A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

A small business that provides products or services to agricultural producers to support production, marketing, and distribution of their products including but not limited to farm equipment repair, farm equipment sales, soil preparation services, crop services, veterinary and other animal services, farm labor and management services, and seed or fertilizer sales.

A written statement required when certain land use determinations within 500 feet of a farm operation located in a NYS Agricultural District takes place. The statement must include information about the proposed project, and is included in the application for project approval. A notice of the project application is mailed to owners of land associated with the neighboring farm operation identified in the statement. The Planning Board is required to evaluate and consider the statement in its review of possible impacts of a project on nearby farm operations.

That portion of the Town of Minden that is included in the New York State certified agricultural district established as per State Agriculture and Markets Law 25-AA.

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation including but not limited to barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.

The production, keeping, or maintenance, for sale, lease or personal use, of plants and animals including but not limited to forages, grains and seed crops, dairy animals, poultry, livestock including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals, bees and apiary products, fur animals, fish farming, fish hatcheries, fruits, vegetables, nursery, greenhouse, or flowers.

Activities conducted on a farm and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation. An agritourism activity may be secondary to the primary farm use on a property. Agritourism activities may be conducted in an accessory building or structure. Agritourism activities include, but are not limited to on-farm bed-and-breakfasts, farm stay programs, U-pick operations, and pumpkin patches. This includes, but is not limited to a restaurant associated with one or more farm operations in the Town of Minden.

A minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

A business that treats animals and regularly houses them on the premises overnight and for extended periods for treatment.

A device used in communications which converts radio frequency electrical energy to radiated electromagnetic energy and vice versa in a transmitting station, an antenna is the device from which radio waves are emitted.

An underground collection of potentially drinkable water.

The total area taken on a horizontal plane at the main grade level of the principle building and all accessory buildings exclusive of uncovered porches, terraces and steps.

The total interior floor space measured in square feet of a structure.

A place where goods or property are sold to the highest bidder.

A space of full story height partly below grade and having at least half of its clear floor-to-ceiling height above the average grade, and which is not designed or used primarily for year-round living accommodations.

An owner-occupied residential building also used for renting accommodations to transient, fee-paying guests, and providing not more than one meal daily to guests only. Not more than 10 rooms may be let.

See "sign, advertising."

A house providing food and lodging for paying guests. If there are more than 10 sleeping rooms, such building shall be considered an inn or hotel.

An undeveloped part of a property or an entire property specifically intended to separate and thus minimize the effects of a land use activity (noise, dust, visibility, glare, etc.) on adjacent properties.

A structure designed to be used as a place of occupancy, business, storage or shelter. The term "building" shall include the term "structure," as well as receiving and transmitting commercial, radio, television and other utility communication towers, personal wireless service facilities, mobile manufactured homes and factory manufactured homes.

All land covered by structures, interior roads, parking areas, and sidewalks and loading areas.

The space within which a structure and its supporting infrastructure is permitted to be built on a lot and that includes the building, driveway, and any lands disturbed for well and septic systems.

The vertical distance measured from the average finished grade along the wall of the front of the building to the highest point of such building or structure.

A line established by law, usually parallel with a property line, beyond which a structure may not extend.

The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

A building in which is conducted the main or principal use of the lot on which said building is situated.

A solar energy system that consists of integrating photovoltaic modules into the building envelope system, such as vertical facades including glass and other material, semitransparent skylight systems, roofing materials, and shading over windows.

An array of solar collectors mounted securely to racks attached to roof mounts, or integrated into building materials, such as roof tiles, siding, or windows, of any legally permitted and/or constructed building or structure for the purpose of producing electricity.

A solar energy system that is affixed to the roof or side(s) of a building or other structure either directly or by means of support structures or other mounting devices. Solar energy systems constructed over a parking lot are considered building-mounted solar energy systems.

