Any RES that ceases to operate as designed for 12 months consecutively.

Any equipment serving or being used in conjunction with a communications facility or wireless support structure. The term "accessory equipment" includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

An accessory facility or structure serving or being used in conjunction with a communication tower and located on the same lot as the communication tower, including utility or transmission equipment storage sheds or cabinets.

A building that is an accessory structure used for the private storage of personal property belonging to the owner and/or resident(s) of such property where the building is located. This definition shall not include buildings used in association with a permitted customary agricultural operation or buildings used for the growing or propagation of plants (greenhouses), pool cabanas or the housing or sheltering of animals.

A structure customarily incidental and subordinate to the principal building on the same lot where the principal building is lawful and where there is unity of ownership between the principal building and accessory structure. A structure which dominates the principal building in area is not eligible to qualify as an accessory structure.

A use customarily incidental and subordinate to the principal use, where the principal use is lawful, where there is unity of ownership between the principal and accessory use, and where the principal and accessory uses are located on the same lot. A use which dominates the principal use in area, extent or purpose is not eligible to qualify as an accessory use. Under no circumstances shall any explicitly prohibited use qualify as an accessory use.

A renewable energy system that is limited to on-site use and up to 125% of monthly, on-site consumption within the limits set forth in the NYS Uniform Code.

A group of fruit-bearing plants or trees under cultivation for either commercial purposes or private consumption.

Any structure which is built or placed so as to be attached to a building and have a common wall with the building to which it is attached.

A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers, topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcades; adult bookstores or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and adult entertainment establishments customarily exclude minors by reason of age.

An apparatus designed for the purpose of receiving as well as transmitting radiofrequency (RF) signals, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

A building arranged, intended or designated to be occupied by three or more resident households living independently of each other.

Any entity that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way or other Town-owned land or property.

All necessary and appropriate documentation that an applicant submits in order to receive permission to construct and operate wireless communications facilities.

A person or persons employed by the Town of Penfield so designated to perform those duties of enforcing the provisions of this chapter. "Authorized official" includes without limitation the Town Supervisor, Director of Developmental Services, Town Engineer, Fire Marshal/Building Inspector, Code Enforcement Officer and/or any employee designated by them, and as may be amended.

The cross-sectional area of a tree, measured at breast height (ABH), generally considered to be 4.5 feet above existing ground level. Basal area is measured in square feet.

Any structure or equipment at a fixed location, not including a tower, that enables FCC-licensed communications between a user and a wireless network.

An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.

A single cell or a group of cells connected electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.

A bed-and-breakfast facility is not a hotel or motel, but rather is a dwelling in which overnight accommodations for a maximum stay of one week and breakfast only are provided or offered for transient guests for compensation. Such use is secondary to the occupancy of the dwelling by a family.

A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the NYS Uniform Code, and complies with the following:

Any freestanding sign that directs attention to a business, commodity, service or entertainment, other than for charitable or civic events or issues, conducted, sold or offered at a location other than the premises or site on which the sign is located.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons or animals.

The vertical distance from a building's grade plane to the highest roof surface.

The lines which delineate the area on which a structure may be legally erected.

That portion of a building facade adjacent to the space occupied by a single business owner or tenant in which the primary or main public entrance to such business or industry is located.

A room enclosure erected or constructed adjacent to a mobile/manufactured home for residential use by the occupant of the mobile/manufactured home.

A portable vehicular structure mounted on wheels and constructed with or without collapsible partial side walls of fabric, plastic or other material which are adapted for folding for towing by another vehicle and unfolding at the campsite to provide temporary living quarters for recreational, camping or travel use.

A retail facility that sells at retail any cannabis product, the sale of which a license is required for an adult-use cannabis retail dispensary under the provisions of the New York State Marijuana Regulation and Taxation Act.

A New York State Department of Health review process, mandated under state law, that governs the establishment, ownership, construction, renovation and change in service of specific types of health care facilities, including, but not limited to, hospitals, nursing homes, diagnostic and treatment centers, birth centers, ambulatory surgical centers, hospices, adult care facilities and long-term home health care programs.

