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Trenton Town City Zoning Code

ARTICLE II

Definitions and Usage

§ 300-4 Word usage.

For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows:
Words used in the present tense shall include the future.
The singular number includes the plural, and the plural the singular.
The word "lot" includes the word "plot" or "parcel."
The word "person" includes a corporation, partnership, association or organization as well as an individual.
The word "building" includes the word "structure."
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "built, arranged or designed to be used or occupied."
The word "shall" is mandatory.

§ 300-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
Any stationary tank which is not entirely covered with earth or other backfill material.
A use customarily incidental and subordinate to the principal use or building, including an accessory apartment or guesthouse under the condition that the total living space does not exceed 50% of the principal building.
Commercial operation, including a building or portion of a building, used for adult entertainment, including an adult bookstore, for the barter, rental or sale of items consisting of, but not limited to, printed matter, pictures, slides, records, audio tapes, video disks, videotapes, motion-picture films, if such building or portion of a building is not open to the public generally but only to one or more classes of public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of sexual activities or sexual anatomical bodily areas; adult cabaret, for dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation display, depiction or description of sexual activities or sexual anatomical bodily areas; adult theatre, for viewing of motion pictures, videos, mini-movies or other such film in a building or portion of a building if such building or portion of a building excludes minors by virtue of age, if items displayed are distinguished or characterized by an emphasis on the presentation, display, depiction or description of sexual activities or sexual anatomical bodily areas; adult personal services, for modeling, massage, body rub (exclusive of licensed therapeutic massage), viewing or other contact and/or non-contact personal service in a building or portion of a building if such building or portion of a building excludes minors by virtue of age, if activities are distinguished or characterized by an emphasis on the presentation, display, depiction or description of sexual activities or sexual anatomical bodily areas.
The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation as defined in Subdivision 13 of § 301 of the New York State Agricultural Districts Law[1] and timber processing as defined in Subdivision 14 of § 310[2]. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
[Amended 10-2-2008 by L.L. No. 3-2008]
Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
A commercial or volunteer enterprise specializing in providing emergency and nonemergency transportation for individuals to and from health-care facilities, hospitals and other care facilities.
Veterinary and/or medical care facility established for the medical care of domestic pets and animals.
A system of electrical conductors that transmits or receives radio frequency waves. Such waves shall include but not be limited to radionavigation, radio, television, wireless and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.
A geologic formation, group of formations or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to wells or springs.
A building, structure or enterprise for the commercial repair of automobiles and trucks, including collision repair.
[Amended 9-26-2012 by L.L. No. 10-2012[3]]
A building, structure or enterprise for the commercial retail display, and sales of automobiles and trucks and the service of same as defined by "auto body shop/collision shop."
[Amended 9-26-2012 by L.L. No. 10-2012]
A commercial enterprise for the purpose of sale and/or service of a wide range of vehicles such as automobiles, farm implements and equipment, recreational vehicles.
A commercial enterprise for the purpose of baking and/or sales of breads, pastries and other baked goods.
A commercial banking operation, credit union or other financial institution specializing in providing drive-in and/or walk-in financial savings, investment and loan services to the general public and/or its members. Note: "Drive-in banks" specialize in customers using drive-up lanes only.
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
An existing single-family dwelling that is the primary residence of the owner and in which the owner provides room and board to guests for pay. A bed-and-breakfast home may contain no more than four guest bedrooms, none of which may be rented for terms of more than seven consecutive days to the same party. A bed-and-breakfast home use does not include the provision of facilities for hire for banquets, parties, weddings, public or private meetings or the like.
See "rooming house or boardinghouse."
Building established for housing bowling lanes, and ancillary related uses.
Any roofed structure intended for the shelter, housing or enclosure of persons, animals or property. When a building is divided into entirely separate parts extending from the ground up, each part so divided is deemed a separate building. "Building" shall not mean motor vehicles, buses, vans, vehicular trailers or any other unit designed for or primarily intended for use on roads or highways. "Building" shall not mean temporary portable housing as defined herein.
The total ground floor area of a principal building and accessory buildings, exclusive of uncovered porches, steps and terraces.
That portion of the plot or lot area covered by a building or buildings.
A line parallel to the front, side and rear property lines, respectively, beyond which a structure may not extend as determined by this chapter.
A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
A building surrounded by open space on all sides on the same lot.
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
The vertical distance measured from the established grade at the street center line or, alternatively, measured from the average level of the proposed finished grade across the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gambrel roofs.