Any parcel of land on which are located two or more tents, shelters, recreational vehicles, or other accommodations of a design or character suitable for seasonal or temporary living purposes but not including a manufactured home park, boarding house, hotel or motel, bungalow colony, or man camp/worker camp.

Any commercial building or premises or portions thereof used for washing automobiles. This may include automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

That space of a building which has more than half of its height, measured from floor to ceiling, below the average grade.

A change of intensity of use includes, but is not limited to, an increased or different requirement for parking, an increase or change in impervious surface area, placement of a new sign, establishment of additional exterior lighting, structural enlargement, additional site improvements, and change in drainage, landscaping, or screening.

The change of use or occupancy of a building from either residential, commercial or industrial to one of the other uses, or change in the intensity of the same use including, but not limited to, changes in use which require the issuance of a certification of occupancy pursuant to the New York State Building and Fire Code. Change of occupancy or change of ownership shall not be construed as a change of use.

The mounting of personal wireless service facilities shared by two or more persons, firms or corporations on the same equipment mounting structure.

The use of any property in the Town for the manufacture or manufacture and storage of compost primarily for commercial resale or any purpose other than for use in a primary farming or other agricultural use on such property where the storage or manufacture occurs.

An indoor or outdoor place designed and equipped for the conduct of sports and leisure time activities for profit.

Land managed by the local municipality and/or public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools and/or lavatories.

An application for development that includes all required documents and submittals pursuant to this chapter, and where a negative declaration has been made or a draft environmental impact statement has been accepted by the reviewing agency.

The Comprehensive Plan adopted by the Town Board for future preservation and development of the Town of Minden pursuant to § 272-a of the Town Law.

A grant of a property right stipulating that the described land will remain in its natural or agricultural state and precluding future or additional development.

A residential subdivision where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be placed on the parcel in a flexible manner, where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed and where a majority of the remaining land is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.

An establishment used as housing for a religious order or congregation (e.g., parish house, monastery, establishment for nuns or monks).

That percentage of the lot covered by the building area, as defined herein.

A road with a single common ingress and egress and a designated turn-around area for vehicles at the end.

A room, area or small establishment where specialty work is done.

Private access routes which directly service a parking area; or serving parking spaces not directly serving more than two dwelling units, and not providing a route for through traffic. Minimum driveway widths shall be as follows:

One or more rooms with provision for living, sanitary and sleeping facilities arranged for the use of one family.

A building designed for more than two families, including apartment houses, but excluding hotels and rooming houses.

A building, other than a mobile manufactured home designed for exclusive year-round occupancy by one family only.

A building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by two families living independently of each other.

A form used to determine whether a project will have significant environmental impacts. Depending on the site's environmental features and the project's magnitude, either a short or long SEQR Environmental Assessment Form will be completed.

A document prepared pursuant to SEQR, subsequent to a determination of potential adverse impacts that examines the existing and developed environment, and identifies and presents impacts, mitigation measures and alternatives.

Any structure used primarily to support reception or transmission equipment, including but not limited to antenna support structures, towers and monopoles.

A factory manufactured home incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is intended for permanent installation on a building site. Every factory manufactured home or component shall bear an insignia of approval issued by the State Fire Prevention and Building Code Council; falls under the category of one-family dwelling.

Any number of persons or recognized relationships maintaining a common household, including domestic help.

The 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 a "commercial horse boarding operation" as defined in Subdivision 13 of § 301 of the Agriculture and Markets Law and "timber processing" as defined in Subdivision 14 of § 301 of the Agriculture and Markets Law. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

A location or structure larger than 200 square feet, where one or more farmers or vendors sell agricultural produce to the public on a permanent basis, whether that market is seasonal or year-round.

Any operation which starts with a farm product, including but not limited to vegetables, fruits, milk, beef, pork, lamb, chicken, eggs, turkey, etc., and whose end product packages that product in a form suitable for retail market distribution. This definition includes but is not limited to dairies, cheese plants, vegetable/fruit canneries, slaughterhouses etc.

