A measurement of height from the natural grade of a site to the highest point of a structure.

A second dwelling unit either in or added to an existing one- or two-family dwelling or in a separate accessory structure on the same lot as the primary dwelling for use as a complete, independent living facility, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. An "accessory apartment" is secondary to the primary dwelling and subordinate to it in size and appearance.

A structure detached from a principal building, on the same lot, customarily incidental and subordinate to the principal building or use.[1]

Land used for a farm operation in accordance with Agriculture and Markets Law § 301, uses of which include production of crops, livestock, and livestock products within the past five years.

Coverage for wireless communications facilities is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than -90 dbm for at least 80% of the intended coverage area. It is acceptable for there to be holes within the area of adequate coverage where the signal strength declines further away from the base station (e.g., -95 dbm rather than -90 dbm). For the limited purpose of determining whether the use of a repeater is necessary, there shall be deemed to be inadequate coverage within said holes. The outer boundary of the area of adequate coverage is that location past which the signal does not regain a strength equal to or greater than -90 dbm.

Any property adjoining, directly opposite or within 200 feet of the boundary of any portion of subject parcel; includes all property separated by a road or within 200 feet of the road frontage of subject parcel.

The production, keeping or maintenance, for sale, lease and/or personal use of livestock and/or agricultural commodities, such as crops; vines; plants; trees and forest products; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation program. Any agricultural use of land which is required to be permitted by state law or state regulation is permitted in the Town of Milan. Buildings constructed or renovated for use by or open to the public or guests visiting the property, such as tasting rooms, distilleries, wineries or breweries, shall be subject to site plan approval and/or special use permit approval and shall meet the minimum acreage requirement for that zoning district. This requirement shall not be subject to an acreage variance. The ZEO shall determine whether a proposed use of building requires site plan approval and/or special use permit approval before issuing a building permit.

A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams and girders or in the dimensions or configuration of the roof or exterior walls. "Alteration" also includes any change or rearrangement to the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the removal of a building from one location to another or the demolition of part/entire of a structure.

A facility designed for housing those persons who are unable to live independently at a particular time and providing for their specific needs. These facilities are subject to the New York State Mental Hygiene Law and all other applicable state laws. For purposes of this chapter, "alternative care facility" includes the following specific types of supervised facilities:

A place where animals or pets are given medical or surgical treatment. Short-term boarding shall only be incidental to such treatment.

The keeping, grazing, feeding or caring for animals other than household pets.

Equipment and support structures designed to transmit or receive electronic signals, which may include antennas attached to buildings (mounted on a roof or outside wall) or freestanding antenna, excluding commercial radio, television and other utility transmission towers.

A building used for the sale of old and authentic objects of personal property that were made, fabricated, or manufactured 50 or more years earlier and which have a unique appeal and enhanced value because of their age.

A geologic formation or groups of geologic formations that contain saturated, permeable material, such as sand and gravel, limestone or limestone overlaid with sand and gravel, sufficient to yield significant and usable quantities of water to drinking wells and springs.

The total areas taken on a horizontal plane at the main grade level of any building, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls, irrespective of which floor they are on.

The total area contained within the property lines of an individual parcel of land.

A building or area, the use of which is devoted to the washing of automobiles.

The average height of a stand of trees. For the purpose of determining the maximum height of a wireless communications facility to be installed on a wooded lot having at least 20 trees within 100 feet of the proposed site, the average height of the trees located within 200 feet of the proposed site, in relation to the proposed facility, shall be used to determine the average tree canopy. Such heights may be determined by the use of a clinometer or other appropriate measurement device.

A shop where baked goods are sold or offered for sale by retail, including incidental baking of products for retail sale on the premises.

An institution where money is deposited, kept, lent, or exchanged.

Any sign of lightweight fabric or similar material that is mounted to a pole or building by frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered "banners."

A retail business licensed by the New York State Liquor Authority for the sale, for on-premises consumption, of alcoholic beverages.

Tree area in square feet of the cross section at breast height of a single tree. When the basal areas of all trees in a stand are summed, the result is usually express as square feet of basal area per acre.

A story, partly underground, but having at least 1/2 of its height above the average level of the adjoining ground.

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time (not to include a stand-alone twelve-volt car battery or an electric motor vehicle).

Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move.

No more than two structures affording temporary overnight accommodations and limited food services to guests. "Bed-and-breakfast" operations shall comply with the supplemental standards and other applicable regulations specified in this chapter.