A building which has one of the following characteristics:
It is constructed off-site at a plant;
It is designed or constructed to be transported to the building site for use when connected to required utilities; or
It is an independent, individual building or a module to be combined with other components to form a building on the site.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A building for the purpose of conducting professional services such as law, engineering, land surveying, medicine, and related professions.
A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary portable housing, rooms or sleeping quarters of any kind of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise. The term "campground" may also apply to land and buildings used for any assembly of persons or what is commonly known as "day camp" purposes or "summer camp" whether or not conducted for profit and whether or not occupied by adults or by children either as individuals, families or groups.
[Amended 6-21-2007 by L.L. No. 11-2007]
Any parcel of land used for temporary occupancy by camping in tents, lean-to's, camp trailers, travel-trailers, motor homes, recreational vehicles or similar facilities.
[Amended 6-21-2007 by L.L. No. 11-2007]
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
Site established for the burial of human or animal remains in below- or above-ground burial structures.
Building and site established for the purpose of religious worship and related activities.
A nonprofit social, civic or recreational organization whose premises are restricted to its members or their guests and whose activities are not primarily for monetary gain, provided that there are not conducted on the premises any vending, merchandising or commercial activities, except as may be conducted to support the membership and purpose of such club. The sale or consumption of alcohol shall be restricted to club members and their guests.
A building to house a club or social organization which is 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 coin-operated laundry.
Commercial open pit or closed mine operation for the purpose of extracting, for sale, sand, gravel, stone, minerals and/or other earthen products.
A building and/or site established for the commercial sale of recreational activities such as athletic sporting events, racing competitions, and/or games of amusement.
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, may be permitted in certain zoning districts, according to the applicable standards, if specific provision for such conditional use is made in this chapter.
Any parcel or area of undeveloped land conserved in its natural state through deed or other legal means.
[Added 4-18-2013 by L.L. No. 3-2013]
Outdoor/indoor storage of construction-related equipment and materials for use in the construction industry.
A private or public establishment, licensed by the State of New York, which provides day care for five or more individuals enrolled by parents, guardians or another legally responsible party. This term also includes family day care and group day care.
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste, radioactive material, hazardous waste or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste or wastewater will remain on the land or water and will not be removed.
Portions of a lot defined by areas of lower land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up-gradient areas) to areas of lower elevation (down-gradient areas); see definition of "up-gradient."
A food and beverage sales establishment which caters to the motoring public through sales of traditional roadside fare such as hamburgers, hotdogs and ice cream and related snack food.
[Added 9-26-2012 by L.L. No. 10-2012]
A building or section thereof utilized for residential purposes providing complete housekeeping facilities, including living, sleeping, cooking and sanitary facilities, for one family. A dwelling shall include a sectional dwelling.
A manufactured building or portion of a building utilized or designed for residential purposes providing complete housekeeping facilities, including living, sleeping, cooking and sanitary facilities.
Any of the following:
A building or section thereof containing more than two separate dwellings.
A series of attached, detached or semidetached buildings which are provided as a group collectively with essential services and utilities and which are located on a lot, plot or parcel under common ownership.
A building or section thereof containing one dwelling, other than a mobile home or temporary portable housing. A one-family dwelling includes one-family manufactured dwellings and one-family sectional dwellings.
Two or more factory-finished units which are transported to the site where they are placed on a permanent foundation or basement and enclosed by material consisting of concrete, stone, brick or treated lumber, are joined to make a dwelling unit which is 20 feet or more in width and provides complete housekeeping facilities for year-round living and which meets the minimum standards set forth in the New York Uniform Fire Prevention and Building Code.
A building or section thereof containing two separate dwellings, other than a mobile home or temporary portable housing.
Commercial enterprise for the purpose of servicing mechanical and electrical systems.
Any activity which removes, drills through or significantly disturbs underground rock strata, extracts fossil fuels, disturbs vegetative cover, rock, gravel, sand, soil, or other natural deposits or involves depositing of earthen or man-made fill materials in excess of 18 inches depth.
[Amended 9-26-2012 by L.L. No. 10-2012]
An existing commercial enterprise for the purpose of repairing automobiles.
An existing commercial establishment for the purpose of providing primarily drive-up-style dining and refreshment.
An existing mobile home court.
One or more persons occupying the premises living as a single housekeeping unit.
Commercial enterprise established to display, sell and service farm-related equipment.
Mobile home established under the provisions of § 300-32 herein.
