[Amended 3-7-2002 by L.L. No. 2-2002; 2-3-2005 by L.L. No. 2-2005; 6-5-2008 by L.L. No. 3-2008; 8-6-2009 by L.L. No. 4-2009; 3-4-2010 by L.L. No. 1-2010; 8-16-2018 by L.L. No. 3-2018; 10-20-2022 by L.L. No. 4-2022; 1-5-2023 by L.L. No. 1-2023; 3-2-2023 by L.L. No. 4-2023; 9-5-2024 by L.L. No. 3-2024]
As used in this chapter, the following words shall have the following meanings unless the context or subject matter otherwise requires:
ACCESSORY BUILDING OR STRUCTURE
A building or structure which is subordinate and incidental to and located upon the same lot as the primary building/structure or use, and which accessory building or structure is customarily used as a subordinate and incidental structure to use primary building/structure or use.
ACCESSORY USE
A subordinate use customarily incident to and located upon the same lot occupied by the main building.
ACTIVE AGRICULTURAL LAND (relative to solar energy systems only)
Land used for a farm operation in accordance with Agriculture and Markets Law § 301 – uses of which include production of crops, livestock, and livestock products – within the past five years.
AGRICULTURAL BUILDING
Customary nonresidential farm buildings including barns, silos, storage sheds, corn cribs, grain bins, milk houses, animal pens, and similar structures when used in connection with agricultural activities.
ALLEY
A narrow service way providing a secondary public means of access to abutting properties.
ALTERATION
As applied to a building or structure, a change or rearrangement of the structural parts of or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building such as foundations, bearing walls, columns, beams or girders.
APARTMENT
A single dwelling unit within an apartment building.
APARTMENT BUILDING or APARTMENTS
A multiple dwelling with a common exterior entrance and a common interior hallway containing entrances to individual apartments. Apartment buildings may range from a single-story four-unit building to a multistory building with many units.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
AREA, NET SITE
The total area within the property lines, excluding external street rights-of-way.
AUTOMOBILE WRECKING YARD
Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "automobile wrecking yard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
AUTO REPAIR SHOP
See "garage, commercial."
AUTO SALES
Any building, land area or other premises used for the display or sale of new or used automobiles, trucks, trailers or boats, but not including any repair work other than warranty and other repairs conducted as an accessory use on such premises.
BASEMENT
A story partly below the average level of the adjoining ground but having at least 1/2 of its height (measured from floor to ceiling) above the average level of the adjoining ground.
BATTERY ENERGY STORAGE SYSTEM ("BESS")
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).
BED-AND-BREAKFAST
A use incidental to, and located within, an owner-occupied residence that accommodates for rent no more than four bedrooms, with breakfast served each morning.
BOARDINGHOUSE
Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse." (See also "lodging house.")
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
See "accessory building or structure."
BUILDING, DETACHED
A building surrounded by open space.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
Components of a building which harness solar energy for usable forms of electric or thermal energy. These components are directly integrated into the building itself. By way of example, these may comprise specially treated windows and glass, shingles, etc. This does not include building-mounted or roof-mounted solar panels.
CAMP
Any one or more of the following, other than a hospital, place of detention or school offering general instruction:
A.
Type 1. Any area of land or water improved to accommodate or on which are located two or more cabins, recreational vehicles, shelters, houseboats or other facilities of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other facilities actually are occupied seasonally or otherwise; or
B.
Type 2. Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
CANNABIS RETAIL DISPENSARY
As identified in the NYS Cannabis Law, an establishment which involves the acquisition, possession, sale and delivery of cannabis to consumers, and which is licensed by New York State as a cannabis retail dispensary.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, and generally for the convenience of the membership and purposes of such club.
COUNTY PLANNING BOARD
The Planning Board of Wayne County appointed by the Board of Supervisors.
COURT
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are available.
COURT, OUTER
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE
That percentage of the plot or lot area covered by the building area.
DAY-CARE CENTERS
A facility for the care of children as defined by Part 418 of the Regulations of the Department of Health of the State of New York.
DECOMMISSION (relative to solar energy systems only)
The removal and disposal of the solar energy system, including all components and subsystems thereof, including associated equipment, as well as site restoration, all in accordance with a decommissioning plan.
DOG KENNEL
A structure used for the harboring of more than three dogs that are more than six months old.
DRIVEWAY
Any area reserved on any lot, plot, site or parcel of land for the purpose of providing vehicular access from an access road or state, county or Town highway to dwellings or other principal buildings located on said lot, plot, site or parcel of land, to certain portions of said dwellings or other principal buildings, to accessory buildings or to complimentary parking spaces, the use of said area being limited to residents or owners of said dwellings, to the occupants or owners of such other principal buildings and to such other persons as may be designated or permitted to use such area by the owners thereof.