The incorporation of both labor and materials within the footings or foundation of a building or group of buildings subsequent to the issuance of a building permit in full conformance with the chapter.

For purposes of this section, the "best management practices" shall be defined as the current best management practices of forestry accepted by the New York State Department of Environmental Conservation, including but not limited to: A Landowner's Guide to Building Forest Access Roads, by Richard Wiest, USDA NA-TP-06-98, July 1998, and Best Management Practices for Water Quality BMP Field Guide, New York State Forestry (Last Revised 2007), as such documents may be amended or supplemented from time to time.

An establishment in which damaged automobiles are repaired or painted for a fee.

A performance and/or maintenance security duly issued by a bonding or security company approved by the Town Board; or a performance and/or maintenance security duly issued by the developer/obliger accompanied by security in the form of cash, certified check or United States Government bearer bonds deposited with the Town Board in the full amount of the obligation.

An area within a property or site generally adjacent to and parallel with the property line either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms and designed to limit continuously the view of, and/or sound from, the site to adjacent sites or properties.

The space remaining on a zoning lot after the minimum requirements for coverage, yards and setbacks have been met.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels; including the structures or buildings defined under "building accessory."

A building, the use of which is customarily incidental to that of a principal building and which is located on the same lot as that occupied by the principal building.

A structure or use that is clearly incidental and subordinate in area, extent and purpose to a principal building or use; contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building; and is located on the same lot as the principal building or use served.

The line of the face of the building nearest the street line. This face includes sun parlors and porches, whether enclosed or unenclosed, but does not include steps or terraces. In the case of a corner lot, any building line nearest to a street line shall be considered a front building line.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.

A solar energy system that is integrated into any building envelope system and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings and roofing, including but not limited to vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

The least horizontal distance between the furthermost walls of a building, including any carports and porches.

The line beyond which a building may not extend (other than parts of the building expressly exempt from this requirement).

A line, generally parallel to the street or road that passes through the point of the building nearest to the front lot line, beyond which a building may not project into the required yard setback as specified for the zoning district in which the lot is situated. In the case of a corner lot, any building line nearest to a street line shall be considered a "front building line."

Official authorization issued by the Building Inspector to begin construction in accordance with approved plans and in strict compliance with all applicable requirements of this chapter, the New York State Uniform Fire Prevention and Building Code and related laws, rules and regulations.

A building in which is conducted the main or principal use of the lot on which said building is situated. Each "principal building," along with its accessory buildings, shall be deemed to be situated on a separate lot.

A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building and all open spaces required in connection with a building, other structure or tract of land.

Businesses primarily engaged in rendering services to businesses on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research, development and testing; photo finishing; and personal supply services.

A small, roofed structure, having one to three walls, located near a street and designed primarily for the protection and convenience of bus passengers.

A wireless communications facility that is disguised, hidden, part of an existing or proposed structure, placed within an existing or proposed structure, or completely hidden by surrounding vegetation is considered camouflaged. When facilities include a new tower or other tall structure, camouflage will conceal both the tall structure and the accompanying antennas and other equipment through the use of technology which gives these facilities the appearance of structures which are compatible with the surrounding area.

A company, licensed by the FCC, that provides wireless services to customers.

The portion of a building that is partly or entirely below grade which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

Land used or intended to be used for the burial of dead human beings and dedicated for cemetery purposes, including columbariums and mausoleums when operated with and within the boundary of such cemetery and excluding crematories and mortuaries.

An imaginary line on the precise center of the legal right-of-way of a street, driveway, roadway or similar feature.

Official certification issued by the Zoning Enforcement Officer that a building or structure conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code and other regulations and may be legally used or occupied.

As used in this chapter, a use shall be determined by the Building Inspector to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not.

The removal of most or all trees in an area, regardless of size or maturity.

A structure designed for the practice of dentistry in which nonresident patients are treated.

A structure designed for the practice of medicine in which nonresident patients are treated.

A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications and meetings.

A building to house a club or social organization not conducted for profit and which is not an adjunct to, operated by or in connection with a public tavern, cafe or other public place.

A tract of land, which may include a clubhouse and other related structures, used by members of a club for the specific purpose of hunting, fishing and the practice of such activities as further defined by New York State Consolidated Laws.

A form of development for residential subdivisions that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

The use of a single wireless communications facility, either on the ground or on an existing building or structure, by more than one wireless communications carrier.

An occupation, employment or enterprise that is operated for profit by the owner, lessee or licensee.

