[Amended 6-6-1996; 7-2-1997; 1-8-1998 by L.L. No. 1-1998; 1-8-1998 by L.L. No. 1-1988; 8-6-1998; 12-3-1998; 11-15-1999; 12-6-2001; 3-7-2002 by Res. No. 87; 7-2-2002; 4-3-2003; 8-4-2005; 11-10-2005; 12-1-2005; 1-5-2006; 12-7-2006 by L.L. No. 4-2006; 4-5-2007; 6-7-2007; 11-6-2008; 2-7-2013; 8-1-2019; 11-2-2023; 4-4-2024 by L.L. No. 1-2024]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTTo cease or discontinue a use or activity, excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during normal periods of vacation or seasonal closure.
ACCESSORYA use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ACCESSORY APARTMENTA second dwelling unit either in or added to an existing single-family detached dwelling or in a separate accessory structure on the same lot as the main dwelling for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping.
ADULT USESThese uses shall include but are not limited to the following:
A. ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
B. ADULT DRIVE-IN THEATERA drive-in theater that customarily presents motion pictures that are not open to the public generally, but excludes any minor by reason of age.
C. ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or similar entertainments, and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
D. ADULT MOTELA motel which is not open to the public generally, but excludes minors by reason of age, or which makes available to its patrons in their rooms closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which, if presented in a public movie theater, would not be open to the public generally, but would exclude any minor by reason of age, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions or offers a sleeping room for rent for a period of time that is less than 10 hours.
E. ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally, but excludes any minor by reason of age.
AGRICULTURAL BUILDINGA structure which is used for the housing of animals (such as horses, chickens, cows, pigs) or their food and forage (such as grains, straw) and equipment used to implement the agricultural use (such as tractor, manure spreader, planter, etc.).
AGRICULTURE USEThe raising of crops, including trees, livestock, poultry, fruit or fur-bearing animals, including the sale of products grown or raised directly on such land, but shall not include the construction of new structures associated with agricultural activities.
ALTERATIONAs 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.
AMUSEMENT ARCADEA building or part of a building in which five or more in any combination of pinball machines, video games or other similar player-operated amusement devices are maintained.
AMUSEMENT CENTERAn indoor or outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including but not limited to rides and booths for the conduct of games and buildings for shows and entertainment.
ANIMAL FARMAn admission-charging endeavor whose main attraction is animals.
APARTMENT HOUSEA building with multiple individual dwelling units and intended or designed to be occupied by three or more households living independently of each other, which building may or may not have common service entrances, and which units are rented.
APPLICANTA property owner or agent of a property owner who has filed an application for a land development activity.
AREA, LOTThe total area within the lot lines, excluding public rights-of-way.
ASPHALT PLANTA facility where oil products, stone and/or sand are assembled to produce asphaltic material and may include sand and gravel processing activities.
ASSEMBLY PLANTA facility where products or articles are assembled and said products or articles are consumed or used at another location. Products or articles that are assembled can be disassembled and are therefore not mixed or fused together which would make the individual parts indistinguishable from each other in the final product. This definition does not include the production of asphalt or concrete.
ASSISTED LIVING COMMUNITYA structure or structures in which residential units are accompanied by support services, including the provision of the option of at least one meal per day and personal care services such as medication supervision and assistance with the activities of daily living such as bathing, dressing, grooming, eating and ambulation.
AUTOMATIC LAUNDRY OR LAUNDROMATBusiness premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory in an apartment house or similar use.
AUTOMOBILE WRECKING YARDArea/premises dedicated to the dismantling, disassembling or storage of motor vehicles, trailers, tractors construction or excavation machines. Used for storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
AUTOMOTIVE REPAIRThe repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
BALUSTRADEA rail and the row of balusters or posts that support it, as along the front of a gallery.
BANNERAny sign of lightweight fabric or similar material that is mounted or attached to a pole, building, fence or any other structure. National, state or municipal flags or the official flag of any institution or business shall not be considered "banners."
BASEMENTA space partially below grade but having at least 1/2 of its height below the average grade of the adjoining ground.
BED-AND-BREAKFAST FACILITYA facility which is not a hotel or motel, but rather an owner-occupied dwelling in which overnight accommodations for a maximum stay of one week and breakfast only is provided or offered for transient guests for compensation. Such use is secondary to the occupancy of the dwelling by a family.
BERMA hillock or raise in grade generally high enough to visually screen headlights from automobiles or trucks on adjacent properties or to reduce sound levels between adjacent properties.
BOARDINGHOUSEA private dwelling in which at least four but not more than 10 sleeping rooms are offered for rent and meals or kitchen facilities may be furnished to lodgers and in which no transients are accommodated. A rooming house or furnished room house shall be deemed a "boardinghouse."
