A.Â
Unless otherwise expressly stated, the following terms shall, for
the purposes of this chapter, have the meanings herein indicated.
Words used in the present tense include the future; the singular number
includes the plural and the plural number includes the singular; the
word "lot" includes the word "plot"; the word "structure" includes
the word "building." The term "occupied" or "used" as applied to any
given building or land shall be construed to include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used or occupied."
B.Â
Unless otherwise specified, all distances shall be measured horizontally.
Elevations shall be measured vertically.
C.Â
The words "shall" and "must" are mandatory and not optional.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit within a permitted single-family dwelling
that is subordinate to the principal dwelling in terms of size, location
and appearance and provides complete housekeeping facilities for one
family, who must be directly related to the occupants of the principal
dwelling, and which provides independent cooking, bathroom and sleeping
facilities and which may have a physically separate access from the
principal dwelling.
A building subordinate to, detached from and smaller than
the main building on a lot and used for purposes customarily incidental
to those of the main building, including, but not limited to, sheds,
garages, barns, gazebos and swimming pools.
A use, occupancy or tenancy customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building, including, but not limited to, sheds,
garages, barns, gazebos, swimming pools, trampolines and swing sets.
This definition shall also include the term "customary accessory use."
Any establishment having operations or merchandise depicting
or relating to specified sexual activity or specified anatomical areas
as defined below, for purchase or observation by patrons therein.
The following applies for the purpose of this definition:
SUBSTANTIAL OR SIGNIFICANT PORTIONMore than 20% of an establishment's gross sales or more than 20% of an establishment's net floor area.
SPECIFIED SEXUAL ACTIVITYHuman genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, whether or not covered.
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural use.
Cultivation of land, or raising or harvesting of any agricultural
or horticultural commodity, including the raising, shearing, feeding,
caring for, training of and management of animals, including the sale
of products grown on or raised directly on such land and including
the construction, alteration or maintenance of fences, agricultural
roads, agricultural drainage systems and farm ponds on such lands.
The term "farm" is included in this definition.
Any area of land designated and set aside for the landing
and takeoff of aircraft.
A place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers.
A service way which affords a secondary public means of vehicular
access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the entrance and exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
The keeping of any domestic animals other than customary
household pets, including but not limited to livestock, horses, rabbits,
llamas, alpacas, chickens, ducks and turkeys and other similar animals.
Any structure or property which houses stray, abandoned or
owner-surrendered animals, except for fish, for impoundment purposes
for future disposition, including redemption, adoption, sale or disposal.
This use may include facilities for the destruction and disposal of
animals. Foster home sites and mobile adoption sites may be utilized
in the operation of the animal shelter.
The combination of controls that establishes the minimum
size of a lot and the maximum size of a building and its location
on such lot. (See Schedule B of this chapter.[1])
All areas contained within exterior walls exclusive of open
courts is the building area or total square footage. The definition
actually includes any area under the roof even if they are open, so
the portico of a hotel or a covered porch is included in building
area. The impacts associated with the size of a development are cumulative
and while multistory buildings do not increase the amount of stormwater
runoff, the total size of the structure has obvious impacts on highway,
domestic water, and police usage.
[Added 10-5-2015 by L.L.
No. 7-2015]
An enclosed or partially enclosed facility with seating surrounding
or partially surrounding the performance or activity such as a sporting
event, concert, or other live performance.
An establishment engaged in the sale, loan, appraisal or
display of art, books, paintings, sculpture or other works of art.
A workshop or workroom for the creation of fine arts and
crafts, such as painting, sculpturing, photography or the creation
of other handmade pieces of art. The space may include a residential
unit, and it may also include a teaching area for small groups of
10 or less. This definition also includes the term "artist loft."
Refers to a use of land that is permitted as a principal
use in a zoning district. For example, in a single-family district,
the construction of one single-family home is an as-of-right use of
the lot.
The commercial production and storage of asphalt and related
materials.
A residence for the frail elderly that provide rooms, meals,
personal care and supervision of self-administered medication. It
may provide other services, such as recreational activities, financial
services and transportation.
A shop in the business of making substantial repairs to the
shell or body of an automobile and of major or substantial painting
of the shell or body and where the following services may also be
carried out: general auto repair; engine rebuilding; rebuilding or
reconditioning of motor vehicles; collision service, such as body
frame or fender straightening and repair; overall painting and undercoating.
The use of any building or land for the retail or wholesale
display and sale of new or used automobiles, boats, trucks or recreational
vehicles five or more times in 12 months. This may include the sale
of vehicular fuel, the servicing or repair of automobiles and boats
and the sale of automobile and boat parts.
A parcel or building thereon where the following services
may be carried out: general auto repair; engine rebuilding; and rebuilding
or reconditioning of motor vehicles. Automobile repair stations shall
not include the offering of collision service or painting and undercoating
of motor vehicles. The sale of vehicular fuel may or may not also
be carried on.