A temporary use of a structure including small buildings, carts, wagons or stands for the display and sale of farm products produced on the property where the stand is located, and not more than 200 square feet in size.

An accessory apartment, multifamily dwelling, or other dwelling used to house farm workers on a parcel of land used as an agricultural operation. A mobile manufactured home shall be considered a dwelling for farm workers provided the agricultural operation shall have more than $10,000 gross sales per year and for which the owner applies for a building permit to erect a mobile manufactured home as an accessory use. In addition, the occupant of a mobile manufactured home as a farm worker accessory use must be a full-time employee of the agricultural operation whose total documented compensation, including salary, lodging, board, etc. is not less than $10,000 a year.

An artificially constructed barrier, railing, or other upright structure made of woods, wire or vinyl or of any material or combination of materials erected to enclose, screen, separate areas, or control access or prevent escape. A fence may be open (with openings between the materials used in its construction), or solid (constructed of solid material, wood or masonry through which no visual images may be seen).

See "municipal building."

Land within a community subject to a 1% or greater chance of flooding in any given year; also commonly referred to as "base floodplain" or "100-year floodplain."

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency.

A rooftop-mounted solar energy system with solar panels which are installed flush to the surface of a roof and which cannot be angled or raised.

Usually stone or concrete structure that supports a building from underneath, including but not limited to a basement or slab.

That part of a parcel of land or building abutting or facing the principal street or road. In the case of corner lots on two intersecting streets or roads, the parcel will be considered to have two front yards, one side yard and one rear yard at minimum.

A facility for the sale of natural gas and propane to local residential and commercial customers. Fuel sales is not associated with or related to any natural gas exploration, extraction, drilling, production, processing, storage of production wastes, or natural gas drilling ancillary uses. A gas station is not considered fuel sales.

A facility for the temporary storage and distribution of natural gas and propane for delivery to local residential and commercial customers via fuel trucks. Fuel storage is not associated with or related to any natural gas exploration, extraction, drilling, production, processing, storage of production wastes, or natural gas drilling ancillary uses.

A business that provides burial and funeral services for the dead and their families. These services may include a prepared wake and funeral, and the provision of a chapel for the funeral.

A roofed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

A building or part thereof for the storage, hiring, selling, greasing, washing, servicing or repair of motor-driven vehicles, operated for gain.

An industrial facility used to raise the pressure and/or volume of natural gas during its extraction, transport, and storage.

Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include "filling station" and "service station."

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual clarity and visibility.

Premises having:

A solar energy system that is affixed to the ground either directly or by support structures or other mounting devices and that is not attached or affixed to an existing structure. Pole mounted solar energy systems shall be considered ground-mounted solar energy systems for the purposes of this chapter § 90-52.24.

Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.

Any substance listed as a hazardous substance in 6 NYCRR Part 597, Hazardous Substance List, or a mixture thereof. In general, a hazardous substance means any substance which: (1) because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed; (2) poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed; (3) because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment.

A waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous wastes include but are not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2.0, alkalies with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes, or any material exhibiting the characteristics of ignitability, corrosivity, reactivity, or fails the Toxicity Characteristic Leaching Procedure (TCLP).

A building or area which has historic and special public value because of notable, architectural or other features relating to the cultural, historic or artistic heritage of the community including but not limited to principal structures, out-buildings, stone walls, mill remnants, railroad beds, barns, cemeteries, and foundations.