Commercial establishment for the purpose of storing, handling and selling domestic and wild animal feed.[4]
Areas of vegetation being cultivated by humans with the application of fertilizers, pesticides or other substances in order to grow or maintain its existence.
Any commercially produced mixture that contains phosphorus, nitrogen and/or potassium which is applied to the ground to increase nutrients to plants.
Trunks and branches of trees and bushes, but does not include leaves, needles, or vines.
[Added 11-12-2008 by L.L. No. 6-2008]
The delivery of a disproportionately large load of accumulated pollutants that are washed from impervious surfaces and the surface of the land during the early part of storms and transported in stormwater runoff.
A lot (sometimes referred to as a "minimum frontage lot") characterized by its distinctive shape: narrow frontage on a road connected by a narrow strip (the "flagpole") for access to the major or buildable portion of the lots; on a map the individual lot generally looks like a flag on a pole. Flag lots can serve to open the interior of large parcels while minimizing strip development of the road frontage. A strip of land or right-of-way for access to the road is owned by each parcel, eliminating the need for a new public road.
The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings.
Industrial facility for processing, packaging, storing and distributing food products, including dairy and vegetable products; does not include the abattoirs, animal transfer, and slaughterhouses and meat packaging/processing.
Commercial enterprise for the storage, sales and delivery of petroleum fuels, including gas, coal, oil-compressed liquefied gases.
Contiguous measurement along the street or road appearing on the official Town map.
A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
Retail establishment for the display and sales of furniture and carpet.
An indoor or outdoor sportsman's club, rod and gun club or other public or private club or organization established for the pursuit of hunting, fishing and outdoor recreational sports. Should the game club include a firearm range, shooting range, archery range or any area intended for the discharge of firearms or archery projectiles, whether indoor or outdoor, said range or area shall comply with the terms and conditions imposed by the special use permit in § 300-29.
[Amended 4-18-2013 by L.L. No. 3-2013]
A building or part thereof operated for gain and used for the storage, hiring, selling, greasing, washing, servicing or repair of motordriven vehicles.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include "filling station" and "service station."
A building providing commercial retail sales of food and dry goods.
A site situated on private lands dedicated to the burial of human remains in a respectful, legal and appropriate manner and done in compliance with state and federal statutes.
[Added 9-26-2012 by L.L. No. 10-2012]
All the water found beneath the surface of the land and water present in aquifers and aquifer recharge areas.
Any substance listed as a "hazardous substance" in 6 NYCRR Part 597, List of Hazardous Substances, or a mixture thereof.
A waste, or combination of wastes, which is identified or listed as "hazardous" pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous waste, because of its quantity, concentration, or physical, chemical or infectious characteristics, poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of or otherwise managed. See also Chapter 118 of this Code of the Town of Trenton.
[Amended 9-26-2012 by L.L. No. 10-2012]
Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed, and being those substances defined as "herbicides" pursuant to § 33-0101 of the Environmental Conservation Law of the State of New York.
A collection of animals maintained on residential property for noncommercial purposes as a hobby or pastime.[5]
Pen, fenced area, cage or other enclosure for temporary or short-term storage of live animals as associated with agricultural operations or farms.
An occupation, profession or service which is customarily carried on in a residential dwelling unit or in an accessory structure to the dwelling unit. The home occupation shall not exceed 15% of the floor area of the structure. It is conducted by a resident member of the household residing in the dwelling. It is clearly secondary to the primary use of the dwelling for residential purposes, and meets the purposes and standards for a home occupation set forth at § 300-29B(2) of the chapter. Some business activities may take place in a home as part of residential use and are not considered home occupations as further described as a home office.
[Amended 6-13-2007 by L.L. No. 2-2007]
A permitted use without the need to obtain a Town permit if the business is conducted entirely within the dwelling; the business is clearly incidental, secondary or subordinate to the residential use; the resident members of the household are the only employees; and the exterior of the dwelling shows no visible evidence that a business is conducted within.
[Added 6-13-2007 by L.L. No. 2-2007]
A building or group of buildings where transient guests are lodged for hire.
A mobile recreational unit, including travel-trailer, pickup camper, converted bus, tent-trailer, camper-trailer, tent or similar device used for temporary portable housing. "Temporary portable housing" shall not be construed to be a mobile home unless such housing is occupied on an overnight basis for more than 30 days.
Human feces and urine.
Any man-made material, such as pavement used in parking lots or driveways or any building or other structure on a lot, that does not allow surface water to penetrate into the soil.