A sale, event or other activity, lasting 30 days or less, conducted by a charitable organization for the purpose of generating financial profits or donations of monies, materials or services to benefit charitable causes.

An area around a mapped Environmental Protection Overlay District (EPOD) in which the actual EPOD may occur. If a regulated activity encroaches into this area, applicants will be required to contact the Town Engineer to make a determination if an EPOD permit is required for the activity.

A public event, lasting 30 days or less, occurring within the Town of Penfield, including but not limited to parades, carnivals, festivals, displays and shows conducted by or in conjunction with the Town of Penfield.

The mounting or installation of one or more wireless communication facilities (WCFs), including antennas, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

Notwithstanding any provision hereof to the contrary, for purposes of this chapter in no event shall the terms "commercial," "commercial uses," or any variation thereof, be construed to mean, be, include, or authorize within the Town any explicitly prohibited use.[1]

Any document, styled comprehensive or master plan or otherwise, adopted by the Town Board for the protection, enhancement, growth, and development of the Town, immediate as well as long-range, specifically pursuant to Town Law § 272-a, together with all other materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material, adopted by the Town Board, that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the protection, enhancement, growth and development of the Town.

The use of a parcel of land of five acres or more for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and roadside stands within the prescribed limitations and the storage of necessary equipment. It includes also the use of a parcel of land of less than five acres, except that on such parcels, the raising of fur-bearing animals, livery or boarding stables, dog kennels and the raising of livestock and poultry for sale and slaughter is excluded and therefore prohibited. No housing of poultry or stabling of livestock or storage of manure or other odor- or dust-producing material shall be allowed within 100 feet of any lot line. When, in conjunction with the customary agricultural operation, the lodging for hire of more than four persons is prohibited, in no event shall customary agricultural operations be construed to mean, be, include, or authorize within the Town natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.

A business conducted by a resident wholly within the dwelling unit subject to the limitations found in § 250-5.1D(3)

Any person, firm, association, partnership, corporation, or any other legal entity, who intends to engage in development activities, as defined in § 120-4.

See "antenna."

Construction activities, including clearing, grading, excavating, soil disturbance or placement of fill that result in land disturbance.

An electric vehicle charging station that does not require the installation, alteration, or repair of any electrical wiring.

An electric vehicle charging station that requires the installation, alteration, or repair of any electrical wiring and is fed by services or feeders rated less than 400 amps.

An electric vehicle charging station that requires the installation, alteration, or repair of any electrical wiring and is fed by services or feeders rated equal to or greater than 400 amps.

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided unless a remedy is possible.

The Environmental Protection Agency.

Notwithstanding any provision hereof to the contrary, for purposes of this chapter, in no event shall the term "excavated materials," "excavation," "excavating" or any variation thereof be construed to mean, be, or include natural gas, or to authorize within the Town natural gas and/or petroleum extraction activities or any other explicitly prohibited use.

The explicitly prohibited uses defined and described in Article IV of this chapter.

Property lines which encompass a total multiple dwelling development, townhouse development and mobile home park development.

The Federal Aviation Administration.

The area occupied by any components and subsystems which are required for the operation of a renewable energy system including, but not limited to, energized equipment, utility lines, and perimeter fencing.

A structure that 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.

Any number of individuals living together as a single housekeeping unit and preparing their food as one unit.

Federal Communications Commission.

A construction or assembly of materials, including, but not limited to, wood, vinyl, masonry, stone, wire, metal, etc., intended to be used as a boundary, enclosure, means of protection, confinement, privacy, screening, or to restrict access.

Fencing installed to restrict the public's access to construction and/or development sites.

A fence, including any gates in such fence, enclosing a fruit or vegetable garden or active orchard for the intended purpose of restricting access to such garden or active orchard by deer.

A slatted fence placed across the path of prevailing winds to protect an area from drifting snow and designed to deposit the snow on the leeward side of the fence.

A fence erected for a defined and limited period of time.

