Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense include the future, and the plural includes
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "shall" is intended to be
mandatory; "occupied" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
See "use, accessory."
GROSSThe total acreage of a parcel or parcels of land proposed for subdivision and/or development, as determined by certified survey, by deed description or from real property tax assessment records, whichever is less.
NETThe gross acreage less the acreage of lands rated as severe with reference to flooding, ponding, erosion or slope by the Soil Conservation Service, United States Department of Agriculture; or are proposed to be occupied by public utility easements and/or central services, water and sewer facilities, in such a manner as to prevent their use and development; or lands that for any other reason are not suitable for building purposes; except that lakes with a mean depth of eight feet or more conducive to recreational usage shall not be discounted. It is this figure (net acreage) into which the lot area per dwelling unit, (derived from the lot size formula) is to be divided to determine maximum permissible dwelling units for a given site; (residential uses); or into which the lot areas per commercial, service or industrial development, derived from the lot size formula, is to be divided to determine sufficiency of lot size.
Structures intended primarily or exclusively for support
of an agricultural operation, and exemplified by, but not restricted
to, barns, silos, water towers, windmills and greenhouses.
[Added 4-5-2012 by L.L. No. 2-2012]
An operation in which activities include the cultivation
of food, fiber or horticultural crops or the raising of livestock
or poultry in accordance with the New York State Agriculture and Markets
Law.
[Added 4-5-2012 by L.L. No. 2-2012]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; or an enlargement,
whether by extending on a side or by increasing in height or in moving
from one location or position to another in accordance with the New
York State Uniform Fire Prevention and Building Code.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
FUR-BEARING ANIMALSAnimals raised primarily for their skins or pelts, including but not limited to mink and rabbit.
LABORATORY ANIMALSAnimals raised primarily for scientific experimentation, including but not limited to mice, rats and guinea pigs.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other, in rental
units.
BUILDINGThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
NET SITEThe total area within the property lines, excluding external streets.
See "motel."
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical difference between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes.
A tourist accommodation. Bed-and-breakfast residences shall
be permitted accessories only to single-family detached dwellings.
The operator of the bed-and-breakfast establishment shall be an owner
of the property and an occupant of the single-family residential dwelling
to which the guest rooms are accessory. Not more than three bedrooms
of the single-family detached dwelling shall be permitted to be used
for rental purposes. Room rental shall be for transient usage only.
There shall be a limit of not more than 21 consecutive days for the
length of stay by any guest.
[Added 12-11-1996 by L.L. No. 5-1996]
All rooms in multifamily, row or group dwellings beyond one
kitchen, living room and dining room or area per dwelling unit. For
purposes of determining the number of bedrooms in a proposed multifamily,
row or group dwelling, all dwelling units shall be rated as having
at least one bedroom, e.g., studio apartment.
An outdoor advertising sign available for lease for the display
of a commercial or public service messages and which directs attention
to a business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such sign
is displayed or only incidental upon such lot.
[Amended 12-11-1996by L.L. No. 5-1996]
Any dwelling in which more than three persons,
either individually or as families, are housed or lodged for hire,
and used for single room occupancy; or
Any dwelling that provides sleeping accommodations
in three or more individual rooms on either a transient or permanent
basis, without cooking and toilet facilities, as defined below, for
each individual occupant or family; however, excepting those locations
as defined in the New York State Fire Prevention and Building Code
as an adult residential care facility.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING, ACCESSORYA subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING, DETACHEDA building surrounded by open space on the same lot.
BUILDING, FRONT LINE OFThe line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs to three stories maximum.
BUILDING, MAIN OR PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
TYPE 1 CAMPAny area of land or water on which are located two or more cabins, tents, travel or camping trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise
TYPE 2 CAMPAny land, including buildings thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or by children either as individuals, families or groups.
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of camping trailers
or tents none of which may exceed 38 feet in length.
TO FIRE DISTRICTAn amount equal to 1% of the 100% valuation insured against loss by fire of the improvements proposed or existing, as estimated by the Town Assessor.
TO TOWN PARK FUNDAn amount per newly created lot, or dwelling unit, as determined by the Town Board at its annual reorganization meeting.