BOAT STORAGE, COMMERCIALA place, site or structure used to park, house or store on any one lot boats and/or vessels not owned by property owner or lessee.
BOND or LETTER OF CREDITA written agreement issued by a qualified agent or banking organization which guarantees either the performance of a certain agreed-upon activity or an equivalent consideration if the activity is not completed as required.
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the development to adjacent properties and vice versa.
BUFFER ZONEAn unpaved, natural area without buildings designed to reduce the possibility of adverse impact on land or water quality and/or conflicts of land use between two or more areas.
BUILDABLE LANDThat portion of a lot exclusive of all federal and all New York State designated freshwater wetlands, New York State classified streams, flood hazard areas, as mapped on FEMA's Flood Insurance Rate Maps, slopes of 15% or greater, critical environmental areas as designated by the New York State Department of Environmental Conservation (NYSDEC) or within the Town of Wilton Comprehensive Plan and other areas of environmental or scenic significance as may be identified by the Planning Board and Town of Wilton Comprehensive Plan or Zoning Ordinance.
BUILDINGAny structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area and aids in the development of land. See also "structure."
BUILDING, FRONTThat portion of a building facing the major or principal access street.
BUILDING, HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade around the perimeter of the building to the highest point of the building, except that the height limitations of this chapter shall not apply to mechanical appurtenances usually carried above roof level, radio and television antennas or similar structures. In the case of a building which contains several uses with different height restrictions under this chapter, the predominant use within the building controls the height regulation. For the purposes of this definition, "predominant use" shall mean the class of use having the largest gross floor area within the building.
BUILDING LINEThat line established by the required front yard depth as the closest point to the front property line at which a building may be constructed. Side and rear building lines shall be determined in a comparative manner.
BUILDING SUPPLY/LUMBER YARDA business where building supplies are sold either wholesale or retail, including the storage of such supplies.
BUSINESS OFFICEA building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, and personal services.
CAMPAny area of land or water on which is located one or more cabins, tents, travel trailers, houseboats or other accommodations of a design or character suitable for seasonal or temporary recreation-oriented occupancy, regardless of whether such accommodations are actually occupied on a seasonal basis by adults or by children, either as individuals, families or groups and whether or not conducted for profit.
CAMPGROUNDAny area designated for transient occupancy by camping in tents, camp trailers, motor homes, truck cap campers or pickup campers or similar temporary shelter.
CAMPSITEAn individual site designed to accommodate transient occupancy by camping in a tent, camp trailer, motor home, truck camper or pickup camper or similar temporary shelter. The area of the campsite shall include the vehicle or tent location, hookups, green space and any other accessory facilities being the required square footage as per §
129-176G(4).
CANOPYA permanent roof-like structure either freestanding or connected to a principal building or accessory building.
CAR WASHAn area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CEMETERYLand used or intended to be used for the burial of the dead and dedicated for similar purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of said cemetery.
CERTIFIED FORESTERA forestry professional who voluntarily subscribes to the criteria outlined by the Society of American Foresters' Certified Foresters Program.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CHURCHA building for public worship and/or religious services.
CLEAR-CUTTINGThe removal of trees, shrubs or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of nonnative tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations.
CLEARINGAny activity that removes the vegetative surface cover.
CLINICA building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
CLUB or LODGEA building or portion thereof or premises owned and/or operated by a corporation, association, person or persons for a social, educational or recreational activity or to render a service which is customarily considered a business, but not done primarily for profit.
CLUSTER DEVELOPMENTSubdivisions in which lot sizes and bulk requirements of the governing zone are reduced in order to group structures in one or more portions of the site where they will have the least impact on important resources and to permanently preserve open space.
COMMERCIAL RECREATION USEAny use involving the provision of recreation facilities or activities for a fee, whether indoors or outdoors.
COMMERCIAL USEAny use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or provision of recreation facilities or activities for a fee. The term shall include but not be limited to the following; drive-in establishment, fast-food restaurant, service station, public garage, restaurant, retail business and tavern.
COMMUNITY BUILDING OR CENTERA place, structure, area or other facility used for providing fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
COMPOSTING FACILITYA facility which produces compost from the organic fraction of leaves, grass clippings, pine needles, plants, garden waste, branches and brush. This definition specifically excludes inorganic material and/or food and animal products and by-products, sewer waste, solid waste (other than those above) or sludge. Said facility must conform to the requirements of 6 NYCRR
360, Solid Waste Management Facilities, and further revisions thereof.
