In the interpretation of this chapter, the following rules apply:
A.
Words used in the present tense include the future tense.
B.
The singular includes the plural.
C.
The word "shall" is mandatory; the word "may" is permissive.
D.
The word "lot" includes the words "plot" or "parcel."
E.
The term "used" or "occupied" as applied to any land or structure
shall be construed to include the words "intended," "arranged" or
"designed to be used or occupied."
F.
The words "he" and "she" include the opposite gender and in both
instances include the word "it."
G.
Any land use that meets the criteria of more than one definition
herein shall be considered to be each such separate defined land use,
and each use shall be subject to each land use's applicable zoning
provisions.
[Amended 12-1-2020 by L.L. No. 6-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building. No accessory structure shall
have an area larger than 50% of the square footage of the principal
structure on the lot.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
motion pictures, videocassettes or video reproductions, slides, or
other visual representations which depict or describe specified sexual
activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials that depict or describe specified sexual activities or specified
anatomical areas. A "principal business purpose" shall mean more than
1/4 of the business is devoted to the sale, rental, or display of
such materials as determined by any of the following:
The number of different titles of printed, visual or audio materials
of any kind that are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The number of copies of printed, visual or audio materials of
any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The amount of floor space devoted to the sale and display of
printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The dollar amount of sales of printed, visual or audio materials
of any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
or
The amount of on-site advertising which can be viewed by passersby,
or the amount or cost of advertising in print or broadcast media devoted
to printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.
A nightclub, bar, restaurant, or similar commercial establishment
that features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
Established and operated for the purpose of providing long-term
residential care, room, board, housekeeping, personal care, and supervision
to five or more adults unrelated to the operator as defined by the
New York State Department of Health.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way that advertises the availability of this
adult type of photographic reproductions; or
Offers sleeping rooms for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are shown that are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
An "adult bookstore."
A bipole or monopole wire device designed to transmit or
receive electromagnetic radiation in the radio frequencies.
A dwelling unit in a multiple dwelling or mixed-use building.
A facility used or intended to be used primarily for repairing
and/or painting motor vehicles and which is not used or designed to
be used for the sale of gasoline, oil or other motor vehicle fuels
to the public.
A local retail business which displays for sale and/or sells
and/or leases automobiles and which is not used or designed to be
used for the sale of gasoline, oil or other motor vehicle fuels to
the public.
Any area of land, including improvements and structures thereon,
used or designed to be used as a local retail business for the sale
of gasoline, oil or other motor vehicle fuels to the public, and which
may include facilities for lubricating, washing, cleaning or otherwise
servicing motor vehicles; however, this term shall not include a facility
used or intended to be used primarily for repairing and/or painting
motor vehicles.
A residential lodging facility in an owner-occupied dwelling
offering from one bedroom to seven bedrooms without a kitchen, but
may include kitchen privileges, and housing transient guests for periods
not to exceed 14 consecutive days, serving breakfast.
A building other than a motel or hotel where, for compensation
and by prearrangement for definite periods, meals or lodging are provided
for three or more persons, but not to exceed eight persons.
A strip of land, generally adjacent to a property line and
at least five feet wide, unless otherwise specified in this chapter,
in which a solid fence or a screen of plantings is installed and maintained
by the owner of the property. Such a screen shall be planted with
deciduous and evergreen trees in any appropriate combination which
will provide an effective visual buffer between properties.
A structure, wholly or partially enclosed within exterior
walls or within exterior and party walls and a roof, affording shelter
to persons, animals or property.
The area of a lot covered by buildings or roofed areas, but
excluding incidental projecting eaves, balconies, decks/ground-level
paving, landscaping, open recreational facilities and similar features.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, tanks and similar projections.
The line of that face of the building nearest the front line
of the lot and extended to the side lot lines. Corner lots have two
building lines, one for each side facing a street.
A structure in which is conducted the principal use of the
site on which it is situated. A dwelling in a residential district
shall be deemed to be the principal building on its lot.