A facility where breads or pastries are prepared and baked
and may be sold for wholesale or retail consumption.
An institution in which the primary business is the holding,
lending transfer and/or investment of money. The term includes credit
unions and savings and loan institutions. For purposes of this chapter,
drive-through windows are an accessory use which shall only be permitted
in certain districts as provided in Schedule A: Permitted Uses.[2]
A place in which the principal income is derived from the
sale or serving of alcoholic beverages for consumption on the premises,
with or without live entertainment. Also "tavern."
The portion of a building having its floor subgrade (below
ground level) on all sides.
A structure containing up to four sleeping rooms which are
designed or intended for occupancy or which are occupied by one or
more guests for compensation, but in which no provision is made for
cooking in the sleeping room. Separate sanitary facilities may or
may not be provided for each room, and one or more meals for each
guest may be included at the discretion of the owner, who shall be
a resident of the bed-and-breakfast establishment.
A structure in which the game of bowling is played.
Commercial and public communications uses, including radio
and television broadcasting and receiving stations and studios, with
facilities entirely within buildings.
Land area used to visibly separate one use from another or
to shield or block noise, light or other nuisances from adjoining
or abutting properties.
That portion of a lot or parcel in or on which a structure
may be located. This area is defined by the minimum setback distances
as stipulated herein for the zoning district in which the lot or parcel
is located.
A structure wholly or partially enclosed within exterior
walls, or within exterior and part walls, and a roof, affording shelter
to persons, animals, property, or business activity.
The height of a building shall be measured in feet. The measurement
shall be determined from a datum established by the average elevation
of paved open spaces which are suitable for the approach of fire department
equipment, and curb levels where established, both of which are within
50 feet of the exterior walls of the building; where such distance
is exceeded, the height in feet shall be determined. Such height shall
be measured from such datum to the highest level of a flat or mansard
roof or to the average height of a pitched, gabled, hip or gambrel
roof, excluding bulkheads and other roof, except that the highest
level of an accessory building or structure shall be measured at the
highest peak of the building or structure.
A line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located. The building line is identical to the
setback line.
Written permission pursuant to this chapter issued by the
New Hartford Code Enforcement Officer or his/her designee for the
construction, repair, alteration or addition to a building or structure
and for the excavation, grading or clearing of a lot for construction
purposes.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The storage of bulk chemicals, liquid or solid, in above-
or below-ground tanks intended for wholesale distribution or on-premises
production.
The storage of bulk fuels in above- or below-ground tanks
intended for wholesale distribution or home delivery.
An informal restaurant primarily offering coffee, tea, and
other beverages, and where light refreshments and limited menu meals
may also be sold.
A parcel of land used or intended to be used or rented for
occupancy by campers or for occupancy by camping trailers or tents,
of a design or character suitable for seasonal or other temporary
living purposes, excluding, however, mobile homes.
Any structure or land regularly used for washing, cleaning,
waxing or polishing of motor vehicles, whether manually or with the
use of equipment, for compensation.
Property used for the interring of the dead. A cemetery includes
a mausoleum or similar structure, but does not include a crematory
or backyard burials.
Official certification issued by the Code Enforcement Officer
that a premises conforms to the applicable provisions of this chapter,
the New York State Uniform Fire Prevention and Building Code and other
applicable regulations, and may be legally used or occupied.
The modification of the arrangement of lots, buildings, and
infrastructure permitted by this chapter to be placed on a parcel
of land to be subdivided. The modification permits a reduction in
lot area and bulk requirements, provided there is no increase in the
number of lots permitted under a conventional subdivision or increase
in the overall density of development, and the remaining land area
is devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
The person designated, empowered and paid by the Town Board
to enforce the provisions of this chapter.
An establishment where goods are stored under refrigerated,
unconditioned or unheated conditions and from which truck deliveries
are made.
An institution other than a trade school that provides full-time
or part-time education beyond high school.
Any vehicle connected with a commercial, industrial or educational
use or operation due to its size, function or graphics thereon.
A document or series of documents prepared and adopted by
the Town setting forth policies for the future growth and development
of the Town of New Hartford.
An establishment engaged in the commercial manufacture of
concrete and related products.
A building or group of buildings in which dwelling units
are owned individually and the structure, common areas and facilities
are owned by all the owners on a proportional, undivided basis via
a condominium association.
The community association which has legal authority for and
administers and maintains the common property and common elements
of a condominium without having title to the common property.
Apartments and dwellings with communal dining facilities
and services, such as housekeeping, organized social and recreational
activities, transportation services and other support services appropriate
for the residents.
Any area accessory to and on the same lot with a construction
project and used for the storage or processing of materials and supplies
used in the actual construction of buildings within a project. Includes
contractor's office with storage buildings to enclose all equipment
and materials.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods for off-site consumption. Convenience
stores may include the sale of gasoline, in which case they shall
conform to the requirements for gasoline service stations.