DUMP
A lot or land or part thereof used for the disposal, by abandonment, dumping, burial or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building which serves as the permanent living quarters for one or more families or individuals.
DWELLING UNIT
A building or distinct portion thereof which provides complete and independent permanent residential living quarters for single person, family, or household unit, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. Does not include living quarters for transient guests, such as hotel rooms.
FAMILY
A.
Includes:
(1)
One, two or three persons occupying a dwelling unit; or
(2)
Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
B.
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
C.
In determining whether four or more individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1)
The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.
(2)
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.
(3)
The group shares expenses for food, rent or ownership costs, utilities and other household expenses.
(4)
The group is permanent and stable. Evidence of such permanency and stability may include:
(a)
The presence of minor dependent children regularly residing in the household who are enrolled in a local school.
(b)
Members of the household having the same address for the purposes of voter registration, driver's licenses, motor vehicle registration and filing of taxes.
(c)
Members of the household are employed in the area.
(d)
The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
(e)
Common ownership of the furniture and appliances among the members of the household.
(f)
The group is not transient or temporary in nature.
(5)
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
FARM or FARM OPERATION
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, all as further specified in the NY Agriculture and Markets Law unless otherwise specified herein. Such farm operation must comprise at least five acres, and may consist of one or more parcels, which parcels shall be contiguous. Barns and other buildings housing livestock shall be located at least 100 feet from property lines.
FARM ANIMALS and FOWL
Animals and fowl normally habitating on a farm, such as livestock, including horses and ponies, bird of any kind, chickens, ducks, turkeys, geese, guinea fowl, squabs, including any and/or other fowl kept for meat or eggs, but specifically excluding dogs, cats and other domestic animals and so-called exotic animals.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors of a building, excluding cellar and basement floor areas not devoted to residential use and the area of roofed porches and roofed terraces.
FLOOR AREA RATIO OF A BUILDING
The quotient of the floor area of a building divided by its lot area.
GARAGE, COMMERCIAL
Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and that space therein for not more than one car is leased to a nonresident of the premises.
GASOLINE STATION or SERVICE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing or otherwise servicing motor vehicles but not including the painting thereof by any means.
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially established by the Town authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks or roads brought to grade as shown on official plan or design relating thereto.
GROUND COVER
Grass or other planted vegetation used to stabilize soil to prevent erosion.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system which is secured to the ground via a pole, ballast system, or other mounting system; is detached from any other structure; and which generates electricity for on-site or off-site consumption.
HOME DAY CARE
A facility for the care of children as defined by Part 417 of the Regulations of the Department of Health of the State of New York.
HOSPITAL
Unless otherwise specified, shall be deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of human ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of sick or injured animals.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests and where only a central kitchen and dining room are provided within the building or in an accessory building.
HOUSE TRAILER
Any portable or mobile vehicle used or designed to be used for living or sleeping purposes. The term "trailer" shall include such a vehicle if mounted on temporary or permanent foundations with or without the wheels in place.
JUNK VEHICLES
Any motor vehicles (whether automobile, bus, trailer, truck, motor home, motorcycle or snowmobile, or any other device originally intended for travel on public highways) which is unlicensed, wrecked, discarded or dismantled and which is not intended or in any condition for legal use upon the public highway. When referring to agricultural vehicles or other special purpose vehicles (such as for hunting and snowplowing), the term means any motor vehicle which is incapable of motion under its own power.
JUNKYARD
A lot, land or structure or part thereof used for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LAUNDERETTE
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LIVING AREA
Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and/or sanitation purposes.
LODGING HOUSE
A building in which three or more rooms are rented and in which no table board is furnished. (See also "boardinghouse.")
LOT
A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
Any line dividing one lot from another.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH OF
The distance between the side lot lines as measured along the front building line as determined by the front yard requirements prescribed by this chapter.
MAJOR RECREATIONAL VEHICLES
Vehicles typically used for recreation or considered recreational, including boats and boat trailers, jet skis, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings and RVs, tent trailers, ATVs, snowmobiles and similar items/vehicles, and cases, boxes or trailers used for transporting the same, whether occupied by such or not.
MANUFACTURED HOME
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, with or without a permanent foundation, constructed on or after June 15, 1976, and subject to the HUD Code. This shall not include any self-propelled or tow-along recreational vehicle. Manufactured homes designed for use as a single dwelling unit shall additionally be permitted outside of a mobile home park as a single-family dwelling, where and as single-family dwellings are otherwise permitted, all as set forth herein, so long as constructed on a permanent foundation and sufficient skirting is installed.
MEDIUM TO LARGE GROUND-MOUNTED SOLAR ENERGY SYSTEM
A ground-mounted solar energy system which does not qualify as a small ground-mounted solar energy system or small on-farm ground-mounted solar energy system due to a larger size or due to off-site use.
