For the purpose of this chapter, certain terms
or words used herein shall be interpreted as follows:
A.Â
Word usage.
(1)Â
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
(2)Â
The present tense includes the future tense; the singular
number includes the plural, and the plural number includes the singular.
(3)Â
The word "shall" is mandatory; the word "may" is permissive.
(4)Â
The words "used or occupied" include the words "intended,
designed or arranged to be used or occupied."
(5)Â
The word "lot" includes the words "plot" or "parcel."
B.Â
ABANDONMENT
ACCESSORY USE OR STRUCTURE
AFFECTED AREA
AGRICULTURAL USE
ANTENNA(S)
ANTENNA ARRAY
ATMOSPHERIC POLLUTION
AUTOMOTIVE REPAIR
AUTO SERVICE STATION
BED-AND-BREAKFAST
BUILDING
CAMOUFLAGING
CEASE TO OPERATE/ABANDONMENT
COLLOCATION
COMMUNICATION OR BROADCAST TOWER
COMMUNICATION OR BROADCAST TOWERS AND FACILITIES
DRIVE-IN RESTAURANT or REFRESHMENT STAND
DWELLING, LIMITED MULTIFAMILY
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING UNIT
ESSENTIAL SERVICES
EXCAVATION
FACTORY-MANUFACTURED HOME
FAMILY
FARM OR RESIDENTIAL POND
GROSS LEASABLE AREA
HAULAGEWAY
HOME OCCUPATION
LODGING HOUSE
LOT
LOT MEASUREMENTS (See Exhibit A for illustration.[1])
(1)Â
(2)Â
LOT OF RECORD
MINE
MINERAL
MINING FLOATING ZONE
MINING OPERATION/MINING
MINING PLAN
MOBILE HOME
MODULAR HOME
MONOPOLE
NEIGHBORHOOD COMMERCIAL FACILITY
OPERATOR and OPERATOR THEREOF
OVERBURDEN
PARKING SPACE, OFF-STREET
(1)Â
(2)Â
PERSON
PERSONAL SERVICE SHOP
PLANNED BUSINESS DEVELOPMENT
RECLAMATION
RECLAMATION PLAN
RESIDENTIAL CLUSTER
SIGN
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
SIGN, OFF-SITE
SIGN, ON-SITE
SIGNS, NUMBERS AND SURFACE AREA
(1)Â
(2)Â
SINGLE OWNERSHIP
SPECIAL PERMIT USE
STRUCTURE
SUPPORT STRUCTURE
SWIMMING POOL
TOWER FACILITY or FACILITY
TRAILER
TRAVEL TRAILER
TRAVEL TRAILER CAMP
VARIANCE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
The discontinuance of use by not performing the normal functions
associated with the mining operation for an eighteen-month period.
[Added 10-16-2002 by L.L. No. 4-2002]
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure. Accessory
uses and structures shall not be located in any required front yard,
but structures 15 feet or less in height and 200 square feet or less
in ground area may be located within a required side yard or rear
yard, provided that such structure is not situate closer than 10 feet
to any side or rear lot line.
[Amended 2-6-1997 by L.L. No. 2-1997]
The sum of that surface area of land or land under water
which is to be disturbed by the mine.
[Added 10-16-2002 by L.L. No. 4-2002]
The keeping, raising, growing, selling or otherwise maintaining
of one or more livestock, cow, horse, pig, goat, sheep, duck, goose,
chicken, guinea chicken and/or any other animal, bird, reptile, fish,
amphibian or insect associated with farming or kept for commercial
purposes. Agricultural use shall also mean the keeping, raising, growing,
selling or otherwise maintaining of any plant or crop not intended
for the personal consumption of the owner of the land on which same
is maintained.
[Added 9-20-2007 by L.L. No. 6-2007]
A device used in communications which receives and transmits
electromagnetic waves, microwave or other electronic communication
signals from or to satellites or other instruments for television,
radio, data, imagery, telephone or other forms of telecommunications
or broadcast.
[Added 4-19-2001 by L.L. No. 1-2001]
One or more whips, panels, discs, or similar devices used
for the transmission or reception of frequency signals, which include
omnidirectional antenna (whip), directional antenna (panel), and parabolic
antenna (disc) but does not include the support structure defined
hereinbelow.