A business activity resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit or accessory structure as a nonresidential use that is secondary and subordinate to the use of the dwelling for living purposes, and is conducted in a manner which does not change the residential character of the dwelling unit or vicinity. A major home occupation has exterior evidence of a business activity including but not limited to customers, clients or sales representatives entering the premises; equipment, vehicles, or other materials stored outside; requires a sign; or produces noise or odors. Major home occupations are conducted by an owner/operator who must reside on the premises and does not employ more than four persons, in addition to the owner/operator and any other family participants in the home occupation who reside on the premises. A special use permit issued by the Planning Board is required for all major home occupations and all requirements of Article VIII, § 90-52.23 shall be met. The following shall be considered high-impact home occupations:

An occupation or profession carried out within the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The occupation is carried on by a member of the family residing in the dwelling unit. Low-impact home occupations are those where the activity is carried out solely within the dwelling, is a use that is allowed as in the chapter, and where no accessory building is required. These include, but are not limited to architect, attorney, 20-C exempt bakery, bookkeeper/financial services, consulting, crafts/dressmaking, insurance, hairdresser, photographer, real estate agent, engineer/surveyor, and web design/computer business (not sales).

An organization of homeowners residing within a particular development whose major purpose is to preserve, maintain, and provide community areas, facilities and services for the common enjoyment of the residents.

An agricultural activity that provides care, housing, health related services and training to animals kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and used for such activities, are part of the farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. A riding academy is not considered to be an agricultural activity under the New York State Agriculture and Markets Law. A riding academy generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

A building or structure for the diagnosis and medical or surgical care of human ailments.

Facility offering transient lodging accommodations to the general public and providing additional service such as restaurants, meeting rooms and recreational facilities. The word "hotel" includes the words "motel," "motel court," "inn," "tourist court" or similar names, excluding rooming houses and bed-and-breakfast establishments.

The hydrogeologic sensitivity of a location is a relative measure of the ease and speed with which a contaminant could migrate into and within the upper-most water-bearing unit. High to very high hydrogeologic sensitivity ratings indicate that, in general, groundwater is more susceptible to be impacted by surface activities.

Any man-made material, such as pavement used in parking lots or driveways, or any building or other structure on a lot, that does not allow precipitation and melted snow to penetrate into the soil.

Use in which a product is manufactured but the manufacturing process and facility have minimal impact on the property where the manufacturing takes place and almost none on adjacent properties, with qualities including:

No junk vehicles or unregistered vehicles are permitted. The outdoor storage or deposit of any of the following shall constitute junk:

A structure, transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling unit, which is currently not inhabited and is no longer habitable under the New York State Uniform Fire Prevention and Building Code; includes, but is not limited to, mobile homes, trailers and campers.

The areas of any parcel of land or water used or intended to be used for the placement, storage or deposit of junk.

Any unregistered motor vehicle, no longer intended or in condition for legal use on the public highways, or used parts or waste materials therefrom. A vehicle is considered junked when it meets one or more of the following conditions for a period of six months:

A lot, land or structure, or part thereof, used for the outdoor storage, sale or deposit of any of the following:

A commercial use that includes a structure and any accessory uses including but not limited to fenced in areas and runs used for the care, and harboring, for hire, of no more than 10 dogs.

A person who owns the land on which a proposed permitted, special permitted, subdivision, or other land use activity is proposed.

A solar energy generation facility, whether a ground-mounted and/or rooftop installation, principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, designed and intended to supply energy primarily into a utility grid for sale to the general public or to supply multiple users located off-site on which the energy system is located. For this purpose of this chapter, the purpose of large-scale solar energy systems is to principally benefit members and residents of the Town of Minden community.

A business premises serviced by municipal sewerage or a NYSDOH-approved system, equipped with individual clothes washing or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential hotel or club.

A business premises serviced by municipal sewerage or a NYSDOH-approved system, equipped with individual clothes washing or cleaning machines for use as a wholesale facility and not to be used by individuals in a retail setting.

A landowner who has a legally binding contractual lease with the owner of a piece of land, facility or structure.

A use engaged in the creation, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

The sum of the gross horizontal area of the several floors of a building, including areas below grade devoted to residential use. All dimensions shall be measured between exterior faces of walls.

A paved area designed for the parking, loading and unloading of delivery vehicles.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

The total horizontal area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.