An easement, covenant, restriction or other interest in real property, created under and subject to the provisions of New York State Environmental Conservation Law (ECL), which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in § 49-0301 of NYS ECL. (Definition from § 49-0303.)

That type of construction in which the wall, partitions, columns, floors, and roof are noncombustible with sufficient fire-resistance to withstand the effects of a fire and prevent its spread from story to story.

A business, containing less than 2,500 square feet of gross floor area, where food, tobacco, drugs, periodicals, beverages, snacks and similar convenience items are kept for retail sale. In the HB District only, the maximum size of a convenience store shall be 4,000 square feet; and either an automobile wash or the retail sale of gasoline or other petroleum products, or both, shall be specially permitted accessory uses requiring a Type B special use permit. The retail sale of gasoline or other petroleum products shall comply with the provisions of §§ 200-41 and 200-45 of this chapter.

A measurement of cut wood, being stacked four feet high by four feet wide by eight feet long.

An occupied open space, other than a yard, which is unobstructed from the ground to the sky.

A court which is bounded on more than three sides by the exterior walls of one or more buildings.

A court which bounded on not more than three sides by the exterior walls of one or more buildings.

A store or shop where a maximum of four artisans engage primarily in handcraft manufacture of small items, such as jewelry, pottery, weaving, custom woodwork and art objects; includes the sale of articles produced on the premises and other articles customarily associated with the product made or service provided on the premises.[3]

The premises of a finance company, mortgage company, or investment company.

A stone or concrete boundary usually marking the edge of the roadway or paved area.

The officially established grade of the curb in front of the midpoint of the lot.

Any facility which is licensed to operate pursuant to New York State Social Services Law § 390, and provides care for a child on a regular basis 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 such child. The following types of child "day-care facilities" are permitted in the Town of Milan:

Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

An area established within a conservation easement where development is permitted. Any legally permitted development, subject to applicable laws, regulations, and required permits, is permitted unless specifically prohibited by the governing conservation easement agreement.

Any humanly incurred change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, clearing, grading, paving, excavation or drilling operations.

See "agriculture."

An establishment which, by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services and obtain goods while remaining in their motor vehicles.

A paved or unpaved area used for ingress and egress of vehicles and allowing access from a street to a building or other structure.

A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines.

Land used for the disposal by abandonment, dumping, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

A house or other building designed or used primarily for human habitation. The word "dwelling" shall not include tourist homes, motels, hotels or other structures designed for transient residence, except bed-and-breakfasts. A bus is not construed to be a "dwelling."

A building or structure containing three or more dwelling units, each of which is designed for or occupied by a single household.

A detached building designed for the use of a single household, including one or more persons living as a family.

A building or structure containing two dwelling units. A "two-family dwelling" is not a single-family dwelling with an accessory apartment nor a conversion, as defined herein.

One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit.

A dwelling unit attached to two or more dwelling units by common vertical walls.

A dwelling unit that is freestanding and not attached to any other dwelling unit by any means.

A dwelling unit which has a common wall, floor or ceiling with one other dwelling unit.

Retail establishments selling food and drink for consumption on the premises, including lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Eating and drinking businesses exclude drive-in businesses.

Separate, detached temporary dwelling unit, with its own cooking, sanitary and sleeping facilities, accessory to a one- or permitted two-family dwelling, for the use of and occupied by the elderly relatives or close friends of the occupants of the principal dwelling unit or other person as permitted in this chapter.

A college or university authorized by New York State to award degrees.

A discharge of pollutants, with or without treatment, into the environment.

An enclosed structure, cabinet, shed or box at the base of the mount within which are housed the electronic receiving and relay equipment for a wireless communications facility. Associated equipment may include air conditioning and emergency generators. This term does not include offices, long-term storage of vehicles or other equipment storage, or broadcast studios.

The detachment and movement of soil or rock fragments or the wearing away of the land surface by water, wind, ice and gravity.

A single parcel or lot which may include one or more business uses and where business is conducted or professional/personal services are performed in a building.

The cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary, including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment, as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.

A building in which raw, semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated or processed.

The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

One or more persons occupying a premises and living as a single nonprofit housekeeping unit.

Any parcel of land containing three or more acres which is used for financial gain in the raising of agricultural products, animal products or animals, as well as necessary farm buildings and structures.

Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise [in accordance with Agriculture and Markets Law § 301(11)].

An internal collector roadway providing common access from the major highway network to a number of businesses and related establishments or to residences; often termed a "service road" or "parallel access road."