Any construction used or arranged for temporary living or
sleeping purposes and mounted on or attached to a vehicle and capable
of being removed from such vehicle.
A parcel of land intended to be used or rented for occupancy
by campers or recreational vehicles. See also the definition of "recreational
vehicle park."
Any vehicle used or arranged for temporary living or sleeping
purposes, mounted on wheels and drawn by a power-driven vehicle.
A subdivision of one-family dwellings comprising 10 or more
acres, the minimum lot area and dimensions for a unit of which may
be reduced, provided that the total number of units in the cluster
does not exceed the number that would be permitted with the larger
dimensions and provided that the residual land gained by the smaller
lot size is used for common recreation and open space.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town.
A change in residential occupancy of a residential, commercial,
institutional building, generally by alteration or by other reorganization
as to create or increase the number of families or dwelling units
in a structure.
That percentage of the plot or land area covered by the building
area.
A place other than an occupied residence providing or designed
to provide day care for give or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see
§ 390, Subdivision 1(c) of the Social Services Law of the
State of New York.
An occupied family residence providing day care for three
to six children for more than three hours per day. Also see § 390,
Subdivision 1(c) of the Social Services Law of the State of New York.
An antenna with a parabolic or spherical dish used to focus
the electromagnetic radiation onto the antenna element.
LARGE SATELLITE DISHESThese are usually eight feet to 12 feet in diameter for residential models and larger for commercial models, receiving low-power signals in the four-gigahertz band (C band) from geostationary satellites.
DIRECT BROADCAST SATELLITES (DBS)These dishes are smaller dishes, usually 18 inches to 36 inches in diameter, receiving medium- to high-power signals in the twelve-gigahertz band (K band) from geostationary satellites.
MULTIPOINT DISTRIBUTION SERVICE (MDS)These dishes are smaller dishes, usually 18 inches to 30 inches in diameter, receiving signals in the microwave band from a ground source. (A substitute for cable television systems.)
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home, trailer or recreational vehicle (RV).
One or more rooms, including cooking facilities and sanitary
facilities in a dwelling structure, designed as a unit for occupancy
by not more than one family for living and sleeping purposes.
Any of the following:
A building designed or occupied for residential purposes by
more than two families;
A series of attached, detached, or semi-detached buildings which
are provided as a group collectively with essential services and utilities
and which are located on a lot, plot, or parcel of land under common
ownership; or
The residential part of a mixed-use building.
Regardless of the foregoing, any residential building, other
than a one- or two-family dwelling on a single zoning lot, shall be
deemed to be a multiple dwelling.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single housekeeping unit.
A structure containing at least three attached single-family
dwellings. Each dwelling shares a common sidewall, and no dwelling
unit is entirely or partially above the other. Each unit has its own
external street-facing entrance.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and flood extending from exterior wall to
exterior wall.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who or which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, or other consideration.
A public service requiring the erection, construction, alteration
or maintenance by public utilities or Town or other governmental agencies
of underground or overhead gas, electrical or water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith reasonably necessary for the furnishing of adequate service
by such public utilities or Town or other governmental agencies or
for the public health or safety or general welfare, but not including
buildings.
Any of the following:
Means:
An individual; or
Two or more persons occupying a single dwelling unit, related
by blood, marriage, or legal adoption, living and cooking together
as a single housekeeping unit; or
Two unrelated persons, occupying a single dwelling unit, living
and cooking together as a single housekeeping unit.
Notwithstanding the provisions of Subsection A(3) of this definition, a group of unrelated persons numbering more than two shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in Subsection D herein.
Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection B of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for obtaining a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Officer.
In making a determination under Subsection B, the Board of Appeals shall find:
The group is one which in theory, size, appearance and structure
resembles a traditional family unit.
The group is one which will live and cook together as a single
housekeeping unit.
The group is of a permanent nature and is neither merely a framework
for transient or seasonal (including as "seasonal" a period of an
academic year or less) living, nor merely an association or relationship
which is transient or seasonal in nature. In making this finding,
the Zoning Board of Appeals may consider, among other factors, the
following:
Whether expenses for preparing food, rent or ownership costs,
utilities, and other household expenses are shared and whether the
preparation, storage and consumption of food is shared.
