A.
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the latest edition of the Merriam-Webster Dictionary.
B.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the work "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this law" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.
The word "person," as used in this chapter, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.
The word "lot" includes the word "plot."
E.
The term "occupied" or "used," as applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be occupied or used."
F.
"Shall" is always mandatory, except when applied to public officials,
in which event shall is directory. Time requirements shall, nevertheless,
be considered mandatory.
G.
Those terms related to building and land use that have not been defined
herein shall have the meaning given to them under the New York State
Building Code.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure.
A use of a building or land for a business which has obscene
materials as a significant portion of its stock-in-trade. Obscene
materials include any literature, book, magazine, pamphlet, newspaper,
paper, comic book, drawing, photograph, figure, image, motion picture,
sound recording, article, instrument or any other written or recorded
matter which depicts or describes sexual conduct and which, taken
as a whole, does not have serious literary, artistic, political or
scientific value.
Operations, including, but not limited to, farms, greenhouses,
plant nurseries, gardens and tree farms or game preserves, where crops
such as trees, plants, game animals, fish and birds are harvested
by the general public under the supervision of the landowner or lessee
and any other such accessory use, buildings or structures, customarily
incidental to said agricultural operations.
A change, enlargement or rearrangement in the structural
parts of a structure, whether by extending on a side or by increasing
in height; or moving from one location or position to another.
A facility for the medical or surgical care and treatment
of animals, including shelters and like facilities, other than animal
kennels as described herein.[1]
Any use of land, including any buildings or structures thereon,
that is used for the supply of gasoline, oil or other fuel for the
propulsion of motor vehicles and/or activities related to the maintenance
of automobiles or other vehicles or equipment, including, but not
limited to, polishing, greasing, waxing, washing, servicing, equipping
or repairing of motor vehicles.
An establishment authorizing the sale of alcoholic beverages
for on-premises consumption.[2]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner-occupied house or portion thereof where short-term
(14 days or less) lodging rooms and meals are provided for in-house
guests.
A dwelling where not less than five or more than 10 unrelated
persons are furnished sleeping accommodations or lodged for a fee
with or without meals.[3]
A business that makes and sells beer.[4]
The ground area of a lot which shall be left in its natural
state or planted, as may be required by code and/or district regulations
or the Planning Board in connection with site plan review.
Any structure having a roof supported by such things as columns,
posts, piers or walls and intended for the shelter, business, housing
or enclosing of persons, animals, property or other materials, including
any combination of materials forming any construction. The term "building"
shall include the term "structure," as well as the following:
Signs.
Walls and retaining walls.
Radio, television and microwave antennas, except for such antennas
installed on the roof of a "building" and extending not more than
10 feet above the highest level of the roof of such "building."
Porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission or wind-energy generation towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
The vertical distance measured from the average elevation
of the proposed finished grade to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the mean height
between eves and ridge for gable, hip and gambrel roofs.
The person charged by the Town Board with responsibility
for administration and enforcement of this chapter.
A public or privately owned facility consisting of campsites
(tents, cabins, travel trailers, or other recreational vehicles) offered
for sale or rent on a nightly, weekly, monthly, or seasonal basis,
as well as common amenities intended to serve campground patrons.
Such amenities may include restaurants, conference facilities, rest
rooms, recreation areas, small-scale convenience marts, and assembly
areas. Campsites may or may not feature access to publicly or privately
maintained utilities such as sewer, water, or electric service.[5]
An organization catering exclusively to members and their
guests, which is not conducted primarily for gain, provided they do
not include any vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club. Accessory uses and/or structures may include such subordinate
purposes as administration, operation, accommodations, and the sale
of food and drink primarily to members and their guests.
Grouping of buildings (whether on individual lots or in condominium
ownership) in proximities closer than permitted by the existing zoning
and subdivision regulations in order to preserve open space and to
minimize infrastructure improvements pursuant to § 278 of
the New York State Town Law (also known as "conservation subdivision").
An indoor or outdoor privately run business involving playing
fields, courts, arenas or halls designed to accommodate sports and
recreational activities, such as, but not limited to, billiards, bowling,
dance halls, gymnasiums, health spas, skating rinks, tennis courts,
swimming pools, team sports, hunting and fishing clubs, conservation
clubs and golf courses.
Radio masts and towers are typically tall structures designed
to support antennas (also known as "aerials") for telecommunications
and broadcasting, including television.[6]
A commercial enterprise or club where patrons pay a membership
fee or other fee for purposes of hunting and fishing in a contained
area during any portion of the year.
A retail store containing less than 2,000 square feet of
gross floor area that is designed and stocked primarily to sell food,
beverages, and household supplies to customers who purchase only a
relatively few items.
