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:
- ACCESSORY APARTMENT
- 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.
- ACCESSORY BUILDING
- 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.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal and primary use upon any premises.
- ADULT ARCADE
- An establishment where film, slides, or any other images of specified sexual activities or specified anatomical areas are available for viewing by the public.
- ADULT BOOKSTORE or ADULT VIDEO STORE
- 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)]
- ADULT CABARET
- 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)]
- ADULT USE OR ENTERTAINMENT ESTABLISHMENTS
- 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.
- AGRICULTURAL USE
- 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.
- ALTERATION OF BUILDING
- 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.
- ANIMAL HOSPITAL or VETERINARY CLINIC
- 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.
- 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.
- AREA, LAND
- 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.
- AUTOMOBILE SALES AREA
- 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.
- AUTOMOBILE WASH
- 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.
- BOARDING, LODGING OR ROOMING HOUSE
- A dwelling or part thereof where, for compensation, lodging or meals, or both, are provided for nontransient guests.
- BUFFER ZONE
- 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."
- BUILDING COVERAGE
- 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.
- BUILDING LINE
- 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.
- BUILDING OR STRUCTURE, NONCONFORMING
- 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)]
- BUILDING, HEIGHT OF
- 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.
- BUILDING, PRINCIPAL
- 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.
- CAR SALES LOT
- 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.
- CHANGE OF USE
- 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.
- CHILD DAY-CARE CENTER
- Shall have the meaning set forth in Social Services Law § 390.[Added 5-25-2006 by L.L. No. 3-2006]
- CHURCH OR OTHER PLACE OF WORSHIP
- A building used for public worship by the members or representatives of a religious sect or organization as defined by state statute.
- CITY PROPERTY
- 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.
- 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.
- COLLEGE or UNIVERSITY
- 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.
- COMMON OWNERSHIP
- 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.
- COMMUNITY GARDEN
- 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]
- CONDITIONAL USE
- 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.
- CONTRACTOR'S YARD
- 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)]
- COOPERATIVE HOUSING PROJECT
- 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.
- 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.
- DRAINAGE RIGHT-OF-WAY
- 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.
- DRIVE-IN BUSINESS
- Includes drive-in outdoor theaters, refreshment stands, banks and the like where patrons enter the premises and are served or entertained in automobiles.
- DRIVE-IN OUTDOOR THEATER
- 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.
- DWELLING UNIT
- A structure or portion of a structure containing a unit comprising living accommodations designed and used for occupancy by only one family.
- EATING AND/OR DRINKING ESTABLISHMENT
- A restaurant or similar facility providing for the sale and consumption of food beverages by the public on the premises.
- A. The term "family" means:
- (1) 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
- (2) Up to four unrelated persons living together in a single housekeeping unit and using certain rooms and sanitary and cooking facilities in common; or
- (3) Five or more persons occupying a dwelling unit and living together as the functional equivalent of a family.
- B. 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:
- C. The following facts shall be considered in deciding whether a group intends to reside together on a permanent basis and has a stable relationship:
- (1) The presence of minor dependent children regularly residing in the household who are enrolled in local schools.
- (2) Whether the group members regularly dine together.
- (3) 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.
- (4) Employment in the local area.
- (5) Joint or common ownership of household furnishings.
- (6) Other facts relevant to prove that the group functions as a stable household unit and intends to reside together for the indefinite future.
- D. 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 proceeding which imposes the burden of proof on the aggrieved party.)
- FLOOR AREA
- 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.
- FLOOR AREA RATIO
- The floor area of a building divided by the area of the lot which it occupies.
- FRATERNITY HOUSE, SORORITY HOUSE, DORMITORY AND RESIDENCE HALL
- 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. A group of individuals living together within a single dwelling unit in a family-like living arrangement that:
- B. 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.
- (1) 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.
- (2) 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.
- (3) The presence of one or more occupants who is dependent upon another occupant for their financial support.
- (4) 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.
- (a) 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.
- (b) The sharing of household expenses by the occupants, such as utility bills, insurance, real property taxes, cleaning supplies, maintenance costs, food, and household supplies.
