Town of Greenville Proposed 2013 Zoning Law
ARTICLE I: TITLE AND PURPOSE
A.
Title
This Local Law shall be known and may be cited as "The Land Development Code of the Town of Greenville, New
York".
B.
Enacting Clause
The Town Board of the Town of Greenville in the County of Greene, pursuant to New York State Town Law, hereby
ordains, enacts and publishes this Local Law.
C.
Purpose
This Law enables Greenville to protect the diverse character of the Town while also giving landowners a range of
options and choices for the use, development, and conservation of their land. It is designed to strike a balance
between achieving the community’s vision and goals as expressed in the Town’s Comprehensive Plan and protecting
the property interests of landowners, providing a development approval process that is predictable, efficient and fair.
The Town of Greenville is committed to establishing high standards that preserve existing property values and attract
high quality investment. At the same time it recognizes that the current development economy is especially difficult for
small and locally-owned businesses as well as young families and homeowners seeking affordable housing who it
welcomes to the community. Rather than abandon community standards, the Town has provided for flexibility in the
application of this law.
The Vision Statement contained in the Town of Greenville Comprehensive Plan is:
“Residents will work collectively to conserve and enhance Greenville’s small town rural character and natural beauty.
Growth will be well planned and aesthetically pleasing and will create new economic opportunities for all. Desired
services will be supported by a productive tax base that is broad, diverse and growing”.
The Goals of the Comprehensive Plan:
1.
Greenville will adopt sustainable land use practices, initiate design and aesthetic standards
revise its zoning and preserve historic buildings and places
2. Greenville will provide responsive, open and transparent local government. Professional leadership
and excellent communication with residents will inspire a collaborative environment for
successful implementation of community plans
3.
New housing in the hamlets of Greenville will be designed and planned to fit with the Town’s rural
and historic character. Greater housing choice, including senior housing, vacation and town
homes will be available. Assertive code enforcement and rehabilitation programs will enhance
older homes and rental property.
4.
Greenville will encourage a knowledge-based, “green” economy that is competitive and
prosperous. It will promote commercial expansion, niche retail and specialty farming. Small
technology companies will flourish with enhanced telecommunication infrastructure. New and
existing commercial property will be visually attractive and complement community character.
5.
Greenville will improve and expand municipal infrastructure including public sewer and water
systems to support new and existing development. It will encourage state-of-the-art
telecommunications infrastructure (entertainment, phone, wireless internet and high-speed data
transfer) to spark technology growth. Excellent transportation will include well-maintained roads,
public transit shelters, bike lanes and racks, and a network of sidewalks in the hamlets.
6.
Greenville will offer a full array of recreation and cultural resources and high-performing
educational facilities that provide opportunities to residents of all ages.
7.
Greenville will conserve its environmental resources including the picturesque natural setting,
water resources, farms and open spaces.
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Town of Greenville Proposed 2013 Zoning Law
D.
E.
Application of Regulations
l.
No structure shall hereafter be used or occupied and no structure or part thereof shall be
erected, moved, or altered unless in conformity with the regulations herein specified for the
district in which it is located.
2.
No structure shall hereafter be erected or altered to accommodate or house a greater number of
families or have narrower or smaller rear yards, front yards, or side yards than is herein required
for the district in which such a structure is located.
3.
No structure shall hereafter be erected or altered to exceed the heights required for the district in
which such structure is located.
4.
No part of a yard or other open space setback around any one structure that is required under
the provisions of this Local Law may be included as part of the yard or other open space setback
required for a different structure.
5.
No land shall hereafter be used or occupied unless in conformity with the regulations herein
specified for the district in which it is located.
Other Laws, Ordinances and Regulations of the Town of Greenville
This Local Law is not intended to replace any other Laws, Ordinances and Regulations of the Town of Greenville. All
applicants are hereby advised that compliance with all other regulations is required.
Article II.
Establishment of Districts
A. Names of Districts
The Town of Greenville is hereby divided into the following zoning districts:
HR - Hamlet Residential
HB - Hamlet Business
LR - Low Density Residential
RR - Rural Residential
GC - General Commercial
HC - Highway Commercial
AOD - Agriculture Overlay District
B. Zoning Map
The areas and boundaries of such district are hereby established to scale as shown on a series of 24
redrafted Property Maps and on a cumulative town wide map, all of which are certified by the Town Clerk. The
redrafted Property Maps are titled “ Zoning Map Section# Of the Town of Greenville ” and include Section numbers
11.00, 12.00,12.02, 12.04, 13.00, 23.00, 23.02, 24.--, 24.01, 24.02, 25.00, 26.00, 35.00,36.00,36.01, 37.00, 38.00,
50.00, 51.00, 51.03, 52.00, 53.00 and 67.00 with said numbers corresponding to the Property Maps. The cumulative
town wide map portrays all of the information on a single less detailed map of the Town at a scale of 1:24,000. This
map is titled “ Cumulative Zoning Map of the Town of Greenville ”.
All of these 25 maps, together with everything shown thereon, is herby adopted and declared to be a part of
this Local Law. These 25 maps are herein referred to as the “ Zoning Map “.
C. Interpretation of District Boundaries
The 24 individual small scale maps, each titled “ Zoning Map Section # of the Town of Greenville “
are the definitive maps to be used for determining district boundaries. The map titled “ Cumulative Zoning Maps of the
Town of Greenville “ is intended for general references purpose. Zoning district boundaries shall be determined as
follows:
1. Boundaries indicated a approximately following the center lines of streets, highways, alleys, streams, lakes, of
other bodies of water shall be construed to follow such center lines.
2. Boundaries indicated as approximately following town limits shall be construed a following such town limits.
3. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
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Town of Greenville Proposed 2013 Zoning Law
4. In other circumstances not covered by the rules above, the Zoning Board of Appeals shall interpret the district
boundaries.
Article III.
District Regulations
The restrictions and controls intended to regulate development in each district are set forth in the following
District Regulations.
This Local Law is not intended to replace any other Ordinances, Laws and Regulations of the Town of
Greenville. All applicants are hereby advised that compliance with all other regulations, including the Town
Subdivision Regulations and the Town Mobile Home Law, is required.
The following are the only permitted uses in all districts.
1.
2.
3.
4.
5.
One family dwellings
Two family dwellings
Agriculture
Telecommuting
All other uses will require a Business Uses Permit.
District
HR
Min. Lot
Size
Min. Lot
Width
Max.Height
of
Structure *
Min. Front
Yard
Dimension
Min. Side
Yard
Dimension
Min. Rear
Yard
Dimension
.5 acre
75 feet
35 feet
35 feet
10 feet
10 feet
.75 acre
75 feet
35 feet
35 feet
10 feet
10 feet
.5 acre
75 feet
35 feet
35 feet
10 feet
10 feet
.75 acre
75 feet
35 feet
35 feet
10 feet
10 feet
LR 1
1 acre
100 feet
35 feet
35 feet
25 feet
25 feet
LR 1.5
1.5 acres
125 feet
35 feet
35 feet
25 feet
25 feet
RR
2.5 acres
200 feet
35 feet
60 feet
25 feet
25 feet
GC
.5 acre
75 feet
35 feet
35 feet
5 feet
5 feet
HC
1 acre
100 feet
35 feet
35 feet
25 feet
25 feet
(with sewer
and water)
HR
(without
sewer and
water)
HB
(with sewer
and water)
HB
(without
sewer and
water)
* Hight limitations shall not apply to church spired, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, skylights, water
tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be
erected only to such heights as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20 percent
* (20%) of the ground floor of the building. Silos, agricultural building and towers are exempt from the hight limitations provided that the structure does
not exceed the distance form any property line as it height.
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Town of Greenville Proposed 2013 Zoning Law
AOD is recognize agricultural districts established under New York State law. The purpose of the AOD id to help
protect agricultural areas for the pressure of intense development. These districts overlay one or more of the zoning
districts. The lot size and dimensions of the underlaying district shall apply. However, the permitted use list in these
other districts are expanded by the following.
1. Agriculture and all Agricultural Structures.
2. Riding academies.
3. Veterinarian office, Animal Hospitals and Kennels.
Article IV.
Site Plan Review
In all districts, prior to the issuance of a building permit for any structure or group of structures, excepting a
one- or two-family dwelling and its accessory uses, the Zoning Enforcement Officer shall require the preparation of a
site plan. In all districts, prior to the issuance of a zoning permit for any change, expansion or addition in the use of a
property, excepting a one- or two-family dwelling and its accessory uses, the Zoning Enforcement Officer shall require
the preparation of a site plan.
The requirements of Article IV may be waived, however, for applications approved under Article V, Article VI
and Article VII, when, in the determination of the Planning Board, the requirements of this section have been
adequately addressed through other provisions contained in this law.
A. Sketch Plan
A sketch plan conference shall be held between the Planning Board and applicant to review the basic site
design concept and generally determine the information to be required on the site plan. At the sketch plan
conference, the applicant should provide the data discussed below in addition to a statement or rough sketch
describing what is proposed.
1. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions,
streets, right-of-way, and easements within two hundred (200) feet of the boundaries thereof.
2. A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas,
access signs, and other planned features.
3. A map of site topography at no more then twenty (20) feet contour intervals. If general site grades exceed five
(5) percent or portions of the site have susceptibility to erosion, flooding or ponding, a soil overlay and a
topographic map showing contour intervals of not more than five (5) feet of elevation should also be provided.
