The following words or phrases as used in this chapter are defined as follows:
ACCESSORY DWELLING UNITA second dwelling unit either in or added to a one-unit dwelling, or in a separate accessory structure on the same lot as the principal structure, for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be clearly accessory and incidental to the principal dwelling.
ADULT USE AND ENTERTAINMENT ESTABLISHMENTSA public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless servers, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear exotic or erotic pasties or G-strings or both; adult arcades, adult bookstores or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age and are those businesses defined as follows:
A. ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, computer programs, videotapes or compact disks, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, other periodicals, and any other similar paraphernalia, or other devices and paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical areas or an establishment that causes the exclusion of minors by reason of age.
B. ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food, nonalcoholic beverages and/or alcoholic beverages, which features topless dancers, entertainers, or male or female impersonators, who remove most or all of their clothing to reveal gender-related portions of the anatomy, or similar entertainers.
C. ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical areas for observation by patrons therein.
AGRICULTURAL USE, COMMERCIALAn agricultural use, general, that involves over 300 mammals and/or 1,000 fowl or is a concentrated animal feeding operation (CAFO) as defined by the New York State Environmental Conservation Law. (Refer to §
525-33, Special requirements for restrictions.)
[Added 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
AGRICULTURAL USE, COMMERCIAL STABLEAny use that involves horses, donkeys, mules, llamas, alpacas, or any similar animals for any related business purpose and/or for compensation, and/or incidental to the operation of any club, association or similar establishment. (Refer to §
525-33, Special requirements for restrictions.)
[Added 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
AGRICULTURAL USE, GENERALThe production, keeping or maintenance of plants and animals, 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, llamas, alpacas, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees, forest products and forestry uses; and fruits of all kinds, including grapes, nuts, berries and vegetables, unless regulated by other sections of this chapter. Agricultural uses shall not include vegetable or flower gardens where the produce is for personal use and the products are not for sale. (Refer to §
525-33, Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
AGRICULTURAL USE, INDUSTRIALAny milk processing plant; feed storage supply facility; farm machinery or equipment sales and service facility; storage and processing facility for fruits, vegetables and other agricultural products; or similar use directly and customarily related to the supply and service of an agricultural use. Agricultural use, industrial, does not include on-farm production, preparation or marketing of crops, livestock and livestock products incidental to a general agricultural use or commercial agricultural use. (Refer to §
525-33, Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
AGRICULTURAL USE, PERSONALAny agricultural use, general, with a maximum combined total of not more than five livestock animals, except for horses as set forth in § 525-33{A)(3), and not more than 25 fowl, and if the use includes the sale of agricultural products, plants and animals as defined in "agricultural use, general," those agricultural products for sale must be produced on the lot and such agricultural products shall only be sold from a single on-site temporary roadside stand or off-site market. Except for the sale of animals as defined in "agricultural, commercial stable," as such use or related sale shall follow requirements for agricultural, commercial stable. (Refer to §
525-33 Special requirements for restrictions.)
[Amended 9-11-2018 by L.L. No. 2-2018 (Res. No. 153-2018)]
AIRPORTAny lot or other facility designed to be used and/or operated either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings.
ALTERATIONAny change, rearrangement, addition or enlargement to a building, other than repairs, and any modification in construction.
ALTERNATIVE DWELLING PARKAny existing trailer or mobile home park, previously approved under the provisions of an applicable local law or ordinance.
AMUSEMENT GAME CENTERA continuous commercial use in which six or more mechanical, electrical or electronic machines or devices are used or designed to be operated for entertainment or as a game and are either activated by the insertion of a coin, token, etc., or for their operation or use of which a charge is made.
ANTIQUE SHOPAny premises used for the sale or trading of articles of which 80% or more are over 50 years old or have collectible value.
APPLICANTThe owner of a parcel on which a development is proposed, and the developer of such parcel.
AQUIFERAn area consisting of saturated, permeable geologic material capable of yielding water to wells and springs.
ATTICThat space of a building which is between the top of the uppermost floor construction and the underside of the roof. (See "story.")
BASEMENTAny space of a building which is partly below finished grade but having more than 1/2 of its height measured from floor to ceiling above average finished grade. (See also "cellar.")
BED-AND-BREAKFASTA building containing a single operator-occupied dwelling unit in which at least one, but not more than four, sleeping rooms are provided by the owner for compensation, for the accommodation of transient guests, with no more than one meal served daily, and the entire service is to be included in one stated price.
BOARDINGHOUSEA building, other than a hotel, containing a general kitchen and a general dining room, in which at least three, but no more than six, sleeping rooms are offered for rent, with or without meals, to nontransient guests. A "lodging house" or "rooming house" shall be deemed a boardinghouse.
