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Parma City Zoning Code

ARTICLE X

Definitions

§ 165-114 Word usage.

A. 
For the purpose of this chapter, certain words and terms used herein shall be defined within this section and shall be used as directed in this article.
B. 
All words used in the present tense include the future tense.
C. 
All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
D. 
Unless otherwise specified, all distances shall be measured horizontally.
E. 
The word "building" includes the word "structure."
F. 
"Lot" includes the words "plot," "parcel," "tract" or "site."
G. 
The word "premises" includes a lot and all buildings or structures thereon.
H. 
To "erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
I. 
"Used" shall be deemed also to include "designated, intended or arranged to be used or occupied."
J. 
"Shall" is mandatory and not discretionary; "may" is discretionary and not mandatory.
K. 
"He" shall include the feminine gender "she" as well.

§ 165-115 Definitions.

100-YEAR FLOOD
The same meaning as "base flood."
ABANDONED
A dwelling, motor vehicle, household or business appliance or equipment, including parts thereof, if left unattended in a wholly or partially dismantled condition and not capable of being used, or licensed or permitted for its intended purpose, without substantial repairs.
ACCESSORY APARTMENT
A self-contained dwelling unit which is attached to a single-unit home. Accessory apartments may be no larger than 650 square feet.
ACCESSORY BUILDING OR STRUCTURE
The term applied to a building which:
A. 
Is customarily incidental and subordinate to and serves a principal building;
B. 
Is subordinate in area, extent and purpose to the principal building served;
C. 
Contributes to the comfort, convenience or necessity of occupants of the principal building use; and
D. 
Is located on the same parcel as the principal building.
ACCESSORY USE
A use incidental and subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In residential zones accessory use is limited to the occupant of the premises.
ACTION
Any project or physical activity, such as construction or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board or official of the Town of Parma.
ADULT BOOKSTORE
A business enterprise, whether retail or wholesale, having more than 5% of its net floor space set aside or more than 5% of the value of its stock in trade allocated to recordings, books, magazines, pamphlets, pictures, drawings, photographs, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matters depicting or describing human males and/or females in full or partial nudity, including but not limited to displaying male or female genitals, pubic areas or buttocks, with less than a full opaque covering or related to sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity; or
B. 
Live performances which are characterized by the exposure of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or which are characterized by performers that carry out or simulate sexual activities; or
C. 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or which are characterized by performers that carry out or simulate sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise having as more than 5% of its net floor space set aside for the presentation of live shows, motion-picture films or sound recordings, or similar visual or audio material, which are characterized by their emphasis on the description or depiction of human male or female genitals, pubic areas or buttocks with less than a full opaque covering or specified sexual activities; or any business enterprise at which entertainers or waiters and waitresses appear in a state of nudity or display male or female genitals, pubic areas or buttocks; or any business enterprise that offers services requiring the client or customer to appear in a state of nudity or to display male or female genitals, pubic areas or buttocks, except medical and health service establishments.
ADULT MOTION-PICTURE THEATER
An enclosed structure, or portion thereof, used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to human male or female nudity or depicting human male or female genitals, pubic areas or buttocks, for observation by patrons.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment which features persons who appear in a state of nudity or provide live performances which are characterized by the exposure of human male or female genitals, pubic areas or buttocks by performers or performers that carry out or simulate sexual activities.
ADULT-CARE FACILITY
A facility which is authorized in accordance with the rules and regulations of the New York State Department of Social Services to provide residential services, supervision and care to adults who do not require continual medical or nursing care from a hospital, health-related facility or nursing home, but who, by reason of limitations associated with age, physical or mental disabilities or other factors, may not be able to live independently.
AGRICULTURAL ADVISORY COMMITTEE
The Committee appointed by the Town Board to advise the Town on matters that impact on agriculture within the Town.
AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes, including but not limited to: dairying, field cash crops, pasturage, fruit and vegetable farms, nurseries, animal and poultry husbandry, and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
AIRSTRIP
Any area of land designed for the operation of general aviation aircraft, including hangars for storage and servicing, taxiways, landing strips and accessory uses.
AIRSTRIP, PRIVATE
An airstrip, as defined above, used solely for the benefit of the landowner and for emergency landing when necessary.
ALLEY
A public or private way not more than 40 feet wide affording only secondary means of access to abutting property.
ALTERATIONS
As applied to a building or structure:
A. 
The change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities;
B. 
An enlargement of a building or structure, whether by extending on a side or by increasing in height;
C. 
The moving from one location or position to another; and
D. 
