For the purpose of this chapter certain words shall have the
following meanings unless otherwise required by the context:
A.
Words used in the present tense include the future;
B.
The singular number includes the plural, and the plural the singular;
C.
The word "building" includes the word "structure";
D.
The word "occupied" includes the words "designed or intended to be
occupied"; and
E.
The word "used" includes the words "arranged, designed or intended
to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate to and clearly incidental to the principal
building on the same lot, and used for the purposes customarily incidental
to those of the principal building. An accessory building shall not
contain habitable space. For the purposes of this chapter, tractor
trailers, shipping containers, PODS®, and similar structures are not considered to be accessory buildings.
A habitable living unit added to or detached from a single-family
residence that provides the basic requirements of living, sleeping,
eating, cooking, and sanitation.
A building used for the care, protection and supervision
for fee of more than 12 elderly or disabled adults for part of a twenty-four-hour
day, such care to include personal assistance, development of skills
for daily living and opportunities for social contact.
Any building used for the care, protection and supervision
for fee, at least once a week, of not more than six elderly or disabled
adults for part of a twenty-four-hour day by a resident of the dwelling,
such care to include personal assistance, development of skills for
daily living and opportunities for social contact, excluding, however,
the care of an adult(s) given by relatives.
Any building used for the care, protection and supervision
for fee, more than once a week, of more than six but not more than
12 elderly or disabled adults for part of a twenty-four-hour day by
a resident of the dwelling, such care to include personal assistance,
development of skills for daily living and opportunities for social
contact.
A business, including arcades, bookstores, theatres, dance
clubs, massage parlors and similar establishments, providing live,
motion picture, videocassette, slide, photographic or computer-generated
visual entertainment characterized by: the display of less than opaquely
covered female human genitals or male human genitals in a discernible
turgid state, the human pubic region, buttocks, or female breast or
breasts below the top of the areola; or human sexual activity, including
human genitals in a state of sexual arousal, or acts of sexual intercourse,
sodomy or masturbation, or fondling or other touching of human genitals,
pubic region, buttocks or breasts for the purpose of sexual arousal;
and/or the retail sale of books, magazines, newspapers, movies, slides,
films, devices or other photographic or written reproductions characterized
by: the display of less than opaquely covered female human genitals
or male human genitals in a discernible turgid state, the human pubic
region, buttocks, or female breast or breasts below the top of the
areola; or human sexual activity, including human genitals in a state
of sexual arousal, or acts of sexual intercourse, sodomy or masturbation,
or fondling or other touching of human genitals, pubic region, buttocks
or breasts for the purpose of sexual arousal.
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock or other horticultural products. This
structure shall not be a place of human habitation.
Facilities for recreational, educational, and entertainment
activities operated in conjunction with and as part of an overall
direct farm marketing strategy for an active farm operation or farm
market. These facilities shall contribute to the production, preparation
and marketing of the following:
Crops;
Livestock and livestock products;
Distilled and brewed products, cider, and wine when composed
predominantly of on-farm produced grain, hops, grapes or other fruits;
and
Foodstuffs and prepared foods comprised primarily of ingredients
produced on the premises for consumption on-site and off-site.
On-farm events, including, but not limited to, farm tours,
hayrides, corn mazes, seasonal petting farms, opportunities to pick
or cut produce on "pick your own" or "cut your own" fields or orchards
or pumpkin patches, educational demonstrations, and classes related
to agricultural products or skills offered in conjunction with the
above. Events must be directly related to the sale and promotion of
the crops, livestock and livestock products produced at the farm;
incidental and subordinate to the retail or wholesale sale of the
farm's crops, livestock and livestock products; hosted by the farm
operation; and prominently feature the farm's crops, livestock and
livestock products at all locations in which the event is conducted
on the farm.
See "farm operation."
A sign, all or any part of which is designed to be moved
by action of forced air so as to make the sign appear to be animated
or otherwise have motion.
An area of land or water set aside and designed for the landing
and takeoff of aircraft, that is regulated by the Federal Aviation
Administration (FAA), and that includes facilities necessary for the
housing and maintenance of aircraft.
An area of land or water set aside and designed to be utilized
by the owner of the property for the landing and takeoff of aircraft,
and that includes facilities necessary for the housing and maintenance
of aircraft.
Any roadway, driveway, alley or parking lot surface paved
with crushed stone, asphalt, concrete or other pervious or impervious
material in a manner that will support the weight of anticipated vehicular
traffic in all weather conditions and minimize the potential for ruts,
potholes or pooling of water. (See also "impervious surface.")
A facility providing rides, games, variety shows and other
forms of entertainment, and food and drink for the amusement of the
general public.
An animal waste storage impoundment made by constructing
an embankment and/or excavating a pit or dugout, or by fabricating
a structure consisting of constructed surfaces, tanks, or walls for
the purpose of storing waste above or below the ground surface.
