A use incidental and subordinate to the principal use of a building or farm on the same lot and serving a purpose customarily incidental to the use of the principal building or farm.

A facility in which agricultural products, which are not produced on the premises, are graded, sorted, and/or packaged for the purpose of distribution by truck, rail, or other means.

A facility in which agricultural products which are not produced on the premises are altered for the purpose of canning, freezing, or other packaging, or are converted or incorporated into other products.

The use of land for agricultural production purposes, including, tilling of the soil, dairying, pasture, animal and poultry husbandry, apiculture, arboriculture, horticulture, floriculture, viticulture, and accessory uses for cleaning, packing, and storing of products for marketing of crops and other agricultural products, provided that the operation of any such accessory uses shall be secondary to that of the principal agricultural production activities located on the same commonly owned or controlled parcel or farm operation. Agriculture and agricultural activities shall not include manufacturing products from raw materials, food processing, and machining.

Any area of land designed for the operation of general aviation aircraft, including hangars for storage and servicing, taxiways, landing strips and accessory uses.

An airport, as defined above, used solely for the benefit of the landowner and for emergency landing when necessary. For the purpose of this chapter, private airports shall meet the same regulations as airports.

As applied to a building or structure:

Any indoor place or enclosure in which is maintained or operated for the amusement, patronage, or recreation of the public three or more coin-controlled amusement devices, including the type commonly known as "bagatelle," baseball, football, pinball, and video games.

The premises or buildings used for the diagnosis, treatment or other care of the ailments of domesticated, household or farm animals, which may include related facilities, such as laboratories, offices and temporary quarters for such animals.

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 ducks, chickens, rabbits, geese, quail, chinchillas, mink, or any similar small animals, but not including dogs and cats. Such uses include the pasturing, feeding, and sheltering of such animals.

The equivalent of 1,000 pounds of farm animal.

A system of electrical conductors that transmit or receive electronic frequency signals. Such signals shall include, but not be limited to radio, television, cellular, paging, and personal communication services (PCS).

A dwelling unit within a two-family or multifamily dwelling that is intended to be leased or rented. This term shall not be deemed to include a motel, hotel, boardinghouse or travel trailer.

The dismantling or disassembling of used motor vehicles, mobile homes or manufactured housing; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Store for retail sales of live bait, fishing equipment and small fishing accessories.

A single-family dwelling where overnight lodging, with or without the service of meals, is offered to transient guests for compensation. Such use shall be clearly incidental and secondary to the principal use of the dwelling. This term includes hostels and tourist home establishments, but does not include hotels, tourist courts, motor lodges, tourist cabins or similar terms.

A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, designed to provide a physical screen to limit visibility between uses and reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.

Any structure that is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals, or property.

The codes of New York State, which govern building construction, renovation and property maintenance.

The percent of building coverage of any lot shall be equal to 100 times the ratio of the gross horizontal area of all principal and accessory buildings that have roofs on them (including covered breezeways, covered porches, covered cantilevered structures, etc.) measured from the exterior faces of the exterior walls, but shall not include any structure (such as a patio or deck) that does not have a roof, divided by the horizontal area of the lot.

The vertical distance measured from the mean level of the ground surrounding the structure to the highest point of the structure, but not including chimneys, spires, tanks, and similar projections.

A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch. The vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building lines.

A document issued by the Code Enforcement Officer authorizing the construction and occupancy of structures in accordance with the Codes of New York State.

A building in which is conducted the main or principal use of the lot on which said building is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.

Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes offices, recreational and amusement enterprises and any operation where the above-described activities are conducted in return for remuneration of any type. For the purpose of this chapter, "business" shall have the same meaning as "commercial," and reference to commercial districts or zones shall be interpreted as referring to business districts.

A traffic-generating facility where a product is sold or a service performed for customers while they are in or near their motor vehicles in off-street parking or service areas. This term includes convenience stores, drive-in banking, restaurant, fast food service, drive-in photo processing, drive-in outdoor theaters, auto washes or similar use. This term shall not include retail gasoline services.

Any establishment engaged in the sale of goods or services not otherwise identified in this section.