B. Application for Detailed Site Plan Approval
The following is to be used as a guide line only as determined by the Planing Board. And may not be required for all
applicant. At time of site plan review the Planing Board will determine if any will be required.
1. A completed “ Application for Site Plan Review” form.
2. A completed Environmental Assessment form or Draft Environmental Impact Statement, as required by the
Planning Board under the NYS Environmental Quality Review Act (SEQR).
3. Certifies Property survey with metes and bounds description.
4. A detailed site plan prepared by a licensed land surveyor or professional engineer or architect which shall
contain information form the following checklist, as determined necessary by the Planning Board at the Sketch
Plan Conference.
Site Plan Checklist
1. Title of drawing, including name and address of applicant and person responsible for preparation of such
drawing.
2. North arrow, scale and date.
3. Boundaries of the property plotted to scale.
4. Existing watercourses and other existing and proposed contours.
5. Grading and drainage plan, chowing existing and proposed contours.
6. Location, design, type of construction and proposed use and hight of all structures.
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Town of Greenville Proposed 2013 Zoning Law
7. The scale of proposed alteration of new construction in relation to the property itself, surrounding properties,
and the neighborhood.
8. Texture, material and their relation to similar features of other properties in the neighborhood.
9. Details of the subject structure, including proportion of the property’s front facade, proportion and arrangement
of windows and other openings with the facade, roof shape and the pattern of spacing of properties of street,
such a set back distances.
10. Building elevations, drawn to scale, from all sides.
11. Location, design and construction materials of all parking and truck loading areas, showing access and
egress.
12. Provision for pedestrian access.
13. Provision for handicap accessibility.
14. Location of outdoor storage, if any.
15. Location, design and construction material of all existing or proposed site improvements, including drains,
culverts, retaining walls and fences.
16. Description of the method of sewage disposal and location, design and construction materials of such
facilities.
17. Description of the method of securing public water and location, design and construction of materials of such
facilities.
18. Location of fire and other emergency zones, including the location of fire hydrants.
19. Location, design and construction materials of all energy distribution facilities, including electrical, gas and
solar energy.
20. Location, size and design and and construction materials of all proposed signs.
21. Location and proposed development of all buffer areas, including existing vegetative cover.
22. Location and design of outdoor lighting facilities.
23. Designation of the amount of building area proposed for retail sales or similar commercial activity.
24. General landscaping plan and planting schedule.
25. Location, size and details of any designated wetlands of flood plains on property, if applicable.
26. Other elements integral to the proposed development as considered necessary by the Planning Board,
including identification of an state, county or local permits required for the project’s execution.
27. Proposed location of all items intended to be stored outside: plan for maintenance of clean and neat
appearance of said premises.
Required Fees
The required fees will be set by the Town Board from time to time.
Residential
For residential structures or structures accessory to residential uses, the applicant need provide plans with
such specificity as will enable the board to determine compatibility in accordance with paragraph (2)(5) below. Such
applicants are otherwise not required to comp;y with the requirement of this paragraph.
Article IV.
Preservation Review
Prior to the issuance of a building permit in the HR or HB districts the Zoning Enforcement Officer shall
require a certificate of appropriateness from the Planning Board.
1. The application for a certificate of appropriateness shall contain:
a. Title of drawing, including name and address of applicant and person responsible for preparation
of such drawing.
b. Boundaries of the property plotted to scale.
c. Location, design, type of construction and proposed use and height of all structures.
d. The scale of proposed alteration or new construction.
e. Texture, materials and their relation to similar features of other properties in the district.
f. Details of the subject structure, including proportion of the property’s front facade, proportion and
arrangement of windows and other openings with the facade, roof shape and the pattern of
spacing of properties on street, such as setback distances.
g. Building elevations, drawn to scale, from all sides.
h. Location of outdoor storage, if any.
2. Planing Board Review
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Town of Greenville Proposed 2013 Zoning Law
No proposed construction or alteration shall be approved unless it is deemed compatible with the
historic architecture of the district.
The historic architecture of the HR and HB districts shall be considered to be Victorian, Colonial,
Colonial Revival or Italianate, existing vernacular forms and the like. In applying the principle of compatibility,
the Planning Board shall consider the following:
a. The general design, character, and appropriateness to the property of the proposed alteration of
new construction.
b. The scale of proposed alteration of new construction in relation to the property itself surrounding
properties and the district.
c. Texture, materials and their relation to similar features of other properties in the district.
d. Visual harmony with surrounding properties, including proportion of the property’s front facade,
proportion and arrangement of windows and other opening with the facades roof shape and the
pattern of spacing of properties on street, such as setback distances.
e. The importance of historic, architectural, or other features to the significance of the property.
3. Public Hearing
The Planning Board shall conduct a public hearing on the application for certification of appropriateness.
Such hearing shall be conducted within forty five (45) days of the receipt of the completed application for site
plan review and shall be advertised in a newspaper of general circulation in the town at least five (5) days
before the public hearing. The applicant shall also be required to provide written notice, return receipt
requested, of the public hearing to all owners of land adjacent to the subject parcel at least ten (10) days
before the public hearing. Adjacent shall include landowners on both sides of the road.
4. Planning Board Action
Within forty-five (45) days of public hearing, the Planing Board shall act on the application. If no
decision is made within said forty-five (45)day period, the application shall be considered approved. The
Planning Board’s action shall be in the form of a written statement to the applicant stating whether or not the
detailed site plan is approved, disapproved or approved with modification. The time within which a decision
must be rendered may be extended by mutual consent of the applicant and the Planning Board. The
Planning Board’s statement may include recommendations of desirable modifications to be incorporated,
conformance with which shall be considered a condition of approval. If the application plan is disapproved,
the Planning Board’s statement will contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the proposal and resubmission to the Planning Board after is has
beed revised or redesigned.
5.General Considerations
a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections,
road widths, pavement surfaces, dividers and traffic controls.
b. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures,
control of intersections with vehicular traffic and overall pedestrian convenience.
c. Location, arrangement, appearance and sufficiency of off-street parking loading.
d. Location, arrangement, size. design and general site compatibility of buildings, lighting and
signs.
e. Adequacy of storm water and drainage facilities.
f. Adequacy of water supply and sewage disposal facilities.
g. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual
and/or noise buffer between the applicant’s and adjoining lands, including a maximum retention
of existing vegetation.
h. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open
space for play areas and informal recreation.
i. Protection of adjacent of neighboring properties against noise, glare, unsightliness or tother
objectionable features.
j. Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.
k. Special attention to the adequacy of structures, roadways and landscaping in areas with
susceptibility to ponds, flooding and/or erosion.
6. Consulting Review
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Town of Greenville Proposed 2013 Zoning Law
The Planning Board may consult with the Building Inspector, Town Engineer, Fire Commissioner,
Conservation Council, Highway Superintendent, other local and county officials, designated private
consultants, federal and state agencies, Soil Conservation Service, State Department of Transportation,
State Health Department and State Department of Environmental Conservation. Cost associated with the
review of the site plan by the Planning Board and/or its designated consultants, shall be charged to the
applicant. Such costs will be due and payable to the Planning Board prior to the incurrence of said expense.
To determine such costs beforehand, the Planning Board will determine the scope of the consultant’s review
of the site plan and will forward the site plan to the consultant. The consultant will prepare an estimate of the
cost of the review and will forward it to the Planning Board. The Planning Board shall charge the applicant
accordingly.
7. Public Hearing
The Planning Board shall conduct a public hearing on the detailed site plan. Such hearing shall be
conducted within forty five (45) days of the receipt of the completed application for site plan review and shall
be advertised in a newspaper of general circulation in the town at least five (5) days before the public
hearing. The applicant shall also be required to provide written notice, return receipt requested, of the public
hearing to all owners of land adjacent to the subject parcel at least ten (10) days before the public hearing.
Adjacent shall include landowners on both sides of the road.
8. Planning Board Action
Within forty-five (45) days of public hearing, the Planing Board shall act on the application. If no
decision is made within said forty-five (45)day period, the application shall be considered approved. The
Planning Board’s action shall be in the form of a written statement to the applicant stating whether or not the
detailed site plan is approved, disapproved or approved with modification. The time within which a decision
must be rendered may be extended by mutual consent of the applicant and the Planning Board. The
Planning Board’s statement may include recommendations of desirable modifications to be incorporated,
conformance with which shall be considered a condition of approval. If the application plan is disapproved,
the Planning Board’s statement will contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the proposal and resubmission to the Planning Board after is has
beed revised or redesigned.
9. Miscellaneous Polices
a. Performance Guarantee
No certificate of occupancy shall be issued until all improvements shown on the approved
detailed site plan are installed or a sufficient performance guarantee has been posted for
improvements not yet completed. The sufficiency of such performance guarantee shall be
determined by the Planning Board after consultation with the Zoning Enforcement Officer or other
competent persons.
b. Inspection of Improvements
The Building Inspector shall be responsible for the overall inspection of site improvements,
including coordination with other officials and agencies, as appropriate.
c. Integration of Procedures
Whenever the particular circumstances of a proposed development require compliance
with any other Town Law, Ordinance or regulation, the Planning Board shall attempt to integrate as
appropriate, site plan review as required by this Article with the procedural and submission
requirements for such other compliance.
d. Relationship of This Law to Other Laws and Regulations
This law in no way affect the provisions of requirements of any other Federal, State or Local Law or
Regulations. Where this ordinance is in conflict with any other such law or regulation, the more restrictive
shall apply.
