The place, means, or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property, structure, or use.

A building or structure incidental, related, appropriate and clearly subordinate to and located on the same lot occupied by the main building or structure.

A use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which does not alter the principal use of the subject lot or affect other properties in the district.

The Americans with Disabilities Act.[1]

Adapting an existing building or structure for a new purpose or use.

As defined by the New York State Uniform Fire Prevention and Building Code, currently, and as same may be hereafter amended.

A state-required form identifying farm operations within a certified agricultural district located within 500 feet of the boundary of property upon which an action requiring municipal review and approval by the Planning Board, Zoning Board of Appeals or Town Board pursuant to Article 16 of New York State Town Law takes place.

An official Agricultural District recognized by the County of Ulster and the New York State Department of Agriculture and Markets under Article 25-AA of the New York State Agriculture and Markets Law.

Structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm, and the farm worker is not a partner or owner of the farm operation.

A commercial facility where raw agricultural products are processed into food or other products for animal or human consumption, distribution or use in other processes, including but not limited to cheese making, feed production, winemaking and fruit storage.

A commercial agricultural sales operation conducted in the manner of:

A commercial attraction where visitors are entertained and educated regarding agricultural and farm activities, including petting zoos, pumpkin patches, corn mazes, farm museums and other activities revolving around a central farming theme, including ancillary activities and uses (e.g. bed-and-breakfast lodging or cafe) that supplement the agricultural elements of the enterprise but retain it as the primary theme.

A use involving the production, keeping, or maintenance for sale, lease or personal use of plants and animals useful to man, including but not limited to forages, grain and seed crops, dairy animals, poultry, beef, sheep, horses, pigs, bees, fur animals, trees, food of all kinds, vegetables, nurseries, and lands devoted to soil conservation or forestry management programs. See also "farm operation."

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

The keeping, grazing, feeding, and care of animals, excepting household pets, animals kept in conjunction with a farm operation, as defined herein, or animals kept in conjunction with a kennel or veterinary office.

A facility operated as a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned or displaced domestic, farm, or wild animals are provided care for their lifetime or rehabilitated and released back to their natural habitat, and which does not engage in animal breeding, animal research, or the commercial sale, trade or barter of the animal or animal's body parts, and which allows only supervised public access by means of a structured educational visitor program.

The owner, or authorized agent of the owner; including, but not limited to, any individual, partnership or corporation that undertakes any of the activities covered by this chapter.

A commercial establishment where property or items of merchandise are sold to the highest bidder.

A story in a building having a floor below the finished grade at any point on the periphery of the building and having a structural ceiling at least four feet above the average finished grade along each side of the building facing the street.

An owner-occupied new or existing residence that is used, in the manner of a home occupation, to provide overnight lodging with breakfast as part of the consideration and involving shared bath and dining facilities, as defined by the New York State Uniform Fire Prevention and Building Code; also including youth hostels.

A part of a required setback area (yard) used to provide separation between incompatible uses to affect a visual barrier, block physical passage between uses or reduce noise, dust and litter. The separation may be effected by fencing, dense vegetative planting, and the provision of additional setback distances, earthen berms or a combination thereof.

See "structure."

The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

The person charged by the Town Board with responsibility for administration and enforcement of this chapter. Also known as Code Enforcement Officer or Building Department.

A permit issued by the Town of Rochester to permit the construction, expansion, removal, repair or replacement of any structure.

Any facility where fuel, including but not limited to kerosene, home heating oil, gasoline, and propane, is stored in tanks for distribution to wholesale establishments or individual users.

A lot or space within a campground or RV park used for tent camping or as a site for recreational vehicles; or an area of land otherwise offered by the developer or operator through sale, lease, rent, membership or any other means for camping purposes regardless whether or not done for pecuniary gain.

The development or use of a lot, tract or parcel of land for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes, tents, park model recreational vehicles (as defined by the Recreational Vehicle Industry Association) or permanent cabins of less than 500 square feet footprint size that represent less than 20% of such accommodations as are offered, that is owned and managed as a resort for camping purposes. "Campsites," "campgrounds" or "recreational vehicle parks," tent camping facilities and other similar facilities, regardless whether rights to occupy a campground lot are conveyed by lease, rent, sale or any other means shall be included in this definition. Also, this definition shall include those situations where camping occurs with no specific rights of occupation offered but the use nonetheless permitted by the owner's direct or indirect action of lack thereof.

