A subordinate structure or use customarily incidental to and located upon the same lot occupied by the main structure or use.

A structure, room or other enclosure consisting of walls or floor areas or a roof which is attached to an existing structure and which becomes an integral part of the existing structure.

A business, whether retail or wholesale, having more than 5% of its net floor space set aside for or more than 5% of the value of its stock in trade allocated to recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matters depicting, describing or related to sexual activities or specified anatomical areas.

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual activities or specified anatomical areas for observation by patrons.

Generally, any business, including but not limited to those specifically enumerated in this chapter, which has more than 5% of its net floor space set aside for or more than 5% of the volume of its stock in trade devoted to the display, viewing or dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or related to sexual activity or specified anatomical areas, including but not limited to any establishment that allows or promotes dancers, performers or employees, whether male or female, to display specified anatomical areas.

The process of cultivating crops and/or raising livestock by tillage of the soil or other agricultural, horticultural or dairying process.

Any change in the structural members of a building, such as walls, columns, beams or girders.

Human male or female genitals, human male or female breasts, pubic area of buttocks with less than a fully opaque covering.

A structure arranged or designed with a shared entry and intended to be occupied by three or more families living independently of each other.

All on-site operations located on properties with approved subdivision or site plans involved in the hauling, treatment, processing or further fabrication of soil, sand, gravel or natural deposits, including washing, sedimentation ponds, grading, sorting, grinding and crushing. Not included in this definition are activities governed by the Town of Victor Waste Management Facilities Law[1] or the Town of Victor Clearing, Grading and Filling Law[2] or permitted by the DEC.

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

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles in operable condition.

Movable or fixed ornamental roof-like structures extended from the face of a structure and constructed of durable materials, including fabrics, which may contain its own illumination and may display lettering or other business insignia.

A level which has more than 1/2 of its story height below the average finished grade of the ground.

A use incidental to and located within an owner-occupied residence that accommodates no more than four lodgers, with or without meals, for compensation.

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.

Any structure having a roof supported by columns or walls used for a shelter or enclosure.

An authorization issued by the Building Department to commence work on a structure in accordance with approved plats and specifications and in compliance with the New York State Uniform Fire Prevention and Building Code.

A building which contains the principal use of the building site on which it is situated.

The large-scale holding, enclosed or otherwise, of a transportable product for the exclusive purpose of distribution for future resale. This excludes storage silos used for on-site agricultural operations or commodity storage for on-site industrial processing.

Any person, firm, association, partnership, corporation or other entity for profit.

A retail facility that sells at retail any cannabis product authorized for sale under the New York State Marijuana Regulation and Taxation Act (hereinafter referred to in this chapter as the "Cannabis Law"), and the sale for which a license is required for an adult-use cannabis retail dispensary under the provisions of the Cannabis Law.

A document which certifies that the premises conforms to the requirements of the Town of Victor Code and the New York State Uniform Fire Prevention and Building Code or, in the alternative, are established nonconforming uses.

A document which certifies that a structure is habitable and constructed in conformance with the New York State Uniform Fire Prevention and Building Code, the Multiple Residency Law and other applicable codes.

The removal by any means, including grubbing, burning or stripping, of the vegetative cover of the ground or the topsoil, soil or earth, turf and other similar substances.

All on-site operations involving the clearing and/or redistribution of the vegetative cover, topsoil, soil or earth, turf and other similar substances from their natural location that are not conducted in accordance with an approved subdivision or site plan; not governed as an appurtenant activity by the Town of Victor Zoning Code and Subdivision Regulations; and not governed under Article 23 of the New York Environmental Conservation Law, including the New York State Mined Land Reclamation Law.[3] "Activities" within this definition include the use of fill or topsoil, whether originating on the premises or elsewhere, for the purpose of filling to establish grade and/or to improve the general site area.

A facility catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands or merchandising or commercial activities except as required generally for the membership and purposes of such club.

The individual designated by the Town Board of the Town of Victor to administer the provisions of this chapter.

