As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTUREA detached building or structure which:
A. Is located on the same parcel as the principal building.
B. Is customarily incidental and subordinate to, and serves a principal building.
C. May not provide living space nor shall be used as a dwelling.
D. Contributes to the comfort, convenience or necessity of occupants of the principal building use.
E. This definition shall include detached decks.
F. This definition does not include devices previously used or intended for highway use.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically or mechanically controlled still or/motion-picture machines, projectors 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 specified sexual activities or specified anatomical areas.
ADULT ART FORMThat which stresses technical knowledge and proficiency, cunning, ingenuity and subtlety in devising, inventing or executing acts or displays, which the depicting of specified sexual activities, states of nudity or exposure of anatomical areas characterizes.
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its principal business purposes, offers for sale or rental of any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, DVDs, videocassettes or video reproductions, slides or other visual representations, or any future technology, which depict or describe specified sexual activities or specified anatomical areas.
B. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
C. Adult Internet usage. Offering the usage of computer for personal use to access the Internet either for free or rental, for a preset amount of time at a preset rate.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity; or seminude;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depicting or description of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
AGRICULTURAL WIND ENERGY FACILITYA system consisting of supporting tower(s) and wind turbine(s), with associated plant and equipment, used primarily to generate electrical power for agricultural purposes, to include all farm uses and residence of farm owner or tenant of property; regulated and taxable as farm asset. The farm operation shall be seven acres or larger and generate annually a minimum of $10,000 of farm income.
AGRICULTURE (FARMING)The use of land for agricultural production purposes including, tilling of the soil, dairying, pasture, animal and poultry husbandry, apiculture, arboriculture, horticulture, floriculture, viticulture, and accessory uses for packing, storing, processing and retail sales of agricultural products, provided that the operation of any such accessory uses shall be secondary to that of the principal agricultural production activities.
AIRPORTAny facility for the purpose of engaging aircraft to flight.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
ALTERNATIVE ENERGY SYSTEMSStructures, equipment, devices or construction techniques used for the production of heat, light, cooling, or electricity or other forms of energy on-site, and may be attached to or separate from the principal structure. Current examples include wind energy conversion systems, solar collectors and solar green houses, heat pumps or other related devices.
AMUSEMENT CENTERAny indoor place or enclosure which is maintained or operated for the amusement, patronage, or recreation of the public, with three or more coin-controlled amusement devices, including the types commonly known as bagatelle, baseball, football, pinball, and video games.
ANEMOMETERIs an instrument used for the measuring of wind force, direction and velocity.
ANIMAL HOSPITALA business that treats animals and regularly houses them on the premises overnight and for extended periods for treatment.
AS BUILTWhen construction conditions require changes to contract drawings, they are so noted and described on final drawings of record.
BAIT AND TACKLE SHOPStore for retail sales of live bait, fishing equipment and small fishing accessories.
BASEMENTThat space of a building that is partly below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of grounds adjoining the building.
BED-AND-BREAKFASTA single-family, owner-occupied dwelling where overnight lodging, with or without the service of meals, is offered to a maximum of eight transient guests for compensation. Such use shall be clearly incidental and secondary to the principal use of the dwelling. This term includes hostels and tourist home establishments, but does not include motels, hotels, tourist courts, motor lodge, tourist cabins or similar terms.
BUILDINGAny structure that is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals, property or the operation of a business.
BUILDING HEIGHTThe vertical distance measured, in the case of a building with a flat roof, from the curb level to the level of the highest point of the roof beams, and, in the case of a building with a pitched roof, from the curb level halfway between the top of the plate and the ridge, but not including chimneys, spires, mechanical penthouses, towers, tanks, and similar projections.
BUILDING, FARMAny building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm as defined herein.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
BUSINESSIncludes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance, commodity, or service, tangible or intangible, and includes offices and commercial buildings, recreational and amusement enterprises, and any operation where the above-described activities are conducted in return for remuneration or consideration of any type. For the purpose of this chapter, "business" shall have the same meaning as "commercial," and reference to commercial districts or zones shall be interpreted as referring to business districts.
BUSINESS, CONVENIENCESmall commercial establishments catering primarily to nearby residential areas providing convenience goods and services including but not limited to grocery stores (of less than 6,000 square feet in gross floor area), drugstores, beauty salons, barber shops, carry-out dry cleaning and laundry pickup stations.