The Federal Emergency Management Agency that administers the National Flood Insurance Program. "FEMA" enables property owners to purchase flood insurance for property within or adjacent to floodways through the National Flood Insurance Program.[4]

Materials deposited in an area to change the ground elevation.

The elevation at which the finished surface of the surrounding lot, either naturally occurring or upon completion of any approved change in contour, intersects the walls or supports of a building or other structure.

A building where fire trucks and other fire equipment are kept and where firefighters wait until they are called to put out a fire.

A building where fire trucks and other fire equipment are kept.

Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other entity.

An unmapped zoning district where all the zone requirements are contained in this chapter and the zone is fixed on the map only when an application for development meeting the zone requirements is approved.

A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff or surface waters from any source.

The channel of a natural stream or river and that portion of the flood area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow.

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate, improved real property, water and sanitary facilities, structures and their contents.

The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.

The quotient of the floor area of a building divided by its lot area.

The management of forests for cultivation and production of wood and wood products and to provide outdoor recreation, to maintain, restore or enhance environmental conditions for wildlife, and for the protection of water supplies.

A place where young trees or other plants are grown for transplanting or for sale, and may also include the sale of related accessory supplies.

The management of forests for the production of wood and wood products and to provide outdoor recreation, to maintain, restore or enhance environmental conditions for wildlife, and for the protection and production of water supplies.

An establishment required by contractual or other arrangements to offer some or all of the following, except that this definition shall not include bakeries, bars or taverns, or restaurants:

All the property abutting on one side of a street, measured along the street line.

The boundary of the lot along the principal street on which the lot abuts and which provides access to the lot. In the case of a lot having less than the minimum lot width, the "front lot line" shall be deemed to be that which is closest to being parallel to the street which provides access.

Include but are not limited to cellular, personal communications services (PCS), enhanced specialized mobile radio, specialized mobile radio, and paging.

A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

A building or premises used for the storage, repair, rental, service and/or servicing of motor vehicles and the retail sale of fuel for such vehicles.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein, and provided that no space therein more than one car is leased to a nonresident of the premises.

A building designed and used for the storage of automobiles, operated as a business enterprise, with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

A tract of land for playing golf, improved with trees, greens, fairways and hazards and which may include clubhouses and shelters. Facilities commonly referred to as "putt-putt golf," "miniature golf," "pitch-n-putt," etc., are specifically excluded from this definition.

The permanently established elevation of the center line of a street in front of the midpoint of the lot.

The final elevation of the completed surfaces of lawns, walks and roads adjoining the wall of a building at any point.

A building or structure constructed mainly of translucent material and used as a conservatory for the growing and protection of flowers, vegetables and other plants and for the propagation and culture thereof. Solar panels and translucent material accessory to residential houses shall not be considered greenhouses.

A retail establishment primarily selling food as well as other convenience and household goods.

A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system, is detached from any other structure, and which generates electricity for on-site or off-site consumption.

The supply of freshwater under the surface in an aquifer or soil that forms the natural reservoir for potable water.

Two or more retail establishments or offices sharing certain facilities such as parking, public utilities, and open space.

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

Space used for living, sleeping, eating or cooking purposes, excluding storage spaces and enclosures for equipment installations.

The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See also "building height."

Any use customarily conducted entirely within a dwelling and/or accessory building and carried on by the inhabitants thereof, which use is clearly secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Any intended use shall maintain, in all aspects, the residential characteristics of a dwelling and/or accessory buildings.

An association which is organized in a development in which individual owners share common interests in open space or facilities. "Homeowners' associations" usually hold title to common property, manage and maintain the common property and enforce certain covenants and restrictions.

An establishment for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment, including sanitaria, and shall be limited to the treatment or other care of humans.[6]

A building used primarily to provide sleeping accommodations for the transient public in which 12 or more rooms are available for hire and which may contain a common entrance and lobby and may also contain a restaurant and/or gift shop for accommodation of its patrons.

A domesticated animal retained for companionship rather than commercial uses.[7]

(Heavy industrial uses are prohibited in the Town of Milan.) A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other uses.[8]

An establishment for the treatment, care, boarding or breeding of dogs or cats or similar animals or bird life (excluding poultry) for a fee. The term "commercial kennel" shall also include the terms "animal kennel," "dog kennel," "aviary" or other similar phrase.

The keeping of a total of five or more dogs or cats over six months of age but not for commercial purposes.