A use involving small-scale production or assembly with no
noxious by-products, and which may include a showroom or ancillary
sales of products. No processes or equipment may be used that create
heat, glare, dust, smoke, fumes, odors, or vibration detectable off
the property.
An enclosed place or establishment conducted or operated
for compensation or profit as a private or public market where items
of a personal or business nature, motor vehicles, machinery, heavy
equipment, items of an industrial nature, or items not normally found
within retail stores are offered for sale through competitive bidding.
The term "auction house" does not include flea markets, yard sales,
livestock markets, or bank repossession sales.
An awning sign is a sign printed on any of the surfaces of
an awning, and which may include an under-awning sign attached to
and mounted under the awning.
A sign that is an air-inflated graphic, which may be of various
shapes, made of flexible fabric, resting on the ground or a structure
and equipped with a portable blower motor that provides a constant
flow of air into the device. Balloon signs are restrained, attached,
or held in place by a cord, rope, cable, or similar method. See also
"air-activated graphics."
A temporary sign composed of cloth, canvas, plastic, fabric,
or similar lightweight, nonrigid material that can be mounted to a
structure with cord, rope, cable, or a similar method or that may
be supported by stakes in the ground.
An establishment primarily engaged in the retail sale of
alcoholic drinks, such as beer, ale, wine and liquor, for consumption
on the premises.
An owner-occupied, one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers and containing not more than six bedrooms for such lodgers.
Establishment for the purpose of renting nonmotorized recreation
equipment, such as bicycles and cross-country skis, where there is
no permanent outdoor storage or display of equipment, and may include
retail sales incidental and subordinate to nonmotorized recreation
activities, subject to the following: no more than 20% of the square
footage of the building or structure used by the establishment will
be used for such retail sales.
A temporary sign constructed of cloth, canvas, plastic fabric,
or similar lightweight, nonrigid material and supported by a single
vertical pole mounted into the ground or on a portable structure.
A building arranged or used for lodging for compensation,
with or without meals, for up to 15 occupants, and which is not occupied
as a single-family unit.
The standard height at which the caliper (diameter) of a
tree is measured, 4 1/2 feet above the base of the trunk of the
tree.
A strip of land on each side of a stream that is left vegetated
or replanted with native woody tree and shrub plants to provide several
important societal services, including flood reduction, erosion control,
groundwater filtration, surface water quality improvement and wildlife
habitat.
Any structure having a roof supported by columns, posts or
walls.
The height of any building shall be the vertical distance
of the highest point of the roof or any rooftop deck, fence, railing,
widow's walk, or other rooftop structure or feature above the mean
finished grade of the ground adjoining the building. Chimneys, ventilators,
antennas, skylights, tanks, bulkheads, or solar panels shall not be
considered part of the height of the building if they do not extend
more than four feet above the specific height limit. Domes, towers,
or spires which are the integral part of churches or religious buildings
shall not be subject to these limitations, provided that such features
shall in no way be used for living purposes.
The area of a lot or site included within the surrounding
exterior walls of a building or portion of a building, exclusive of
courtyards. In the absence of surrounding exterior walls, the building
footprint shall be the area under the horizontal projection of the
roof. It includes garages, carports and porches open at the sides
but roofed, and accessory structures if attached to the primary residence,
but not trellises, patios, and unroofed areas of porch, deck, and
balcony. Accessory dwelling units attached to a primary residence
shall not be considered a part of the primary residence's footprint.
[Added 8-11-2020 by L.L.
No. 1-2020]
A dwelling designed and used for temporary residence mounted
on a chassis designed to be towed or mounted on a truck for travel
over roads and highways. Units may be self- contained or designed
for temporary connection to electric, water or sewerage utilities.
(See also "motor home.")
Any parcel of land on which the following are located for
group activities by private groups or semipublic groups, such as a
boy or girl scout camp, fraternal lodge, summer camp facility, conference
center or nature center: 1) tent sites, cabins, or other accommodations
of design or character suitable for seasonal and temporary accommodations;
and/or 2) a structure or structures containing communal facilities,
such as a kitchen, dining area, gathering space and bathrooms. No
camping vehicles, campers or motor homes shall be permitted on the
premises. There shall be no more than two year-round single-family
homes for each group campground facility, which shall be accessory
to the group campground use, such as housing for a caretaker.
Any parcel of land on which are located two or more tent
sites on or off platforms, or small camper sites, such as pop-up type,
and is primarily used by overnight, weekend, or short- term (not seasonal)
campers, and for which fees are charged. Large campers, such as Class
A or C self-propelled units, are clearly an incidental and accessory
use and limited to no more that 10% of the campsites. Storage on more
than 10% of the campsites, storage on more than 10% of the total site
capacity and commercial sales of Class A or C vehicles are prohibited.
Any parcel of land on which are located two or more cabins,
park models, travel trailers, recreational vehicles or other accommodations
of design or character suitable for seasonal or temporary living purposes,
and on which these accommodations may be stored year around, and for
which fees are charged. Each seasonal camp site shall be connected
to utilities and sanitary waste disposal system.