BUFFERAn area of land forming a visual and/or physical separation or barrier between two uses. In the case of a visual barrier, the land shall be covered with natural plantings or man-made material to provide a continuous physical screen preventing visual access and reducing noise.
BUILDINGAny structure which is wholly or partially enclosed within exterior walls, 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 AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, including open or enclosed porches, attached carport or garage but exclusive of terraces and uncovered steps. Such horizontal area of each building is the area within and circumscribed by the exterior faces of the outer walls and/or architectural elements of the building.
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 HEIGHTThe vertical distance measured from the average finished grade to the highest point and to the mean height between the eaves and ridge for a pitched, gable, hip, gambrel and mansard roof.
BUILDING LINEThe line established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, as specifically provided in Article
V, §
525-24, of this chapter. In the instance of a cantilevered section of a building or projected roof or porch, the building line shall be measured from the most projected surface.
BUILDING, ACCESSORYA detached building subordinate to a principal building, used for purposes customarily incidental to use of the principal building.
BUILDING, PRINCIPALA building in which is conducted the main, primary or principal use of the lot on which said building is situated.
BULKA term to describe the size, volume, area and shape of 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 of all open spaces required in connection with a structure or lot.
BULK STORAGEMaterials stored in large quantities which are dispensed in smaller units for use or consumption as regulated by the New York State Department of Environmental Conservation.
BULK, NONCONFORMINGThat part of a structure or tract of land which does not conform to one or more of the applicable density control and bulk regulations of this chapter, either following its effective date or as a result of a subsequent amendment thereto.
CAMPGROUNDA property used for the parking of occupied travel trailers and/or tents or other shelters as temporary residences.
CAR WASHA building, premises or portions thereof where vehicles are washed either by the patron or others using machinery and mechanical devices specifically designed for this purpose.
CELLARThat nonhabitable space of a building that is partly or entirely below average finished grade, which has more than half its height, measured from the floor to the ceiling, below the average established curb level or finished grade of the ground adjoining the building. (See also "basement.")
CHURCH or PLACE OF WORSHIPA building or premises primarily used for regular public worship by members or representatives of a religious sect, group, or organization as defined by state statute, and including any accessory uses.
CLUB, MEMBERSHIPA certified, not-for-profit organization catering exclusively to members and their guests, or premises and buildings for recreational, educational, or athletic purposes which are conducted for or primarily by members and their guests, for which a membership or similar fee is paid.
COMMERCIAL VEHICLEAny vehicle with a net vehicle weight of five tons or more and/or more than three axles, or a trailer longer than 24 feet zero inches, used for the transportation of persons or goods primarily for gain. This definition shall include the "tractor" portion of a tractor-trailer rig.
CONDOMINIUMA building, or group of buildings, in which residential, commercial or industrial units are owned individually while the structure, common areas and facilities are owned jointly by all the owners on a proportional basis.
CONSULTED AGENCIESIncludes but not be limited to the following: Code Enforcement Officer, Town Highway Superintendent, Fire Departments, Chemung County Sewer District No. 1, Chemung County Department of Public Works, other local and county officials, designated private consultants, and representatives from federal and state agencies, including, but not limited to, the Soil Conservation Service, the Department of Transportation, and the Department of Environmental Conservation.
CONTRACTOR'S EQUIPMENT YARDAny lot used for the storage or keeping of construction equipment, machinery, or vehicles, or parts thereof, whether inside or outside a building.
CONVALESCENT HOMEA building used for accommodation and care of persons receiving nonskilled, long-term care, meeting the New York State Department of Social Services (NYSDSS) definition of a "proprietary" facility. (See also "nursing home.")
CONVENIENCE FOOD MARTA commercial retail use that combines two principal uses on a single parcel: the sale of motor vehicle fuel and accessory substances, as well as the sale of groceries.
COVERAGEThat lot area or percentage of lot area covered by buildings, including accessory structures and all other impervious surfaces.
CRAFT SHOPAny business establishment that produces on the premises articles for sale of artistic quality or effect or handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting and other associated activities.
CREMATORYA location containing properly installed and certified apparatus intended for use in the act of cremation.
DAY-CARE CENTERA place which provides day care of children or adults as defined and regulated by NYSDSS regulations. The name, description, or form of the entity which operates a day-care center shall not affect its status as a day-care center. The term "day-care center" shall not refer to care provided in:
A. A day camp as defined in the State Sanitary Code (10 NYCRR Chapter I).
B. An after-school program operated for the primary purpose of religious education.
C. A facility:
(1) Operated by a public school district; or
(2) Providing day services under an operating certificate issued by the Department of Mental Health.