Small commercial establishments, containing less than 10,000 square feet in gross floor area, catering primarily to nearby residential areas or tourists and providing convenience and/or specialty goods and services, including but not limited to grocery stores, gift shops, drugstores, beauty salons, barbershops, carryout dry cleaning and laundry pickup stations.

A commercial activity designed for and primarily characterized by the on-premises sale of goods directly to the ultimate individual and household consumer, but also including servicing, preparation, storage and wholesale business transactions related to such goods and customarily associated therewith but clearly incidental thereto. This term shall not include commercial activity which may also be similarly characterized, but which is separately identified as a use permitted within a zoning district.

A business primarily involved in the provision of services, rather than goods, to other businesses or to the general public. This term shall not include any service activity which may also be similarly characterized, but which is separately identified as a use permitted within a zoning district.

A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes and the motor vehicles propelling or carrying the same, but excluding mobile homes or manufactured housing designed for year-round occupancy or as a place of residence.

See "recreational vehicle."

A structure or building designed for the washing, waxing, or similar treatment of automotive vehicles as its principal function. A gas station having portable washing equipment shall not be deemed to be a car wash where such is an accessory service to the principal service of the gas station.

A roofed structure without enclosing walls, used for the storage of one or more vehicles.

A tract of land for the disposal or burial of deceased human beings or remains in a grave, mausoleum, vault, columbarium or other receptacle. The provisions of this chapter shall apply to all cemeteries and burial grounds, including those owned by a religious corporation, municipal corporation, or a cemetery corporation owning a cemetery operated, supervised or controlled by or in connection with a religious corporation.

A certificate issued by the Code Enforcement Officer upon completion of the change in use of an existing building or upon the completion of a project requiring site plan approval. Said certificate shall acknowledge compliance with all requirements of the Town's Code, ordinances, local laws, variances and special permits in existence as of the date of the issuance of the certificate of compliance.

A certificate issued by the Code Enforcement Officer upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Codes of New York State.

A waterfront facility having docks and moorings for small boats, where engagement of services include a boat, crew, and captain for a fee, or other remuneration.

See "place of worship."

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.

Any organization catering to members and their guests, or a building or premises used for recreational, general, social, or athletic purposes not open to the general public. Clubs shall not be conducted primarily for gain, and vending stands, merchandising, or commercial activities shall not be conducted except as required for the membership and purposes of such club. For the purpose of this chapter, this term shall include religious organizations; lodges; fraternal organizations; mutual benefit societies; snowmobiling, archery or hunting clubs; and other similar organizations.

A development of residential lots, some of which may contain less area than the minimum lot area required for the zone within which such development occurs, while maintaining the density limitation imposed by said minimum lot area through the provision of open space as part of the site development plan.

The official designated to administer and enforce this chapter by granting or denying development permits in accordance with its provisions.

Includes the purchase, sale or any other transaction involving the handling, servicing or disposition of any article, substance or commodity, tangible or intangible, and includes retail or wholesale trade, services, offices, recreational and amusement enterprises and any operation where the above-described activities are conducted in return for remuneration of any type.[2]

Every type of motor vehicle driven or used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, motor coaches carrying passengers, and trailers and semi-trailers, including tractors when used in combination with trailers and semi-trailers.

Space reserved for use by any and all residents of a housing development including, but not limited to, halls, stairways and landings in apartment houses.

See "telecommunications facility."

Grounds or facilities used or designed for use by the public or for groups for meetings, conferences or recreational purposes. This definition shall not include membership clubs or public parks and playgrounds, as defined under "public and semipublic buildings and grounds."

A retail store containing less than 3,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and household supplies to customers who purchase relatively few items. Such an establishment may include the sale of prepared foods, such as sandwiches, soups, ice cream, etc. for consumption on or off the premises and may include indoor seating for such purposes. A convenience store shall meet all of the requirements for a gas station if it includes the retail sale of gasoline or other vehicular fuels.

See "lot, corner."

The Planning Board of the County of Orleans.

That percentage of the plot or land area covered by the building area.

The opening along a street at which point vehicles may enter or leave the roadway.

A program or facility which is not a residence in which child dare care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise.

A residence in which child day care is provided on a regular basis for more than three hours per day per child for three to six children for compensation or otherwise.