Whether furniture and appliances are owned in common by all
members of the household.
Whether any children are enrolled in local schools.
Whether householders are employed in the local area.
Whether the group has been living together as a unit for an
extended period of time, whether in the current dwelling unit or other
dwelling units.
Any other factor reasonably related to whether the group of
persons is the functional equivalent of a traditional family.
In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 300-46, Special permit uses, of this chapter.
Lesser permitted number.
Notwithstanding the provisions elsewhere provided herein, if
the following limitations result in a lesser permitted number of occupants
than would be permitted under the definition of "family" set forth
above and the regulations of each zone set forth later in this chapter,
the number of occupants, related or otherwise, shall not exceed the
maximum numbers determined on the basis of the habitable space of
each dwelling unit as follows:
In no case shall the enclosed floor area be less than 600 square
feet. Areas utilized for kitchenettes, bath, toilet, storage, utility
space, closets, and other service or maintenance space shall be excluded
in determining habitable space.
Any parcel of land containing at least five acres which is
used in the gainful raising of agricultural products, common domestic
farm animals, poultry and dairy products, including all necessary
farm structures.
A structure designed to separate one portion of land from
another for privacy, security or demarcation of property lines. For
the purpose of this chapter, fences shall also include walls and screens
and shall be further defined as:
SECURITY FENCEA fence which provides limited or controlled ingress to and egress from the lot or a portion thereof.
PRIVACY FENCEA fence which provides personal privacy and does not necessarily limit or control ingress or egress.
PRIVACY SHIELDA fence attached to the wall of a building and extending perpendicular to that wall.
The Town of Seneca Falls Heritage Preservation Commission.
Any home occupation or business use carried on in a dwelling unit by the residents which is incidental to its principal residential function, provided that such use is clearly not detrimental to the residential character of the neighborhood. Such a use must comply with § 300-50 of this chapter.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests and
is not a boarding house as herein defined.
Any portable structure or vehicle so constructed and designed
as to permit occupancy thereof for dwelling or sleeping purposes,
or the conduct of any business, profession, occupation or trade.
Any old, worn-out, cast-off, discarded or unused waste iron
or other metal or substance, glass, paper, used lumber, rags, machine
parts, accessories, discarded machinery or discarded machines, either
mechanical or semimechanical, in whole or in part, unregistered motor
vehicles which are unfit for reconditioning or for sale for highway
transportation, or which cannot be readily moved at any time under
their own power, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary meaning
of the word.
An area of land, with or without buildings, primarily used
for the storage outside of a completely enclosed building of used
and discarded materials, including but not limited to wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, including junk as defined in this article, with
or without the dismantling, processing, salvage, sale or other use
or disposition of the same. The deposit or storage of two or more
unlicensed, wrecked or broken motor vehicles for a period of two months
or longer, or the major parts of two or more such vehicles, shall
be deemed to make the lot a junkyard.
Any building or lot on which at least three or more dogs
or cats not owned by the property owner are trained or boarded (but
not bred or sold) for commercial purposes. This definition shall not
apply to any facility operated by or under contract for the state,
a county, a municipal corporation, or any other political subdivision
of the state for the purpose of impounding or harboring seized, stray,
homeless, abandoned, or unwanted dogs, cats, and other animals; any
veterinary hospital or clinic operated by a veterinarian or veterinarians
which operates for such purpose in addition to its customary purposes;
and any facility operated, owned, or maintained by a duly incorporated
humane society, animal welfare society, or other nonprofit organization
for the purpose of providing for and promoting the welfare, protection,
and humane treatment of animals.
A person in whose name a license to operate an adult entertainment
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in an adult entertainment business.
A parcel of land having frontage on a public street, occupied
by a principal building or group of buildings (which may have accessory
structures) or having a principal use (along with incidental accessory
uses), including such open spaces as are required by this chapter.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREETA lot line separating the lot from a street.