Any alteration whereby a structure is adapted to another or different use, including any separation into rooms or spaces by the installation of nonbearing partitions.
ANIMAL CARE ESTABLISHMENT
Any facility maintained for the treatment, care, grooming, or boarding of domestic animals. This includes kennels, animal hospitals, animal shelters and other similar uses which are further defined herein.
ANIMAL HOSPITAL OR VETERINARY CARE
Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal disease and injury wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication service (PSC) and microwave communications
APARTMENT
A dwelling unit that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.
APARTMENT BUILDING
A building arranged, intended or designed to provide three or more dwelling units independent of each other, but having common hallways and entrances.
APPEAL
A request for a review of the Code Enforcement Officer's interpretation of any provision of this chapter or a request for a variance.
AREA
The extent of horizontal surface contained within the boundaries or extremities of land or building. Also see "lot area."
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-30, A99, V, VO, VE or V1-30. It is also commonly referred to as the base floodplain or 100-year floodplain.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year. This term is also currently known and referred to as the "100-year flood."
BASEMENT
The space of a building that is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. For purposes of defining a basement, as further required under the National Flood Insurance Program (NFIP), the term shall mean that portion of a building having its floor subgrade (below ground level) on all sides. In addition to the above, a crawlspace that exists (or is proposed) below subgrade on all sides is also considered to be a basement under the NFIP.
BED-AND-BREAKFAST (B&B)
A single-family dwelling occupied and used by the owner of such dwelling as his principal residence and within such dwelling unit there are accessory guest rooms provided for compensation wherein a morning meal to not more than 10 lodgers is provided and five bedrooms are provided for such lodgers.
BLOCK
The length of a street between two intersections.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUFFER AREA
A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise or other noxious or objectionable elements.
BUILDING
A structure with a roof supported by columns, walls, trees or inflated air, or a roof supported by any other means and having a horizontal area of more than 50 feet that is intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING COVERAGE, PERCENT OF
The percent of building coverage of any lot shall be equal to 100 times the ratio of the gross horizontal area of all principal and accessory buildings that have roofs on them (including covered breezeways, covered porches, covered cantilevered structures, etc.) measured from the exterior faces of the exterior walls but shall not include any structure (such as a patio or deck) that does not have a roof, divided by the horizontal area of the lot.
BUILDING GROUP
Any building, such as a store group, which is divided into separate parts by one or more unpierced walls, extending from the ground up.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade level, touching the exterior walls of the building, to the height of a pitched, gabled, hip or gambrel roof, excluding bulkheads and other roof construction.
BUILDING LINE
A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building lines.
BUILDING PERMIT
A written permit issued by the Code Enforcement Officer documenting compliance with the Uniform Code.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS
Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes offices, recreational and amusement enterprises and any operation where the above-described activities are conducted in return for remuneration of any type. For the purpose of this chapter, "business" shall have the same meaning as commercial, and reference to commercial districts or zones shall be interpreted as referring to business districts.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles. A-frames and the motor vehicles propelling or carrying the same, but excluding mobile homes, A-frames or other structures designed for year-around occupancy or as a place of residence.
CANTILEVER
The free part of a horizontal member of a structure projecting beyond a support.
CAR WASH
A structure or building designed for the washing, waxing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the filling station.
CELLAR
That portion of a building that is partially or entirely below grade and has more than 1/2 of its height (measured from floor to ceiling) located below the average finished grade of the ground adjoining the building.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer upon completion of a change in use of an existing building or upon the completion of a project that requires a building permit. Said certificate shall acknowledge compliance with all requirements of the Town's Code, local laws, variances and special permits in existence as of the date of the issuance of the certificate of compliance and applicable New York State codes.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Uniform Code.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
CLUSTER DEVELOPMENT
A development of residential lots, some of which may contain less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-30, VE, VO or V.
CODE ENFORCEMENT OFFICER
Any official designated by the Town Board of the Town of Parma to enforce the provisions of this chapter. Such official shall also be designated to enforce the provisions of other local laws.
COMMON AREA
Space reserved for use by any and all residents of a housing development, including but not limited to halls, stairways and landings in apartment houses.
COMMUNICATION TOWER
See "tower."
CONDOMINIUM
An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land and facilities (common elements), is owned in common by all homeowners in the development. The owner has title to the interior individual dwelling and a shared interest in the common elements.
CORNER LOT
A piece of property that abuts two intersecting roads, or proposed road.
COUNTY PLANNING BOARD
The Planning Board of the County of Monroe.