TO SEWER DISTRICTFor a development where such central facilities is not mandatory, an amount equal to the cost of providing an individual septic system for each principal use; and for a development where such central facilities are mandatory, an amount equal to the cost of a servicing central sewage treatment plant conforming to Town specifications, plus the cost of all laterals and connections; said costs to be estimated by the Town Engineer.
TO WATER DISTRICTFor a development where such central facilities are not mandatory, an amount equal to the cost of providing an individual well with submersible pump for each principal use; and for a development where such central facilities are mandatory, an amount equal to the cost of a servicing central well or wells, pump or pumps, water storage tank, plus the cost of all lateral and connections; said cost to be estimated by the Town Engineer.
See "motor vehicle laundry."
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories
nor account toward livable floor area.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities, except as required generally for the membership of such
club.
A residential subdivision in which the permissible number
of dwelling units that would result in a given district under conventional
application of this chapter is allowed to be concentrated on a smaller
portion of the land in detached, semidetached, attached or multistory
structures, such flexibility of design and development of land enabled
and encouraged in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities and to preserve the natural and scenic qualities
of open lands, under the authority of § 278 of the Town
Law and the resolution of the Town Board adopting this chapter.
Having financial gain as the object.
An area operated for gain, available to the public, for short-
or long-term storage of motor vehicles. A "commercial vehicle" shall
be defined as any vehicle registered or required to be registered
as a commercial vehicle under the New York State Vehicle and Traffic
Law, with the exception of vehicles commonly referred to as a "pickup
truck" and "van."
[Added 12-11-1996 by L.L. No. 5-1996]
An operation in which a landowner is paid for trees to be
cut down and taken away on more than one acre. A permit is required.
A mode of ownership wherein each dwelling unit may be owned
in fee simple individually and separately from all others but where
all such owners have an indivisible interest in the common areas.
Thus, they share ownership and attendant responsibility for the provision,
maintenance and/or repair of common internal facilities, utilities,
services, exterior building surfaces, land, landscaping and other
outdoor facilities.
A change in use or occupancy of a dwelling by alteration
or by other reorganization as to increase the number of families or
dwelling units in a structure.
A kitchen sink, stove/oven combination and refrigerator.
[Added 12-11-1996 by L.L. No. 5-1996]
A mode of ownership in which title is held jointly by a group
of cooperators, each member owning a given number of shares in the
corporation, in proportion to the value of his individual dwelling
unit, which he owns under an occupancy agreement. Each cooperator
is assessed, according to the number of shares owned, for maintenance
of common areas.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by walls
of such buildings.
COURT, INNERA court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
That percentage of the plot or lot area covered by the building
area.
The elevation of the curb opposite the center of the front
of the building. If a building faces on more than one street, the
curb level shall be the average of the elevations of the curbs at
the center of each side or front of the building. Where no curb level
or equivalent has been established by the municipal authority, the
average elevation of the finished grade immediately adjacent to the
front of the building shall be considered as the curb level. If a
building faces on more than one street where no curb level has been
established, the average of the elevations of the finished grade on
each street side of the building shall be considered the curb level.
Areas within which the changing of land contours and/or the removal of the natural vegetative cover and/or the erection of structures is automatically subject to site plan review by the Planning Board (according to Article XII, Site Plan Review) for purposes of protecting ecologically sensitive areas and scenic assets of the community. Those areas so adjacent are:
The designated protection areas shall be interpreted
to mean those areas 100 feet in measurement from the contour of streams
or shore line of lakes and reservoirs.
Midpoint in the triangular-shaped parcel formed by the intersections
of Greenville Turnpike West, the Minisink Turnpike and County Route
55.
A structure used for the harboring of more than three dogs
that are more than six months old or more than 12 dogs that are under
six months of age. Any dog owner whose dog(s) bear(s) more than one
litter of puppies that are of registered pedigree and offered for
sale shall, for the purpose of this chapter, be considered as maintaining
a "dog kennel" and must adhere to all regulations governing the same.
A lot of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building designed for use as the living quarters for one
or more families. The term "dwelling," "one-family dwelling," "two-family
dwelling" or "dwelling group" shall not be deemed to include automobile
court, rooming house or tourist home.