A driveway or other entranceway to a public highway requiring
a break in the curbline or shoulder.
A nonresidential facility which meets New York State requirements
for certification intended to provide daily assistance and/or supervision
to handicapped adults, the elderly or adults otherwise requiring assistance
to perform activities associated with daily living.
A nonresidential facility intended to provide for the daytime
care and supervision of children for a period exceeding three hours
and which meets New York State requirements for certification.
A building or portion thereof containing more than two dwelling
units but intended for single ownership. Single ownership is not intended
to preclude cooperative or condominium ownership.
A detached building designed or occupied exclusively by one
family and having two side yards, erected on a permanent foundation,
with/without basement and equipped for year-round occupancy.
A structure containing two dwelling units.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities and no less than 900 square feet
of habitable space for a single family, including any domestic servants
employed on the premises, and having no enclosed space (other than
vestibules, entrances or other hallways or porches) or cooking or
sanitary facilities in common with any other "dwelling unit." The
rental units/rooms in a boardinghouse, dormitory, hotel, motel, inn,
nursing home or other similar building shall not be deemed to constitute
"dwelling units."
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, water and sewage collection
systems along with normal accessory activities.
Any number of related individuals or as many as 12 unrelated
persons living together as a single, permanent and stable nonprofit
housekeeping unit, using all rooms in the dwelling and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together with sharing of food, rent,
utilities or other household expenses. Households or groups of more
than 12 unrelated persons living together shall not be considered
families for purposes of this chapter unless affirmative evidence
is presented to indicate to the satisfaction of the Building Inspector
III that the household or group meets the other criteria contained
herein.
Any plot of ground over three acres in size and used strictly
for agricultural operations. These include the cultivation of the
ground for the production of crops, the raising of livestock and other
closely related items.
The sum of the area of all floors of a building as measured
from the exterior walls.
An area of land or facility that meets the terms set out
for such facilities by the New York State Department of Environmental
Conservation and is permitted by said agency.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises. Garage space is not classed as living
area even when part of a dwelling. Detached garages for residences
are accessory structures under this Code.
Any material defined by the United States Environmental Protection
Agency (USEPA) as hazardous or toxic due to its characteristics, including,
but not limited to, direct or indirect toxicity, radioactivity, explosivity,
and flammability, or other characteristics as the USEPA or its successors
may revise from time to time.
A facility or institution principally engaged in providing
services for human health maintenance, including a hospital, nursing
home, assisted living facility, physical rehabilitation center, medical
clinic or medical laboratory.
An activity carried out for gain by a resident and conducted
on the same lot as the resident's dwelling. Such an activity must
be actually and primarily engaged in by the resident, subject to such
limits on the number of nonresident employees as elsewhere established
herein. A home business shall not include any other business activity
that is specifically defined or provided for by this Code.
An activity carried out for gain by a resident or family
member and conducted in the resident's dwelling unit or in an accessory
structure to the resident's dwelling. Such an activity must be actually
and primarily engaged in by the resident, and all material operations
and incidents of the activity must be confined to the interior of
the building or accessory structure.
A building in which lodging is provided in guest units and
offered to the public for compensation and in which ingress and egress
to and from all rooms are made through an inside lobby or office,
supervised by a person in charge at all hours. The guest unit shall
consist of a room arranged or designed to be available for use as
sleeping quarters for transient guests on a daily or weekly basis.
The term "hotel" does not include bed-and-breakfast establishments.
A tract of land providing for more than one industrial use,
as defined under "light industrial," designed, maintained and operated
as a unit in single ownership or control and sharing certain facilities
in common, such as driveways, parking areas, drainage, utilities and
screening.
Uses involving manufacturing or processing involving changing
the nature, size, or shape of substances of raw materials, or recombining
raw materials. Industrial uses may involve the use of chemical applications,
heat, pressure or other mechanical processing methods.
An area of land with or without buildings used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags
or scrap metal; or used building materials, house furnishing, machinery,
or parts thereof; with or without dismantling, processing, salvage,
sale or use or disposition of same.
Any building, structure or premises with more than four dogs
that are not owned or boarded but not bred or sold for commercial
purposes.[7]
An adult-use cannabis retail dispensary and/or on-site consumption
site licensed pursuant to Article 4 of the New York State Cannabis
Law, as amended.
[Added 6-14-2022 by L.L. No. 2-2022]
Industrial uses such as manufacturing, processing and assemblage
that are of a nonpolluting nature, particularly in regard to reservoir
and groundwater resources, and in regard to ambient air quality, noise
and light radiation.
A tract, plot, or portion of a subdivision or other parcel
of land.
CONFORMINGA lot having not less than minimum area and dimensions required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
NONCONFORMINGA parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.