The care, protection and supervision for fee, more than once
a week, of not more than six children at any one time by a resident
of a dwelling. Children of the resident under the age of 16 shall
be counted in determining the number of children being cared for.
The care, protection and supervision for fee, more than once
a week, of more than six but not more than 12 children at any one
time. If conducted within a dwelling by a resident of said dwelling,
children of the resident under the age of 16 shall be counted in determining
the number of children being cared for.
A building used for the care, protection and supervision
for fee, more than once a week, of more than 12 children at any one
time. If conducted within a dwelling by a resident of said dwelling,
children of the resident under the age of 16 shall be counted in determining
the number of children being cared for.
A stand in which essentially all trees have been removed
in one operation. Depending on management objectives, a clear-cut
may or may not have reserve trees left to attain goals other than
regeneration.
A building designed and utilized in the diagnosis and treatment
on an outpatient basis only of persons who are sick or injured, providing
clinical, temporary, surgical and laboratory medical services.
A place, structure or other facility used for fraternal,
social, educational and recreational programs generally open to the
public and intended to serve significant segments of the community.
A building or structure designed and available to rent to
persons, businesses or organizations for the purpose of one or more
group meetings, social events, exhibitions or other large gatherings.
Restaurant or cafeteria facilities may be included in such a building
or structure.
A perpetual restriction on the use of land, created in accordance
with the provisions of § 49, Title 3, of the Environmental
Conservation Law, or § 247 of the General Municipal Law,
for the purposes of conservation of open space, agricultural land
or natural, cultural, historic or scenic resources.
A projection aligned horizontally along and crowning a building
wall, door, window, or other opening in the building wall.
A manufacturing, construction or service enterprise owned
and operated by a resident of the principal dwelling on a lot, but
which is not engaged in retail sales with established hours of operation,
or services on the premises, and which does not employ more than 10
persons on site not residing on the property.
See "road, dead-end."
Domestic animals, such as cattle, sheep, hogs, goats, horses,
poultry, alpacas, llamas, ratites, such as ostriches, emus, rheas
and kiwis, farmed deer, or farmed buffalo, raised for sale or home
consumption of meat, fiber, milk, eggs, or as work animals.
A facility that dispenses goods through an attendant window
or automated machine to persons remaining in vehicles in a designated
drive aisle.
A building or portion thereof designed and used for human
habitation, with an independent entrance and with provisions for living,
cooking, sanitary and sleeping facilities arranged for the use of
one family, excluding tents, hotels, motels or other building designed
for transient residence.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
cooking, sanitation and sleeping.
Environmentally responsible travel and visitation to natural
areas, in order to enjoy and appreciate nature (and any accompanying
cultural features, both past and present) that promote conservation,
have a low visitor impact and provide for beneficially active socioeconomic
involvement of local peoples. Uses may include bike rentals, kayak
rentals, hiking trails, bird watching, etc.
A separate, detached one-family dwelling of not less than
560 square feet and not more than 750 square feet. The unit may be
manufactured housing, provided that the width of the unit shall be
no less than 22 feet. The unit shall be designed to be temporarily
placed on a lot as an accessory dwelling to the principal dwelling,
for the purpose of providing housing for one or more persons related
by blood, marriage or adoption.
An electrically-activated display that utilizes computer-generated
messages or other electronic means of changing sign copy to present
variable messages and/or graphic presentations. These signs include
displays using incandescent lamps, LEDs, LCDs or a flipper matrix.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes used for the extraction or removal of minerals from their
original location and the preparation such as washing, cleaning, crushing,
stockpiling or other processing at the mine location that makes a
mineral suitable for commercial, industrial or construction use, but
does not include operations extracting natural gas and/or petroleum.
For the purpose of this chapter, borrow pits (excavations for removing
material for filling operations) which exceed 2,000 tons in a one-year
period are considered "extractive industry."
A competitive exhibition of agricultural products and animals,
usually with accompanying food and merchandise vendors, displays,
entertainment and amusements.
One or more persons living together in a single dwelling unit,
all of whom are related by blood, marriage or adoption; or
A functional family unit, defined as follows: A group of individuals
living together in a single dwelling unit and functioning as a family.
In determining whether a group of legally unrelated individuals is
a functional family unit, the following criteria must be met:
The occupants must share the entire dwelling unit.
The household must have stability. Evidence of such stability
may include following:
The presence of minor dependent children regularly residing
in the household.
Proof of the sharing of expenses for food, rent or ownership
costs, utilities and other household expenses and sharing in the preparation,
storage and consumption of food.
Common ownership of furniture and appliances among the members
of the household.
Enrollment of dependent children in local schools.
Employment of household members in the local area.
A showing that the household has been living together as a unit
for a year or more, whether in the current dwelling or other dwelling
units.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
See "child care, family."
See "farm operation."
An entity licensed by the New York State Liquor Authority
under Alcoholic Beverage Control Law § 51-a or a successor
provision to produce beer and cider.