BUSINESS, DRIVE-INA traffic-generating facility where a product is sold or a service is performed for customers who enter the premises or while they are in or near their motor vehicles in off-street parking or service areas. This term shall include drive-in outdoor theaters, drive-in banking, drive-in photo processing, fast-food establishments, auto-washing facilities, restaurants, taverns, refreshment stands, and similar uses. This term shall not include retail fuel outlets.
BUSINESS, GENERALAny establishment engaged in sale of goods or services not otherwise identified in this section.
BUSINESS, SERVICEA commercial establishment primarily providing services rather than selling products.
CAMPGROUNDA parcel of land used or intended to be used, let, or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.
CAMPING UNITSAny vehicles used or arranged for temporary living or sleeping purposes, mounted on wheels and drawn by a power-driven vehicle, or such a vehicle having its own wheels removed, or self-propelled unit.
CARPORTA roofed structure without enclosing walls, used for the storage of one or more motor vehicles.
CHARTER BOAT SERVICEA waterfront facility having docks and moorings for small boats, where engagement of services include a boat, crew, and captain for a fee, or other remuneration.
CHURCHAny structure used for worship or religious instruction including social and administrative rooms accessory thereto.
CLUBAny organization catering to members and their guests, or a building or premises used for recreational, general, social, or athletic purposes not open to the general public. Clubs shall not be conducted primarily for gain, and vending stands, merchandising, or commercial activities shall not be conducted except as required for membership and purposes of such club. For the purpose of this chapter, this term shall include religious organizations, lodges, fraternal organizations, mutual benefit societies, and other like organizations.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS)A wind energy conversion system (WECS) consisting of one wind turbine, one tower, and associated control or conversion electronics and delivery system, which has a rated capacity greater than 250 kilowatts and a total height of no more than 450 feet.
CONDOMINIUMA condominium shall be regulated as a dwelling. It shall be regulated as a dwelling, two-family, if it contains two dwelling units. It shall be regulated as a dwelling, multiple-family, if it contains three or more dwelling units.
DAY CAREIncludes the following:
[Amended 9-17-2013 by L.L. No. 1-2013]
A. CHILD DAY CARECare for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of said child, and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 413 entitled "Child Day Care," or Social Services Law § 390(1)(a).
B. FAMILY DAY-CARE HOMEThe day care of not more than six children provided in a family home, and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 417 entitled "Family Day Care" or Social Services Law § 390(1)(e).
C. GROUP FAMILY DAY-CARE HOMEThe day care of seven or more children away from their homes and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 416 entitled "Family Day Care" or Social Services Law § 390(1)(d).
D. DAY-CARE CENTER (COMMERCIAL)A commercial day-care center, including adult day care, shall be defined as a freestanding structure, not part of an existing residence or structure, which is not a residential day-care home as defined in this chapter.
DEVELOPMENTAny change made to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.
DRY DOCKING OF BOATSThe process of moving a ship or boat from the water to dry land or removing water around a ship to enable work to be performed on the exterior part of the ship below the waterline. Dry docks are used for the construction, maintenance, and repair of ships, boats, and other watercraft.
DWELLINGAny building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons. Structures which do not have permanent or approved sanitation facilities shall not be considered a residential dwelling. The minimum gross habitable floor area of any dwelling shall not be less than 768 square feet.
A. SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
B. TWO-FAMILYA detached residential building containing two dwelling units, designed for occupancy by not more than two families. This term shall include duplexes.
C. MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.
D. SEASONAL HOMEA dwelling unit intended for occupancy only during certain seasons of this year, principally for recreational use by the owner, including beach cottages, hunting cabins, vacation cottages, summer cottages and vacation lodges.
DWELLING UNITOne room or rooms connected together for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities, designed for occupancy by one family.
ELECTRONIC AND ELECTRONIC MAGNETIC INTERFERENCEInterference to satellite towers, microwave transmissions, cell communication towers and "ghosting" of television reception caused by electronic reflections of electrical-generating facilities.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association, who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESSENTIAL SERVICES AND PUBLIC UTILITIESErection, construction, operation, or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities, but shall not include telecommunication facilities as defined herein, and shall not include wind energy facilities (including infrastructure supporting wind energy facilities), landfills, waste transfer stations or other facilities with the primary purpose of handling or disposing of household or industrial waste.