COUNTY PLANNING DEPARTMENT
The Monroe County Department of Planning and Development, the County Planning Agency identified under §§ 239-l, 239-m and 239-n of the General Municipal Law, for Monroe County.
CUL-DE-SAC
A minor street intersecting another street at one end and terminated at the other end by a circular vehicular turnaround.
CURB LEVEL
The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean levels of the curb on the two intersecting streets. Where no such grade has been established, the Superintendent of Highways shall establish same.
DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Welfare, for the care of either six or more children, or six or more adults, for less than 24 hours a day on a regular basis.
DEDICATION
The deliberate appropriation of land by its owner for any general public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.
DEPARTMENT OF HEALTH
The New York State Department of Health and any other health board or department established pursuant to the laws of the State of New York or Monroe County and having authority for the regulation of matters pertaining to the public health of the Town.
DEVELOPMENT
Any storage of equipment and materials, or man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
DISTRICT
A portion of the territory of the Town of Parma within which certain uniform regulations and requirements, or various combinations thereof, shall apply under this chapter and other Town of Parma local laws or regulations.
DOCK
A structure designed to provide access from the shore to a water body for swimming, boating or other recreational use.
DRIVE-THROUGH FACILITY
A facility providing service or delivery of goods to persons in a vehicle, the vehicle being driven to a position designed to provide that service or goods from inside a building.
DRIVEWAY
A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.
DWELLING
A building or portion thereof designed or used as the living quarters for one or more families or for individuals. The term "dwelling" shall not be deemed to include a motel, hotel, boardinghouse or recreational vehicle. See also "building" and "structure."
DWELLING UNIT
A building or portion thereof providing complete living facilities and used for occupancy by a single family or persons living as a single nonprofit housekeeping unit.
DWELLING, MANUFACTURED
A factory-built residential dwelling unit designed to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations and placement on a permanent foundation and connections to utilities. Manufactured housing built after June 15, 1976, shall meet the National Manufactured Home Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development and applicable New York State codes. A recreational vehicle shall not be considered as a manufactured dwelling, nor may be it used as such.
DWELLING, MULTIFAMILY OR MULTI-UNIT
A residential building designed for, or occupied by, three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-UNIT
A detached residential dwelling unit designed for and occupied exclusively by one or more persons living as a single nonprofit housekeeping unit.
DWELLING, TWO-UNIT
A detached residential building, containing two dwelling units, designed and used for occupancy by two families living independently of each other as nonprofit housekeeping units. A duplex is a two-family dwelling which is designed with a common wall.
EASEMENT
A specified (limited) use of private land for a public or quasi-public purpose.
ELEVATED BUILDING
A nonbasement building: built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
ENVIRONMENTAL ASSESSMENT FORM (EAF)
The form required by Town agencies to assess the potential environmental impacts of a proposed action and to determine the environmental significance of a proposal.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities, or any government department or commission, of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or to the public health or safety or general facilities or sites for the disposal of waste materials associated with the provision of such services. Maintenance facilities, including storage yards and buildings, associated with the operation of essential services are also included within the definition of this term.
EXCAVATION
The process of the removal or stockpiling of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.
EXCAVATION SITE
A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation. See also "mining permit."
FACADE
An exterior wall of a building that is adjacent to or fronts on a public street, park, or plaza.
FAMILY
One or more persons, whether related or not by birth, blood, marriage or adoption, living together as a single nonprofit housekeeping unit in a dwelling unit.
FARM
Any parcel containing at least five acres of land which is used for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm.
FARM STAND
See "roadside stand."
FARMER'S MARKET
Any building, structure or place, the property of a municipal corporation or under lease to or in possession of a public or private agency, used or intended to be used by two or more producers for the direct sale of farm and food products from producers to consumers and food buyers. Such market may also include facilities for the packing, shipping, first-instance processing or storage of farm and food products, and shall include all equipment used or intended to be used in connection with such facilities. Such market may also include other businesses which reasonably serve the public or make the market more convenient, efficient, profitable or successful, including, but not limited to, food service, baking, and non-food retailing.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FENCE
A structure of wood, masonry, wire mesh or other material, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FILLING STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubricating, washing and minor repairs.
FINISHED GRADE LEVEL
The level where the finished grade of the ground intersects the foundation walls. Height measurements shall be based from the average elevation of the finished grade level, along the wall to which the setback applies.
FLAG LOT ACCESS
The panhandle portion of a flag lot having at least 20 feet in lot width and which provides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.
FLAG LOT, INTERIOR
That portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district.