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Town of Greenville Proposed 2013 Zoning Law
Article V.
Planned Unit Development
A. Purpose and Objective
The purpose of this Planned Unit Development (PUD) article is to encourage flexibility in the design and
development of land in order to promote ints most appropriate use; to facilitate adequate and economical provisions
of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with
the goals and objectives of the Comprehensive Plan.
To realize these purposes, a PUD shall achieve the following objectives:
1. Choice in housing environment and type, occupancy tenure (e.g.: cooperatives, individual ownership,
condominium, leasing), lot sizes and common facilities.
2. More usable open space and recreation areas and, if permitted as part of a project, more convenience in
location of accessory commercial and service uses.
3. A development pattern which preserves the Town’s rural character, outstanding natural topography,
geologic features, scenic vistas, trees and prevents the disruption of nature drainage patterns.
4. An efficient use of land resulting in smaller networks of utilities and streets.
5. A development pattern in harmony with the land use intensity, transportation, and community facility
objectives included in the Comprehensive Plan.
B. General Requirements
1. Minimum Area
The minimum area for a PUD shall be ten (10) contiguous acres of land in the HR and GC districts
and shall be thirty five (35) contiguous acres of land in the LR district.
2. Ownership
The project land may be owned, leased or controlled either by a single person, corporation or by a
group of individuals or corporations. Such ownership may be public or private corporation. The approved
project plan shall be binding on the project land and owner(s). Only the owner or an agent designated in
writing shall be allowed to file an application for a PUD.
3. Location
PUD’s are allowed only in HR, GC and LR districts.
4.Permitted Residential Uses
Residences may be of a variety of types. Emphasis shall be placed on relating the proposed
housing types to those in adjacent residential areas.
5. Permitted Non-Residential Uses
Non-Residential uses may be permitted where such uses are scaled primarily to serve the
residents of the PUD. Non-Residential uses shall be accessory commercial, accessory services or
professional offices, only.
6. Permitted Accessory Uses
Customary accessory and associated uses such as private garages, storage spaces, recreational
and community activity centers may be permitted.
7. Land Use Density Consideration
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Town of Greenville Proposed 2013 Zoning Law
In keeping with the intent of this Article, land use intensity shall be allowed to increase from the
minimum lot size of 2 acres per use to an average density of .5 acres per use.
8. Sewer and Water Facilities
Every PUD must be served by public or private communal sewer with a sewage treatment plant
and water system that have been approved by the NYS Department of Health and the NYS Department of
Environmental Conservation and have been properly shown to meet every requirement of the Town of
Greenville and the County of Greene. Sewage treatment must be provided by a governmental agency, a
municipality or a sewage disposal corporation formed and regulated pursuant to Article 10 of the NYS
Transpiration CorporationLaw.
9. Common Property
Common property in a PUD is a portion of land in the PUD, together with the improvements
thereon, the use and enjoyment of which are shared by the owners and occupants of the individual buildings
sites.
Common property shall comprise a minimum of thirty (30) percent of any PUD. Such common
property shall be either public or private In cases of common property maintained privately, such lands shall
be covenanted to the satisfaction of the Town Board, to insure that such areas shall not be utilized for future
building sites. In the computation and determination of common property areas lands shall be of such
location and configuration that they shall adequately serve and be accessible to all building sites within the
PUD and comprise land that are suitable for open space use.
10.Height
No structure in a PUD shall exceed thirty five (35) feet in height.
C. Sketch Plan Application and Review
Whenever any PUD is proposed, before any contract is made for the sale of any part thereof, before any
zoning and building permit shall be granted, and before any subdivision plat may be filed in the office of the Greene
County Clerk, the prospective developer and his authorized agent shall apply for and secure approval of such PUD in
accordance with the following procedures.
1. Application for Sketch Plan Approval
a. In order to allow the Planning Board and the developer to reach an understanding on basic
design requirements prior to detailed design investment, the developer shall submit a sketch plan of his
proposal to the Planning Board. The sketch plan shall be approximately to scale and it shall clearly show the
following information:
(1). The location of the various uses and their areas in acres;
(2). The general outlines of the interior roadway system and all existing rights-of-ways and
easements, whether public or private;
(3). Delineation of the various residential areas indication the number, size and typer of
dwelling units proposed; and a calculation of the density pursuant to section V.B.7;
(4). The interior open spaces system;
(5). The overall drainage system;
(6). A topographic map showing contour intervals of at least ten (10) feet of elevation;
(7). Principal relationships to the community at large with respect to highways, water
supply and sewerage disposal;
(8). A location map showing uses and ownership of abutting lands;
b. The sketch plan shall be accompanied by the following:
(1). Evidence of how the developer’s particular mix of land uses meets existing community
demands;
(2). Evidence that the proposal is compatible with the goals of the Town Comprehensive
Plan;
(3). A description of how all property will be owned and maintained;
(4). Evidence of the applicant’s ability to carry out the plan both physically and financially;
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Town of Greenville Proposed 2013 Zoning Law
2.Planing Board Review of Sketch Plan
a. Favorable Report
A favorable report shall include a recommendation to the Town Board that a public hearing
be held for the purpose of considering PUD Districting. It shall be based upon the following findings
which shall be par of the report:
(1). The proposal conforms to the Comprehensive Plan.
(2). The proposal meets the objectives as expressed in Section V.A.
(3). The proposal meets the general requirements of Section V.B.
(4). Adequate sewer and water services are or will be available when the development is
competed.
b. Unfavorable Report
An unfavorable report shall state clearly the reasons therefor, and, if appropriate, point out
to the applicant what might be necessary in order to receive a favorable report. The applicant may,
within ten (10) days after receiving and unfavorable report, file and application for an appeal to the
Town Board.
c. Planning Board Certification
The Chairman of the Planning Board shall certify when all of the necessary application
material has been presented and the Planning Board shall submit its report within forty five (45)
days of such certification. If no report has been rendered after forty five (45) days, the applicant
may proceed as if a favorable report were given to the Town Board.
D. Procedure for Establishing the PUD District
1. Town Board Hearing
Upon receipt of a favorable sketch plan report from the Planning Board, or upon its own
determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering PUD Districting for the applicant’s plan in
accordance with the procedures established under Section 264 and Section 265 of New York State Town
Law or other applicable law. Said public hearing must be conducted within forty five (45) days of the receipt
of the favorable report of the decision of appeal form and unfavorable report.
2. Town Board Preliminary Approval
If the PUD Districting is acceptable, the Town Board shall issue a preliminary approval to the
applicant and shall refer the applicant to the Planning Board.
3. Referral to Planning Board/Conditions for Final Districting Approval
Upon Town Board referral to the Planning Board, the PUD applicant must secure site plan approval
in accordance with Article V of the Zoning Law. If required, subdivision approval must be obtained in
accordance with the Subdivision Ordinance of the Town of Greenville. In addition the applicant must comply
with all additional conditions and requirements as may be set forth by the Town Board in it resolution
granting the PUD District and shall so document to the Planning Board. The Planning Board shall certify to
the Town Board when all conditions have beed met for final districting approval.
4.Town Board Approval
Upon certification by the Planning Board that all conditions for final districting approval have been
met, the Town Board shall grant final approval and the Zoning Map shall be so noted. The Town Board may,
in order to protect the public health, safety and welfare of the community, attach to its zoning resolution any
additional conditions or requirements for the applicant to meet. Such conditions may include, but are not
limited to the project’s visual screening, construction priorities, residential land use mixes, pedestrian and
vehicular circulation systems, and protection of natural and /or vistas.
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Town of Greenville Proposed 2013 Zoning Law
Article VI.
Cluster Development
A. Purpose
The purpose of this Cluster Development Article is to prevent variation in lot size and housing types in
suitable areas in order to encourage flexibility of design, to enable land to be developed in such a manner as to
promote its most appropriate use, to facilitate the adequate and economical provision of street and utilities, and to
preserve the natural and scenic qualities of open space, in accordance with Section 281 of the New York State Town
Law.
This purpose is achieved by permitting lot sizes to be reduced in a subdivision plat if (1) the overall density
does not exceed that which is otherwise permitted in the applicable zoning district, and (2) the land thus gained is
preserved a permanent open space for the use and enjoyment of the residents.
B. Requirements
1.
The Planning Board is herby empowered to implement these provisions at its discretion in the LR
and RR Districts if in the Board’s judgement its application at the particular location is desirable and
would contribute to the general well-being of the neighborhood and community and would benefit the
Town.
2.
The Planning Board must determine that the Cluster Development will not be detrimental to the
health, safety or general welfare of persons residing in the vicinity, injurious to property improvements
within its proximity, and that the Cluster Development conforms with the objectives of the Comprehensive
Plan before issuing its approval.
3.
Maximum Number of Dwelling Units: As part of the application for a Cluster Development the
subdivider shall submit a conventional subdivision plan for the entire area, showing the lots that could be
realistically created in terms of topography, natural features and costs, under the non-cluster provisions of
this zoning law and if compliance with the Town of Greenville Subdivision Ordinance. The total number of
lots thereby derived shall be the maximum number of dwelling units allowed in the Cluster Development.
4.
