As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTUREA. A detached building or structure which:
(1) Is customarily incidental and subordinate to, and serves a principal building;
(2) Is subordinate in area, extent or purpose to the principal building served;
(3) Contributes to the comfort, convenience or necessity of occupants of the principal building use; and
(4) Is located on the same parcel as the principal building.
B. This definition shall include private garages.
ACCESSORY USEA use incidental and subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOKSTOREAny business enterprise having as a substantial portion of its stock-in-trade books, magazines, pamphlets, pictures, drawings, photographs, and audio/visual material of any kind, which are characterized by their emphasis on the description or depiction of areas of the anatomy customarily associated with sexual activities; or any business enterprise having a substantial area of its establishment devoted to the sale, rental and display of such material.
ADULT ENTERTAINMENT ESTABLISHMENTAny business enterprise having as a substantial portion of its activity the presentation of live shows, motion-picture films or sound recordings, or similar visual or audio material, which are characterized by their emphasis on the description or depiction of areas of the anatomy customarily associated with sexual activities; or any business enterprise serving food and beer, wine or liquor whose entertainers or waiters and waitresses appear in a state that displays areas of the anatomy customarily associated with sexual activities; or any business enterprise that offers services requiring the client or customer to display said anatomical areas, except medical and health services establishments.
AGRICULTURE (FARMING)The use of land for agricultural production purposes including, but not limited to tilling of the soil, dairying, pasturage, animal and poultry husbandry, apiculture, arboriculture, horticulture, floriculture, viticulture, and accessory uses for packing or storing of products, provided that the operation of any such accessory uses shall be secondary to that of the principal agricultural production activities.
AIRPORTAny area of land designed for the operation of general aviation aircraft, including hangars for storage and servicing, taxiways, landing strips and accessory uses.
AIRSTRIP, PRIVATEAn airport, as defined above, used solely for the benefit of the landowner and for emergency landing when necessary.
ALTERATIONS As applied to a building or structure:
A. The change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities;
B. An enlargement of a building or structure, whether by extending on a side or by increasing in height;
C. The moving from one location or position to another; and
D. Any alteration whereby a structure is adapted to another or different use, including any separation into rooms or spaces by the installation of nonbearing partitions.
ALTERNATIVE ENERGY SYSTEMSStructures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure. Current examples include windmills, solar collectors and solar greenhouses, heat pumps, or other related devices. For the purposes of this chapter, this definition shall apply to individual residences and businesses. Commercial generating plants are excluded.
ANIMAL HOSPITALA place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
ANTENNAA structure or mount supporting a system of wires, rods, discs, dish, horns, or similar devices used for the transmission and/or reception of electromagnetic waves.
APARTMENTA dwelling unit that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boarding house or travel trailer.
APARTMENT BUILDINGA building arranged, intended or designed to provide three or more dwelling units independent of each other, but which may have common hallways and entrances. Such dwelling units may be offered as rental units or as condominiums.
AUTOMOBILE OR MANUFACTURED HOME SALESAn open area, other than a street, used for the display, sale, lease or rental of new or used motor vehicles or manufactured homes in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION OR FILLING STATIONA building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail, or where minor repair service and vehicle state inspections may be rendered.
AUTOMOBILE WRECKINGThe dismantling or disassembling of used motor vehicles or manufactured homes; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENTThat space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of grounds adjoining the building.
BED-AND-BREAKFAST ESTABLISHMENTA single-family dwelling where overnight lodging, with or without the service of meals, is offered to transient guests for compensation. Such use shall be clearly incidental and secondary to the principal use of the dwelling. This term includes hostels and tourist homes but does not include hotels, tourist courts, motor lodges, tourist cabins or similar terms.
BUFFER AREAA continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.
BUILDINGAny structure which is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals, or property.
BUILDING CODEThe New York State Uniform Fire Prevention and Building Code.
BUILDING COVERAGE, PERCENT OFThe percent of building coverage of any lot shall be equal to 100 times the ratio of the gross horizontal area of all principal and accessory buildings that have roofs on them (including covered breezeways, covered porches, covered cantilevered structures, etc.) measured from the exterior faces of the exterior walls but shall not include any structure (such as a patio or deck) that does not have a roof, divided by the horizontal area of the lot.