The depositing of natural or artificial material that raises the existing grade of land or modifies the surface of water bodies. In no event shall "filling" be construed to mean, be, include, or authorize within the Town a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.

A contained area where vegetables and fruits are grown for consumption.

A building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only and where there is no auto repair service.

A system that harnesses the relatively constant temperature of the earth or a body of water to provide space heating and/or cooling. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system.

A system that circulates a heat transfer fluid, typically food-grade antifreeze, through a closed system of pipes or coils buried beneath the land surface or anchored to the bottom of a body of water.

A system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land or directly into a water body or into an injection well.

Nontoxic, food-grade or United States Pharmacopeia (USP)-grade fluids of potable water or aqueous solution of propylene glycol not to exceed 25% by weight.

Any privately, semi-privately or publicly owned course consisting of at least nine golf holes of conventional design and distance.

The average finished ground level around the perimeter of a building measured at all building corners.

An area of grass, trees and/or other vegetation.

The acreage computed within the perimeter of all legally recognized property lines of any given parcel of land.

A hospital, clinic or other facility as defined in Article 28 of the Public Health Law, provided that the facility possesses a valid operating permit from the State Commissioner of Health.

The vertical distance measured from grade level to the highest point on the roof.

The vertical distance measured from the adjoining grade to the top of the fence, excluding posts, caps or similar structural or ornamental vertical projections, provided such projections do not extend more than six inches above the top of the fence.

The vertical distance measured from grade level to the highest point of the wind energy system, including the blade or hub height, whichever is greater.

A legal use that consists of the assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing of products, parts or goods for commercial gain.

A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension of the hole, through which fluids (which may or may not include semi-solids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.

A son, daughter, brother, sister, brother-in-law, sister-in-law, mother, father, mother-in-law, father-in-law, grandfather, grandmother, grandchild, aunt, uncle, niece, nephew, cousin or step relatives of the foregoing degrees.

A separate living space consisting of an area that is subordinate and incidental to the primary dwelling unit within a single-family dwelling unit which may consist of separate sleeping, cooking, living, dining and bathroom facilities and which is intended to be occupied by an in-law or in-laws of a member or members of the family unit occupying the main part of the dwelling

Notwithstanding any provision hereof to the contrary, a letter of credit in form and content (including without limitation the conditions to draw), and from an issuer, acceptable to the Attorney for the Town of Penfield in his/her reasonable discretion.

Any manufactured good, appliance, fixture, furniture, machinery, motor vehicle, recreational vehicle, trailer or similar object which is abandoned, demolished, discarded, dismantled or so worn, deteriorated or in such a condition as to be generally unusable in its existing state. This definition shall include but shall not be limited to scrap metal, scrap material, waste bottles, cans, paper, rubble, boxes, crates, rags, used construction materials, used motor vehicle parts and used tires.

A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, or where automobile wrecking takes place. In no event shall "junkyard" be construed to mean, be, include, or authorize within the Town a land application facility, a natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, a natural gas and/or petroleum extraction, exploration or production wastes dump, or any other explicitly prohibited use.

A place for the keeping of more than three (of any type) animals that are more than six months old for commercial purposes and not related to agriculture.

A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.

Land used for agricultural production as defined in all parts of Subdivision 4 of § 301 of the NYS Agriculture and Markets Law, as amended or changed.

The site on which a Penfield landmark is situated. The extent of the landmark site shall be prescribed by the Historic Preservation Board when the landmark is designated. The site need not include the whole property on which the Penfield landmark is situated, but in no event shall it be smaller than the lot size prescribed by the ordinance for the zoning district in which said site is located.

The line, whether actually marked or unmarked, establishing the leased area or boundaries of a mobile/manufactured home lot.

A contiguous parcel of land in identical ownership throughout, bounded by other parcels or rights-of-way.

The total percentage of impervious surfaces on a lot that can contribute to storm runoff, including, but not limited to, driveways, walkways, and structures.

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear.

The boundary line(s) between a lot and the adjacent public or private road, street, right-of-way, or highway boundary. On corner lots, through lots, and irregularly shaped lots, the front lot line shall be determined by the Code Enforcement Official.