DAY-CARE, FAMILY HOMEA program caring for children for more than three hours per day per child, in which child day care is provided in a family home for three to six children.
DAY-CARE, GROUP FAMILY HOMEA program caring for children for more than three hours per day per child, in which child day care is provided in a family home for seven to 12 children of all ages, except for those programs operating as a family day-care home, which care for seven or eight children. A group family day-care program may provide child day-care services to four additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
DECKA flat roofless platform structure attached to a principal structure. For purposes of the setback requirements of this chapter, a deck is considered part of the structure to which it abuts and/or is attached.
DEVELOPERAny entity or person undertaking a proposed development.
DEVELOPMENTAny man-made changes to improved or unimproved real estate, including, but not limited to, the construction or reconstruction of buildings, construction of tanks or other storage facilities, pumps, pumping stations, waste treatment or disposal facilities or commercial excavation, dredging, filling, mining, or grading.
DISTRIBUTION CENTERA use where goods are received and/or stored for delivery to the ultimate customer at remote locations.
DISTRICTThat mapped portion of the Town within which specific uses are permitted according to the designation applied thereto in Article
III and in conformity with the provisions of this chapter.
DRIVE-THROUGH USEAny commercial or business activity which incorporates as a principal or accessory feature a service window, booth or other like arrangement on the exterior of the building or structure designed primarily for drive-through or carry-out service.
DRIVEWAYAn improved way providing ingress and egress to a lot from a public road.
DUMPSee "solid waste disposal facility."
DWELLING UNITOne or more rooms connected together, consisting of a separate, independent housekeeping establishment for owner occupancy, rental or lease, and containing independent cooking, living, sanitary and sleeping facilities. This shall include mobile homes and factory-manufactured units, provided that they meet the standards of this chapter and the Uniform Fire Prevention and Building Code, as may be hereafter amended. It shall not include motel, hotel, boardinghouse and lodging establishments.
DWELLING, IN-GROUNDA dwelling that is constructed principally below the finished average grade elevation of the lot on which it is located and with at least one wall open for a height of at least six feet and/or which provides for special light, ventilation and egress designs.
DWELLING, MULTIUNITA building containing three or more dwelling units with shared or individual entrances and shared or individual other essential facilities and services.
EVENTS CENTERThe use of land or structures for private gatherings and events not open to the general public, such as, but not limited to, weddings, parties, and other similar events, where compensation is paid to the property owner for said use.
[Added 9-8-2020 by L.L. No. 2-2020 (Res. No. 134-2020)]
EXTRACTION, COMMERCIALExtraction of an amount greater than 1,000 tons or 750 cubic yards of earth material during a period of 12 successive months [the threshold above which a permit is required pursuant to the New York State Mined Land Reclamation Law (Environmental Conservation Law Article 23, Title 27) as of June 27, 2005], for commercial purposes such as gravel pits, rock quarrying, stripping of topsoil, subsoil removal, and/or removal of such materials for sale, other than what may be required for the erection of buildings.
EXTRACTION, PRIVATEExtraction of an amount equal to or less than 1,000 tons or 750 cubic yards of earth material during a period of 12 successive months [the threshold above which a permit is required pursuant to the New York State Mined Land Reclamation Law (Environmental Conservation Law Article 23, Title 27) as of June 27, 2005], for commercial purposes such as gravel pits, rock quarrying, stripping of topsoil, subsoil removal, and/or removal of such materials for sale, other than what may be required for the erection of buildings.
FACTORY-MANUFACTURED HOMEA dwelling unit constructed off site, consisting of one or more segments and designed to be permanently anchored to and supported by a foundation, to become a fixed part of the real estate. Such dwelling unit shall bear an insignia of approval issued by the Division of Housing and Community Renewal of the State of New York.
FAMILYA household consisting of a single housekeeping unit occupied by one or more persons (see New York State Uniform Fire Prevention and Building Code).
FENCEAn artificially constructed, freestanding structure or barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.
FILLING STATION, MOTOR VEHICLEA building or other structure or a tract of land with pumps and storage tanks used primarily for the storage and sale of gasoline or other motor fuels and for other uses accessory thereto. The sale of lubricants, accessories, or supplies and the repair of motor vehicles (which does not require mechanical equipment) are permitted accessory uses.
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 buildings and other structures or for other purposes shall be the average elevation of all finished grade elevations around the periphery of the building.
FLEA MARKETA building or open area in which stalls or sales areas are set aside and rented or otherwise provided for at least five days per month, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. Rummage sales and garage sales are not considered to be flea markets.
