For the purpose of this chapter, the words and terms hereinafter listed shall be defined as follows:
A highway that has ceased to be traveled or used as a highway and has been abandoned by Town Board procedures. The right-of-way in this instance reverts back to the property owner(s). (For specifics, refer to §
205 of the Highway Law.)
A detached building on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
A use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
A business, whether retail or wholesale, having more than 5% of its net floor space set aside for or more than 5% of the value of its stock-in-trade allocated to recordings, books, magazines, periodicals, films, videotapes/cassettes, CD ROM, or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matters depicting, describing or related to sexual activities or specified anatomical areas customarily associated with sexual activity.
A public or private establishment, or any part thereof, which represents any of the following entertainment, exhibitions, or services to include, but not limited to, topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motion-picture theaters; adult theaters; escort agencies; adult motels, nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
As applied to a building or structure:
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;
An enlargement of a building or structure, whether by extending on a side or by increasing in height;
The moving from one location or position to another; and
Any alteration whereby a structure is adapted to another or different use.
Any device or equipment of any nature or kind, the primary purpose of which is to transmit or receive electronic signals.
The extent of horizontal surface contained within the boundaries or extremities of land or building.
A person manually skilled in making a particular product, such as, but not limited to, glassblowing, art studios, pottery/ceramics, ornamental works, etc.
An accessory use unique to the A-C District, permitting an artisan to manufacture and/or sell products of his/her creation. Such use shall be in conjunction with the artisan's residential use and may employ one person who is not a member of the artisan's immediate family. Only goods manufactured on premises shall be sold. An artisan use existing in the C-B District shall be deemed a commercial use and not subject to these provisions.
The use of any building, land area or other premises for the display, sale or rental of new or used motor vehicles, panel trucks, vans or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use under a dealership license.
The space of a building that is partly below grade, which has more than1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
Owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than ten transient lodgers and containing at least three, but not more than five, bedrooms for such lodgers.
Earth mound providing a barrier between properties, height and width to be determined at the time of site plan review. Berms may also include plant materials and/or fencing on top of berm if the reviewing board deems necessary.
Any establishment where horses are kept for breeding, selling, leasing, training and lessons for compensation.
Any form of security, including cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the governing board. The governing board shall approve all bonds whenever a bond is required by the regulations.
An area of no less than 15 feet in depth composed of densely planted evergreen shrubbery, solid fencing, earth berm or a combination thereof.
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof.
That individual designated by the Town Board to enforce and administer the provisions of all the New York State Uniform Fire Prevention and Building Codes, land use regulations and local laws of the Town of Bristol.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
The percentage of a lot area occupied by the ground area of principal or accessory building, but shall not include any structure (such as a patio or deck) that does not have a roof.
A permit issued by the Code Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the district in which it is located or is to be located.
A building in which is conducted the main or principal use of the lot on which said building is situated.
Any area of land on which is located a structure suitable for seasonal or other temporary living purposes.
A parcel of land used or intended to be used, let or rented for temporary occupancy by campers or for occupancy by or of recreational vehicles, tents, or moveable dwellings, rooms or sleeping quarters of any kind.
Portable, commercial-type containers or vehicles, such as, but not limited to, shipping containers, trucks, busses, etc.
That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
Certificates issued by the Code Enforcement Officer upon completion of the change in use of an existing building or upon the completion of a project-requiring site plan approval. Said certificate shall acknowledge compliance with all provisions of the New York State Uniform Fire Prevention and Building Codes and local laws adopted by the Town of Bristol.
A certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Zoning Board of Appeals.
A transition to a use that is different, in terms of specific use type, than the use it replaces. Not included are changes in occupancy involving the same specific use where there is not an increase in floor area, extension, use or addition.
A building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
See "building inspector."
An antenna tower, structure, or device, which emits or receives electronic signals for broadcast and/or communication purposes as part of a commercial or business enterprise.
A multiple dwelling owned by more than one person, whereby each owner has fee simple ownership of a unit or apartment coupled with an undivided interest, together with all of the other owners of units in the project, in the common elements.