ESTABLISHMENTIncludes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
EXCAVATION (QUARRY, SAND PIT, GRAVEL PIT)A lot or land or part thereof used for the purpose of extracting stone, sand, or gravel for sale, as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning permit. The stripping and sale of topsoil shall not be allowed.
FAAThe Federal Aviation Administration.
FALL ZONEMeans an area designed to contain the accidental failure of a vertical structure should be it toppled by vandalism, structural or unknown reasons.
FALL ZONE (FOR WIND ENERGY SYSTEMS)A distance of 1 1/2 times (150%) the wind energy system height as measured as a vertical distance from the preconstruction or postconstruction grade, whichever is lower, at the tower base to the highest point (apex) of the rotor blade.
FAMILYA. A householder plus one or more persons related by blood, marriage or adoption and limited to the spouse, parents, grandparents, children, grandchildren, brothers or sisters of, the householder, or of the householder's spouse, living together as a single, not-for-profit housekeeping unit sharing kitchen facilities; or
B. A group of persons headed by a householder caring for a reasonable number of children in a family-like living arrangement which to all outward appearances is the functional equivalent of a family of related persons; or
C. A maximum of two persons not sharing a relationship as described above.
FARM LABOR CAMPAny structure or combination of structures, building or buildings in which people are housed on a farmer's own land who are employed in the individual farmer's personal farming operation, on that farmer's land or land that he has under his control by a valid and existing lease.
FARM LABOR HOUSINGAny structure or building or combination of structures or buildings situated on a farmer's own land, in which are housed or intended to house three or more persons not related by blood or marriage, who are employed by the farmer, and at least 51% of those housed in the farm labor housing are used in connection with the farmer's personal farming operation.
[Added 9-17-2013 by L.L. No. 1-2013]
FARM MARKETThe use of any permanent building for the sale of produce or other related farm products grown primarily on the related farm. It may also include for sale food or craft items related to the business.
[Added 9-17-2013 by L.L. No. 1-2013]
FARM OPERATIONSThe land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including commercial horse boarding operations, timber processing, compost, mulch or other biomass crops. A farm operation shall also include the production, management and harvesting of farm woodland. For purposes of this section, a "farm operation" is defined in Article 25AA, § 301, Subdivision 11, and § 301, Subdivision 2, of the New York State Agricultural and Markets Law. Farm operations may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
FARM PRODUCE STANDThe seasonal use of a nonpermanent stand for the sale of produce and similar related agricultural items.
[Added 9-17-2013 by L.L. No. 1-2013]
FENCEAn enclosure or barrier, made of wooden or metal posts, boards, rails, plastic, chain-link mesh or similar type materials, used as a boundary, decorative enclosure, means of protection, or confinement.
FISH CLEANING STATIONA structure designed for the sanitary wash down, gutting, and filleting of fish, as well as the storage and disposal of wastes associated with the fish cleaning process.
FLOOD HAZARD DISTRICTRefer to Chapter
93, Flood Damage Prevention, as authorized by the New York State Constitution, Article
IX, Section 2, and Environmental Conservation Law, Article 36.
FLOOR AREA, GROSSFor the purpose of applying the requirements for off-street parking and loading, gross floor area in the case of offices, merchandising or service types of uses, shall mean the total floor area to be used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales or merchandise. It shall not include areas used principally for nonpublic purpose such as storage, incidental repair, rest rooms, fitting or alteration rooms or general maintenance of enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLEThe sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business.
FRONTAGEAll of the property abutting on one side of a road, street, or thoroughfare, measured along the road, street or thoroughfare line.
GARAGES, PUBLICAny garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, recreational vehicles, boat and other tangible personal property. Private garages shall be regulated as accessory buildings.
GROUND CLEARANCEThe minimum distance between the lowest point of the rotor blade rotation and ground at the base of a tower.
HOME BUSINESSExcept as stated in §
265-57L, an accessory use conducted within a single family, occupied dwelling or an attached or detached accessory structure (including a barn) for gainful employment involving the manufacture, provision, or sale of goods and services principally on the premises.