The boundary line parallel to the front lot line on lots with four boundary lines. On corner lots, through lots, and irregularly shaped lots, the rear lot line, if any, shall be determined by the Code Enforcement Official.

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

The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building line.

A lot at the junction of and fronting on two or more intersecting streets.

A lot that has a pair of opposite lot lines along two substantially parallel streets and is not a corner lot.

A tower affixed with meteorological equipment that is used to verify the wind characteristics at a potential site for a wind energy system.

A band of frequencies or a range of radiowaves.

Notwithstanding any provision hereof to the contrary, for purposes of this chapter in no event shall the term "mine," "mining" or any variation thereof contained in this chapter be construed to mean, be, include, or authorize within the Town any natural gas and/or petroleum extraction activities, or any other explicitly prohibited use.

A mix of residential and nonresidential uses adjacent to each other within the same building or in separate buildings located on the same lot, connected by pedestrian connections and shared parking areas.

A multistory building with nonresidential use on the ground floor and residential or office use(s) on upper floor(s).

A building containing residential and nonresidential uses located within the same building.

A transportable structure not drawn by its own power, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length, or, when erected on site, is 320 square feet or more, 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.

A parcel of land for the placement of a single mobile/manufactured home, its accessory building or structures, and accessory equipment for the exclusive use of the occupants of said mobile/manufactured home.

Any premises on which are parked two or more occupied mobile/manufactured homes. This definition shall exclude sales lots on which automobiles or unoccupied mobile homes, whether new or used, are parked for purposes of inspection or sale.

The person or persons responsible for on-site management and operation of a mobile home park.

A drawing submitted to the authorized official as part of an application for a permit for a mobile home park, containing all the information required by the ordinance in sufficient detail to enable the required review.

The addition, removal or change of any physical and visually discernible components or aspects of wireless communications facilities, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless communications facility is a "modification." A "modification" shall not include the replacement of any components of wireless communications facilities where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of said wireless communications facility without adding, removing or changing any equipment.

A vehicular structure built on a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreational, camping or travel use.

Any building, or portion thereof, containing three or more dwelling units, excluding rowhouses, in which primary access to the dwelling units is made from the building's exterior walls.

Any building, or portion thereof, containing three or more dwelling units, excluding rowhouses, in which primary access to the dwelling units is made from an interior hallway or other shared space of the building.

Physical design of transportation systems and elements that promotes the safe and accessible use by pedestrians, bicyclists, motorists and public transit users.

Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.

Any of the following:

Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.

A facility constructed or operated to compress natural gas that originates from a gas well or collection of such wells, operating as a midstream facility for delivery of gas from a gas field for entry into the transmission pipeline system; the term shall not include the transmission pipeline itself; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.

Those facilities that separate and recover natural gas liquids (NGLs) and/or other non-methane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO₂ separated from natural gas streams.

Notwithstanding any provision hereof to the contrary, in no event shall the term "naturally occurring material" or any variation thereof be construed to mean, be or to include natural gas, or to authorize within the Town any explicitly prohibited use.

Structures for which the start of construction commenced on or after the effective date of this chapter.

Any use of land or structure, which use was lawful at the time of the effective date of this chapter subject to the requirements of § 250-7.13.

Any building occupancy (or portion thereof) that does not include a residential dwelling.

A wireless facility collocated on an existing structure, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to accommodate the proposed WCF.

Any noisome substance which, by reason of its nature, will produce an olfactory response in a human being.

All facilities as defined in Article 28 of the Public Health Law, provided that the facility possesses a valid operating permit from the State Commissioner of Health.

The area unoccupied by any building, structure or parking area, whether paved or unpaved.

Private and semiprivate outdoor spaces, including decks, patios, and front and rear yards, that are not intended for the enjoyment or use of the public.

Outdoor green space, landscaping and hardscaped areas, including trails but excluding sidewalks, tree lawns, and other green space located in a right-of-way.