A certificate of occupancy that has specific conditions attached that may have time frame restrictions and/or occupancy restrictions.

An environmental research and advisory board created by the Town Board pursuant to Article 12F of the General Municipal Law. The Board reviews and makes recommendations to the Planning Board on natural and physical environmental factors for projects under review by the Planning Board. It also makes recommendations of significance determination pursuant to the State Environmental Quality Review Act[4] and Part 617 of the New York Codes, Rules and Regulations.

Any establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state either for consumption within the restaurant building or for carryout with consumption off the premises and with said products served in edible containers or in paper, plastic or other disposable containers.

A lot or portion of a lot at the junction of and abutting on two intersecting streets.

A minor street with one end open for vehicular traffic and pedestrian access and the other end terminating in a vehicular turnaround.

A facility duly permitted by the New York State Department of Social Welfare for the care of seven or more children for less than 24 hours each day.

The number of living units permitted per acre of land.

The placement, distribution, removal, discharge, deposit, injection, spilling, dumping or leaking of a solid waste, or any constituent thereof, in, onto, in or under any land, surface water or groundwater; and the storage of solid waste on, onto, in or under any land, water or structure, except at the site of generation.

A solid waste management facility at which disposal occurs.

The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or specified anatomical areas.

The harboring of two or more dogs aged six months or older as a commercial enterprise.

Undedicated common and individual driveways are an access point used as ingress and egress for not more than three properties which are not fronting on a dedicated road or street or front on a dedicated road but have common or shared access in compliance with Chapter 56, Access Management. The creation of a common or shared driveway requires reciprocal easements and a common maintenance agreement.

Solid particles capable of being suspended in the air. "Dust" generally consists of larger particles than those that comprise smoke or mist.

A building or portion thereof designed or used as the living quarters for one or more families or for individuals. The term "dwelling" shall not be deemed to include a motel, hotel, boardinghouse or recreational vehicle.

A specified limited real property right over a specified portion of a piece of real property.

A secondary means of access to a parking lot.

A person licensed as an engineer by the State of New York.

Land or land features critical to the maintenance of ecosystems as defined by the Town of Victor. "Environmentally sensitive areas" include but are not limited to wetlands, floodplains, steep slopes, woodlands and watercourses.

See "State Environmental Quality Review (SEQR)."

The process of the removal or stockpiling of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.

A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation.

Any number of individuals living together as a single housekeeping unit occupying a single housekeeping unit.

A constructed barrier erected to enclose, screen, separate or decorate areas of land, including but not limited to pre-manufactured metal, vinyl, or wood fencing and hardscaped walls.

An approved lot having less lot frontage on the access road or private drive than otherwise normally required for the zoned district, but in no instances less than 20 feet in lot frontage, that provides access to the interior portion of the "flag lot" which contains the minimum lot area requirements for said district. The access portion of the flag lot shall not be considered buildable and may not be used in calculation of the minimum lot area requirements or in determining required setbacks for the zoned district.

The extent of a lot along a public street or highway measured along the joint boundary line between a lot and street or highway right-of-way.

The line of the lot closest to the street corresponding with or approximately parallel to the street providing access to the lot, according to the street address.

Any area of land, including any structure or structures thereon, that is or are used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles.

The average level above mean sea level, as defined by the United States Geological Survey or other datum as approved by the Town, of the finished surface of the ground adjacent to the exterior walls of the building.

A plan showing the location of areas to be graded, filled or cleared and which includes, at a minimum, the property lines of the area, existing structures and the final contours and drainage after grading, filling or clearing activities have been completed.

Retained mature vegetation as well as landscaped areas.

The total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines or upper floors, as expressed in square feet and measured from the center line of joint partition and outside wall faces.

The total area taken on a horizontal plane at the main grade level of the foundation wall and subsequent multiple levels above the foundation, exclusive of porches, steps, terraces and exterior fireplaces. This is the area of a building designed to be occupied by one or more persons for year-round living, sleeping, eating or cooking.