[Added 4-19-2001 by L.L. No. 1-2001]
Discharging from stacks, chimneys, exhausts, vents, ducts,
openings, buildings, structures, premises, open fires, portable boilers,
vehicles, processes, or any source, of any smoke, soot, fly ash, dust,
cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radioactive substances, waste, particulate, solid,
liquid or gaseous matter, or any other materials in such place, manner
or concentration as to cause injury, detriment, nuisance or annoyance
to the public, or to endanger the health, comfort, repose, safety
or welfare of the public, or in such a manner as to cause or have
a natural tendency to cause injury or damage to business or property.
A building other than a private or parking garage used for
adjustment, painting, replacement of parts or other repair of motor
vehicles or parts thereof, whether or not accessory or incidental
to another use.
[Added 7-15-1999 by Ord. No. 1-1999]
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
A service station is not a sales, major repair or rental agency for
autos, trucks or trailers.
An owner-occupied dwelling unit that contains no more than
five guest rooms where lodging, with or without meals, is provided
for compensation.
[Added 7-15-1999 by Ord. No. 1-1999]
Any structure for the shelter, support or enclosure of persons,
animals, chattels or property of any kind.
The construction of facilities to house or support towers
so that the towers blend readily with the landscape, neighborhood,
and adjacent architectural features. Examples of camouflaging that
may be used are silo and barn, windmill and simulated tree.
[Added 4-19-2001 by L.L. No. 1-2001]
A discontinuance of use, not performing the normal functions
associated with the tower and its equipment on a continuous and ongoing
basis for over 120 days, unless extended by the Zoning Board of Appeals
for good cause shown.
[Added 4-19-2001 by L.L. No. 1-2001]
The mounting of antenna(s) or other telecommunications or
broadcast equipment used by two or more providers, persons, firms
or corporations on the same antenna support structure, monopole or
antenna tower.
[Added 4-19-2001 by L.L. No. 1-2001]
A structure on which antennas or other telecommunications
or broadcast devices are located for television, radio, data, imagery,
telephone or other forms of telecommunications.
[Added 4-19-2001 by L.L. No. 1-2001]
A site development including a structure on which antennas
or other telecommunications or broadcast devices are located for television,
radio, data, imagery, telephone or other forms of telecommunications
and all related structures and improvements necessary for the operation
of said facility.
[Added 4-19-2001 by L.L. No. 1-2001]
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments or beverages on the premises.
A dwelling unit of not less than 600 square feet with a lot
size of 30 square feet for each square foot of dwelling area. The
number of dwelling units per structure shall not exceed four units.
A residential building designed for or occupied by three
or more families with the number of families in residence not exceeding
the number of dwelling units provided.
A detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
One room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, rental
or lease, and physically separated from any other rooms or dwelling
units which may be in the same structure, and containing independent
cooking, sleeping and toilet facilities.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission, or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
street signs and similar equipment and accessories in connection therewith,
but not including buildings reasonably necessary for the furnishing
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health or safety or general
welfare.
The permanent removal of overburden and minerals, as defined
herein, from the ground in the affected area.
[Added 10-16-2002 by L.L. No. 4-2002]
A factory-manufactured home incorporates structures or components
designed for residential occupancy, constructed by a method or system
of construction whereby the structure or component is wholly or in
substantial part, manufactured in a manufacturing facility and is
intended for permanent installation on a building site. Factory manufactured
homes shall be deemed to be one- or two-family dwellings and shall
be constructed and installed in accordance with the requirements of
the New York State Uniform Fire Prevention and Building Code. Every
factory-manufactured home or component shall bear the insignia of
approval issued by the New York State Uniform Fire Prevention and
Building Code.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit.
[Amended 7-15-1999 by Ord. No. 1-1999]
A man-made or artificially created body of water to be used
for fire protection, recreation, beautification or agricultural purposes.
[Added 4-1-1993 by L.L. No. 1-1993]
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any; expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
All roads utilized for mining purposes, together with that
area of land over which material is transported that are located within
the permitted area.
[Added 10-16-2002 by L.L. No. 4-2002]
Any occupation, business or professional activity that results
in a product or service, that is conducted in whole or in part in
a dwelling or residential accessory building (a building accessory
to a dwelling) and that is clearly subordinate in space utilization
and intensity to the residential use of the lot.
[Added 7-15-1999 by Ord. No. 1-1999]
A building in which the rooms are rented with or without
meals to three or more, but not exceeding six persons. A boarding
house or a rooming house or a furnished room shall be deemed a lodging
house.