A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy systems may be described in terms of kw.

A facility used to carry out experiments and collect and analyze data, excluding educational institutions and facilities that perform live animal testing. Laboratories, scientific, research and testing shall be considered a light industrial use and shall be subject to the light industrial use standards set forth in § 200-32.

Typically comprised of one or more parcels of real property, or as a defined district or area in which development is discouraged. Such designation may include a stream corridor, farmland, or water or view shed. Such districts may be local, regional, or statewide and may involve public, private, nonprofit or not-for-profit property from an individual, a group of people or a conservation organization, who are directly or indirectly involved in helping protect natural, scenic, recreational, agricultural, historic, or cultural property. Land conservation works to preserve open land that is important to the communities and regions in which they reside. Land conservation may protect land in rural, suburban or urban areas and may or may not have restrictions, enhancements or easements for use by the general public.

A self-supporting mount constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.[9]

Trees that have achieved near-maximum size and age, which are significantly larger and older than the average trees on the landscape.

A building containing printed, pictorial and electronic material for public use for purposes of study, reference, recreation and relaxation.

A company authorized by the FCC to construct and operate a commercial mobile radio services system.

A material-handling, processing, assembly, manufacturing, research, warehouse or similar facility where all input, output, operations and storage are wholly conducted within enclosed buildings such that no nuisance factor is created or apparent outside an enclosed building that would make the use incompatible with adjacent nonindustrial uses, and which meets the performance standards of § 200-32.

A person 21 years of age or older designated by the owner of a short-term rental on the application form who, by such owner designation, shall have the authority to make decisions regarding the management and maintenance of the rental units owned by the owner located within the Town. The local agent must reside within 20 miles of the property and be available at all times to respond to questions and concerns from the Zoning Enforcement Officer, neighbors or occupants of the rental unit and/or their guests. A local agent shall not be required if the owner satisfies all of the provisions of the short-term rental application.

A piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings, including the yards and other open spaces required by this chapter.

A lot at the junction and abutting on two or more intersecting streets or roads, when the interior angle on the intersection does not exceed 135°.

The percentage of the lot area covered by the combined area of all buildings, structures or other impervious surfaces on the lot.

The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot line.

A lot other than a corner lot.

Property lines bounding a parcel of land.

A legally existing lot at the time of adoption of this chapter, duly filed and recorded in the Dutchess County Clerk's Office as either an individual parcel of land or part of an approved subdivision, in accordance with the Town of Milan Subdivision Regulations[10] and applicable provisions of Town Law. An exemption for single-family dwellings is described in § 200-10, General regulations, of Article IV, District Regulations, of this chapter.

An interior lot having frontage in two parallel or approximately parallel streets.

The mean width measured at right angles to its depths.

An establishment for the storage and sale of wood and wood products and building materials.[11]

A "manufactured building" has the following features:

A manufactured building or portions of a building designed for long-term residential use and not to be towed on its own chassis.

Manufacture, assembly, treatment, processing, storage, or packaging of products that does not emit objectionable levels of smoke, noise, dust, flumes, odor, glare, radiation, or vibration beyond the property lines. Manufacturing which does not constitute a nuisance shall be considered a light industrial use and shall be subject to the light industrial use standards set forth in § 200-32.

Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material.

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

A unit of power equal to 1,000 kw. The nameplate capacity of larger solar energy systems may be described in terms of mw.

Premises used by a not-for-profit organization catering exclusively to members and their guests for social, recreational, athletic, or similar purposes.

Any working sign, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Soils recognized by the New York State (NYS) Department of Agriculture and Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land classification system developed for the NYS Agricultural Assessment Program.

The extraction of overburden, inorganic or organic solid material, rock, peat, topsoil and minerals (collectively, "minerals") located on or below the surface of the earth; and/or the preparation and/or processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals so as to make them suitable for commercial, industrial or construction use; and/or the removal of such minerals through sale or exchange, or for commercial, industrial or municipal use; and/or the disposition of overburden, tailings and waste at an existing mine location; and/or all mining activities regulated by the New York State Department of Environmental Conservation. The following activities shall not constitute mining, provided the minerals extracted during these activities are not removed from their original location solely for sale or exchange or for commercial purposes: (i) removal of limited amounts of any minerals when done only for the purpose of extracting samples or specimens for scientific purposes or only for the purpose and to the extent necessary to determine the location, quantity or quality of any mineral deposit; (ii) excavation or grading associated with the construction of a structure pursuant to a current building permit, current site plan approval or current subdivision approval; (iii) incidental excavation or grading associated with land clearing; (iv) excavation or grading associated with the construction or maintenance of a pond, retention basin, drainage improvements or similar features; (v) incidental excavation or grading associated with the construction of sewage-disposal systems or other utility systems; or (vi) excavation or grading associated with the construction of roads, driveways, and parking areas pursuant to a current driveway permit, current site plan approval or current subdivision approval.[12]

Traditional small-scale retail establishments providing services, as well as selling goods or merchandise, to the general public for personal or household consumption.