A lot at the junction of, or abutting on, two or more intersecting
streets.
The percentage of the plot or lot area covered by the building
area and all impervious surface. Parking areas, regardless of how
surfaced, shall be considered impervious.
The mean distance from the street line of a lot to the rear
lot line of such lot, not to include the street or road right-of-way.
A lot located in such a position that it is to the rear of
a lot fronting on the same street with or without a shared curb cut.
The lot line generally opposite the street line.
The shortest distance between side lot lines measured at
the front yard setback line.
Farm, earth-moving and excavating equipment.
Any naturally formed solid material of commercial value located
on or below the surface of the earth. For purposes of this chapter,
peat and topsoil shall be considered "minerals."
The extraction or removal of minerals from the ground for
sale or exchange or for commercial, industrial or municipal use. This
definition shall not apply to:
The excavation or grading of an area necessary to prepare a
site for construction in accordance with an approved building permit,
site plan or subdivision plan, provided that the excavation takes
place within the project site, does not involve the sale or exchange
of mineral resources to off-site locations and is an integral part
of the involved project activities.
Excavations or grading undertaken to enhance the agricultural
use of lands or to provide for structures or other improvements that
benefit or are necessary for ongoing or imminent agricultural activities.
This exemption applies only to excavations where the mineral removal
and subsequent reclamation enhances the agricultural usability or
productivity of the land.
A structure, transportable in one of more sections, that
is built on a permanent chassis and designed to be used as a dwelling
unit when affixed to a permanent foundation or placed on a concrete
slab and connected to the required utilities. Mobile home does not
include a modular home (see below).
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for dwelling
purposes, and which has complied with all applicable state and municipal
requirements with respect to such improvements.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State Building Code, in which prefabricated
components assembled at the plant are sent to a housing site in two
or more pieces, depending on the size and style of said housing, to
be joined together to form a complete house on a permanent foundation.
A modular home is a form of construction.
A building or group of buildings, whether detached or in
connected units, containing living and sleeping accommodations used
primarily for transient occupancy and which has individual entrances,
from outside the building, to serve each guest unit. The guest unit
shall consist of a room arranged or designed to be available for use
as sleeping quarters for transient guests on a daily or weekly fee
basis. The term "motel" includes buildings designated as tourist courts,
motor lodges, auto courts and similar appellations, but does not include
boardinghouses.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting. (Such definitions
shall not encompass those retail establishments that buy the majority
of their horticulture stock wholesale, not propagating it themselves.)
Any private school, accredited by the Education Department
of the State of New York, designed to provide daytime care and instruction
for not more than 75 children from two to six years of age, inclusive.
Space within a building wherein persons normally work or
remain for a period of time.
A place or establishment used for the organizational or administrative
aspects of a trade, or used in the conduct of a profession or business,
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
salesmen, sales representatives, architects, engineers, physicians,
dentists, attorneys, insurance brokers, real estate brokers and persons
with similar occupations.
An unenclosed portion of a lot that is not devoted to driveways
or parking spaces and generally free of structures of any kind except
for permitted accessory uses.
The storage of building supplies, raw materials, finished
products, machinery and equipment outside the principal building and
as permitted within certain nonresidential districts.
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter or right. Any use which is not listed as a permitted,
special use or accessory use shall be considered a prohibited use.
An establishment primarily engaged in providing services
involving the care of a person or personal apparel, such as a beauty
parlor, barber shop, health and fitness center, tailor, or custom
cleaning services.
Any building or lot on which any of the following occur:[8]
At least three or more dogs at any one time are bred or sold
for commercial purposes; or
Any adult female dog is bred more than once in any twelve-month
period with the intent of selling/giving away dog's said pups; or
More than two litters of pups are sold or given away in a twelve-month
period.
A building in which is conducted the main or principal use
of the lot on which it is located.
Structures and uses operated by a governmental agency (whether
municipal, county, regional, state or federal) in the proper exercise
of their jurisdiction.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products, and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed, and wherein there is no outside
display of any materials or products.
Any premises where food and/or beverages are commercially
sold for on-premises consumption to patrons seated at tables or counters
and where table service is provided. Any facility without table service
or providing parking lot service to cars where the food is to be eaten
outside of the structure and/or off the premises shall not be considered
a "restaurant" for the purposes of this chapter and shall be deemed
to be a "drive-in or fast-food restaurant."
A business enterprise primarily engaged in the sale of quickly
prepared food and beverages selected by patrons from a limited line
of prepared specialized items, such as hamburgers, chicken, pizza,
tacos, ice cream and hot dogs, for take-out and/or on-premises consumption
(in the latter case, where orders are placed at a counter as opposed
to table service via a waiter/waitress, in a facility where the floor
area available for dining is less than 1/2 of the gross floor area,
and a major portion of the sales to the public is at a drive-in or
stand-up type counter. The term "fast-food restaurant" shall not include
bakeries, delicatessens, or similar types of retail establishments.