COMPREHENSIVE PLANThe officially adopted plan for the development of the Town, which indicates the general location for physical growth of the community, together with any and all amendments thereto.
CONCRETE BATCH PLANTThe process by which stone, sand, water and cement are combined to make concrete.
CONDOMINIUM DEVELOPMENTA building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONSTRUCTION AND DEMOLITION (C&D) DEBRISUncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. Such waste includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids and pipe and metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than ten gallons in size and any containers having more than one inch of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of "construction and demolition debris" is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a department-approved C&D debris processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding. Also, waste contained in an illegal disposal site may be considered "C&D debris" if the New York State Department of Environmental Conservation and the Town determines that such waste is similar in nature and content to C&D debris.
CONVENIENCE STOREAny retail establishment offering for sale prepackaged food products, household items and goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. Convenience stores may also be associated with the sale of gasoline or fuel for the propulsion of motor vehicles.
CONVENTION CENTERA facility offering meeting rooms and/or exhibit areas providing support activities for those meeting rooms, such as food preparation and not including lodging.
CUL-DE-SACMinor street with one end open for public access and the other terminating in a vehicular turnaround.
DAY-CARE CENTERA site, building or place designed and/or operated to provide care and/or instruction on a daily/regular basis for four or more persons and operated on a regular basis for a fee.
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DEPARTMENTThe New York State Department of Environmental Conservation.
DESIGN MANUALThe New York State Stormwater Management Design Manual, most recent version, including applicable updates that serves as the official guide for stormwater management principles, methods and practices.
DESIGN STANDARDSA set of subjective standards and recommendations governing the physical form and appearance of development within the district to which they apply. Design standards are to be administered by the Zoning Board of Appeals and Planning Board and applied to development projects subject to their review.
DEVELOPERA person who undertakes land development activities.
DRY-CLEANING FACILITYAn establishment which provides washing, drying or dry-cleaning services, on site, where goods are dropped off for cleaning and picked up at a later date, not to include on-site facilities located in conjunction with an apartment complex or living community.
DUPLEXSee "dwelling, two-family."
DWELLINGA building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling," "dwelling unit" or "dwelling group" shall not be deemed to include a motel, rooming house, bed-and-breakfast or tourist home/cabin.
DWELLING GROUPA group of two or more dwellings occupying a lot in one ownership.
DWELLING, ONE-FAMILYA residential building containing not more than one dwelling unit surrounded by open space on the same lot and meets the provisions of the New York State Uniform Fire Prevention and Building Code, is on a permanent foundation and consisting of at least 750 square feet of living space, excluding an accessory building or use; see "dwelling unit."
DWELLING, SEASONALA dwelling not used for permanent residence and not occupied for more than six months in each year.
DWELLING, TWO-FAMILYA detached building containing two dwelling units only, having a common or party wall separating units, that meets the provisions of the New York State Uniform Fire Prevention and Building Code, is on a permanent foundation and consists of 1,500 square feet of living space, excluding an accessory building or use. This term is intended primarily for duplexes; see "dwelling unit."
DWELLING UNITA complete housekeeping facility consisting of sleeping, living, bathroom and kitchen facilities.
EASEMENTThe right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.
EDUCATIONAL INSTITUTION FACILITIESBuildings, facilities, and grounds serving educational institutions such as community colleges, technical schools, and universities, including but not limited to classrooms, administrative offices, student services, libraries, workspaces, multimedia studios, lounges, food service, clinics, and research space.
ELDERLYPersons 55 years of age or older.
ENCLOSED SHOPPING MALLAn enclosed retail shopping center containing at least 400,000 square feet of gross leasable area, including two or more retail spaces of at least 30,000 square feet.
EROSIONThe wearing away of the land surface by rain, flowing water, wind or other geological, mechanical or chemical agents.
EROSION CONTROL MANUALThe most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
EXTREME FLOOD CONTROL CRITERIARequires storage to attenuate the postdevelopment one-hundred-year, twenty-four-hour peak discharge rate to predevelopment rates. The intent of this criteria is to prevent the increased risk of flood damage from large storm events, maintain the boundaries of the predevelopment one-hundred-year floodplain, and protect the physical integrity of stormwater management practices.
FAMILYOne or more persons who live together as a single housekeeping unit and maintain a common household, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel. A "family" may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption, and may also include domestic servants or gratuitous guests.
FARMSee "agriculture use."
FARMLANDAny parcel which is used primarily for gain in the raising of an agricultural product.
FENCEAny material erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two contiguous pieces of land.
FIRING RANGEA facility either out of doors or within a building which is designed to accommodate the discharge of firearms and usually includes targets or skeet launchers.
FLOODPLAINAny land susceptible to being inundated by water from any source.