An entity licensed by the New York State Liquor Authority
under Alcoholic Beverage Control Law § 58-c or a successor
provision to produce beer and cider.
An entity an entity licensed by the New York State Liquor
Authority under Alcoholic Beverage Control Law § 61(2-c)
or a successor provision to produce liquor.
A temporary or permanent structure that is clearly accessory
to an agricultural operation and occupied by farm workers employed
on the premises and their families.
As defined in the Agriculture and Markets Law Article 25-AA,
§ 301, the land and on-farm buildings, equipment, manure
processing and handling facilities, and practices which contribute
to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a commercial
horse boarding operation, a timber operation, compost, mulch or other
biomass and commercial equine operation. Such farm operation may consist
of one or more parcels of owned or rented land, which parcels may
be contiguous or noncontiguous to each other.
A retail or enterprise operated as an accessory use to an
active farm operation on the same premises:
Selling products principally utilized in agricultural production,
limited to 1,500 square feet of outdoor display or storage of products.
Examples of such products include seed, fertilizers, agricultural
equipment and agricultural equipment parts, batteries and tires; and
products allowed to be sold by the New York State Department of Agriculture
and Markets such as farm machinery. Sale of plants and plant materials
is exempt from the outdoor display limitation.
Providing agricultural equipment repairs.
Processing and packaging of food where the predominant ingredient
is not grown on-farm.
An entity licensed by the New York State Liquor Authority
under Alcoholic Beverage Control Law § 76-a or § 76-d
or a successor provision to produce wine and cider.
See "lot, flag."
The sum of the gross horizontal areas of all the floors of
a building, measured from the exterior faces of exterior walls, or
from the center line of party walls separating two buildings. "Floor
area" does not include unoccupiable space, within a basement or attic,
per the New York State Uniform Fire Prevention and Building Code.
An organization of persons, excluding churches, mosques,
synagogues, temples or other places of worship, formed for a specific
purpose, such as the promulgation of arts, literature, politics, civic
involvement or other mutual interest, or out of a common experience
or heritage, but not operated for profit.
The length of the boundary line of a lot abutting on the
public highway right-of-way. In the case of lots that bound on a lake
shore, the length of the boundary line abutting the lake on a line
or lines running parallel to the general shoreline.
An outdoor light fixture shielded or fabricated so that no
light rays are emitted by the installed fixture at angles above the
horizontal plane as certified by a photometric test report.
A continuous source of light caused by the reflection of
sunlight from a solar collection system that has the potential to
create an after-image when viewed directly.
The average finished ground level of the land at which the
perimeter of a building or structure meets the ground.
See "campground, group."
See "child care, group."
See "person with disabilities."
An object that requires use of the hands, hand tools and
human craft skills for its production, and which is usually not adaptable
to mass production by mechanical means.
A private gymnasium, athletic, fitness, health or recreational
facility, or reducing salon or weight-control establishment.
An occupation, profession, activity or use performed by the
resident that is clearly a customary, incidental and secondary use
of a residential property, and which does not affect the use of the
property for residential purposes or alter the exterior residential
character of the property.
An establishment for temporary occupation by persons who
are sick or injured for the purpose of medical diagnosis and treatment,
including clinical, temporary, surgical, laboratory and emergency
medical services.
An establishment providing transient, overnight accommodations,
typically characterized by low-cost, shared use of a self-service
kitchen, common areas, sleeping rooms and bathroom facilities.
A multiple dwelling used primarily for the purpose of furnishing
for compensation lodging, with or without meals, for transient guests,
and which may provide additional services, such as restaurants, meeting
rooms, recreational facilities and shops for the sale of gifts and
incidental items to guests.
A building, facility or organization catering exclusively
to members and their guests, and including facilities for trap shooting,
target shooting, and archery, for both practice and competition, and
other outdoor recreational pursuits by members and their guests, except
motorized racing; provided, however, that vending stands, merchandising
or other commercial activities are not conducted on their premises,
as may be incidental to the operation and maintenance of the facility,
and generally for the benefit of members and to further the purposes
of the club.
Any material or surface that substantially reduces or prevents
the infiltration of water into the ground, including areas covered
by buildings, conventionally surfaced roads and highways, driveways
and parking lots, and sidewalks. (See also "all-weather surface.")
A facility with not more than 15 guest rooms providing temporary
overnight lodging for transient guests, including related guest services,
including spas, dining rooms, restaurant, meeting and conference facilities,
and retail sales that are clearly accessory to and identified with
the business of the facility.
An open area used for the storage or accumulation of wastes,
used and secondhand materials, including, but not limited to, building
materials, scrap metal, plastic, paper, rags, glass, broken appliances
and electronic equipment, rubber tires, bottles, refuse, inoperative
vehicles and other machinery, and other debris that is not generated
by or used in any ongoing agricultural operations on the premises.
For the purpose of this chapter, an automobile wrecking yard is also
considered a junkyard.
