In the construction of this chapter, the present tense shall
include the future; the singular number shall include the plural,
and the plural, the singular. The word "shall" is always used in its
mandatory and not its permissive sense, and "may" is always used in
its permissive sense and not its mandatory sense. The words "zone"
and "district" are synonymous, and the words "building" and "structure"
are synonymous. The word "used" shall include the words "arranged,
designed or intended to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
An apartment with not more than two bedrooms, allowed by a special permit in an owner-occupied dwelling. See § 360-29I below for other standards governing accessory apartments.
A building or structure on the same lot with and subordinate
to a principal building, occupied or devoted exclusively to an accessory
use. Where an "accessory building" is attached to a principal building
by a breezeway, roof, wall or the like, such "accessory building"
shall be considered part of the principal building.
A use customarily incidental and subordinate to the principal
and primary use upon any premises.
An establishment where film, slides, or any other images
of specified sexual activities or specified anatomical areas are available
for viewing by the public.
A bookstore or video store which, as one of its principal
business purposes, offers for sale or rental any printed matter or
video material that depicts specified anatomical areas or specified
sexual activities. For the purpose of this definition, a "principal
business purpose" shall mean that part of the business that constitutes
10% or more of the printed material or video material retail value
for sale or rent in the establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A nightclub, bar, tavern, juice bar or similar establishment,
whether or not such establishment is licensed to sell alcoholic beverages,
where persons appear in a state of nudity, or where there are live
performances, films, video material or slides characterized by the
exposure of specified anatomical areas or by specified sexual activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An establishment, or any part thereof, which includes any
of the following: topless or bottomless dancers or waitresses; strippers;
topless hair care or massages; entertainment where the servers or
entertainers wear pasties or G-strings; adult cabaret; adult arcade;
adult bookstore; or adult video store.
Gardening, farming or maintenance of orchards, the produce
of which is intended for the principal consumption of occupants of
an allowed principal use in the district. However, the maintenance
of livestock of any kind is specifically prohibited as a permitted
use and from the term of "agricultural use.
A public or private way having a right-of-way width of 20
feet or less.
As applied to a building or structure, any change or rearrangement
in the structural parts of existing facilities of such building or
structure or any enlargement thereof, whether by extension on any
side or by any increase in height, or the moving of such building
or structure from one location or position to another.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and shall
exclude the treatment or other care of humans.
One or more dwelling rooms, with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
unit development, special use or zoning variance.
When referring to the required area per dwelling unit, net
land area, the area exclusive of a street and other public open space.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof in any building.
A premises, including open areas, other than a street or
way, and showrooms, enclosed within a building used for the display
or sale of new or used automobiles, trucks, cargo trailers and boats.
An establishment for the washing of motor vehicles as a principal
use.
That space of a building that is partly below grade, which
has more than 1/2 of its height, measured from floor to ceiling, above
the finished grade of the ground adjoining the building.
A dwelling occupied by a family and used incidentally to
provide accommodation and meals to transient travelers and includes
a tourist home, but does not include a boarding house, rooming house,
domiciliary hostel, group home, motel or hotel.
A plot of land which is bounded on all its sides by public
streets or places.
A dwelling or part thereof where, for compensation, lodging
or meals, or both, are provided for nontransient guests.
An area of land, designated by the Planning Board or Zoning
Board of Appeals as a condition of a permit or approval, intended
to preserve or protect adjoining lands from a use that may adversely
affect an existing, adjoining use, neighborhood or zoning district.
Structures and parking areas are prohibited in buffer zones. Buffer
zones may be included in lot open space calculations.
A combination of materials to form a construction that is
safe and stable, adapted to permanent or continuous occupancy for
public, residence, business, assembly or storage purposes. The term
"building" shall be construed as if followed by the words "or part
thereof."
The area of the plot of land covered by the principal and
accessory buildings and structures. This includes the combined ground
floor area of all buildings and structures on a lot, measured at the
outside face of the exterior walls, including roofed porches, balconies
and cantilevered parts of the building at any level, but not including,
however, any structures, the heights of which do not exceed five feet.