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

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

The property lines bounding a lot. The front line shall be the right-of-way line of a street, road, or highway giving access to the lot. In the case of a corner lot, the owner may designate either street, road or highway lot line as the front lot line.

The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district, except as noted in § 90-15.

A lot located at the intersection of and fronting on two or more intersecting streets, and having an interior angle at the corner of intersection of less than 135°.

A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

A lot other than a corner lot.

A lot having frontage on two approximately parallel or converging streets, other than a corner lot.

A comprehensive land planning and engineering design approach with a goal of maintaining and enhancing the predevelopment hydrologic regime of urban and developing watersheds.

This facility shall be defined as this term is defined and used in New York State Executive Law § 94-c.

Any excavation from which 1,000 tons or 750 cubic yards or more, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted. (Soil mining shall also include any activity requiring a permit from DEC pursuant to Article 23 of the Environmental Conservation Law.) Large mines are prohibited in all areas of the Town of Minden.

Any excavation from which less than 1,000 tons or 750 cubic yards, whichever is less, of ore, sand, gravel, clay, stone, loam, humus or topsoil within a period of 12 successive calendar months produced for sale or exchange or for commercial, industrial or municipal use or for use other than on the property from which the material is extracted. (Soil mining shall also include any activity requiring a permit from DEC pursuant to Article 23 of the Environmental Conservation Law.)

Any naturally formed, usually inorganic, solid material located on or below the surface of the earth, peat and topsoil shall be considered minerals.

A mobile manufactured home is a structure, transportable in one (single-wide) or more sections (double-wide), which in the traveling mode is 12 body feet or more in width or 40 body feet or more in length, or when erected on site, is 720 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Every mobile manufactured home shall bear a plate of approval from HUD. A "tiny home" shall also be considered a mobile manufactured home when it is built with a permanent trailer or chassis.

A parcel of land which has been planned and improved for the placement of six or more mobile manufactured homes for nontransient use in a residential zone that has access to Village water and sewer.

All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways, including but not limited to automobiles, buses, vans, campers, motor homes, tractor-truck trailer, etc.

A building that is used to local government offices and other services. (Example: Town Clerk, Highway Dept, etc.)

The exploration for natural gas, the extraction of natural gas from the ground regardless of the extraction method used, and/or the processing of natural gas. This definition shall specifically include, but not be limited to, the extraction method commonly known as hydraulic fracturing. This definition shall also be construed to encompass and include any activity or ancillary use of land which facilitates or supports natural gas exploration, extraction, or processing. Examples of activities or uses of land expressly intended to be included in this definition are set forth below:

The construction, use, or maintenance of a storage or staging yard, a water- or fluid-injection station, a water- or fluid-gathering station, a natural gas, LP, or petroleum storage facility, or a natural gas, LP- or petroleum-gathering line, venting station, or compressor associated with the exploration or extraction of natural gas, LP, or petroleum.

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

An undesired audible sound that interferes with the enjoyment and use of property. For purposes of this chapter a decibel level exceeding 55 dB measured at the property boundary shall be a nuisance noise.

That part of a building, other structure or tract of land which does not conform to one or more of the applicable bulk regulations of this chapter, either following its effective date or as a result of subsequent amendments thereto.

A structure or building, the size, dimensions, or location or which was lawful prior to the adoption, revision, or amendment of the chapter but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the chapter.

A structure or land occupied by a use which lawfully existed prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the district in which it is located by reason of such adoption, revision or amendment.

Land or greenhouses used to raise flowers, shrubs and plants for sale.

A building used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age. See also "senior housing."

Energy generated primarily for the purpose of supplying energy primarily into a utility grid for sale to the general public or to supply multiple users located off-site on which the energy system is located.

Energy generated primarily for the purpose of providing power to the owners, lessees, tenants, residents, or other occupants of the parcel on which the solar energy systems are erected.