Any improvement or area which has architectural or historical significance and is designated thus by the Historic Preservation Board in accordance with the requirements of this chapter.

That use of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which land is located.

Any individual, public or private corporation, for profit or not for profit, association, partnership, limited-liability company, limited-liability partnership, firm, trust, or estate, and any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

An accessory structure used as a changing area and/or the storage of pool supplies and equipment in connection with a swimming pool.

A lot, together with all the buildings and structures thereon.

A district comprising two or more properties and adjacent public areas, which includes structures and/or improvements of architectural or historical significance and is designated as such by the Town Board in accordance with the requirements of this chapter.

The site on which a preservation structure is situated.

Any structure or improvement situated in a preservation district other than those designated as Penfield landmarks. A preservation structure may or may not have architectural or historical significance.

The building(s) in which a legally permitted principal use(s) is housed or conducted.

A use permitted in a specified zoning district by right, by conditional use permit, special permit, or special use permit. Principal uses are subject to the requirements of the regulations and standards of applicable zoning district(s).

A renewable energy system that is permitted for both on and off-site use and exceeds 125% of monthly, on-site consumption within the limits set forth in the NYS Uniform Code.

An office used solely by a professional person(s) when part of the personal residence, which does not change the essential character of the residence.

An entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility or utility facility, structure, or use is a facility, structure, or use which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewerage directly to the general public. In no event shall "public utility," "public utility building," "public utility facility," or "utility" be construed to mean, be, include, or authorize within the Town a natural gas compression facility, natural gas processing facility, or any other explicitly prohibited use.

Personal wireless facility.

The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.

Material in any form that emits radiation. This definition specifically includes NORM (naturally occurring radioactive material), but only if such naturally occurring material has been moved from its naturally occurring location through a mechanical or other man-made process. All such material is "radioactive material" for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, Environmental Protection Agency, Department of Energy, Department of Transportation, or any other regulatory agency.

Any freestanding roof or shade structure installed or erected above a mobile/manufactured home or any portion thereof.

Any structure or improvement which is used for the purpose of riding or propelling wheeled vehicles, including, but not limited to, skateboards, bicycles, motorcycles, motorized bicycles, roller skates, in-line skates, roller blades or such other similar vehicles or devices.

All components related to the production, use, storage, conversion, and/or delivery of alternative energy sources that may reduce the reliance on fossil fuels.

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

Any structure, or portion thereof, containing residential dwelling unit(s) as defined in the NYS Uniform Code, as amended or changed.

A permanent building used for the serving of meals where customers are seated principally at a table and are waited on when seated, where a full line of meals is offered, where the main portions of the meals are not precooked, prepackaged or prepared in any manner such as this, in anticipation of customers, and further where, under proper authority, alcoholic beverages may be served and where the meal is not customarily or occasionally eaten in vehicles.

The line separating the boundary of public streets or highways from adjacent lots.

A horizontal or inclined structural element of a building, which serves as the top closure.

An imaginary line running in a horizontal direction around a building; said line is created at the vertical break of a wall and roof.

Any building including three or more attached side-by-side dwelling units in which the dwelling unit shares a roofline and has open space on at least two sides, with each unit having a separate means of egress.

The minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way or property line, to the nearest above-grade foundation, edge of walking surface, floor, vertical wall, or other structural or nonstructural vertical elements of a building or accessory structure, exclusive of roof overhangs or other incidental horizontal projections, as defined herein.

A group of at least three or more nonresidential establishments managed as a unit and where there are usually common walls between the various uses, with off-street parking provided on the center's site.

Any advertising medium, structure, or device which advertises, directs, or calls attention to any business, article, substance, or service. A sign may be painted, printed, pasted, posted or affixed to any building, billboard, wall, fence, railing, vehicle, natural object or structure of any kind on real property or upon the ground itself. This definition encompasses flags, banners, neon tubes, fluorescent tubes, or other artificial lights or strings of lights outlining or hung on any part of a structure, building or lot for the purposes mentioned heretofore, but does not include the flag or insignia of any governmental, civic, professional, religious or similar organization.