The line, established by statute, local law or ordinance,
beyond which a building shall not exceed. This line is located within
the bounds of a lot and is parallel to a property line at a distance
from the respective property line equaling the respective required
front, rear or side yard.
An established building or structure lawfully existing prior
to and at the time of the adoption, revision or amendment of this
chapter which, because of its inherent nature or construction, does
not conform to and with the provisions of this chapter for the district
in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The vertical distance from the average grade adjacent to
the foundation walls to the top of the highest finished roof surface
of a flat roof or to the average height of a pitched, gabled, hip
or gambrel roof.
A building, including covered porches, in which is conducted
the principal use of the lot on which it is situated.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building and all open spaces
required in connection with a building, other structure or tract of
land.
A lot where motor vehicles are stored for the purpose of
sale or lease only.
That space of a building that is partly or entirely below
grade and which has more than 1/2 of its height, measured from floor
to ceiling, below the finished grade of the ground adjoining the building.
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries when operated with and within
the boundary of such cemetery.
A change from the use permitted in one zone district to a
use permitted in another zone district, or a change from a permitted
use to another kind of permitted use in the same zone, or any removal
of a building from one location to another, or the conversion of any
building or any part thereof from a use permitted in one zone district
to a use permitted in another zone district, or the conversion of
any building or any part thereof from a permitted use to another kind
of permitted use in the same zone.
Shall have the meaning set forth in Social Services Law § 390.
[Added 5-25-2006 by L.L.
No. 3-2006]
A building used for public worship by the members or representatives
of a religious sect or organization as defined by state statute.
Includes any land or lands over which the City of Plattsburgh,
New York, maintains control, including the public streets; the public
sidewalks, from the inner line thereof, adjacent to the property line
fronting thereon; and the space between the sidewalks and the curbs.
DENTAL CLINICA structure designed for the practice of dentistry in which nonresident patients are treated.
MEDICAL CLINICA structure designed for the practice of medicine in which nonresident patients are treated.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose on an exclusively not-for-profit basis, does
not provide overnight accommodations and which renders a service which
is customarily carried on as a business and which is not an adjunct
to or operated by or in connection with a public tavern, cafe, or
other public place.
A college or university giving general academic instruction.
Included within this term are areas or structures used for administration,
housing of students and faculty, dining halls and social or athletic
activities when located on the institution's land that is not detached
from land where classroom facilities are maintained.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property in any
form of joint ownership.
A lot, or part of a lot, licensed or leased to, or owned
by, a not-for-profit corporation whose members use the property for
the sole purpose of growing fruit, vegetables, flowers, and plants
for consumption or use by the members, donation to organizations who
give food to people who cannot afford it, but not for sale.
[Added 4-30-2009 by L.L.
No. 3-2009]
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Zoning Board of Appeals.
A building or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by the owners on a proportional undivided basis.
A yard of any general contractor or builder where equipment
and materials are stored or where a contractor performs shop or assembly
work, but not including any other yard or establishment otherwise
defined or classified herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A change in either occupancy or use of a building or land,
by alteration, addition, or other reorganization.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A multiple-unit residential building, the owners of which
jointly administer and maintain all dwelling units and building services,
facilities and amenities.
An open, unoccupied space, other than a yard, on the same
lot with a principal building, which is wholly or partially enclosed
by a building, wall or other structure.
INNER COURTA court surrounded on all sides by walls or by walls and a lot line which is not a street line.
OUTER COURTA court extending for its full width to an opening upon a street or yard.
Calendar days.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract to purchase or other persons having an enforceable
proprietary interest in such land.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
and any use or change in the use of land for which permission may
be required pursuant to this chapter.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage and including lands intended
as flood-control basins.
Includes drive-in outdoor theaters, refreshment stands, banks
and the like where patrons enter the premises and are served or entertained
in automobiles.
Open land with its appurtenant facilities devoted to the
showing of motion pictures to patrons in automobiles.
