Terms defined. 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 USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts of existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.
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 terrace and uncovered steps.
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.
BASEMENTA story partly below finished grade but having at least 1/2 of its height measured from floor to ceiling, but not less than four feet, above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.
BED-AND-BREAKFAST ESTABLISHMENT/INNA lodging establishment that provides transient housing accommodations (less than one week's stay in duration) for not more than 12 persons, which provides food and/or drink only to persons occupying the transient quarters.
BILLBOARDA sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated.
BOARDINGHOUSEA private dwelling in which at least three but not more than six rooms are offered for rent, for periods of greater than one week in duration, and in which table board is furnished only to renters, and in which no other transients are accommodated. A "rooming house" or a "furnished room house" shall be deemed to be a boardinghouse.
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 chattel.
BUILDING GROUPA group of two or more principal buildings and any buildings accessory thereto, occupying a lot in one ownership and having any yard in common.
BUILDING LINEThe line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.
BUILDING, MAINA building in which is conducted the principal use of the lot on which it is located.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMIDETACHEDA building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULKDescribes the 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 spaces required in connection with a building, other structure or tract of land.
BUNGALOW COLONYA group of two 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 all-year-round residence, which premises does not contain a public lobby or dining rooms serving guests. The term "bungalow colony" includes cottage or cabin colonies or development but does not include a trailer park, trailer camp, boardinghouse, hotel or motel.
CAMPAny parcel of land on which are located two or more tents, shelters or other accommodations of a design or character suitable for seasonable or other more or less temporary living purposes, including resort and day camp, but not including a trailer park, boardinghouse, hotel, motel or bungalow colony.
CELLARAny space in a building the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CLUB MEMBERSHIPAn organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing there are not conducted any vending stands or merchandising or commercial activities, except as required generally for the membership and purposes of such club.
COMMERCIAL COMMUNICATIONS TOWERA structure, including one or more antennas, that is intended for transmitting and/or receiving radio, television, telephone or microwave communications, but excluding those used either for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar communications.
COMMERCIAL VEHICLEA vehicle or more than one-ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMUNITY POLEA sign owned and maintained by the Town Board, or by a group of businessmen as approved by the Town Board, which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.
COMMUNITY SEWAGE DISPOSAL SYSTEMA means utilized for the treatment, collection and disposal of sewage, or other wastes of a liquid nature, including the various devices for the treatment of such wastes that serve five or more dwellings units, whether owned by the Town of Rosendale or a private utility.
COMMUNITY WATER SYSTEMA public water system, as defined by Part 5 of the New York State Sanitary Code, which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents, whether owned by the Town of Rosendale or a private utility.
CONTRACTOR'S YARDAny space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles or parts thereof which are in active use by a construction contractor.
COVERAGEThat lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
CUSTOMARY HOME OCCUPATIONAny use customarily conducted entirely within a dwelling and carried on solely by the inhabitants thereof, which use is clearly secondary to the use of the dwelling for dwelling purposes and does not change the character. "Customary home occupation" shall include professional practice by, but not limited to, a doctor, lawyer, architect or engineer.
DEVELOPMENTThe utilization of a lot or tract of land for two or more uses.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTEDIn the following list, each district shall be deemed to be more restricted than the districts which follow it: A-1, R-1, R-2, R-2a, R-3, A, B-1, B-2, I-1.
DRIVE-IN MOVIEAn open lot or part thereof with appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
DUMPA lot or land used primarily for the disposal, by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLINGA building designed or used principally as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" or "dwelling group" shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. See "residence."
DWELLING GROUPA group of two or more dwellings occupying a lot in one ownership.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family.
FAMILYConsists of one person or two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and, in addition, any domestic servants who live together in a single dwelling unit and maintain a common household.
FINISHED GRADEThe elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
FLOOR AREAThe aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.
(1) In particular, the floor area of a building or buildings shall include:
(b) Elevator shafts and stairwells at each floor.
(c) Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(e) Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.
(f) Interior balconies and mezzanines.
(h) Accessory uses, not including space for accessory off-street parking.
(2) However, the floor area of a building shall not include:
(a) Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(b) Elevator and stair bulkheads; accessory water tanks and cooling towers.
(c) Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
(e) Uncovered steps; exterior fire escapes.
(f) Terraces, breezeways, open porches, outside balconies and open spaces.
(g) Accessory off-street parking spaces.
(h) Accessory off-street loading berths.
GASOLINE FILLING STATIONAn area of land, including all structures thereon, or any building or part thereof that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing which does not require mechanical equipment, or otherwise servicing motor vehicles, but not including auto body work, welding or painting.