Any sign supported by a pylon, pole, upright, or brace placed in the ground and which stands free of a building and/or other structure.

A temporary sign expressing the opinion of the owner or occupant of the appurtenant property regarding political, governmental, charitable, religious, social or economic topics of public interest.

A portable sign which in its subject matter directs attention to a use, facility, service, product or event at a location other than on the premises or site on which the sign is located, with the consent of the property owner on which such sign is located.

A sign relating in its subject matter to the premises on which it is located.

A temporary sign announcing or supporting political candidates, announced or supported by the owner or occupant of the appurtenant property.

A sign not exceeding six square feet in area per face or four feet in height, located on private property, a minimum distance of 10 feet from any side or rear property line and designed or intended to be easily moved by a single person of average physical strength without the need of additional equipment and that is not permanent embedded in the ground or affixed to any building or other structure and that is intended or designed to be displayed for a limited time period.

Any sign which is attached to a building or other structure and extends beyond the line of said building or structure, or beyond the surface of that portion of the building or structure to which the sign is attached, and not parallel to the face of the building.

Any building that contains one dwelling unit, as defined by NYS Uniform Code, that is occupied for living purposes.

A parcel of land, a lot or group of contiguous lots under single ownership that is in the process of being developed or proposed for development.

A drawing prepared to specifications and containing necessary elements, as set forth in submission requirements of the department facilitating review, which shows the arrangement, layout and design of the proposed use of a single parcel, or parcels as the case may be, of land as shown on said plan. Site plan approval is subject to the requirements identified within Article XII.

A sketch of a proposed subdivision showing the information specified in Article XV, Miscellaneous Provisions, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board or Town Board, as the case may be, as to the form of the layout and objectives of these regulations.

A wireless communications facility that meets the following criteria:

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the conversion of solar energy into consumable electric energy.

The components and subsystems required to convert solar energy into consumable electric energy. The term includes but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment.

Roof-mounted solar energy systems and/or building-integrated solar energy systems with a nameplate capacity of up to 25 kW DC and generate no more than 125% of the electricity consumed on the site over the previous 12 months.

Ground-mounted solar energy systems with a nameplate capacity of up to 25 kW DC, a total surface area of all solar panels on the lot up to 4,000 square feet, and generate no more than 125% of the electricity consumed on the site over the previous 12 months.

Any solar energy systems that exceed the parameters of Tier 1 and Tier 2 solar energy systems.

A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions of such use, subject to the approval of the Town Board, Planning Board, or Zoning Board, as the case may be, and complying with the requirements of Town Law § 274-b.

The limiting steepness beyond which soils will slip downhill or become unstable.

A grouping of three or more trees of six inches or more in diameter at any point 4.5 feet above existing ground level.

The State of New York.

Camouflaging methods applied to wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, alternative mounting structures, such as architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, and light poles to the extent feasible.

All areas in the Town of Penfield within 50 feet of the top or toe of a fifteen-percent slope or greater, as identified on the Steep Slope EPOD Map and as further defined in § 250-6.1G.

The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six feet or more above the finished grade.

In addition to its other ordinary applications, any alteration whereby a building or other structure is adapted to another or a different use, and to any alteration or repair.

An assembly of materials forming a construction made of component structural parts for occupancy or use, excluding fences, retaining walls, or decorative gardening materials.

The division of one parcel into two or more parcels. The term "subdivision" may include any alteration of lot lines or dimensions of any lots shown on a plat previously approved and filed in the office of the County Clerk which is also referred to as "resubdivision." Subdivisions are subject to the requirements identified within Article XI.

A drawing, in final form, showing a proposed subdivision and containing all information or detail required by law and by this chapter to be presented to the Planning Board or Town Board, as the case may be, for approval, and which, if approved, shall be duly filed and recorded by the applicant in the office of the County Clerk.