FLEA MARKET
The sale of goods or services by one or more vendors on a site and primarily out-of-doors but from within stalls, booths or other specified sales locations. The term as defined excludes yard sales and garage sales at a private residence.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
C. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source. (See definition of "flooding.")
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The same meaning as "regulatory floodway."
FLOOR
The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
FLOOR AREA
For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting rooms or alteration rooms.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the outside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, gross floor area shall not include areas used principally for nonpublic purposes such as storage, rest rooms, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLE
The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a habitable floor. All dimensions shall be measured from the exterior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FOOTCANDLE
A measure of illumination on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
GARAGE SALE
The periodic sale on a residential lot of household items or other tangible personal property which is advertised to the public at large. Also known as yard, household, or tag sale.
GARAGE, PRIVATE
An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot on which it is erected, with no provision for repairing or servicing such vehicles for profit.
GLARE
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.
GROUND FLOOR AREA
The maximum horizontal area of a building at the ground level. The minimum ground floor area refers to the principal residence within the exterior limits of the principal foundation walls, excluding all accessory buildings, private garages, porches, patios or other accessory structures.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HOME BUSINESS
An accessory use conducted within a single-family, occupied dwelling or an attached or detached accessory structure for gainful employment involving the manufacture, provision or sale of goods and services principally on the premises, and which is not included within the definition of "home occupation."
HOME OCCUPATION
Any occupation or profession, including family home daycare, conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof, and not more than one nonresident, which is clearly incidental and secondary to the use of the dwelling for residential purposes, does not change the character thereof. Except for family home daycare, a home occupation for the purpose of these regulations shall not involve client or customer visits to the home.
HOTEL
See "motel."
INTERIOR WALK
A right-of-way for pedestrian use extending from a street into a block or across a block to another street.
JUNK
Includes scrap metals and their alloys, bones, used materials and products, such as rags and cloth, rubber, rope, tinfoil, bottles, plastic, old tools and machinery, motor vehicles or other motorized vehicles and their parts, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
JUNKYARD
A. 
A lot, land or structure, or part thereof, where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including: motor vehicles or other motorized vehicles and their parts; machinery, wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of reclaiming for use some or all the materials therein, or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, or for processing of used, discarded or salvaged materials as part of manufacturing operations.
B. 
The following exceptions shall not be considered junkyards:
(1) 
New and/or used motor vehicles which are operable, qualify for a current New York State motor vehicle inspection sticker under Article 5 of the New York Vehicle and Traffic Law and are offered for sale to the public may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of this chapter.
(2) 
The storage of vehicles subject to seasonal use such as recreational vehicles and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use.
(3) 
The storage of agricultural equipment, machinery and vehicles which are being used in bona fide farm operation.
KILOWATT (kW)
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.
KITCHEN
Any part of a space, room or dwelling unit which is used for the preparation of food, including, at least, a refrigerator, sink and cooking device.
LANDSCAPED AREA
The area required or permitted to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings, and ornamental features which are integrated with the vegetation.
LAUNDROMAT
A business that provides washing, drying, and/or ironing machines for hire to be used by customers in a single building.
LIVERY
The rental of horses or carriages for gain or commercial purposes.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
LOCAL ADMINISTRATOR
The person appointed by the Town Board to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person shall be the Code Enforcement Officer.
LODGING ROOM
A room rented as sleeping and living quarters, but without cooking facilities, with or without an individual bathroom.
LOT
A parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by a common interest or use, and the customary accessory uses and open space belonging to same.
LOT AREA
The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.
LOT COVERAGE
Impervious coverage is measured by dividing the total area of the building footprints of all principal and accessory structures and all paved surfaces of the site, by the total lot area.
LOT DEPTH
The minimum horizontal distance from the front lot line of a lot to the rear line, measured at right angles 90° to the front lot line.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered front yards.
LOT LINE, FRONT
The line separating the lot from the boundary of the highway or right-of-way upon which the lot abuts.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
The lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREET OR ALLEY
A lot line separating the lot from a street or alley.
LOT OF RECORD
A lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH
The horizontal distance between the side lot lines measured parallel to the street line at the front setback line.
LOT, CORNER
A parcel of land at the junction of, and fronting on, two or more intersecting streets. For determination of minimum setbacks, all corner lots shall be deemed to have two front yards, a side yard, and a rear yard. Rear yard shall be determined as the area behind the house, opposite of the main entrance door to the structure.
