A building subordinate to and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.

Any place to which the public is permitted or invited where electrically or mechanically controlled still or motion picture machines, projectors, computers or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activity or specified anatomical areas.

A public or private establishment which serves food and/or alcoholic or nonalcoholic beverages that features:

A building used for the care of elderly or disabled adults for part of a twenty-four-hour day, such care to include personal assistance, development of skills for daily living and opportunities for social contact.

A public or private establishment which is used for the provision of the service of stroking, kneading, tapping or vibrating the human body with the hands or other devices with or without the aid of oils or other lubricants, except by those licensed to perform said activity under Education Law § 7802.

A hotel, motel or similar commercial establishment that:

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, DVDs, slides, or similar photographic reproductions are shown that are characterized by the depiction or description of specified anatomical areas or by specified sexual activities.

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

A business that provides sexual entertainment or services to customers, including x-rated video shops and bookstores, live or video peep shows, topless or fully nude dancing, marital aid shops, hourly motels, nonmedical massage parlors, etc.

Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios, sexual encounter centers and other sexually oriented uses.

Retail or wholesale enterprise providing services or products utilized in agricultural production, including structures, agricultural equipment and agricultural equipment parts, batteries and tires, livestock, feed, seed, fertilizer and equipment repairs, or providing for wholesale or retail sale of grain, fruit, produce, trees, shrubs, flowers or other products of agricultural operations. Lawn mowers, garden tillers, chain saws, lawn and garden equipment or supplies, hardware, and powered or unpowered hand tools are excluded.

The use of land and buildings or structures for the purpose of farming, dairying, pasturage, crop production, orchards, vineyards, animal and poultry husbandry, floriculture, apiculture, horticulture and silviculture, and for the necessary accessory uses for packing, treating or storing the products of the operation.

The lowest recorded LA90 value taken over a continuous four-hour period with one-minute equivalent sound levels recorded and the ambient noise level determined as the lowest LA90 value for any continuous ten-minute period of a series taken between the hours of 1:00 p.m. and 4:00 a.m. Measurements must be taken in the absence of precipitation and when the wind speed is not greater than 4.5 meters per second (10 mph). Measurement procedure must meet ANSI SI2.9, Part 3. Such measurements shall be made between December 1 and the following March 15.

A system of electrical conductors that transmit or receive electronic frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, and personal communication services (PCS).

The authorization by the Planning Board/Zoning Board of Appeals for the use of land in a manner which is not allowed by dimensional or topographical requirements of this chapter.

A dwelling within which overnight accommodations are offered to paying transient guests, but where such use is secondary to the permanent occupancy of the dwelling family.

The Planning Board/Zoning Board of Appeals of the Town of Italy.

Strips of land covered with grass, vegetation, trees, embankments or berms (excluding habitable area and intended to provide a neutral land use between other land uses).

Any structure having a roof supported by columns, posts or walls.

The distance from grade level to the highest point of a building or structure.

Any parcel of land on which are located two or more cabins, tent sites, shelters, travel sites or other accommodations of a design or character suitable for seasonal or other temporary living purposes, and which is used for economic gain.

See "Code Enforcement Officer."

A document issued by the Code Enforcement Officer to signify the completion of a permitted construction activity or the installation of equipment and to authorize its use.

A document issued by the Code Enforcement Officer listing all the uses, employments or dimensional aspects that do not conform to this chapter at the time of issue.

A document issued by the Code Enforcement Officer to authorize a permitted activity and/or the use or occupancy of a permitted structure.

A building used for the care, protection and supervision for a fee, at least twice a week, of more than 12 children at any one time. If conducted within a dwelling by a resident of said dwelling, children of the resident under the age of 16 shall be counted in determining the number of children being cared for.

The care, protection and supervision for a fee, at least twice a week, of not more than six children at any one time by a resident of a dwelling. Children of the resident under the age of 16 shall be counted in determining the number of children being cared for.

The care, protection and supervision for a fee, at least twice a week, of more than six but not more than 12 children at any one time. If conducted within a dwelling by a resident of said dwelling, children of the resident under the age of 16 shall be counted in determining the number of children being cared for.

Clear cutting, grading, or excavating of, or the removal of ground cover and/or topsoil from, an area greater than one acre (43,560 square feet).

A building designed and utilized in the diagnosis and treatment of persons on an outpatient basis only who are sick or injured, including clinical, temporary, surgical, and laboratory medical services.

The person or their designee appointed by the Town Board and charged with the authority and responsibility for enforcing the provisions of this chapter and the decisions of the Planning Board/Zoning Board of Appeals.

A tower owned and/or operated by a commercial enterprise that transmits and/or receives specific radio and/or communication frequencies.