A roadway providing a means of access from a street to a property or off-street parking area. An access way may also be deemed a driveway. Said driveway/access way shall be a minimum of 10 feet from any lot line.
Building containing not more than two dwelling units occupied exclusively for residential use.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
A building containing three or more dwelling units.
A building containing one dwelling unit.
A building containing two dwelling units.
Any windmill, turbine or other energy-creating or energy-converting device. Minimum ground clearance from the tip of the propeller must be 25 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Underground surface or overhead electrical, gas, steam, water and sewage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public services.
A site used for the purpose of removal of stone, sand, gravel, or other minerals for sale or profit. It does not include topsoil removal or the temporary removal of earth for cellars, basements, roadbeds, cemeteries, etc.
One or more individual(s) occupying a dwelling unit and living as a single household unit.
Any parcel of land used for agricultural and/or animal husbandry activities.
Any building used for the housing of agricultural equipment, produce, livestock or poultry, in conjunction with, and necessary to the operation of, a commercial farm as defined by this article. The term "farm building" shall not include "farm dwelling."
Established by the Town Board of the Town of Bristol. See fee schedule, this fee schedule determined by resolution of the Town Board of the Town of Bristol and reviewed at least every two years by said Board. This fee schedule applies to all use districts.
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured or natural material or combination of materials.
A lot having less lot width than otherwise normally required for the zoned district, but in no instance less than 66 feet in lot width, that provides access to the interior portion of the flag lot which contains the minimum lot area requirements for said district. The access portion of the flag lot shall not be considered buildable and may not be used in calculation of the minimum lot area requirements for the zoned district.
The channel and the relatively flat area adjoining the channel of a natural stream or river, which has been or may be covered by flood maps, as drawn on federal maps.
The sum of gross horizontal areas of the several floors of a building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.
All spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms and unheated porches and breezeways.
The surface space occupied by a structure.
Any building or premises in which a business, service, or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
An accessory building used in conjunction with a principal building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
A building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit, 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 be conducted entirely within the principal dwelling unit and/or in a properly permitted, approved, and fully enclosed accessory building. The accessory structure may not exceed 750 square feet and must be of similar construction, architecture, and materials to the main dwelling unit.
The office of a member of a recognized profession when conducted in the resident's dwelling unit. Such occupations shall include, but not be limited to, those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons.
Any property or place where the business of a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvage material other than wholly within an enclosed building. In addition, a junkyard shall include property used for the storage of impounded, abandoned, partially dismantled, obsolete or wrecked automobiles, other than wholly within an enclosed building. The outdoor storage of any of the following is included in this definition:
Two or more junk vehicles;
Two or more abandoned mobile homes or recreational camping vehicles;
Five or more inoperable appliances, including, but not limited to, lawn and garden machines, washers, dryers, dishwashers, stove, refrigerators, freezers and televisions;
Five or more inoperable pieces of equipment;
Collection and storage of any secondhand or used material which, taken together, equal in bulk volume of 2,000 cubic feet or more;
Any combination of the above that totals five items.
Any premises on which four or more dogs more than four months old are kept, bred or boarded for profit.
Industrial uses which meet the performance standards, bulk controls and other requirements established in this chapter.
A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families.
The place where members of a local chapter of an association hold their meetings, and the local chapter itself.
A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
An area of land, which is determined by the limits of the lot, lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
That percent of the lot area which is devoted to building area and other impervious surfaces.
The distance measured from the front lot line to the rear lot line.
The horizontal distance between the sidelines of a lot measured at right angles to its depth, along a straight line parallel to the front lot line at the minimum required building setback line.
A parcel of land at the junction of and fronting on two or more intersecting streets.
A factory-built, single-family dwelling constructed on a chassis to facilitate its transportation to the site. Such structures shall be self-contained single units (excludes modular homes) and shall meet the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD) and applicable standards of the New York State Uniform Fire Prevention and Building Code. A manufactured home shall not be construed to be a travel trailer or a recreational vehicle. Double-wides shall be considered manufactured homes, not modular homes.