[Amended 8-9-2016 by ordinance (Res. No. 153-2016)]
FLOOR AREAThe aggregate sum of the gross horizontal area of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating the buildings.
A. The floor area of a building or buildings shall include:
(2) Elevator shafts and stairwells at each floor.
(3) Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(5) Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet six inches or more for at least 50% of the area.
(6) Interior balconies and mezzanines.
B. However, the floor area of a building shall not include:
(1) 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.
(2) Elevator and stair bulkheads, accessory water tanks, and cooling towers.
(3) Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
(4) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches for 50% of the area.
(5) Uncovered steps and/or exterior fire escapes.
(6) Terraces, breezeways, open porches, and outside balconies and open spaces.
FOOTPRINTThe perimeter of a structure at ground level as depicted at a specified scale on a drawing.
FUEL BULK-STORAGE TERMINALThe area used for the temporary storage of large quantities of fuel for transfer to trucks, train cars or other forms of transportation.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation; funeral homes do not include crematories.
GARAGE, PRIVATEA carport or enclosed structure, whether accessory or attached to the principal structure, for use by the inhabitants of the structure for the storage of vehicles, boats, and/or other personal property.
GROSS FLOOR AREAA square-foot number representing the entire area of a building, including all stories, common areas, storage, mechanical areas, and space occupied by interior structures and partitions, excluding basement area.
GROSS VEHICLE WEIGHT RATING (GVWR)The maximum operating weight of a vehicle as specified by the manufacturer and typically posted on a vehicle's left door or doorframe. Neither the actual vehicle weight nor the registration weight shall be used to determine GVWR.
GROWN ON THE PREMISESProduce resulting from the tillage of the soil of the premises or produced naturally from trees or vines growing in or on the soil of the premises, or grown for a majority of the life of the produce in a greenhouse on the premises.
HELIPORTAny lot or other facility designed to be used and/or operated either publicly or privately by any person for the landing and taking off of helicopters, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings.
HOME OCCUPATIONA business conducted as an accessory use, which is customarily incidental to, or secondary to, the residential use of a dwelling unit and does not change the character thereof. A home occupation shall be carried on wholly within the enclosed walls of a dwelling unit by the business proprietor of such use, who shall be an occupant of such dwelling unit, and other occupants of such dwelling unit or any accessory dwelling unit.
HOSPITALAn institution for the full-time care and treatment of the sick and injured, equipped with the technical facilities, medical, nursing and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which requires bed care. Source: § 206-a, Public Health Law.
HOTEL or MOTELA building and/or buildings, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances, and which may or may not include dining and/or meeting facilities. This term shall not be deemed to include a bed-and-breakfast or a boardinghouse.
HOUSE TRAILERA transportable, factory-built structure designed to be used as a year-round dwelling unit and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
IMPROVEMENTPrivate driveways, county sewer, Town and domestic water supply, stormwater management system and its components, traffic control devices, roadway improvements and other such facilities as proposed on a site plan, inasmuch as the responsibility for maintenance is that of a public entity.
INCIDENTAL, CUSTOMARILYFor purposes of the definitions of "accessory use" and "accessory structure," a structure or use which commonly accompanies or is associated with the type of principal land use that is located on the same property. For purposes of this code, the term "incidental" means that the accessory use or accessory structure is minor or subordinate to the principal land use.
INDUSTRIAL USEAny activity conducted in connection with the manufacture, assembly, disassembly, fabrication, resource recovery, storage or processing of materials or products, all or any part of which is marketed off the premises or marketed to other than the ultimate consumer.
INDUSTRY, COTTAGEAny small-scale business conducted as an accessory use, which is customarily incidental to or secondary to the residential use of the dwelling unit and does not change the character thereof, conducted either in the dwelling unit or the accessory building(s), by the business proprietor of such use, who shall be an occupant of the dwelling, other occupants, and up to a maximum of three employees.
INNA building containing a one-unit dwelling in which at least five but not more than 12 sleeping rooms are provided by the owner for compensation, for the accommodation of transient guests, with no more than one meal served daily, and the entire service included for a stated price.
KENNELAny premises maintained for animals wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs, cats, ferrets and similar mammals.
KINDERGARTENAny place operated on a regular basis for the purpose of providing state-certified instruction for children at least five years of age by December 1 of the entry year and no older than six years of age by the same date. The term "school" includes kindergarten.
LARGE TREE(S)A live deciduous tree that is a minimum of 12 inches in diameter at breast height (dbh).
LIVE-WORK UNITA lot that contains a dwelling unit and one or more business or commercial uses in a single building.