Land situated on a lot, used or intended to be used to provide
access to it by vehicular traffic.
A lot or land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A structure or portion of a structure containing a unit comprising
living accommodations designed and used for occupancy by only one
family.
A restaurant or similar facility providing for the sale and
consumption of food beverages by the public on the premises.
[Amended 3-13-2008 by L.L. No. 4-2008]
The term "family" means:
Any number of persons related by blood, marriage, or adoption
living together in a single housekeeping unit and using certain rooms
and sanitary and cooking facilities in common; or
Up to four unrelated persons living together in a single housekeeping
unit and using certain rooms and sanitary and cooking facilities in
common; or
Five or more persons occupying a dwelling unit and living together
as the functional equivalent of a family.
It shall be presumed that five or more persons occupying a dwelling
unit do not comprise the functional equivalent of a family. A functional
equivalent of a family is a group of persons living together in a
dwelling unit who:
The following facts shall be considered in deciding whether
a group intends to reside together on a permanent basis and has a
stable relationship:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Whether the group members regularly dine together.
Whether the dwelling is the legal residence of all group members
as evidenced by the address listed on their driver's license, motor
vehicle registration, voter registration card, income tax return or
any other document that lists the member's residence address.
Employment in the local area.
Joint or common ownership of household furnishings.
Other facts relevant to prove that the group functions as a
stable household unit and intends to reside together for the indefinite
future.
The Building Inspector shall make the initial determination
whether a group of persons living together in a dwelling unit is the
functional equivalent of a family. His determination may be appealed
to the Zoning Board of Appeals under the procedures for administrative
reviews in this chapter. (Note: This change requires a person "aggrieved"
by the Building Inspector's interpretation to exhaust his administrative
remedy of an appeal to the ZBA. If the ZBA upholds the interpretation,
the applicant must then take an Article 78[1] proceeding which imposes the burden of proof on the aggrieved
party.)
The aggregate area of all floors in a building enclosed by
an exterior wall, excluding, however, attic and unfinished basement
floors not used for anything other than storage or the location of
mechanical utilities, open porches, balconies, stairways, breezeways
and garages, as measured between inside faces of exterior walls.
The floor area of a building divided by the area of the lot
which it occupies.
A facility used for the housing, with or without dining facilities,
of students attending a college or university as defined herein. Or
an institution recognized by a local college or university that has
not had its charter revoked by an overseeing authority. However, for
purposes of consideration of area, bulk and special requirements of
this chapter, such facility shall be considered a boarding, lodging
or rooming house.
A group of individuals living together within a single dwelling
unit in a family-like living arrangement that:
A group of five or more unrelated individuals, exclusive of
minor dependent children, living together in the same dwelling unit
shall be presumed not to be living together as a functional family
that in size, appearance and structure resembles a family of related
individuals. This presumption may be rebutted by sufficient evidence
showing that their living arrangement possesses substantially each
of the following four characteristics.
The occupants share the entire dwelling unit. A unit in which
occupants act as separate roomers shall not be deemed to be occupied
by a functional family.
There is joint ownership of the dwelling unit, or a lease whereby
the occupants, except dependent occupants, are jointly and severally
liable to pay the entire rent for the premises. In situations where
the occupants have separate leases or rental agreements, they shall
be deemed not to be living together as a single housekeeping unit.
The presence of one or more occupants who is dependent upon
another occupant for their financial support.
There is evidence of stability of the housekeeping unit, and
that it is not transitory in character. The following criteria shall
be considered in determining stability.
Evidence that the occupants intend to reside together on a permanent
rather than on a transient basis, such as a showing that the household
has been living together for 12 months or more.
The sharing of household expenses by the occupants, such as
utility bills, insurance, real property taxes, cleaning supplies,
maintenance costs, food, and household supplies.
Joint or common ownership of household furnishings located in
the common areas of the dwelling unit.
The presence of dependent persons regularly residing in the
household.
The fact that different members of the household use the household
address for purposes of voter registration, driver's license, motor
vehicle registration, and filing of taxes.