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
A manufactured home which is constructed in conformity with
24 CFR Part 3280 of the Manufactured Home Construction and Safety
Standards compiled by the United States Department of Housing and
Urban Development (HUD 1976). See also "residential designed manufactured
home."
A lakeshore business whose purpose includes the sale of boats,
supplies and fuel; rental of boats, marine equipment, dock and mooring
space; winter storage; service of boats and marine equipment; and/or
provisions for boat access to the lake or canal.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at
the mine location so as to make them suitable for commercial, industrial,
or construction use; the removal of such materials through sale or
exchange, or for commercial, industrial or municipal use; and the
disposition of overburden, tailings and waste at the mine location;
or any one of the above activities. Mining shall not include the excavation,
removal and disposition of minerals from the site of, and incidental
to, a construction project, or excavations incidental to bona fide
agricultural activities; provided, however, such excavations, removal
or disposition are subject to obtaining fill permits if required as
set forth in this chapter. For the purpose of this definition:
MINERALSAny naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel, and stone.
OVERBURDENAll of the earth, vegetation and other solid materials which lie above or alongside a mineral deposit.
SPOIL and TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
An enclosed warehouse which is divided into rooms which are
rented or leased to persons for the storage of items.
A building which contains dwellings located above the ground
floor of an institutional, civic, office, commercial, or retail use.
A typical mixed-use structure would have retail or offices on the
first floor and offices, residences, and/or studios on the upper floors.
Where a mixed-use dwelling is permitted by this chapter within a particular
district, the ground-floor retail uses are also permitted. (see also
"apartment" and "multiple dwelling")
The development of a tract of land or building or structure
with two or more different uses, such as, but not limited to, residential,
office, retail, public, or entertainment, in a compact urban form.
A transportable single detached dwelling for one family suitable
for year-round occupancy and containing the same water supply, waste
disposal and electrical conveniences as immobile housing. A mobile
home is designed and built to be towed on its own chassis, comprised
of a frame and wheels, and is connected to utilities and designed
without a permanent foundation for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity. A mobile
home is not to be confused with a travel trailer, which is towed by
an automobile, can be operated independently of utility connections
and is limited in width to eight feet; or with a self-contained motor
home, custom van or pickup truck camper Ginserts.
Land which has been planned and improved for the placement
of two or more mobile homes.
A housing unit constructed off site consisting of more than
one segment designed to be permanently anchored on a foundation to
become a fixed part of the real estate.
A building or series of buildings in which lodging is offered
for compensation, and which is distinguished from a hotel primarily
by reason of providing direct independent access to, and adjoining
parking for, each rental unit.
Any self-propelled vehicle designed for or used as temporary
living accommodations and containing any of the following: sleeping
accommodations; cooking facilities; and toilet facilities.
The Town of Seneca Falls, New York.
Any noise that:
Endangers, damages, disturbs or injures the safety or health
of humans or animals or which causes damage to property or business;
Is not required under usual circumstances; or
Is excessive or unusually loud and either annoys, disturbs,
interferes with, injures or endangers the comfort, repose, sleep,
health, peace or safety of a reasonable person of normal sensitivities
or which causes damage to property or business.
A use or lot which was lawful or a building or structure
which was lawfully situated on a lot prior to the adoption, revision
or amendment of a zoning local law but which fails to conform to the
requirements of the zone in which it is taking place or located by
reason of such adoption, revision or amendment.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas is provided
to be observed, sketched, drawn, painted, sculpted, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of New York or a college, junior college
or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure
that has no sign visible from the exterior of the structure and no
other advertising that indicates a nude or seminude person is available
for viewing; and where in order to participate in a class a student
must enroll at least three days in advance of the class; and where
no more than one nude or seminude model is on the premises at any
one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Any building or lot on which any of the following occurs:
At least three or more dogs or cats at any one time are bred
or sold for commercial purposes; or
There is found at any one time more than three adult dogs and
one litter of pups under four months of age; or
There is found at any one time more than three adult cats and
one litter of kittens under four months of age; or
Any adult female dog or cat is bred more than once in any twelve-month
period with the intent of selling or giving away said dog's or
cat's pups or kittens; or
More than two litters of pups or kittens are sold or given away
in any twelve-month period.