FLOODWAYThe channel or river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GABLEThe portion of the front or side of a building enclosed by or masking the end of a pitched roof.
GARAGE, PRIVATEAn enclosed space for the storage of one or more motor vehicles, provided that no business occupation or service is conducted for profit.
GARAGE, PUBLICAny 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.
GOLF AND COUNTRY CLUBSClubs catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes.
GOVERNING ZONERefers to the requirements of the zone in which a planned unit development application is being made, as indicated on the current Town of Wilton Zoning Map. If that zone does not allow residential uses, the "governing zone" shall refer to the single-family requirements of the zone in closest proximity which allows residential uses. If that zone does not allow commercial/industrial uses, the "governing zone" shall refer to the commercial/industrial uses of the zone in closest proximity which allows commercial/industrial uses.
GRADEThe average finished ground level of the land around a structure/building.
GRADINGExcavation or fill of material, including the resulting conditions thereof.
GREENHOUSE, COMMERCIALA building in excess of 300 square feet whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment.
GREENHOUSE, PRIVATEA structure whose roof and sides are made largely of glass or other transparent or translucent material and used for personal enjoyment and whose area is 300 square feet or less.
GREEN SPACEPercentage of a lot or subdivision identified on the approved plan to remain undeveloped.
GROSS LEASABLE AREAThe total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
HEALTH CLUBIncludes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments.
HEALTH-RELATED FACILITYA building or site used for the treatment of illness, disease, injury, deformity and other physical or mental condition, including rehabilitation activities, and which is operated by individuals in the health industry licensed by the State of New York.
HEALTH SERVICESEstablishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories; outpatient care facilities, rehabilitation services, blood banks, and oxygen and miscellaneous types of medical supplies and services.
HEIGHTThe vertical distance from average grade level to highest point of structure, excluding antennas.
HOME OCCUPATIONAn occupation for gain or support which is conducted by members of a family residing on the premises and conducted entirely within the existing structures and which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof.
HOMEOWNERS' ASSOCIATIONA private nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties or facilities.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL, MOTEL, INN or TOURIST CABINAn establishment containing lodging accommodations designed for use by transients or temporary guests, excluding bed-and-breakfast facility.
HOUSEHOLD PETSAnimals that are customarily kept for personal use or enjoyment within the home. "Household pets" shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds and rodents.
IMPERVIOUS COVERThose surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDEPENDENT LIVING COMMUNITYA structure or structures in which residential units have an individual kitchen and bathroom, with the option of at least one meal per day plus where one or more of the following services are provided to the residents in the community in common facilities on site: laundry, security and housekeeping.
INDOOR-OUTDOOR RECREATIONAL FACILITIESParcels, buildings and/or equipment primarily utilized for leisure-time or sport-related activities, including, but not limited to, miniature golf courses, driving ranges, bowling alleys, and private businesses based on providing a recreational activity.
INDUSTRIAL STORMWATER PERMITA State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INDUSTRY, LIGHTA use engaged in the production, from previously prepared materials, of finished products or parts, including the processing, fabrication, assembly, packaging, incidental storage, sales and distribution of such products, but excluding any basic industrial processing utilizing any raw materials.
INFILTRATIONThe process of percolating stormwater into the subsoil.
IN-LAW APARTMENTA second dwelling unit located in an existing single-family detached dwelling for use as a complete, independent living facility with provision within the in-law apartment for cooking, eating, sanitation and sleeping.
INTEGRATIONInterconnection of utilities, roads and open space/recreation, as well as siting and design compatibility.
JUNKGoods that are so worn, deteriorated or obsolete as to make them unusable for their original purpose in their existing condition, but are subject to being dismantled, including but not limited to used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, appliances, fixtures, utensils, used boxes or crates, other lumber, used pipe or pipe fittings and used tires.
JUNKYARDA lot, land or structure or part thereof used for the collecting storage and sale of wastepaper, rags, scrap metal or discarded material; or the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
KENNELAn establishment housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
KITCHENA room or place for the preparation and cooking of food.
LAND CLEARINGThe excavation, cutting, removal, alteration, destruction or clearing of perennial or annual vegetation, including trees, or the disturbance of soil.
LAND DEVELOPMENT ACTIVITYConstruction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNERThe legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LAUNDROMATAn establishment providing washing and/or drying on the premises for rental use to the general public for family laundering.
LIBRARYA place in which literary, musical, artistic or reference materials are kept for public use but not for sale.
LINTELA horizontal beam over an opening in a masonry wall, either structural or decorative.
LODGING HOUSEA building in which at least four but not more than 10 sleeping rooms are offered for rent and in which no meals are furnished.