A movable or portable dwelling unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed and constructed without a permanent foundation for year-round living; or a dwelling unit licensed or sealed by New York State as a "mobile home." A "mobile home" unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity, as well as two or more separately towable components designed to be joined into one integral unit capable of being separated again. "Mobile home" shall mean dwelling units designed to be used exclusively for residential purposes (excluding travel trailers) with a minimum floor area of 720 square feet.

A new mobile home certified as meeting the Manufactured Home Construction and Safety Standards of the Department of Housing and Urban Development (24 CFR 3280) and meeting the appearance standards of § 200-34 of this chapter.

Any residential development intended for exclusive use of two or more mobile homes and attended structures, regardless of type of ownership or provision for maintenance of common facilities.

All mobile homes not meeting the standards of Class A mobile homes.

See "manufactured housing."

A self-supporting mount constructed of a single shaft of wood, steel or concrete with below-grade foundations and a platform (or racks) for panel antennas arrayed at the top.

A building or part of a building which is used for the showing of motion pictures.[13]

Any premises where gasoline and other petroleum products are sold and/or light maintenance activities, such as engine tune-ups, lubrication, and minor repairs, are conducted. Motor vehicle service stations shall not include premises where automobile washing or heavy automobile activities such as engine overhauls, automobile body work and painting are conducted. Motor vehicle service stations may also include the sale of convenience items provided they are incidental to the use.

The structure or surface upon which antennas are mounted, including the following four types of mounts:

A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (ac) or direct current (dc).

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation.

A lot lawfully existing on the effective date of this chapter that cannot meet the minimum area requirements of the zoning district in which the lot is located as a result of the enactment or amendment to this chapter.

A building, structure or use of land lawfully existing on the effective date of this chapter that cannot conform to the regulations of the zoning district in which it is situated as a result of the enactment or amendment to this chapter.

An interference with the enjoyment and use of a property.[15]

A building in which the owner supplies for hire or gain, lodging with or without meals, and, in addition, provides nursing, medical, or similar care and treatment.

The residing of an individual or individuals overnight in a dwelling unit or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

Occupancy for a period not exceeding four months during any calendar year.

A building used primarily for conducting the affairs of a business, profession, service, industry or government activity.

Any building or part thereof designed, intended or used for the management or direction of an agency, business, or organization but excluding such uses as retail sale, manufacture, assembly or storage of goods, or places of assembly and amusement.[16]

The office of a member of a recognized profession maintained for the conduct of that profession.[17]

A map adopted by the Town Board pursuant to the provisions of § 270 of the Town Law, and which may be or may have been revised according to the provisions of § 273 of the Town Law, which shows streets, highways and parks theretofore laid out and adopted and established by law and which may show drainage systems.

A solar energy system that is ground-mounted, roof-mounted or freestanding and produces energy to be transported directly to a power network.

A solar energy system located on a farm which is a farm operation (as defined by Article 25-AA of the Agriculture and Markets Law), which is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed more than 50 kilowatts of the anticipated annual total electrical energy consumed by the farm operation.

A solar energy system that is ground-mounted, roof-mounted or freestanding and produces energy solely for the purpose of meeting the demonstrated electric requirements on the site where the energy is generated and is designed to produce at maximum capacity no more than 110% of the yearly electric power of the demonstrated electrical requirements for residential use. A solar system that is roof-mounted and produces energy solely for the purpose of meeting the demonstrated electrical requirements on the site where the energy is generated and is designed to produce a maximum capacity of no more than 50 kilowatts of power for a farm operation. Any and all excess electrical energy produced shall be transmitted directly to the power network and none shall be transmitted to any other parcel of record.

An area permanently devoted to recreational uses and characterized by its natural, historic, or landscaped features, and used for both passive and active forms of recreation.

A space for the parking of motor vehicles within a public or private parking area.

Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.