A facility where human or animal remains are cremated prior
to burial.
A street with a single common ingress and egress and with
a turnaround at the end.
A library, museum, or similar public or quasi-public use
displaying, preserving, and exhibiting objects of community and cultural
interest in one or more of the arts or sciences.
Provision of daytime care to adults whose ability to independently
perform the normal activities of daily life is limited by age or physical
or other impairment but who do not require the level of care provided
by nursing homes or medical facilities. Said care shall be provided
for a period of time of more than three hours but less than 12 hours
on any given day.
A program or facility caring for children. Said care shall
be provided for a period of time of more than three hours per day
but less than 24 hours on any given day for any given child by an
individual, association, corporation, institution or agency whose
activities include providing child day care or operating a facility
where child day care is provided as defined in § 390 of
the New York State Social Services Law.
The number of dwelling units per gross acre on a parcel of
land.
Land with slopes less than 15% without wetlands or unusual
or unique features or subsoil conditions and outside of designated
floodplains.
Any portion of a building or structure from which business
is transacted, or is capable of being transacted, directly with customers
located in a motor vehicle during such business transactions. Any
drive-through facility is considered an accessory use for purposes
of this chapter. A gasoline service station is not considered a drive-through
facility for purposes of this chapter.
That space or area of a lot which is specifically designated
and reserved for the movement of motor vehicles from the lot to a
public street. Such space or area shall be a minimum of nine feet
in width. In no instance shall motor vehicles be parked and stored
within any other area of the front yard except in this designated
space.
An area in which golf balls are hit for compensation. A driving
range does not include holes for playing.
A facility serving customers directly and operated for the
purpose of cleaning garments, fabrics, draperies, etc., with any of
various nonaqueous agents used in small quantities.
See "dwelling, two-family."
A building designed or used principally as the living quarters
for one or more families.
A one-family dwelling with ground floor outside access, attached
to two or more one-family dwellings by common vertical walls without
openings.
A building or group of buildings designed for year-round
occupancy by more than two families living independently of each other,
including apartment houses and group houses but excluding hotels,
motels, and rooming houses.
A detached building, not including a trailer, mobile home
or temporary structure, designed exclusively for year-round occupancy
by one family only. The definition includes the term "single-family
dwelling."
A detached building, not including a trailer, mobile home
or temporary structure, designed exclusively for year-round occupancy
by two families living independently of each other.
One or more rooms with provision for living, sanitary and
sleeping facilities arranged for the use of one family.
A private agreement between parties granting one or more
property rights by the property owner to and/or for the use by the
public, a corporation or another person or entity.
Any organization of, relating to or supported by charity.
Includes such uses as health/sports club, arcade, bowling
alley, theater, table tennis and pool hall, skating rink, gymnasium,
swimming pool, hobby workshop, and similar places of indoor commercial
recreation open to the public for a fee.
Includes such uses as golf driving range, golf pitch and
putt course, par-3 golf course, drive-in theater, batting range, and
similar places of outdoor commercial recreation open to the public
for a fee. For purposes of this definition, the following uses shall
not be considered outdoor commercial entertainment and recreation:
outdoor firing ranges, racetracks or recreational courses for the
purpose of racing motorized vehicles such as, but not limited to,
go-carts and motocross racing.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit. For purposes of this chapter, "family"
does not include any society, club, fraternity, sorority, association,
lodge, federation, or like organizations; or any group of individuals
who are in a group living arrangement as a result of criminal offenses.
See "agricultural use."
A temporary structure for the display and sale of farm products.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off-premises.
Anything other than living plants, trees or shrubs designed
to or which divides, encloses or screens a parcel of land or portion
thereof and which does not support any roof structure or enclose any
covered living space.
An institution or establishment primarily engaged in hunting
or fishing for sport and which may include a firing range and clubhouse
as an accessory use.
The official map of the Town of New Hartford on which the
Federal Emergency Management Agency has delineated the one-hundred-year
and five-hundred-year floodplains.
The highest level of flood that, on the average, is likely
to occur once every 100 years; that is, that has a one-percent chance
of occurring each year.
The one-hundred-year-flood elevation plus one additional
foot of elevation.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude
without cumulatively increasing the water surface elevation more than
the designated height shown in the Town of New Hartford's Flood Insurance
Rate Map.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls, or from the center
line of a wall separating two buildings, but not including interior
parking spaces, loading space for motor vehicles or any space where
the floor-to-ceiling height is less than six feet.
A facility for the receipt, transfer, short-term storage,
and dispatch of goods. Such facility may include the repair or maintenance
of vehicles.
A service road, usually parallel to a highway, designed to
reduce the number of driveways that intersect the highway.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation and subject to all pertinent laws regulating
such use. This definition shall also include the term "mortuary."
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor space therein for more than one car leased to
a nonresident of the premises.