LOT, FLAG
An approved lot having less lot width than otherwise normally required for the zone district. The portion of the lot that provides access to the interior portion of the lot shall not be less than 20 feet in width, shall not be considered buildable and shall not be used in the calculation of the minimum lot area requirements for the zone district. The interior portion of the lot shall meet the minimum lot area requirements for the zone district.
LOT, THROUGH
A lot which is not a corner lot and which has frontage on two streets.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including crawl space, basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED AND MOBILE HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term shall include any structure that meets all of the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established under Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.
MEAN SEA LEVEL
For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MEGAWATT (MW)
A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be described in terms of MW.
MEMBERSHIP CLUB
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that they are not conducting any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.
MINERAL SOIL GROUPS 1 TO 4 (MSG 1 to 4)
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.
MINING PERMIT
A valid permit from the New York State Department of Environmental Conservation issued pursuant to Article 23, Title 27, of the Environmental Conservation Law. See also "excavation."
MIXED-USE BUILDING
A building within which residential as well as nonresidential uses occur. All mixed-use buildings shall have all residential uses on a second and/or third story of the building.
MOBILE HOME LOT
A parcel of land within a mobile home park reserved for the placement of a mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and/or improved for the placement of two or more mobile homes for nontransient use.
MOBILE HOME STAND
That part of the mobile home lot which has been reserved for the placement of a mobile home, appurtenant structure or additions, including driveway apron and patio. The mobile home stand is derived from the area of the lot which remains after all setbacks are met.
MOTEL
A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities; and which may include restaurant facilities, and a dwelling unit for a bona fide caretaker or operator. The term motel includes: hotels, auto courts, motor lodges and similar terms. Each sleeping unit shall contain not less than 240 square feet of living space.
MOTOR VEHICLE
Any vehicle which is propelled by a power other than muscular power, except electrically driven invalid chairs being operated or driven by an invalid. Motor vehicles shall include, but not be limited to, motor vehicles, race cars, trucks, motorcycles, motor bikes, boats, all terrain vehicles, snowmobiles, recreational vehicles, trailers and tractors, including farm type tractors, etc.
MOTOR VEHICLE SALES FACILITY
The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new motor vehicles, or used motor vehicles as an ancillary use of a zoning lot, and any warranty repair work and other repair service conducted as an accessory use.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures therein, which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means, body and fender work or the dismantling or replacing of engines.
NAMEPLATE CAPACITY
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).
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation and includes any subsequent improvements to such structure.
NEW MOBILE HOME PARK OR SUBDIVISION
A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure lawfully existing at the date of enactment or amendment of this chapter, local laws or regulations which in its design or location upon a lot does not conform to the regulations specified in this chapter for the zone district in which it is located.
NONCONFORMING LOT
A lot of record lawfully existing at the date of the enactment or amendment of this chapter, local laws or regulations which does not have either the minimum width, depth or area specified in this chapter for the zone district in which it is located.
NONCONFORMING USE
Any use of land, buildings or structures lawfully existing on the date of enactment or amendment of this chapter, local laws or regulations which does not conform to the use regulations specified in this chapter for the zone district in which it is situated.
NOTICE
Written or oral information relating to the purpose, date, time and place where a meeting is to be held.
NURSERY SCHOOL
A place provided or designed to provide daytime care or instruction for three or more children from two to five years of age away from their home for up to five hours per day.
NURSING CARE HOME
Any place or institution for the aged, infirm, senile, chronic or convalescent, established to render, for compensation, domiciliary care, custody, treatment and/or lodging of two or more persons who require or receive special diet; assistance in feeding, dressing, walking, administering medicines or carrying out the treatment of a doctor licensed by the State of New York in any other ordinary daily activities of life; or are confined to a bed or a chair. This item does not include institutions for the treatment of the mentally ill, hospitals, sanitariums, boardinghouses and the like.
OPEN SPACE
Area unoccupied by any building, structure or parking area, whether paved or unpaved.
OUTDOOR DISPLAY AND SALES
Includes uses which sell, rent or display merchandise or equipment predominantly outside of an enclosed building. Such uses do not include storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.
OUTDOOR STORAGE
The location of any goods, wares, merchandise, commodities, junk, debris, or any other item outside of a completely enclosed building for a continuous period longer than 24 hours.
OUTPARCEL
A parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel.
PARKING AREA, PRIVATE
An area for the same use as a private garage and subject to the same conditions.
PARKING AREA, PUBLIC
An area, other than a street or other public way, used for the parking of motor vehicles and available to the public.
PARKING SPACE, OFF-STREET
A space adequate for parking a motor vehicle, other than motor vehicles offered for sale on the site, and having an area of not less than 162 square feet per vehicle, exclusive of passageways and driveways appurtenant thereto.