Open Space Requirements: Land reserved for open space shall be of a character and location
suitable for whatever open space purposed for which the land shall be reserved, such as a natural area,
conservation area, wildlife preserve, outdoor recreation site, neighborhood park, nature center, wetlands,
memorial forest, natural watercourse, or other open space use. The Planning Board may require that the
open space be located at at suitable place on the edge of the subdivision so that additional land be added
at such time as the adjacent land is subdivided. Reserved open space shall not be narrower than 200 feet
except where necessary to provide a pathway or other access. An easement for the natural watercourse
dedicated to the Town may be considered a open space for the purpose of this regulation if such
easement is at least 200 feet wide. The subdivider shall allocate for open space purposes the same
percentage of the entire tract as that by which the lot area has on the average been reduced, and shall be
substantiated by the Town Board.
Article VII.
Special Business Development District (Floating District)
A. Purpose and Objectives
The purpose of this Special Business Development District (BDD) article is to:
1. Encourage flexibility to promote the most appropriate use of land and to result in smaller, more efficient
networks of utilities and streets;
2. Provide sufficient space, in appropriate locations, to meet the Town’s needs for manufacturing,
commercial and related activities, with due allowance for the need for a choice of sites;
3. Protect residences by separating them from business activities and to prohibit the use of such space for
new residential development;
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Town of Greenville Proposed 2013 Zoning Law
4. Encourage development which is free from danger of fire, explosions, toxic and noxious matter, radiation,
and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous
matter, heat, humidity, glare, and other objectionable influences;
5. Encourage development which preserve the Town’s rural character, outstanding natural topography and
geologic features,scenic vistas, trees, and prevent the disruption of natural drainage patterns;
6. Encourage compatibility with the Comprehensive Plan;
B. General Requirements
1. Minimum Area
The minimum area for a BDD is ten (10) contiguous acres.
2. Ownership
The project land may be owned, leased or controlled either by a single person, corporation or by a
group of individuals or corporations. Such ownership may be public or private corporation. The approved
project plan shall be binding on the project land and owner(s). Only the owner or an agent designated in
writing shall be allowed to file an application for a BDD.
3. Permitted Uses
The following land uses are permitted in BDD’s
1. Shopping Center
2. Offices
3. Research laboratories
4. Newspaper offices & printing shops
5. Wholesale businesses & services
6. Equipment rental or sales
7. Public utilities
8. Light industry
9. Storage facilities
10. Accessory uses
4. Location
BDD’s are allowed to be located only in areas currently zoned a RR, GC and HC districts as long a
such proposed district have direct access onto a new York State highway by means of a paved two lane
road that meets all town requirements.
5. Road Adequacy and Traffic Hazards Prevention
Proposed BDD’s must be located adjacent to a public road that is adequate to handle the expected
traffic generated by the district. The proposed use and layout shall be of such a nature that is makes
vehicular or pedestrian traffic no more hazardous than is normal of the area involved. Factors to consider in
his determination are the turning movements in relation to traffic flow, proximity to and relationship to
intersections, adequacy of sight distances, location and access of off-street parking, provisions for
pedestrian traffic, and minimization of pedestrian-vehicular contacts.
6. Adjacent Lands
The proposed location and height of buildings or structures, wall, fences, parking, loading and
landscape shall be such that they do not interfere with of discourage the allowed development in the use of
land adjacent to the proposed site or unreasonably affects it value.
7. Signs
Proposed signs shall be in accordance with the requirements of Article X and shall be designed and
located as not to present a hazard, glare or unattractive appearance to either adjacent property or to
motorist.
8. Landscaping
Adequate landscaping and lighting shall be provided.
9. Sewer and Water Facilities
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Town of Greenville Proposed 2013 Zoning Law
Every BDD must be served by public or private communal sewer and water systems that have
been approved by the NYS Department of Health and The NYS Department of Environmental Conservation
and have beed properly shown to meet every requirement of the Town of Greenville and the Count of
Greene. Sewage treatment must be provided by a governmental agency, a municipality or a sewage
disposal corporation formed and regulated pursuant to Article 10 of the NYS Transportation Corporation
Law.
10. Height
No structure in a BDD shall exceed thirty-five (35) feet in height.
11. Performance Standards
Uses are not permitted which exceed New York State regulations of any of the following standards
measured at the individual property line;
1. Emit noise in excess of 70 decibels.
2. Emit an odor which is considered offensive.
3. Emit dust or dirt which is considered offensive.
4. Emit any smoke, in excess of Ringlemann Chart No. 2.
5. Emit any noxious gases which endanger the health, comfort, safety or welfare of any person, or
which have a tendency to cause injury or damage to property business or vegetation.
6. Cause, as a result of normal operations, a vibration which creates displacement of 0.003 of one
inch.
7. Lighting of signs which create clare, which could impair the vision of a driver of any motor
vehicle.
8. Cause a fire, explosion or safety hazard.
9. Cause harmful wastes to be discharged into the sewer system, streams or other bodies of water.
C. Sketch Plan Application and Review
Whenever any BDD is proposed, before any contract is made for the dale of any part thereof, before any
zoning and building permit shall be granted, and before any subdivision plat may be filed in the office of the Greene
County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such BDD in
accordance with the following procedures.
1. Application for Sketch Plan Approval
a.
In order to allow the Planning Board and the developer to reach an understanding on
basic design requirements prior to detailed design investment, the developer shall submit a
sketch plan of his proposal to the Planning Board. The sketch plan shall be approximately to
scale and it shall clearly show the following information:
(1). Location and size in acres of proposed land uses; location, proposed use and height
of all structures;
(2). The general outline of the interior roadway system and all existing rights-of way and
easements, whether public or private;
(3). The overall drainage system;
(4). Principal relationships to the community at large with respect to highways, water
supply, and sewerage disposal;
(5). A location map showing uses and ownership of abutting lands;
(6). Existing natural features such a watercourses, water bodies. wetlands,wooded areas,
individual large trees and flood hazard areas. Features to be retained in the
development should be indicated;
(7). Location and proposed development of all buffer areas, including existing vegetative
cover;
(8). General landscaping plan and planting schedule;
(9). Building orientation and site design for energy efficiency;
(10). Applicant’s entire holdings and that portion of the applicant’s property under
consideration;
(11). Location of design of all parking and truck loading areas, entrances and exits;
(12). A soils overlay, if general site grades exceed 15% or portions of the site have
susceptibility to erosion, flooding or ponding;
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Town of Greenville Proposed 2013 Zoning Law
(13). Location, size and design of al proposed signs and lighting facilities;
(14). Existing and proposed contours at intervals of not more than five (5) feet of elevation;
(15). Location and design of all existing on-site or nearby improvements including drains,
culverts,water lines, sewers, bridges, retaining walls, fences and easements whether
public or private;
(16). Grading and erosion control plan;
(17). Sediment control plan showing proposed location of sediment sink/setting pond and
interceptor swale;
(18). Location and design of storm-water management facilities;
(19). Drainage report including supporting design and copies of computations used as a
basis for the design capacities and performance of drainage facilities;
(20). Description of the method of securing water supply and location and design of such
facilities;
(21). Description of the method of sewage disposal and location and design of such
facilities;
(22). Location and design of all energy distribution facilities, including electrical, gas and
solar energy;
(23). Location of outdoor storage, if any;
b.The sketch plan shall be accompanies by the following:
(1).Evidence of how the developer’s particular mix of land uses meets existing community
demands;
(2). Evidence that the proposal is compatible with the goals of the Town Comprehensive
Plan;
(3). A description of how all property will be owned and maintained;
(4). Evidence of the applicant’s ability to carry out the plan both physically and financially;
2.Planing Board Review of Sketch Plan
a. Favorable Report
A favorable report shall include a recommendation to the Town Board that a public hearing
be held for the purpose of considering BDD Districting. It shall be based upon the following findings
which shall be part of the report:
(1). The proposal conforms to the Comprehensive Plan.
(2). The proposal meets the objectives as expressed in Section VII.A.
(3). The proposal meets the general requirements of Section VII.B.
(4). Adequate sewer and water services are or will be available when the development is
competed.
b. Unfavorable Report
An unfavorable report shall state clearly the reasons therefor, and, if appropriate, point out
to the applicant what might be necessary in order to receive a favorable report. The applicant may,
within ten (10) days after receiving and unfavorable report, file and application for an appeal to the
Town Board.
c. Planning Board Certification
The Chairman of the Planning Board shall certify when all of the necessary application
material has been presented and the Planning Board shall submit its report within forty five (45)
days of such certification. If no report has bedd rendered after forty five (45) days, the applicant
may proceed as if a favorable report were given to the Town Board.
D. Procedure for Establishing the BDD District
1. Town Board Hearing
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Town of Greenville Proposed 2013 Zoning Law
Upon receipt of a favorable sketch plan report from the Planning Board, or upon its own
determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering BDD Districting for the applicant’s plan in
accordance with the procedures established under Section 264 and Section 265 of New York State Town
Law or other applicable law. Said public hearing must be conducted within forty five (45) days of the receipt
of the favorable report of the decision of appeal from and unfavorable report.
2. Town Board Preliminary Approval
If the BDD Districting is acceptable, the Town Board shall issue a preliminary approval to the
applicant and shall refer the applicant to the Planning Board.
3. Referral to Planning Board/Conditions for Final Districting Approval
Upon Town Board referral to the Planning Board, the BDD applicant must secure site plan approval
in accordance with Article VII of the Zoning Law. If required, subdivision approval must be obtained in
accordance with the Subdivision Ordinance of the Town of Greenville. In addition the applicant must comply
with all additional conditions and requirements as may be set forth by the Town Board in it resolution
granting the BDD District and shall so document to the Planning Board. The Planning Board shall certify to
the Town Board when all conditions have beed met for final districting approval.