A residence in which child day care is provided on a regular basis for more than three hours per day per child for seven to 12 children for compensation or otherwise.

The care for a child on a regular basis provided away form the child's residence for less than 24 house per day by someone other than the parent, step-parent, guardian or relative within the third degree of consanguinity of the parents or step-parents of such child.

The New York State Department of Environmental Conservation (NYS DEC)

The New York State Department of Health and any other health board or department established pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Town.

Any change made to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance to farm roads.

A truck terminal facility at which any storage of goods or chattels is minor, transitory and merely incidental to the purpose of facilitating the transportation of goods or chattels.

Any member of the species Canis familiaris, regardless of age, sex or breed. (As defined by NYS Department of Agriculture and Markets.)

See "business, drive-in."

A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a driveway.

Any building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons.

One room or rooms connected together for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, designed for occupancy by one family.

A specified (limited) use of private land for a public or quasi-public purpose.

A multiple-dwelling unit in which the sleeping area and living room are one.

Erection, construction, alteration, operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities, but shall not include telecommunications facilities as defined herein, and shall not include wind energy facilities (including infrastructure supporting wind energy facilities), landfills, waste transfer stations or other facilities with the primary purpose of handling or disposing of household or industrial waste.

A lot or land or part thereof used for the purposes of extracting stone, sand, or gravel for sale, as an industrial or commercial operation, but does not include the process of grading a lot preparatory to the construction of a building which has an approved zoning permit.

One or more persons, usually but not necessarily related by blood, marriage or adoption, living together as a single, not-for-profit housekeeping unit.

See "day care, home (family)."

See "agriculture."

Includes horses, cows, goats, sheep, pigs, rabbits, fowls, llamas, and other similar animals.

Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm as defined herein.

A structure with more than 120 square feet of gross floor area intended for the display and sale of farm produce and other agricultural products or crafts.

Retail outlet, consisting of nonpermanent structures (movable and temporary), for the sale of agricultural products grown principally by the operator during the harvest season. (See also "farm market.")

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. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other, if there is common ownership or control of the parcels. Off-farm labor, including grading, sorting, and/ or packing of agricultural products, may be part of a farm operation only if such off-farm labor handles at least 51% of agricultural products that come from that same farm operation's own production and preparation of crops.

Any structure or combination of structures, building or buildings in which farm workers are housed on a farmer's own land, whether owned or under his or her control by a valid and existing lease. At least 51% of the farm workers living in the farm worker housing, at any given time, must be employed by or used more than 51% of the time by the farm operation where the farm worker housing is located. Farm operations may house their farm workers at the farm worker housing of a different farm operation so long as at least 51% of the farm workers living in that farm worker housing, at any time, are working at least 51% of the time for the farm operation where the farm worker housing is located.

Any person who 1) spends at least thirty or more hours per week engaged in a farm operation' s agricultural activities; 2) earns most of his or her income from a farm operation's agricultural activities; 3) is employed and used at more than 51% of the time by the same farm operation; and 4) is not an immediate family member of the farmer. Workers who predominantly perform work related to the manufacturing products from raw materials, food processing, and machining, are excluded from this definition.

Any person who grosses an income of $10,000 from agriculture and who files a Schedule F, IRS Farm Income Form, with their federal tax return.

A barrier, as of wooden or metal posts, rails, wire mesh, etc., used as a boundary, decorative enclosure, means of protection or confinement.

Any barrier, fencing, screening or buffering that specifically meets the needs of agricultural land use.

A type of lot (commonly flag-shaped in configuration) in which street frontage is provided by a strip of land which is narrow in relation to the remainder of the lot and which extends from the main body of the lot to the street. A lot which does not physically front on or abut a street, but which has access to a street by means of an easement over other property, shall be deemed to be included in this definition. The portion of the lot that provides access to the interior portion of the lot shall not be less than 20 feet in width, shall not be considered buildable and shall not be used in the calculation of the minimum lot area requirements for the zone district. The interior portion of the lot shall meet the minimum lot area requirements for the zone district.

Areas subject to a 1% or greater chance of flooding in any given year as shown on the FEMA Flood Insurance Rate Map. Refer to Chapter 139, Flood Damage Prevention.