PERMITTED USE
Any use listed in any zoning district as permitted.
PERSON
Any individual, firm, partnership, corporation, association, trustee, receiver or assignee or person acting in any other representative capacity.
PLAN
A drawing on a flat surface showing the requirements as specified by the Town of Parma Code. This may be supported with written information where necessary for clarification.
PLAN, FINAL
A complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision or site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings, and the general layout of the proposed subdivision or site.
PLANNING BOARD
The Planning Board of the Town of Parma.
PORTABLE ON-DEMAND STORAGE STRUCTURES
Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located outside an enclosed building and which is not part of a motor vehicle.
PRINCIPAL USE
The main or primary purpose for which a building, structure or lot is to be used.
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
PROFESSIONAL OFFICE
Professional or government offices including those for a person or persons generally classified as professionals, such as architects, engineers, attorneys, accountants, doctors, dentists, chiropractors, psychiatrists, psychologists, and the like.
PROHIBITED USE
A use of a building, structure, lot or land, or part thereof, which is not listed as a permitted use, accessory use or special permitted use.
PUBLIC AND SEMIPUBLIC BUILDINGS AND USES
Any one or more of the following uses, including grounds and accessory buildings necessary for their use:
A. 
Church, places of worship, parish houses and convents.
B. 
Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
C. 
Nursery schools, elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
D. 
Golf courses and country clubs when occupying not less than 50 acres, not including, however, clubs whose activities includes the maintenance, storage or takeoff or landing of aircraft.
E. 
Public libraries and museums.
F. 
Fire, ambulance and public safety buildings.
G. 
Hospitals for the care of human beings, nursing homes, convalescent homes, homes for the adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
H. 
Membership corporations established for cultural, social or recreational purposes.
I. 
Day-care centers approved by the New York State Department of Social Services.
PUBLIC WAY
Any right-of-way open to the public for vehicular or pedestrian access.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
400 square feet or less when measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by an automobile, SUV, or light-duty truck; and
D. 
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY
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 in a Flood Insurance Study or by other agencies as provided in § 165-83D(2)[1] of this chapter.
RESERVOIR SPACE
Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by this chapter. One reservoir space shall be 24 feet long and 10 feet wide.
RESIDENTIAL CARE FACILITY
A residence under public, voluntary nonprofit, or proprietary sponsorship and regulated by an agency of the state or federal government; it provides care and support services, other than 24-hour nursing care, for approximately five to 25 persons with disabilities which may be developmental, emotional, physical, or social in origin. RCF's are known by a number of names including agency operated boarding home, group home, group residence, family care home, hostel and halfway house.
RESIDENTIAL LOT or RESIDENTIAL BUILDING PLOT
Any parcel of land used for residential purposes. The term "residential" shall include temporary, seasonal and permanent residential use.
RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, FAST-FOOD
A restaurant where patrons are not customarily served at tables or sit-down counters; where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged or is prepared in a manner in anticipation of customers; and where the customer places an order at a common counter by waiting in line or by being served through a sequential numbering system. Such uses as soft drink parlors, ice cream and/or hot dog stands and the like shall be considered to be in this general classification.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic street and a minor street and with vehicular access solely from the latter.
RIGHT-OF-WAY OR HIGHWAY LINE
The line, present or proposed, which is the joint boundary line between a lot and the street or highway right-of-way.
ROADSIDE STAND
Retail outlets, with all related structures for the sale of agricultural products grown on the farm upon which such stand is located.
ROOMING HOUSE (BOARDINGHOUSE)
A dwelling other than a hotel, motel or tourist home, where more than three persons are housed or lodged for hire with or without meals. A rooming house is distinguished from a tourist home in that it is designed to be occupied by longer term residents as opposed to overnight or weekly guests.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SATELLITE DISH ANTENNA
A combination of: an antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources; a low noise amplifier whose purpose is to carry signals into the interior of a building.
SELF-SERVICE STORAGE FACILITY
A use that contains compartmentalized space for lease, rental or sale to businesses or individuals for storage of materials or personal property and allows such businesses or individuals to have access to such space.
SETBACK
The distance between the street line, rear or side lines of the lot, and the front, rear and side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the nearest portion of the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks." The required front setbacks exclude entrance steps or porches which are not more than seven feet in depth and which are not enclosed.
SHOPPING CENTER
A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
SIGHT DISTANCE
The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.
SIGN
Any material, structure or part thereof, or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, billboards, sign boards, illuminated signs, pennants, fluttering devices, projecting signs or ground signs.