DWELLING, ONE-FAMILY DETACHEDA house accommodating but one single family and having two side yards with at least 750 square feet of living area, the shortest mean longitudinal dimension of which dwelling must be 24 feet, erected on permanent foundation with/without basement and equipped for year-round occupancy.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
DWELLING, MULTIFAMILYA dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or joint facilities, or both.
DWELLING, GROUPA group of two or more one-family, two-family or multiple-family dwelling units occupying a lot in one ownership and having any yard in common.
DWELLING, ROW OR GROUPA building consisting of a series of noncommunicating one-family dwelling units having a common wall between each two adjacent units. (Also known as "townhouses.")
DWELLING, UNITA building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with other dwelling unit. A trailer, a boarding or rooming home, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
Tones of colors such as browns, grays and greens to which
roofing and siding materials will be limited by deed restriction,
furthermore restricting the use of white and pastel colors, so as
to be harmonious and congruous with the natural setting.
[Amended 12-11-1996 L.L. No. 5-1996]:
One, two or three persons occupying a dwelling
unit; or
Four or more persons occupying a dwelling unit
and living together as a traditional family or the functional equivalent
of a traditional family.
It shall be presumptive evidence that four or
more persons living in a single dwelling unit who are not related
by blood, marriage or legal adoption do not constitute the functional
equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit;
The occupants must share the entire dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family;
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in local schools;
Members of the household have the same address
for purposes of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more, whether in the current dwelling unit or other
dwelling units;
There is common ownership of furniture and appliances
among the members of the household; and
The group is not transitory or temporary in
nature.
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
FLOOR AREA, LIVABLEAll spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms, basement rooms having a window area of less than 20% of the square foot area of the room, unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any room within the dwelling unit; and all attic space having a clear height of six feet from finished floor level to the pitch of the roof rafter and a clear height of seven feet six inches from finished floor level to the pitch of the roof rafter and a clear height of seven feet six inches from finished floor level to ceiling over 50% of the area of such attic space.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA RATIO OF A BUILDINGThe quotient of the floor area of a building divided by its lot area.
Includes but not limited to domesticated birds, such as chickens,
ducks, geese, turkeys and pheasants, raised in confinement.
The holding of title to all common open space and recreational
facilities in an open space development upon deed from its builder/developer
to a bank or other fiduciary which, for a fee, acts as trustee for
the benefit of all owners and occupants; such arrangements as detailed
in the Urban Land Institute Technical Bulletin #62.
GARAGE, PRIVATEA garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory.
GARAGE, COMMERCIALAny garage other than a private garage, available to the public, operated for gain and which is used for the storage of automobiles or other motor vehicles.
An apartment house wherein the entrance of a dwelling unit
is no more than one flight of stairs (one floor) above or below the
ground (or main entrance) floor level.
GRADE, ESTABLISHEDThe elevation of the center line of the streets as officially established by the Town authorities.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
A detached complete dwelling unit subordinate to a principal
dwelling, sharing a common lot.
An activity carried on for gain by a resident and conducted
as an accessory use in the resident’s dwelling unit or on the
site of the residence.
[Amended 12-11-1996 by L.L. No. 5-1996; 5-17-2007 by L.L. No. 3-2007]
Unless otherwise specified, includes sanitarium, sanatorium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place for the diagnosis, treatment or other care of ailments,
and shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
HOSPITAL, GENERAL MEDICAL AND SURGICAL ONLYA hospital other than for mental patients, contagious or infectious diseases or liquor or drug addicts.
HOSPITAL, ANIMALAn establishment for the medical and/or surgical care of sick or injured animals.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
See "mobile home."
A highly restricted type of planned industrial district in
which special emphasis and attention are given to aesthetics and community
compatibility. Subdivided and developed according to a comprehensive
plan which includes detailed provision for streets and all necessary
utilities, the park provides serviced sites for a community of industrial
and industry-oriented uses.
An area of land with or without buildings used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags
or scrap material; or used building materials, home furnishings, machinery
and parts thereof, with or without dismantling, processing, salvage,
sale or other use or disposition of the same. One cubic yard or more
of refuse located on a property for more than 30 days shall also be
deemed to be a junkyard.[1]
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The dividing line between the street and the lot.