LOTA portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same.
LOT, CORNERA lot or parcel of land abutting two or more streets at their intersection or two parts of the same street forming an interior angle of less than 135°.
LOT COVERAGEThe lot area or percentage of lot area covered by buildings or structures, including accessory buildings or structures, or the percentage of the area of the lot covered by a building or buildings.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT FRONTAGEThe length of the front lot line measured at the street right-of-way.
LOT LINEAny line dividing one lot from another.
LOT LINE, FRONTThe line of record bounding a lot, which divides one lot from another lot or from a public or private street or any other public space.
LOT, SUBSTANDARDA lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located and provided that such lot or parcel was of record as a legally created lot on the effective date of this chapter.
LOT WIDTHThe horizontal distance between side lot lines, measured at the required setback line.
MAINTENANCE AGREEMENTA legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MANUFACTURED HOMEA factory manufactured unit built on or after June 15, 1976, and conforming to the requirements of HUD Manufactured home construction and safety standards, 24 CFR part
3280, 4/1/93, transportable in one or more sections which in the traveling mode is eight feet or more in width, 40 or more feet in length or, where erected on site is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
MAXIMUM BUILDING HEIGHTThe dimensions between the average grade level at a point contiguous to the building or structure and the highest point of the building or structure and/or accessories thereto.
MIXED USEThe development of a tract of land or building or structure with two or more different uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact form.
MOBILE HOME LOTA site of specific total land area which is located within a mobile home park for the accommodations of one mobile home and its occupants.
MOBILE HOME PARKAny parcel of land which is planned and improved for the placement of two or more mobile homes.
MOBILE HOME STANDA durable surface located on a mobile home lot which is to be used for the placement of and capable of supporting a mobile home.
MODULAR DWELLINGA housing unit constructed off-site consisting of more than one segment and designed to be permanently anchored to a foundation, to become a fixed part of the real estate, and which meet all standards of the New York Building Code.
MUSEUMAn institution devoted to the procurement, care, study and display of objects of interest or value.
NET BUILDABLE AREAThe portion of buildable land which remains after the deduction of 20% of the buildable land for the provision of roadways and utilities.
NONCONFORMING USEA building, structure or land lawfully occupied by a use that does not conform to the use regulations of the zoning district in which it is situated, in existence prior to enactment of this chapter.
NONPOINT SOURCE POLLUTIONPollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY/GARDEN CENTERAny land used for growing or stocking of plants, trees and/or shrubs for sale or transplanting.
NURSING OR CONVALESCENT HOMEAny dwelling used for the accommodation and care of persons with an illness or persons recuperating from illness or incapacity, where nursing services are furnished.
OFFICE USEAny use of a primarily clerical or professional nature, such as but not limited to insurance, government, real estate, legal or medical services.
OPEN SPACEAn area of land not developed with residential, industrial or commercial structures and used for recreation, agriculture or forestry or left in its natural state.
OPEN SPACE SUBDIVISIONFor the purposes of this chapter, "open space subdivisions" can be defined in two ways:
A. CONSERVATION SUBDIVISIONConservation subdivisions are characterized by common open space and clustered compact lots. The purpose of a conservation subdivision is to protect farmland, open space and natural resources while allowing for the maximum number of residential lots under current community zoning and subdivision regulations.
OUTDOOR SALESSidewalk sales, tent sales or other temporary sales activities which are accessory to a principal commercial use where displays and/or sales do not occur within a principal or accessory building.
OUTDOOR STORAGEThe keeping of any goods, junk material, merchandise or vehicles in the same place for more than 48 hours in any portion of a lot outside of a walled and roofed structure.
OVERBANK FLOOD CONTROLRequires storage to attenuate the postdevelopment one-hundred-year, twenty-four-hour peak discharge rate to predevelopment rates. The primary purpose of this sizing criteria is to prevent an increase in the frequency and magnitude of out-of-bank flooding generated by urban development.
PARKAny public or private land available for recreational, education, cultural or aesthetic use.
PARKSLand used for recreational purposes, including, but not limited to, nature trails and playing fields, where a fee for use is not charged.
PARKING SPACEAn off-street area available for the parking of one motor vehicle and having an area of not less than 162 square feet (nine feet by 18 feet).
PARKING SPACE, HANDICAPPEDParking spaces for disabled people shall be at least 108 inches wide and shall have adjacent access aisle 96 inches wide minimum. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle.
PASTURELand containing the proper vegetation for the purpose of feeding grazing animals, and containing no stumps.
PEDIMENTA low gable, typically triangular with a horizontal cornice and raking cornices, surmounting a colonnade, an end wall, or a major division of a facade.