These definitions shall not apply to any facility operated by
or under contract for the state, a county, a municipal corporation,
or any other political subdivision of the state for the purpose of
impounding or harboring seized, stray, homeless, abandoned, or unwanted
dogs, cats, and other animals; any veterinary hospital or clinic operated
by a veterinarian or veterinarians which operates for such purpose
in addition to its customary purposes; and any facility operated,
owned, or maintained by a duly incorporated humane society, animal
welfare society, or other nonprofit organization for the purpose of
providing for and promoting the welfare, protection, and humane treatment
of animals.
Any portable vehicle designed primarily to be mounted on
a pickup truck or other truck chassis with sufficient equipment to
render it suitable for use as a temporary dwelling for travel, recreational
or vacation use.
A tract of land which is developed as a unit for residential purposes or including a group of residential and nonresidential buildings with all needed roadways, parking and loading areas, accessory buildings and open spaces. A planned unit development may be controlled by a partnership, corporation, cooperative group or an individual and shall involve a detailed plan review and approval in accordance with § 300-72 of this chapter.
The Town of Seneca Falls Planning Board.
Any building or portion thereof constructed or purchased
wholly or partially with Town funds, whether tax funds, funds obtained
through bond issues or grants or loans under any state law, to be
used for Town purposes, including, but not limited to, any Town Hall,
police stations, fire stations, libraries, playgrounds, Town parks,
recreation facilities and/or Highway Department buildings.
A sewerage facility owned and operated by a public agency, providing collection and at least secondary treatment of liquid wastes. For the purpose of determining lot size under this chapter (see Article IV), the Town Board may declare a privately owned sewerage system to be the equivalent of a public sewer if said private system serves a large area or is a large sewage producer and has received the approval of the Seneca County Health Department.
A water supply, treatment and distribution system owned and operated by a public agency. For the purpose of determining lot size under this chapter (see Article IV), the Town Board may declare a large-scale privately owned water system to be the equivalent of a public system if the system has received the approval of the Seneca County Health Department.
A parcel of land in a recreational vehicle park for the occupancy
of a single trailer and its towing vehicle.
A parcel of land on which two or more spaces are provided
for the occupancy of recreational vehicles. See also the definition
of "campground."
A home that meets the definition of a "manufactured home" and conforms to the requirements set forth in § 300-32, Minimum building area for dwellings, of this chapter.
An accessory building or structure, temporary or permanent,
used for the display and sale of products grown, produced and/or processed
on the same property, such as fruits, vegetables, eggs and other products
generally associated with agricultural, horticultural, vinicultural
or botanical activities conducted on the premises.
See the definition of "townhouse."
A facility used for disposing of sewage wastes from recreational
vehicle holding tanks.
One which can operate independently of sewer, water and electrical
connections. It contains a water-flush toilet, lavatory and kitchen
sink, all of which are connected to water storage and sewage holding
tanks located within the unit.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast, exhibited by a
dress, blouse, skirt, leotard, bathing suit, or other wearing apparel,
provided the areola is not exposed in whole or in part.
A sink for the disposal of nonsewage liquid wastes from recreational
vehicles.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
Any visual display, printed, painted or represented directly
or indirectly upon a building or otherwise affixed to a frame, structure,
a building or surface, which directs attention to a product, place,
person, activity, organization or business but not including an official
court or public notice, or an official traffic control device, flag
insignia or emblem of a nation, state, county, municipality, school
or religious group. However, "sign" shall not include any display
of official court or public office notices nor any official traffic
control device, nor shall it include the flag, emblem or insignia
of a nation, state, county, municipality, school or religious group.