The use of a property as a site for sleeping outside; or the parking of travel trailers or similar equipment, the erection of tents or other shelters, to serve as temporary residences.

A place used for burials, whether in the ground or in mausoleums.

A sewage system or water supply system designed to serve more than one dwelling unit or building; not including the use of a single well or disposal system for two dwellings on the same parcel of land. See "on-site sewage or water supply" for further information.

A document that is issued by a municipal government upon completion of a building or structure or the determination that a use is ready for occupancy and in compliance with municipal building and zoning codes and approved site plans.

A conversion of the use of land from one category on the Schedule of District Regulations[2] to another (e.g., from an office to a restaurant).

The person charged by the Town Board with responsibility for administration and enforcement of this chapter. Also known as Building Inspector.

The business use of a parcel for conferences, banquets, festivals, weddings, or other similar celebratory or educational activities conducted ancillary to another approved or allowed use, subject to the standards of § 140-35.

Any and all amusement and recreation uses and associated facilities and structures used for sports and leisure activities on a fee basis, excluding uses which are defined elsewhere in this chapter.

A stationary manufacturing facility in which logs are converted to lumber products and byproducts by running them through a series of saws or other equipment including but not limited to kilns and chippers.

Any wholesale, retail or service business activity established to carry on trade for profit, which activity is specifically listed as a separate and distinct nonresidential use on the Schedule of District Regulations.[3]

Any motor vehicle that requires a commercial driver's license (CDL) to operate.

Wastewater facilities as regulated by the New York State Department of Environmental Conservation (NYSDEC). Any such facilities are to be constructed and approved by NYSDEC in accordance with NYSDEC regulations and guidelines.

A public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.

An application for a permit that is in an approved form and is determined by the Town agency with approval authority to be complete for the purpose of commencing review of the application, but that may need to be supplemented during the course of review to enable the Town to make the findings and determinations required by law.

Approval by the Planning Board of a final plat site plan or subdivision subject to the completion of specific criteria as set forth in a resolution conditionally approving the final plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and, in the case of subdivision, recording of the plat in the office of the County Clerk or register as herein provided.

A legally binding and recorded negative covenant or restriction that is deeded to a qualified third party to permanently limit certain development activities on real property, so as to protect conservation assets such as open space, water quality or wildlife habitat. The restriction stays with the property through successive owners.

A form of development for residential subdivisions that permits a reduction in lot area and other development standards to increase permanent open space.

A one-story, retail store containing less than 5,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It may also include the sale of gasoline and/or a car wash but shall not include the repair or service of vehicles.

The County of Ulster, State of New York, and its planning agency.

Any establishment enrolling four or more children or adults in a supervised day-use program where tuition, fees, or other forms of compensation for the care of these individuals is charged.

The New York State Department of Environmental Conservation.

The number of families, individual dwelling units or principal structures per unit of land.

A facility where equipment, vehicles and other assembled materials are taken apart for purposes of recovery of valuables or disposal of wastes.

A warehouse or other specialized building, often with refrigeration or air conditioning, which is stocked with products (goods) to be redistributed to retailers, wholesalers or directly to consumers.

A private vehicular access from a public or private road to a single lot.

A private vehicular access from a public or private road which serves a maximum of two lots (three including the lot it has access over) and is granted by right-of-way.

A golf practice facility consisting of a large, open field with teeing ground at one end, practice putting greens and/or areas for chipping, pitching and bunker practice plus ancillary services.

A building arranged, intended, designed, or used as the living quarters, including kitchen facilities, for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include a hotel, motel, bungalow, rooming house or tourist home, but shall include bed-and-breakfasts.

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.

The Environmental Assessment Form required pursuant to SEQRA.

A right-of-way granted, but not dedicated, for limited use of private land for a public or quasipublic or private purpose, and within which the lessee or owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

A specialized facility with or without lodging accommodations designed and built almost exclusively to host educational conferences, exhibitions, large meetings, seminars or training sessions, including complementary office and leisure facilities for use of participants, not including camps.

An organization that responds to and deals with immediate public health and safety needs; especially ambulance, emergency medical technicians, firefighters, and police officers.