The sum of the gross horizontal areas of the floor(s) of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses or dwelling units.

The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business, as defined in the Codes of New York.

All of the property abutting one side of a road, street, or thoroughfare, measured along the road, street or thoroughfare line.

Premises used for the storage of fuel oil, kerosene or other combustible fuel in tanks for the sale by motor vehicle or other means of conveyance to purchasers at some other location, and excluding gasoline storage tanks used at gasoline stations for retail sales or tanks used by individuals when fuel is not sold.

A building or portion thereof, with or without an accessory dwelling unit, used principally for preparing cadavers for interment, including embalming, holding wakes or conducting funeral services. The term shall include a mortuary, but shall not include a crematorium.

An accessory building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit. A garage cannot serve as the principal use on any lot.

Any garage other than a private garage, operated for gain, available on a rental basis for the storage of motor vehicles, recreational vehicles, boats or other tangible personal property.

Any building, land area or other premises or portion thereof used or intended to be used primarily for the retail dispensing or sales of vehicular fuels and which may include, as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories. A convenience store shall meet all of the requirements of a gasoline station if it includes the retail sales of gasoline or other vehicular fuels.

See "extraction of stone and other mining operation."

Land areas covered only by grass, trees or other vegetation.

Minimum three inches of asphalt, four inches of concrete or six inches of crushed stone.

Any area in the Town identified as a site of historical or cultural significance with certain rules and regulations governing both land and structures therein.

An accessory use, other than a "home occupation" as defined herein, that is conducted within a single-family, occupied dwelling or an attached or detached accessory structure (including a barn) for gainful employment and involves the manufacture, provision or sale of goods and/or services principally on the premises.

Any occupation or profession conducted as an accessory use entirely within a dwelling or accessory building by the occupants of the dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. By definition, a home occupation involves no client or customer visits to the dwelling, is not evident by observation from the street or any of the adjoining properties, and meets all of the criteria specified in § 240-60 of this chapter. (see also "home business.")

An institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units for transient occupants. A restaurant, tearoom, or similar establishment located on the same premises as a hotel or motel shall be considered an accessory use. The term "hotel or motel" includes, but is not limited to, the following:

A facility, whether open to the public or limited to members of a group, which offers such activities as game hunting, fishing, trap or skeet shooting, target shooting, target practice, game farms, and related uses such as assembly halls or sales of bait or equipment. The term includes rod and gun clubs and sportsmen's clubs.

A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but exclusive of basic industrial processing and storage of flammable or toxic materials. "Light industry" is also exclusive of uses that require heavy, noisy or otherwise objectionable disturbances, such as vibration, dust and odors.

A lot, land or structure or part thereof used for the collection, storage, disassembly, packing, sorting, salvage, buying, selling or exchange of wastepaper, rags, scrap, or discarded materials or machinery, or parts of any sort. More than two abandoned, unregistered, disabled, dismantled, or partly dismantled vehicles, or pieces of equipment, allowed to remain unhoused on a premises for a period of more than 30 days shall constitute a junkyard. Also, the unhoused storage, sale, or abandonment of wastepaper, rags, scrap metal, discarded materials, or the collecting, dismantling, storage, salvaging or abandonment of machinery, appliances or vehicles not in operating condition shall constitute a junkyard. Automobile junkyards as defined in § 136 of the General Municipal Law shall be included within this definition.

Any premises, and/or structure in or on which four or more dogs, or 10 or more cats or a comparable number of other domestic animals which may be considered to be household pets of at least four months of age, are housed and maintained for commercial or noncommercial purposes for a continuous period of 24 hours or more. A kennel is a separate dwelling and/or building and not part of a residence occupied by a person or human

Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.

The area along the Town's Lake Ontario Coastline to the north, boundary line with the Town of Somerset to the west, the boundary line with the Town of Carlton on the east and the Lakeshore Road to the south; the property known as the "Morrison site" and the Johnson Creek floodplain upstream to the Woodworth Road. This area is defined on the maps that are included in the Town's Local Waterfront Development Policy (LWDP).

A parcel or area of land, the dimensions and extent of which are determined by the latest official records or recordings.

The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.

The mean distance from the right-of-way line of the street to the rear lot line measured in the general direction of the side lines of the lot.