Manufacturing, fabrication, assembly, storage and materials production, other than light industrial. Processes may involve sights, traffic, noise, odor and other emissions governed by local, state and federal statute.
A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
Buildings and land established for the commercial care, feeding and exercise of domestic pets and animals.
Facility for the testing of materials, medical samples and other laboratory samples.
The depositing of refuse in a natural or man-made depression or trench or dumping it at ground level, compacting to the smallest practical volume and covering with earth or other material in a systematic and sanitary manner.
A building for the commercial cleaning and dry cleaning of clothing and textiles.
Uses conducted entirely within the confines of a building (except for allowed outdoor storage) which employ electric power or other contained motor power or use hand labor for fabrication or assembly and which cause or emit no odors, fumes, dirt, noise, vibration, glare, electrical interference or noise beyond the immediate site of the building or buildings in which such uses are conducted. Activities will not create compatibility issues with surrounding uses and may include but are not limited to such things as research, design, development and manufacture of finished goods, machinery, apparatus and equipment, wholesale sales and bulk storage.
[Amended 9-26-2012 by L.L. No. 10-2012]
A parcel of land considered as a unit, occupied or capable of being occupied by a principal building or use and accessory buildings or uses or by a group of buildings united by a common use or interest, and including such open spaces as are required by this chapter and having its principal frontage on a public street or an officially approved place.
The total area included within side and rear lot lines and the street or highway right-of-way.
Any line dividing one lot from another or from an established right-of-way.
The lot line adjoining and separating the lot from any street or highway right-of-way line.
The distance between side lot lines, measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
Commercial enterprise for the storage, display and retail sales of lumber, and hardware (often includes a feed store).
A structure bearing a seal issued by the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems contained therein.
Animal feces and urine.
A building housing medical and/or dental offices and treatment facilities.
Stockpiling of mineral and salt piles in the open and under cover as provided by local, state and federal law.
See "commercial excavation."
[Amended 9-26-2012 by L.L. No. 10-2012]
A manufactured dwelling which meets all of the following characteristics:
It is designed or constructed with a metal frame or metal chassis.
It is designed or constructed as a manufactured dwelling which would require, after January 15, 1974, a seal from the United States Department of Housing and Urban Development or be subject to the National Manufactured Home Construction and Safety Standards Act of 1974, as amended.
It is a maximum of 16 feet in width, without so-called "rollout protuberances," and a minimum of 400 square feet of interior space.
A mobile home shall be construed to remain a mobile home, subject to all regulations as apply thereto, whether or not wheels, axles, hitches, frames, chassis or other appurtenances of mobility are removed or hidden from view. A mobile home shall not include a sectional dwelling as defined herein, nor a trailer or recreational vehicle.
A parcel of land which has been planned and improved for the placement of two or more mobile homes for nontransient use.
Commercial establishment for the sales, service, display, storage, transportation, or sales of accessories of mobile homes, double-wide modular dwelling units or modular residential or panelized dwelling units.
See "dwelling, multiple."
A spring which provides to the public water supply.
A well operated by the Village of Barneveld or by the Village of Prospect for the purpose of providing a public water supply.
Existing and naturally occurring indigenous vegetation which grows and is maintained without need of applications of fertilizers, pesticides or other chemical substances.
Any lot lawfully existing prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Use of a building or land lawfully existing prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure on a lot where there is no existing principal permitted structure, including but not limited to a pole barn, shed, garage, dock or deck. Such structure shall be in character with the neighborhood and meet all setback requirements. "Nonprincipal permitted structure" shall not mean temporary portable housing as defined herein. A nonprincipal permitted structure would become an accessory structure when a permitted structure is placed on the lot.
[Added 6-13-2007 by L.L. No. 3-2007]
A facility regulated by the state, providing therein nursing care to sick, invalid, infirm, disabled or convalescent persona in addition to lodging and board or for the accommodation of persons of advanced age.
The Department of Environmental Conservation of the State of New York.
The Department of Transportation of the State of New York.
The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. On-site consumption does not include the on-site use of petroleum for processing of manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site.
A commercial outdoor recreational facility for uses including but not limited to go-cart track, miniature golf, batting cages and other outdoor recreational uses.
An outdoor wood-burning boiler is a solid-fuel-burning device, apparatus, accessory structure, or any part thereof, whether detached, attached, or enclosed by a structure, designed to be a standalone appliance exposed to the elements located outside the home or structure and typically has an exterior appearance of a metal shed with a metal pitched roof, has a shortened flue height, a large combustion chamber (firebox) surrounded by a water reservoir where water is heated, then circulated throughout a heating system providing heat for interior space.