HOME OCCUPATIONAn accessory use conducted within a single-family, occupied home or attached accessory structure for gainful employment involving performance of services which are primarily provided away from the premises.
HOUSEHOLDERAn individual who resides in a dwelling unit and who owns rents or otherwise has legal possession of such unit.
HUB HEIGHTCenter of rotational axis of rotor blades and gearbox (nacelle).
INFRASOUNDSounds produced by such devices as wind-generating equipment below the sound level of the audible level of human hearing, about 20 hertz (Hz), which produces tactful sensation of pressure for some humans and travels farther than higher frequencies.
JUNKYARDA lot, land or structure or part thereof used for the collection, storage, disassembly, packing, sorting, salvaging, buying, selling or exchange of wastepaper, rags, scrap, or discarded material or machinery, or parts of any sort. More than two abandoned, unregistered, disabled, dismantled, or partly dismantled vehicles or pieces of equipment, allowed to remain unhoused on a premises for a period of more than 30 days shall constitute a junkyard. Also, the unhoused storage, sale, abandonment of wastepaper, rags, scrap metal, discarded materials, or the collecting dismantling, storing, salvaging or abandonment of machinery, appliances or vehicles not in operating condition shall constitute a junkyard. "Automobile junkyards" as defined in General Municipal Law § 136 shall be included within this definition.
KENNELAny lot or premises on which four or more domestic animals more than four months of age are housed, groomed, bred, boarded, trained, or sold.
KILOWATT (KW)A unit of measurement of electrical power equal to 1,000 watts.
LAKE ONTARIO HIGH WATER MARKThe waterside boundary of the Town of Kendall that coincides with the mean high landward line along Lake Ontario as measured at 248.8 feet above sea level on the International Great Lakes Datum.
LAKE ONTARIO PROPERTYResidential property located in the Waterfront Residential (WR) and Waterfront Development (WD) districts that have setbacks, conditions, or requirements unique to the lakeshore, and shall have the following classifications:
A. Lakeshore property. Property that adjoins the Lake Ontario shoreline and is provided access by a private or Town road that runs parallel to the shoreline.
B. Lakeview property. Property whose front adjoins the private or Town road that is shared and common with lakeshore property.
C. Combined lakeshore and lakeview property. Lakeview property that is combined with lakeshore property to increase the size of a lakeshore lot. A private or Town road generally goes through the middle of the combined lots and provides access to the property.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)Provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42) and implementing regulations (6 NYCRR 601) concurrent with U.S. Coastal Zone Management Act of 1972, as amended.
LOTA parcel or area of land, the dimensions and extent of which are determined by the latest official records or recordings.
LOT (CORNER)A parcel of land at the junction of, and fronting on two or more intersecting street, roads, or thoroughfares.
LOT (THROUGH)An interior lot having frontage on two parallel of approximately parallel streets, roads, or thoroughfares.
LOT AREAThe square footage or acreage contained within the boundaries of a lot determined by the latest official records or recordings. Any portion of the lot that includes a public or private road, street or highway right-of-way shall not be included in calculating lot area. Due to continued Lake Ontario erosion, the lakeshore property lot area used to determine accessory structure ground floor footage shall include only land up to the current embankment at the water's edge.
LOT DEPTHThe mean distance from the center line of the street to the lots opposite rear line measured in the general direction of side lines of the lot.
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the highway. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to highways shall be considered frontage, and yards shall be provided as indicated under "yard" in these definitions.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
MARINAA lot, building, structure, pier, dock or portion thereof located with shoreline frontage and access to navigable water and used for the launching, mooring, rental, sale, fueling and/or repair of watercraft and may include boat storage, boat launch facilities, and such sales of bait, tackle and marine supplies as may be accessory to such marinas. The term "marina" shall include "yacht club," but shall exclude noncommercial facilities that are accessory to a single or multiple-family residence.
MEGAWATT (MW)A unit of measurement of electrical power equal to 1,000,000 watts.
METEOROLOGICAL TOWERS (MET TOWERS)Any commercial equipment and tower used to collect atmospheric data such as temperature, wind speed and direction. The data is used to evaluate the feasibility of installing commercial wind energy conversion systems (CWECS). MET towers are temporary structures and are intended to be removed at the end of the data collection period.
