The following words, terms and phrases used in this chapter are defined as follows:
ACCESSORY BUILDING/STRUCTUREA building or structure, detached from or attached to a principal building on the same lot and whose use is customarily incidental and subordinate to the principal building, including but not limited to a garage, barn, shed, gazebo, deck, carport, or aboveground pool.
ACCESSORY USEUse 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 such principal use.
ADDITIONExtension or increase in area or height of a building or structure.
AGRICULTURAL DISTRICTA district set up under Article 25-AA of the New York State Agriculture and Markets Law to conserve, protect and encourage development and improvement of agricultural lands.
AGRICULTUREThe use of land for agricultural purposes, including tilling of the soil, dairying, pasture, apiculture, arboriculture, aquaculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry, and the necessary accessory uses for the packing or storing of products, provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and conducted in accordance with the New York State Agriculture and Markets Law.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ANTENNAA system of electrical conductors that transmit or receive radio or similar communication frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, data transmission, personal communication services and microwave communications.
BAR or TAVERNAn establishment licensed under the laws of New York State for the sale of alcoholic beverages and their consumption on the premises, not to include a nightclub.
BASEMENTThat portion of a building that is partly or completely below grade. See the New York State Building Code: Story above grade.
BED-AND-BREAKFASTAn operator-occupied one-family dwelling within which is provided overnight accommodations for transient paying guests, and which may include the serving of breakfast, and possibly other meals, to such guests.
BREWERYAn establishment where beer ale and other malt liquors are brewed.
BUFFER AREAA unit of land, together with a specified type and number of plantings thereon, and any structures or landforms which may be required between land uses to eliminate or minimize conflicts between them.
BUILDABLE AREAThe area of a lot remaining after the minimum yard and open space requirements of the Zoning Law have been met.
BUILDINGAny structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING FRONT LINEA line parallel to the front lot line transecting that point in the building face which is closest to the front lot line. This face includes porches but does not include steps.
BUILDING LINEA line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING PERMITA building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term "building permit" shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this chapter. (See Chapter
65.)
BUILDING, HEIGHT OFThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, MUNICIPALAny one or more of the following uses, including grounds necessary for their use, and accessory buildings/structures:
(1) Public libraries and museums.
(2) Government buildings (Town, county, state or federal).
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESSAn organization or enterprising entity engaged in commercial, industrial or professional activities, both for profit and nonprofit.
C DISTRICTA commercial district, includes C1, C2 and C3 unless otherwise specified.
CAMPGROUNDA parcel of land used or intended to be used, let or rented for occupancy by or of two or more recreational vehicles, tents or other recreational or temporary shelter or sleeping quarters of any kind.
CEMETERYLand used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbarium, mausoleum and mortuary, when operated within the boundary of such lands and in accordance with the requirements of New York State law.
CHILD-CARE CENTERA private establishment enrolling four or more children, where tuition, fees or other forms of compensation for the care of the children are charged and which is licensed or approved by New York State to operate as a "child-care center."
CHURCHSee "place of religious worship."
CLUBAn association of persons forming a membership organization with bona fide dues-paying members. The organization services and caters exclusively to its members and guests, and its premises and buildings are devoted to recreational, athletic, social, fraternal, civic, or cultural activities consistent with the purposes of the association.
CODE ENFORCEMENT OFFICERThe official charged with the duty to enforce this chapter and other laws, ordinances, codes and regulations relating to buildings and property.
COMMERCIAL AMUSEMENT AND RECREATION FACILITIESEstablishments engaged in providing entertainment or recreation for a fee or admission charge, including dance halls; bowling alleys; billiard and pool establishments; commercial sports arenas, rinks and racetracks; amusement parks; membership sports and recreation clubs; game parlors; and health clubs.
COMMERCIAL GROSS FLOOR AREAThe sum of the gross floor area of the several floors of a commercial building, including the area under roofed porches and roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls or exterior roof supports.
COMMERCIAL NURSERYAn establishment where herbaceous plants and related lawn care, landscaping and gardening products are sold to retail customers.
DAY-CARE FACILITYDay care provided on a regular basis for more than three children or adults, away from their own homes, for more than three hours and fewer than 24 hours per day and as regulated by New York State Social Services Law § 390.
DEVELOPMENTAny project that increases the value of property that may include but not be limited to:
(1) Installation of service connections to municipal services and/or public utilities.