Land left in a natural state for conservation and agricultural purposes or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also mean land left in a natural state and that is devoted to active or passive recreation. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, used for playgrounds or manicured recreational lands such as ball fields, lawns, or occupied by any structure except agricultural buildings. Open space may be included as a portion of one or more large lots provided the lot(s) are greater than five acres in size, and are contiguous to form a larger un-fragmented open space area, or may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.

A person, corporation or other entity that manages, maintains, and operates a utility-scale solar facility on a day to day basis. An operator of a solar facility may also be the owner of such facility.

A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone. Overlay zones deal with special situations that are not appropriate to a specific zoning district or apply to several districts.

A person, corporation, or other entity that owns a utility-scale solar facility.

Person, persons, corporation, etc. that owns and/or operates the business or facility.

The area required for parking one automobile which in this chapter is held to be an area at least nine feet wide and 20 feet long, exclusive of passageways and driveways thereto.

Any security that may be accepted by a municipality to ensure that improvements required as part of an application for development will be satisfactorily completed.

Concrete, concrete blocks, stone walls, or pressure-treated lumber which support the bottom floor and exterior walls of a building and extending below the ground deeper than the average annual frost level, or a reinforced concrete base below the bottom floor of a building of sufficient thickness and having a suitable subway to resist shifting and heaving from changes in temperature and moisture conditions in the ground beneath the building.

Any individual, firm, partnership, association, corporation, company or organization of any kind.

Establishments providing services or entertainment, as opposed to products, to the general public, including but not limited to cleaning and garment services, beauty shops, photography shops, shoe repair, barbershops, funeral services, clothing rental, reduction salons and tanning parlors.

Commercial mobile services, wireless telecommunication services using duly authorized devices which do not require individual licenses (excluding the provision of direct-to-home satellite services) and common carrier wireless exchanges, including cellular radiotelephone, specialized mobile radio systems and personal communication services.

A facility for the provision of personal wireless services. A personal wireless service facility includes, but is not limited to, an antenna equipment mounting structure and accessory buildings and equipment. For the purposes of this chapter, a personal wireless service facility shall not be included within the definition of a "public utility station or structure," as specified in this chapter, since personal wireless service facilities, although they are facilities operated by public utilities with certain rights under the laws of the United States and the State of New York, are exclusively regulated as such by Article VIII, § 90-31, of this chapter.

A place for people to hold outdoor gatherings with or without food.

A parcel of land, or part of a parcel of land used to store, cut, bend, fit, or prepare pipes used as part of a pipeline, gas compressor station, or associated with the transmission of gas, oil and other petroleum products.

A line of pipe connected to valves and other control devices, for conducting fluids, gases, or finely divided solids.

A large container designed and rented or leased for the temporary storage of commercial or residential household goods, that does not contain a foundation or wheels for movement. Examples of this use include piggyback containers that can be transported by mounting on a chassis, and "POD"-type boxes that can be transported on a flatbed or other truck; but do not include prefabricated sheds that are not designed for transport after erection, or commercial trailers used by construction or other uses in the regular performance of their business.

For purposes of this solar energy on-site consumption,[1] description of an amount of projected on-site energy demand not less than 90% of projected energy generation.

The area delineated in a conservation subdivision to have priority resource areas to be conserved including, but not limited to streams, floodplains, wetlands, critical habitats, steep slopes, areas with rocky outcrops, agricultural lands, and groundwater recharge areas.

Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and that is available for these uses. It has the combination of soil properties, growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods. In general, prime farmland has an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, an acceptable level of acidity or alkalinity, an acceptable content of salt or sodium, and few or no rocks. Its soils are permeable to water and air. Prime farmland is not excessively eroded or saturated with water for long periods of time, and it either does not flood frequently during the growing season or is protected from flooding.

See "use, principal."

A club where sportsmen pay membership fees.

Offices for a person or persons whose vocation or occupation requires advanced training in a liberal art or science and whose service usually involves nonmanual work.

Any town, county, state or federally owned building(s) or land, including but not limited to town halls and highway department garages.