MICROWAVE TOWERSDirectional parabolic-shaped equipment placed on towers used to transmit high frequency signals beamed from one point to another.
MININGThe use of an area of land to remove minerals, metals or other items of value from the ground for a profit, including gas and oil wells.
MOBILE HOME PARKAny site, lot, field, plot, parcel or tract of land on which two or more mobile/manufactured homes are parked or located, and for which either the said premises or mobile/manufactured homes are offered to the public for a fee of any type, including cost sharing. This includes the rental of the said premises and/or the mobile/manufactured homes.
MOBILE MANUFACTURED HOMEA factory-manufactured home, built on a permanent steel-framed chassis and designed to be transported to a site in one or more sections, which is intended to be used as permanent living quarters by a single family unit when connected to the required plumbing, heating and electrical utilities. For the purposes of this chapter, the removal of transport wheels and/or the anchoring of the home to a permanent foundation shall not remove it from this definition. This term shall include double-wide mobile/manufactured homes.
MODULAR HOMEA factory-manufactured home having no permanent support frame and designed to be transported to a site in one or more sections for erection, construction, or installation as a permanent structure. Modular homes shall be affixed to a permanent site-built foundation and shall meet the requirements of the New York State Uniform Fire Prevention and Building Code. For the purposes of this chapter, modular homes shall be regulated as a dwelling.
MOTELA building or group of buildings, whether detached or in connected units, containing transient and/or permanent lodging facilities for nine or more guests. Accessory facilities such as such as restaurants, meeting rooms, retail business activities and other similar services, which solely accommodate the motel patrons and not the general public, are allowed. The term motel includes buildings designated as auto cabins, auto courts, motor lodges, tourist courts, hotels and similar terms.
MOTOR VEHICLEAny vehicle designed to be propelled or drawn by power other than muscle power. This term shall include automobiles, trucks, buses, motorcycles, tractor-trailers, motor homes, snowmobiles, garden and lawn tractors. This term shall not include equipment used solely for agricultural purposes.
MOTOR VEHICLE REPAIR SHOPA building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles for compensation.
NACELLELarge enclosure placed at the top of supporting tower, housing equipment such as the generator, gearbox, drive train, rotor blades and hub and breaking system.
NET METERINGAn exchange of excess electricity between owner of generating facility and utility company. The utility company may accept over generation beyond the owner's needs and allows the metering system to reverse spin, thereby crediting producer under an interconnection agreement.
NONCONFORMING LOT, BUILDING, OR STRUCTUREA lot, building, or structure legally existing at the time of enactment of the ordinance or any amendment thereto, and which does not conform to the area regulations of the district or zone in which it is situated.
NONCONFORMING USEA use of land legally existing at the time of enactment of this chapter and which does not legally conform to the regulations of the district or zone in which it is located.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITYThe appearance of a human bare buttocks, anus, male genitals, female genitals or full female breast.
OVERLAY DISTRICTA district that encompasses one or more underlying districts and that imposes additional requirements above that required by the underlying district.
PARKING SPACESpace available for the parking of one motor vehicle and having an area of not less than 200 square feet (10 feet by 20 feet), exclusive of passageways and driveways giving access thereto.
PARKING SPACE, OFF-STREETAn off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.
PERMITTED USEA land use allowed under the regulations of this chapter.
PERMITTEE and/or LICENSEEA person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
PILOT PROGRAM(Payment In Lieu of Taxes) A program implemented as replacement of revenue lost to towns by State of New York Tax Exemption Law for renewable energy systems (Real Property Tax Law § 487).
PREMISEA tract of land and the buildings and structures thereon.
PRIVATE AIRPORTSAirports for the exclusive use of the property owner, householder or the owner's or householder's family members.
PROFESSIONAL OFFICESThe office or place of business where professional services are offered and does not involve the sale of goods, or the keeping of a stock-in-trade. Professional offices include but are not limited to medical doctors, dentists, surgeons, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.
PROFESSIONAL SERVICEA specific activity performed by a qualified person(s) which requires training and/or specialized study.
PUBLIC AND SEMIPUBLIC BUILDING AND GROUNDSThis definition is designated to, but not limited to, any one or more of the following uses, including grounds and accessory buildings necessary for their uses:
A. Churches, places of worship, parish houses and convents.
B. Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. Nursery schools, elementary schools, high schools, colleges or universities.