Any building or lot where four or more dogs are raised and/or
boarded for the purpose of sale, breeding, training or exhibition,
or are boarded for a fee or are sheltered for humanitarian reasons.
The transfer of title of land from its owner to an abutting
owner, for consolidation with an abutting lot.
A business or not-for-profit organization that provides yard
and garden maintenance service which may include an office or other
buildings and structures where equipment, inventory, and vehicles
are kept. The accumulation of trash, debris, garbage or other waste
or junk or scrap material is not permitted.
A facility for the residency of persons aged 55 or older
and/or persons with disabilities that includes one or more of the
following features or services: individual dwellings; congregate apartments
where residents may share common meals; nursing home facilities; laundry
services; common recreational facilities; and other personal services.
The assembly that houses a lamp or lamps and which can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
The manufacture of finished products or parts predominantly
from previously processed or prepared materials, including processing
or fabrication, assembly, treatment, packaging, incidental storage,
or sales and distribution of such products.
A temporary banner or sign that is designed to be attached
to a permanent light pole or other pole structure, and where the temporary
sign element can be changed without modifying the permanent structure.
An entry type where part of the building front facade is
below ground, entry may step up to the aboveground floor and/or step
down to the below-grade floor.
A building or buildings located on a parcel of at least 15
acres in which overnight accommodations and meals may be offered to
paying transient guests, where such use is secondary to an active
farm operation or is part of an eco-tourism enterprise. The capacity
of said facility shall be no more than eight overnight guest rooms.
A parcel of land that may be occupied by one or more principal
buildings and accessory buildings for uses customarily incidental
to the principal buildings, including such open spaces as are used
in connection with the principal building or buildings.
All of the land between the boundary lines of a lot but not
including any portion of the public highway right-of-way that may
be included in the deed description of said lot.
That portion of a lot covered by all buildings or structures
on a lot or parcel, including concrete, asphalt or similar impervious
surfaces used for parking, sidewalks, drives and roads. Driveways,
walkways, and parking areas for a single-family or two-family dwelling
on the lot are excluded from the calculation of lot coverage.
The least distance measured perpendicular from the front
lot line to the rear lot line of a parcel.
A boundary line of a lot.
The lot line or lines of a parcel of land coterminous with
a public highway right-of-way or private road, or approximately parallel
to and nearest to a public highway right-of-way or private road as
determined by the Zoning Officer, or, in the case of lots that bound
on a lake shore, the line coterminous with or approximately parallel
to the published mean high-water line.
The lot line or lines of a parcel of land on the opposite
side of said parcel from a public highway right-of-way or private
road, or on the opposite side of said parcel approximately parallel
to and nearest to a public highway right-of-way or private road as
determined by the Zoning Officer.
Any lot line that is not a front or rear lot line.
The shortest distance between the side lot lines, measured
from the point where each side lot line intersects with the minimum
front lot setback line.
A lot or parcel of land abutting two or more public or private
road or highway rights-of-way at their intersection, or on two sections
of the same road or highway.
A parcel of land whose configuration is so designed to make
a legally conforming lot that is otherwise landlocked by road-fronting
parcels. Access to a road from the interior lot is provided for by
a strip of land (called the "pole") that is contiguous with the interior
lot (called the "flag"). The buildable, interior portion of the lot
(the "flag") must meet the minimum lot area requirements in the zone,
exclusive of the acreage of the pole. A "front lot line" is defined
as a line within the flag portion of the parcel that is parallel to
or approximately parallel to the accessed road and meets the minimum
lot width at the front lot line for the zone. This front lot line
established in the flag will be used as a baseline for measuring the
front yard setback and identifying side and rear lot locations. A
lot that meets all of the lot area and yard requirements for the zone,
except for the required road frontage, may not be declared a flag
lot unless the land adjacent to the pole and in front of the flag
is part or all of a separate legal and conforming lot for that zone.
A complete lighting system, including a lamp or lamps and
the attendant light fixture.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
and/or for on-site use. Facilities consist of ground-mounted solar
collector devices, solar-related equipment and other accessory structures
and buildings, including light reflectors, concentrators, and heat
exchangers, substations, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. Major solar collection
systems are defined as ground-mounted accessory systems with a total
surface area greater than 2,000 square feet of panels.
A dwelling which is factory-built in accordance with the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. § 5401) and which is transportable in
one or more sections, is affixed to a chassis with axles and wheels,
and is designed to be placed on a permanent or temporary foundation.
A parcel of land under single ownership that has been improved
for the purpose of renting or leasing sites for the placement of manufactured
housing.
A manufactured home comprised of at least two sections transported
separately and attached on site, and having a minimum width of 22
feet.
A manufactured home comprised of no more than one section,
on a single chassis, and having a width of at least 12 feet.
A facility for berthing, servicing, fueling, launching and
storage of private watercraft that may also include the sale, lease,
rental or charter of watercraft, and the sale of fuel, marine products
and accessories, and incidental supplies for water craft owners, crews
and guests.