A tower owned and/or operated by a commercial enterprise that transmits and/or receives specific cellular communication frequencies.

A tower owned and/or operated by a commercial enterprise that transmits and/or receives specific radio, television and/or communication frequencies.

A building, facility or organization catering exclusively to customers or members and their guests, including provisions and facilities for trap or target shooting or archery, for both practice and competition; provided, however, that there are not conducted any vending stands, merchandising, or other commercial activities except as shall be incidental to the operation and maintenance of the facility and generally for the membership and purposes of the club. Motorized vehicle racing is prohibited.

A tower owned and/or operated by a commercial enterprise that transmits and/or receives specific radio, microwave, and/or communication frequencies.

See "kennel, commercial."

A manufacturing, construction or service enterprise owned and operated by a resident of the principal dwelling on a lot, which may be engaged in retail sales or services on the premises, and which does not employ more than five persons not residing on the premises.

The County of Yates, NY.

The perceived loudness (of sound or sound pressure) using an A-weighted decibel scale which is weighted towards those portions of the frequency spectrum, between 20 and 20,000 Hertz, to which the human ear is most sensitive.

Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," "toxic," or similar substances so long as such items are employed by persons in one or more specific businesses or industries: (a) below regulatory concern radioactive material, or any radioactive material which is not below regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, (b) crude oil or natural gas drilling fluids, (c) crude oil or natural gas exploration, drilling, production or processing wastes, (d) crude oil or natural gas drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semiliquid material), (e) solution mining brine or mineral brines, (f) any chemical, waste oil, waste emulsified oil, or mud sediment that was used or produced in the drilling, development transportation, processing or refining of crude oil or natural gas, (g) soil contaminated in the drilling, transportation, processing or refining of crude oil or natural gas, (h) drill cuttings from crude oil or natural gas wells, (i) any wastes associated with the exploration, drilling, production or treatment of crude oil or natural gas, or (j) any waste classified as "solid waste" under 40 C.F.R. § 261.4(b)(5) [i.e. "Solid wastes which are not hazardous wastes,"], exempting therefrom animal manure.

Any of the following: (a) tanks or any construction (metal, fiberglass, concrete, etc.), (b) impoundments, (c) pits, (d) evaporation ponds, or (e) other facilities, in any case used for the storage or treatment of deleterious substances that: (i) are being held for initial uses, (ii) have been used and are being held or subsequent reuse, (iii) are being held for treatment, or (iv) are being held for storage.

See "zoning district."

A principal place of housing for students engaged in any form of higher education.

A wind turbine design in which the wind strikes the supporting tower before striking the turbine blades.

See "residence."

As used in Article X and elsewhere in this chapter, a facility on a lot, the primary function of which is to either raise or lower the voltage of electric current transmitted into or out of said station, together with all supporting facilities and equipment for said station.

For the purposes of this chapter, energy creating devices shall be wind turbines, wind turbine towers and commercial communication, broadcast, transmission and cellular communication towers.

A person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees to offers to privately model lingerie or to privately perform a striptease for another person.

Substances capable of undergoing decomposition or combustion with great rapidity, evolving much heat and producing a large volume of gas. The reaction products fill a much greater volume than that occupied by the original material and exert an enormous pressure, which can be used for blasting and for propelling, e.g.: TNT, dynamite, nitroglycerin and ammonium nitrate.

The mining, quarrying, drilling for and on-site processing of sand, clay, dolomite, shale, gravel, topsoil, or similar materials. For the purpose of this chapter, borrow pits (excavations for removing material for filling operations) which exceed 2,000 tons in a one-year period are considered extractive industry.

An antenna or transmission tower, wind turbine or other energy creating device and related structures and components.

Any building used for the care of not more than six elderly or disabled adults for part of a twenty-four-hour day by a resident of a dwelling, such care to include personal assistance, development of skills for daily living and opportunities for social contact, excluding, however, the care of an adult or adults given by relatives.

See "child care, family."

A structure of wood, masonry, plastic, metal or other materials, excluding hedges, that prohibits unrestricted travel or view between properties or portions of properties or between the (street) or public right-of-way and property, artificially erected for the purpose of privacy or protection, or for the purpose of limiting ingress and egress by persons or animals.

See "lot, flag."

The length of the boundary line of a lot abutting on the public highway right-of-way, or the distance between the side lot lines extended to the highway. In the case of lots that bound on a lakeshore, the length of the boundary line abutting the lake, or the distance between the side lot lines extended to the mean high water mark, on a line or lines running parallel to the general shoreline.