LOTA measured unit of contiguous land, whether improved or unimproved, having fixed boundaries and designated on a plat or survey devoted to a specific use or occupied by a building or a group of buildings united by a common interest, use or ownership, which abuts and is accessible from a private or public road and is not divided by a watercourse, existing road, or public right-of-way.
LOT AREAThe total area within the lot boundary lines, excluding any area included in a right-of-way and any area within 25 feet of the center line of a private road.
LOT LINEThe line bounding a lot defined herein.
LOT LINE, FRONTA lot line which is coincident with the right-of-way line of a public road or which is measured 25 feet from the center line of a private road.
LOT LINE, REARA lot line which is coincident with the line bounding the rear yard of a lot.
LOT WIDTHThe width of a lot measured along the minimum front yard setback.
LOT, CORNERA lot situated at the junction of and adjacent to two or more intersecting roads when the interior angle or intersection does not exceed 135°.
LOT, DEPTH OFThe mean distance from the front lot line to the rear lot line.
LOT, THROUGHA lot which faces on two roads at opposite ends of the lot and which is not a corner lot.
MALLA building or building group containing a combination of three or more separate business and/or industrial uses.
MEDICAL CLINICA place where medical or dental care is furnished to persons on an outpatient basis by two or more physicians who have common offices in a building which may also offer laboratory, medical procedures, and testing facilities to patients on an outpatient basis and not just in conjunction with normal clinic services.
MOBILE HOMEA dwelling unit bearing a seal issued by the Federal Department of Housing and Urban Development that is manufactured as a relocatable living unit, which is designed to be transported on a single permanent chassis and to be installed on a site with or without a permanent foundation when connected to utilities. This does not include Department of Motor Vehicle registered recreation vehicles, travel trailers or dwelling units that are prebuilt in one or more parts and transported to and assembled on a permanent foundation.
NOTICE OF COMPLIANCEA notice issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building and/or land. The notice shall acknowledge completion of all requirements of this chapter, any conditions of approval attached to such use by the authorized Board, and any adjustments thereto granted by the Zoning Board of Appeals. The notice is a permit to occupy and use the structure and/or lot in accordance with the approval.
NURSERY, PLANTSA building or structure and lands for the growing of flowers, fruits, vegetables, plants, shrubs, trees or other similar vegetation, together with garden accessories, which are sold at retail from such building or lot to the general public.
NURSING HOMEA skilled nursing care facility as defined by the New York State Department of Social Services regulations, as may be amended from time to time.
OFFICE, GENERAL BUSINESSA nonretail office or agency providing service to the general public or other offices and agencies, such as insurance brokers, real estate and/or travel agents, computer programming, consulting organizations, etc.
OFFICE, PROFESSIONALAn office principally occupied by a professional licensed by the State of New York, such as a lawyer, engineer, architect, accountant, physician, dentist, or similar occupation.
PARK, ALTERNATIVE DWELLINGA contiguous parcel of land owned by a person on which two or more mobile homes of less than 1,200 square feet and/or having an overall exterior dimension of less than 20 feet, or two or more one-unit dwellings of less than 1,200 square feet and/or having an overall exterior dimension of less than 20 feet, are located.
PARKING LOTAny tract of land, the principal use of which is the storage of motor vehicles not as accessory to any other use on the same or any other lot and which may contain parking space rented to the general public or reserved for a group of individuals by the hour, day, week, month or year.
PARKING SPACEAn off-road space available for parking one vehicle, not including the maneuvering area and access drives thereto.
PERSONAL SERVICE ESTABLISHMENTA nonretail business principal use providing services related to an individual's care and upkeep needs, and/or the care and upkeep of personal attire, such as a barber, beautician, tailor, tattoo, body piercing, massage, tanning salon or pedicure/manicure services.
PREMISESA lot, including any uses thereon.
PRESS PUBLISHINGThe occupation, business, or activity of preparing and issuing books, journals, and other material for sale.
PUBLIC SEWERSA wastewater collection and/or treatment facility owned and operated by a public agency or private organization.
RECREATIONAL USE, COMMERCIALAny business establishment, however designated, whose primary use is an outdoor recreational activity, such as miniature golf, golf, baseball, swimming, and/or any similar sport activity.
RESEARCH FACILITYAn industrial use that primarily involves research, testing, and/or product development rather than the production or manufacture of a product.
RESIDENTIAL CLUSTER DEVELOPMENTA subdivision approved in accordance with the provisions of Article
VI of this chapter, where the Planning Board may modify the applicable bulk provisions of this chapter without changing the overall density on the parcel.
RESTAURANT, FAST-FOODAny business establishment where food and/or beverages are sold in a form ready for consumption and where, by design or packaging techniques, a significant portion of the consumption may take place outside the confines of the building.