The area within the shortest lines that can be drawn around
the outside perimeter of a sign, including all decorations and lights,
but excluding the supports if they are not used for advertising purposes.
All faces of the sign shall be counted in computing the sign area.
Any neon tube, string of lights or similar device shall be deemed
to have a minimum dimension of one foot.
A visual display directing attention to a business, commodity,
service or entertainment offered, sold or conducted at a location
different from that on which the sign is displayed.
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas of facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; landfill gas recovery facilities;
refuse-derived fuel processing facilities; pyrolysis facilities; construction
and demolition (C&D) debris processing facilities; land application
facilities; composting facilities; surface impoundments; used oil
storage, reprocessing and rerefining facilities; recyclables handling
and recovery facilities; waste tire storage facilities; and regulated
medical waste treatment facilities. The term includes all structures,
appurtenances and improvements on the land used for the management
or disposal of solid waste.
A land use which, because of its unique characteristics,
requires individual consideration in each case by the Zoning Board
of Appeals and the Planning Board before it may be permitted in the
district enumerated in this chapter.
Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breasts below a point immediately
above the top of the areola.
Any of the following:
See the definition of "nudity."
Anything constructed and requiring permanent attachment to
the ground or something thus permanently attached to the ground, including
carports, portable or stationary.
An artificial or semiartificial receptacle or other container
designed to hold water, located outdoors, used or intended to be used
for public, semipublic or private swimming by adults or children,
or both adults and children, whether or not any charge or fee is imposed
upon such adults or children, operated and maintained by any person
as herein defined, whether he or she be an owner, lessee, operator,
licensee or concessionaire.
The Seneca Falls Town Board.
A row of attached single-family or two-family dwelling units
containing three or more units.
Includes any of the following:
The sale, lease, or sublease of any use;
The transfer of securities which constitute a controlling interest
in any use, whether by sale, exchange, or similar means; or
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of any use, except for transfer
by bequest or other operation of law upon the death of the person
possessing the ownership or control.
Any portable vehicle which is designed to be transported
on its own wheels; which is designed and intended to be used for temporary
living quarters for travel, recreation or vacation purposes; and which
may or may not include all of the accommodations and facilities included
in a mobile home.
See the definition of "recreational vehicle park."
Any use of land not conducted in a completely enclosed building
or group of buildings, such as outdoor storage and junkyards, lumber
and building materials and automobile salvaging and wrecking operations.
Not included are nurseries, commercial sales, displays of cars, trucks,
bicycles, motorcycles or farm equipment.
A small trailer, with or without sides or a roof, designed
for transporting cargo.
Written authorization granted by the Zoning Board of Appeals to deviate from or violate specific regulations of this chapter in accordance with § 300-114.
AREA VARIANCEAuthorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
USE VARIANCEAuthorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
A person who sells goods or services on a house-to-house
basis or from a vehicle in the street or from a temporary fixed location.
An open space which lies between the principal building or
group of buildings and the front lot lines of each intersecting street
and is unoccupied and unobstructed from the ground up.
YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot lines and is unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from either front lot line to the nearest adjacent lot lines and is unoccupied and unobstructed from the ground up.
An open space which lies between the principal building or
group of buildings and the nearest surrounding lot lines and is unoccupied
and unobstructed from the ground upward as herein permitted.
YARD, FRONTAn open space extending across the entire width of the lot between the building line or front main wall of a building and the front property line (street or right-of-way line) and into which space there shall be no extension of building parts other than steps, open porches, eaves, cornices and similar fixtures.
YARD, REARAn open space which extends the full width of the lot between a principal building and the rear lot line and is unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open unobstructed space on the same lot with a principal building between the principal building and the side line of the lot, extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than the eaves with an overhang of not more than two feet, rainwater leaders, window sills and other such fixtures and open steps for a distance not exceeding four feet.
The Board of Appeals of the Town of Seneca Falls.
The administrative officer charged with the duty of enforcing
the provisions of this chapter. References to any Town "code enforcement
officer" shall refer to the Zoning Officer.