A parcel or building thereon where gasoline or any other
automobile engine fuel, kerosene, motor oil, lubricants, grease (for
operation of motor vehicles) or minor accessories are retailed directly
to the public on the premises and where the servicing or minor mechanical
repair of motor vehicles or installation of mufflers or other specialty
items may occur. Gasoline service stations shall not include the sale
or storage of automobiles or trailers (new or used). A gasoline service
station is also known as a "gasoline station" or "automobile service
station."
A tract of land for playing golf, except a miniature golf
course, consisting of at least nine holes, within which the playing
area is not artificially illuminated. A golf course may include a
driving range.
A business whose principal activity is the growing and selling
of plants on the site and having outside storage, growing or display.
A greenhouse may also retail plants and flowers grown on and off of
the premises. The term includes the term "nursery."
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions.
A building or portion thereof designed and equipped for the
conduct of sports, exercise, leisure time activities or other customary
and usual recreational activities, operated for profit or on a not-for-profit
basis, and which can be open only to bona fide members and guests
of the organization or open to the public for a fee. See the term
"entertainment and recreation, indoor, commercial."
Any area of land, water or structure which is used or intended
to be used for the landing and takeoff of helicopters and any appurtenant
areas which are used for heliport buildings or helicopter facilities
or rights-of-way, together with all heliport buildings and facilities.
Any nonresidential activity or use, done for hobby or profit as an incidental and secondary use of a residential property and which does not alter the exterior of the property or affect the residential character of the neighborhood. This definition shall include utilization of a residential property as a home office for business conducted off-premises or for the storage of inventory and equipment associated with that business. (See also § 118-57 of this chapter for further definition of a Type 1 home occupation and a Type 2 home occupation.)
A community association other than a condominium association,
operating in accordance with the General Business Law, which is organized
in a development in which individual owners share common interest
in open space or facilities.
To house or board horses in a stable.
An enterprise that boards at least 10 horses, regardless
of ownership, and receives $10,000 or more in gross receipts annually
from fees generated through the boarding of horses. Under no circumstances
shall this definition be construed to include operations whose primary
purpose is horse racing.
An institution providing primary health services and medical
or surgical care to persons suffering from illness, disease, deformity,
injury and other abnormal physical or mental conditions and possibly
including, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities, training facilities,
medical offices and overnight accommodations.
A building or group of buildings that contains living and
sleeping accommodations for transient occupancy and which may provide
additional services such as restaurants, meeting rooms, entertainment
and recreational facilities.
A dwelling intended for occupation by an employee of a farm
and his/her family. Said dwelling shall not be occupied by persons
other than farm employees and their families.
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas (paved or gravel), sidewalks, patios and paved
recreation areas.
The percentage of the area of a lot that is covered by impervious
surface.
A nonprofit, religious or public use, such as a religious
institution, library, public or private school, hospital or government-owned
or -operated building, structure or land used for public purpose.
Any motor vehicle, boat, trailer or semitrailer which is
inoperable and which, by virtue of its condition, cannot be economically
restored. In addition, any vehicle may be presumed to be a junk vehicle
when valid license plates are not displayed or license plates have
been expired for more than 60 days; or valid state-inspection stickers,
as required for the use of the vehicle, are not displayed or have
been expired for more than 60 days; or the vehicle remains in an inoperable
condition for more than 90 days.
A lot, land or structure or part thereof used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material,
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles and for the sale of parts thereof. "Automobile junkyard"
shall mean any place of storage or deposit, whether in connection
with another business or not, where two or more unregistered old or
secondhand motor vehicles, no longer intended or in condition for
legal use on the public highways, are held, whether for the purpose
of resale of used parts therefrom, for the purpose of reclaiming for
use some or all the materials therein, whether metal, glass, fabric
or otherwise, for the purpose of disposing of the same or for any
other purpose. Such terms shall include any place of storage or deposit
for any purpose of used parts or waste materials from motor vehicles
which, taken together, equal in bulk two or more such vehicles.
Any kennel where pet animals owned by another person are
temporarily boarded for pay, trade, barter, commission, or remuneration
of any sort. This definition shall also include domestic animal rescue
and rehabilitation; provided, however, that this definition shall
not apply to zoos or to animal hospitals operated by veterinarians
duly licensed under the law.
Any kennel lawfully located on a premises zoned for such
use where dogs over the age of six months not licensed as pets are
owned, kept, or harbored for the purpose of breeding dogs; provided,
however, that this definition shall not apply to zoos or to animal
hospitals operated by veterinarians duly licensed under the law.
Any area for the depositing of refuse in a natural or man-made
depression or trench or dumping at ground level, compacting to the
smallest practicable volume and covering with earth in a systematic
and sanitary manner.
An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public.
A structure open to the general public whose principal use
is a repository for literary and artistic materials such as books,
records, prints, videotapes, etc.