(2) Erection of a dwelling or principal building.
DISTILLERYA facility where fermented grain, fruit or vegetables are distilled into spirits or liqueurs.
DISTRICT or ZONING DISTRICTAn area or section of the Town described on the Zoning District Map established by the Town in accordance with this chapter and within which uniform requirements regulate the use of land and structures and the height, bulk, density and setback of structures.
DRIVE-IN SERVICE/DRIVE-THROUGH SERVICEA facility where a product is sold, or a service performed for customers while they are in or near their motor vehicles in off-street parking or service areas. The term includes drive-in banking, drive-in food service, fast-food service, gasoline station, auto wash and similar uses.
DWELLINGA building or portion thereof designed, suitable for, and used for human habitation.
DWELLING UNITA building or portion thereof containing kitchen, bathroom, dining, sleeping and related facilities necessary and/or incidental to human habitation, designed and intended as a self-contained household unit for a single individual or family.
DWELLING, TOWNHOUSE OR ROWHOUSEAttached one-family dwellings of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
EAFSee "environmental assessment form."
ENVIRONMENTAL ASSESSMENT FORM (EAF)A form used by an agency to assist it in determining the environmental significance or nonsignificance of actions. An EAF is used in the implementation of SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
FAMILYOne or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FAMILY CARE FACILITYLiving space in a private home in which a family or individual cares, on a twenty-four-hour basis, for up to three mentally or physically disabled children or adults.
FARMAny parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FLOOD INSURANCE RATE MAP (FIRM)The current official map on which the Federal Insurance Administration has delineated the areas of special flood hazard for the Town of Aurora and incorporated herein by reference.
FLOODPLAIN MANAGEMENTThe operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness measures, flood control works and land use and development control measures.
FLOODWAYThe channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FRANCHISE ARCHITECTUREA building design that is trademarked or identified with a particular chain or corporation or is generic in nature.
GARAGE, PRIVATEAn accessory building/structure or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, including space for not more than one passenger vehicle used by others.
GARAGE, PUBLICAny garage other than a private garage, available to the public and operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATIONA drive-in service for the sale of motor fuel, diesel motor fuel, oil and motor vehicle accessories and which may include facilities for lubricating, washing or servicing vehicles, but not including painting or body repairs or the sale of new or used cars. The term includes "filling station" and "service station."
GROUP RESIDENCEA group of individuals occupying a single dwelling or dwelling unit as an integral component of a recognized program of physical or mental health rehabilitation, or other custodial supervision and care living arrangement operated by a nonprofit entity, with resident supervisory personnel. This term shall not include rooming houses, boardinghouses, nursing homes, dormitories, sorority houses, fraternity houses, or similar facilities.
HABITABLE FLOORAny floor usable for living purposes, including working, sleeping, eating, cooking or recreation.
HALF STORYA story under a sloping roof having a ceiling height of seven feet or more for not exceeding 1/2 the floor area of the uppermost full story in the building.
HOTELA facility containing rooms rented to primarily transient guests, with parking space convenient to each room, in which guest units have no cooking facilities but in which meals and accessory services may be provided. The term includes "motel," "motor inn," "motor lodge," and similar designations.
IN-LAW APARTMENTAn owner-occupied, single-family dwelling with a separate apartment within the dwelling and without a separate entrance that may include at least one kitchen, one bathroom and one bedroom, to be occupied solely by a relative of said property owner and not to be advertised as rental property or sold as a double or duplex.
INDUSTRYStorage, manufacture, preparation or repair of any article, substance or commodity.
KENNELAn establishment in which more than three dogs more than six months old are housed, groomed, bred, boarded, trained or sold.
LIVESTOCKIncludes but is not limited to horses, cattle, hogs, fowl, poultry or furred animals.
LOTA parcel of land occupied or capable of being occupied by one building and the accessory buildings/structures or uses customarily incident to it, including such open spaces as are required by this chapter.
LOT AREAThe total area within the lot lines of a lot, excluding any street rights-of-way.
LOT DEPTHThe mean distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
LOT FRONTAGEThe length of the front lot line measured at the street right-of-way line.
LOT LINEThe line of record bounding a lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT WIDTHA distance between the side lot lines of a lot and parallel to the front lot line of that lot measured at the minimum required building setback line.
LOT, CORNERA lot or parcel of land abutting upon two of more streets at their intersections or upon two parts of the same street forming an interior angle of less than 135°.