HEIGHT OF BUILDINGThe vertical distance measured from the average finished grade along the wall of the building, or adjacent to the side of the structure, to the highest point of such building or structure.
HOME OCCUPATIONAn activity carried out for gain by a resident in his or her dwelling which is clearly incidental and secondary to the primary use of the dwelling for residential purposes.
HOSPITALA building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments; shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTELA building or any part thereof which contains living and sleeping accommodations for transient occupancy, which has a common exterior entrance or entrances and which may contain one or more dining rooms.
JUNKYARDA parcel or 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 or 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 abandoned vehicles, as defined in these regulations, shall be deemed to make the lot a junkyard. Any area of a lot on which is found the materials described above shall be deemed to be a junkyard, notwithstanding the fact that the professed use of the land is as something other than as a junkyard. However, the term "junkyard" shall not apply to parcels or portions thereof that are primarily used and utilized principally for the production of agricultural products.
KENNELAny place at which there are kept any number of dogs for the primary purpose of sale or for boarding, care or breeding for which a fee is charged or paid.
LOTA defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same.
LOT, CORNERA lot situated at the junction and adjacent to two or more intersecting streets, when the interior angle of intersection does not exceed 135º.
LOT, DEPTH OFThe mean distance from the front street line of a lot to its rear line.
LOT FRONTAGEA lot line which is coincident with a street line.
LOT LINESThe lines bounding a lot as defined herein.
LOT, THROUGHA lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTHThe horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.
MOBILE HOME (also "house trailers")(1) A portable, factory-made dwelling unit, built on its own chassis, designed to be transported on its own wheels or those of another vehicle, normally equipped with factory installed appliances and furniture, and intended, when connected to all required utility systems, to be suitable for year-round occupancy. For purposes of these regulations, mobile homes are divided into the following three types:
(a) TYPE 1New (unused) mobile homes certified as meeting the Mobile Home Construction and Safety Standards of the United States Department of Housing and Urban Development and the relevant provisions of the Town of Rosendale Building Construction Code and Fire Prevention Code.
(b) TYPE 2New (unused) mobile homes which do not meet the criteria for Type 1 mobile homes, or used mobile homes determined, upon inspection by the Building Inspector, to comply with the Town of Rosendale Building Construction Code and Fire Prevention Code.
(c) TYPE 3Mobile homes which do not meet the standards for Type 1 or Type 2 mobile homes but which were permanently and legally established on a premises prior to August 10, 1983.
(2) The term "mobile home" shall not be construed to include a modular home or a recreational vehicle.
MOBILE HOME PARKA parcel of land under single or common ownership and management on which two or more mobile homes are occupied or intended to be occupied as residences (also "trailer park or camp").
MODULAR HOMEA dwelling unit consisting of two or more major segments constructed off-site, which complies with the Town of Rosendale Building Construction and Fire Prevention Codes, and designed to be transported to a site for permanent assembly and anchoring to a permanent foundation and to become a fixed part of the real estate.
MOTELA building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally to motor vehicle travelers. The term "motel" includes, but is not limited to, every type of similar establishment known variously as an auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabin or roadside hotel.
NATURAL GASAny 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 components or vapors occurring in or derived from petroleum or other hydrocarbons.
[Added 12-12-2012 by L.L. No. 3-2012]
NATURAL GAS AND/OR PETROLEUM EXPLORATIONGeologic 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.
[Added 12-12-2012 by L.L. No. 3-2012]
NATURAL GAS AND/OR PETROLEUM EXTRACTIONThe digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons.
[Added 12-12-2012 by L.L. No. 3-2012]
NATURAL GAS AND/OR PETROLEUM EXTRACTION SUPPORT ACTIVITIESThe 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.
[Added 12-12-2012 by L.L. No. 3-2012]
NATURAL GAS EXPLORATION AND/OR PETROLEUM PRODUCTION WASTESAny 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.
[Added 12-12-2012 by L.L. No. 3-2012]
NONCONFORMING BULKThat part of a building, other structure or tract of land 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 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 result of subsequent amendment thereto.
NURSERY SCHOOLAny place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOMEA building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
PETROLEUMA thick flammable, yellow-to-black mixture of gaseous, liquid, and solid hydrocarbons that occurs naturally beneath the earth's surface.
[Added 12-12-2012 by L.L. No. 3-2012]
PETROLEUM PRODUCTSMaterials created from the separation of petroleum including but not necessarily limited to natural gas, gasoline, naphtha, kerosene, fuel and lubricating oils, paraffin wax, and asphalt and is used as raw material for a wide variety of derivative products.