D. Golf courses and country clubs; however, not including clubs whose activities include the maintenance, storage or takeoffs or landings of aircraft.
E. Public libraries and museums.
F. Not-for-profit fire, ambulance and public safety buildings.
G. Proprietary or not-for-profit hospitals for the care of human beings, nursing homes, convalescent homes, homes for adults, homes for the aged as the same are defined under the Public Health Law or the Social Services Law of New York.
H. Not-for-profit membership corporation established for cultural, social, or recreational purposes.
I. Recreational facilities, either for profit or not for profit, such as swimming, tennis, platform tennis, bowling, hockey, ice skating, or other indoor or outdoor sports.
RECREATION AREARecreation area is the sum of all open or covered areas used for recreation purposes.
RESIDENTIAL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics, which has a maximum rated capacity of 30 kilowatts (30 kw) and a total height not to exceed 65 feet on parcels between two and less than five acres and 120 feet on parcels of five or more acres.
RESTAURANTAny establishment, however designated, at which food or drink is sold for consumption to patrons seated within an enclosed building or on the premises. Restaurants shall be regulated as a "business, drive-in."
RETAIL, FUEL OUTLETAny establishment that sells gasoline, diesel, kerosene, propane, or similar fuels to the public. This includes service stations, convenience stores, car washes or any other facility that sells fuels.
RIDING STABLEAny use housing animal livestock, such as horses, and providing such livestock to the public for riding on a pay per-use or fixed-fee basis.
RIGHT-OF-WAYLand set aside for use as a street, alley, or other means of travel.
ROAD, LOCALStreets which primarily function to give direct access to abutting property. Local roads are the internal part of the system to provide movement within residential or to other land use areas.
ROAD, MAJORStreets or highways connecting through roads with each other.
ROADSIDE STANDA partially enclosed temporary structure generally utilized for the sale of farm produce. Such stands shall be situated so as to permit patrons to drive completely off the roadway while purchasing products. No stand shall operate in excess of six months per year. Any stand operating in excess of six months per year shall be regulated as a home business.
SATELLITE PARABOLIC ANTENNAA dish-shaped accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a satellite in planetary orbit.
SEASONAL SERVICE RESTAURANTA restaurant which operates only seasonally and has a seating capacity of 25 or less people. Included are coffee shops, lunch counters, and ice cream parlors.
SEMINUDEA state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SETBACK, BACKThe required open, unoccupied space measured from the rear lot line to the nearest part of the main or accessory structure.
SETBACK, FRONTThe required open space between the center of the road and the front of the main structure, but not including entrance steps. Parcels with Lake Ontario frontage in the Waterfront Development (WD) and Waterfront Residential (WR) Districts shall have their front setbacks measured from the Lake Ontario high water mark.
SETBACK, SIDEThe required open, unoccupied space measured from the side lot lines to the nearest part of the main or accessory structure.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female person and/or persons of the same sex when one or more of the person is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SHADOW and FLICKEREffect of sunrays passing the rotating blades of a wind energy generating system similar to the effect of strobe lighting.
SHEDSee "utility building."
SIGNAny device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Planning Board.
SITE PLAN REVIEWA review and approval process, conducted by the Planning Board, whereby site plans are reviewed utilizing criteria stated in this chapter.
SOLAR ACCESSSpace open to the sun and clear of overhangs or shade.
SOUND PRESSURE LEVEL or SOUND LEVEL (dBA)A logarithmic measurement of sound pressure (sound level) fluctuation produced by a particular source of sound as compared to a reference (background) sound pressure level. Sound pressure shall be expressed in decibels, using A-frequency weighting (dBA), which is the most commonly used standard in the United States for the measurement of environmental noise. With human hearing, low- and high-frequency sounds appear to be less loud. A-weighting (A-frequency weighting) reduces the level of low and high frequencies to produce a reading that corresponds approximately to what humans hear. The measurement of sound pressure levels shall be performed in accordance with the latest revision of International Standards for acoustic noise measurement techniques for Wind Generators (IEC 61400-11) or other industry accepted procedures.
