insurance, treatment and similar establishments.
SETBACKThe horizontal distance from a particular lot line and the facade of any existing proposed building or structure nearest said lot line.
SHOPPING CENTERA group of stores, shops and similar establishments occupying adjoining structures, all of which may be deemed as one building, if designed as an architectural unit, and if it has adequate space in the rear for loading and unloading commodities.
SOLAR ENERGY SYSTEMAny solar collector panel(s), films(s), shingle(s), or other solar energy device(s), or solar structural component(s), mounted on a building or on the ground and including other appurtenant structures and facilities, whose primary purpose is to provide for the collection, storage, and distribution of solar, or radiant energy received from the sun and used for heating or cooling, for water heating, and/or generation of electricity, A solar energy system may be ground-mounted (i.e., placed on top of the ground surface) or roof-mounted (i.e., placed on or as an integral part of a building).
SOLAR ENERGY SYSTEM, COMMERCIALIs one that produces power for the property where it is located, but to be distributed through the power grid, i.e., a solar farm.
SPECIAL USEA use which, because of unique characteristics, requires a special permit in accordance with the provision of this chapter.
STORAGE YARD, OPENThe space on a lot not occupied with a building which is used for the outdoor and open storage for but not limited to finished products, boats, recreational vehicles, travel trailers, snowmobiles, and ATVs.
STORAGE, INDOORSpace inside any building or roofed area and used for the keeping of goods, supplies, raw material or finished products.
STORAGE, OUTDOORLand outside any building or roofed area and used for the keeping of goods, supplies, raw material or finished products.
STREETPublic way for vehicular traffic which affords principal means of access to abutting properties.
STREET LINEThe right-of-way line of a street as indicated or dedicated by a deed of record. Where the street width is not established, the street line shall be considered to be 33 feet from the center line of the street.
STRUCTURAL ALTERATIONThe physical alteration of an existing building or structure when such alteration includes a physical expansion of the said building or structure. Structural alteration shall not include the addition of skirting, aluminum siding, or other materials used for cosmetic purposes, but which do not require the physical alteration of the existing building or structure.
STRUCTUREA combination of materials assembled, constructed or erected at a fixed location, including, for example, a building, a residence, stationary and portable carports (excluding tents), swimming pools, the use of which requires location on the ground or attachment to something having location on the ground. (Sometimes referred to as "stick built.")
SWIMMING POOLAny body of water or receptacle for water having a depth greater than 24 inches (or a surface area greater than 250 square feet), used or intended to be used for swimming and bathing and constructed, installed or maintained in- or aboveground. A swimming pool shall be deemed a structure for all purposes under the provisions of this chapter, except a pool shall be erected or constructed with a minimum lot line of 10 feet in any direction from the vertical water containment line. For purposes of this chapter, the small plastic-type wading pools (24 inches or less) for small children shall not be considered a swimming pool.
TENTA portable shelter made of cloth, supported by one or more poles and stretched tight by cords or loops attached to pegs driven into the ground and/or freestanding.
THEATERA building or part of a building devoted to showing moving pictures or stage productions on a paid- or open-admission basis.
THEATER, OUTDOOR DRIVE-IN/DRIVE-UPAn open lot or part thereof with its appurtenant facilitates devoted primarily to the showing of moving pictures or theatrical productions on a paid-admission basis, to patrons seated in automobiles or on outdoor seats.
TIME AND TEMPERATURE SIGNAn electrical sign utilizing lights going on and off periodically to display the current time and temperature. See "sign law."
TINY HOMESResidential structures that are between 350 square feet and 999 square feet. A tiny home, depending on construction, could be defined as a park model, manufactured, modular or structure.
TOURIST HOMEA dwelling in which overnight accommodations are provided or offered for up to three to seven transient guests, for compensation, but such use is secondary to the occupancy of the dwelling by an owner of a lot of record. (A bed-and-breakfast shall also be considered a tourist home.)
TOXIC SUBSTANCEAny substance or combination of substances which, because of quantity, concentration, or physical or chemical characteristics may:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed.
TRAILERAny vehicle which may be towed and is capable of being used for carrying goods, equipment, machinery or used as a site office.
TRAVEL TRAILERA vehicular portable structure, including those commonly known as "recreational vehicles" or "RVs," built on a chassis designed to be used primarily for travel, recreational and vacation uses, and having a body width not exceeding eight feet and a body length not exceeding 55 feet.
TRAVEL TRAILER PARKProperty consisting of a tract of land and providing ground area for the parking of three or more occupied travel trailers campers, mobile homes, the erection of tents or other structures for overnight occupancy primarily for recreational or vacation purposes.
USE, PERMITTEDA use specifically allowed in the district, excluding illegal and nonconforming uses.
USE, PRINCIPALThe specific purpose for which land, water, item or a building is designed, arranged or intended to be used.
VARIANCEWritten authority to depart from or modify the regulations of this chapter, including the use of land, said authority to be granted by the Zoning Board of Appeals in accordance with the provisions of Article
III of this chapter.
WAREHOUSEA building for storing and distributing goods and products.
WASTE MATERIALAny materials unused or rejected as unwanted or worthless.
WINDMILLA building with sails or vanes that turn in the wind and generate electrical or mechanical power.
YARDSpace on a lot not occupied with a building. Porches shall be considered as part of the main building and shall not project into a required yard.
YARD, FRONTThe space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.
YARD, REARA space within and extending the full width of the lot from the rear lot line to the part of the principal building which is the nearest to such lot line.
YARD, SIDEThe space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such lot line.
ZONING BOARD OF APPEALSThe Zoning Board of Appeals of the Village of Pulaski as established by the Village Board of Trustees by local law or ordinance pursuant to § 7-712 of the New York Village Law.