Any other factors that show that the group is of a permanent
rather than a transient nature.
PRIVATE GARAGEA garage not conducted as a business or used for the storage space for more than one commercial vehicle, which shall be owned by a person residing on the premises.
PUBLIC GARAGEA garage conducted as a business. The rental of storage space for more than two passenger cars or for one commercial vehicle not owned by a person residing on the premises shall be deemed a business use.
When a curb level has been established, the curb level. When
a curb level has not been established or when the natural surface
is at a different level than the curb level and remains unchanged,
"grade" shall mean, with respect to a building, the average ground
elevation adjoining the building.
A residence occupied by five or more unrelated individuals
who are not a family.
Solid, liquid, or gaseous substances which pose a potential
hazard to human health or the environment when improperly treated,
stored, transported, disposed or otherwise managed, including, but
not limited to, the hazardous substances designated by the United
States Environmental Protection Agency under Section 311 of the Clean
Water Act (40 CFR 116).
Any structure located in an R-2 or RC District which exceeds
35 feet and/or 2Â 1/2 stories in height and also any structure
located in a C District which exceeds 36 feet and/or three stories
in height.
A geographically defined area possessing a significant concentration
or continuity of landmarks, improvements or landscape features united
by historic events or by physical development, and which area has
been designated as an historic landmark district; said district may
have within its boundaries noncontributing buildings or other structures
that, while not of such historic and/or architectural significance
to be designated as landmarks, nevertheless contribute to the overall
visual character of the district.
Land or a structure identified as an historic building or
place on the National Register of Historic Places, or an inventory
of historic or architecturally significant structures prepared or
approved by the New York State Office of Parks, Recreation and Historic
Preservation, a copy of which shall be kept on file in the office
of the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
to and secondary to the use of the dwelling for dwelling purposes
and does not change the character thereof. "Home occupations" may
be construed to include dressmaking, millinery, home cooking, musical
instruction limited to a single pupil at a time, art studios and activities
of a similar nature. Including home-based computer-related or telemarketing
operations. "Home occupations" shall not be construed to include barbershops
and beauty parlors, public stables, real estate offices, kennels,
animal hospitals, restaurants and tearooms, musical instruction to
groups, dancing instruction to groups, nursing homes, nursery schools,
public garages, plumbing or electrical shops or shops for other trades
or businesses of a similar nature, nor shall any customary "home occupation"
be construed to include that which requires the presence in the home
of machinery or equipment normally associated with commercial or industrial
activities or which produces offensive noise, vibration, smoke, dust,
odors, heat, glare or other nuisance.
A dwelling in which overnight accommodations are provided
for transient, paying guests.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanatoriums, and shall be limited to the treatment or other care of
humans.
A building in which lodging is provided, with or without
meals, and offered to the public for compensation and which is open
to transient guests, as distinguished from a boarding or rooming house,
apartment hotel, fraternity or sorority house.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
The location or premises used for any industrial operation.
NONPROFIT INSTITUTIONAL USESThose uses limited to churches, public or private schools covering kindergarten through grade 12, hospitals for humans, libraries and uses by the municipal, state or federal government.
PROFIT-MAKING INSTITUTIONAL USESThose uses limited to sanatoriums and nursing homes.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New York.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the City, whose right to use, acquire or enjoy property
is or may be affected by an action taken under this chapter or under
any other law of this state or of the United States or has been denied,
violated or infringed by an action or a failure to act under this
chapter.
A place over 200 square feet in area where waste, discarded
or salvaged materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled or handled, including auto wrecking
yards, house wrecking yards, used lumberyards and places or yards
for used or salvaged house wrecking and structural steel materials
and equipment, as distinguished from such uses when conducted entirely
within a completely enclosed building and as distinguished from pawnshops
and establishments for the sale, purchase or storage of used cars
in operable condition, salvaged machinery, used furniture and household
equipment and the processing of used, discarded or salvaged materials
as part of manufacturing operations. One or more motor vehicles not
properly registered and inspected and licensed by the State of New
York or not in operating condition for a period of over 60 days shall
be deemed to constitute a "junkyard.