[Added 11-12-2008 by L.L. No. 6-2008]
Establishment specializing in providing personal services, including, but not limited to, hair dresser, barber, tanning salon, manicure/pedicure and dry cleaner.
Any insect, rodent, fungus or weed; or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism which the Commissioner of Environmental Conservation of the State of New York declares to be a "pest" as provided by § 33-0101 of the Environmental Conservation Law of the State of New York.
Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as "pesticides" pursuant to § 33-0101 et seq., of the Environmental Conservation Law of the State of New York.
Any petroleum-based oil of any kind which is liquid at 20° C. under atmospheric pressure and has been refined, re-refined or otherwise processed for the purpose of being burned as fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine or used in the operation of hydraulic equipment. Waste oil which has been reprocessed or re-refined and which is being stored for sale or use as a fuel or lubricant is considered "petroleum" for purposes of this code.
A container similar to but distinct from those designed and constructed for stationary installation, designed so that it can be readily moved over the highways, from one usage location to another, by placement of trailer or otherwise. Such containers may have legs or other supports attached or are mounted on running gear, such as trailer or semitrailer chassis, with suitable supports, which may be of the fold-down type, permitting them to be placed or parked in a stable position on a reasonably firm and level surface. Portable storage containers also include storage containers divided into individual, compartmentalized stalls and designed or utilized for self-storage. For large-volume, limited-duration product usage, such as at construction sites and normally for 12 months or less, "portable storage containers" function in lieu of permanently installed stationary containers.
[Added 2-9-2005 by L.L. No. 1-2005]
A building designed for professional and business use, including scientific research and development, training, statistical, financial and similar purposes in connection with such use.
A tract of land established by a government entity for use and enjoyment of or by the public, including but not limited to picnic areas, ball fields, open space, trails, playgrounds, scenic overlooks, ancillary buildings and infrastructure.
[Amended 7-8-2009 by L.L. No. 2-2009]
A facility other than a telecommunications tower or telecommunications antenna for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies necessary for the provision of electricity, gas, steam, heat, communication, water, sewage collection, or other such service to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, but shall not include office or administration buildings. For purposes of this chapter, telecommunications towers or telecommunications antennas, defined separately in this chapter, shall not be governed by the zoning regulations that apply to the broader definition of public utility facilities, but shall be governed by § 300-29.
[Amended 8-8-2001 by L.L. No. 3-2001]
Structure and/or site developed by a governmental entity to serve the needs of the general populous.
Ionizing radiation; that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton and any other atomic particle producing ionization, but shall not mean any sound or radio wave or visible, infrared or ultraviolet light.
Any material in any form that emits radiation spontaneously.
The reestablishment of an agricultural operation on the same property and to the same area, type, extent, and location as that which existed no more than seven annual growing seasons hence.
The surface and subsurface land areas that collect precipitation or surface water and transmit this water to an aquifer.
Facility for the collection, storage, sorting, binding, repackaging and transportation of recycled metals, glass and plastic containers.
Establishment specializing in providing hospitality services, including dining, and legal beverages.
Commercial establishment specializing in retail sales of specialty lines of goods, boutique and craft products as well as the provision of personal services such as hair dressing, pedicure, manicure, licensed therapeutic massage and related personal care.
[Amended 9-26-2012 by L.L. No. 10-2012]
Commercial establishment for the display and sales of a wide range of retail goods, dry goods and other consumer products.
Barns, support buildings and related facilities established for the commercial care, feeding, livery and exercise of horses and other riding animals.
A permanent structure, stand or location for the sale of primarily local farm produce.
[Amended 4-13-2005 by L.L. No. 2-2005]
A person occupying any room or group of rooms which are offered for rent or hire forming a single habitable unit used or intended to be used for sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for one week or more at a time to an owner or operator.
A dwelling or other residential structure in which lodging facilities are supplied for pay for five or more individuals over one week. The rooming, boarding or lodging of an individual or individuals for more than one week shall be presumptive evidence of the operation of a rooming house or boardinghouse.
Building and site established for the instruction and education of students from elementary to secondary school. Also included is technical and business school secondary education.
A single parcel of land upon which are located seasonal cottages or buildings, which is operated by an association, board of directors, or similar structure for the benefit and enjoyment of its members. Such cottages or buildings may be owned individually by members of the association or by the association itself. Such resort shall operate between April 15 and November 15 of any calendar year, and overnight occupancy shall be prohibited between November 15 and April 15.