A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing, element, or indirectly by reflection or refraction from any. part of the luminaire, is projected below a horizontal plane through the luminaire's lowest light emitting part.

As used in Article XIII and elsewhere in this chapter, a facility on a lot the primary function of which is to explore and/or drill for and extract natural gas reserves from beneath the surface of the earth, together with all supporting facilities and equipment for said operation.

The average finished ground level of the land where the perimeter of a building or structure meets the ground.

See "child care, group."

A private gymnasium, athletic, fitness, health or recreational facility, reducing salon or weight control establishment.

Planted or naturally grown material that is intended to prohibit or inhibit unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property for the purpose of privacy or protection.

Any one of the following: (a) more than 20 one-way trips by high-impact trucks to or from the site of the proposed use during any twenty-four-hour period at any time during the duration of the use; or (b) more than 50 one-way trips by high-impact truck to or from the site of the proposed use during any seven-day period at any time during the duration of the use; or (c) more than 700 one-way trips by high-impact truck to or from the site of the proposed use during any 365-day period during the duration of the use.

High-impact industry uses or operations that are more likely than not to generate cumulatively (in aggregate) five or more points from any of the following impacts in the Town at any time during such use or operation:

An occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a dwelling, including but not limited to dressmaking, hairdressing, cooking, baking, and meal preparation for consumption off premises, wholesale or retail sales not involving the display of goods, woodworking and metalworking, word and data processing, and which does not affect the use of the property for residential purposes or alter the exterior residential character of the property.

A building or buildings within which overnight accommodations are offered on a daily rate to paying transient guests, and which may provide additional services such as restaurants, meeting rooms, recreational facilities and shops for the sale of gifts and incidental items to guests.

A building, facility or organization catering exclusively to members and their guests, including provisions and facilities for hunting and hunting activities; provided, however, that there are not conducted any vending stands, merchandising, or other commercial activities except as shall be incidental to the operation and maintenance of the facility and generally for the membership and purposes of the club. Motorized vehicle racing is prohibited.

Any material or surface that substantially reduces or prevents the infiltration of water into the ground, including areas covered by buildings, conventionally surfaced roads and highways, driveways and parking lots, sidewalks, and gravel driveways and parking areas.

The manufacture of finished products or parts, predominantly from previously processed or prepared materials, including processing or fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.

A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semisolids) are injected into the subsurface and 90% or more of such fluids do not return to the surface within a period of 90 days. The definition of injection wells does not include: (a) septic systems, (b) drainage wells used to drain surface fluids, primarily storm runoff, into the ground, (c) geothermal wells associated with the recovery of geothermal energy for heating or production of electric power, or (d) bore holes drilled to produce potable water to be used as such.

See "hotel."

Any place or facility where more than four dogs over the age of four months are kept for the purpose of breeding and selling such animals; or where the business of boarding dogs not owned by the owner or occupant of the property is conducted for compensation.

The sound pressure level that is exceeded 90% of the time for which the measurement is taken.

Property that fronts on Canandaigua Lake.

Any water use of over 100,000 gallons of water in any thirty-day period. Large scale water use does not include water withdrawn for agriculture use, for emergency uses such as firefighting, or for drinking, recreational, cooking, washing, or sanitary purposes and used within the Town.

An average of sound energy over time. By its derivation, LEQ does not express the maximum or minimum sound pressure levels that occur in a given (measured) time period.

A building or buildings in which overnight accommodations and meals may be offered to paying transient guests, where such use is secondary to an active farm operation.

Any single parcel of real property as recorded by the Yates County Department of Real Property Services. The terms "plat" and "parcel" are included in this definition.

A lot or parcel of land which is utilized for the purpose of farming, dairying, pasturage, crop production, orchards, vineyards, animal and poultry husbandry, floriculture, apiculture, horticulture and silviculture, and for the necessary accessory uses for packing, treating or storing the products of an agricultural operation.

All of the land between the boundary lines of a lot, but not including any portion of the public highway right-of-way that may be included in the deed description of said lot.

A lot or parcel of land abutting two or more public or private roads or highway rights-of-way at their intersection, or on two sections of the same road or highway.

That portion of a lot covered by all buildings or structures on a lot or parcel, including concrete, asphalt or similar surfaces used for parking, sidewalks, drives and roads.

The distance from the front lot line to the rear lot line of a parcel measured along one side lot line.

A lot meeting the minimum lot area, lot width and lot depth requirements of the zoning district within which it is located, and is connected to a public road or highway right-of-way by a strip of land at least 20 feet wide.

A boundary line of a lot.