[Added 12-12-2012 by L.L. No. 3-2012]
POSTERA temporary, nonpermanent device which announces, directs or advertises any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, show, drive, movement or event.
PREMISESA lot, together with all the buildings and uses thereon.
RECREATIONAL VEHICLEA vehicular, portable structure without a permanent foundation or supports, which can be towed, hauled or driven, which is not designed for permanent connection to utility systems, and is primarily designed for use as temporary living accommodations for recreational, camping or travel purposes. Such vehicles include but are not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RESIDENCES, RESIDENTIAL — A building or any part of a building which contains living and sleeping accommodations for permanent occupancy. "Residences," therefore, includes all one-family, multifamily, boarding, fraternity and sorority houses. However, "residences" shall not include the following:(1) Transient accommodations, such as hotels, motels and hospitals.
(2) That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.
RESORT HOTEL, RESORT RANCH or RESORT LODGEAn area of land on which is located a hotel or group of buildings containing living and sleeping accommodations hired out for compensation, which hotel, ranch or lodge has a public lobby serving guests and contains one or more dining rooms and recreation facilities.
RESTAURANT, FAST-FOODAn establishment where food and/or beverages are sold in a form ready for consumption and where, by design or packaging techniques, including disposable containers and utensils, all or a significant portion of the consumption can or does take place outside the confines of the building, often in a motor vehicle on the site.
RIDING ACADEMYAny establishment where horses are kept for riding, driving or stabling, for compensation.
RIGHT-OF-WAYThe property of a circulatory facilities. See "street width."
ROADSTANDA light structure with a roof, either attached to the ground or movable, intended for the sale of local produce to the general public.
SETBACKThe distance in feet from the street line to the principal building on a lot.
SIGNAny structure or part thereof or any device attached to a structure or painted or represented on a structure which shall display or include any lettering, wording, model, drawing, picture, banner, flag, insignia, device, marking or representation used as in the nature of an announcement, direction or advertisement. A "sign" includes a billboard, neon tube, fluorescent tube or other artificial light or string of lights, outlining or hung upon any part of a building or lot for the purposes mentioned above, but does not include the flag or insignia of any nation or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or similar organization, campaign, drive, movement or event which is temporary in nature.
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
SIGN AREAThe area within the shortest lines that can be drawn around the outside perimeter of a sign, including all decorations and lights, but excluding the supports if they are not used for advertising purposes. All faces of the sign shall be counted in computing the area. Any neon tube, string of lights or similar device shall be deemed to have minimum dimensions of one foot.
SIGN, BUSINESSA sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or a "to let" sign relating to the property on which it is displayed shall be deemed a business sign.
SIGN, DIRECTLY ILLUMINATEDA sign which incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent material, electricity or radio activated or gaseous material or substance.
SIGN, FLASHINGAn illuminated sign on which the artificial lighting is not maintained stationary or constant in intensity and color at all times while in use.
SIGN, ILLUMINATEDA sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
SIGN, INDIRECTLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, REPRESENTATIONALAny three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIPPossession of land under single, unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
STORYThat part of a building comprised between a floor and the floor or roof next above it. See "attic," "basement" and "cellar."
STORY, HALFThat portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREETAn existing public way or private way which affords principal means of access to abutting properties and is suitably improved, or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.
STREET WIDTHThe width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTUREA combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, including but not limited to the following: buildings, sheds, display stands, storage bins, signs, platforms, gasoline pumps, mobile homes, antennas or other transmitting or receiving devices, etc.
USEEmployed in referring to:
(1) The purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied.
(2) Any occupation, business activity or operation conducted or intended to be conducted in a building or other structure or on land.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VEHICLE, ABANDONEDAny motor vehicle, as defined by New York State Vehicle and Traffic Law, which does not have either a valid inspection sticker, valid registration or valid license, or which is in an otherwise physically inoperable condition, and which is furthermore stored, parked, deposited or otherwise located, in whole or in part, on any lot for a period of six months, or on any public street or on the property of another landowner if left without the permission of the landowner, pursuant to § 1224 of Now York State Vehicle and Traffic Law.
WAYA thoroughfare, however designed, permanently established for passage of persons or vehicles.
YARD, FRONTA yard extending across the full width of the lot and lying between the front line of the lot and the nearest point of the building.
YARD, REARA yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.
YARD REQUIREDThat portion of the open area of a lot, extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDEA yard situated between the building and the side line of a lot and extending from the front yard rear line, or from the front line if there is no required front yard, to the rear yard front line, or rear lot line.