A site with required improvements and utilities for the long-term parking of three or more manufactured/mobile homes which must include services, such as snow plowing, septic, etc., for the residents.
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration or fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto exposes his or her specified anatomical areas. The definition of "adult use" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, by a licensed masseuse, trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
A dwelling unit constructed off site, using conventional construction standards and transported to a permanent site, bearing an insignia of approval issued by the New York State Fire Prevention and Building Code Council.
An establishment providing transient accommodations primarily for motorists, not over two stories in height, in which the exit from 100% of all rooms have direct access to the outside without the necessity of passing through the main lobby of the building.
One or more multifamily dwellings designed and erected in an integrated development with singleness of use and operation and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space, or recreation areas, and utility and sanitary facilities.
A building, lawfully existing at the time of the adoption of this chapter, which in its design, construction, size or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
A lot of record existing at the date of the passage of this chapter which does not have the minimum width or depth or contain the minimum area for the zone in which it is located.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning local law, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of a zoning district. Use of a building or of land that does not conform to the regulations of the zone in which it is located.
Notice shall be determined given when the document advising such action has been placed in a postage-prepaid sealed envelope addressed to the individual at the last-known address of such individual. The act of advising the applicant, owner, or other individual of an administrative decision of compliance, noncompliance, issuance of a permit, or other action administered by a Town official.
The appearance of human bare buttocks, anus, male genitals, female genitals or full male or female breasts.
A nonregulatory agency established to assist municipalities and landowners address issues associated with and protect our natural resources.
An official document or certificate issued by the Code Enforcement Officer that authorizes performance of a specified activity.
Antennas constructed in the form of and housed within a parabolic dish-type structure.
A space adequate for parking an automobile and having an area of not less than 160 square feet (eight feet by 20 feet) per vehicle, exclusive of passageways and driveways appurtenant thereto. For handicapped parking, refer to American National Standards, Chapter 5, Section 502.2, "Vehicle Parking Space Size."
An area of a minimum of 50 acres to be planned and developed as a single entity containing one or more residential clusters and one or more public, commercial or industrial areas. Such development shall be based upon a plan, which allows for flexibility of design not available under normal zoning district requirements.
The duly appointed and constituted Town of Bristol Planning Board. (See Article
XVIII, §
350-76, Planning Board, of this Chapter
350, Zoning, of the Code of the Town of Bristol.)
Any natural or man-made entrapment of water capable of attaining more than two feet in depth.
The main use for which a building or lot is to be used.
A roadway providing a means of access for more than one residence from a street to a property or off-street parking area. An accessway may also be deemed a driveway. A private drive must be located at least 10 feet from a property line.
These businesses shall include, but are not limited to the following: machine shop operations, printing, publishing and book binding, machine press operations, upholstering, welding, manufacture and/or assembly of electronic devise and electric appliances.
The office of a doctor, lawyer, dentist or persons performing any activity or service licensed pursuant to the provisions of the appropriate laws of the State of New York.
A regulated private enterprise with a franchise for providing public service.
Telephone and electric lines, poles, equipment and structures; water or gas pipes, mains, valves or structures, sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or public utility.
A highway on which the maintenance has been discontinued for reasons of lack of use as a highway, but the public right-of-way still remains. Said highway can be gated by property owner(s) but cannot be locked. (For specifics, refer to §
205 of the Highway Law.)
A vehicle designed to be moved by its own power or towed by a vehicle to which it may be attached and to be temporary living or sleeping quarters for one or more persons, with or without toilet facilities. These vehicles must be registered with the Department of Motor Vehicles.
A building, structure or portion thereof used for servicing or repairing motor vehicles, e.g., engine repair, bodywork, frame straightening, painting, upholstering, steam cleaning, electrical work, tune-ups and all other passenger vehicle repair activities not specifically listed in the definition of "service station."
Any establishment whose primary business is food that is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar, refreshment stand at a public, semipublic or community swimming pool, playground, play field or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
The line, present or proposed, which is the joint boundary line between a lot and the street or highway right-of-way; an easement for right-of-way for highway purposes.