The lot line or lines of a parcel coterminous with a public highway right-of-way or private road or approximately parallel with and nearest to a public highway right-of-way or private road, as determined by the Code Enforcement Officer, or, in the case of lots that bound on a lakeshore, the line coterminous with or approximately parallel with the mean high water line.

The lot line or lines of a parcel on the opposite side of said parcel from a public highway right-of-way or private road or approximately parallel with and nearest to a public highway right-of-way or private road, as determined by the Code Enforcement Officer.

Any lot line that is not a front or rear lot line.

A lot or parcel of land which is utilized for any purpose other than for agriculture as defined in this chapter.

The horizontal distance between the side lot lines, measured from the point where each side lot line intersects with the maximum front yard setback line.

A complete lighting unit, including a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; a light fixture.

A dwelling which is factory-built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and which is transportable in one or more sections, is affixed to a chassis with axles and wheels for transport, and designed to be placed on a permanent or temporary foundation.

A facility for berthing, servicing, fueling, launching and storage of private watercraft that may also include the sale, lease, rental or charter of watercraft, the sale of fuel, marine products and accessories, and incidental supplies for watercraft owners, crews and guests.

An establishment for temporary occupation by persons who are sick or injured for the purpose of medical diagnosis and treatment, including clinical, temporary, surgical, laboratory and emergency medical services; to include dentist.

A dwelling which is factory-built, transportable in one or more sections, is affixed to a chassis with axles and wheels, and designed to be placed on a permanent or temporary foundation, but which is not built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401).

See "hotel."

See "residence, multiple-family."

Existing conditions, configuration or environmental condition of land in question prior to disturbance of applicant.

A building, structure or use of land existing at the time of the enactment of this chapter which does not conform to the zoning regulations of the district in which it is situated.

A commercial facility which primarily includes the sale of trees, shrubs, plants, and utensils incidental to gardening. This shall not be interpreted to include the large-product retail sales of farm equipment and implements.

An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

A person who occupies, controls, possesses or uses premises.

To use premises for their intended purposes, to be in possession of or to employ.

An industrial use that includes storage outside of an enclosed building of raw materials, components, equipment, products, by-products, waste, deleterious substances or other materials, either as a primary activity, or as an accessory use or incidental to another activity or use.

The holding, keeping or storage outside of an enclosed building of any chemicals, petroleum products, or deleterious substances, in total quantities of greater than 200 pounds or 250 gallons at any time during the use.

See "lot."

A parcel of land in public or private ownership available to the public for daytime and evening recreational, educational, cultural or scenic purposes, intended for use by residents living within a few miles of the facility.

The Planning Board of the Town of Italy.

See "lot."

A lot and all buildings and structures thereon.

A tract of land dedicated to the protection of one or more scenic or environmental attributes, including but not limited to flora, fauna, geological features, lakes, streams, wetlands or other hydrological features.

Main, primary or chief, as in principal use, principal building and similar conjunctions.

The building on a lot which provides housing for the owner of tenants or, in a Business or Industrial Zoning District, the largest building on the lot.

One or more power generators of more than 1,000 horsepower in the aggregate, fueled by diesel, oil, gas, propane or other fossil fuel, the primary function of which is the provision of electricity to an industrial use.

Portions of a lot or lots owned by an individual or individuals or a nonpublic agency, entity or organization, which are occupied, or intended to be occupied, by transmission main, gas pipe lines, rails, special use, private drive or private road or any combination thereof.

The place of business or practice of an accountant, architect, landscape architect or other design professional, doctor or other duly licensed medical practitioner or therapist, dentist or orthodontist, engineer, insurance agent, lawyer, real estate agent or broker, securities broker or similar profession, or the place of business or practice of a group of such professionals operating as a partnership, corporation or other legal business arrangement.

As used in Article XI, § 350-74, a special use permit application.

As used in Article XII, a site plan application.

Lands owned or otherwise legally occupied by public municipality or agency for use as a street or for other public purposes.

A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz; or by 15 dBA for center frequencies less than or equal to 125 Hz.

See "park, private/public."

A building or structure designed or used as permanent living quarters for one or more persons.[1]

A temporary or permanent structure that is clearly accessory to an agricultural operation and occupied by farm workers employed on the premises and their families.

A building or structure situated on a single lot containing three or more dwelling units.

A building or structure situated on a single lot containing one dwelling unit.

A building or structure situated on a single lot containing two dwelling units.

An establishment at which food is sold principally for consumption on the premises to patrons seated within a closed building.

An establishment or facility, the primary function of which is to engage in retail sales and service activities, together with all supporting facilities, buildings and equipment required for the operation and/or maintenance of said business.

See "private right-of-way" and "public right-of-way."

An open way for vehicles, persons or animals.