Domestic animals of types customarily raised or kept on farms
(i.e., cows, goats, horses, pigs, barnyard fowl, etc.) for profit
or other productive purposes. This definition does not include household
dogs, cats, and potbellied pigs.
Any building used as a group residence or extended care facility
for the care of persons, including assisted living facilities and
nursing homes, where compensation and/or reimbursement of costs is
paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services.
A facility that is licensed to provide health care under
medical supervision for 24 or more consecutive hours to between two
and six patients who are not related to the governing authority or
its members by marriage, blood or adoption.
A parcel of land considered as a unit occupied or capable
of being occupied by a building or use and accessory buildings or
uses or by a group of buildings united by a common use or interest
and including such open spaces as are required by this chapter, and
having its principal frontage on a public street.
The total area included within lot lines. No part of the
area within a public right-of-way may be included in the computation
of lot area.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
That portion or percentage of a lot that is covered by an
impervious surface.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The contiguous length of the front lot line measured at the
street right-of-way line. Frontage on a cul-de-sac shall be measured
at the front yard setback line. A corner lot shall be considered to
have two such frontages.
A lot other than a corner lot.
The lines bounding a lot as defined herein:
FRONT LOT LINEFor an interior lot, the line separating said lot from the street. For a corner lot, each line separating said lot from both streets. For a through lot, the line separating said lot from both streets.
REAR LOT LINEThe lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from the street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
A legally existing lot at the time of adoption of this chapter,
properly filed and recorded in the Oneida County Clerk's office as
either an individual parcel of land or part of an approved subdivision.
A lot having frontage on two parallel or converging streets
other than a corner lot.
The sale and incidental servicing of new and used machinery
of any type.
An establishment where metal parts are fabricated or welded
for any purpose.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD) Manufactured Home Construction
and Safety Standards, 24 CFR Part 3280, transportable in one or more
sections, which, in the traveling mode, is eight feet (2,438 mm) or
more in width or 40 feet (12,192 mm) or more in length, or, when erected
on site, is 320 square feet (29.7 m2) minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. The term "manufactured home" shall also
include any structure that meets all the requirements of this definition
except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the Federal Department
of Housing and Urban Development and complies with the standards established
under the national Manufactured Housing Construction and Safety Standards
Act of 1974, as amended.[3] The term "manufactured home" shall not include any self-propelled
recreational vehicle.
Any lot, parcel or tract of land or portion thereof, together
with the open space and facilities required by this chapter, used,
designed or maintained, and having manufactured home spaces as defined
herein, held out for hire or lease, to accommodate mobile homes as
defined herein, or any premises on which two or more manufactured
homes are located and occupied, regardless of whether or not any compensation
is provided.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products and the blending of materials,
such as lubricating oils, plastics, resins or liquors.
That line on the shore established by the fluctuations of
water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, changes in the character of soil, destruction
of terrestrial vegetation, the presence of litter and debris or other
appropriate means that consider the characteristics of the surrounding
areas.
A building or institution that contains offices and dispenses
health services and includes related laboratory equipment, but not
including facilities for overnight care of patients. The term shall
include dental care facilities.
Premises of an organization of persons who meet periodically
to promote a social, educational, athletic, service or recreational
objective and who cater exclusively to members and their guests, with
no vending, merchandising or commercial activities conducted except
as required generally for the membership and purposes of the club.
The definition includes the term "fraternal club."
The mining of sand, gravel, clay, topsoil, mulch, stone or
other natural material deposits for commercial use and/or sale, including
the construction, alteration or maintenance of mine roads, mine tailings,
piles or pumps and mine drainage.
Occupancy of a building or premises in part for one use and
in part for some other use not customarily accessory to the first
use.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which, in the traveling mode, is eight feet (2,438 mm) or more in
width or 40 feet (12,192 mm) or more in length, or, when erected on
site, is 320 square feet (29.7 m2) minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. The term "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
Any lot, parcel or tract of land or portion thereof, together
with the open space and facilities required by this chapter, used,
designed or maintained, and having mobile home spaces as defined herein,
held out for hire or lease, to accommodate mobile homes as defined
herein, or any premises on which two or more mobile homes are located
and occupied, regardless of whether or not any compensation is provided.
A factory-manufactured dwelling unit, conforming to applicable
provisions of this chapter and bearing insignia of approval issued
by the State Fire Prevention and Building Code Council, which is constructed
by a method or system of construction whereby the structure or its
components are wholly or in substantial part manufactured in a manufacturing
facility, intended or designed for permanent installation, or assembly
and permanent installation.
A building or group of detached or connected buildings designed
or used for providing transient sleeping accommodations, where each
accommodation unit maintains a separate outside entrance.
Methane and 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 seismic surveying and sampling techniques,
which include but are not limited to core or rotary drilling or making
an excavation in the search for and evaluation of natural gas, petroleum
or other subsurface hydrocarbon deposits.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
The digging or drilling of a well for the purposes of exploring
for, developing, or producing natural gas, petroleum or other subsurface
hydrocarbons, including, without limitation, any and all forms of
shale fracturing.