- (c) Joint or common ownership of household furnishings located in the common areas of the dwelling unit.
- (d) The presence of dependent persons regularly residing in the household.
- (e) 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.
- (f) Any other factors that show that the group is of a permanent rather than a transient nature.
- 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.
- GROUP RESIDENCE
- A residence occupied by five or more unrelated individuals who are not a family.
- HAZARDOUS CHEMICAL
- 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).
- HIGH RISE
- Any structure located in an R-2 or RC District which exceeds 35 feet and/or 2 1/2 stories in height and also any structure located in a C District which exceeds 36 feet and/or three stories in height.
- HISTORIC DISTRICT
- 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.
- HISTORIC SITE
- 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)]
- HOME OCCUPATION
- 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.
- HOME, TOURIST
- 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.
- INDUSTRIAL OPERATION OR USE
- 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.
- A. In a criminal or quasi-criminal proceeding, any citizen of the State of New York.
- B. 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.
- LAUNDRY, COIN-OPERATED AND DRY CLEANER
- A business premises equipped with individual clothes washing and drying and/or cleaning machines for the principal use of retail customers.
- LIGHT INDUSTRIAL USE
- 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, laying hens, chicken and turkey broilers, turkeys, goats, geese, mink and rabbits.
- LODGER, BOARDER or ROOMER
- 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.
- LOT AREA
- The total square unit content of any lot, as measured within the lot lines.
- LOT, CORNER
- 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°.
- LOT DEPTH
- 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.
- LOT FRONTAGE
- 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.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT OF RECORD
- 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.
- LOT, THROUGH
- An interior lot having frontages on two parallel or approximately parallel streets.
- LOT WIDTH
- 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.
- MOBILE HOME
- 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.
- MOBILE HOME PARK
- 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.
- NEIGHBORHOOD AND CONVENIENCE-TYPE COMMERCIAL FACILITIES
- 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:
- A. Barber and beauty shops
- B. Bicycle sales and repair shops
- C. Candy, ice cream and confectionery shops
- D. Greeting card shops, retail
- E. Dairy products, retail
- F. Pastry and coffee shops
- G. Drugstores, retail
- H. Florists, retail
- I. Grocery, fruit, meat, and vegetable stores, retail
- J. Laundry or dry cleaning pickup stations
- K. Marine equipment sale shops
- L. Newspaper, magazine, book and stationary stores
- M. Shoe repair shops
- N. Video rental stores
- NONCONFORMING LOT
- 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.
- NONCONFORMING STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- NURSERY SCHOOL or DAY-CARE FACILITY
- 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.
- NURSING HOME
- 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.
- OCCUPANCY or OCCUPIED
- 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.
- OPEN SPACE
- 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.
- OVERLAY ZONING DISTRICT
- 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.
- PARKING AREA
- 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.
- PARKING MANEUVER AREA
- That portion of the parking area, exclusive of parking spaces, designed and used for the purpose of maneuvering vehicles into designated parking spaces.
- PARKING SPACE
- A rectangular space, either outdoors or enclosed within a structure, used for accommodation of off-street motor vehicle parking.
- PAVED AREA
- 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.
- PRINCIPAL USE OR STRUCTURE
- The primary or predominant use of any lot. A "principal structure" is one devoted to the principal use.
- PRIVATE STREET
- 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.
- PRIVATE SWIMMING POOL
- 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.
- PROFESSIONAL OFFICE
- 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.
- PUBLIC UTILITY FACILITIES
- 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.
- QUARRY, SAND PIT, GRAVEL PIT OR TOPSOIL STRIPPING
- 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.
- RESIDENTIAL DISTRICT
- 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.
- SERVICE STATION
- 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.
- SETBACK LINE
- 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.
- SHOPPING CENTER
- A group of buildings or separate shops, stores or offices on a single lot providing primarily retail services with supporting service and office establishments.
- SPECIAL USE PERMIT
- 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.
- 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.
- STREET SIDE LINE
- 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.
- 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.
Editor's Note: See New York Civil Practice Law and Rules, Article 78, Proceeding Against Body or Officer.