SPECIAL PERMIT USESThose particular uses which are specifically permitted in a given district only when conditioning criteria enumerated in this chapter are met.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
STOCK ANIMALThis term shall include horses, cows, goats, sheep, pigs, rabbits, fowl, and other like animals.
STREETLINEThe limit of the street width or highway right-of-way, whichever is greater.
STRUCTUREAnything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. For example, structures include buildings, mobile homes, walls, fences, signs, sheds, billboards and poster panels, docks, and/or similar construction types.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the 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.
SWIMMING POOLAny body of water, or receptacle for water, having a capability of a depth of 18 inches or more at any point, used or capable to be used for swimming, bathing, or wading, and permanently installed or constructed either above or below ground.
TAVERNAny establishment, licensed by the State of New York that engages in the sale for on-premise consumption of alcoholic and nonalcoholic beverages. For the purpose of this chapter, this use shall be regulated as a "business, drive-in."
TEMPORARY USEAn activity or use conducted for a specified limited period of time, not exceeding six months. This term shall include those uses incidental to construction projects, festival tents/refreshment stands, temporary real estate sales offices incidental to a subdivision project, and similar type uses.
TOWERThe support structure, including guyed, monopole and lattice types, upon which a wind turbine, nacelle, generator and other mechanical and electrical devices are mounted.
TOWER HEIGHTThe vertical distance from the preconstruction or postconstruction grade, whichever is lower, at the tower base to the center of the horizontal axis of the rotor blade.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESSIncludes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities, which constitute a controlling interest in the business whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal devises which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TRANSMISSION LINESConductive lines delivering derived power to the electrical grid. These conductors of electrical energy can be installed underground and overhead.
USEThe specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
UTILITY BUILDINGA building, also called a shed or utility shed, made of wood, metal, masonry or man-made materials, used for the storage of personal property. Sheds and utility buildings do not require a wood or cement base or a foundation but must be anchored in such a manner as necessary to militate against wind damage. A utility building shall not be used as a garage for the purpose of parking automobiles and trucks.
VARIANCEA variance is any departure from the strict letter of these regulations granted by the Zoning Board of Appeals as it applies to a particular piece of property. Variances run with the land and are not particular to any one landowner.
VERTICAL AXIS WIND TURBINE (VAWT)One or more mechanical devices, such as wind turbines, with multiple caged blades which are designed and used to convert the kinetic energy of wind into a usable form of energy. The turbine rotates on a vertical axis. The VAWT includes all parts of the system except the tower and transmission equipment.
WATER-DEPENDENT USESLand uses, structures, and/or economic activities that would not exist without a waterfront location.
WATER-ENHANCED USESLand uses that receive added value or importance because of proximity to a shoreline, often functioning as support services for water uses and water-dependent uses.
WATERFRONTProperty that has a shoreline which physically touches public waterways or large bodies of water. Ponds shall be excluded from this definition.
WIND ENERGY CONVERSION SYSTEMThe equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation or support, generator, infrastructure, nacelle, rotor, tower, transformer, turbine, vane, wire, substation, or control facilities or other components used in the system. The turbine or windmill may be on a horizontal or vertical axis. A wind energy conversion system may consist of one or more wind turbines.
WIND ENERGY FACILITYAny wind energy conversion system, including commercial systems, agricultural systems, residential systems or meteorological towers (MET Towers), including all related infrastructure, electrical lines and substations, access roads, and accessory structures.
WIND ENERGY OVERLAY DISTRICTAn overlay district which encompasses part or parts of one or more underlying districts and establishes requirements limited to commercial wind energy conversion systems.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD SALEThe temporary displaying of household items and clothing for sale on a yard, porch or in a barn or garage. No yard sale shall continue at the same location in excess of three weeks per year, after which time the provisions of home occupation shall be met. This term shall include garage sales, barn sales, porch sales, and sales similar in nature.
YARD, FRONTThe space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line.
YARD, REARAn open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory building and open porches.
YARD, SIDEAn open space on the lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet for rain water leaders, window sills, and other such fixtures and open steps.
ZONING CERTIFICATE OF COMPLIANCEA certificate issued by the Zoning Enforcement Officer stating that a structure of the use thereof is in compliance with this chapter.
ZONING PERMITA document issued by the Zoning Enforcement Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses in conformity with this chapter.