Mean high-water elevation (MHWE) is measured using the National
Geodetic Vertical Datum 1929 (NGVD 1929) and the lake elevation at
the Cayuga inlet based on the United States Geological Survey.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat,
accessory to the use of the premises for other lawful purposes. Minor
solar collection systems are defined as roof- or building-mounted
solar collectors greater than 60 square feet on any code-compliant
structure, and ground-mounted solar collectors with the total surface
area greater than 60 square feet and less than 2,000 square feet.
A dwelling which is factory-built, transportable in one or
more sections, affixed to a chassis with axles and wheels, and designed
to be placed on a permanent or temporary foundation, but which is
not built in accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. § 5401).
A freestanding sign attached to a pedestal or perimeter wall.
A multiple dwelling used primarily for motorists, not over
two stories in height, in which the exit from each dwelling unit or
sleeping room is directly to the exterior. The term includes, but
is not limited to, the terms "motor court," "motor hotel," and "tourist
court."
A dwelling designed for temporary residence mounted on a
self-propelled chassis designed for travel over roads and highways.
Units may be self-contained or designed for temporary connection to
electric, water or sewerage utilities. (See also "camper.")
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum, or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include, but are not limited to, core or rotary
drilling or making an excavation in the search and evaluation of natural
gas, petroleum, or other subsurface hydrocarbon deposits.
Any garbage, refuse, cuttings, sludge, flow-back fluids,
produced waters, or other discarded materials, including solid, liquid,
semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or
petroleum.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum, or other hydrocarbons.
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
A building, structure or use of land lawfully existing at
the time of the enactment of this chapter which, as a result of the
adoption of this chapter or an amendment hereto, does not conform
to the zoning regulations of the zone in which it is situated.
Buildings, greenhouses and land used for growing horticultural
specialties, including nursery stock, shrubs, trees, flowers, and
hothouse plants.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
Any parcel of land owned individually and separately and
separated in ownership from any adjoining tracts of land on the effective
date of this chapter which has a total area which exceeds the minimum
requirements for lot size, and for which there exists the legal possibility
of subdivision, re-subdivision, and/or a Development District.
A parcel of land in public or private ownership available
to the public for daytime and evening recreational, educational, cultural
or scenic purposes, intended for use by residents living within a
few miles of the facility.
A parcel of land in public or private ownership available
to the public for daytime, evening and overnight recreational, educational,
cultural or scenic purposes, such as a county, regional or state park.
See "all-weather surface."
A triangular or irregular piece of fabric or other material,
whether or not containing a message of any kind, commonly attached
by strings or strands, or supported on small poles, intended to flap
in the wind.
A person having a physical or mental impairment that substantially
limits one or more of the person's major life activities so that such
a person is incapable of living independently; possessing a record
of having such an impairment; and being regarded as having such an
impairment. This term, however, does not include current illegal use
of or addiction to a controlled substance, nor does it include any
person whose presence would constitute a direct threat to the health
and safety of other individuals.
See "site plan."
A porch is a raised, roofed platform attached to a building
forming an articulated entryway and semi-private social space.
A porch sign is a sign that is hung from the porch of a building
and intended to be viewed from the sidewalk at close range.
Capable of being done after taking into consideration of
cost, time, technology, and logistics in light of overall project
purposes.
A tract of land dedicated to the protection of one or more
scenic or environmental attributes, including, but not limited to,
flora, fauna, geological features, lakes, streams, wetlands or other
hydrological features.
The building on a lot which provides housing for the owner
or tenants, or, in a business or industrial zone, the largest building
on the lot.
A facility for the processing, manipulation, or application
of business information or professional expertise, and which may or
may not offer services to the public. A professional office is not
materially involved in fabricating, assembling, or warehousing of
physical products for the retail or wholesale market, or engaged in
the repair of products or retail services. Professional offices may
include government offices, the practice of an accountant, architect,
landscape architect or other design professional, engineer, insurance
agent, attorney, real estate agent or broker, securities broker or
similar profession, or the place of business or practice of a group
of such professionals operating as a partnership, corporation or other
legal business arrangement.
Any area that has been or will be physically changed as a
result of a proposed development or construction project, or has been
or will be utilized on a temporary basis during the course of construction.
See "motor home" and "camper."
A store or other place of business at which is conducted
the repair of personal customer items such as shoes, clothing, jewelry,
etc., or personal service such as barber shops or hairdressers; decorators,
dressmakers or tailors; opticians; photographers; digital imaging;
video, DVD and other electronic visual and audio entertainment media
rentals; and businesses of a similar and no more intense nature.
A business or facility dedicated to research, investigation,
enterprise, experimentation, testing and product development, including,
but not limited to, computer software, data compilation and manipulation,
but not including facilities for manufacturing, distribution or sales
of products, except as an incidental activity.
A building or structure situated on a single lot and containing
three or more dwelling units.
A building or structure situated on a single lot and containing
one dwelling unit, including double-wide manufactured homes.
A building or structure situated on a single lot and containing
two dwelling units.