4.Town Board Approval
Upon certification by the Planning Board that all conditions for final districting approval have been
met, the Town Board shall grant final approval and the Zoning Map shall be so noted. The Town Board may,
in order to protect the public health, safety and welfare of the community, attach to its zoning resolution any
additional conditions or requirements for the applicant to meet. Such conditions may include, but are not
limited to the project’s visual screening, construction priorities, residential land use mixes, pedestrian and
vehicular circulation systems, and protection of natural and /or vistas.
Article VIII.
Demolition Permits
General Procedures and Provisions
No demolition permit shall be issued by the Zoning Enforcement Officer permitting demolition in the HR and
HB districts without approval by the Planning Board except where the Zoning Enforcement Officer finds that
demolition is necessary in the interest of the safety and welfare of the public. The Zoning Enforcement Officer may
also waive Planning Board review if the subject structure is less the one hundred (100) years old.
If subject structure has already received an approved Certificate Of Appropriateness a demolition permit will
be approved.
The Planning Board review shall be based on the principle that properties which contribute to the character
of the district in which they are located shall be retained and preserved with their historic features altered as little as
possible.
An applicant for a proposed demolition may apply for relief on grounds of hardship. In order to prove the
existence of hardship, the applicant shall establish that.
a. The property is incapable of earning a reasonable return, regardless of whether that return represents the
most profitable return possible; and
b. The property cannot be adapted for any other use, whether by the current owner of by a purchaser which
would result in a reasonable return.
Article IX.
Parking Regulations
Number of parking spaces required will be as followed, with the exception of the HB, off-street parking
spaces shall be provided in any district in accordance with the specifications in this section whenever any new use is
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Town of Greenville Proposed 2013 Zoning Law
established or existing use is enlarged. In the HB district , the parking requirements are waived where it can be
demonstrated that adequate public or private parking is available
Use
Parking spaces Required
Residential
2 per dwelling unit
Resort
1 per lodging unit
Church or School
1 for every 4 people based on
seating occupancy of principal
building
Professional offices
1 for every 200 sq. ft. of floor
space
Business services
1 for every 200 sq. ft. of floor
space
Home based business
2 spaces
Retail business
1 for every 150 sq. ft.of floor
space
Personal service establishments
1 for every 150 sq. ft.of floor
space
Restaurants and eating
establishments
1 for every 4 seats
Industrial
1 for each 2 employees
Screening will be required if parking lot abuts a residential district and must be 6 ft. in height and blocks the view from
the residential district. This can be waved by the Planning Board.
Article X.
Sign Regulations
1. Sign Permit and Fee
After the effective date of this law and except as otherwise herein provided, no person shall erect
any sign without first obtaining a sign permit from the Zoning Enforcement Officer.
2. Issuance of Permit
Upon the filing of an application for a permit to erect a sign, it shall be the duty of the Zoning
Enforcement Officer to examine such plans, specifications and other data submitted to him with the
application, and, if necessary the building or premises upon which it is proposed to erect the sign, If the
proposed sign is in compliance with the following requirements he shall then issue a permit for the erection
of the proposed sign.
3. Illumination
On internally lit signs shall not exceed 50% of the ambient light.
4. Interference with Governmental SIgns
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Town of Greenville Proposed 2013 Zoning Law
No permanent or temporary sign shall be erected or placed at or near the intersection of any street
in such a manner as to cause a traffic hazard at the intersection or at any location where, by reason of the
position, shape, color, or illumination of the sign may interfere with,obstruct the view, or be confused
with any authorized traffic sign, signal or device. No sign shall make use of the words “STOP”, “LOOK”,
“DANGER”, “CAUTION” or any other word, phrase, symbol or character which may tend to confuse,
mislead or resemble any governmental or duly authorized sign.
5. Condition and Maintenance
Should any sign be or become unsafe, unsightly, damaged, in danger of falling, or is a menace to
the public, the owner thereof or the person maintaining the same, shall upon receipt of written notice from
the Zoning Enforcement Officer proceed at once to put such sign in a safe and secure condition,
renovate or remove the sign; provided, however that if such a situation is not corrected within ninety (90)
days from the date of receipt of written notice, the Zoning Enforcement Officer shall correct the situation
or have it corrected, with the cost assessed to the property’s town tax bill.
All renovations to any non-conforming sign shall be undertaken in such a manner so as to cause
the sign to conform to this law.
6. Exemptions
All signs listed below are exempt from the application process contained at subparagraph 1 and 2
above, but must comply with all other sign regulations.
a. Providing consent of the property owner is obtained and that placement does not exceed 60
days:
(1). Christmas and holiday decorations, [flags, banners] etc.
(2). Political posters, banners and similar signs.
(3). Signs of other promotional devices relating to a special event, festival or similar
activity.
(4). Yard or garage sale signs.
(5). All such devices in this category shall be removed within seven (7) days after such
activity has ended, except for signs required by law or private traffic control.
b. Safety, directional, historical markers or other types of signs erected and maintained by a public
agency.
c. Signs advertising the sale, lease or rental of the premises upon which the sign is located, which
sign shall not exceed 6 square feet in area.
d. Professional name plates the shall not exceed 4 square feet in area.
e. Signs denoting the name and address of the occupants of the premises, which sign shall not
exceed 2 square feet n area.
f. Temporary signs denoting the architect, engineer or contractor placed on premises where
construction, repair or renovation is in progress, which sigs shall not exceed 9 square feet in
area.
7. General requirements
a. Signs shall not use utility poles, trees, rocks or other natural features a a means of support.
b. No sign shall be located in a public right of way.
c. Any advertisement which uses a series of 2 or more signs placed along a street or highway,
carrying a single advertising message, part of which is contained on each sign, shall be
prohibited.
d. In the event the erector of the sign is not the owner thereof, written consent of the owner of the
building, structure of land to which of on which a sign is to be erected, is required.
e. No sign shall exceed 64 square feet in area on each side of the sign. In HR, HB and LR Districts,
signs shall not exceed 32 square feet in area on each side. No sign shall be erected so that the
top of the sign is greater then 20 feet from the ground.
f. No sign shall, in its construction, employ any mirror or mirror-like surface.
8. Non-Conforming Signs
Signs which fail to conform to these Sign Regulations as of the effective date of this Law are
allowed to continue.
9. Obsolete Signs
Any obsolete sign which no longer identifies a bona fide use shall be removed within ninety (90)
days after written notice by the Zoning Enforcement Officer, to the owner of the property on which the sign
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Town of Greenville Proposed 2013 Zoning Law
is affixed. In the event such sign is not voluntarily removed, subsequent cost of removal by the Town will
be assessed against the property owner tax bill.
10. Sign limitations and setbacks
a. Each sign requires a separate permit. In the cases where more than one sign is attached to the
same support, each requires a separate permit and the sum total area of the individual signs
shall not exceed the requirement in 7-e of these regulations.
b.Signs shall not be placed in any highway right of way.
11. Changes in signs (altered signs)
In the event that a business or activity that a sign promotes changed, said sign will be considered a
new sign and thereafter shall comply with all requirements of this article.
12. No off site sign hereafter erected or established shall be within three hundred (300) feet of any other off
site sign, except that two signs erected in the shape of a “V” shall be permitted.
13.Signs shall be made in a professional manner. Sign support structure shall be adequate to support the
load of the sign of which it is supporting.
Article XI.
Required Setbacks Along Streams
No structure shall be constructed within 100 feet of the center line of Basic Creek and Greenville Creek. On
lots where structures exist at the time of the enactment of this Local Law, this setback requirement is reduced to 25
feet of the center line of Basic Creek and Greenville Creek. Greenville Creek is defined as that tributary of Basic
Creek that originates in the wetlands on the east side of NYS Route 32 just south of Wester/Greenville Town line,
flows south through the Greenville Hamlet, forming the pond at the intersection of NYS Route 32 and 81, flows west
of the water body know s Carolas’ Lake and joins the Basic Creek just north of County Route 35.
ARTICLE XVII.
DEFINITIONS
A. Use of words and terms
Except where specifically defined herein, all words used in this Law shall carry their customary meanings.
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes
the plural, and the plural the singular.
The “person” includes a profit or non-profit corporation, company, partnership or individual.
The word “lot” includes the word “plot,” “lot” and the word “land.”
The word “structure” includes the word “building.”
The word “used” refers to the actual fact that a lot or land, building or structure is being occupied or maintained for a particular
use. The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” and “occupied for.”
B. Definition of words and terms
ACCESS: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
ACCESSORY APARTMENT: A secondary dwelling unit established in conjunction with and clearly subordinate to a primary
dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.
ACCESSORY STRUCTURE: A structure detached from a principal building located on the same lot and customarily incidental
and subordinate to the principal building or use. The size of the structure shall be kept within the character of the area, in which
the structure is located. Also
ACCESSORY BUILDING
ACCESSORY USE: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use
of the land or building and located on the same lot with the principal use.
ACCESSORY USE, CUSTOMARY: An accessory use that is customary to a principal building including a private garage,
parking area or lot, patio, garden or storage shed, pools and ball courts.