SIGN COPY AREA
The actual area of the background occupied by the sign. It is computed by drawing straight lines adjacent to the closest extremities of the individual letters or words and is computed in the same manner when there is no background area. Where there is no background, the size of the copy area shall be equal to what would be permitted if the background were provided.
SIGN ERECTION
The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixage or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.
SIGN LIGHTING DEVICE
Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.
SIGN, BUILDING FRONT OR FACE
The outer surface of a building which is visible from any private or public street, highway or driveway, including signs inside window display areas.
SIGN, BUSINESS
A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.
SIGN, DIGITAL
A sign that has or appears to contain movement or that appears to change, caused by a method other than physically removing and replacing the sign or its components whether the real or apparent movement or change is in the display, the sign structure itself, or any other part of the sign. A digital sign often incorporates a technology allowing the sign face to change the image without the necessity of physically or mechanically replacing the sign face or its components. A digital sign may include a rotating, revolving, moving, flashing, blinking, or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, electronic message centers, or other similar methods or technologies that permit a sign face to present different images or displays.
SIGN, DIRECTIONAL
A sign that directs attention to the location of a local service or place of business.
SIGN, FEATHER FLAG
A vertically oriented banner attached to a single pole with the fabric hanging loosely at one or two corners. It's also known as a banner flag sign or swooper sign.
SIGN, ILLUMINATED
A sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.
SIGN, MONUMENT
A sign that is supported by a foundation of one or more columns, uprights or braces not attached to or forming part of a building or structure. The sign shall be no higher than five feet above grade, otherwise such sign shall be classified as a pole sign.
SIGN, NONCONFORMING
A sign which exists at the time of enactment or amendment of this chapter and which does not conform to the regulations and restrictions imposed herein.
SIGN, OUTDOOR ADVERTISING
A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.
SIGN, POLE
A sign that is affixed to, attached to, or erected on a freestanding pole or other support that the bottom edge of the sign face is greater than five feet above grade. Pole signs are prohibited in the Town of Parma.
SIGN, PORTABLE OR MOBILE
A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.
SIGN, PROJECTING
A sign attached to or supported by a building or structure in such a manner that it extends more than one foot from the building's facade.
SIGN, ROOF
Any sign constructed on or supported by the roof of any building or structure.
SIGN, TEMPORARY
A sign which is intended to advertise a community or civic project, real estate for sale or lease, or other special events for a limited period of time.
SIGN, WALL
A sign fastened or applied to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
SIGN, WINDOW
A sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen.
SITE PLAN
A plan, to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space, and any other information deemed necessary by the Code Enforcement Officer, Planning Board or Town Board, or Zoning Board of Appeals.
SMALL-SCALE RETAIL USE
An establishment of 10,000 square feet or fewer of gross floor area engaged in the sale or rental of goods for consumer or household use; excluding, however, animal sales or service, building materials and/or supplies. Typical uses include, but are not limited to, the sale of consumer goods, food and sundry items, beauty salons and barber shops, coffee shops, ice cream shops, and boutiques.
SOLAR ARRAY SYSTEM, LARGE-SCALE
Any ground-mounted solar array system with a nameplate capacity between 25 kW AC and 1 MW AC, or with a total solar facility area of up to 80 acres in size. Large-scale solar array systems generate no more than 110% of the electricity consumed on-site over a 12-month period.
SOLAR ARRAY SYSTEM, ROOF-MOUNTED
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.
SOLAR ARRAY SYSTEM, SMALL-SCALE
Any ground-mounted solar array system with a nameplate capacity up to 25 kW AC, or with a total solar panel surface area of up to 4,000 square feet.
SOLID WASTE
Garbage, refuse and other discarded solid materials, including such materials resulting from industrial, commercial, residential and agricultural operations and community activities.
SPECIAL PERMITTED USE
A use that would not be appropriate generally, or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relating to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as a special permitted use only if specific provision for such special permitted use is made in this chapter.
STABLE
A building in which any horses are kept for remuneration, hire or sale.
STABLE, PRIVATE
A building in which horses are kept for the sole use of the owner and for which there is no remuneration or hire.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials.
STORY
That portion of a building between the surface of any floor and the surface next above it; if there be no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story, but a cellar shall not be counted as a story.
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than four feet above the floor of such story and having a ceiling height of at least 7 1/2 feet over not more than 1/2 the total floor space.
STREET
A public or private thoroughfare which affords the principal means of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STREET LINE
The right-of-way line of a street; the front lot line; the line separating a lot from a street.