PEEP SHOWSA theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure for which a fee is charged and which is not open to the public generally, but excludes any minor by reason of age.
PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
PERMITTED USEAny use requiring no special action by the Zoning Board of Appeals or site plan review by the Planning Board before a building permit is granted by the Zoning Officer and/or Building Inspector, subject to all other applicable provisions of this chapter.
PERSONAL SERVICE SHOPSShops where personal services are offered, such as but not limited to barbershops, shoe shine shops and beauty parlors.
PHASINGClearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PILASTERA column partially embedded in a wall, usually nonstructural.
PLACE OF PUBLIC ASSEMBLYPublic buildings, schools, halls, convention centers and other spaces and buildings where the general public may congregate, not including social clubs, sportsmen clubs or other private clubs.
PLANNED UNIT DEVELOPMENT (PUD)Land which is planned and developed by a single interest as a whole, in a single phase or in a programmed series of phases. A "PUD" may result in large open space areas, higher density in some sections of the tract of land, flexibility in architectural design and preservation of key natural features.
PLAYGROUNDA piece of land used for and normally equipped with facilities for recreation, especially by children.
PLOT PLAN (FOR BUILDING PERMIT)A plan prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
POLLUTANT OF CONCERNSediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PRINCIPAL USEThe main or primary purpose for which land or a structure is designed, arranged or intended or for which land or structures may be occupied or maintained under this chapter.
PRINTING AND PUBLISHING FACILITYAn establishment that provides duplicating services including photocopying, blueprint and offset printing, including collating of booklets and reports.
PROFESSIONAL SERVICEA service or profession that requires licensure or certification from the State of New York.
PUBLIC UTILITYA company of one or more persons or corporations or authorities operating an agency or agencies for public service, which may be subject to the jurisdiction, supervision and regulations of the New York State Public Service Commission. Not to include, for the purposes of this chapter, telecommunication towers which are defined separately.
RECHARGEThe replenishment of underground water reserves.
RECREATIONAL, ACTIVELands utilized for recreational pursuits that require the construction of facilities and amenities such as ball fields, playgrounds, tennis courts, swimming pools or other similar facilities.
RECREATIONAL, PASSIVELand left primarily undeveloped with the possible exceptions of trails, for such pursuits as hiking, bird-watching, cross-country skiing or other similar activities.
RECREATIONAL VEHICLE AND TENTING CAMPSITEA designated site of specific total land area which is planned and improved for the seasonal placement of two or more tents, shelters, recreational vehicles or other accommodations used for camping or recreational purposes only and which does not allow any unit to occupy the designated site for a period in excess of 30 days.
RECYCLABLES HANDLING AND RECOVERY FACILITYA solid waste processing facility, other than collection and transfer vehicles, at which nonputrescible recyclables are separated from the solid waste stream or at which previously separated nonputrescible recyclables are processed.
RESIDENTIAL UNITOne or more rooms providing sleeping facilities for the occupants thereof and which shall include provisions for cooking, living and sanitary facilities.
RESTAURANTAn establishment that serves food and beverages primarily to persons served on the premises. This includes cafes, tearooms and outdoor cafes.
RESTAURANT, FAST-FOODAn establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service or prepared, fried or griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
RESULTING PARCELAny parcel which is created by the division of an original parcel.
RETAIL BUSINESSThe offering, for a fee, of goods and merchandise, excluding restaurants, to the general public and where the providing of services is clearly incidental to the sale of such goods or merchandise.
RETAIL/WAREHOUSE STORESThe offering, for a fee, of goods and merchandise, in a warehouse-type setting, to the general public and where the providing of services is clearly incidental to the sale of such goods or merchandise.
ROADSIDE STANDA sales site, intended for the sale of agricultural products, for limited seasonal duration.
SAWMILLAny building, site or place used for cutting or milling of raw timber into dimensional lumber.
SCREENINGVarying methods of visually shielding or obscuring adjoining structures, buildings or uses by fencing, walls, earth berms, and/or densely planted vegetation.
SELF-SERVICE STORAGE FACILITYA building or group of buildings consisting of individual, self-contained units that are leased or owned for the storage of business and household goods or wares.
SENIOR CITIZEN HOUSINGUnits designed to provide housing and auxiliary services to senior citizens, as defined by state and federal standards.
SENIOR LIVING COMMUNITYAn assisted living community or an independent living community in which the premises, building or buildings provide congregate living arrangements in which at least one person occupying each residential unit meets the definition of elderly and in which all other occupants of each residential unit shall be an adult person.