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Town of Greenville Proposed 2013 Zoning Law
ADULT USE: A bookstore, video store, nightclub, movie theatre, retail store, or other establishment which prominently features
entertainment or materials with sexually explicit content. An establishment which sells such materials as an incidental part of its
business or
which presents such material or entertainment primarily as a form of legitimate artistic expression shall not be considered an
adult use. Adult Uses include the following entertainment businesses or sexually oriented business:
ADULT BOOK AND/OR VIDEO STORE: An establishment having as a substantial or significant portion (more than 25% of
merchandise in number, value or bulk and/or more than 10% floor area) of its stock in trade books, magazines, periodicals or
other printed or digital matter or photographs, films, videos, digitalized compact discs, slides or other visual representations,
which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments,
devices or paraphernalia which are designed for use in connection with specified sexual activities, which are for sale, rental or
viewing on or off the premises.
ADULT ENTERTAINMENT CABARET: A public or private establishment which regularly presents topless and/or bottomless
dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar
entertainment or films, motion pictures, digitalized compact discs or videos, slides or other photographic or digital material, or
which utilizes employees that as part of their employment, regularly expose patrons to specified sexual activities or specified
anatomical areas.
ADULT MOTION-PICTURE THEATER: Any motion-picture theater where, for any form of consideration, films, motion
pictures, digitalized compact discs or videocassettes, slides or other photographic or digital reproductions are shown, and in
which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium or similar establishment which, for any form of consideration regularly
features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENT: Any establishment having a fixed place of business where massages are administered for pay,
including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a
hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical
therapist, or duly licensed massage therapist, or barbershop or beauty salon, athletic club, health club, school, spa or similar
establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
AGRICULTURE: The commercial use of land and structures for the production, preservation, nonindustrial processing, storage
and sale of agricultural commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, honey, Christmas trees,
compost, poultry or dairy
products, not including agricultural industry or farms primarily for the disposal of all or garbage. Commercial horse boarding
operations, as defined herein, and the raising or breeding of horses are agricultural uses, distinguished from the business use of
teaching or training people to ride a horse. (See RIDING ACADEMY) A roadside stand not exceeding 800 square feet in
footprint area and a riding academy operated in conjunction with a farm operation (as defined herein) shall be deemed to be
agricultural accessory uses. Agricultural activities on residential parcels of less than 7 acres shall be considered a residential
accessory use unless such agricultural activity produces gross sales of $50,000 or more over a two year period.
ALTERATION: As applied to a building or structure, any change or rearrangement in the structural parts or in the exit facilities
or any enlargement, either by extending a side or by increasing in height, or the moving from one location or position to another.
Also
STRUCTURAL ALTERATION
AMENDMENT: A change to any portion of this Zoning Law which includes revisions to the zoning text and/or the official
zoning map; the authority for any amendment lies solely with the Town Council.
ANIMAL HUSBANDRY: A branch of agriculture for the raising or nurturing and management of animals, including breeding,
pasturing, ranching and sales of animals.
ANIMAL SHELTER: 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.
ANTENNA (See WIRELESS COMMUNICATION FACILITY): A structure or device utilized for the receiving and/or
transmitting of radio signals, not enclosed within a building or structure, and any form of satellite receiving dishes. It shall
specifically exclude customary VHF and UHF TV antennae and TV/Radio transmission towers licensed for public broadcast by
the FCC. Also SATELLITE DISH
AREA, BUILDING: The total area 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.
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Town of Greenville Proposed 2013 Zoning Law
AREA, FLOOR: The sum of the gross horizontal areas of the several floors of a building, including interior balconies,
mezzanines and basements, but excluding exterior balconies, unfinished basements and attics. All horizontal dimensions of each
"floor area" shall be measured by the exterior face of walls of each such floor, including the walls of roofed porches having more
than one wall. The "floor area" of a building shall include the floor area of accessory buildings on the same lot, measured the
same way.
ART GALLERY: An establishment engaged in the sale, loan, appraisal or display of art, books, paintings, sculpture or other
works of art.
ARTIST STUDIO: A workshop or workroom for the creation of fine art and crafts such as painting, sculpturing, photography, or
other handmade pieces of art. The space may include a residential unit and it may also include teaching area for small groups of
ten or less. Also
ARTIST LOFT
ASSEMBLY OR MEETING FACILITY: A structure for groups of people to gather for an event or regularly scheduled
program. Places of public assembly include but are not limited to concert halls, arenas, lecture halls, banquet facilities and similar
facilities. This definition excludes community centers, membership clubs or theaters.
BAR: 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
BASEMENT: A story partly below grade and having a portion of its clear floor-to-ceiling height above the average grade of the
adjoining ground.
BED AND BREAKFAST: An owner-occupied single dwelling unit in which at least one, but not more than 4, sleeping rooms
are provided by the owner-occupant as overnight/lodging facilities, with or without meals, for the accommodation of transient
guests.
BREW PUB: An eating and drinking establishment where beer is prepared on the premise exclusively for on-site consumption.
The brewing of such beer is accessory to the eating and drinking establishment.
BROADCASTING FACILITY, RADIO OR TELEVISION: Commercial and public communications uses including radio and
television broadcasting and receiving stations and studios, with facilities entirely within buildings.
BUFFER AREA: A strip of land, usually landscaped and open in area, intended to protect one type of land use from the other
that may be incompatible or separate and partially obstruct the view of 2 adjacent land uses or properties from one another. Also
SCREENING
BUILDABLE LAND: That portion of a lot which is suitable for building structures and locating septic disposal facilities, i.e. all
land excluding wetlands and watercourses, steep slopes and flood hazard areas as mapped on the Federal Emergency
Management Agency’s Insurance Rate Map.
BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of
any individual, animal, process, equipment, goods or materials of any kind.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished grade along the side of the
building fronting on the nearest street to the highest point of such building.
BUILDING, PRINCIPAL: A building in which the main or principal use of the lot on which said building is situated is
conducted.
CABIN: Any structure designed primarily for seasonal use.
CAFÉ: An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited
menu meals may also be sold.
CAMPGROUND: Parcel of land designed for temporary use of recreational travel vehicles, tents, campers, etc.
CAR WASH: A structure or building designed for the washing, waxing, cleaning or similar treatment of automobiles as its
principle function.
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Town of Greenville Proposed 2013 Zoning Law
CODE ENFORCEMENT OFFICER: The official building inspector for the Town of Germantown.
COLLEGE/UNIVERSITY: An institution other than a trade school that provides full-time or part-time education beyond high
school.
COMMON USE DRIVEWAY: A private deeded right-of-way which serves as the access to no more than 2 lots or parcels of
land.
COMMUNITY CENTER: A not-for-profit or publicly owned facility providing community facilities such as recreational
programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the
community.
COMPREHENSIVE PLAN: The Comprehensive Plan adopted by the Town Council for the future preservation and
development of the Town of Germantown pursuant to Section 272-a of the New York State Town Law, including a part of such
plan separately adopted and any update or amendment to such plan.
CONDOMINIUM: A building or groups of buildings in which dwelling units are owned individually, and the owners own the
structure, common areas, and facilities jointly.
CONVENIENCE STORE: Any retail establishment containing less than 5,000 square feet offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for offsite consumption.
CULTURAL FACILITY: 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.
DAY CARE, ADULT: 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 3 but less than 12 hours on any given day.
DAY CARE, FAMILY/CHILD: A program or facility caring for children. Said care shall be provided for a period of time of
more than 3 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 including providing child day care or operating a facility where child day care is provided
as defined in Section 390 of the New York State Social Services Law.
DENSITY: The lot area per dwelling unit required in the zoning district regulations.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to construction or
alteration of buildings or other structures, as well as clear-cutting mining, dredging, filling, paving, excavations, or drilling
operations.
DRIVE-THROUGH FACILITY: 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. A drive-through facility is
considered an accessory use. An automobile service station is not considered a drive-through facility for purposes of this Law.
DRIVEWAY: A private way providing vehicular access from a public or private road to a single lot, facility or establishment.
DWELLING: A building arranged, intended or designed to be occupied by one or more families living independently of each
other upon the premises.
DWELLING, MULTI-FAMILY: A building containing separate living units for 3 or more families, including apartment
buildings, rowhouses, townhouses, regardless of the form of ownership (condominium, fee simple, rental).
DWELLING, SINGLE-FAMILY: A freestanding residential dwelling designed for and occupied by one household only.
DWELLING, TWO-FAMILY: A building containing separate living units for 2 families, including regardless of the form of
ownership (condominium, fee simple, rental). For purposes of this Law, a townhouse is not considered a two-family dwelling and
is a separate use.
DWELLING UNIT: A building, or portion thereof, which provides complete housekeeping facilities for one (1) family.
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Town of Greenville Proposed 2013 Zoning Law
ELDER COTTAGE HOUSING OPPORTUNITY (ECHO UNIT): A modular cottage licensed by the Planning Board for
temporary installation of a single-family residential premises, designed to be occupied by one or 2 people who will benefit from
living in close proximity to the principal residents of the premises.
ENTERTAINMENT AND RECREATION FACILITY, COMMERCIAL: Any establishment that is operated, maintained, or
devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility.
Entertainment facilities shall include, but not be limited to, theaters, bowling alleys, movie theaters, dance halls or clubs, video
arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include adult entertainment
businesses, taverns, pubs, golf courses, or parks.
EXTRACTION, PRIVATE: Any extraction from the land of sand, gravel, or topsoil by the owner of the land, or any extraction
for the purpose of sale of less than 750 cubic yards of said materials in any one-year period.