Any garbage, refuse, cuttings, sludge, flow-back fluids,
brine, 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 or
natural gas and/or petroleum and any related hydrocarbons, and any
natural or non-natural radioactive, carcinogenic, or toxic chemicals
or compounds (herein "deleterious substances") used in or for, occurring
or arising from, relating to, or produced by any process or operation
relating to the exploration for or the extraction or production of,
or the processing treatment of, or transportation of, natural gas,
petroleum, or any related hydrocarbons, regardless of whether such
deleterious substances have and executed as a unit, such as, but not
limited to, large subdivisions, business parks (which may include
light industrial uses, mobile home parks, and similar types of land
uses, and to establish standards by which development in such zones
shall occur).[4]
A building or portion thereof which was lawfully constructed,
converted or enlarged pursuant to building permits issued by the Town
prior to the effective date of this chapter, or amendments thereto,
and that does not conform to the provisions of the district in which
it is located.
A lot of record in existence prior to the effective date
of this chapter, or amendments thereto, which does not have the minimum
area, lot width or lot frontage required for the district in which
it is located.
A use which was established, converted or enlarged prior
to the effective date of this chapter, or amendments thereto, and
that does not conform to the requirements of the district in which
it is located.
A nonconforming use or structure that was legally permitted
prior to the effective date of this chapter.
See "greenhouse."
Premises on which are provided lodging, board and continuing
nursing care for compensation to convalescent, infirm, incapacitated
or chronically ill persons. The term "nursing home" shall include
convalescent home, rest home, and long-term care facility.
A building used primarily for conducting the affairs of a
business, profession, service, industry or government or like activity,
which may include ancillary services for office workers such as a
restaurant, coffee shop, newspaper and/or candy stand.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment of owners and occupants of land adjoining or neighboring
such open space, provided that such areas may be improved with only
those buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
The keeping, in an unroofed area, of any goods, junk, material
or merchandise determined to be in nonworking order, or any good or
material not made for outdoor use, in the same place for more than
24 hours.
A fuel burning device that is:
Designed to burn wood or other fuels;
Specified by the manufacturer for outdoor installation or installation
in structures not normally occupied by humans; and
Used to heat building space and/or water via the distribution,
typically through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
A district described by this chapter within which, due to
special circumstances and the imposition of a special overlay designation,
additional regulations and requirements apply to complement those
of the underlying zoning district to which such designation is added.
The owner, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation having vested or contingent interest in a building
or land.
A tract of land designated and used by the public for active
and passive recreation. This term shall include "playground."
An off-street, ground-level open area that provides temporary
storage for motor vehicles.
An off-street space available for the parking of one motor
vehicle and having dimensions of not less than nine feet by 18 feet
exclusive of passageways and driveways thereto.
A building or structure consisting of more than one level
and used to store motor vehicles. This definition shall also include
the term "parking garage."
A store where you can leave possessions in order to borrow
money, or buy objects that others have left there and that are now
for sale.
A specified use to which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
or right.
Any individual, corporation, partnership, association, trustee
or legal governmental entity.
Any building where the primary occupation is the repair,
care of, maintenance or customizing of personal properties that are
worn or carried about the person or are a physical component of the
person. For the purpose of this chapter, "personal service establishment"
shall include but need not be limited to barbershops, beauty parlors,
hair stylists, laundromats, dry-cleaning pickup establishments, tailors,
dressmakers, shoe cleaning and/or repair shops and other similar places
of business. The term "personal service establishment" is not to be
construed to include offices of physicians, dentists and veterinarians,
or dry-cleaning plants, or linen or diaper services.
A place where drugs and medicines are legally prepared and/or
dispensed.
The use of a lot or structure prior to the time of the enactment
of this chapter.
A stream protected under Article 15 of the Environmental
Conservation Law. A permit is required from the New York State Department
of Environmental Conservation for any work which will disturb the
stream bed or banks.
Any area where 50 or more individuals collect to participate
in or to observe programs or activities.
Any land, structure or combination thereof owned, used or
controlled exclusively for public purposes by any department or branch
of the Town of New Hartford, Oneida County, State of New York, or
federal government without reference to the ownership of the building
or structure and/or the land on which it is situated.
A business or service having an appropriate franchise from
the Town of New Hartford, Oneida County, or State of New York, which
is engaged in regularly supplying the public with some commodities
or services which are of public consequence and need, such as electricity,
gas, water, transportation, or communications.
A mobile unit, whether self-propelled or intended to be towed,
designed for camping, recreational travel or vacation use, which provides
partial housekeeping facilities such as plumbing, heating, electrical,
cooking or refrigeration systems or equipment, but not intended for
year-round living. The term "trailer" shall include utility trailers
intended to be used for hauling boats, snowmobiles or similar equipment.