A state or federal government regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.

A facility other than a personal wireless service facility for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision or transportation of electricity, gas, steam, heat, communication, water, sewage, collection of other such services to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, and office buildings or other administration facilities used to support such services.

A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use. See also "trailer."[2]

A building or portion of a building wherein food and beverages are available for on-site or off-site consumption and which may include a drive-through facility.

A restaurant that is part of a farm operation as defined in this chapter and where at least 51% of the primary food products prepared or sold in the restaurant are produced on the farm.

The sale of agricultural products either produced on or off the premises.

Any building or permanent structure or portion thereof in which one or more services or one or more articles of merchandise are sold at retail, including department stores.

A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, sidewalk, road shoulder, crosswalk, railroad, utility line, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.

A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, which affords the principal means of access to abutting property.

An access drive or roadway that is longer than 500 feet, privately owned and maintained, and not meant for use by the general public.

A solar energy system in which solar panels are mounted on top of the structure of a roof of any legally permitted building either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

A private house in which rooms are rented for living or staying temporarily.

An establishment for the cutting and care of hair or fingernails, tanning, facial makeup consulting, waxing, one or any combination of the above, and other beauty related services.

A mill or machine used for the processing of lumber products from raw uncut timber obtained on-site or off-site to be sold for commercial purposes.

A building or part thereof which is designed, constructed, or used for instruction or education including, but is not limited to elementary, parochial, private, secondary or vocational schools, and public higher education facilities, colleges, or universities. It shall also mean a business organized to operate for a profit, or an organization that operates not-for-profit offering instruction and training in a trade, service or art.

A facility or area for storing, selling, dismantling, shredding, compressing, or salvaging scrap ferrous metal materials. A scrap yard also includes the storing, dismantling, compressing or salvaging of any junk motor vehicles.

Vegetation, fencing, or earthen materials used to block visibility toward and/or away from a site. Screening may also be used to lessen noise, lighting or visual impacts from a particular site or from adjacent land uses.

Multifamily housing designed for older people. This includes adult retirement community, assisted living facility, continuing care retirement community, and retirement community types of structures.

Review of an application according to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617 (Statutory Authority: Environmental Conservation Law, § 8-0113), which incorporates the consideration of environmental, social and economic factors into the planning, review and decision-making processes of state, county and local government agencies.

The distance in feet between the building or other use and any lot line or designated point.

Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business, but not including any flag, badge or insignia of any government or government agency, school or religious group or of any civic, charitable, religious, patriotic, fraternal or similar organization, nor any official traffic control device. Each display surface shall be considered to be a "sign."

A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed, only incidentally on the premises, if at all.

A sign which directs attention to a business or profession conducted or a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed. A "For Sale" or "For Let" sign relating to the lot on which it is displayed shall be deemed to be a business sign.

Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color when such sign is in use. For the purpose of this chapter, any revolving illuminated sign shall be considered a "flashing sign."

A sign that is attached to, erected on or supported by some structure such as a pole, mast, frame or other structure that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of the sign.

The distance from the ground level, measured from the midpoint of the base of the sign to the top of the sign.

A sign that advertises or gives direction to a business or activity that will terminate within seven days.

A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in the applicable Zoning Law, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.

Review and approval process, conducted by the Planning Board, whereby site plans are reviewed utilizing criteria stated in this chapter and as authorized by the Town Law.

A place where animals are butchered for food and not located on a farm where the animals have been produced. These are not considered part of a farm operation.

A place where animals are butchered for food and located on farm where the animals have been grown. On-farm slaughterhouses do not accept animals for butchering from any other farm operation or any outside source.

This is land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops. Criteria for defining and delineating this land are determined by New York State. Generally, additional farmlands of statewide importance include those that are nearly prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce as high a yield as prime farmlands if conditions are favorable. Additional farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law.

Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of a solar energy system on individual properties.[3]

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

A system of components and subcomponents intended for the collection, inversion, storage and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical or other usable energy. This term includes solar panels and solar energy equipment.

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

A system that directly heats water or other liquid using sunlight.

A use or property that is basically appropriate to a given zoning district, but which may be incompatible in some locations within the district and therefore is not permitted by right everywhere within such district. A special permitted use, therefore, is one which is allowable only when facts and conditions specified in this chapter as those upon which the use is permitted are found to exist.

A principal or accessory building in which horses are kept for private use and not for hire or sale.

A principal or accessory building in which horses are kept for remuneration, hire or sale.

Review of an application according to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617 which incorporates the consideration of environmental, social and economic factors into the planning, review and decision-making processes of state, county and local government agencies.

A device that stores energy from the sun and makes it available in an electrical form.

Any structure constructed, installed or placed on the ground and intended for the holding or safekeeping of goods on a property of any type. Nothing originally intended for use on public highways including but not limited to travel trailer, recreational vehicle, or motor vehicle shall be included in the definition of a storage facility. See definitions for "travel trailer," "recreational vehicle" and "motor vehicle." Single-wide mobile homes shall not be used for storage or for housing animals on any property.

That portion of a building included 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.

That part of a building between a pitched roof and the uppermost full story, and having a floor area at least half as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.

A public way which affords the principal means of access to abutting property.

Any change in the supporting members of a building.

Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food is available for consumption on the premises as accessory to the principal use.

A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period permitted by the Town of Minden. Unless noted otherwise, the duration shall not exceed 120 days.

An open lot or part thereof, with it appurtenant structures and facilities, devoted primarily to the showing of motion pictures or theatrical production on a paid admission basis.

A mobile manufactured home that is a residential dwelling, and a minimum of 300 square feet in size, up to 720 square feet. Tiny homes that are built on a permanent basement without a permanent trailer or chassis remaining so that the structure is permanent shall be considered a one-family dwelling. Tiny homes that are built with a permanent trailer or chassis intact so that the structure can be moved shall be considered a mobile manufactured home.

A dwelling where transient guests are lodged for a fee.

One of several units in a building designed for and occupied exclusively as a residence for not more than one family living independently of any other family, separated from other units by a party wall or walls, and erected on a lot intended to be held in the form a condominium or in a single and separate ownership from any adjoining units.

A mobile unit designed for camping, recreational travel or vacation use which is equipped with a chassis and provides partial housekeeping facilities such as plumbing, heating, electrical, cooking or refrigeration systems or equipment. A trailer shall not be considered a permanent dwelling unit. See also "recreational vehicle."

An area occupied or designed for occupancy by two or more trailers or recreational vehicles.

A portable vehicle designed as a temporary dwelling for travel, recreational and vacation use.

A building or area in which freight or materials brought by truck is assembled and/or stored for routing, use or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored. This term shall also mean truck and equipment staging areas.

A use or structure which is incidental but associated with the principal use such as a separate garage or shed, fencing and recreational facilities (e.g., pool, tennis court, etc).

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

Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, designed and intended to supply energy solely into a utility grid for sale to the general public.

Permission to depart from the literal requirements of this chapter.

A departure from the area setback, frontage, coverage, size or other requirements of the applicable zoning district, or a departure from any provision of this chapter, except as to use.

A variance granted for a use or structure that is not permitted in the zoning district.

A building or buildings used as a wholesale distribution center.

An open, unoccupied and unobstructed space on the same lot with a main building, extending the full width of the lot and situated between the front property line and the front line of the main building projected to the side lines of the lot.

A space on the same lot with a main building, open and unoccupied except for accessory buildings, extending the full width of the lot and situated between the rear line of the main building projected to the side lines of the lot and the rear line of the lot.

An open unoccupied space on the same lot with a main building, situated between the side line of the main building and the adjacent side line of the lot extending from the front yard to the rear yard. Any lot line not a front line or rear line shall be deemed a side line.