Any establishment or building, including cages, dog runs
and structures, wherein more than three dogs or cats which are over
six months old are harbored, and such use shall be considered a business.
A business premises equipped with individual clothes washing
and drying and/or cleaning machines for the principal use of retail
customers.
The assembly, manufacture, fabrication, processing, or other
handling of products, the operation of which is conducted solely with
a building or group of buildings, and which does not involve any of
the following: (a) the outdoor storage of materials; (b) dissemination
of noise, vibration, odor, dust, smoke, observable gas or fumes, or
other observable atmospheric pollutants beyond the exterior walls
of the building where the use is conducted; (c) the creation of airborne,
liquid, or solid hazardous chemicals. A light industrial use may include
food and beverage facilities, showrooms, retail sale that are incidental
to promoting the sale of the product produced on the site.
Farm animals kept for use, for propagation, or for intended
profit or gain and, without limiting the generality of the foregoing,
includes: dairy and beef cattle, horses, swine, sheep, roosters, guinea
hens, ducks, turkeys, goats, geese, mink and rabbits. Female chickens
raised in accordance with this chapter, are not included within the
definition of "livestock."
[Amended 12-15-2022 by L.L. No. 6-2022]
A person, other than a family member of a family occupying
a part of any dwelling unit, who, for a consideration, is furnished
living accommodations in such dwelling unit.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. The boundary line of the City of Plattsburgh
shall be deemed the lot line of any parcel of ground abutting thereon.
The total square unit content of any lot, as measured within
the lot lines.
A lot at the intersection of two or more streets and which
has an interior angle of less than 135° at the intersection of
two street lines. A lot abutting upon a curved street shall be considered
a "corner lot" if the tangents to the curve at the points of intersection
of the side lot lines intersect at an interior angle of less than
135°.
The mean distance between the front and rear property liens
of any lot. If a lot shall not have parallel rear and front lines,
the average of such depths taken perpendicular to the front street
side line throughout the width of the lot shall constitute the average
depth of the lot.
The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street side lines and the intersection point of a side lot line with
a front street right-of-way line. In the case of a lot running throughout
from one street to another, the front of such lot shall, for the purpose
of this chapter, be considered that frontage upon which the majority
of the buildings in the same block front, but in case there has been
no clearly defined frontage established, the owner may, when applying
for a building permit, specify on his permit application which lot
line shall be considered the front lot line.
A lot other than a corner lot.
Any lot which has been established as such by plat, survey,
record or deed prior to the date of this chapter, as shown on the
records of the Clinton County Clerk's office.
An interior lot having frontages on two parallel or approximately
parallel streets.
The shortest straight-line distance between the two side
lines of any lot. If a lot shall not have parallel side lines, the
average of such widths parallel to the front street side line throughout
the depth of the lot shall constitute the average width of the lot.
A structure capable of sustaining static and dynamic loading,
which is constructed on a chassis assembly and designed for use without
a foundation, but which may or may not be located on a foundation.
A tract of land which is used or intended to be used for
the parking of 10 or more mobile homes.
A series of attached, semidetached or detached dwelling units
(one- or two-story) containing bedroom, bathroom and closet space,
where each unit has convenient access to a parking space for the use
of the unit's occupants. The units, with the exception of the apartment
of the manager or caretaker, are devoted to the use of automobile
transients.
Small-scale business, including both retail and personal
service establishments, which meet frequently recurring needs of nearby
residents and visitors to nearby public recreational facilities. Such
facilities shall be limited to less than 1,600 square feet of total
floor area. These facilities include:
Barber and beauty shops
Bicycle sales and repair shops
Candy, ice cream and confectionery shops
Greeting card shops, retail
Dairy products, retail
Pastry and coffee shops
Drugstores, retail
Florists, retail
Grocery, fruit, meat, and vegetable stores, retail
Laundry or dry cleaning pickup stations
Marine equipment sale shops
Newspaper, magazine, book and stationary stores
Shoe repair shops
Video rental stores
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A school or facility designed or used to provide daytime
care or instruction for four or more children from infant to five
years of age, inclusive, and operated on a regular basis.