A lot is a parcel of land occupied or to be occupied by only
one main building and the accessory buildings or uses customarily
incident to it. Except as otherwise provided in this chapter, a lot
shall be of sufficient size to meet minimum zoning and requirements
for use, coverage and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an
improved public street, or on an approved private street, and may
consist of: a single lot of record; a portion of a lot of record;
a combination of complete lots of record, or complete lots of record
and portions of lots of record, or of portions of lots of record;
or a parcel of land described by metes and bounds, provided that in
no case of division or combination shall any residual lot or parcel
be created which does not meet the requirements of this chapter.
DEPTH OF A LOTThe distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
WIDTH OF A LOTThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between the lot lines of their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of culs-de-sac where the 80% requirement shall not apply.
A lot which is part of a subdivision recorded in the office
of the Columbia County Clerk, or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
Any excavation from which a mineral is to be produced for
sale or exchange, or for commercial, industrial or municipal use;
all haulageways and all equipment above, on or below the surface of
the ground used in connection with such excavation, and all lands
included in the life of the mine review by the DEC.
[Added 10-16-2002 by L.L. No. 4-2002]
Peat, topsoil, sand and gravel shall be considered minerals.
[Added 10-16-2002 by L.L. No. 4-2002]
The area in which mining may occur within the Town's RL-1,
RL-2, RL-3 and Industrial Zones and particular solely to each individual
application.
[Added 10-16-2002 by L.L. No. 4-2002]
The excavation 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, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; 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.
[Added 10-16-2002 by L.L. No. 4-2002]
A description of the applicant's mining operation which shall
include maps, plans, written materials and other documents as required
by the Town and/or the DEC.
[Added 10-16-2002 by L.L. No. 4-2002]
A detached unit designed for residential occupancy and capable
of being transported after fabrication on streets and highways on
its own wheels or on flatbed or other trailers, and arriving at the
site ready for occupancy except for minor and incidental unpacking
and assembly operations and being placed on jacks or other temporary
or permanent foundation and connected to utilities. Within the meaning
of this chapter, a travel trailer shall not be considered a mobile
home, nor shall a travel trailer be considered a dwelling unit. It
is not a factory-manufactured home as defined herein.
See "mobile homes" and "factory-manufactured homes."
Any freestanding pole that serves as a communication or broadcast
tower, and upon which an antenna, or antennas or other telecommunications
or broadcast equipment, is or has been located.
[Added 4-19-2001 by L.L. No. 1-2001]
Any commercial facility, such as a grocery, general, newspaper
or drug store or retail service establishment, intended principally
to serve the hamlet in which it is located.
Any person, corporation, firm, partnership or other entity
conducting a mining operation as defined herein with the Town of Chatham,
Columbia County, New York, and shall include any owner of land or
other premises situated within the said Town who permits or consents
to the use of such land or other premises by any person, corporation,
firm, partnership or other entity for a mining operation unless such
other person, corporation, firm, partnership or other entity is conducting
the same on such premises under a lease granting him sole occupancy,
use and possession of such premises for a term of at least one year
and is a permittee hereunder.
[Added 10-16-2002 by L.L. No. 4-2002]
All of the earth, vegetation and other materials which lie
above or alongside a mineral deposit.
[Added 10-16-2002 by L.L. No. 4-2002]
For purposes of this chapter, a space adequate
for parking an automobile with room for opening doors on both sides,
together with properly related access to a public street or alley
and maneuvering room. Required off-street parking areas for three
or more automobiles shall have individual spaces marked and shall
be so designed, maintained and regulated that no parking or maneuvering
incidental to parking shall be on any public street, walk or alley,
and so that any automobile may be parked and unparked without moving
another.
For purposes of rough computation, an off-street
parking space and necessary access and maneuvering room may be estimated
to be 300 square feet, but off-street parking requirements will be
considered to be met only when actual spaces meeting the requirements
above are provided and maintained, in a manner appropriate to the
circumstances of the case, and in accordance with all ordinances and
regulations of the Town.
Any individual, corporation, firm, partnership or similar
entity.
[Added 10-16-2002 by L.L. No. 4-2002]
An establishment primarily engaged in providing services
involving the care of a person or his or her apparel, such as a barbershop
or beauty parlor, shoe repair, dry cleaning, tailoring or dressmaking,
optician, health club, clothing, rental shop, photographic studio
and other similar services.