The linear distance along a lot line which adjoins the road or highway which provides access to the lot.

The property lines bounding the lot:

A parcel of land properly recorded with the County Clerk and assigned a unique tax parcel identification number at the time of passage of this chapter.

The width of the lot between side lot lines at the front building line as prescribed by the front yard and setback regulations.

A factory-manufactured home, built on a permanent steel-framed chassis in accordance with federal Department of Housing and Urban Development (HUD) standards and designed to be transported to a site in one section, which is intended to be used as permanent living quarters by a single family unit when connected to the required plumbing, heating and electrical utilities. For the purpose of this chapter, the removal of transport wheels and/or the anchoring of the home to a permanent foundation shall not remove it from this definition. A "single-wide manufactured home" is a manufactured home with a width at its narrowest dimension of less than 20 feet.

Any site, lot, field, plot, parcel or tract of land on which two or more manufactured homes are parked or located and are occupied or intended for occupancy on the premises, and for which either the said premises or manufactured home is offered to the public for a fee of any type, including cost sharing. This includes the rental of the premises and/or the manufactured homes.

A facility constructed as an accessory use to an animal husbandry use, riding stable, or kennel, intended to collect, hold, process, store, treat, or distribute animal solid and liquid waste. Included within this definition are storage tanks, lagoons, seepage pits, drains, and collection systems intended to handle animal waste. Not included within this definition are systems designed and constructed to handle human waste.

A lot, building, structure, pier, dock or portion thereof located with shoreline frontage and access to navigable water and used for the launching, mooring, rental, sale, fueling and/or repair of watercraft and including such boat storage, boat launch facilities, and such sales of bait, tackle and marine supplies as may be accessory to such marinas. The term "marina" shall include "yacht club," but shall exclude non-commercial facilities that are accessory to a single or two-family residence.

A facility or institution, whether public or private, where medical or dental care is furnished to persons on an outpatient basis by one or more doctors or dentists; a place for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention but who are not provided with board or room or kept overnight on the premises; a facility for human ailments operated by a group of physicians, dentists, chiropractors or other licensed practitioners for the treatment and examination of outpatients.

The use of an area of land to remove minerals, metals or other items of value from the ground for a profit, including gas and oil wells.

A factory-manufactured dwelling having no permanent support frame and designed to be transported to a site in one or more sections for erection, construction, or installation as a permanent structure. Modular homes shall be affixed to a permanent site-built foundation and shall meet the requirements of the Codes of New York State. For the purposes of this chapter, modular homes shall be regulated as a dwelling.[3]

Any vehicle designed to be propelled or drawn by power other than muscle power, except electrically driven wheelchairs being operated or driven by an invalid. This term shall include automobiles, trucks, buses, motorcycles, tractor-trailers, boats, motor homes, snowmobiles, all-terrain vehicles and garden and lawn tractors.

A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles for compensation.

Any area of land, including structures thereon, the principal use of which is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers, boats, recreational vehicles or other vehicles, and which may or may not include the repair of vehicles as an accessory use. Enclosed showrooms and open display areas are included in this definition. The sale of motor fuels is not included in this definition.

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.

A building, structure, or use of land which was lawfully existing prior to the adoption or amendment of this chapter, but which fails to conform to the regulations of the zoning district in which it is now located by reason of such adoption or amendment.

A lot of record existing at the date of the enactment of this chapter which does not have the minimum width, depth or area for the district in which it is located.

A structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital.

A building in which office use comprises more than 50% of the total floor area. This does not include home occupations, where offices are a secondary or incidental use.

An unenclosed area used for temporary or seasonal storage of vehicles, materials, building supplies, stock, or supplies for later use in conjunction with a permitted principal use, accessory use, or special permitted use.

Outdoor recreation facilities or other entertainment facilities operated as a nonprofit enterprise by the Town of Yates, any other governmental entity or any nonprofit organization and open to the general public.

Outdoor recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

Space available for the parking of one motor vehicle and having an area of not less than 200 square feet (10 feet by 20 feet), exclusive of passageways and driveways providing access thereto.

An off-street area with an appropriate means of vehicular access to a street, intended for the temporary storage of vehicles.