A building or group of buildings in which nursing care and
medical services are prescribed by or performed under the general
direction of persons licensed to practice medicine or surgery in the
State of New York for the accommodation of convalescents or other
persons who are not acutely ill and not in need of hospital care but
who do require skilled nursing care and related medical services.
The residing of a person or persons in a dwelling unit overnight
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, public and industrial building.
The open unobstructed space from ground to sky at grade on
a lot accessible by walking and which is suitable for and maintained
as grass, flowers, trees, bushes and other landscaping and includes
any surface walk, patio or other similar area but does not include
driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or structure.
A particular geographic area where there is a specific concern
that has been identified as an additional zoning requirement over
and above the existing zoning designation. An overlay district may
encompass more than one presently zoned district and the overlay district
provides additional regulations for the land it includes. The zoning
text will describe these additional regulations.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be processed for development under this chapter.
An open area, other than a street or other public road or
way, used for the parking of motor vehicles, including access drives
or aisles for ingress and egress.
That portion of the parking area, exclusive of parking spaces,
designed and used for the purpose of maneuvering vehicles into designated
parking spaces.
A rectangular space, either outdoors or enclosed within a
structure, used for accommodation of off-street motor vehicle parking.
An area covered with impervious material, such as bituminous
concrete, asphalt or concrete, of sufficient depth to support the
anticipated load factor of the area in accordance with standard accepted
engineering practice.
Includes any person, individual, business entity, partnership,
corporation, company, organization or legal entity of any kind or
nature.
The map or maps of a subdivision.
A lot, together with all the buildings and uses thereon.
The primary or predominant use of any lot. A "principal structure"
is one devoted to the principal use.
Any right-of-way designated on a site plan or subdivision
plat as a route to be used for vehicular access to various locations
of the site or subdivision, but not intended to be dedicated for public
use.
Any artificially constructed basin or other structure designed
to contain water for use by the possessor, his family or guests for
swimming, diving and other aquatic sports and recreation, with the
maximum depth of water in the structure greater than 24 inches. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground without chlorination and/or
filtration equipment. The term does include hot tubs and jacuzzis.
An office principally occupied by a lawyer, engineer, architect,
accountant, insurance agent, stock broker, financial planner, real
estate agent or similar occupant.
[Added 3-1-1984, effective 3-16-1984]
Owned, operated or controlled by a governmental agency (federal,
state or local), including a corporation created by laws for the performance
of certain specialized governmental functions, a public school district
or service district.
Telephone and electric lines, poles, equipment and structures
and water or gas pipes, mains, valves or structures or sewer pipes,
valves or structures maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately owned public utility corporation.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or soil for sale as an industrial operation and
exclusive of the process of grading preparatory to the construction
of a building or highway construction.
A structure or portion of a structure set aside for the separate
private occupancy of a family and containing necessary living, sleeping,
dining, sanitary and kitchen facilities designed for the sole use
of the family.
SINGLE-FAMILY RESIDENCEA freestanding detached structure which contains a residence designed for and occupied by one family as defined herein.
TWO-FAMILY RESIDENCEA freestanding detached structure which contains residences separated by either horizontal floors or vertical walls, which are designed for and/or occupied by two families as defined herein. Horizontally separated residences may not be separately owned except as a condominium unit.
[Amended 12-20-2005 by L.L. No. 7-2005]
THREE-FAMILY RESIDENCEA freestanding detached structure which contains residences separated by either horizontal floors or vertical walls, which are designed for and occupied by three families as defined herein. Horizontally separated residences may not be separately owned except as a condominium unit.
[Amended 12-20-2005 by L.L. No. 7-2005]
MOBILE HOME RESIDENCEA vehicle or movable dwelling structure which is designed to be used as a residence as defined herein.