A building or portion thereof housing persons on a twenty-four-hour
basis who because of age, mental disability, addiction or other reasons
live in a supervised residential environment that provides personal-care
services, but who nonetheless are capable of responding to an emergency
situation without any physical assistance from staff, including, but
not limited to, residential board and care facilities, assisted living
facilities, halfway houses, group homes, congregate care facilities,
social rehabilitation facilities, alcohol- and drug-abuse centers
and convalescent facilities.
The inventory and evaluation of natural, historic, and cultural
resources on a property to identify those resources to be protected,
provide the basis for the maximum density calculation and determine
locations for building envelopes.
An establishment whose principal business is the sale of
food and/or beverages to customers in a ready-to-consume state, where
the sale of alcoholic beverages is incidental to the sale and consumption
of food, and where customers are served their food and beverages by
a restaurant employee for consumption:
A business having as its primary function the supply of merchandise
or wares to the end consumer. Such sales constitute the "primary function"
of the business when such sales equal at least 80% of the gross sales
of the business.
See "retail service."
A strip of land owned or controlled by the Town government
for the purpose of providing access to abutting lots or for providing
a bed for a future improved roadway. All Town rights-of-way are shown
on the Town of Ulysses Official Map. Unless otherwise indicated, all
Town rights-of-way are 60 feet wide.
A street, avenue, lane, highway or other public way; a public
right-of-way improved or intended to be improved for traffic. A private
drive is not considered to be a road.
The wearing or exposed surface of a roadway used by vehicular
traffic.
The width of a right-of-way, measured at right angles to
the center line of the road.
A road or a portion of a road with only one vehicular traffic
outlet.
A road with the capacity to serve heavy flows of traffic
and intended primarily as a route for traffic between areas generating
heavy volumes of traffic.
A road intended to serve primarily as an access to abutting
properties.
A temporary or permanent accessory building, wagon or trailer,
not exceeding 240 square feet in size, for the purpose of retail sale
of produce, baked goods and handicraft items to the public.
A steam bath or heated bathing room used for the purposes
of bathing and relaxation, with steam or hot air used as a cleansing
and relaxing agent.
A facility, generally operating on one or more full-time
work shifts, five or more days per week, constructed for the processing
of timber logs into forestry products, such as milled lumber, cants,
treated posts, firewood and wood by-products, such as slab wood, wood
chips, bark chips and sawdust, and including planing and sizing facilities,
kilns, storage yards and accessory maintenance facilities incidental
to sawmill operations.
A facility for the processing of timber logs into forestry
products, such as milled lumber, cants, treated posts, firewood and
wood by-products, such as slab wood, wood chips, bark chips and sawdust,
and which may include planing and sizing facilities, kilns, storage
yards and accessory maintenance facilities incidental to sawmill operations,
but which is generally operated for the custom cutting of timber for
local craftsmen.
A building comprised of small self-contained units that are
leased to individuals or businesses for the storage of household or
business goods and supplies.
The distance between any building on a lot or parcel of land
and a property line. The highway right-of-way shall be deemed a property
line for the purpose of measuring setback.
A number of businesses located on single parcel, or adjacent
parcels under single ownership, or, in every case, adjacent parcels
having shared access to a public thoroughfare.
See "yard, side."
Any permanent or portable structure, or part thereof, or
any device attached to a structure or painted or represented on a
structure which displays or includes any lettering, wording, image,
model, drawing, banner, flag, insignia, device, marking or representation
used as, or which is the in the nature of an announcement, direction,
or advertisement visible from a right-of-way whose purpose and design
is to convey messages by means of words or images. Public art that
contains no commercial messages is not a sign.
The graphic content or message of a sign.
The surface upon, against, or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural thematic or
decorative trim, or any areas that are separated from the background
surface upon which the sign copy is displayed by a distinct delineation,
such as a reveal or border.
Any sign not affixed to a building.
An off-premises sign is a permanent sign erected, maintained,
or used for the purpose of the display of messages not related to
the use of, products sold on, or the sale or lease of, the property
on which it is displayed and is oriented to and within 660 feet of
a state highway.
An on-premises sign is a sign erected, maintained, or used
for the purpose of the display of messages or which otherwise directs
attention to the use of, products sold on, services provided on, or
the sale or lease of the property on which it is displayed.
Portable signs or any sign not permanently embedded in the
ground, or not permanently affixed to a building or sign structure
which is permanently embedded in the ground.
An ongoing practice involving the dedicated and cyclic cultivation
of trees expressly for the periodic production of timber including
harvesting operations, tree nursery operations, site preparation,
reforestation and subsequent cultural treatment, thinning, prescribed
burning, pest and fire control, surface drainage, and directly associated
road construction and maintenance including the felling, skidding,
preparation (e.g., delimbing and trimming), loading and initial transport
of forest products from an active harvest site. Tree removal in preparation
for development or other conversion to a nonforestry use is not silviculture.
