A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, private playhouse and private greenhouse.

Any place from which the public is omitted or to which it is invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration any one or more of the following:

A nightclub, bar, restaurant, or similar commercial establishment which features:

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Minors are excluded from attending these types of establishments.

Agricultural practices cover a large variety of activities: field crops, fruits, vegetable, horticultural specialties, livestock, agricultural products, Christmas trees and forest products. Land used in agricultural production means not less than 10 acres of land used in a single operation in the preceding two years for the production for sale of a product.

Any motor vehicle, designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control. As used in this chapter, "all-terrain vehicles" shall mean all-terrain vehicles and utility-terrain vehicles.

As applied to a building or structure, a change or rearrangement in the structural parts 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; the term "alter" in its various modes and tenses, and its participial form, refers to the making of an alteration.

The raising or keeping of one or more cows, cattle, horses, mules, hogs, sheep, goats, donkeys, oxen, or other similar animals, or the raising or keeping of more than four animals or combination of; ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any similar small animals, excluding dogs and cats and household animals. Such uses include the pasturing, feeding, and sheltering of such animals.

Animal husbandry, as defined herein, on a farm and incidental to a farm use or as a stand-alone commercial enterprise located within a state-certified Agriculture District.

Animal husbandry, as defined herein, for personal use of the property owner, not for any commercial enterprise, and as an accessory to the principal use.

A structure or building designed for the washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function. A filling station having portable washing equipment shall not be deemed to be an automobile laundry where such use is an accessory service to the principal service of the filling station.

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network, the level of which so read is designated dB(A) or dBA.

A story partly underground but having less than 1/2 of its clear height below finished grade. A basement shall be counted in determining the permissible height of a building in terms of the number of stories.

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered or existing upon such lot.

A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.

A story partly underground and having 1/2 or more of its clear height below finished grade. A cellar shall not be counted in determining the permissible height of a building in terms of the number of stories.

A club for golfing, tennis, hunting, fishing, horseback riding, swimming or similar sports.

The premises and buildings used by a local chapter holding a valid charter from an international, national or state organization or by a bona fide local civic association catering exclusively to members and their guests primarily for a patriotic, fraternal, benevolent, social, educational, religious or political purpose. The club shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for the meeting of other organizations, nor for educational and cultural purposes.

An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. An offset to a court shall be deemed a separate court for the purpose of determining its required dimensions.

The maximum horizontal dimension at right angles to the width.

The building height as measured from the lowest level of such court.

Any court which is not an outer court.

A court extending to a street line or other property line, or opening upon any front, side or rear yard.

The horizontal dimension parallel to the principal open side in the case of an outer court, and the least horizontal dimension in the case of an inner court.

A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.

A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.

A building or portion thereof containing more than two dwelling units. "Multiple dwelling" shall not be construed to include mobile homes or a mobile home park.

One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage shall be deemed to constitute a family unit.

A structure bounding an area of land designed either to limit access to the area or to screen such area from view, or both.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service for motor vehicles, such as lubricating, washing and minor repairs.

The boundaries of the areas of special flood hazard as delineated by the FEMA Flood Insurance Rate Map (FIRM).

A building, not a private garage, used for the storage of automobiles or trucks and not used for making repairs thereto.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein.

A building, other than a private or a parking garage, used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use.

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

Any single legal nonresidential, nonagricultural business use clearly subordinate to and conducted within a permitted residential dwelling unit. Said home occupation shall be conducted wholly within a structure and shall not include any hazardous material. Home occupations shall be further classified into:

The office or studio of a resident physician, surgeon, dentist or other person licensed by the State of New York to practice a healing art, lawyer, architect, artist, engineer, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted, provided that not more than one person is employed who is not a member of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, a teacher shall be restricted to a person giving instruction in academic or scientific subjects to a single pupil at a time. A home professional office shall not include the office of any persons professionally engaged in the purchase or sale of economic goods nor shall any equipment, device or object be used which will cause line disturbances in the electric service so as to interfere with the reception of radio or television broadcast signals within the neighborhood, or which will produce offensive noise, vibration, smoke, dust, odor or glare. Tea rooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.

A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by transient individuals or groups of individuals for compensation. A hotel shall not provide dwelling units nor shall it include a motel, seasonal cottage or cabin.

See "mobile home."

Any land or structure or part thereof exceeding 300 square feet in area or containing two or more automobiles or similar vehicles, used for collecting, storage or sale of waste paper, rags, scrap metal or other scrap or discarded material, or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof.

Any location within the Town of Wheatland wherein four or more dogs over four months of age are kept or maintained for any commercial purpose, including but not limited to boarding, breeding, grooming, letting for hire, training for a fee or selling.

Any location within the Town of Wheatland wherein four or more dogs which are over four months of age are kept or otherwise are allowed to reside.

A parcel of land which is or may be occupied or used by one main building or use with its accessory buildings and the required open spaces, but excluding any part thereof within the bounds of a street.

The total horizontal area included within lot lines.

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

The percentage of the area of the lot covered by a building or buildings.

Any lot other than a corner lot.

Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.

The street line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

The lot line opposite to the front lot line.

A lot extending from one street to another.

The dimension measured from side lot line to side lot line along a contiguous line parallel to the street line at the required minimum front yard depth.

A contiguous parcel of land under one ownership or management which is at least 20 acres in area and which has been planned and improved for the placement of at least 50 mobile homes for nontransient use.