FAMILY: One or more persons living together as a single nonprofit housekeeping unit, using all rooms and housekeeping
facilities of a dwelling unit in common and doing their cooking on the premises, as distinguished from a group occupying a
boardinghouse or rooming house.
FARM WORKER HOUSING, TEMPORARY: A dwelling located on a farm for the purpose of housing seasonal employees of
that farm operation and his/her family in connection with an orchard or other agricultural use which relies on seasonal employees
who must be housed.
FENCE: Any artificially constructed barrier constructed of any material or combination of materials erected to enclose or screen
areas of land from view.
FUNERAL HOME: A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation
and funeral services. Such facilities shall not include crematoriums.
GARAGE: A building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles.
GARAGE, MOTOR VEHICLE REPAIR: A building used for adjustment, painting, replacement of parts or other repair of
motor vehicles whether or not accessory or incidental to another use.
GARAGE, PARKING: A building used for the commercial storage of automobiles or trucks and not used for making repairs.
GASOLINE STATION: Any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories,
where repair service, if any, is incidental. A gas station may include the sale of propane or kerosene as accessory uses.
GIFT SHOP: A retail store where items such as art, antiques, jewelry, books and notions are sold.
GOLF COURSE: A tract of land for playing golf for a fee, improved with tees, greens and fairways and which may include
clubhouses, pro shops, food and beverage service and shelters.
GOLF COURSE, MINIATURE: Any parcel of land that is used for the game of golf played at a much decreased scale and
commonly referred to as "miniature golf."
GREENHOUSE: A building whose roof and sides are made largely of glass or other transparent or translucent material and in
which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or
for personal enjoyment. Also NURSERY
GROSS FLOOR AREA: The aggregate floor area of an entire building or structure enclosed by an including the surrounding
exterior walls.
HAZARDOUS MATERIAL: Includes any of the following:
Petroleum
Any substance or combination of substances designated as a hazardous substance under Section 311 of the Federal Water
Pollution Control Act (33 USC 1321)
Any substance listed by the New York State Department of Environmental Conservation which, because of its quantity,
concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly stored or otherwise managed.
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Town of Greenville Proposed 2013 Zoning Law
HAZARDOUS WASTE: All materials or chemicals listed as hazardous wastes pursuant to Article 27 of the New York State
Environmental Conservation Law (ECL), and all toxic pollutants as defined in subdivision 19 of Section 17-0105 of the ECL.
HOME OCCUPATION: An occupation carried on in a dwelling unit or accessory structure by the resident thereof; provided
that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and which
does not alter the exterior of the property or affect the residential character of the neighborhood.
HORSE BOARDING, COMMERCIAL: An enterprise that boards at least 10 horses, regardless of ownership, and receives
$10,000 or more in gross receipts annually from fees generated either through the boarding of horses. Under no circumstances
shall this subdivision be construed to include operations whose primary purpose is horse racing.
HOSPITAL: An institution for the care and treatment of the sick and injured, equipped with technical facilities, medical, nursing
and other professional and technical personnel necessary for
diagnosis and treatment of persons suffering from sickness or injury who require bed care, outpatient care or emergency room
care.
HOTEL: A facility offering transient lodging accommodations on a daily rate to the general public. It may provide additional
services such as restaurants, meeting rooms, and recreational facilities. Also INN
IMPERVIOUS SURFACE: 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.
IMPERVIOUS SURFACE COVERAGE: The percentage of the area of a lot that is covered by impervious surface.
INDUSTRY, HEAVY: Manufacturing or other enterprises with significant external effects, or which pose significant risks due to
the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the
manufacturing or other process.
INDUSTRY, LIGHT: A use which involves the fabrication, reshaping, reworking, assembly, or combination of products,
including processing, packaging, incidental storage, sales and distribution of such products, but is exclusive of uses that require
offensive, noisy, or otherwise objectionable disturbances, such as vibration, dust, and odors. Light Industry does not include from
raw materials, such as but not limited to: asphalt, cement, charcoal, fuel briquettes, chemicals and related products which may be
dangerous, offensive, or create nuisances; and processes, whether or not related to such production including but not limited to
nitrating, milling, reduction, refining, melting, alloying and distillation.
INSTITUTION: A non-profit, religious or public use, such as a church, library, public and private school, hospital, or
government owned or operated building, structure or land used for public purpose.
JUNK YARD: A lot, land, structure or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or
discarded material; or the collecting, dismantling, storage, salvaging or sale of parts or machinery or vehicles not in running
condition. A deposit, collection or storage on a lot of 2 or more vehicles no longer in condition for legal use on public highways,
i.e. registered and inspected, for one month or more in a residential district or 3 months or more in a non-residential district, shall
constitute a motor vehicle junk yard.
KENNEL: A commercial establishment in which more than 4 dogs, cats or other domesticated animals are housed, groomed,
bred, boarded, trained, or sold, all for a fee or compensation.
LOT: A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or
future, of transfer of ownership, or possession, or for building development.
LOT AREA: The total horizontal area included within lot lines. LOT, CORNER: A lot at the junction of and fronting on 2 or
more intersecting streets. LOT COVERAGE: The percentage of the lot area covered by a building or buildings. LOT, FLAG:
A lot with 2 distinct parts:
The flag, which is the only building site and is located behind another lot.
The pole, which connects the flag to the street, provides the only street frontage for the lot and at any point is less than the
minimum lot width for the zone.
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Town of Greenville Proposed 2013 Zoning Law
Flag Lot LOT FRONTAGE: A lot line, which is coincident with a street line.
LOT LINES: Any line dividing one lot from another lot or from a street.
LOT OF RECORD: Any lot which has been established as such by plat, survey record, or deed prior to the date of this Law as
shown on the records in the Office of the County Clerk.
LOT, THROUGH: A lot which faces on 2 streets at opposites ends of the lot, which is not a corner lot.
LOT WIDTH: The distance between side lot lines measured at right angles to the lot depth at a point from the front lot line equal
to the front yard specified for the district.
LUMBERYARD: A lot with or without a building or structure utilized for the storage of building and construction materials and
equipment for sale to the public, which may include a drive-through facility.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built with a trailer hitch and a
permanent chassis and wheels and designed to be used as a dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Also
MOBILE HOME
MANUFACTURED HOME PARK: A plot or tract of land separated into 2 or more spaces or lots, which are rented or leased or
offered for rent or lease to persons for the installation of manufactured homes for use and occupancy as residences.
MANUFACTURED HOME SITE: A plot of land within a manufactured home park that is designated for and designated as the
location for only one manufactured home and customary accessory uses.
MEMBERSHIP CLUB: The premises and buildings used by an organization catering exclusively to members and their guests,
or 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 for the membership and purposes
of such club.
MIXED USE: The development of a lot, building, or structure with a variety of complementary and integrated uses, such as, but
not limited to, residential, office, retail, service, public or entertainment.
MODULAR HOME: A factory fabricated, Uniform Building Code approved transportable building unit, designed to be used by
itself or to be incorporated with similar units at a building site, into a modular structure and placed on a permanent foundation.
Modular homes shall bear the Uniform Building Code certification as factory-manufactured dwellings. For purposes of this Law
a modular home is a single family home.
MOTEL: 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.
MOTORIZED VEHICLE SALES, LEASE AND/OR RENTAL: The use of a building, land area, or other premises or portion
thereof, for the display, sale, rental or lease of motorized vehicles including but not limited to automobiles, boats, motorcycles,
recreational travel vehicles (RVs), including any warranty repair work and other repair service conducted as an accessory use.
MUNICIPAL FACILITIES: Basic uses and services usually furnished by local government but which also may be provided by
private enterprise, essential to the support of the community including municipal offices and buildings, emergency services such
as ambulance and fire protection, water supply and sewage treatment facilities. This definition does not include community
centers, public utilities or public transportation shelters.
NONCONFORMING LOT: A lot of record which does not comply with the area, shape, frontage, or locational provisions of
this Law for the district in which it is located.
NONCONFORMING STRUCTURE: A building or structure that was lawfully erected prior to the adoption or amendment of
the Town of Germantown’s Zoning and Subdivision Law but that no longer complies with all regulations applicable to the zoning
district in which the structure is located.
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Town of Greenville Proposed 2013 Zoning Law
NONCONFORMING USE: A use or activity which lawfully existed prior to the adoption or amendment of the Town of
Germantown’s Zoning Law but fails by reason of such adoption or amendment to conform to the present use requirements of the
district in which it is located.
OFFICE: A building or portion thereof used primarily for conducting the affairs of a business, profession, service, industry or
government and generally furnished with desks, tables, files and communication equipment. No manufacturing processes, retail
sales, construction, or warehousing occur on the premises.
OFFICIAL NEWSPAPER: The newspaper or newspapers designated by the Town for the publication of official notices of
meetings and public hearings.
OUTDOOR WOOD BOILER: A fuel burning device that (a) is designed to burn wood or other fuels; (b) is specified by the
manufacturer for outdoor installation or installation in structures not normally occupied by humans; and (c) is 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.
PARK, PUBLIC: Land that is publicly owned or controlled for the purpose of providing parks, recreation or open space for
public use.
PARKING GARAGE: See GARAGE, PARKING
PARKING LOT: An off-street, ground-level open area for the temporary storage of motor vehicles. Does not include an area
used exclusively for the display of motor vehicles for sale as part of a motor vehicle sales establishment.
PARKING, SHARED: Two or more land uses or a multi-tenant building that merge parking needs based on different operating
hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result
in a superior grouping of building(s).