A plan for the development or use of one or more lots or
parcels of land that is prepared and presented to the Town for site
plan review and consideration of approval pursuant to applicable sections
of this chapter.
Siding that covers the area from the ground to the base of
a manufactured home or porch, as defined by New York State Residential
Building Code, Appendix E, Section E503.
Area in Conservation and Lakeshore Zones where soils are highly
erodible because of soil characteristics and/or slope steepness. The
slope overlay area consists of soils with the following map unit symbol
(with map unit name in parentheses): BtF (Bath, Valois, and Lansing
soils, 35% to 60% slopes); HpE (Howard and Palmyra soils, 25% to 35%
slopes); HsD3 (Hudson silty clay loam, 12% to 20% slopes, eroded);
HuD (Hudson-Cayuga silt loams, 12% to 20% slopes); HzE (Hudson and
Dunkirk soils, 20% to 45% slopes); and Ro (Rock outcrop).
The soil survey for Tompkins County (1965) was classified and
delineated using second order mapping techniques at a scale that might
not be adequate for site level evaluation. An applicant may hire a
professional soil scientist/classifier, certified by the American
Society of Agronomy, to complete a first order survey of the building
site in order to determine the soil suitability for the proposed type
of land disturbance.
A facility where one or more horses are kept for riding,
driving, training, breeding or sale, or are boarded for a fee, including
indoor and outdoor riding arenas and paddocks, and where more than
50% of feed, bedding and other supplies are produced at off-premises
locations, and manure and other wastes are disposed of off-premises.
A stoop is a small raised platform that serves as an entryway
to a building.
See "self-service storage facility."
A watercourse that carries water for six months or more throughout
a year. The edge of the stream is the bank of the stream or the edge
of the embankment if the stream is more than 10 feet below grade.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water [and is represented
as a dashed line on United State Geological Survey (USGS) 7.5 Minute
Quadrangle maps].
A stream that flows continuously throughout the year in a
natural or man-made channel [which is represented as a solid blue
line on United States Geological Survey (USGS) 7.5 Minute Quadrangle
maps].
Anything that is constructed or erected on the ground or
upon another structure or building. "Structure" also includes anything
that is constructed or erected underground and projects up to the
ground surface or above, or anything that is constructed or erected
wholly underground other than utility lines, septic and water systems,
or other similar types of underground construction wholly ancillary
to a principal building or structure on the premises. "Structure"
also includes constructed parking spaces. The term "structure" includes
a building. There is excluded from the term "structure", however,
underground graves, vaults or other underground facilities for the
interment of bodies.
The carving up of any parcel of land into two or more lots,
including the original lot, and plots, sites, or other division of
land, with or without streets, for the purpose of immediate or future
sale, transfer of ownership, or development after the date of adoption
of § 212- 140. The term "subdivision" includes any alteration
of lot lines or dimensions of any lots or sites shown on a plat previously
approved and filed in the office of the County Clerk. Subdivisions
are classified as "major," "minor," or "cluster" and further defined
in § 212- 141.
See "bar."
A structure used for office, sales, storage or fabrication
activities related to the development of a site for residential purposes,
that is placed on a lot or tract of land for a period of not more
than one year except upon receipt of a special permit.
See "motel."
A living woody plant with an erect perennial trunk greater
than four inches in diameter at breast height with a definitely formed
crown of foliage and a total height of at least 13 feet from the ground.
Designated by the Tompkins County Environmental Management
Council, an area of outstanding environmental qualities that deserves
special attention for preservation in its natural state.
Any sign permanently or temporarily attached to or placed
on a vehicle or trailer in any manner so that the sign is used primarily
as a stationary sign.
Land used in the cultivation of grape-bearing vines, grown
for winemaking, raisins, table grapes and nonalcoholic grape juice.
A sign that is attached flat to or mounted away from, but
parallel to, any exterior wall of a structure.
A building used primarily for storage of goods and materials,
also referred to as "wholesale distribution center or truck terminal."
See "warehouse."
An entity licensed by the New York State Liquor Authority
under Alcoholic Beverage Control Law § 76 or § 76-c
to produce wine.
See "junkyard."
The unoccupied space, open to the sky, within a lot containing
one or more buildings.
The land between the public highway right-of-way and the
front line of the principal building on a lot and extending to the
side lot lines of the lot. In the case of lots that bound on a lake
shore, the land between the published mean high-water line and the
principal building and extending to the side lot lines of the lot.
The land between the rear lot line of a lot and the rear
line of the principal building on a lot and extending to the side
lot lines of the lot.
The land between the principal building and the side lot
lines of a lot, and extending through from the front yard to the rear
yard.
A portion of the territory of the Town of Ulysses shown on
the Zoning Map and designated for a specific land use or uses, and
within which certain yards and open spaces are required and certain
height limits are established for buildings, as provided for in this
chapter.
The person or their designee appointed by the Town Board
and charged with the authority and responsibility for enforcing the
provisions of this chapter and the decisions of the Board of Zoning
Appeals.