Animals, including but not limited to domestic animals, such
as sheep, horses, cattle and goats. (Such definition shall not encompass
fur-bearing animals or animals raised for laboratory purposes.)
A building in which three or more rooms are rented and in
which no table board is furnished.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
this chapter to be adequate as a condition of the issuance of a building
permit for a building on such land.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
A mean horizontal distance between the front and the rear
lot lines, measured in the general direction of its side lot lines.
A lot other than a corner lot.
Any line dividing one lot from another.
The lot line generally opposite from the street line; if
the rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the front lot line not less than 10 feet long lying
farthest from the front lot line.
The space which shall be assigned to or used and occupied
by any one mobile home.
An interior lot having frontage on two parallel or approximately
parallel streets.
[Amended 10-20-2005 by L.L. No. 3-2005; 4-2-2009 by L.L. No. 2-2009]
Shall be determined to be the distance between the side lot
lines measured at the line separating the lot from the street or road
which will provide access to the property; accordingly, the minimum
lot width set forth in each of the zoning districts in the Town must
be met at the street line on each lot proposed and approved.
On new culs-de-sac approved by the Planning Board, lot width must be a minimum of 50 feet at the street line and must expand to the minimum 150 feet at the front yard setback line. The front yard setback line is set forth in § 205-66A(1). The dimensions of a cul-de-sac are set forth in § 181-24J of the subdivision regulations of the Town.[2] These regulations set forth a minimum diameter and outside
diameter. The dimensions of the cul-de-sac and the dimensions of the
potential lots created around the cul-de-sac must conform to the attached
diagram.[3] Lots around the cul-de-sac shall be limited to four lots.
The largest area formed by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles
or raw materials are changed, or where articles are assembled or packaged,
in quantity.
A transportable, one-family dwelling equipped for year-round
occupancy and containing the same water supply, waste disposal, heating
and electrical conveniences as immobile housing and which must conform
to the New York State Uniform Fire Prevention and Building Code to
such structures. The term "mobile home" shall include vehicles mounted
on temporary or permanent foundation with or without the wheels, rollers
or skids in place.
An area of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
dwelling purposes and approved as such by the Planning Board subsequent
to the introduction of a zoning law in the Town of Greenville. The
selling or servicing of trailers or mobile homes in a mobile home
court is prohibited.
Two or more prefinished or semiprefinished units, built at
a plant or factory and transported to a building site and there assembled,
united and installed on a permanent foundation comprising one or more
dwelling units.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for necessary
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, auto courts and by similar
appellations.
A building, portion of a building and/or area arranged, intended
or designed to be used for the washing, spraying, waxing, polishing
and/or drying of motor vehicles and/or the vacuum or dry cleaning
of the same.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles, their mechanical
systems and their body structure (including painting).
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
Any area of land, including structures thereon, that is used
primarily for the sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle minor accessories, and which may or may not include facilities
for lubricating or otherwise servicing motor vehicles, but not including
the painting thereof by any means.
The safeguarding and improvement of ease of access and enjoyment
of natural beauty, such as scenic outlooks, well-constructed stone
walls, groves of sizable trees, lakes and ponds, beaches, wetlands,
watercourses and waterfalls and historic sites to the residents of
a development through the provision of foot and cycle paths, landscaping,
selective culling, dredging, stocking with fish and such other means
as may be appropriate to intensify the natural beauty of a site, at
a development cost equal (at least) to 1% of the estimated full assessed
valuation of the land and intended improvements, as determined by
the Town Assessor.
Any physical matter which is part of the earth.
A shopping center that provides for the sale of convenience
goods (foods, drugs and sundries) and personal services (laundry and
dry cleaning, barbering, shoe repairing, etc.) for day-to-day living
needs of the immediate development, with a maximum gross leasable
area of 10,000 square feet for the first 500 units and 1,000 square
feet of gross leasable area allowed for each additional 100 units
(but not part thereof).
An operation which involves the removal of undesirable trees,
for which there is no value, from the stand to improve growth and
vigor of remaining trees on more than one acre.
A building, structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
of the district or zone in which it is situated.