A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria: 1) for tower-based WCFs or base stations outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for small wireless communications facilities in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater; 2) for tower-based WCFs or base stations outside the public rights-of-way, it protrudes from the edge of the tower-based WCF or base station by more than 20 feet, or more than the width of the tower structures are the level of the appurtenance, whichever is greater; for those small wireless facilities in the public rights-of-way, it protrudes from the edge of the structure by more than six feet; 3) it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; 4) it entails any excavation of deployment outside the current site of the small wireless facility, tower-based WCF or base station; or 5) it does not comply with conditions associated with prior approval of construction or modification of the small wireless facility, tower-based WCF or base station unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

Below the surface of the earth, or of a body of water, as the context may require.

The transmission and reception of audio, video, data and other information by wire, radio, light, and other electronic or electromagnetic systems.

A structure on which one or more transmitting and/or receiving antennas are located.

A permit granted by the authorized official and issued by the Town Clerk for commercial properties to allow the storage and display of merchandise to be sold by the business. The business is permitted a maximum of four permits per year of a duration of one week or less. The applicant shall be required to pay any and all fees established for this permit.

A permit granted by the authorized official and issued by the Town Clerk for recreational activities of a duration of one week or less. Examples of temporary recreational uses shall include, but are not limited to, carnivals, concerts, promotional baseball events, and athletic tournaments.[2]

Any structure other than a building that is constructed for the primary purpose of supporting one or more wireless communications facilities, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. The term excludes small wireless communications facilities.

Three or more single-family dwelling units constructed in a group of attached units in which each unit extends from the foundation to the roof, has open space on at least two sides, and has a separate means of egress. Each unit is located on a separate parcel.

All areas in the Town of Penfield of less than five acres with stands of trees measuring six inches or more in diameter at any point 4.5 feet above existing ground level.

A portable structure designed to be loaded onto, or affixed to the bed or chassis of, a truck and constructed to provide temporary living quarters for recreation, camping or travel use.

Any building that contains two dwelling unit, as defined by NYS Uniform Code, that is occupied for living purposes.

Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes by or into an injection well.

Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location, whether for the purpose of load balancing the production of natural gas or for any other reason, including without limitation short-term, long-term, or intermittent storage for product quality, processing, or transportation purposes, or because of market conditions. Without limitation, this term includes compression and dehydration facilities.

A lot on which the construction of any structure has not occurred.

Farms, farm markets, orchards or similar agricultural operations where the customers of such operation harvest the fruits or products directly from the plants themselves in exchange for compensation to the owner or operator of such operation.

A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations using typical residential antennas or by way of cable television.

The explicitly prohibited uses defined and described in Article IV of this chapter.

See "nonconforming use."

See "permitted structure or use."

See "principal structure or use."

A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including Town-owned poles. Such term shall not include structures supporting only wireless communications facilities.

An area variance or a use variance as the context may require.

Any identifiable natural or man-made channel which has measurable detectable flow on a continual basis throughout most of the year and as further defined in § 250-6.1J.

The components and subsystems required to convert wind energy into consumable electric energy. The term includes but is not limited to, wind turbines and wind energy equipment.

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or is to be used for the provision of wireless service (whether on its own or comingled with other types of services).

All areas in the Town of Penfield of five or more contiguous acres of woods and unique or sensitive areas of less than five acres, as identified on the woodland EPOD Map and further defined in § 250-6.1H. Areas of active orchards are not included.

The land area extending between the lot line and the front wall of the principal structure for the full width of the lot. On corner lots, irregularly shaped lots, or in the case of an irregularly placed principal structure on a lot, the Code Enforcement Official shall utilize the location of adjacent streets and rights-of-way and/or the location of the front wall of the principal structure to determine the front yard location.

The land area extending between the rear wall of the principal structure and the rear lot line for the full width of the lot. On corner lots, irregularly shaped lots, or in the case of an irregularly placed principal structure on a lot, the Code Enforcement Official shall determine the location of the rear yard based on the location of the rear wall of the principal structure.

Any yard that is not the front or rear yard. On corner lots, irregularly shaped lots or in the case of an irregularly placed principal structure on a lot, the side yard shall be based on the Code Enforcement Official's determination of front yard.