See also "restaurant."
Stores and shops where goods are sold primarily at retail.
Such sales are primarily made directly to the consumer and include,
but are not limited to, goods such as food and beverages; florists;
shoes and clothing; hardware, paint and wallpaper; carpeting; hobby
and crafts; books; furniture; antiques; art supplies; music; pharmacies;
jewelry; photographic supplies; pets; gifts; stationery; sporting
goods; fabrics; optical goods; launderette/laundromat, and appliances;
but excluding lumber yards, restaurants and fast-food restaurants.
Outside storage or display of goods for such is permitted only with
site plan review by the Planning Board.
An institution, not owned by a public agency, which offers
to its students formal education and is chartered by the Board of
Regents of the University of State of New York.
An institution under the jurisdiction of a school district
or other public agency and legally constituted by the State of New
York to offer free formal education to residents of the district.
The blocking, shielding or concealment of views, vistas and
noise through a proper and well designed scheme of planting trees,
shrubs, hedges or vines or the installation of a fence approved by
the Planning Board.
A multifamily dwelling, restricted to occupancy by persons
of 62 years of age or older, where such residents are supported in
the activities of daily living by trained staff.
An area or facility where bows or guns are fired for purposes
of practice or competition.
A rendering, drawing, or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, that
shows the arrangement, layout and design of the proposed use of a
single parcel of land as shown on said plan.
An authorization of a particular land use permitted by this
chapter, subject to requirements imposed by this chapter to assure
the proposed use is in harmony with this chapter and will not adversely
affect the neighborhood if such requirements are met.
An accessory structure in which equines are kept for private
noncommercial use.
A building in which any equines are kept for commercial use.
Any lot, other than a mini-warehouse, upon which items of
personal property are stored for a fee.[9]
Any vehicular way improved to the standards of the Town,
shown on the Official Map of the Town of Montour; existing as a town,
county or state highway; shown on an approved subdivision plat; or
a street shown on a plat filed with the County Clerk prior to the
Planning Board's authorization to review subdivisions.[10]
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, telecommunications
facilities, sheds, storage bins, billboards, and display signs.
Any nonportable pool installed above or below ground, containing
an artificial body of water at least 24 inches deep and to be used
for swimming or bathing. As used herein, the word "pool" shall be
synonymous with the term "swimming pool."[11]
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation and vacation
and having a body width not exceeding eight feet and a body length
not exceeding 34 feet.[12]
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis with or without truck maintenance
and repair facilities.
A building or structure containing at least one residential
use and one nonresidential use, both of which are primary uses and
neither of which is subordinate to the other. Residential structures
containing home occupations are not "mixed uses."
An area, the principal use of which is to house plumbing,
heating, mechanical and/or ventilating equipment. Such space within
a dwelling unit may not be counted toward the minimum square footage
of living area.
A relief from the regulations of this chapter, granted by
the Zoning Board of Appeals in accordance with applicable state standards.
Any device on wheels, treads or runners, self-propelled or
towed, including, but not limited to, automobiles, trucks, motorcycles,
trailers of all types and snowmobiles.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used; boats or trailers; and other equipment; whether displayed
within a totally enclosed building or an outdoor area or combination
thereof.
A building, or part of a building, for storing of goods,
wares, and merchandise whether for the owner or for others, and whether
it is public or private warehouse.
A structure or group of structures for the dead storage of
customers' goods and wares where individual stalls or lockers are
rented out to different tenants for storage and where one or more
stalls or lockers have less than 500 square feet of floor area.
A building or property that produces wine, or a business
involved in the production of wine, such as a wine company.[13]
A structure and accessories used for religious observances,
such as churches and synagogues.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts, and other customary yard accessories, ornaments,
and furniture may be permitted in any yard subject to height limitation
and requirements limiting obstruction of visibility.
A yard extending between side lot lines across the front
of a lot adjoining a public street. In the case of through lots or
corner lots, unless the prevailing front yard pattern on adjoining
lots indicates otherwise, front yards shall be provided on all frontages.
Front yards shall be measured from the edge of pavement.
A yard extending across the rear of the lot between inner
side yard lines. In the case of through lots that front on two or
more streets, there will be no rear yard, but only front and side
yards.
A yard extending from the rear line of the required front
yard to the rear lot line, or, in the absence of any clearly defined
rear lot line, to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of required front
yards. In the case of corner lots, one of the yards remaining after
the designation of front yards shall be considered the side yard,
and the other the rear yard.