BUILDING GROUPAny building, such as a store group, which is divided into separate parts by one or more unpierced walls, extending from the ground up.
BUILDING HEIGHTThe vertical distance measured, in the case of a building with a flat roof, from the curb level to the level of the highest point of the roof beams, and in the case of a building with a pitched roof, from the curb level halfway between the top of the plate and the ridge, but not including chimneys, spires, mechanical penthouses, towers, tanks, and similar projections.
BUILDING LINEA line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves. All yard and setback requirements are measured to the building lines.
BUILDING PERMITA written permit issued by the Code Enforcement Officer authorizing construction in compliance with the Building Code.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESSIncludes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance, commodity, or service, tangible or intangible, and includes offices, recreational and amusement enterprises and any operation where the above-described activities are conducted in return for remuneration of any type. For the purpose of this chapter, "business" shall have the same meaning as "commercial," and reference to commercial districts or zones shall be interpreted as referring to business districts.
CAMPGROUNDA parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes and the motor vehicles propelling or carrying the same, but excluding mobile homes designed for year-round occupancy or as a place of residence.
CARPORTA roofed structure without enclosing walls, used for the storage of one or more motor vehicles.
CAR WASHA structure or building designed for the washing, waxing, or similar treatment of automotive vehicles as its principal function. An automobile service station or filling station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the automobile service station or filling station.
CERTIFICATE OF COMPLIANCEA certificate issued by the Code Enforcement Officer stating that a structure or the use thereof is in compliance with this chapter.
CERTIFICATE OF OCCUPANCYA certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building which authorizes the use and habitation of the structure in compliance with all of the requirements of the Building Code.
CHURCHAny structure used for worship or religious instruction including social and administrative rooms accessory thereto.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
CLUBAny organization catering to members and their guests, or a building or premises used for recreational, general, social, or athletic purposes not open to the general public. Clubs shall not be conducted primarily for gain, and vending stands, merchandising, or commercial activities shall not be conducted except as required for membership and purposes of such club. For the purpose of this chapter, this term shall include religious organizations, lodges, fraternal organizations, mutual benefit societies, and other similar organizations.
CLUSTER DEVELOPMENTA development of residential lots, some of which may contain less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.
CODE ENFORCEMENT OFFICERThe official designated to administer and enforce this chapter by granting or denying zoning permits in accordance with its provisions.
COMMON AREASpace reserved for use by any and all residents of a housing development including, but not limited to, halls, stairways and landings in apartment buildings, or open space or recreation areas in condominium or townhouse developments.
COMPREHENSIVE PLANThe Comprehensive Plan is the plan, prepared and adopted by the Town Board, which indicates the general locations recommended for various functional classes of public works, places and structures and for the general physical development of the Town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein. The term "Comprehensive Plan" shall also include the Town Zoning Ordinance and other policy documents and regulations adopted by the Town.
CONDOMINIUMAn ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land and facilities (common elements), is owned in common by all homeowners in the development. The owner has title to the interior individual dwelling and a shared interest in the common elements.
DAY-CARE CENTERA place other than an occupied residence which provides day care of children; or, an occupied residence which provides group care for seven or more children away from their own homes.
DAY CARE, CHILDCare provided for three or more children away from their own home for more than three hours but less than 24 hours per day per child, which care is provided with or without compensation or payment.
DEVELOPMENTAny change made to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
DOCKA structure designed to provide access from the shore to a water body for swimming, boating or other recreational use.
DRIVE-IN BUSINESSA business providing service or delivery of goods to persons in a vehicle, the vehicle being driven to a position designed to provide that service or goods from inside a building. This term shall include drive-in outdoor theaters, drive-in banking, drive-in photo processing, fast food establishments, auto washing facilities, refreshment stands, and similar uses. This term shall not include retail fuel outlets or filling stations.
DRIVEWAYA roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.
DWELLINGAny building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons. Structures which do not have permanent or approved sanitary facilities shall not be considered a residential dwelling.
A. SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
B. TWO-FAMILYA detached building containing two dwelling units, designed for occupancy by not more than two families. A duplex is a two-family dwelling which is designed with a common wall.
C. MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided. This definition includes apartment buildings.
D. SEASONAL DWELLINGA dwelling unit intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including hunting cabins, vacation cottages, summer cottages, and vacation lodges.
DWELLING UNITOne room or rooms connected together for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities, designed for occupancy by one family.
EASEMENTA specified (limited) use of private land for a public or quasi-public purpose, authorized by a legal easement document.
ENVIRONMENTAL ASSESSMENT FORM (EAF)The form required by Town boards or agencies to assess the potential environmental impacts of a proposed action and to determine the environmental significance of a proposal.
ENVIRONMENTAL IMPACT STATEMENTA written document, prepared in accordance with State Environmental Quality Review Act (SEQR) regulations, which documents the potential environmental impacts of a proposed action and alternative actions.
ESSENTIAL SERVICESErection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities, or public receiving and retransmission of communications signals.
EXCAVATION (quarry, sand pit, gravel pit)A lot or land or part thereof used for the purposes of extracting stone, sand, or gravel for sale, as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning and building permit.
FAMILYOne or more persons, usually but not necessarily related by blood, marriage or adoption, living together as a single, not-for-profit housekeeping unit.
FARMAny parcel of land which is worked for gain in the growing of agricultural products or the raising of animals (See AGRICULTURE). It includes necessary farm structures within the prescribed limitations and the storage of equipment used. It excludes riding academies and livery or boarding stables and kennels.
FARM BUILDINGAny building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm as defined by this article.
FARM LABOR CAMPAny structure or combination of structures, building or buildings in which people are housed on a farmer's own land who are employed in the individual farmer's personal farming operation, on that farmer's land or land that he has under his control by a valid and existing lease.
FARM MARKETRetail outlet consisting of permanent structure(s) for the display and sale of agricultural and nursery products grown principally by the operator.
FENCEA structure of wood, masonry, wire mesh or other material, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FLOOR AREAFor the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting rooms or alteration rooms.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the inside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, gross floor area shall not include areas used principally for nonpublic purposes such as storage, rest rooms, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLEThe sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. A floor used only for storage purposes is not a habitable floor. All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FRONTAGEAll of the property abutting one side of a road, street, or thoroughfare, measured along the road, street or thoroughfare line.
GARAGE, PRIVATEA building which provides for the storage of motor vehicles, boats, equipment, materials or other tangible personal property owned solely by the parcel owner of record of the lot upon which it is erected. No provision shall be granted for the operation of motor vehicle repair shops. No provision shall be granted for providing rental to the public of any portion of the structure for storage.
[Amended 10-27-2014 by L.L. No. 1-2014]
GARAGE, PUBLICAny garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, recreational vehicles, boats and other tangible personal property.
HOME BUSINESSA commercial or industrial use conducted within or on the same lot as an occupied single-family dwelling by the inhabitants thereof, involving the manufacture, provision, or sale of goods and services on the premises.
HOME OCCUPATIONAny occupation or profession customarily conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation shall not be interpreted to include the following: commercial stables and kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles.
HOUSEHOLDERAn individual who resides in a dwelling unit and who owns, rents or otherwise has legal possession of such unit.
JUNKYARDA lot, land or structure or part thereof used for the collection, storage, disassembly, packing, sorting, salvage, buying, selling or exchange of waste paper, rags, scrap, or discarded materials or machinery, or parts of any sort. More than two abandoned, unregistered, disabled, dismantled, or partly dismantled vehicles, or pieces of equipment, allowed to remain unhoused on a premises for a period of more than 30 days shall constitute a junkyard. Also, the unhoused storage, sale, or abandonment of wastepaper, rags, scrap metal, discarded materials, or the collecting, dismantling, storage, salvaging or abandonment of machinery, appliances or vehicles not in operating condition shall constitute a junkyard. Automobile junk yards as defined in General Municipal Law §
136 shall be included within this definition.
KENNELAny lot or premises on which four or more domestic animals more than six months of age are housed, groomed, bred, boarded, trained, or sold, for compensation of any kind.