The vertical distance measured from grade level to the highest level of a flat roof or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads and mechanical penthouses, provided that they are less than 12 feet in height and do not occupy more than 10% of the area of the roof upon which they are located.

Any use customarily conducted entirely within a dwelling and/or an accessory structure, on the same lot as the primary residence, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for the dwelling purposes and does not change the character thereof. The conduct of the following shall not be deemed to be home occupations or professional offices:

A building designed for occupancy as a temporary residence of individuals who are lodged with or without meals. No cooking is provided in any individual rooms or suites, unless such hotel offers extended-stay service and is equipped with a sprinkler system that serves each individual room or suite.

A sign illuminated by a concealed light source and of a permitted size as per local code.

Any species of plant that thrives in areas beyond its natural range of dispersal. These plants are characteristically adaptable, aggressive, and have a high reproductive capacity. Their durability, along with their lack of natural predators, often leads to outbreak populations. Invasive plant species include, but are not limited to, those species set forth at Table 5 of the Native Plant Manual.

That area of a site plan not consisting of structures or pavement. "Landscaped area" shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative and landscaped cover, including ponds. All landscaped areas shall be consistent with native plant requirements set forth at § 211-45.

A device used for the purpose of illumination of an area and/or object.

Land identified by legal description or tax account number which is filed or proposed to be filed in the County Clerk's office. A "lot" is considered to be a unit of transfer or a unit for development. This term also is used in reference to a parcel of land which is or may be occupied by a structure or use with accessories thereto, including the open spaces thereon but excluding any part thereof within the bounds of a highway.

The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the setback line; provided, however, that lot width measured along the front lot line shall not be less than 80% of the required minimum lot width.

A dwelling unit that is assembled at an off-site location in such a way that it can be transported to a permanent foundation and meets all New York State Uniform Fire Prevention and Building Code and New York State Energy Conservation Construction Code requirements and utility hookups.

A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facility.

A series of structures for rental purposes where each unit has convenient access to parking space for the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests. No cooking is permitted in individual rooms or suites.

A lot or structure available to the public and operated for commercial gain which is used for the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission rebuilding or repair; body or frame straightening or repair; painting, refinishing or undercoating; or installation or repair of tires, glass, upholstery or radio or audio equipment.

A structure arranged, intended or designed to be occupied by three or more families living independently of each other, exclusive of row houses.

The manual entitled "Town of Victor Native Plant Manual," second edition, updated by the Conservation Board in 2018, and all future editions; based on the manual entitled "Using Native Plants in Commercial, Urban and Suburban Landscapes" written by James P. Engel. This manual is made part of the Town of Victor Design and Construction Standards for Land Development and is available for review at the Town Clerk's office and is also available electronically via the Town of Victor website.

Any species of indigenous plant that existed east of the Mississippi River prior to European settlement, including but not limited to those species set forth at Tables 1, 2 and 3 of the Native Plant Manual.

A conservation easement which protects natural resources by generally requiring that the land remain in its natural state.

That portion of the building devoted to display, whether for viewing or dissemination, of a business' stock in trade. This shall not include entry areas, stockrooms, closets, storage areas, cash register areas or any area from which the public is excluded or rest-room, whether public or private.

A structure or use of land legally existing at the time of the enactment of this chapter which does not comply with the regulations set forth herein for the district in which it is situated.

A place provided or designed to provide daytime care or instruction for three or more children from three to five years of age away from their home for up to five hours per day.

Any material or portrayal is obscene if the average person, applying contemporary community standards, would find that, considered as a whole, its predominant appeal is to prurient interest in sex and it depicts or describes, in a patently offensive manner, actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals and, considered as a whole, it lacks serious literary, artistic, political and scientific value.

A building comprised of offices as the primary use, compared with home occupations, where an office is considered as a secondary or incidental use.

An area retaining vegetative cover. An "open space" area may be left in its natural state, landscaped or used for outdoor recreational facilities such as golf courses, playfields or picnic areas.