RESTAURANT, STANDARDAny business establishment, however designated, whose primary use is preparation and sale of food for consumption to patrons seated within an enclosed building or on the premises.
RETAIL USEA business or commercial use or activity involving primarily the sale of merchandise or stock-in-trade to the public which may include some fabrication on premises of merchandise/materials that are sold on the premises.
RETAIL USE, SPECIALTY LOW-PROFILEA retail use that, by the nature and/or size of the activity, merchandise or stock sold, is not anticipated to generate significant vehicular and/or pedestrian traffic at any given time.
RIGHT-OF-WAYThe property under public control, ownership, easement, by deed or use by law normally used for movement of vehicles and/or persons, including, but not restricted to, any paved area.
ROADAn existing public or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on the Official Map and recorded in the office of the County Clerk.
ROAD, LOCALA road designed primarily to provide access to abutting properties.
ROAD, MARGINAL ACCESSThose roads which are parallel to and adjacent to primary roads and highways and which provide access to abutting properties and protection from through traffic.
ROAD, PRIMARYA road which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic areas.
ROAD, PRIVATEA drive that services or is designed to serve no more than two principal uses and is built to Town specifications, that remains in the ownership of and is maintained by the developer or development association and is not dedicated to the Town.
ROAD, PUBLICA road that serves three or more principal uses, that is built to Town specifications and is dedicated to the Town for maintenance.
ROAD, SECONDARYA public road which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a primary road.
ROADSIDE STANDA use, with or without a structure, that is accessory to a principal use, not for year-round use and at which agricultural produce grown on the premises is offered for sale to the general public.
SALVAGE YARDAn area of land, with or without buildings, used for or occupied by the storage, the keeping, or the salvage of junk material, including processing, such as sorting, baling, packing, disassembly, exchange and/or purchase and sale of materials, and including scrap metals or other scrap, used or salvaged building materials, or the dismantling or demolition of automobiles or other vehicles, household appliances, machinery or parts thereof, with the exception of agricultural machinery.
SCHOOL, PRIVATEAn elementary or secondary school facility as established by a person other than public school authorities, giving instruction in the 10 common branches of arithmetic, reading, spelling, writing, the English language, geography, history, civics, hygiene and physical training, registered and/or certified under the regulations of the Commissioner of the New York State Department of Education or chartered by the Board of Regents of the University of the State of New York.
SEASONAL BUSINESSAn accessory use that involves the sale of seasonal products appropriate to the season for a period of time not to exceed six weeks in any six consecutive calendar months.
SEASONALLY USED RECREATIONAL VEHICLEA travel trailer, camping vehicle, fifth-wheel trailer, slide-in camper, or any other manufactured unit commonly known as a "recreational vehicle," other than a motor home, that is an accessory use on private property and is maintained in a roadworthy condition and is occupied not less than once in each calendar year.
SETBACKThe required distance in feet from:
A. Any survey boundary forming a lot or contiguous parcel.
B. The right-of-way of a public road.
C. A distance measured 25 feet from the center line of a private road.
SIGNAny letter, number, mark, symbol, figure, picture, exemplary devices and/or banner positioned in near spatial relationship as a collection and/or aggregation thereof, expressing an idea, instruction, product, commodity, business, service and/or other entertainment, and which includes any surface area or portion of a structure in immediate proximity to and to which such symbol is attached, or such structure designed or intended to be in immediate proximity to and to have such symbol attached thereto.
SIGN AREAThe area within the fewest and shortest straight 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. A single face of a sign shall be counted as part of the sign area, except that any neon tube, string of lights, or similar device shall be deemed to have minimum dimensions of one foot within a sign.
SIGN, ACCESSORYA sign, other than the principal business sign, which relates to the business or profession conducted or to a good or service sold or offered for sale on the premises.
SIGN, ADVERTISINGA sign that directs attention to a business, good, service or entertainment conducted, sold, or offered elsewhere than on the premises, and only incidentally on the premises, if at all.
SIGN, DIRECTIONALA sign that directs travelers to essential services, such as gas, food and lodging.
SIGN, DIRECTLY ILLUMINATEDA sign that incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent materials or electricity or radioactivated 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 that:
A. Is 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; and
B. Has any illumination elements that function to attract attention as a sign expressing an idea, instruction, product, commodity, business, service and/or entertainment.
SIGN, INDIRECTLY ILLUMINATEDA sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
SIGN, OFF-PREMISESA 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. (See also "billboard.")
SIGN, PORTABLEAny sign that is not permanently affixed to the ground or another structure and is capable of being easily transported or moved by the property or business owner.