LOADING SPACE, OFF-STREETSpace logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
LOTA parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by a common interest or use, and the customary accessory uses and open space belonging to same.
A. LOT, CORNERA parcel of land at the junction of, and fronting on two or more intersecting street, roads, or thoroughfares.
B. LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets, roads, or thoroughfares.
LOT AREAThe square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.
LOT DEPTHThe mean distance from the center line of the street to the rear lot line measured in the general direction of the side lines of the lot.
LOT FRONTAGEThe linear distance along a lot line which adjoins the road or highway which provides access to the lot.
LOT LINE The property lines bounding the lot:
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORDA lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
MANUFACTURED HOMEA factory-manufactured home, built on a permanent steel-framed chassis in accordance with federal HUD standards and designed to be transported to a site in one or more sections, which is intended to be used as permanent living quarters by a single family unit when connected to the required plumbing, heating and electrical utilities. For the purposes of this chapter, the removal of transport wheels and/or the anchoring of the home to a permanent foundation shall not remove it from this definition. This term shall include double-wide manufactured homes.
MANUFACTURED HOME PARKAny site, lot, field, plot, parcel or tract of land on which two or more manufactured homes are parked or located and are occupied or intended for occupancy on the premises, and for which either the said premises or manufactured homes are offered to the public for a fee of any type, including cost sharing. This includes the rental of the said premises and/or the manufactured homes.
MININGThe use of an area of land to remove minerals, metals or other items of value from the ground for a profit, including gas and oil wells. (See also EXCAVATION.)
MODULAR HOMEA factory-manufactured home having no permanent support frame and designed to be transported to a site in one or more sections for erection, construction, or installation as a permanent structure. Modular homes shall be affixed to a permanent site-built foundation and shall meet the requirements of the New York State Uniform Fire Prevention and Building Code. For the purposes of this chapter, modular homes shall be regulated as a dwelling.
MOTELA building or group of buildings, whether detached or in connected units, containing sleeping units or lodging facilities for transient guests. Accessory facilities such as restaurants, meeting rooms, retail business activities and other similar services, which solely accommodate the motel patrons and not the general public, are allowed. The term "motel" includes buildings designated as auto cabins, auto courts, motor lodges, tourist courts, hotels and similar terms.
MOTOR VEHICLEAny vehicle designed to be propelled or drawn by power other than muscle power, except electrically driven wheelchairs being operated or driven by an invalid. This term shall include automobiles, trucks, buses, motorcycles, tractor-trailers, boats, motorhomes, snowmobiles, all-terrain vehicles and garden and lawn tractors.
MOTOR VEHICLE REPAIR SHOPA building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles for compensation.
NONCONFORMING BUILDING OR STRUCTUREA building or structure legally existing at the time of enactment of this chapter or any amendment thereto, and which does not conform to the area or dimensional regulations of the district or zone in which it is situated.
NONCONFORMING LOTA lot of record existing at the date of the enactment of the chapter which does not have the minimum width, depth or area for the district in which it is located.
NONCONFORMING USEAny use of land, buildings or structures, legally existing at the time of enactment of this chapter, which does not legally conform to the regulations of the district or zone in which it is located.
OFFICE BUILDINGA building in which office use comprises more than 50% of the total floor area. This does not include home occupations, where offices are a secondary or incidental use.
OPEN SPACEArea unoccupied by any building, structure or parking area, whether paved or unpaved.
OPEN STORAGEAn unenclosed area used for temporary or seasonal storage of vehicles, materials, building supplies, stock, or supplies for later use in conjunction with a permitted principal use, accessory use, or special permitted use.
PARKING, OFF-STREETAn off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.
PARKING SPACESpace available for the parking of one motor vehicle and having an area of not less than 180 square feet (nine feet by 20 feet), exclusive of passageways and driveways providing access thereto.
PERMANENTA use or structure intended to be lasting, not temporary, whether or not it is affixed to the earth.
[Added 8-11-2003 by L.L. No. 4-2003]
PERMITTED USEA use listed in the Zoning District regulations of this chapter as permitted.
PINBALL OR VIDEO GAME ARCADEAny indoor place or enclosure in which are maintained or operated, for the amusement, patronage, or recreation of the public, three or more coin-controlled amusement devices, including the types commonly known as "pinball," "video games," and "foosball."