A place where trees, shrubs, vines and/or other plants are
propagated or grown for a period of at least six months before being
offered for sale and transplanting. Such definition shall not encompass
those retail establishments that buy the majority of their horticultural
stock wholesale, not propagating it themselves.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age inclusive,
and operated on a regular basis.
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire.
A district where lots filed as minor subdivisions may have
access via a right-of-way or easement (in place of a public road),
upon special application to, and review and approved by, the Planning
Board, subject to such limitations and conditions as may be prescribed
by general or special rule of the Planning Board, under the authority
of § 280-a of the Town Law and the resolution of the Town
Board adopting this chapter.
An unoccupied space open to the sky on the same lot with
the building.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all the said occupants
by means of access other than stairs.
A plan prepared by a licensed engineer detailing means by which the severe limitations assigned to the specific soils mapped on the site by the Soil Conservation Service of the United States Department of Agriculture will be satisfactorily overcome for the buildable portion (see § 181-29 of Chapter 181, Subdivision of Land) of single-family lots, or for the development area of attached houses and multifamily dwellings and commercial service and industrial uses; such plans to respect and protect the ecology of the larger area in the judgment of the Soil Conservation Service. Any dwelling unit requiring the use of a fill septic system or an aboveground septic system shall not be permitted on a lot area of less than three acres. Such lot shall meet all other zoning requirements.
An off-street parking space available for the parking of
one motor vehicle and having an area of not less than 300 square feet,
exclusive of passageways and driveways appurtenant thereto, and having
direct access to a street or alley.
Land devoted to the storage, servicing, takeoff and landing
of private, low-altitude aircraft and the storage of fuel for the
same.
One who has a minimum of a Bachelor of Science degree in
forestry from a four-year college accredited by the Society of American
Foresters.
Any lot or parcel of land.
Sewage disposal and water supply systems accepted by the
Town Board as meeting the standards required for municipal operations.
A lot or land or part thereof used for the purposes of extracting
stone, sand or gravel, as an industrial operation, and exclusive of
the process of grading a lot preparatory to the construction of a
building for which application for a building permit has been made.
Swimming pool, tennis court, baseball diamond and backstop,
putting greens, golf courses and other such outdoor facilities catering
to individual and team sports and exercise and children's equipment
catering to children's free-play, of an installed value equal (at
least) to 1% of the estimated full-assessed valuation of the land
and intended improvements, as determined by the Town Assessor.
A dwelling occupied by permanent guests only and not transients.
It may include restaurants, newsstands and other accessory services
primarily for servicing its occupants and only incidentally the public.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
See "dwelling, row or group."
A private hospital, whether or not such facility is operated
for profit.
A group of commercial establishments, planned, developed,
owned and managed as a unit related in location, size and type of
shops to the trade areas that this unit serves; it provides on-site
parking in definite relationship to the type and sizes of stores.
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any letters, word, model, banner, flag, pennant, insignia,
device or representation used as, or which is in the nature of, an
announcement, direction or advertisement which can be clearly read
or interpreted from the front lot line. A sign includes any billboard,
but does not include the flag, pennant or insignia of any nation or
group of nations or of any state, City or other political unit or
of any political, educational, charitable, philanthropic, civic, professional,
religious or like campaign, drive, movement or event. Excluded from
this definition are signs which are solely devoted to prohibiting
trespassing, hunting or fishing.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises or only incidentally on the premises if at all.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined,
all of the area enclosed by such frame or outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area within
all of the matter of which such sign consists may be enscribed.
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" or a "to let" sign relating
to the property on which it is displayed shall be deemed a business
sign.
Any sign designed to give forth any artificial light, or
designed to reflect such light deriving from any source which is intended
to cause such light or reflection. A "flashing sign" is any illuminated
sign on which the artificial light is not maintained stationary and
constant in intensity and color at all times when in use.
A sign designed to display either commercial or noncommercial
messages of a transitory or temporary nature. Temporary signs include,
but are not limited to, posters, banners, promotional devices, changeable
copy signs, portable signs, any sign not permanently embedded in the
ground or not permanently affixed to a building or sign structure
that is permanently embedded in the ground, or other sign of similar
nature.