[Added 6-21-2007 by L.L. No. 10-2007]
A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface or any waterbody.
Establishment for the rental of storage and warehousing space to the general public.
A structure or group of structures generally containing small, individual, compartmentalized stalls or lockers designed and/or used for the purpose of leasing individual storage spaces to tenants who have access to such space for the purpose of storing and removing personal property, not related to business being conducted on the storage facility premises. A self-storage facility is not a warehouse, nor shall it consist of portable storage containers or storage trailers.
[Added 2-9-2005 by L.L. No. 1-2005]
The contents of a septic tank, cesspool or other individual wastewater treatment works which receives domestic sewage wastes.
Retail center, strip stores, mall, mini-mall or other assembly of retail stores and shops with common parking, circulation, access and common areas.
A semi-portable structure, manufactured off site, provided with skids as its means of foundations or manufactured on site with no permanent foundations, i.e., set on blocks or timbers directly on the ground. Maximum size of a skid-mounted building, for the purpose of this Code, is 10 feet by 12 feet. Skid-mounted buildings in excess of either one of these dimensions are considered an accessory building under the Code.
[Added 9-26-2012 by L.L. No. 10-2012]
The solid, semisolid or liquid waste generated from a waste processing facility, but does not include the liquid stream of effluent.
Building for the commercial service and repair of small engines and small lawn and garden equipment.
Any escape of a hazardous substance or petroleum from the primary containers used in the normal course of storage, transfer, processing or use.
Barn, corral, runs and other equine facilities for the commercial stabling and boarding of horses, ponies and other equestrian animals.
Includes the trailer portion of a tractor-trailer vehicle, storage container or box, portable warehouse, and similar movable roofed enclosures placed on a lot for the purpose of storing equipment or other goods and having a gross coverage exceeding 50 square feet. Any tractor trailer vehicle or detached trailer parked on the same property for a period of more than 90 days shall be considered a storage trailer rather than a vehicle. Any trailer used to store accumulations of bulky recyclable material (such as used tires or cardboard) shall not be considered to be a storage trailer, provided that such trailer is removed from the site and emptied on a regularly scheduled cycle not to exceed 90 days.
[Added 2-9-2005 by L.L. No. 1-2005]
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structure" shall not mean motor vehicles, buses, vans, vehicular trailers or any other unit designed for or primarily intended for use on roads or highways. "Structure" shall not mean temporary portable housing as defined herein.
Commercial enterprise providing swimming, recreational and fitness facilities.
A system of electrical conductors that transmits or receives radio frequency waves.
[Added 8-8-2001 by L.L. No. 3-2001]
Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for cellular/PCS operation [also known as base transceiver station (BTS)], including telecommunications towers and antennas.
[Added 8-8-2001 by L.L. No. 3-2001]
A structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC-licensed carrier, but excluding those used exclusively 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 private, residential communications.
[Amended 8-8-2001 by L.L. No. 3-2001]
A mobile home established under criteria and guidelines described in § 300-31.
Building for the commercial viewing of movies by the general public.
Buildings, docks, parking aprons, drives and other facilities for use in loading, unloading, transferring from and to trucks, railcars and other modes of freight conveyance.
Any tank completely covered with earth or other backfill material.
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
[Added 11-12-2008 by L.L. No. 6-2008]
Portions of a lot defined by areas of higher land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up-gradient areas) to areas of lower elevation (down-gradient areas). See definition for "down-gradient.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The terms "permitted use" and "conditional use" or their equivalent shall not be deemed to include a nonconforming use.
The 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.
The 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 is prohibited by the applicable zoning regulations.
Buildings and fenced outdoor storage space to house materials and products for shipping.
Commercial enterprise for supply and wholesale trade to retailers, stores and resellers.
An open, unoccupied space on the same lot with the building, between the front line of the building and the front lot line and extending the full width of the lot.
An open, unoccupied space on the same lot with the building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
[1]
Editor's Note: See Agriculture and Markets Law § 301, Subdivision 13.
[2]
Editor's Note: See Agriculture and Markets Law § 301, Subdivision 14.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: The original definition of "feed lot," which followed this definition, was repealed 10-2-2006 by L.L. No. 3-2008.
[5]
Editor's Note: The original definition of "hog farm," which followed this definition, was repealed 10-2-2006 by L.L. No. 3-2008.