LOT, MINIMUM AREA OFThe smallest lot area established by this chapter on which a use or structure may be located in a particular district.
MANUFACTURED HOMEA residential building constructed in an off-site manufacturing facility in accordance with the Federal Manufactured Home Construction and Safety Standards (FMHCSS) established June 16, 1976 and administered by HUD. Such use shall be regulated by Town of Aurora Zoning Code, Chapter
116, §§
116-36 and
116-37.
MEAN HEIGHTThe average of the roof eave height and the height of the highest point on a roof surface.
MOBILE HOMEA residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards (FMHCSS) on June 16, 1976. Such use shall be regulated by Town of Aurora Zoning Code, Chapter
116, §§
116-36 and
116-37.
MOBILE HOME PARKAn area of land occupied or designed for occupancy by two or more mobile homes or manufactured homes. Such term also includes the term "trailer camp" and "trailer park."
MODULAR HOMEA structure intended for residential use and fabricated in an off-site manufacturing facility in accordance with the New York State Uniform Fire Prevention and Building Codes.
MOTOR VEHICLEEvery vehicle operated or driven which is propelled by power other than muscle power, except:
(1) Electronically driven mobility devices operated or driven by a person with a disability.
(2) Vehicles that run on rails or tracks.
(5) Self-propelled machines used for growing and harvesting of farm produce.
(6) Self-propelled caterpillars and crawler-type equipment operated on a construction site.
NIGHTCLUBA place of entertainment open at night for eating, drinking, dancing, etc., and usually having a floor show or live music.
NONCONFORMING BUILDING OR STRUCTUREA building or structure lawfully existing on the effective date of this chapter which does not conform to the district regulations for the dimensions and height of such building or structure or whose location results in nonconformity as to minimum yard dimensions or maximum lot coverage.
NONCONFORMING LOTA lot of record lawfully existing on the effective date of this chapter that does not meet the district regulations for minimum area or dimensions.
NONCONFORMING USELawful occupancy of a structure or land by a use that does not conform to the regulations of the district in which it is situated at the time of adoption of this chapter or any amendment thereto.
NONPROFITA person, firm, partnership, trust, company, corporation, organization, institution and similar entities so designated as "nonprofit" or "not-for-profit" by virtue of charter or incorporation and certification by the Internal Revenue Service.
NURSERY SCHOOLA facility for daytime care or instruction for two or more children from two years through seven years old, operated on a regular basis.
NURSING HOMEA premises on which is provided lodging, meals, and continuing nursing care for compensation to convalescent or chronically ill persons. The term "nursing home" shall include a convalescent home or rest home.
OVERLAY DISTRICTA mapped zoning district that imposes a set of requirements in addition to those of the underlying districts.
PARKAny land and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes.
PARKING AREAAn area of land, excluding driveways thereto, which is out of the public right-of-way and is designated for and adequately improved for the parking and maneuvering of motor vehicles.
PARKING SPACEThe area required for a motor vehicle and sufficient accessibility for the occupants of said vehicle as stipulated in this chapter.
PERMITTED USEA specific use noted in Article
III of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
PERSONA firm, partnership, trust, company, corporation, organization, institution and similar entities, as well as an individual acting as owner, lessee, agent or employee.
PLACE OF RELIGIOUS WORSHIPA specially designed building or structure or consecrated place where individuals or a group of people such as a congregation come to preform acts of devotion, veneration or religious study.
POULTRYDomestic fowls raised for meat or eggs; chickens, turkeys, ducks, geese, etc., collectively.
PREMISESA lot, plot or parcel of land, easement or public way, including any structures thereon.
PRINCIPAL STRUCTUREThe structure in which is conducted the main or principal use of the lot on which said structure is located. In any residence district, any dwelling shall be deemed the "principal structure" on the lot on which it is situated.
PROFESSIONAL OFFICEThe office of a lawyer, doctor, dentist and any person performing any activity or service licensed pursuant to the provisions of the Education Law of the State of New York.
PROHIBITED USEAny use which is not listed as a permitted use, special permit use or permitted accessory use this chapter shall be considered a prohibited use hereunder in all zoning districts.
R DISTRICTA residential district, includes R-1, R-2, R-3, and RR unless otherwise specified.
RECREATIONAL VEHICLEA mobile recreational unit, such as a travel trailer, pickup camper, converted bus, tent trailer, camper trailer or similar vehicle.