SENSITIVE AREASCold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SERVICE ESTABLISHMENTA property primarily used for ceremonial, cultural, exhibit, fraternal, funereal, recreational, religious, meeting or social activities offered to the general public, regardless of whether or not a fee is charged; where the sale of any goods or merchandise is clearly incidental to the activity of the property.
SERVICE STATIONAny area of land, including structures, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing or repairing such motor vehicles.
SETBACKThe required minimum horizontal distance between the building line and the related front, side or rear property line.
SEWER DISPOSAL SYSTEMAny structure, pumping system and piping system which provides sewage disposal for more than one property.
SIDEWALK CAFEAn area adjacent to and directly in front of a street level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping planter boxes, or a combination thereof.
SIGNAny rigid material, structure or device or part thereof composed of a logo or lettered or pictorial matter or upon which a logo, lettered or pictorial matter is placed when used or located out-of-doors or outside or upon the exterior of any building.
SIGN, A-FRAME OR SANDWICHA specific type of mobile sign which is typically constructed or shaped in the form of the letter "A."
SIGN, ATTACHEDA sign painted on the outside of a building or affixed to and erected parallel to the face of the building and supported throughout its length by such building.
SIGN, BILLBOARD OR ADVERTISINGA sign or structure which directs attention to an idea or product, business activity, service or entertainment which is primarily conducted, sold or offered elsewhere than upon the premises on which sign is located or affixed.
SIGN, DETACHEDA sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
SIGN, ILLUMINATEDAny sign which emanates light, either by means of exposed tubing or lamps or other electric means on its surface or by means of illumination transmitted through the sign surface, or which reflects lights from a source intentionally directed upon it.
SIGN, OFF-SITEA sign which contains advertising which does not apply to premises or any use of premises wherein it is displayed or posted.
SIGN, PORTABLEAny sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle, that is used for the expressed purpose of advertising a business establishment, product, service or entertainment when said sign or vehicle is so placed as to attract the attention of the motoring or pedestrian traffic.
SIGN, TEMPORARYA display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations.
SILVICULTURAL PLANA brief narrative describing the intensity and age classes of trees to be removed (including their approximate percentage) and the time between thinning cycles.
SILVICULTUREAn ongoing practice involving the dedicated and cyclic use of land expressly for the production of timber or other forest-related products.
SOIL DISTURBING ACTIVITYAny activity which directly or indirectly changes the natural topography or vegetation cover of an area by excavation or clearing of trees, except silviculural activities.
SOIL EROSION AND SEDIMENT CONTROL PLANA plan which fully indicates the necessary land protection and structural measures, including a schedule of the timing of their installation, which shall effectively minimize soil erosion and sediment yields.
SPECIAL USEA use that would not be appropriate generally or without restrictions throughout the zoning district and may be subject to special requirements, different from those usual requirements for the district in which conditional use may be located.
SPECIAL USE PERMITA permit issued by the Zoning Board of Appeals, Planning Board or Town Board authorizing the commencement of a particular special use.
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
STABLE, PRIVATEAn accessory building in which horses are kept for private use and not for remuneration, hire or sale.
STABLE, PUBLICAn accessory building in which horses are kept for commercial, use including training, teaching, boarding, hire and sale.
STOP-WORK ORDERAn order issued which requires that all construction activity on a site be stopped.
STORAGE SHEDAn accessory building used to store materials or small equipment, not including vehicles, which supports the principal use of the site.
STORM DRAINAGE SYSTEMAll structural works and grounds alterations, as well as natural drainage patterns, which affect or regulate the flow of surface drainage, including those used to intercept, collect and transmit water or to discharge water above or below ground level.
STORMWATERRainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOTA land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENTThe use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITYOne or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICERAn employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. Plan reviews and site inspections may be delegated to a consultant paid for by the applicant; however, the final approval must be made by a municipal employee or board member.
STORMWATER MANAGEMENT PRACTICES (SMPs)Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORYThat 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. A basement shall be counted as a "story" if its ceiling is over six feet above average level of the finished grade adjoining the exterior walls of such story or if it is used for business or dwelling purposes.
STREAM CHANNEL PROTECTION VOLUMEDesigned to protect stream channels from erosion by providing twenty-four-hour extended detention of the one-year, twenty-four-hour storm event.
STREETA public or private road which affords the principal means of access to abutting properties.
STRUCTUREAnything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on or in the ground, other than public utility systems, for local distribution, located within a public right-of-way.
SURFACE WATERS OF THE STATE OF NEW YORKLakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste-treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
SWIMMING POOLAny artificial pool or structure intended for bathing or swimming purposes, made of concrete, masonry, metal or other impervious material, over 12 inches in depth, and shall include both aboveground and in-ground pools.