Construction designs intended for the purposes of increasing the efficiency with which buildings and their sites use and harvest energy, water, and materials; and reducing building impacts on human health and the environment, through better siting, design, construction, operation, maintenance and removal during the complete building life cycle.

A written draft or final document prepared in accordance with § 617.9 and § 617.10 of SEQRA. An EIS provides a means for agencies, project sponsors and the public to systematically consider significant adverse environmental impacts, alternatives and mitigation. A draft EIS is the initial statement prepared by either the project sponsor or the lead agency and circulated for review and comment. An EIS may also be a "generic" in nature to accommodate an anticipated range of future activities.

That amount of wastewater that is generated by a single-family residence, using New York State Department of Environmental Conservation guidelines or, if not addressed by the state, another comparable authority.

The construction and maintenance of underground, surface or overhead electrical, gas, telephone, water and sewage collection systems along with normal accessory activities.

A land use already legally established at the time of this chapter's enactment.

Persons living together as a single, permanent and stable nonprofit housekeeping unit, using all rooms in the dwelling and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together with sharing of food, rent, utilities or other household expenses. Households of related individuals shall be presumed to be a family. Persons living together who are determined not to be families may present affirmative evidence to the Building Inspector the household or group meets the other criteria contained herein.

As pertains to agricultural use within a certified county agricultural district as defined under Article 25-AA of the New York State Agriculture and Markets law. The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse boarding operation, a timber operation, compost, mulch or other biomass crops, and commercial equine operation. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

A building or structure for an agricultural producer to sell products directly to customers that is intended for the display and sale of primarily locally raised agricultural produce and products, and provided that such structure is for the benefit of an accessory use.

An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises and which may include facilities that enable customers to obtain food while remaining in their vehicles.

The Federal Emergency Management Agency; the federal agency which administers the National Flood Insurance Program.

An accessory structure enclosure composed of any substance that will present an adequate blockade around a field, yard, or other such expanse of land.

An accessory structure enclosure that has the ability to allow visibility through the enclosure to the opposite side and is constructed for the specific intention of keeping farm animals within or wildlife out of a field, yard or other such expanse of land. This shall not include chain-link fences.

The approval of a site plan or subdivision plan in a form that reflects the as-built or financially guaranteed ready-to-build condition of the improvements. The approval qualifies the plan to be signed by a duly authorized officer of the Planning Board and recorded and qualifies the applicant to proceed with sales.

A parcel of land shaped like a flag; a narrow strip of land providing vehicular and pedestrian access to a street, with the bulk of the property lying to the rear of another lot and the access serving both lots.

A commercial enterprise in a building or open area in which stalls or sale areas are set aside, rented, or otherwise provided, and intended for use by various unrelated individuals to sell articles that are either new, old, homemade, homegrown, handcrafted, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. This definition does not include informal or private garage or yard sales.

Any area designated by the Federal Emergency Management Agency (FEMA) in its FEMA mapping.

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.

A measurement of the amount of light falling upon an object at any given moment (illumination), called such as it refers to the amount of light falling on a square foot area located one foot away from a candle.

See "yard, front."

The portion of a lot abutting on a street ordinarily regarded as the front yard, but it shall not be considered as the ordinary side yard of a corner lot.

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

An area of land, including structures thereon or any building or part thereof, that is used primarily for the sale and direct delivery to the motor vehicles of gasoline or any other motor vehicle fuel or oil and other lubricating substances, including any sale of motor vehicle accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including auto bodywork, welding or painting.

A relatively small retail store, typically less than 5,000 square feet of floor area, that sells miscellaneous articles appropriate as gifts including antiques, collectibles, crafts, novelties and souvenirs, but not including adult stores.

A large landscaped area for playing the sport of golf, including associated facilities such as a clubhouse or restaurant.

An enclosed structure of a permanent or temporary nature within which is conducted a commercial agricultural operation, generally the propagation of one or more horticultural species from seeds or cuttings to a stage fit for transplanting elsewhere or sale, including retail as well as wholesale operations.

Dwelling intended for occupation by residents participating in a particular social program.

Establishments primarily engaged in providing services for human health maintenance including hospital facilities, nursing and adult homes, personal care facilities and medical and dental clinics and offices whether publicly or privately operated. See also "low-impact health care practice."