A temporary or permanent accessory structure, wagon or trailer, not exceeding 240 square feet in size, erected or placed for the purpose of retail sale of produce, baked goods, and handicraft items to the public.

A facility for the processing of timber logs into forestry products such as milled lumber, cants, treated posts, firewood and wood by-products such as slab wood, wood chips, bark chips and sawdust, and including planing, treating and sizing facilities, kilns, storage yards and accessory maintenance facilities incidental to sawmill operations.

A place or establishment for teaching and learning.

A building comprised of small self-contained units that are leased to individuals or businesses for the storage of household or business goods and supplies.

A state of dress in which clothing covers no more than the genitals, pubic region, and/or areolas of the female breast, as well as portions of the body covered by any supporting straps or devices.[2]

The State Environmental Quality Review Act adopted pursuant to the New York State Environmental Conservation Law (16 NYCRR Part 617) to incorporate the consideration of environmental factors into the planning, review and decisionmaking processes of governmental agencies.

The distance between any building, structure, or tower on a lot or parcel of land and a property (lot) line.

The distance from the front lot line to any building, structure, or tower on a lot.

The distance from the rear lot line to any building, structure, or tower on a lot.

The distance from the side lot line to any building, structure, or tower on a lot.

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

The visual effect of viewing the rotating WTG rotor blades when they are in a position between the receptor (person viewing them) and the sun and/or the strobe lighting effect of this condition as perceived by the receptor either directly or indirectly (as in a reflection off a light colored wall).

The word "shall" is intended to be mandatory without exception.

See "yard, side."

Any sign that is used to advertise or call attention to a place, business, person, event, product or service offered at a location or locations different from the lot or parcel of land on which the sign is located.

See "residence, single-family."

A plan for the development or use of one or more lots or parcels of land that is prepared and presented to the Town Planning Board/Zoning Board of Appeals for site plan review and consideration of approval pursuant to applicable sections of this chapter.

A use that is allowed in a particular district, but only if it meets the conditions and requirements of the law.

The male genitals and/or the vulva or more intimate parts of the female genitals, the male or female anus or the areola and/or nipple of the female breast.

Any activity intending to or actually arousing sexual desire, including but not limited to:

A facility where one or more horses are kept for riding, driving, training, breeding, sale, or are boarded for a fee, including indoor and outdoor riding arenas and paddocks.

A vehicle storage or parking facility or location capable of use for the storage, parking or operation of more than 20 high-impact trucks at the same time.

A building or assembly of materials for occupancy or use. For purposes of this chapter, fences, flagpoles, mailboxes, paved areas, walkways, patios, septic systems, wells and other minor structures including but not limited to dog houses, swings and other play apparatus shall be excluded.

A development activity which will likely disturb the existing surface or in more than two acres of land.

Any structure above or in ground designed for capacity of more that 24 inches of water in depth. For the exclusive use of primary residences.

As used in this chapter, the Town of Italy, Yates County, State of New York.

The duly elected Town Board of the Town of Italy.

A construction or service industry trade or arts or crafts (including the musical arts) business or enterprise owned and operated by a resident of the principal dwelling on a lot, which may be engaged in retail sales or services on the premises, and which does not employ more than 10 persons not residing on the premises.

See "residence, two-family."

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

The authorization by the Planning Board/Zoning Board of Appeals of the Town of Italy for the use or employment of land or structures in a manner that is not allowed in this chapter.

A device that converts the kinetic energy of the wind by the use of a set of rotating blades and is usually elevated from ground level on a tower that produces electrical or mechanical power.

A wind turbine that provides electrical or mechanical power to an individual agriculture operation and can be the primary or a secondary source of energy; sale or credit of excess energy to the utility grid is permitted as a tertiary use.

A wind turbine that provides electrical or mechanical power to an individual home occupation other single commercial enterprise and can be the primary or a secondary source of energy; sale or credit of excess energy to the utility grid is permitted as a tertiary use.

The total height of the wind turbine structure, including the turbine blade with that blade in its most vertical position.

A wind turbine or series of wind turbines in a facility, whose primary purpose is to generate electricity which is fed into and sold to the electric power grid.

A wind turbine that provides electrical or mechanical power to an individual residence and can be either the primary or a secondary source of energy; sale or credit of excess energy to the utility grid is permitted as a tertiary use.

Wind turbine generator.

The unoccupied space, open to the sky, within a lot containing one or more buildings.

The land between the public highway right-of-way and the front line of the principal building on a lot and extending to the side lot lines of the lot. In the case of lots that bound on a lakeshore, the land between the mean high water mark and the front line of the principal building on a lot and extending to the side lot lines of the lot.