Those uses requiring a permit subject to approval by the Zoning Board of Appeals and only when the specific conditions and criteria enumerated in this chapter are met.

A structure or a portion of a main structure located on the same premises and incidental to the main structure.

A business engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including corn shelling; hay baling and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; crop dusting; fruit picking; grain cleaning; land grading; harvesting; and plowing.

The 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 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.

Any radio, television or citizens' band antenna itself, as well as the structural members used to support such antenna, excluding nonrigid wires.

A dwelling unit in a building which comprises more than three dwelling units, each of which has an entrance to a hallway or balcony in common with at least one other dwelling unit.

A building containing three or more residential units, each of which contains separate housekeeping facilities, and usually certain common mechanical conveniences, such as a central heating plant, elevator, garbage disposal, etc.

An owner-occupied building used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities within the facility to serve breakfast to transient guests.

A waterside area adjoining any structure, dock or pier, the purpose of which is the storage of a boat, yacht or any floating craft.

A waterside area consisting of one or more structures, docks, piers, or a combination thereof, used for the berthing or mooring of boats, yachts or other floating craft, whether manually, mechanically or sail powered.

Any dwelling wherein guests for hire are accommodated, with rooms and/or food, in excess of five persons.

Any building or similar superstructure used primarily for the storage and the sheltering of watercraft, including such subordinate uses customarily incident to such primary use.

A unit of land, together with a specified type and amount of plantings thereon, and any structures or land forms which may be required between land uses to eliminate or minimize conflicts between them.

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.

Any one or more of the following uses, including grounds necessary for their use, and accessory buildings:

A purchase, sale or transaction involving the disposition of any article, substance, commodity or service, offices or recreational or amusement enterprise conducted for profit.

A lightweight structure, with at least one side open to the outdoors, which serves as an accessory structure to a principal residential use.

A portable unit, mounted on wheels and constructed with collapsible partial side walls which fold, for towing by another vehicle.[1]

Membership recreational building, but not including a club, the chief activity of which is a service customarily carried on as a business.[2]

A lot or portion of a lot at the junction of, and abutting on, two intersecting streets.[3]

Any dock, wharf, structure or fixed platform extending out over the water, built on floats, columns, open timber, piles or similar open-worked supports.

A residential building on a single lot consisting of two one-family units having a common wall between the units with private outside entrances, separate front and rear yards and separate utilities.

Any building or portion thereof containing one or more dwelling units.

One or more rooms constituting a separate, independent housekeeping unit for ownership or lease or rent, designed for occupancy by one family and physically independent of any other group of rooms or dwelling units which may be in the same structure, and containing independent cooking, sanitary and sleeping facilities.

Any number of individuals living together as a single housekeeping unit, using rooms and housekeeping facilities in common.

As detailed in the New York State Agriculture and Markets Law, not less than 10 acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more; or not less than 10 acres of land used in the preceding two years to support a commercial horse boarding operation with annual gross receipts of $10,000 or more.

A labor camp housing facility, building or buildings in which people are housed who are employed in the individual farmer's personal farming operation.

Any fence or brick or stone wall located outside of the area bounded by the front building foundation line and the side and rear setback requirements.

Any gun, shotgun, rifle, pistol, revolver, bow and arrow or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile is propelled.

A parcel of land which does not abut a public street except for a strip of land on which a private access drive is located.

A yard situated on the same lot as a principal building or use, situated between the street line and the nearest wall of the principal building unless otherwise indicated.

A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:

A principal or accessory building, other than a private garage, used for parking or temporary storage of passenger automobiles and in which the service shall be provided for remuneration.

A multiple dwelling or group of multiple dwellings containing dwelling units, occupying not more than 35% of the area of the site or plot on which such dwelling or dwellings are situated.

Buildings and premises used for the conduct of a business, the primary purpose of which is the selling and dispensing, at retail, of gasoline and other motor fuel, grease, oil and automobile accessories, and which may include as an accessory use the minor servicing of motor vehicles, including the greasing, oiling and minor repairs of such vehicles. Such buildings or premises may contain no more than two bays within which work or service is performed. Excluded from the use of such buildings or premises are the following:

Any private, semiprivate or publicly owned course, consisting of at least nine golf holes of conventional design and distances.

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.

An outdoor facility, which may or may not include accessory buildings, used for the discharge of firearms at a fixed mark or target.

Issued by the Town Clerk for harboring of more than three adult dogs or litter of more than two pups for over six months at a private residence and not for remuneration.

The vertical distance from the average grade, as measured three feet from the foundation, to the average height of the highest roof surface.