[Added 7-15-1999 by Ord. No. 1-1999]
Provides a means of clustered business expansion outside
of established commercial areas without creating "strip commercial
development." In effect, it creates a "floating commercial area" whose
specific location is judged according to its suitability and by the
criteria previously established.
The conditioning of the affected land to make it suitable
for any productive use, including but not limited to the planting
of forests, the planting of crops for harvest, the seeding of grass
and legumes for grazing purposes, the protection and enhancement of
wildlife and aquatic resources, the establishment of recreational,
residential, commercial, industrial and historical sites or for other
uses demonstrated to be consistent with the policy of the Town and/or
the DEC.
[Added 10-16-2002 by L.L. No. 4-2002]
A description of operations to be performed by the applicant
to reclaim the land to be mined over the life of the mine. The reclamation
plan shall include maps, plans, the schedule for reclamation, written
material and other documents as required by the Town and/or the DEC.
[Added 10-16-2002 by L.L. No. 4-2002]
A device of the law to allow flexibility of development of
housing with provisions for open space for the smaller projects that
would not be possible under other provisions of this chapter.
Any devise designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers, names of occupants
of premises or other identification of premises not having commercial
connotations.
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
Legal notices, identification, informational
or directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
A sign other than an on-site sign.
A sign relating in its subject matter to the premises on
which it is located, or to product, accommodations, services or activities
on the premises. On-site signs do not include signs erected by the
outdoor advertising industry in the conduct of the outdoor advertising
business.
For the purpose of determining number of signs,
a sign shall be considered to be a single display surface or display
device containing elements organized, related and composed to form
a unit. Where matter is displayed in a random manner without organized
relationship of elements, or where there is reasonable doubt about
the relationship of elements, each element shall be considered to
be a single sign.
The surface area of a sign shall be computed
as including the entire area within a regular geometric form or combinations
of regular geometric forms comprising all of the display area of the
sign, and including all of the elements of the matter displayed. Frames
and structural members not bearing advertising matter shall not be
included in computation of surface area.
As used in this chapter, means ownership by the same party
with identical names (or combination of names) as shown on the deed.
A special permit use is one that would not be appropriate
generally or without restriction throughout the zoning division or
district but which, if controlled as to number, area, location or
relation to the neighborhood, would promote the public health, safety,
order, comfort, convenience, appearance, prosperity or general welfare.
Such uses may be permitted in such zoning division or district as
specific provision for such special permits is made in this chapter
and if it is in accordance with the Comprehensive Plan.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, swimming
pools, mobile homes, walls, fences and tennis courts.
[Amended 7-15-1999 by Ord. No. 1-1999]
A structure defined and constructed specifically to support
an array antenna, and may include a monopole, self-supporting (lattice)
tower, guy wire support tower and other similar structures. Any device
which is used to attach a tower facility to an existing building or
structure shall be included in this definition.
[Added 4-19-2001 by L.L. No. 1-2001]
A water recreation facility with sides sloping greater than
30°.
See "communication or broadcast towers and facilities."
[Added 4-19-2001 by L.L. No. 1-2001]
Any vehicle used or so constructed as to permit its being
used as a conveyance on the public streets and highways and whether
licensed or not and constructed in such a manner as will permit occupancy
thereof as a dwelling or sleeping place for one or more persons and
not provided with a toilet and bathtub or shower and cannot readily
be connected to a community sewer and water service. A trailer under
this chapter shall also mean tent trailers, truck campers, vehicles
converted to sleeping facilities other than a mobile home and/or what
normally constitutes a permanent dwelling unit. This definition includes
uses to which trailers might be put.
Any portable vehicle or structure which is designed to be
transported on its own wheels; which is designed and intended to be
used for temporary living quarters for travel, recreational or vacation
purposes; and which may or may not include one or all of the accommodations
and facilities included in a mobile home.
[Added 7-15-1999 by Ord. No. 1-1999]
An assembly of travel trailers which are occupied for recreational
purposes on a seasonal basis only or which are stored unoccupied wholly
within enclosed structures.
[Added 7-31-2012 by L.L. No. 2-2012]
A variance is a relaxation of the terms of this chapter where
such variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of this chapter
would result in unnecessary and undue hardship.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