A lot or parcel of land, with or without buildings, upon
which used materials are separated and processed for shipment for
eventual reuse in new products.
Any person offering to pay the refund value of an empty beverage
container to a redeemer, or any person who contracts with one or more
dealers or distributors to collect, sort and obtain the refund value
and handling fee of empty beverage containers for, or on behalf of,
such dealer or distributor under the provisions of § 27-1013
of the New York State Environmental Conservation Law.
A structure or use in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held.
This definition includes churches, temples, parish houses, convent
seminaries, retreat houses, and schools affiliated with religious
sects.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
A commercial establishment preparing and serving food to
the public for primary consumption on the premises within the principal
building thereof. Such establishment may also have pickup service
which shall not be construed to include a drive-through window.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and picking up food may take place from an automobile.
For purposes of this chapter, drive-through windows shall only be
permitted where drive-through windows are permitted as an accessory
use according to Schedule A.[5]
Any building where the primary occupation is the sale of
merchandise in small quantities, not for resale. All drive-through
facilities associated with retail establishments are defined as separate
accessory uses for purposes of this chapter and each must be a permitted
use in the district in which it exists or is proposed to be located
pursuant to Schedule A: Permitted Uses.[6]
An establishment primarily engaged in the provision of horseback-riding
instruction and/or the boarding of horses, including customary accessory
buildings and uses.
Lines which separate private property from existing or dedicated
public property containing or proposed to contain publicly owned streets,
surfaces, gutters, curbs, planted strips or sidewalks. Where a public
street is designated on the major thoroughfare plan, all requirements
of this chapter which relate to rights-of-way shall be measured from
the indicated proposed right-of-way lines.
A dwelling in which one or more rooms are rented for lodging.
Any parabolic dish and/or other device(s) or equipment, of
whatever nature or kind, whose purpose is to receive television, radio,
microwave or other such signals or communications from orbiting satellites.
Any building(s), site or place used for the cutting or milling
of raw timber into dimensional lumber for compensation.
Any building or place, or part thereof, which is designed,
constructed or used primarily for education or instruction in any
branch of knowledge. Schools include public, private or parochial
institutions from prekindergarten through secondary-level education.
The term includes special education facilities, but does not include
day-care facilities, riding academies or other commercial businesses
which, in their names or titles, use the term "school."
A public facility for the temporary storage of personal,
household or business property that is serviced by the owner of the
stored property or an agent of the owner of the stored property. The
term "self-storage facility" shall not be construed to mean "warehouse"
and shall not be used for the transfer, shipping or receiving of products
or goods in conjunction with a business operation. This definition
shall include the term "mini self-storage facility."
A building or group of buildings divided into separate units
or compartments. Each unit or compartment shall be divided from the
floor to the ceiling by a wall and shall have an independent entrance
from the exterior of the unit. There shall be no electrical outlets
permitted inside any unit. This definition shall include the term
"mini self-storage units."
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business, industry, government,
and other enterprises such as but not limited to personal service
establishments such as salons and barbers, banks and financial institutions,
real estate agents and repair shops.
The distance between the building and any lot line.
A building with at least 10,000 square feet of gross leasable
area. Any group of two or more commercial uses which are designed
as a single commercial group, whether or not located on the same lot;
are under common ownership or management; are connected by common
party walls, partitions, canopies, or other structural members to
form one continuous structure, or, if located in separate buildings,
are interconnected by walkways and accesses designed to facilitate
customer interchange between the uses; share a common parking area;
and otherwise present the appearance of one continuous commercial
area.
A shopping center with stores on both sides of an enclosed
pedestrian walkway.
Any device of any medium affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place of activity, person, institution, organization or business, but not including any flag, badge or insignia of any government or government agency, school or religious group or of any civic, charitable, religious, patriotic, fraternal or similar organization, nor any official traffic device. Each display surface shall be considered to be a sign. See § 118-84 for additional sign definitions.
A sign which directs attention to a business, commodity or
service or to entertainment sold or offered elsewhere than upon the
premises where such sign is located or to which it is affixed.
A sign which directs attention to a business or professional
service offering, or a commodity or service, or to entertainment sold
or offered upon the premises where such sign is located or to which
it is affixed. A "for sale" or "to let" sign relating to the lot on
which it is displayed shall be deemed to be a "business sign."
The map or drawing and all related information submitted to the Planning Board for review in accordance with the requirements and procedure specified in Article X of this chapter.
An establishment that provides repair or maintenance services
for machines with typically one-cylinder motors that are light enough
to be lifted by one and designed to power a variety of applications
such as lawn and garden equipment, chain saws, etc.
A device, or combination of devices, structures, or part
of a device or structure that transforms direct solar energy into
thermal, chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
Radiant energy (direct and/or reflected) received from the
sun.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy (to the extent they cannot
be used jointly with a conventional energy system). Passive solar
energy systems are included in this definition but not to the extent
that they fulfill other functions such as structural and recreational.