A landing area for helicopters.

Any use customarily conducted entirely within a principal structure and/or other structure accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the principal use and does not change the character thereof. See § 140-19 for further descriptions of home occupations by class.

A legally established community association or trust organized in a development in which individual owners share common interests in open space or facilities.

A building or group of buildings containing rooms used primarily for overnight accommodations of those in transit, or for a short-term business or personal stay and where meals and other services, including recreation facilities, are provided or offered for sale within the building or in an accessory building. Single-room occupancy residential projects shall be considered multifamily dwellings.

Meeting and noncommercial overnight lodging facilities associated with hunting and fishing recreational activities.

A manufacturing or wholesale distribution activity, including associated research, development and office functions.

Facilities that are necessary to support development within a community, including water and sewer, transportation, communications and power facilities.

A commercial building, similar in size to a residential dwelling, operating as a small hotel that provides lodging to travelers and may provide food and drink to registered guests.

A complex of structures and uses providing a combination of educational, residential and social service support activities for designated groups of individuals with special needs, including rehabilitation centers and special schools.

A nonnative species whose introduction does or is likely to cause economic or environmental harm or harm to human health as defined in Federal Executive Order 13112 signed in 1999, as amended or superseded by Federal Executive Order or by designation of the Town Board.

A commercial or nonprofit establishment in which dogs or similar domesticated animals are housed on a temporary or permanent basis.

A building in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets, prints, records, tapes, and other electronic media, are kept for reading, reference, and lending.

A tract or parcel of land held in single or joint ownership, not necessarily shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed, or required. The term "lot" shall also mean parcel, plot, site, or any similar term.

The area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

That portion of a lot covered by roads, walkways, pavement, structures or other improved surfaces that are generally impervious in nature.

The average distance from the street line of a lot to the rear lot line of such lot, not to include the street or road right-of-way.

The width of a lot at the edge of the street right-of-way.

The edge of the street right-of-way in the case of the front of any lot; the property boundary generally opposite the street on which a parcel fronts in the case of the rear of any lot; and the property boundaries in the case of the sides of any lots.

The average of the distance between side lot lines as measured at the street right-of-way line and the rear lot line.

An establishment of less than 2,500 square feet floor area and containing four or fewer patient examination or treatment rooms which is primarily engaged in providing licensed diagnosis and treatment services for human health and which may also incidentally offer for sale products associated with such diagnosis and treatment. This shall include doctor, dentist, optometrist, chiropractor, physical therapy, acupuncture, massage therapy, psychiatrist, psychologist, and other similar health care practices. This shall not include health care facilities where the use is primarily retail sales, such as an eye care center or pharmacy.

A retail or service enterprise of less than 2,500 square feet floor area that involves no outside storage of materials or supplies except for minor incidentals, employs a maximum of three vehicles used in everyday service on behalf of the business and generates no more than 50 vehicle trip ends per day, based on estimates provided by the Institute of Transportation Engineers.

The unit of measure for the light energy which flows in air. The total light output from electric sources is expressed in lumens. A uniform source of one footcandle of lighting power placed in a sphere emits 12.57 lumens.

A factory-manufactured structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. "Manufactured home" does not include a modular home or self-propelled recreational vehicle.

A parcel of land under single ownership which has been planned and approved for the commercial renting of two or more manufactured home sites.

Industrial processes where products are created from raw materials or where several different products are combined to create large equipment, modular housing and similar items.

An industrial use where all processing, fabricating, assembly, or disassembly of items takes places wholly within an enclosed building. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices. Excluded are processes where raw natural materials such as stone are converted into finished products, except for small crafts such as jewelry.

The largest number of dwelling units, or the equivalent in the case of nonresidential uses, legally permitted on an adjusted tract area of land.

The excavation of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. Mining shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

Any combination of residential dwellings and permitted nonresidential uses, typically residential and commercial/office, on the same lot or in the same building for use of owners, caretakers, security personnel or rented as apartments.

Factory-manufactured housing, subject to the requirements and regulations of the New York State Uniform Fire Prevention and Building Code, in which prefabricated components assembled at the plant are sent to a housing site in two or more pieces, depending on the size and style of said housing, to be joined together to form a complete house on a permanent foundation.