The rate in minutes per inch as determined by following the test procedure as set forth in the most recent edition of the New York State Waste Treatment Handbook as published by the New York State Department of Health. Said percolation rates must be obtained from the area of the site on which a septic system leach bed is intended to be constructed, or would normally be constructed. For the determination of minimum lot sizes in accordance with this chapter, such percolation tests must be taken in native soil.

A land use listed in the zoning district regulations of this chapter as permitted.

See "amusement center."

Any church, synagogue, temple mosque or similar structure used for worship or religious instruction including social and administrative rooms accessory thereto.

The Planning Board of the Town of Yates.

Any artificially constructed body of water less than 1.0 acre in surface area.

Any artificially constructed body of water greater than 1.0 acre in surface area whose use is to enhance the agricultural process, or for protection, conservation water supply, or flooding or drainage control.

A building in which is conducted the main or principal use of the lot on which said building is located.

The main or primary purpose for which a building, structure or lot is to be used.

A business for the printing of books, magazines or other publications, excluding retail sales of such products on the premises.

The office or place of business where professional services are offered and do not involve the sale of goods, or the keeping of a stock-in-trade. Professional offices include but are not limited to, medical doctors, dentists, attorneys, architects, engineers, planners, accountants, real estate brokers, insurance brokers, psychologists and chiropractors.

This definition is intended to include, but not be limited to, any one or more of the following uses, including grounds and accessory buildings necessary for their use:

Land developed by a private sponsor with facilities for passive recreation, e.g., trails and picnic areas, and/or with facilities for active outdoor individual or organized recreation, e.g., ball fields, tennis courts, swimming pools, ski trails, and ice-skating areas. This definition includes golf courses, hunting and/or fishing clubs, and open air theaters or drive-in theaters. This definition does not include arenas, stadia or other facilities for the accommodation of more than 200 spectators, campgrounds, or racetracks or other facilities featuring activities involving motorized vehicles.

A building, structure or portion thereof used principally for indoor recreation, sports or leisure activity, conducted as a commercial enterprise or otherwise as a principal use. The term includes, but is not limited to, billiard parlors, bowling halls, live or motion-picture theaters, amusement or video game centers, indoor sports facilities, gymnasiums, physical fitness centers, martial arts schools and dance schools. The term does not include adult entertainment establishments, special events facilities or indoor recreation as a community facility or as an accessory use for an institutional use, membership club or nonprofit organization.

A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic types are:

Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by this chapter. One reservoir space shall be 24 feet long and 10 feet wide.

The conversion of the use of a building from nonresidential to residential use or the structural alteration of an existing residential structure to increase the number of residential units in the structure.

Any establishment, however designated, at which food or drink is sold for consumption to patrons seated within an enclosed building or on the premises.

See "business, retail."

A horse stable used for the purpose of renting horses or ponies for rides, riding lessons, or for training of horses for specific purposes.

Land set aside for use as a street, alley, or other means of travel.

The line determining the street or highway limit of public ownership. For the purposes of this chapter, the right-of-way line and the street line shall have the same meaning.

See "farm produce stand."

A dwelling other than a hotel, motel or tourist home, where more than two persons are housed or lodged for hire with or without meals. A rooming house is distinguished from a bed-and-breakfast or tourist home in that it is designed to be occupied by longer term residents as opposed to overnight or weekly guests.

A combination of: an antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources; and a low noise amplifier whose purpose is to carry signals into the interior of a building, but shall not include a telecommunications facility as defined herein.

An institution or place of learning, including private, public and parochial facilities that provide a curriculum of elementary and secondary academic instruction, as well as higher education, including kindergartens; elementary, middle, junior and senior high schools; and two-year, four-year and advanced degree institutions. This definition shall not include day-care centers (nursery schools) or specialized, trade, professional or business schools as defined below.

A school giving regular instruction in trades or specialized skills, such as welding, hair dressing, cosmetology, or massage; or professional subjects, such as the dramatic or graphic arts, business, dancing, languages, music, or sciences; or business skills, such as computer programming, stenography and secretarial courses. For the purpose of this chapter, such schools shall be deemed to be commercial service establishments.

A restaurant which operates only seasonally. Included are coffee shops, lunch counters, and ice cream parlors.