Storage, manufacture, preparation or repair of any article, substance or commodity.[4]

Includes, but shall not be limited to, any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state. This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, motor vehicle parts and used tires.

A property or structure used for the boarding, breeding or day care of six or more domesticated animals for commercial purposes.

A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.

Refers to shoreline.

A parcel of land under separate ownership or a parcel as designated on a plot plan as a unit and recorded in the Monroe County Clerk's office, and which is devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

Except for the computation of area required for the keeping of animals and poultry, lot area shall mean the computed area contained within the lot lines, said area to be exclusive of street or alley rights-of-way or future rights-of-way, if such have been determined. For purposes of computing lot area for the keeping of animals and poultry (other than hens and chickens), lot area shall include the area of a deeded lot within the right-of-way of any street, highway or alley and future rights-of-way if such have been determined.

A line bounding a lot which divides one lot from another or from a street or any other public or private space.

The mean horizontal distance between the side lot lines measured at right angles to those side lot lines at the building line. Where there is only one side lot line, the lot width shall be measured between such lot line and the opposite lot line or future right-of-way.

A mooring and dock area for boats that may include repair facilities, gas, water, supplies and/or other conveniences to boat owners.

A tower erected for a limited period of time for the purpose of obtaining data relevant to wind speed and direction.

A dwelling which is partially or fully assembled in a factory and built on a permanent chassis, transported to a lot in one or more sections and designed to be occupied when placed on a lot and connected to utilities. A mobile home shall continue to be defined as a "mobile home" whether or not wheels, axles, hitches or other appurtenances of mobility are removed and regardless of the nature of the foundation provided.

An area set up to accommodate mobile homes.

Any building designed to house two or more families.

A building or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

A use or activity, which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

Includes "designated" or "intended to be occupied."

A building having a vertical distance between floor and ceiling of not less than seven feet six inches, on one level of floor, not including the basement or cellar, the measurement of such vertical distance being made along the studs forming each of the exterior walls.

An area unoccupied by any building, structure or parking area, whether paved or unpaved, and which may be inclusive of any required yard areas or setbacks.

A permanently surfaced and marked area for the parking of a motor vehicle.

Any structure usually consisting of parallel colonnades which support an open roof of girders and cross rafters which serves as an accessory structure. The term "pergola" includes any arbor-like structure which has overall dimensions exceeding four feet in width by four feet in length.

Any structure extending out over the water built upon fill, which shall include, but shall not be limited to, earth, clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary), ashes, cinders, slag or metal, whether or not enclosed, or containing:

A natural or man-made body of standing water, which does not disappear completely with fluctuations in the amount of rain or drainage received, and which contains, on average, at least 12 inches of water year round.

A lot, plot or parcel of land unoccupied or occupied by one structure and its accessory structures, including the open spaces required by this chapter.

The 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. Office-type work performed by an individual in his home, such as work on a computer or by phone, where such individual has no clients or customers coming to his home, shall not be deemed a professional office.

A yard on the same lot as the principal building or use, situated between the rear line of the lot and the nearest wall of the principal building unless otherwise indicated.

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.

A permanent building used for the serving of meals, with table or counter and chair facilities. "Fast food" shall mean restaurants where there is no table or sit-down counter waiting service and where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged and where the customer places an order at a common counter by waiting in line or by being served through a sequential numbering system and consumes the food either at tables provided in or adjacent to the building, in his vehicle or elsewhere.

A solar panel system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for on-site consumption.

A person 55 years of age or older.

The least distance from the side, rear or front line of a lot to the side, rear or front building line of any building located or to be located thereon.

A yard on the same lot as the principal building, situated between the side line of the lot and the nearest wall of the building and bounded by the front and rear building lines.

Any notice or advertisement, pictorial or otherwise, used as a display for the purpose of advertising the property or the establishment of enterprises, including goods and services, upon which the sign is exhibited. This definition shall not include official notices issued by a court or public body or officer or directional, warning or informational signs or structures required by law or by federal, state, county or Town authority.

A sign to advertise agricultural products, services or goods not to be displayed exceeding four months within a year.

A self-supporting sign resting on or supported by means of poles, trailers, vehicles, or standards or any other type of base on the ground independent of a structure.

The largest rectangle that is required to enclose the sign, including any frame or panel signs of individual letters, but excluding supports, braces or guys. The size shall refer to the background area of any face of a sign that can be seen at any one time.

A sign which is affixed to an exterior wall of a building or structure and which projects from the building wall to which it is attached.