An establishment primarily engaged in providing services involving the care of a person's apparel, including, but not limited to, laundries, barber and beauty shops, dry-cleaning shops and exercise or dance studios.

A building or structure which, by design and construction, is primarily intended for religious services or instruction, including social and administrative rooms accessory thereto.

A tract of land designed for the use of children for active recreation purposes which may include equipment, such as swings and slides, and contain areas designated for uses, such as soccer fields and baseball diamonds.

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, including both wild and managed insects.

A roofed open structure projecting from the outside wall of a building without window sash or other form of permanent enclosure.

A lot, plot or parcel of land, together with all structures and uses thereon.

A residence is deemed to be a primary residence when the owner shall have resided on the property for at least 270 days during the previous twelve-month period.

A building in which is conducted the principal (predominant) use of the lot on which is is located.[19]

A business for the printing of books, magazines or other publications, excluding retail sales of such products on the premises.

A certified or licensed radio frequency engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.[20]

Land where further development, use, or subdivision is limited. Protected parcels may include designated open space, private parks, or private lands subject to conservation easements pursuant to Article 49 of the New York State Environmental Conservation Law.

Typically comprised of one or more parcels of real property, or as a defined district or area on which government activity occurs or on which recognized nonprofit or not-for-profit organizations operate. Public/semipublic parcels may include public parks, state multiple-use areas, government-owned property, municipal-use buffer zones, firehouses, churches, cemeteries, affiliated uses of recognized religious organizations and active or inactive property of a historic or cultural nature. Such a definition may define land in rural, suburban or urban areas and may or may not have restrictions, enhancements or easements for use by the general public. Affiliated uses of recognized religious organizations shall require site plan approval by the Town of Milan Planning Board.

A facility designed to serve the surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.[21]

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. In the event that NYSERDA and NABCEP no longer perform such listing or certification services, persons may be deemed to be qualified solar installers if the Zoning Enforcement Officer determines such persons have had NABCEP-equivalent training and experience to determine the degree and extent of the potential hazards associated with solar energy systems and the personal protective equipment and job planning necessary to perform the installation safely.

The emissions from wireless communications facilities.[22]

Any prepared food or nonalcoholic beverage.

Any business where any refreshment is sold or offered for sale at retail from a motor vehicle, trailer or tent.

A general industrial establishment for the repair or replacement of parts in a motor vehicle, but not including an auto body repair shop or a motor vehicle service station.

A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a primary sending and receiving site in a wireless communications network.

An occupant of a short-term rental who shall be at least 21 years of age, and who shall be legally responsible for compliance by all occupants of the rental unit and/or their guests with all provisions of this chapter and/or the Town of Milan Code during the term of the short-term rental.

A place where food and drink is prepared and served to the public on the premises, primarily for consumption within the principal building, but which may offer seasonal outside seating.

A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from an upper slope level.

A stable for the housing of horses for hire or for a private riding club.

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, storm sewer main, shade trees or for another special use.

A stall or booth for business which shall be limited to the sale of farm products.

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site use.

A private road servicing a subdivision which consists of no greater than 15 residential lots, has a rural character and prohibits further subdivision. A "rural lane" shall not include streets which would have the effect of hindering the development of contiguous parcels by virtue of the creation of said private road instead of a public street or road, which would be inconsistent with the Town's Master Plan.[24]

Any school having regular sessions with regularly employed instructors who teach those subjects that are fundamental and essential in general education, under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a private corporation meeting the requirements of the state.

Same as elementary school, except that secondary education is provided.

A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.

A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

The distance between one carrier's array of antennas and another carriers array.

The horizontal distance from a particular lot line to the part of the building or story, respectively, which is nearest to such lot line.

Overnight rental of a primary residence, or portion thereof, for the duration of no more than 30 consecutive nights and limited to five bedrooms for transient occupancy.

A document issued by the Zoning Enforcement Officer that permits a short-term rental, hosted or unhosted, pursuant to the terms and conditions set forth herein.

Any of a number of companies that specialize in offering short-term rental listings through the internet.

A short-term rental of a primary residence in which the owner is in physical occupancy during the time of the rental.

A short-term rental of a primary residence, in which the owner is not in physical occupancy during the time of the rental and limited to no more than 90 days in a calendar year, with a minimum stay of two days with an interim of two days between rentals during the term of the short-term rental certificate.

Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.

A sign that uses movement or change of lighting to depict action or create a special effect or scene.

A sign attached to any part of a building, as contrasted to a freestanding sign.

A sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a "canopy."