MULTIFAMILY RESIDENCEA building designed for occupancy by four or more families living independently of each other and containing four or more residences or dwelling units separated by vertical walls or horizontal floors unconnected except for access to the outside, common areas or to a common cellar.
TOWNHOUSE RESIDENCEA building designed for occupancy by two or more families living independently of each other and containing two or more residences or dwelling units separated by vertical walls, each with a separate access to the outside.
[Amended 12-20-2005 by L.L. No. 7-2005]
Areas designated as R-1, R-2 or RH under the Zoning Ordinance
of the City of Plattsburgh.
[Added 5-3-2002 by Ord.
No. 2-2002; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
A private hospital, whether or not such a facility is operated
for profit.
Public schools covering any or all grades, pre-kindergarten
through grade 12, and full-time private schools covering any or all
grades, pre-kindergarten through grade 12, operated by charitable
religious or eleemosynary organizations, which are attended to satisfy
state-mandated educational requirements.
A structure, building or premises or any portion thereof
that is used for the sale of gasoline or any other motor vehicle fuel
or oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may or may not include facilities for
lubricating, washing or otherwise servicing motor vehicles, but not
including the painting thereof by any means.
A line within the bounds of a lot parallel to a property
line at a distance from the respective property line equaling the
respective required front, rear or side yard.
A group of buildings or separate shops, stores or offices
on a single lot providing primarily retail services with supporting
service and office establishments.
An authorization of a particular land use which is permitted
in a zoning ordinance or local law, subject to requirements imposed
by such zoning ordinance or local law to ensure that the proposed
use is in harmony with such zoning ordinance or local law and will
not adversely affect the neighborhood if such requirements are met.
FULL STORYThat portion of a building included between the surface of any one floor, exclusive of any basement or cellar, and the surface of the floor next above it, or, if there is no floor above it, then that portion of the building included between the surface of any floor and the ceiling next above it, exclusive of any area between the horizontal plane of the eaves and the highest gable or slope of a hip or pitched roof.
HALF STORYThe habitable portion of a building which is a basement, as defined herein, and/or the area between the horizontal plane of the eaves and the highest gable or slope of a hip or pitched roof if the roof pitch exceeds five on 12.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or is shown upon a plat heretofore approved pursuant to law or is
approved by official action as provided by this chapter or is shown
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas
and other areas within the street lines.
The outermost line of the whole area devoted to street purposes
on either side thereof. "Street side line" is synonymous with "street
right-of-way line."
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, that is safe and stable and includes, among other
things, parking areas, stadiums, gospel and circus tents, reviewing
stands, platform staging, observation towers, radio and television
towers, water tanks and towers, trestles, piers, wharves, sheds, storage
bins, walls, fences and display signs. The word "structure" shall
be construed as if followed by the words "or part thereof."
The division of any parcel of land into two or more lots
or the re-subdivision of existing lots.
A building or part of a building devoted to presenting entertainment
on a paid admission basis.
BOAT TRAILERA vehicle designed exclusively for the transportation of one boat.
CAMP OR TRAVEL TRAILERA vehicle or portable structure, not over 256 square feet in floor area, equipped for but not regularly used for sleeping, but which may have sanitary facilities.
CARGO TRAILERA vehicle, not over 70 square feet in floor area, used for the hauling of cargo.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
An open, unoccupied space on the same lot with a building,
situated between a lot line and the parts of the main building, exclusive
of cornices and the uncovered porches, setting back from and nearest
to such line.
FRONT YARDA yard situated between the building and the street line, extending for the full width of the lot.
REAR YARDA yard situated between the main building and the rear of the lot, extending for the full width of the lot.
REQUIRED YARDA yard, as defined herein, which is required by provisions of this chapter to be maintained as a "yard."
SIDE YARDA yard situated between the building and the side line of the lot and extending through from the front yard of the lot to the rear yard or, where no front or rear yard is required, to the front or rear line of the lot.
[1]
Editor's Note: See New York Civil Practice Law and Rules,
Article 78, Proceeding Against Body or Officer.