Any ground, area or track upon which races, contests, or demonstrations of skill or stunts involving motor vehicles are conducted, except for one-day tractor and truck pulls.

Two or more permitted land uses, exclusive of accessory uses, legally allowed within a given zoning district under this chapter, including principal permitted uses and special uses.

A place for display and exhibition of cultural items and the performance of cultural activities.

Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified 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, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

Any solid, semisolid, liquid, semiliquid or gaseous material used in the exploration or extraction of natural gas.

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas petroleum or other subsurface hydrocarbons.

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

Any garbage, refuse, cutting, sludge, flow-back fluids, produced waters or other discarded materials, including solid, liquid, semi-solid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas and/or petroleum.

A building that was constructed prior to the adoption of the zoning law or zoning amendment that is not in accordance with the dimensional provisions, such as building height or setback requirements, of that law or amendment.

A use that was legal at the time it was created, but which has since become impermissible because of a subsequent modification or adoption of a zoning law. This is sometimes referred to as a "grandfathered" use, meaning that it was a use which was allowed before the law changed to prohibit it.

A meeting place and recreation center for a fraternal organization, which may include lodging and dining facilities, excluding adult uses and commercial restaurants and taverns.

A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting.

The purpose for which a building, or portion thereof, is utilized.

Buildings used primarily for conducting the administrative or professional functions of a business, profession, service, industry or government, or like activity, including law offices, insurance services, real estate offices, financial institutions, corporate offices and similar enterprises, excluding uses which are defined elsewhere in this chapter.

Any sewage system designed to (1) treat sewage by subsurface means or (2) provide water from a drilled well or spring within the boundaries of an individual lot. See "central sewage or water supply" for further information.

A portion of a lot, exclusive of required front and side yard areas, that is not covered by buildings, parking areas, streets or other nonrecreational improvements (except as may be permitted by this chapter).

A mapped zone that imposes a set of requirements in addition to those of the underlying zoning district in an area where an overlay zone is established, property is in two zones and the land may be developed only under the conditions and requirements of both zones.

An area of land resulting from the division of a tract of land for the purposes of transfer of ownership, use or improvement.

An open area or structure, other than a street or other public way, used for the parking of automobiles and similar vehicles made available for a fee.

An open area or structure, other than a street or other public way, used for the parking of automobiles and similar vehicles.

An open area or structure, other than a street or other public way, used for the parking of automobiles and similar vehicles on a lot in connection with a separate principal use to which the parking is accessory.

A surety bond, certified check or other security meeting the requirements of § 277 of the Town Law, and the terms of which are satisfactory to the Town Attorney, guaranteeing the developer will install all required or planned improvements.

A land use legally allowed within a given zoning district under this chapter, including a principal permitted use, special use or accessory use.

Any individual, firm, trust, partnership, public or private association or corporation, or other entity.

A building where persons congregate to pray and conduct religious services, including religious education facilities, offices and other accessory uses connected with such religious activities.

A drawing, map, chart, plan or plotting, sometimes also referred to as a plat, indicating the proposed development (including subdivision) of land, which in its various stages of preparation can include the following:

A comprehensive development plan for a large land area, where, to encourage innovation and the preservation of large blocks of usable open space, detailed development regulations are largely negotiated and on a project basis.

The Town of Rochester Planning Board.

A discussion at a public meeting which may be requested by an applicant between the applicant and the Planning Board or Zoning Board of Appeals prior to filing an official application with either Board to discuss a zoning permit referral from the Code Enforcement Officer.

The building where the primary activities associated with the approved major land use on a parcel is intended to take place.

The approved or otherwise legally established primary land use connected with a parcel.

A facility for the landing, takeoff, storage, fueling or repair of aircraft limited to personal, noncommercial use by the owner.

A school for children or adults where instruction is provided by certified teachers or other professionals on an ongoing basis, excepting camping or other facilities where the primary function is other than education.

A mapped street built to Town standards which provides access to more than two lots and is owned by an individual(s), association, or other private entity who share the use and maintain the road without help from a government agency.

A Town, county, state or school district-owned building or structure used for the conduct of the business of government, public education or emergency services such as fire houses or rescue squads.