SIGN, PRINCIPAL BUSINESSThe primary sign or signs which include the business name and direct attention to a business or profession conducted on the premises.
SIGN, REPRESENTATIONALAny three-dimensional sign which is built so as to physically represent the object advertised.
SINGLE OWNERSHIPPossession of a lot under control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 10 years, regardless of any division of such land into parcels, at the time of submittal of a site plan application.
SITE PLANMaps and supporting information required pursuant to Article
VIII for uses specified in the Use Regulation Table.
SOLAR COLLECTORA device, or combination of devices, structure or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes to a structure's energy supply, and components for containing and supporting such device.
SOLAR COLLECTOR, DETACHEDA solar collector, as defined herein, physically detached from the structure for which solar energy is to be supplied.
SOLAR ENERGY SYSTEMA complete design or assembly consisting of a solar energy collector (herein called a "solar collector"), an energy storage facility (where used) and components for the distribution of transformed energy (to the extent that they cannot be used jointly with a conventional energy system). Passive solar energy systems which fulfill any other functions are not included in this definition.
SOLAR REFLECTORA device for which the sole purpose is to increase the solar radiation received by the solar collector.
SPECIALIZED REPAIRA building or premises used primarily for the indoor repair of highly technical, specialized equipment, such as electronic equipment, electrical systems, computer systems and circuits, and other similar operating and support systems. A use that is primarily devoted to the general mechanical and body repair of motor vehicles and/or small engines shall not be deemed to meet this definition.
STABLE, COMMERCIALAny establishment where horses, donkeys, mules, or similar animals are kept for training, riding, driving or stabling, for compensation, or incidental to the operation of any club, association or similar establishment.
STABLE, PRIVATEA building accessory to a residential use, in which horses, cows, sheep and/or other large mammals are kept for private use and not for remuneration.
STORAGE FACILITYA building or grouping of buildings designed and constructed for the common, long-term and/or seasonal interior storage of individual or business property, whether partitioned or not. The wholesale storage and/or transfer of goods by commercial enterprises shall not meet this definition.
STORAGE FACILITY, MINI-UNITA storage facility that is constructed such that it is divided by interior walls and each unit for rent has a separate exterior entrance.
STORAGE UNIT, TEMPORARY OR PORTABLETransportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis.
STORY, HEIGHT OFA. The height in stories of a building shall be determined from the datum established by the average elevation of the finished grade adjoining the exterior walls of a building or structure, where such walls face legal open space or abut other open space which is level for 10 feet or more. Areaways, driveways and entrances of abrupt change in elevation totaling 10% or less of the length of the wall shall not be included in determining the average elevation.
B. The following locations shall not be deemed to be a story:
(1) A basement where the finished floor immediately above is less than seven feet above the average elevation of the finished grade as described in this section;
(3) An attic not meeting the requirements for habitable space;
(4) Roof construction enclosing stairs or equipment other than elevators, provided that they are less than 12 feet in height and do not occupy more than 30% of the area of the roof on which they are located, and elevator hoistway and elevator machine rooms;
(5) For one- and two-family dwellings, a mezzanine with a floor area less than 1/3 of the floor immediately below;
(6) For multiple dwellings, a mezzanine with a floor area less than 5,000 square feet and less than 1/3 of the floor area space wherein the mezzanine is contained; or
(7) For general building construction, a mezzanine with a floor area less than 10,000 square feet and less than 1/3 of the floor area space wherein the mezzanine is contained.
STREAMAny perennial or intermittent watercourse as identified on USGS maps with a solid blue line for perennial streams and with a dotted blue line for intermittent streams.
STREAM BANKThe land area immediately adjacent to and which slopes toward the bed of a stream and which is necessary to maintain the integrity of a stream. A stream bank will not be considered to extend more than 50 feet horizontally, from the mean high-water line, with the following exception: Where a generally uniform slope of 45° or greater adjoins the bed of the stream, the stream bank is extended to the crest of the slope or the first definable break in slope, either a natural or constructed (i.e., road or railroad grade) feature, lying generally parallel to the stream.
STRUCTUREA static construction of building materials, framed of component structural parts, for occupancy or use, including, but not limited to, buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, reviewing stands, and gasoline pumps.
STRUCTURE, ACCESSORYA structure detached from, on the same lot, and subordinate to a principal structure, used for purposes customarily incidental to those of the principal structure. Accessory structures include, but are not limited to, portable, removable or permanent enclosures, shade structures, carports, garages and storage sheds.
STRUCTURE, PRINCIPALA structure in which is conducted the main or principal use of the lot on which said structure is situated. Such structure(s) includes any open or enclosed porch, carport, garage, or similar structure attached to such structure.