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations, but shall not be construed to include parking areas for house trailers or mobile homes. A motel shall not provide dwelling units nor shall it include a seasonal cottage or cabin.

An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and mini-bikes.

A device for abating the sound of escaping gases of an internal combustion engine.

Any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans.

Any sound that endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. A sound level in excess of 85 dB(A) measured at a residential property line shall be considered a noise disturbance.

A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put.

Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter for the district in which it is situated.

Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials or open accessory storage yard unless completely enclosed by a solid wall or fence not less than six feet in height.

Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, or photographed, or similarly depicted by other persons who pay money or any form of consideration.

The appearance of human bare buttocks, anus, male genitals, female genitals, or full male or female breasts.

A building or structure, together with its lot and its accessory uses, building and structures, used as an organized instructional facility for five or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features such as Ferris wheels or roller coasters and not furnishing sleeping quarters except for the resident family.

An open area of land used for the operation of motorized vehicles, at any speed, on the same parcel of land, regardless of whether or not the vehicles are involved with any aspect of racing. An off-road track is defined by the absence of natural vegetation caused by the operation of motorized vehicles.

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other considerations.

A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

A specific main use of a building, structure, lot or land or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use.

A residential development of land based on an overall development plan approved by the Planning Board in accordance with the special exception use procedure in which the dimensional regulations of this chapter and the type of housing may be varied as provided in this chapter, and where certain lands are set apart as permanent open space or common land.

Any office customarily used by a doctor, dentist, surgeon, attorney at law, accountant, licensed engineer or licensed architect. Whenever a professional office is permitted as an accessory use, the professional person must reside in the building in which the office is located.

A use of a building, structure, lot or land or part thereof which is not listed as a permitted, special exception or accessory use.

Any area of land where three or more motor-driven vehicles operate simultaneously, or under time conditions, at any speed. The term shall include any area of land, whether or not the area of land consists of a circuit or continuous loop, or whether or not the area of land consists of a defined path or course. This term shall also apply to the operation of off-road vehicles.

A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto. With respect to the application of this chapter, such research institute or laboratory shall meet the standards of a nonnuisance industry.

A dwelling designed and occupied for less than eight months of each year.

A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

An adult arcade, adult bookstore, or adult video store, adult cabaret, adult motion-picture theater, escort agency, nude model studio or sexual encounter center.

Any outdoor advertising medium, structure or device which advertises, directs or calls attention to any business, article, substance, service or any other thing which is painted, printed, pasted, posted or affixed to any building, billboard, wall, fence, railing, natural object or structure of any kind on real property or upon the ground itself, including interior signs visible outside the premises.

A temporary or permanent sign which directs attention to a business or profession conducted upon the property.

A temporary or permanent sign which directs attention to a resident's home, a home occupation, a home professional office or a public or semipublic building on the premises on which the sign is located.

A sign advertising land or improvements thereto or describing construction activity or a firm doing work related to construction on the premises on which the sign is located.

Any sign advertising or calling attention to special events, contests or civic activities which shall be erected for no more than 15 days.

A use in one or more districts for which the Planning Board may grant a permit pursuant to the provisions of Article VII.

The male genitals in a state of arousal and/or the vulva or more intimate parts of the female genitals.

Any of the following:

That portion of a building between the surface of any floor and the surface of the floor next above it; if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story but a cellar shall not be counted as a story.

A story with at least two opposite exterior sides meeting a sloping roof not more than four feet above the floor of such story and having a ceiling height of at least 7 1/2 feet over not more than 1/2 the total floor area.

Any federal, state, county or municipal highway or road or any street shown upon a subdivision plat filed in the County Clerk's office.

The dividing line between a lot and a street right-of-way.

Anything constructed or erected on or under the ground or upon another structure or building.

The increase in floor areas occupied by a sexually oriented business by more than 20% of the floor area of an existing structure as it exists on the effective date of the Town of Wheatland Zoning Local Law of 1976.

A swimming pool, as defined in the instance of "private swimming pool," except that the owner charges a fee to swim or bathe or gives swimming instructions or other services related to water activities for a fee.

Any artificial body of water or receptacle for water having a depth at any point of more than 18 inches, used or intended to be used for swimming or bathing, constructed, installed or maintained in or above the ground, inside or outside a building, and including all appurtenant equipment.

An independent, single-family dwelling unit, which is one of a series of dwelling units, having a common resistance-rated wall between each adjacent unit, each with a private outside entrance.

A building, or group of buildings, with each building containing not more than six townhouse dwelling units connected by common fire-resistance-rated walls.

A tract of land adequately sized to accommodate the construction of townhouse dwelling units in accordance with the density standards contained elsewhere in these regulations.

Any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control. As used in this chapter, "all-terrain vehicles" shall mean all-terrain vehicles and utility-terrain vehicles.

A modification of the regulations of this chapter, granted by the Board of Appeals on the grounds of practical difficulties or unnecessary hardship, not self-imposed, or as specifically provided for pursuant to the provisions of Article VIII. A variance may not be granted for a use not permitted or specially permitted in the district.

A structure of wood, stone or other materials or combination thereof intended for security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the front lot line of the lot and extending from side lot line to side lot line.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot, and extending from side lot line to side lot line.

A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot, and extending through from the front yard, or from the front lot line where no front yard exists, to the rear yard, or to the rear lot line where no rear yard exists.