A recreational facility managed by a government or nonprofit entity and open to the general public with no more than a nominal fee for services provided.

A community or noncommunity water system which provides piped water to the public for human consumption, if such system has at least five service connections or regularly serves an average of at least 25 individuals at least 60 days out of the year. Such term includes:

A lot(s) that is approved to permit a higher density than would otherwise be permitted as a condition of the restriction of development on the sending property through a conservation easement.

A facility for conducting sound, film, or video recordings, editing, or broadcasting such as a radio or television station studio, but excluding adult uses.

A vehicular unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home.

A land use, the primary purpose of which is to provide permanent dwellings for the use of individuals and households.

A parcel of land or commercial establishment providing lodging, recreation, meals, and entertainment primarily to vacationers but which may also offer the same services to nonregistered guests. A primary place of residence, medical or other rehabilitative facility or a single-room occupancy residential project shall not be considered a resort.

See § 140-33D.

A business enterprise engaged in preparing and serving food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises, with takeout food (if any) as an accessory use, but excluding fast food establishments.

Stores and shops where goods and services are sold primarily at retail. Such sales are primarily made directly to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware, paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; launderette/laundromat, and appliances; hair and nail salons, barber shops; but excluding any use specifically defined elsewhere in this chapter.

The use of any building, land area or other premises for the display or sale of new and used automobiles or similar motorized vehicle equipment of operable condition. This use may or may not also include a repair and service component.

Land reserved for use as a street, drainage facility, utility area or other public or community use or land reserved for the access to such use.

A legally recorded agreement, approved by the Town Board on recommendation by the attorney for the Town if needed, between all property owners that abut a private road or shared driveway to maintain road, drainage facility, or other lot improvements.

The right-of-way perimeter line or plan lines of any road or street which shall establish the starting measuring point of any yard setbacks of a lot. In the case such right-of-way line cannot be established, the assumed edge of the right-of-way shall be measured from the centerline of roadway and established at a distance of 25 feet from such centerline.

A temporary lumber sawing operation using portable sawmill equipment that is not permanently enclosed.

Lodging accommodations such as cabins offered for rent to the general public on a seasonal basis in connection with other recreation opportunities on large areas of open space, including hunting and fishing, boating and farm visits.

The clerk or secretary designated to accept applications, plans, fees and correspondence on behalf of the Town of Rochester Planning Board or Zoning Board of Appeals.

A building containing independent, fully enclosed bays that are leased to individuals exclusively for long-term storage of household goods or personal property.

A lot(s) or portion of a lot that is restricted by a conservation easement or farmland preservation easement as a condition of approval of a higher density on the receiving property than would otherwise be permitted.

The New York State Environmental Quality Review Act and its requirements.

A business, the primary activity of which is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, not including any adult use as defined herein.

The use of any building, land area or other premises for the painting, repair or service of new and used automobiles or similar motorized vehicle equipment of operable condition, including car washes and the like, but excluding junkyards and gasoline filling stations.

An open unoccupied space extending the full depth or width of a lot that may not be occupied except for specified accessory uses as provided hereunder. See "yard."

Any device, facade, fixture, material, placard or structure that uses any color, form, graphic, picture, illumination, symbol or writing to advertise, announce, declare or identify a purpose or entity or to communicate information of any kind to the public outside of a building, including neon or fluorescent painted building outlines and similar devices.

The height of any sign shall always refer to the height of the topmost portion of the sign from grade level, unless the foundation for such sign shall be positioned below the adjoining road grade, in which case the height shall be measured from the road grade.

The size of any sign, computed by multiplying its greatest length by its greatest height. Sign supports or foundations not bearing advertising material shall not be included. The surface area of signs with no definable edges (e.g., raised letters attached to a facade), shall be that area within the perimeter of a single line enclosing the advertising material. The reverse side of any sign may, however, be used without counting toward total sign area.

A detailed plan that depicts the location of improvements on a parcel of land and contains all the information required by this chapter (see § 140-45 hereof).

The process, established by § 274-a of the Town Law of the State of New York, for review of special uses, and other uses as may be designated by the Town Board, by the Planning Board.

A commercial establishment providing day-use facilities devoted especially to health, fitness, weight loss, beauty, and relaxation which may, as an accessory use, offer associated products and/or food and drink for retail sale.