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which said building is located.
PRINCIPAL USEThe main or primary purpose for which a building, structure or lot is to be used.
PROFESSIONAL OFFICESThe office or place of business where professional services are offered and does not involve, as a principal use, the sale of goods or the keeping of a stock in trade. Professional offices include but are not limited to, medical doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.
PROFESSIONAL SERVICESA specific activity performed by a qualified person(s) which requires training and/or specialized study.
PUBLIC AND SEMIPUBLIC BUILDING AND GROUNDS This definition is intended to include, but not be limited to, any one or more of the following uses, including grounds and accessory buildings necessary for their uses:
A. Churches, places of worship, parish houses and convents.
B. Public or semipublic parks, playgrounds and recreational areas when authorized or operated by a governmental authority, school, or religious institution.
C. Nursery schools, elementary schools, high schools, colleges, or universities.
D. Public libraries and museums.
E. Not-for-profit fire, ambulance and public safety buildings.
F. Administrative office buildings and related facilities operated by public agencies.
G. Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes for adults, or homes for the aged as the same are defined under the
Public Health Law or the
Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
H. Not-for-profit membership corporation or club established for civic, cultural, social, or recreational purposes.
I. Day-care centers approved by the New York State Department of Social Services.
PUBLIC MARKETA site which provides space, on a rental or fee basis, for growers to sell agricultural products to the general public.
RECREATIONAL VEHICLE A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic types are:
A. TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and a body length of no more than 38 feet when factory equipped for the road.
B. CAMPING TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
C. TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
(1) SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
D. MOTORHOMEA vehicular unit built on a self-propelled motor vehicle chassis.
E. BOATA vehicle designed to be used on the water and made of wood, fiberglass, metal fabric or any other material, whether designed to be propelled by mechanical means, wind or muscle power.
[Added 12-9-2002]
RECREATION AREARecreation area is the sum of all open or covered areas used for recreation purposes.
RESERVOIR SPACEAny temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by this chapter. One reservoir space shall be 24 feet long and 10 feet wide.
RESIDENTIAL CONVERSIONThe conversion of the use of a building from nonresidential to residential use or the structural alteration of an existing residential structure to increase the number of residential units in the structure.
RESTAURANTAny establishment, however designated, at which food or drink is sold for consumption to patrons seated within an enclosed building or on the premises.
RETAIL FUEL OUTLETAny establishment that sells gasoline, diesel, kerosene, propane, or similar fuels to the public. This includes service stations, convenience stores, car washes or any other facility that sells fuels.
RIDING STABLEAny use housing animal livestock, such as horses, and providing such livestock to the public for riding on a pay-per-use or fixed fee basis.
RIGHT-OF-WAYLand set aside for use as a street, alley, or other means of travel.
RIGHT-OF-WAY LINEThe line determining the street or highway limit of public ownership. For the purposes of this chapter, the right-of-way line and the street line shall have the same meaning.
ROAD, ARTERIALA road, normally a state highway, which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
ROAD, COLLECTORA road which serves or is designed to carry traffic from minor streets to the arterial street system.
ROADSIDE STANDRetail outlet, consisting of nonpermanent structures (movable and temporary), for the sale of agricultural products grown principally by the operator during the harvest season. (See also "FARM MARKET.")
ROOMING HOUSEA dwelling other than a hotel, motel, bed-and-breakfast establishment or tourist home, where more than two persons are housed or lodged for hire with or without meals. A rooming house is distinguished from a bed-and-breakfast establishment or tourist home in that it is designed to be occupied by longer term residents as opposed to overnight or weekly guests.
SATELLITE DISH ANTENNA A combination of:
A. An antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources; and
B. A low noise amplifier whose purpose is to carry signals into the interior of a building.
SEASONAL SERVICE RESTAURANTA restaurant which operates only seasonally and has a seating capacity of 25 people or less. Included are coffee shops, lunch counters, and ice cream parlors.