RESTAURANTA permanent building with table or counter and chair facilities used for the serving of meals to the public.
RIGHT-OF-WAY, PRIVATEA parcel of land which has a specific owner and some other party, or the public at large has a legal right or easement to traverse that land.
RIGHT-OF-WAY, PUBLICLand over which the public may travel subject to restrictions by the government with jurisdiction, whether or not said government has control of the land by ownership or easement.
ROOMERA person other than a member of a family or functional family unit who resides in a rooming house or boardinghouse on a temporary or seasonal basis. The term includes "lodger" and "boarder."
ROOMING HOUSE or BOARDINGHOUSEA dwelling unit used for temporary or transient occupancy purposes by at least three, but not more than 12, individuals or not constituting a family or functional family unit who pay expenses by the room or based on a share of total expenses of the dwelling unit. The term does not include a motel, hotel, group residence, or short-term rental.
SEQRAThe New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulation in Title 6 of New York Codes, Rules and Regulations, Part 617.
SETBACKThe required minimum distance from the street right-of-way line or any other lot line that established the area within which a structure must be erected or placed. See "building line."
SHORT-TERM RENTALOwner-occupied residence where a dwelling unit or part thereof is rented for compensation for lodging by an individual(s) for periods of not less than one night and not more than 30 consecutive days.
SIGNAny structure or part thereof, or device attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction, or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant, or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.
SITE PLANA drawing of the site, presenting information and accompanied by documentation as specified in Chapter
95.
SPECIAL USEA use which is authorized subject to requirements imposed by the Town Board or Zoning Board of Appeals to assure that the proposed use is in harmony with the law and will not adversely affect the neighborhood.
STABLE, PRIVATEA stable which is an accessory use for the family which resides on the premises and on or at which horses, ponies or similar types of animals are kept or fed, but not for remuneration, sale or hire.
STABLE, PUBLICA stable on or at which horses, ponies or similar types of animals are kept or fed for remuneration, hire or sale.
STOCK-IN-TRADEAny merchandise (wares, goods, farm produce, etc.) purchased, made, or otherwise acquired for resale.
STORAGE YARDAn outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated or stored for an indefinite period of time.
STORAGE, OUTDOORLand used for the keeping of goods, wares or supplies on land outside of any building or structure. This shall not be construed as including the activities of junkyards or landfills, as referenced in the Town Code.
STORYThat part of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a "story" if the ceiling is more than five feet above the average adjoining ground level or if used for business or dwelling purposes.
STREETA public or private thoroughfare which affords the principal means of access to abutting property. This term shall be synonymous with "road."
STREET LINEThe line which delineates the public right-of-way of a road or street, as established by the local, county or state agency having jurisdiction and as shown on the real property Tax Maps of the Town.
STRUCTURAL ALTERATIONAny change in the supporting members of a building or other structure, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected for occupancy or use.
SUBSTANTIAL ALTERATIONAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market 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. For the purposes of this definition, "substantial alteration" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TOWNHOUSEA residential building consisting of a series of individually owned one-family units having a common party wall between each unit, with private outside entrances, separate front and rear yards and separate utilities and located on a separate recorded lot.
USEThe specific purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE, ACCESSORYA use, occupancy or tenancy which is customarily incidental and subordinate to the principal use, occupancy or tenancy and located on the same lot or premises.
USE, CHANGE OFA change in the nature of occupancy or use of any principal building or structure.
USE, PRINCIPALThe specific purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE, PROHIBITEDAny use which is not listed as a permitted use, special permit use or permitted accessory use in this chapter shall be considered a prohibited use hereunder in all zoning districts.
USE, TEMPORARYOne established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
VARIANCEPermission to depart from the literal requirements of the Zoning Law.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of the land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe 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.
WETLANDSAreas designated by the New York State Department of Environmental Conservation as wetlands and those adjacent land areas within 100 feet of the delineated wetland; federal wetlands regulated by the United States Army Corps of Engineers; and any locally protected wetlands.
YARDAn open space that lies between the principal or accessory building/structure and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward by any structure or building, except as may be specifically provided in the zoning local law.
YARD, FRONTA space extending the full width of the lot between a principal building and the front lot line unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of such principal building.
YARD, REARAn open space extending the full width of the lot between the principal building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such principal building.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified. The required width of side yards shall be measured horizontally from the nearest point in the side lot line to the nearest building.
ZERO LOT LINEThe location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.