Antennas and parabolic dish-type antennas mounted or located on the roof of any building or structure.
A dwelling in which three or more persons, either individual or as families, are housed for hire with or without meals. A lodging house or boardinghouse shall be deemed a rooming house
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials; this term shall also include discarded, abandoned or stored refrigerators.
A distant view through or along an avenue or opening; a picturesque view or landscape.
A building or premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and bodywork, straightening of body parts, painting, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not considered a public garage as defined elsewhere in this chapter.
The distance between the street line, rear or sidelines of the lot, and the front, rear and sidelines of the building. All measurements shall be made at right angles to or radially from the lot lines to the nearest portion of the building lines. Setbacks from highway right-of-way to building site are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."
Refer to 6 NYCRR Part
617.
Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, civic, charitable or religious group.
The 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 said sign.
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, right-of-way boundaries, all essential dimensions and bearings and any other information deemed necessary by the Town of Bristol Planning Board.
Allow for energy transfer from light energy to heat and electrical.
An application for a permitted use pursuant to Article
XVII and after approval by the Town of Bristol Zoning Board of Appeals.
The male genitalia in a state of sexual arousal and/or the vulva or more intimate parts of the female genitalia.
Any of the following:
The fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse or copulations or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B or
C of this definition.
Areas that will require additional measures to protect and manage slopes. Refer to Article
XII of this Chapter
350, Zoning, of the Code of the Town of Bristol.
Any place designated for, intended for, or used for the keeping, warehousing, putting aside, safekeeping or accumulating of things or materials.
Thoroughfare dedicated and accepted by a municipality for public use or legally existing on any map of a subdivision filed in the manner provided by law.
Structure means a combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, towers, sheds, storage bins, signs and swimming pools.
A swimming pool operated as a secondary or accessory use to a residential dwelling unit or units, located on an individual residential lot, which pool is not open for use by the general public or for profit.
A pool open to the public.
Any body of water or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing and constructed, installed, or maintained in or above the ground outside of any building.
An activity conducted for a specified period of time, which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction which are removed after the completion of the construction work.
The business of felling trees for commercial lumber and/or firewood production and/or sale. (See Chapter
311, Timber Harvesting.)
Any tower, pole, or other structure, whether attached to a building, guyed or freestanding, designed to be used for the support of any device for the transmission or reception of electronic signals, including, but not limited to, broadcast, shortwave, citizen's band, FM, television, microwaves or any energy-creating windmills.
Antennas, parabolic dishes, towers, energy-creating windmills, when referred to collectively.
An antenna, tower, structure or device which emits or receives amateur radio or citizen's band spectrums only, or which may receive any portion of a radio spectrum, provided that said use is not used for commercial purposes.
A multiple dwelling unit consisting of units constructed in a series or in groups, attached by common party walls, and which contains a minimum of three single-family units per building.
The specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
The goal of zoning is to provide area standards that apply to all properties equally within a give district.
The authorization by the Town of Bristol Zoning Board of Appeals for the use of the land in a manner that is not allowed by the dimensional or physical requirements of this chapter.
The authorization by the Town of Bristol Zoning Board of Appeals for a purpose that is not otherwise allowed or is prohibited by this chapter.
A conveyance or a device for carrying or transporting substances, objects or individuals.
Any material temporarily or permanently discarded or unwanted and not stored in a vermin-proof, sealed enclosure or structure for subsequent disposal.
An open space that lays between the principal building and the nearest lot line.
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot or a minimum of 25 feet on either side of the front of the building. Setback line shall be measured from the front lot line to the front building line.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the sidelines of the lot and the nearest line of the building. It shall extend from the front yard to the rear yard or, in the absence of either, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the sideline of the lot.
The duly appointed and constituted Zoning Board of Appeals of the Town of Bristol. (See Article
XVIII, §
350-77, Zoning Board of Appeals, of this Chapter
350, Zoning, of the Code of the Town of Bristol.)
An official finding that a planned use of property, as indicated by an application, complies with the requirements of this chapter and meets the special conditions of a variance or special use permit.