STREET, MAJOR
A roadway used to move traffic into, through and out of major portions of the Town, designed for heavy traffic.
STREET, MINOR
A roadway whose major purpose it to provide direct access to properties.
STRUCTURE
Any assembly of materials arranged, connected or installed in a manner to allow temporary or permanent occupancy, use or shelter for humans, animals, materials or equipment.
SUBDIVIDER
The owner, or authorized agent of the owner, of a subdivision.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other division of land, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
SWIMMING POOL
Any man-made body of water or receptacle for water, which has a capability of a depth of more than two feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below ground. The term shall not apply to farm ponds or drainage control facilities (i.e., detention or retention ponds).
SWIMMING POOL, ABOVEGROUND
A swimming pool having more than 3/4 of its water content above the level of the surrounding ground.
SWIMMING POOL, IN-GROUND
A swimming pool having 3/4 or more of its water content below the level of the surrounding ground.
TEMPORARY USE
An activity conducted for a specific limited period of time which may not otherwise be permitted by Town ordinances, laws or regulations. Examples of such uses are structures incidental to new construction which shall be removed after the completion of the construction work.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. For purposes of the Town Code, tourist home shall include bed-and-breakfast establishments.
TOWER
Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as, or for the support of, devices to be used for the transmission and/or reception of radio frequency signals or microwave, such as, but not limited to, broadcast, shortwave, citizens band, cellular communications, paging, FM or television signals, wind-driven devices such as energy converters and windspeed and/or direction indicators, or any energy-creating enterprise or for personal observation.
TOWN BOARD
The Town Board of the Town of Parma.
TOWN CLERK
The official elected to the position of Town Clerk of the Town of Parma.
TOWN SUPERINTENDENT OF HIGHWAYS
The official elected to the position of Town Superintendent of Highways for the Town of Parma.
TOWNHOUSE
An independent single-family dwelling unit which is one of a series of dwelling units, having a common party wall between each adjacent unit, each with private outside entrance.
TOWNHOUSE CLUSTERS
A building, or group of buildings, with each building containing not more than eight townhouse dwelling units connected by common party walls.
TOWNHOUSE DEVELOPMENTS
A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained elsewhere in these regulations.
TRACT
Any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan.
TRUCK TERMINAL
Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. A nonconforming use is one which does not comply with the permitted uses of the zone district in which it is located.
VARIANCE, AREA
Authorization by the Zoning Board of Appeals for the use of land or buildings, in a manner which is not allowed by the dimensional or physical requirements of this chapter. Area variances involve matters such as setback lines, frontage requirements, lot size restrictions, density regulations and yard requirements.
VARIANCE, USE
Authorization by the Zoning Board of Appeals for the use of land or buildings for a purpose which is otherwise not allowed or is prohibited by this chapter.
WALL
A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WASTE
Constitutes any material temporarily or permanently discarded or unwanted and not stored in a vermin-proof, sealed enclosure or structure for subsequent disposal.
WINDMILL
An alternate energy device which converts wind energy, by means of a rotor, to mechanical or electrical energy. A wind generator may also be deemed a windmill.
WOODLOT
An area consisting of five or more contiguous acres with more than 90% of its surface area covered in native or naturalized trees. These tree species shall have an average d.b.h. (diameter at breast height) of six inches or more. These areas shall not include orchards or commercial tree plantations or areas overgrown with nontree species.
YARD
A required open space unoccupied and unobstructed by any structure or portion of a structure, and situated between the principal building or group of buildings and the nearest lot line.
YARD WASTE
Brush, grass clippings, leaves, vegetable waste, shrub and tree prunings six inches or less in diameter from residences and businesses that require disposal.
YARD WASTE COMPOST
A compost made by composting leaves, grass clippings, sticks, vegetable waste, and other small size yard debris.
YARD, FRONT
A yard extending between the side lot lines across the front of a lot adjoining a street; situated between the street line and the building front line.
YARD, REAR
A yard extending between the side lot lines situated between the rear line of the building and the rear lot line. In the case of through lots, there shall be no rear yards, but only front and side yards.
YARD, SIDE
A yard extending between the side building line and the nearest side lot line; situated between the front and rear yards.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Parma.
ZONING PERMIT
Certification by the Code Enforcement Officer that the proposed lots, structures, or uses of land and structures, and the characteristics of such uses, are in conformity with this chapter. Such certification may be issued prior to or in conjunction with the issuance of a building permit pursuant to the NYS Uniform Code.
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Editor's Note: So in original.