MINERAL SOIL GROUPS 1-4 (MSG 1-4)
Soils recognized by the New York State (NYS) Department of Agriculture and Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land classification system developed for the NYS Agricultural Assessment Program.
MOBILE HOME
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 with or without a permanent foundation, constructed prior to June 15, 1976, and with or without a label certifying compliance with NFPA, ANSI or a specific state standard. This shall not include any self-propelled or tow-along recreational vehicle.
MOBILE HOME PARK
A tract of land where two or more mobile homes are parked and occupied or which is used or held out for the purpose of supplying to the public a parking space for two or more mobile homes.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, motor lodges, motor inns, etc.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles for profit.
MULTIPLE-FAMILY DWELLING; MULTIFAMILY DWELLING
A building designed or used as three or more dwelling units.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation.
NEW YORK STATE BUILDING CODES
The Residential Building Code of New York State, Building Code of New York State, Fire Code of New York State, Property Maintenance Code of New York State, Plumbing Code of New York State, Mechanical Code of New York State, Fuel Gas Code of New York State and Energy Conservation Construction Code of New York State, which became effective January 1, 2003.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing at the time of enactment of this chapter or any subsequent amendment which does not conform to the regulations of the district or zone in which it is situated.
NONCONFORMING USE
A use of land, building or structure lawfully existing at the time of enactment of this chapter or any subsequent amendment which does not conform to the regulations of the district or zone in which it is situated.
NON-PARTICIPATING RESIDENCE (relative to solar energy systems only)
A residential property which is not on lands comprising the subject solar energy system and is not otherwise affiliated with the subject solar energy system in any contractual manner (e.g., via a lease relative to the system).
NURSERY SCHOOL
A school designed to provide daytime care or instructions for four or more children from two to five years of age, inclusive, and operated on a regular basis. This definition of "nursery school" is intended not to include school-age child care, group family day-care homes, family day-care homes and day-care centers as defined by Parts 414, 416, 417 and 418 of the Regulations of the New York State Department of Health.
NURSING HOME
A facility regulated by the state and providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board.
OLD-AGE HOME
A facility regulated by the state and operated for the purpose of providing therein care to adult persons who, though not requiring medical or nursing care, are in such condition by reason of age as to require, in addition to lodging and board, personal services to assure their safety and comfort.
ON-FARM SOLAR ENERGY SYSTEM
A solar energy system located on a farm which is a "farm operation" (including as defined by Article 25-AA of the Agriculture and Markets Law, which may include one or multiple contiguous or non-contiguous parcels) in an agricultural district, which is designed, installed, and operated for on-site use.
ON-SITE CANNABIS CONSUMPTION SITE
As identified in the New York State Cannabis Law, an establishment involving the consumption of cannabis on premises and licensed by New York State as an on-site consumption site. The Town of Walworth has opted out of on-site cannabis consumption sites. On-site cannabis consumption sites are not permitted in the Town of Walworth.
ON-SITE USE (for solar energy systems)
Solar energy system designed, installed, and operated so that the anticipated annual total amount of electrical energy generated does not exceed more than 110% of the anticipated annual total electrical energy consumed on the site on which the SES is located.
OPEN SPACE
Any unoccupied space open to the sky on the same lot with the building.
PARKING SPACE
The area required for parking one automobile; for purposes of this chapter, a "parking space" shall be an area 10 feet wide and 20 feet long, not including passageways.
PARKS AND COMMUNITY FACILITIES DISTRICT
A zoning district containing the Town Hall, Library and municipally owned recreational facilities.
PLANNING BOARD
The Planning Board of the Town of Walworth appointed by the Town Board.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
QUARRY, SAND PIT, GRAVEL PIT OR TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been issued.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally permitted building or structure, which produces electricity for on-site or off-site consumption.
SANITARIUM
A private hospital, whether or not such facility is operated for profit.
SES NAMEPLATE CAPACITY
A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).
SETBACK DEPTH
The minimum depth or distance from the property line to a structure or building on any lot or parcel, except when the depth is measured from the front, back or side of any structure or building which faces a street, then in that event, the depth shall be measured from the edge of the right-of-way to the structure or building.
SHORT-TERM RENTAL
Any portion of real property rented for compensation in exchange for lodging for a period of not less than one day and not more than 30 consecutive days. For purposes of this chapter, the term "short-term rental" shall not include a bed-and-breakfast, sites at a campground, hotels, motels, or ongoing month-to-month tenancies.
SIGN
Any material, structure, or part thereof, or any device attached to a structure or painted or represented thereon, composed of or upon which is placed numbered, and/or lettered, graphical, pictorial, or other matter for visual communication or display, when used or located out-of-doors or on the exterior of any building or indoors as a window sign, to display an advertisement, notice, directional matter, name, or if otherwise utilized to direct or draw attention to a business use. The term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function within this political jurisdiction, or required by any law, ordinance, or governmental regulation, or the flag or insignia of any nation or of any governmental agency having jurisdiction over the Town of Walworth.