An apartment within a single-family dwelling in which the owner or owners of the premises reside on the premises and are the primary occupants of the dwelling, and in which all utilities are shared with a single electrical meter, single gas meter and single water meter, and which meets the further requirements set forth in § 520-40 herein. A single apartment in a single-family dwelling is allowed in certain zoning districts with a special use permit issued by the Planning Board.

Any solar energy system which is not a large-scale solar energy system.

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

Those uses that have some special impact or unique form which require a case-by-case review of their location, design, configuration and impact to determine, against fixed standards, the desirability of permitting their establishment on any particular site. Such uses require a special use permit issued by the Planning Board when the specific conditions and criteria set forth in this chapter are met.

The premises on which horses, ponies or similar types of animals are kept or fed, including barns.

A 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.

A stable on or at which horses, ponies or similar types of animals are kept or fed for remuneration, hire or sale.

The vertical distance from floor to ceiling.

A building having a vertical distance between floor and ceiling of not less than seven feet six inches on the first level or floor and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor and a vertical distance of not less than three feet six inches along the studs forming the exterior walls being set or erected not less than 2/3 the distance apart of the exterior walls of the first level or ground floor; not including the basement, cellar or wings of one story.

All streams, year-round or seasonal, designated on the Official Town of Hamlin Wetlands Map.[5]

A dividing line between a street or highway and the premises fronting thereon.

In addition to its other ordinary applications, any alteration whereby a building or other structure is adapted to another or a different use and any alteration or repair which would violate any of the regulations applicable in the district wherein the same is located, if said building or other structure was entirely constructed or so altered or repaired, at the time such alterations or repairs are made.

A building or anything constructed or erected which requires temporary or permanent location on or the support of the soil or which is attached to any structure. The word "structure" shall include swimming pools which can accommodate a depth of three feet of water at their deepest point and prefabricated homes assembled on site. It shall also include any pier, wharf, dolphin, dock, weir, boom, breakwater, bulkhead, revetment, jetty, permanent mooring structure, power transmission line, pilings, aids to navigation or other obstacle or obstruction.

The division of a parcel of land into two or more lots, blocks or sites, with or without streets or highways, described by the metes and bounds and a reference map or survey of the property or by any other methods of description for the purpose of sale, lease, license or any other reason. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. To qualify as a conforming subdivision, the subdivision must be approved by the Town Planning Board and other appropriate government agencies and recorded with the Monroe County Clerk’s office. Notwithstanding the foregoing, the creation of a lot that is created simply by combining two or more contiguous lots, and any plat consisting solely of alteration of lot lines in which there is no increase in the nonconformity of the area requirements or setback requirements of any resulting lot, does not constitute a “subdivision,” but shall be subject to review and approval by the Planning Board.

Any artificial pool of water constructed, installed or maintained in ground or above ground which is designed to contain water to a depth of 18 inches or more and intended to be used for swimming, bathing or wading.

Natural, fertile, agricultural soil, capable of sustaining vigorous plant growth, of uniform composition throughout, without a mixture of subsoil, free of stones, roots, lumps, plants, sticks or other extraneous matter.

A residential building consisting of a series of noncommunicating, 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.

A 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.

A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:

A building having a vertical distance between floor and ceiling of not less than seven feet six inches on the first floor level or floor and having a vertical distance between floor and horizontal ceiling of not less than seven feet nor more than nine feet on the upper level or floor and a vertical distance along the studs forming each of the exterior walls of the upper level above the floor of not less than five feet average and such walls being set or erected not less than the distance apart of the exterior walls of the first level or ground floor, not including the basement, cellar or wings of one story.

The purpose for which any structure or part thereof and the premises or any part thereof is occupied or intended to be occupied or, if either is unoccupied, the purpose for which it may be occupied.

A change in the nature of occupancy or use of any principal building or structure that requires the issuance of a building permit and certificate of occupancy from the Town Building Inspector. A "change of use" shall not include a similar use that can occupy a principal building or structure with only minor remodeling or repair work and that does not require the issuance of a building permit and new certificate of occupancy.

One 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.

Permission to depart from the literal requirements of this chapter, as granted by the Town Zoning Board of Appeals.

Any body of standing water (natural or man-made) which is not dry more than three months of the year and which has a ground surface of two acres or more.

A use that requires direct access to the water in order to function.

All areas as designated on the Official Town of Hamlin Wetlands Map[6] that are not defined as streams or water bodies greater than two acres.

A WECS structure, or wind turbine, converts the kinetic energy of the wind into a usable form of electrical or mechanical energy and includes all parts of the system, including the tower and the transmission equipment.

As defined in Chapter 506 of the Code of the Town of Hamlin.[7]