TOWNHOUSEA multiunit dwelling having separate external entrances to each unit and common vertical party walls.
TRANSIENT GUESTAny person who shares a dwelling unit on a nonpermanent basis for not more than 30 days (Chapter I, Title 10, Part 21, New York State Sanitary Code).
TRAVEL TRAILERA registered vehicle which is used or designed to be used for seasonal and/or temporary living or sleeping purposes, and which is customarily standing on wheels or rigid supports. A recreational vehicle (RV) is also considered a travel trailer.
TRUCK TERMINALSA building or part of a building or premises used for the short-term storage and/or transfer of goods, wares and merchandise for the owner or others by truck transport.
USEIncludes the following:
A. The purpose for which any lot or structure may be arranged, designed, intended, maintained, or occupied; and/or
B. Any occupation, activity, or operation conducted in any structure or on a lot.
USE, ACCESSORYA use which includes all of the following:
A. Controlled by the person exercising the principal use;
B. Incidental and customarily associated with the principal use;
C. Located on the same lot with such principal use or building; and
D. Does not have any greater impact on the environment than the principal use.
USE, CULTURALA property whose principal use services the public, such as, but not limited to, museums, art galleries, and libraries in a public, private or nonprofit facility.
USE, EXTRACTIVEThe removal and sale of any soil, gravel or earth product from a property. Grading in preparation for site construction under approved plans by the appropriate Town entity, where earth material is moved on site or removed off site incidental to construction activities, shall not be deemed an extractive use.
USE, NONCONFORMINGA use of land, existing legally at the time of enactment of this chapter, that does not conform to the zoning regulations of the district in which it is situated.
USE, PRINCIPALThe main or primary permitted use of a lot or structure.
UTILITY, PUBLICAny public utility use, equipment or structure that is not a "major public utility use." A public utility use does not include any use subject to the jurisdiction of the Public Service Commission pursuant to Article
VII or Article
VIII of the Public Service Law.
VARIANCE, AREAAn authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
VARIANCE, USEAn authorization by the Zoning Board of Appeals for the use of land in a manner or for a purpose which is otherwise not allowed or prohibited by the applicable zoning regulations.
VEHICLE FILLING STATIONAn area of land, including structures thereon, or any building or part thereof, that is used primarily for the sale and direct delivery to the motor vehicle of fuel or oil and other lubricating substances, which may include as accessory uses sale of motor 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.
VEHICLE REPAIRA building or premises used for the general mechanical and/or body repair of licensed motor vehicles, including painting, and the accessory sale of related vehicle parts, maintenance products, and accessories. A junkyard or salvage yard is not to be considered as meeting this definition.
VEHICLE SALESA lot or structure for the display, sale, or lease of new or used automobiles, trucks, trailers, motorcycles, recreational vehicles, snowmobiles, boats, lawn and garden vehicles, and light industrial vehicles.
VEHICLE SALES AND REPAIR, HEAVY EQUIPMENTA lot or structure for the display, sale, lease or repair of new or used heavy construction equipment that is industrial in nature (such as backhoes, graders, dump trucks, and excavators) and/or large-scale agricultural equipment.
VETERINARY OFFICE OR HOSPITALA building for the treatment and/or examination of animal illness, including facilities for boarding animals receiving examination or treatment. This definition is deemed to include "animal hospital or clinic."
WAREHOUSEA building or premises used for the wholesale storage and/or transfer of goods by commercial or industrial enterprises.
WATERCOURSEAny river, stream or naturally occurring channel of water or any man-made culvert which flows directly into one of the aforementioned.
WIND FARMA principal use that incorporates one or more wind energy conversion systems on a lot for the sole purpose of generating electric power for sale to utility companies.
YARD, FRONTAn open area extending equidistant between a front lot line and the rear line of a minimum front yard setback and projecting to the side lot line(s).
YARD, REARAn open area extending equidistant between the rear lot line and the minimum rear yard setback and extending the full width between the minimum side yard setbacks.
YARD SALEAll sales entitled "yard sale," "garage sale," lawn sale," "attic sale," "rummage sale," or any other similar casual sale of tangible personal property whereby there is a display and offer for sale of any goods, wares or merchandise, on the premises of any residential lot within the Town of Southport, which goods, wares or merchandise offered for sale are the household furnishings or personal possessions of the persons conducting the sale and residing at the premises. The term "yard sale" shall not include household auctions or estate sales conducted by professional auctioneers.
[Added 8-9-2016 by ordinance (Res. No. 153-2016)]
YARD, SIDEAn open area extending equidistant between the minimum side yard setback and the side line of a lot and extending from the rear line of the front yard to a lot line opposite to the front lot line.