SINGLE-FAMILY DWELLING
A building designed or used as a single dwelling unit.
SLAB
Any material not larger than 24 square feet which is not part of a building but may be attached or contiguous to a building.
SMALL ON-FARM GROUND-MOUNTED SOLAR ENERGY SYSTEM
A ground-mounted solar energy system which a) comprises a maximum of 2.0% of area of the lot on which it resides, or b) has a total maximum of 1,000 square feet of solar facility area, whichever is less. May only be utilized as an accessory structure. On-site use only.
SMALL ON-FARM GROUND-MOUNTED SOLAR ENERGY SYSTEM
An on-farm ground-mounted solar energy system situated on a parcel a part of a farm operation which a) comprises a maximum of 4.0% of area of the farm lot on which it resides, or b) has a total maximum of 4,000 square feet of solar facility area, whichever is less. May only be utilized as an accessory structure.
SOLAR ACCESS
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.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity.
SOLAR ENERGY SYSTEM ("SES")
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment.
SOLAR FACILITY AREA
The cumulative land area occupied for the operation of the solar energy system. This includes all areas and equipment within the facility's perimeter boundary (typically identified as the area within the required perimeter fence) – including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment – as well as any site improvements beyond the facility's perimeter boundary such as access roads used primarily for the solar energy system, permanent parking areas used primarily for the solar energy system, or other permanent improvements used primarily for the solar energy system. The facility area shall not include site improvements established for impact mitigation purposes which are outside of the facility's perimeter boundary, including but not limited to vegetative buffers and landscaping features.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electricity.
STABLE
An accessory building in which any horses are kept for hire, remuneration or sale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
STREET
Thoroughfare dedicated and accepted by the Town, county or state for public use or legally existing on any map of a subdivision filed in the manner provided by law.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
STREET LINE
The dividing line between the street right-of-way and a lot, plot or parcel.
STRUCTURE
Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, constructed and maintained outdoors, which exceeds 10 feet in width at its widest point of width and 24 inches or more in depth with a recirculating and/or controlled water supply.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATER, DRIVE-IN
An open lot or part thereof, with its appurtenant facilities, devoted to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOWN ENGINEER/ENGINEER FOR THE TOWN
The professional engineer and/or firm designated by the Town Board to provide professional engineering services to the Town of Walworth.
TOWNHOUSE
A single-family dwelling unit constructed in a group of three or more attached units (but no more than six attached units allowed) in which each unit 1) extends from foundations to roof; 2) has open space on at least two sides; and 3) has a separate means of egress. A townhouse is two-story by design and no other dwelling unit may exist above or below said unit. A townhouse is a unit within a multiple-family dwelling, typically where each unit within said multiple-family dwelling is individually owned, with shared ownership of common areas.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAVEL TRAILER
A highway vehicle designed to be hauled by another vehicle.
TWO-FAMILY DWELLING/DUPLEX
A building comprised of two dwelling units, each with separate outside entrances.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained or used. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY
See "accessory use."
VETERINARY OFFICE/CLINIC FOR FARM ANIMALS
A facility for medical care and treatment of animals with offices necessary to support the facility.
WAY
A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARD
An unoccupied space open to the sky on the same lot with a building or structure.
YARD, FRONT
An open, unoccupied space on the same lot with a building extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street except in such cases where any part of a lot line is located between the building and the street, then the depth of the front yard shall be measured between the front line of the building which is closest to the street and the part of the lot line in front of the building which is closest to the building. A front yard, except in the case of a corner lot, shall be further defined as the yard facing the street which is the building's designated property street address. In the case of a corner lot, the front yard of the property shall be defined as the yard facing the street which is closest to the building. Covered porches, front porches and decks, whether closed or unclosed, excluding steps or a slab, shall be considered as part of the building and shall not project into a required front yard.
YARD, REAR
An open, unoccupied space on the same lot with the building situated between the rear line of the building and the rear line of the lot and extending the full width of the lot. Covered porch, sun porches and decks, whether enclosed or unenclosed, excluding steps or a slab, shall be considered as part of the main building and shall not project into a required rear yard.
YARD, SIDE
An open, unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear lot line or a front lot line shall be deemed a side lot line. Covered porches, sun porches and decks, whether enclosed or unenclosed, excluding steps or a slab, shall be considered as part of the main building and shall not project into a required side yard.
ZONING BOARD OF APPEALS
The Board of Appeals of the Town of Walworth appointed by the Town Board and sometimes referred to as the "Zoning Board" or "Board of Appeals."