[Added 4-5-2012 by L.L. No. 1-2012]
Determination of the orientation and placement on the site
of all development, as well as determination of the elevation of the
first floor of all structures in relation to the natural and finished
grades of the surrounding area.
The horizontal distance in feet between the highest elevation
of a lot (or development) and the lowest elevation of a lot (or development)
divided by the vertical difference between these two elevations in
feet; said horizontal distance ordinarily shall be the natural course
of stormwater drainage. Should the site be sufficiently large (in
the judgment of the Planning Board) and heterogeneous in character
(difference in slope factors greater than 10%), this site should be
divided into different measurement units, with a gradient defined
for each.
STABLE, PRIVATEAn accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLICA building in which any horses are kept for remuneration, hire or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if such building
has no floor above it, then the space between any floor and the ceiling
next above it.
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
The vertical distance from the top of the floor to the top
surface of the floor next above. The height of the topmost story is
the distance from the top surface of the first floor to the top surface
of the ceiling joists.
A public or private way which affords the principal means
of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
See "alterations, structural."
Anything constructed or erected, the use of which requires
location on, in or under the ground or attachment to something having
location on the ground.
Any mineral, soil, blasted and/or broken rock or similar
materials of natural or recycled origin, including mixtures thereof.
Determination of whether a specific natural material is suitable shall
be made by the Town Engineer.
[Added 4-19-2018 by L.L.
No. 4-2018]
A group of buildings which may be cabins or cottages, containing
separate living accommodations for nontransient vacation or recreation
purposes for families or adults, for hire on a seasonal basis during
the non-Winter months.
A building or part of a building devoted to the showing of
moving pictures on a paid admission basis.
A lavatory, water closet and tub and/or shower.
[Added 12-11-1996 by L.L. No. 5-1996]
The outer layer of the earth in which vegetable matter may
take root and grow.
A group of buildings, including either separate cabins or
a row of cabins, which:
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
See "dwelling, row or group."
A special taxation district created upon petition to the
Town Board, formed to underwrite the capital costs of widening and/or
improving the right-of-way and surfacing of a Town road to the extent
of connecting a new development to the nearest road of adequate quality
to sustain the vehicular impact of that new development, said district
to include all parts of the newly created development that benefit
from the improved road access and said district to be dissolved upon
the satisfaction of its bonded indebtedness.
A folding structure, mounted on wheels and designed for travel,
recreation and vacation use.
A vehicular, portable structure built on a chassis, designed
as a temporary facility for such uses as banking, on-site construction
supervision, etc.
Any removable container used for storage which is not constructed
or erected on the property where it is used. Storage trailers include,
but are not limited to, temporary or rented storage pods, truck bodies,
bulk containers, shipping containers, and railroad cars.
[Added 4-5-2012 by L.L. No. 2-2012]
A vehicular, portable structure built on a chassis, designed
as a temporary one-family dwelling for travel, recreation and vacation,
having a body length not exceeding 26 feet.
The planting of shade and ornamental trees, both deciduous
and evergreen, of nursery stock guaranteed to survive one planting
season, the caliper of all such trees to be at least 1 1/2 inches
in diameter as measured at a point 4 1/2 feet above finished grade
level, such planting to take place at a developer cost equal (at least)
to 1% of the estimated full-assessed valuation of the land and intended
improvements, as determined by the Town Assessor.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
building. The footprint of the accessory building shall occupy an
area not to exceed 1,500 square feet maximum, but in no event shall
the accessory building be larger than the footprint of the principal
building. The sum total of all accessory uses on a site shall not
exceed the above area requirements.
[Amended 12-11-1996 by L.L. No. 5-1996; 6-3-2004 by L.L. No. 3-2004]
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
An unoccupied space open to the sky, on the same lot with
a building or structure.
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 building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street line. Covered porches,
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot, or the center line of the alley,
if there be an alley, and the rear line of the building.
An open, unoccupied space on the same lot with a main building,
situated between the side line of the building and the adjacent side
line of the lot and extending from the rear line of the front yard
to the front line of the rear yard. If no front yard is required,
the front boundary of the side yard shall be the front line of the
lot and if no rear yard is required the rear boundary of the side
yard shall be the rear line of the lot.