A use which, because of its unique characteristics, requires individual consideration through a site plan review process by the Planning Board as established by §§ 274-a and 274-b of the Town Law of the State of New York. Such a use may require the meeting of certain conditions and safeguards before being permitted.

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

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

Improvements made to implement a SWPPP.

That portion of precipitation that runs off the property and does not soak into the ground.

A legally recorded document acting as a deed restriction which provides for the long-term maintenance of stormwater management practices through a preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances). This may or may not be a part of a SWPPP.

That portion of a building, excluding a basement or cellar not used as living area, between the floor surface and the ceiling above it, having a height of not less than seven feet. Any portion of a building having a height of less than seven feet at five feet off center shall be considered a half-story.

A mapped public highway or road intended primarily for the purposes of vehicular traffic, including the following:

Any combination of materials that is erected on the ground and permanently affixed thereto, and designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals, or property of any kind.

A small, single-level living quarters intended for use by an individual, designed around a relatively large single room incorporating the features of a living room, dining room, bedroom and kitchen.

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, excepting lot improvements and natural subdivisions as defined in § 125-18 of the Town Subdivision Law.

A stormwater pollution prevention plan as defined by the State of New York.

A commercial eating and drinking place with a license to dispense alcoholic beverages.

Transfer of density rights (also known as transfer of development rights) as provided by § 140-34 hereof.

A structure without any foundation or footings which is intended to be removed, when the designated time period, activity, or use for which the structure was erected has ceased.

A lot extending from one street to another.

An enclosure of less than 300 square feet in size used for the storage of home and garden tools and similar equipment.

The Town of Rochester, Ulster County, New York.

The elected governing body of the Town of Rochester.

The adopted Comprehensive Plan of the Town of Rochester.

The professionals employed by the Town of Rochester to provide engineering and planning services in connection with the review of applications and inspection of improvements, as the case may be.

The New York State Town Law that governs the operation of all towns within the state.

Standards adopted by the Town Board of the Town of Rochester regarding the construction and/or dedication of roads in the Town of Rochester.

A group of three or more attached single-family dwelling units in which each unit extends from foundation to roof and with open space on at least two sides.

The total of the trips entering and leaving a specific land use or site over a designated period of time.

Businesses primarily engaged in the hauling of goods, together with ancillary service, parking and repair facilities for trucks used in the hauling enterprise, excluding commercial truck stops.

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

Goods made from harvested crops that have been processed in order to increase their worth such as jelly made from berries or cheese made from milk.

The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

See "resource recovery, vehicle junkyard or wrecking facility."

The place of business of a veterinarian, including ancillary facilities for boarding of animals under care.

A facility used for the storage of goods and materials, excepting distribution and self-storage facilities as defined herein.

A discernible, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations including intermittent streams but excepting drainage ditches, swales or diversion terraces.

Swamps, marshes and hydric soil areas defined as wetlands by the New York State Department of Environmental Conservation, the Army Corps of Engineers or the U.S. Fish and Wildlife Service, not including any required buffers.

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

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended primarily to reduce consumption of utility power at that location.

See § 140-29 for definitions.

See "resource recovery, vehicle junkyard or wrecking facility."

A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitation and requirements limiting obstruction of visibility. Also known as the setback.

A yard extending between side lot lines across the front of a lot adjoining a street. Front yards shall be provided on all road frontages, except that one frontage on a corner lot may be designated as a side yard.

A yard extending across the rear of the lot, between inner side yard lines. In the case of through lots, there will be no rear yard, but only front and side yards.

A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of required front yards. In the case of corner lots, one of the yards remaining after the designation of front yards shall be considered the side yard, and the other the rear yard.

A relatively detailed sketch plan used to determine the number of lots or dwelling units that would be permitted on a parcel if developed as a conventional single-family dwelling subdivision.

The Town of Rochester appeals board for adjudication of zoning matters as provided by New York State Town Law. Also known as the ZBA.

A division of land within a community into zones or district that have specific land-use restrictions and controls regulating the existing and future development within those areas.

The required official determination by the Code Enforcement Officer as to how the laws of the Town of Rochester or New York State apply to a specific land activity, project, use, or structure application.