For purposes of this chapter, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to 10 kilowatts
(kW) per hour of energy or solar thermal systems which serve the building
to which they are attached.
A use that is deemed desirable for the public welfare within
a given zoning district or districts but that is potentially incompatible
with other uses provided therein. The special use shall, therefore,
be subject to approval by the Planning Board in accordance with conditions
set forth for such use, as well as other applicable provisions of
this chapter.
The law as codified in Article 8 of the Environmental Conservation
Law and the implementing regulations codified in Title 6 of the New
York Codes, Rules and Regulations, Part 617.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
That part of a building between a pitched roof and the uppermost
full story and having a floor area at least half as large as the floor
below. Space with less than five feet of clear headroom shall not
be considered as floor area.
A road accepted by the Town Board as a public street or highway
or a state or county highway or a previously built undedicated roadway
or a privately owned roadway used for nonresidential or auxiliary
purposes. Streets are classified in the Town of New Hartford Comprehensive
Plan.
A street that has not been accepted by the municipality or
other governmental entity.
Any change to a structure which is not merely a repair or
replacement of an existing part or any change which would:
Enlarge or diminish the livable floor area of the structure
or any part thereof;
Change the number of dwelling units contained in any structure;
Cause a change in the location or height of the exterior walls
or roof of the structure;
Move the structure from one position to another;
Change any exit or entry facilities; or
Change or rearrange the structural parts, including bearing
walls, beams, girders or columns.
A static construction, or assembly, of materials, the use
or occupancy of which requires a fixed location on the ground or attachment
to any object having such a fixed location. Structures shall include,
but not be limited to, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
gasoline pumps, billboards, satellite dishes, signs, mobile dwellings
and satellite antennas.
Any permanent or portable structure, basin, chamber, or tank
which is intended for swimming, diving, recreational bathing or wading
and which contains, is designated to contain, or is capable of containing
water more than 24 inches deep at any point. This includes in-ground,
above-ground and on-ground pools.
An establishment used primarily for the serving of alcoholic
beverages by the glass to the general public and where food or packaged
liquors may be served or sold only as accessory to the primary use.
"Tavern" does not include "liquor store." This definition also includes
the term "bar."
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of said period of time.
A building or portion thereof designed for the enactment
of dramatic performances, musical performances and/or showing of motion
pictures on a paid admission basis.
An open lot or part thereof, with its appurtenant structures
and facilities, devoted primarily to the showing of motion pictures
or theatrical products on a paid-admission basis.
An accessory structure used to store items connected with
the maintenance and repair of the principal structure and associated
grounds.
The person or consulting engineer or engineers designated,
empowered and paid by the Town to act as its engineer.
A row of attached single-family dwellings in which each has
its own access to the outside. No unit is located over another unit
and each unit is separate from any other unit by one or more vertical
common fire-resistant walls.
The person or consulting planner designated, empowered and
paid by the Town to act as its planner.
A combination trucking unit consisting of a tractor or power
unit hooked up to a full trailer or a semitrailer.
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.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to the specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of reasonable
use of the land or structures. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconvenience or
a desire to make more money.
A variance from the dimensional and physical requirements
to allow the use of land in a manner otherwise prohibited in the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use. A veterinary hospital may include a kennel or a facility to cremate
animals.
A building used primarily for the storage of goods and materials.
The uppermost surface of groundwater or that level below
which the soil is seasonally saturated with water.
Land meeting either the State of New York or federal regulatory
definition of "wetland."
Any building wherein the primary occupation is the sale of
merchandise in gross for resale and any such building wherein the
primary occupation is the sale of merchandise to institutional, commercial
and/or industrial consumers. A warehouse shall not be deemed a wholesale
trade establishment.
An open space on the same lot with a building, unoccupied
or obstructed by a portion of a structure from the ground upward,
except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the main building projected to the side
lines of the lot.
A space on the same lot as the main building, open and unoccupied
except for accessory buildings, extending the full width of the lot
and situated between the rear line of the main building projected
to the side lines of the lot and the rear line of the lot.
An open, unoccupied space on the same lot with a main building,
situated between the side line of the main building and the adjacent
side line of the lot and extending from the front yard to the rear
yard.
An area, section or zone of the Town described on the Zoning
Map contained within this chapter[7] and within which uniform requirements regulate the use
of land and the height, bulk, density and setback of structures.
The map delineating the boundaries of the zoning districts
that, along with the zoning text, comprise this chapter.[8]
[1]
Editor's Note: Schedule B is included as an attachment to
this chapter.
[2]
Editor's Note: Schedule A is included as an attachment to
this chapter.
[3]
Editor's Note: See 42 U.S.C. § 5401 et seq.
[4]
Editor's Note: So in original.
[5]
Editor's Note: Schedule A is included as an attachment to
this chapter.
[6]
Editor's Note: Schedule A is included as an attachment to
this chapter.
[7]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
[8]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