See "Business, service."

The horizontal distance between the street line, rear or side lines of the lot and the front, rear or side lines of the building. For the purpose of measuring setbacks, the building shall include an enclosed porch, but shall not include any open porch, patio, deck or steps that are no higher than four feet above ground level. All measurements shall be made at right angles to or radially from the lot lines to the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."

A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.

The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street.

Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.

The support, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceed 30°, each side shall be considered a separate sign structure.

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

A review and approval process, conducted by the Planning Board, whereby Site Plans are reviewed utilizing criteria stated in this chapter.

Space open to the sun and clear of overhangs or shade.

Those uses that are specifically permitted in a given district only when conditioning criteria enumerated in this chapter are met.

Any building or group of buildings on a single parcel made of individual storage compartments, which are rented or leased to individuals or businesses for storage of nonhazardous materials, personal property and equipment.

The limit of the street width or highway right-of-way, whichever is greater.

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. For example, structures include buildings, manufactured homes, walls, fences, signs, sheds, billboards and poster panels, and/or similar construction types. For the purpose of regulating setbacks and other zoning requirements, a shed or other assembly of materials that is not a motor vehicle, is larger than 120 square feet in gross floor area and is placed on wheels or skids shall be included in the definition of "structure."

The division of a parcel of land into two or more parcels, which is subject to approval by the Town Planning Board pursuant to adopted subdivision regulations.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the assessed value of the structure either:

Any body of water, or receptacle for water, with a surface area less than 1,920 square feet having a capability of a depth of 24 inches or more at any point, used or capable to be used for swimming, bathing, or wading, and permanently installed or constructed either above or below ground.

Any establishment, licensed by the State of New York, that engages in the sale for on premise consumption of alcoholic and nonalcoholic beverage(s).

Any commercial equipment used in connection with the provision of wireless communication services, including cellular telephone services, personal communications services, radio and television broadcast communications and private radio communications services, and are regulated by the Federal Communications Commission, both in accordance with the Telecommunications Act of 1996 and other federal laws. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunication equipment and supporting masts, wires, structures, and buildings.

An activity or use conducted for a specified limited period of time, which may not otherwise be permitted by the provisions of this chapter not exceeding six months. This term shall include those uses incidental to construction projects, festival tents/refreshments stands, temporary real estate sales offices incidental to a subdivision project, and similar-type uses.

Uses and amenities including restrooms, snack bars, information areas, public cultural and recreational facilities, places of public assembly and self-service laundries.

The Town Board of the Town of Yates.

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

Occupancy of a dwelling unit or sleeping unit for not more than 30 days.

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

Wood, metal or masonry building for the storage of personal property. This excludes any devices previously used for highway use, such as truck trailers or manufactured homes.

Any departure from the strict letter of this chapter granted by the Zoning Board of Appeals as it applies to a particular piece of property. Variances run with the land and are not particular to any one landowner.

A building or part of a building used or intended to be used primarily for the storage of goods or products that are to be sold retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods or products to be shipped on mail order; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes, or stored for use in connection with industrial assembly operations. The term "warehouse" shall not include a retail establishment whose primary purpose is for the sale of goods or products stored on the premises. However, this definition is may include purely incidental retail sales as an accessory use.

Land uses, structures and/or economic activities that would not exist without a waterfront location.

Land uses that receive added value or importance because of proximity to a shoreline, often functioning as support services for water uses and water dependent uses.

A business which is primarily involved in sales to other businesses, either directly or as a broker, rather than to the general public.

An alternative energy device which converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator may also be deemed a windmill.

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. (See also "setback.")

The temporary displaying, for no more than three consecutive days in the same location, of household items and clothing for sale on a yard, porch or in a barn or garage. This term shall include garage sales, barn sales, porch sales, tag sales and other sales similar in nature.

The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line. Corner lots and through lots shall have two front yards.

An open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory building and open porches. Corner lots and through lots do not have a rear yard.

An open space on the lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet for rain water leaders, window sills, and other such fixtures and open steps.

The Zoning Board of Appeals of the Town of Yates.

See "certificate of compliance."

A document issued by the Code Enforcement Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses in conformity with this chapter.