PARKING SPACE: A stall or berth which is arranged and intended for parking one (1) motor vehicle in a garage or parking lot.
PEFORMANCE BOND: A performance bond duly issued by a bonding or surety company approved by the Town Council with
security acceptable to the Town Council, or a performance
bond duly issued by the developer-obligor accompanied by security in the form of cash, certified check or United States
Government bearer bonds deposited with the Town Council in the full amount of the obligation.
PLAT: A map representing a tract of land showing the boundaries and location of individual properties and streets prepared by a
licensed land surveyor and a licensed professional engineer, registered architect or licensed landscape architect, which shall have
his/her New York State seal affixed thereon and on which the subdivider's plan of subdivision is presented to the Planning Board
for approval and which, if approved, will be submitted to the County Clerk for recording.
PRIME FARMLAND SOILS: Prime farmland soils, as defined by the U.S. Department of Agriculture, are soils that are best
suited for producing food, feed, forage, fiber, and oilseed crops.
RECREATION AND RECREATION FACILITY, PUBLIC: Recreation facility operated as a nonprofit enterprise by the
Town of Germantown, any other governmental entity or any nonprofit organization and open to the general public.
RECREATIONAL VEHICLE (RV): Any portable vehicle or structure which is designed to be self propelled or permanently
towable on its own wheels; which is designed and intended to be used for temporary living quarters for travel, recreational or
vacation purposes.
RELIGIOUS INSITUTION: An institution that people regularly attend to participate in or hold religious services, meetings,
and other activities. This definition also includes the terms PLACE OF RELIGIOUS WORSHIP, HOUSE OF WORSHIP,
CHURCH, TEMPLE, and MOSQUE.
RESEARCH AND DEVELOPMENT FACILITY: A building for experimentation in pure or applied research design,
development and production of prototype machines or devices or of a new product, and uses accessory thereto, excluding
biological laboratories.
RESIDENTIAL CARE FACILITY: 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.
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Town of Greenville Proposed 2013 Zoning Law
RESTAURANT: A business establishment whose principal business is the selling of prepared food and beverages to the
customer in a ready-to-consume state. The term restaurant includes sit down restaurants and take-out restaurants.
RETAIL SALES AND SERVICE: A building or portion thereof engaged in selling goods, services or merchandise to the
general public for personal and household consumption and rendering services incidental to the sale of such goods. This
definition shall not include retail and service establishments listed separately in Schedule A: Use Regulations of this Law.
RIDING ACADEMY: 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.
RIGHT-OF-WAY: Property that is publicly owned or upon which a governmental entity has an expressed or implied property
interest (e.g. fee title or easement) held for a public purpose. Examples of such public purpose include, by way of example and
not by limitation, a highway, a street, sidewalks, drainage facilities, a crosswalk, a railroad, a road, an electric transmission line,
an oil or gas pipeline, a water main, a sanitary or storm sewer main, shade trees or for any other special use. The usage of the
term “right-of-way” for subdivision platting purposes means that every right-of-way established and shown on a final plat is
separate and distinct from the lots or parcels adjoining the right-of-way, and is not included, within the dimensions or areas of
such lots or parcels. Rights-of-way involving maintenance by a public agency are dedicated to public use by the maker of the plat
on which the right-of-way is established.
ROADSIDE STAND: A direct marketing operation offering outdoor shopping. Such an operation is seasonal in nature and
features farm produced as well as locally produced agricultural products, enhanced agricultural products and handmade crafts.
SAW MILL: A facility where logs are sawn, split, shaved, stripped, chipped, or otherwise processed to produce wood products,
not including the processing of timber for use on the same lot by the owner or resident of that lot. A saw mill may include the
accessory sale of wood products from the same lot.
SCHOOL, PRIVATE: A private facility furnishing comprehensive curriculum of academic instruction similar to that of a public
school on the, pre-kindergarten, kindergarten, primary and/or secondary level.
SCHOOL, PUBLIC: Any place offering instruction in any branch of knowledge under the supervision of the State of New York.
SELF STORAGE FACILITY: A building or group of buildings consisting of individual, self-contained units leased to
individuals, organizations, or businesses for self-service storage of personal property.
SETBACK: The minimum horizontal distance between the streets, rear or side lines of the lot and the front, rear or side lines on
the building. When 2 or more lots under single ownership are used, the exterior property lines so grouped shall be used in
determining offsets.
SHED: Any accessory structure used for storage or containment.
SIGN: Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity or to communicate information of any kind to the public.
SMALL ENGINE REPAIR SERVICES: The maintenance and repair of low-power internal combustion engines (gasoline/
petrol) or electric engines. Equipment repaired includes chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers,
wood chippers, go-karts and sometimes more powerful engines used in outboard motors, snowmobiles and motorcycles.
SOLAR ENERGY SYSTEM: A solar collector or other device or structural design feature of a structure that relies upon
sunshine as an energy source and is capable of collecting, distributing,
and storing (if appropriate to the technology) the sun’s radiant energy for a beneficial use.
SPECIAL USE PERMIT: A special use permit is an allowed use in a district, which because of its unique characteristics
requires individual consideration in each case by the Planning Board, before it may be permitted.
SPORTSMAN’S CLUB & OUTDOOR SHOOTING RANGES: Establishments primarily engaged in providing opportunities
for hunting, fishing, skeet, trap, target shooting and other shooting sports.
STABLE: Any building or group of buildings with a sole function of the storage and/or raising of horses.
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Town of Greenville Proposed 2013 Zoning Law
STEEP SLOPES: Surface formation with a vertical incline greater than 22.5 degrees or 25 percent, a sufficient steepness to
cause problems such as erosion or increased flooding when disturbed for land development or other purposes.
STORAGE, OUTDOOR: Land used for the legal keeping of goods, wares, equipment or supplies outside of a structure as
provided in the Town of Germantown Junk Storage Law.
STREET: A public or private way, which affords the principal means of access to abutting properties, including any highway.
STREET GRADE: The officially established grade of the street upon which a lot fronts; or, if there is no officially established
grade, the existing grade of the street shall be taken as the street grade.
STREET LINE: The dividing line between a lot and a street right-of-way.
STRUCTURE: Anything constructed or erected on or under the ground or upon another structure or building.
SUBDIVISION: The division of any parcel of land into 2 or more lots, blocks or sites, with or without streets or highways and
includes re-subdivision.
THEATER: A building or part of a building devoted to the presentation of theatrical or other entertainment performances
including the showing of motion pictures on a paid admission basis.
THEATER, DRIVE-IN: An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid
admission basis to patrons seated in automobiles.
TOWNHOUSE: A building on its own separate lot containing one dwelling unit that occupies space from the ground to the roof,
and is attached to one or more other townhouse dwelling units by at least one common wall.
USE: 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.
USE, PERMITTED: A specific principal use of a building, structure, lot or land which this Law provides for in a particular
district as a matter of right. Also PERMITTED USE
USE, PRINCIPAL: The main or primary purpose of which a building, structure and/or lot is designed, arranged or intended, or
for which they may be used, occupied or maintained under this code. The use of any other building, other structure and/or land on
the same lot and incidental or supplementary thereto and permitted under this code shall be considered an accessory use.
USE, PROHIBITED: A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted use or a use
requiring a special permit.
VARIANCE, AREA: The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by
the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USE: The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall be deemed to require
a use variance if such increase is not allowed by right or by Special Permit.
VETERINARY HOSPITAL: Any structure where animals or pets are given medical or surgical treatment, including short-term
boarding of animals when boarding is for the purpose of monitoring recovery, but not including boarding or kenneling. Also
ANIMAL HOSPITAL
VIEWSHED: An area that is visible from a public roadway or public trail which encompasses natural landforms such as valleys,
ridges, farm lands and open spaces which may have inherent rural qualities and/or aesthetic values as determined by those who
view it.
VOCATIONAL AND BUSINESS SCHOOL: A school established to provide for the teaching of industrial, clerical,
managerial, or artistic skills.
WALL: A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure or for
the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
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Town of Greenville Proposed 2013 Zoning Law
WAREHOUSE: A facility characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or
nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
WHOLESALE AND DISTRIBUTION: An establishment primarily engaged in selling and/or distributing merchandise to
retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers.
WIND ENERGY SYSTEM, SINGLE COMMERCIAL. A single wind turbine, producing greater than 100 kilowatts of rated
capacity.
WIND ENERGY SYSTEM, SMALL: A wind energy conversion system consisting of a wind turbine, a tower, and associated
control or conversion electronics, or similar technology, which has a rated capacity of not more than 100 kW and which is
intended to primarily reduce on-site consumption of utility power.
WIRELESS COMMUNICATION TOWER: A structure on which one or more antenna will be located, that is intended for
transmitting and/or a combination thereof receiving radio, television, telephone, wireless or microwave communications for an
FCC licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or
exclusively for private radio and television reception and private citizen’s bands, amateur radio
and other similar private, residential communications.
YARD: An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground
upward, except as otherwise provided in this Law.
YARD, FRONT: An open, unoccupied space on the same lot with the building, between the front line of the building and the
street or highway line, and extending the full width of the lot.
YARD, REAR: An open, unoccupied space, except for accessory buildings, on the same lot with the building between the rear
line of the building and the rear lot line and extending the full width of the lot.
YARD, SIDE: An open unoccupied space on the same lot with the building, situated between the building and the side lot line,
and extending from the front yard to the rear yard.
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