A conservation easement which protects open space by generally prohibiting impervious areas, such as pavement and buildings, among other prohibitions.

A special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries.

An area of land defined by a tax map number or by metes and bounds.

A type of land use that is authorized by right for a particular zoning district, assuming only that it meets standard development criteria. Such a use requires no action by the Zoning Board of Appeals before a permit is granted by the Code Enforcement Officer, subject to all other applicable provisions of this chapter.

A zoning district whose requirements are completely set forth in a municipal zoning code but that is initially unmapped. The "planned zoning district" remains unmapped until application is made by a prospective developer and approval is granted by the Town Board for the zone to be applied to a particular parcel of land, provided that the development meets all of the requirements described in the code.

The entrance to a building or structure that is designed as the main egress required by the New York State Uniform Code.

In the case of a corner lot, the line of the lot closest to the street corresponding or approximately parallel to the primary entrance of the principal building.

The primary purpose or use of a parcel of land or a structure or structures.

An undedicated access point or thoroughfare serving four or more lots, and consistent with Town of Victor Design and Construction Standards for dedicated roads and streets and Chapter 55, Access Management.

Any public use of an education, religious or cultural nature, such as churches, schools, colleges, universities, libraries, museums and cemeteries.

The line that is opposite from the front lot line and also farthest in distance from the front lot line.

An area used for profit or nonprofit activities which provides leisure entertainment for those observing or participating.

A vehicular-type 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.

A detached building or a portion of a building designed for or occupied exclusively by one family living together as a housekeeping unit, with cooking, sleeping and toilet facilities therein.

An establishment where food is sold for consumption on the premises and where the taking of food from the building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption.

The restoration to an environmentally acceptable natural state of an area which has undergone physical change due to stripping and grading activities.

A permanent or temporary structure for the sale of agricultural products produced on premises.

A building consisting of a series of noncommunicating one-family sections having a common wall between each two adjacent sections with a straight unbroken front elevation and roof line. "Row houses" are prohibited in the Town of Victor. "Row houses" differ from townhouses, which are defined elsewhere in this article.

The use of landscape planting, fences or other structures to obscure vision of incompatible land use or to prevent outdoor lighting from intruding on neighboring property or to create privacy.

A building or group of buildings divided into separate compartments used to meet the storage needs of businesses, apartment dwellers, and other residential uses. Access to individual compartments may be from the interior or exterior and may be climate controlled. The compartment is controlled by the renter. These facilities may also be known as mini-storage, self-storage, and public-storage. Warehouses are not included in this definition.

The distance between the street line or rear or side lines of the lot and the front, rear or side lines of the structure. All measurement shall be at right angles to or radially from the lot lines to the nearest portion of the structure lines. The access portion of the flag lot shall not be used in determining setback distances.

Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area or buttocks.

A group of stores, shops and similar establishments occupying adjoining structures, all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities.

A line that extends from the front to the rear lot line and separates a lot from an adjacent lot that faces on the same street.

A sign indicating direction of traffic movement with no graphics. Traffic signs indicating business activities are prohibited.

Any material, structure or device or part thereof composed of lettered, numbered or pictorial matter which is located out-of-doors or on the exterior of any building or indoors as a window sign displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

A sign related to a single activity or event having a duration of no more than 45 days, but not to exceed 90 days within a twelve-month period.

A housing unit intended for occupancy by one family. It is considered to be a single-family detached unit if it is a freestanding structure.

A conservation easement which protects a combination of open space and natural resources.

Any facility employed beyond the initial solid waste collection process and managing solid waste, including but not limited to: storage areas or facilities; transfer stations; rail-haul or barge-haul facilities; landfills; disposal facilities; solid waste incinerators; refuse-derived fuel processing facilities; pyrolysis facilities; construction and demolition debris processing facilities; land application facilities; composting facilities; surface impoundments; used oil storage, reprocessing, and re-refining facilities; recyclables handling and recovery facilities; waste tire storage facilities and regulated medical waste treatment facilities. The term includes all structures, appurtenances, and improvements on the land used for the management or disposal of solid waste.