TAVERNAny premises wherein alcoholic beverages are sold at retail for consumption on the premises. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25% of the gross receipts.
TAXI DISPATCH FACILITYAn establishment for the storage of taxicabs or similar vehicles in conjunction with an office space used as a central facility for the dispatch of the vehicles.
TELECOMMUNICATION TOWERAny structure greater than 35 feet in height, which is capable of receiving and/or transmitting signals (for the purpose of communication).
TEMPORARY MERCHANTA merchant or vendor who chooses a specific location within the Town upon which to erect or park a cart, tent, wagon, truck or stand from which to engage in merchandising, with the intent to return to the same location each day. This category shall include temporary, off-premises roadside stands established for the purpose of selling vegetables, fruit or other farm products; food wagons; Christmas trees; and any nonperishable goods. A "temporary merchant" shall not have a vested interested in the location and shall have written permission from the owner(s) of the location to conduct the sale of the intended products.
TIMBER HARVESTINGCommercial harvesting of merchantable trees on more than one acre of land.
TOURIST HOMEA dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TOWNHOUSEA single-family dwelling unit attached to another similar dwelling unit, utilizing common open space and parking.
TRANSFER STATIONA solid waste management facility other than a recyclables handling and recovery facility, used oil facility or a construction and demolition debris processing facility, where solid waste is received for the purpose of subsequent transfer to another solid waste management facility for future processing, treating, transfer or disposal. Transfer of solid waste from vehicle to vehicle for the purpose of consolidating loads, as part of the initial collection process, is not considered a "transfer station," provided that the transfer activity occurs along the collection route where the point of transfer changes from day to day. Transfer of leakproof, closed modular containers of solid waste from vehicle to vehicle, including truck to train, for the purpose of consolidating loads for shipment to an authorized disposal or treatment facility is not considered a "transfer station," provided that the contents of each container remain in its closed container during the transfer between vehicles; storage remains incidental to transport at the location where the containers are consolidated; containers are acceptable to the New York State Department of Environmental Conservation and maintained in a safe, nuisance-free (e.g., dust, odor, noise, etc.) manner; and the transfer location is under the ownership or control of the transporter.
TRANSIENT RESIDENCEHotels, motels, inns, tourist cabins and similar multiple dwellings (excluding mobile home parks) intended to provide lodging for transients on a temporary basis.
TRANSPORTATION FACILITYAn establishment which transports goods/products from one location to another by dispatching from a central location to haul goods/products from one location to another or to many other locations. A transportation facility may also include accessory uses including but not limited to an office, maintenance and repair of vehicles.
TRUCK STOPAny building, premises or land in which or upon which a business, service, or industry involving the maintenance, servicing or storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities solely for the use of truck crews.
TRUCK TERMINALLand and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITY STRUCTURESFacilities, such as but not limited to electric lines and poles, gas mains, water mains, sewer and communication lines, not including, however, high-voltage transmission lines and poles.
UTILITY SUBSTATIONA subsidiary station such as but not limited to electric, gas, water, sewer and communication.
VARIANCE, AREAA modification of the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping or signs) to authorize, on a specific lot, a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.
VARIANCE, USEA modification of the use regulations to allow the establishment, on a specific lot, of a use otherwise prohibited in the district.
WAREHOUSEA building used primarily for the storage and distribution of manufactured products, supplies, food and equipment.
WAREHOUSING AND DISTRIBUTIONA use engaged in, but not limited to, storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding explosives or bulk storage of materials that create hazardous or commonly recognized offensive conditions.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATER QUALITY VOLUMEA calculated volume of water designed to improve water quality sizing to capture and treat 90% of the average annual stormwater runoff volume.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.
WETLANDAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that under normal circumstances does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." Note: Certain areas may be classified as designated wetlands by state and federal agencies.
WHOLESALE TRADEEstablishments or places of business primarily engaged in selling merchandise to retailers, industries, commercial institutions 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.
WOODWORKING SHOPA shop where woodworking activities are carried out, including construction, repair, refinishing of furniture and decorative woodcrafts. Showrooms are prohibited.
YARDAn open, unoccupied space on the same lot with a main building. The depth, for front or rear yards, or width, for side yards, shall be measured as the least distance between nearest covered portion of the building and the property line or right-of-way, whichever is shorter.
YARD, FRONTThe required open space extending along the street line of any street on which the lot abuts.
YARD, REARThe required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
YARD, SIDEThe required open space extending along the side lot line from the front yard to the rear yard.
ZONEA mapped area to which a uniform set of regulations applies.
ZONING OFFICERAn individual responsible for overseeing and coordinating the administration of the Zoning Ordinance and Subdivision Regulations.