A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the message changes more than eight times per day shall be considered an "animated sign" and not a "changeable copy sign" for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" portion of a sign and not a "changeable copy sign" or "animated sign" for purposes of this chapter.

A sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.

A sign lighted by or exposed to artificial lighting, either by lights on/in the sign or directed towards the sign on the same lot.

A sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space more than 12 inches.

A sign attached to, in any manner, or made apart of a marquee.

A sign lawfully existing on the effective date of this chapter that cannot meet the requirements of this chapter as a result of the enactment or amendment to this chapter.

A sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

A sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.

A sign located in a district zoned for residential uses that contains no commercial message, except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.

A sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

A sign that is used only temporarily and is not permanently mounted. This does not include portable signs as defined herein.

A sign attached parallel to but within 12 inches of a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.

A sign, picture, symbol or combination thereof designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

The art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society on a sustainable basis.

A recreation facility operated as a business and open to the public for a fee.[25]

Solar modules and panels, inverters and power conditioning equipment, mounting material, electrical energy storage devices, hardware, electrical equipment, electrical wiring, raceways and switchgear, and other material associated with the production of electrical or thermal energy from the sun.

A system generating electrical or thermal energy and composed of a combination of solar energy equipment. For the purposes of this chapter, a solar energy system does not include any system with a solar panel or collector of four square feet or less in surface area, provided it is not used as a component of a larger solar energy system.

A photovoltaic device capable of collecting and converting solar energy into electrical or thermal energy. All solar panels or solar modules shall have antireflective coatings.

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

A business where horse training and instruction are given and/or where horses are kept for riding or boarding for compensation.

Land used for the keeping of goods, wares or supplies outside of any building or structure. However, this shall not be construed as including the activities of a junkyard.

That portion of a building between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it and including "basement" as defined herein.

Any vehicular way which is an existing state, County or Town roadway or is shown upon a subdivision plat approved by the Town Planning Board, as provided by § 281 of the Town Law of New York State.

The dividing line between a street right-of-way and a lot.

A combination of materials assembled at a fixed location for use, occupancy or to give support, such as a building bridge, trestle, tower, platform, sign or flagpole.

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, lease or development.

Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming and constructed, installed or maintained in or above the ground.

A business operation for the manufacture and processing of textiles, fabrics, clothing and leather goods, including shoes and clothing but excluding retail sales.

A building, or part of a building, devoted to showing moving pictures or stage productions on a paid-admission basis.

Land used for the harvesting of trees not planted for such purpose.

Code of the Town of Milan.

A vehicular portable structure built on a chassis, designed to be used primarily as a temporary dwelling for travel, recreation and vacation uses and not placed on a foundation, nor having motor power of its own.

A vehicle designed exclusively for the transportation of a boat of less than 24 feet long and a ten-foot beam.

A vehicle, not over 70 square feet in floor area, used for the hauling of cargo.

A structure, or system of wires, poles, rods and/or reflecting devices, used for the transmission and reception of electromagnetic waves and audio signals.[26]

The New York State Uniform Fire Prevention and Building Code, as amended.

The specific purpose for which land or a building is designed, arranged or intended or for which it may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

Any person, firm, corporation or municipal agency duly authorized to furnish to the public (under public regulation) electricity, gas, water, sewerage treatment, steam, cable television, telephone or telegraph.[27]

Land containing high amounts of soil moisture and acting as an absorbent or natural retention for stormwater.[28]

Places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

An area restricted for the protection, preservation and management of wildlife, animals and natural resources.

An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission, including but not limited to whip, panel and dish communications antennas.

A facility for the provision of wireless communications services, as defined by the Telecommunications Act of 1996, and usually consisting of an equipment shelter, a mount, and/or antenna(s). Small cell communication facilities, distributed antenna systems, radio or television transmission towers and repeaters shall be included in the definition of "wireless communications facilities."

Includes three types of services which are regulated by this chapter including commercial mobile radio services, unlicensed wireless services, and common-carrier wireless exchange access services for cellular, personal communications services (PCS), enhanced specialized mobile radio, and specialized mobile radio and paging services. Excluded from this definition are services used for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.

An unoccupied space open to the sky on the same lot with a building or structure.

A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line; such "front yard" is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.

A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building at the closest point of the rear lot line; such "rear yard" is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.

The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is closest to such side lot line.

A specifically delineated area or zoning district in the Town within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

The map or maps adopted by the Town Board which are a part of this chapter and delineate the boundaries of zoning districts.[29]