A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Board before it may be permitted in the district in which application has been made.

A permit granted by the Planning Board for a land use identified in this chapter as requiring this permit.

Human male or female genitals, pubic areas or buttocks with less than a full opaque covering.

A formal review pursuant to Part 617 of the New York Codes, Rules and Regulations which encourages productive and enjoyable harmony between man and his environment to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources and to enrich the understanding of the ecological systems and natural, human and community resources important to the people of the Town of Victor.

A defined area, generally outdoors, provided for the use of the businesses onsite, to place items used in the conducting of daily business, with the exception of items for sale, wholesale or retail.

The portion of a building which is between one floor and the next higher level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it.shall be deemed a "story."

A general term used to describe a right-of-way, publicly or privately owned, serving as a means of vehicular and pedestrian travel and furnishing space for public utilities, shade trees and other improvements. The "street" provides a principal means of access to abutting property.

The line which is the joint boundary line between a lot and a street or highway right-of-way.

Anything constructed or erected which requires permanent support or attachment to the ground or beneath the ground.

A person licensed as a land surveyor by the State of New York.

Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools, indoor pools, hot tubs, spas, and wading pools.

Any lot, other than a corner lot, which adjoins two streets opposite to each other and parallel or within 45 degrees of being parallel to each other.

The layer surface of material which is not less than six inches deep and which is capable of nurturing vegetation.

Includes any structure, including a dish antenna, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals or microwave, such as but not limited to broadcast, shortwave, citizens band, cellular communications, paging, FM or television signals. "Towers" also include wind-driven devices such as energy converters and wind speed and/or direction indicators.

The municipal governing board of the Town of Victor.

A residential building consisting of a series of noncommunicating one-family units having a common party wall between units. Each unit has private outside entrances, separate front and rear yards and separate utilities and is located on a separate recorded lot.

The purpose for which any structure or any part thereof and the premises or any part thereof is occupied or intended to be occupied and/or, if either is unoccupied, the purpose for which they may be used.

Any proposed change to the current use that has the potential to negatively affect the site on any item, but not limited to those items that are part of the site plan review process. [See: § 211-31A(1) through (15).]

A classification of land use. It is used to identify and define types of land uses for the purpose of regulation.

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

A facility that engages in the temporary storage of bulk commercial material, wholesale goods, or retail items for redistribution. The facility is enclosed and is frequented by commercial trucks delivering and removing material from the facility. No manufacturing shall be conducted or associated with a warehousing facility. "Distribution center" or "facility" are considered to be the same as a warehousing facility.

Any solid waste management facility, except disposal facilities. The term includes all structures, appurtenances, and improvements on the land used for the management of waste.

Freshwater wetlands, including lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic and semiaquatic species identified in Article 24 of the New York State Environmental Conservation Law or by the Town of Victor.

A part of a lot; an unoccupied area intended to remain open that is located between a lot line and the building or buildings on the lot.

The yard on an occupied building lot that lies between the front lot line and an imaginary line that is drawn across the lot at the point at which the building is closest to the front lot line. A "front yard" spans the full width of a building lot. On a corner lot, both of the yards bordering the street will be considered to be "front yards."

The required unoccupied space measured perpendicularly from the rear lot line to the nearest part of the main or accessory structure on the premises. In the case of through lots, there will be no "rear yards," but only front and side yards.

A yard located between a side lot line and line parallel to that side lot line passing through the portion of the building that is closest to that lot line. Generally, a "side yard" extends from the front yard to the rear yard.

The officially adopted Local Law No. 3-1992 entitled the "Town of Victor Zoning Code, as amended."

A portion of a community that is officially delineated on the Zoning Map and is subject to a particular set of land use requirements set forth in the Zoning Code. These requirements, which are uniform throughout the district, control permitted uses as well as intensity of development and arrangement of buildings on the land.

The officially adopted map of the Town of Victor which shows the boundaries of the zoning districts.