SETBACKThe horizontal distance between the center line of the street, rear or side lines of the lot and the front, rear or side lines of the building. All measurements shall be made at right angles to or radially from the street center line or lot lines to the building lines. Setbacks from the center line of street to the front building line are defined as "front setbacks." Setbacks from side lot lines to the side building line are defined as "side setbacks." Setbacks from the rear lot lines to the rear building line are defined as "rear setbacks."
[Amended 10-27-2014 by L.L. No. 1-2014]
SHOPPING CENTERA group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
SIGHT DISTANCEThe maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.
SIGNAny device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
A. SIGN, OUTDOOR ADVERTISINGA sign which is visible from a public right-of-way, neighboring property, or parking area, and contains an advertising message relating to a business.
B. SIGN, NONCOMMERCIAL SPEECHA sign which contains a message that is not related to any business purpose, but which expresses an opinion, political message or other noncommercial statement.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SITE PLAN REVIEWA review and approval process, conducted by the Planning Board, whereby site plans are reviewed utilizing criteria stated in this chapter.
SOLAR ACCESSSpace open to the sun and clear of overhangs or shade.
SPECIAL PERMIT USESThose particular uses which are specifically permitted in a given district only when conditioning criteria enumerated in this chapter are met.
STABLEA building in which any horses are kept for remuneration, hire or sale.
STOCK ANIMALThis term shall include horses, cows, goats, sheep, pigs, rabbits, fowl, and other similar animals.
STREETLINEThe limit of the street width or highway right-of-way, whichever is greater.
STRUCTUREAnything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. For example, structures include buildings, mobile homes, walls, fences, signs, sheds, billboards and poster panels, docks, and/or similar construction types.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred.
SWIMMING POOLAny body of water, or receptacle for water, having a capability of a depth of 18 inches or more at any point, used or capable to be used for swimming, bathing, or wading, and permanently installed or constructed either above or below ground.
TAVERNAny establishment, licensed by the State of New York, that engages in the sale for on-premises consumption of alcoholic and nonalcoholic beverage(s).
TEMPORARYA use or structure lasting for a designated period of time only, but not more than one year, unless specifically authorized by this chapter.
[Added 8-11-2003 by L.L. No. 4-2003]
TEMPORARY USEAn activity or use conducted for a specified limited period of time, not exceeding six months within any twelve-month period. This term shall include those uses incidental to construction projects, festival tents/refreshments stands, temporary real estate sales offices incidental to a subdivision project, and similar uses.
TOWERIncludes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as but not limited to broadcast, shortwave, citizens band, cellular telephone, FM or television signals or wind-driven devices such as energy converters and wind speed and/or direction indicators.
TOWNHOUSEAn independent single-family dwelling unit which is one of a series of dwelling units, having a common party wall between each adjacent unit, each with private outside entrance.
USEThe specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCEA variance is any departure from the strict letter of these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property. Variances run with the land and are not particular to any one landowner.
WATER DEPENDENT USELand uses, structures and or economic activities that would not exist without a waterfront location.
WATER ENHANCED USESLand uses that receive added value or importance because of proximity to a shoreline, often functioning as support services for water uses and water dependent uses.
WIND ENERGY METEOROLOGICAL (MET) TOWERSAny commercial equipment used in connection with the temporary collecting of data on the feasibility of installing wind-energy-producing towers in the Town of Albion. Meteorological (MET) towers are to be used for the purpose of collecting data and shall not be used to produce wind-energy. Meteorological (MET) towers shall include monopole, guyed or latticework towers, as well as antennas, supporting masts, wires, structures and buildings. Meteorological (MET) towers shall have a maximum height of 199 feet. Any tower over 199 feet in height will require an area variance.
[Added 9-10-2007 by L.L. No. 6-2007]
WINDMILLAn alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator may also be deemed a windmill.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. (See also SETBACK).
A. YARD, FRONTThe space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line.
B. YARD, REARAn open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory building and open porches.
C. YARD, SIDEAn open space on the lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet for rainwater leaders, window sills, and other such fixtures and open steps.
YARD SALEThe temporary displaying of household items and clothing for sale on a yard, porch or in a barn or garage. This term shall include garage sales, barn sales, porch sales, tag sales and other sales similar in nature.
ZONING PERMITA document issued by the Code Enforcement Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses in conformity with this chapter.