A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense include the future, and the plural includes the
singular. Technical words not herein defined shall have the meaning
as defined in Part 606.3 of the New York State Uniform Fire Prevention
and Building Code, a copy of which is on file in the office of the
Code Enforcement Officer.
B.
The word "person" includes an association, partnership
or corporation.
C.
The word "lot" includes the word "parcel."
D.
The word "structure" includes the word "building."
E.
"Occupied" or "used" shall be deemed also to include
designed, intended or arranged to be used or occupied.
F.
The word "premises" includes a lot and all buildings
or structures thereon.
G.
To "erect," to "construct" and to "build" a building
or structure each have the same meaning and also include to "excavate"
for a building and to "relocate" a building by moving it from one
location to another.
H.
The word "shall" is intended to be mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
As applied to a building or use, one which:
In the case of an accessory use, is customarily
incidental and subordinate to and serves a principal use;
[Amended 7-12-2005 by L.L. No. 5-2005]
In the case of an accessory structure, is customarily
incidental and subordinate to an serves a principal structure;
[Amended 7-12-2005 by L.L. No. 5-2005]
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use; and
Is located on the same lot as the principal
building or principal use.
The use of a parcel of land for gain in the raising and production
of crops, fruit, livestock, poultry, dairy products, grapes, nursery
products or horticultural plants and necessary accessory uses for
storage; provided, however, that the operation of such accessory use
shall be incidental to that of the principal agricultural activities.
All products grown or produced on a farm or land used for
agricultural purposes including, but not limited to, fruit, vegetables,
plants, wine, butter, cheese, cider, maple syrup and baked goods.
[Added 10-9-2018 by L.L.
No. 7-2018]
Activities conducted on an existing farm or on land used
for agricultural purposes for the enjoyment or education of the public,
which primarily promote the sale, marketing, production, harvesting
or use of the products of the farm and enhance the public's understanding
and awareness of farming and farm life.
[Added 10-9-2018 by L.L.
No. 7-2018]
The retail sale of agricultural products grown or produced
on an existing farm or on land used for agricultural purposes, farm
markets, roadside stands, livestock shows, petting zoos, seasonal
events such as pumpkin walks, hayrides, corn mazes, harvest festivals,
barn dances, farm demonstrations, school tours, "u-pick" operations
and festivals.
[Added 10-9-2018 by L.L.
No. 7-2018]
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure such as bearing
walls, columns, beams or girders or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; and/or
any alteration whereby a structure is adapted to another or different
use.
A system of electrical conductors that transmit or receive
radio frequency. Such waves shall include but not be limited to radionavigation,
radio, television, wireless and microwave communications.
A dwelling arranged, intended or designed to be occupied
by three or more families living independently of each other, for
which rent is charged, but having common hallways and entrances.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That space of a building that is partly below grade which
has one-half or more of its height, measured from the floor to the
ceiling, above the average finished grade; except for the purposes
of earth-sheltered housing, "basement" shall be defined as only the
one floor having the lowest elevation within the structure.
A dwelling, other than a hotel or motel, where more than
two but less than 10 persons are housed or lodged for remuneration
with or without meals.
The Zoning Board of Appeals of the Town of Richmond.
A structure either partially or totally enclosed and permanently
attached to the ground (primarily used for the storage/anchorage of
boats on lots adjacent to Honeoye Lake).
Wireless, multiple-channel, multiple-receiving-point telecommunications,
typically between earth-based transmitting and receiving sites and
including commercial radio and television, and amateur and citizens
band radio.
Strips of land covered with grass, vegetation, trees, embankments
or berms (excluding any habitable area and intended to provide a neutral
land use between other land uses).
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or recreational or business activity.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside dimensions.
The vertical dimension measured from the lowest elevation
of the finished grade level adjoining the exterior walls of the building
to the highest point of the roof.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of the building or a projected roof or porch, the vertical plane will
coincide with the most projected surface, excluding the steps and
overhanging eaves less than two feet in width. All yards and setback
requirements are measured to the building lines.
See "Code Enforcement Officer."
A parcel of land used or intended to be used, let or rented
for temporary transient, vacation, recreational occupancy by travel
trailers, campers, tents, recreational vehicles, motor homes and the
motor vehicles propelling or carrying the same. "Temporary" shall
mean located in the camping ground no longer than three months.
A story partly or entirely underground and having more than
1/2 of its clear height below the average level of the finished grade
adjoining the building.
An official finding that a planned use of property, as indicated
on the zoning permit, has been constructed or erected in conformance
with the requirements stated in the zoning permit including any special
conditions attached thereto.
An organization catering exclusively to members and their
guests, including premises, and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not vending stands, merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
The official designated by the Town Board of the Town of
Richmond to enforce the provisions of this chapter. The Deputy Code
Enforcement Officer shall have the same powers and duties as the Code
Enforcement Officer.
[Amended 12-11-2001 by L.L. No. 2-2001]
An antenna tower, structure or device which emits or receives
electronic signals for broadcast and/or communication purposes as
part of a commercial or business enterprise.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
Eating and drinking experiences that promote agriculture
and agricultural tourism.
[Added 10-9-2018 by L.L.
No. 7-2018]
Farm-to-table dinners, cooking experiences, weddings and
parties that utilize agricultural products that are grown or produced
on-site or locally.
[Added 10-9-2018 by L.L.
No. 7-2018]
The use of full-cutoff and fully shielded light fixtures
that cast little or no light upward and which minimize glare, including
the use of targeted low levels of light thereby minimizing the total
quantity and distribution of light horizontally or reflected, as well
as the turning off of lights when not needed to minimize unnecessary
night-time light pollution. Guidelines are established in the "Outdoor
Lighting Ordinance and Community Standards" Information Sheet #172,
and the IDA "Outdoor Lighting Code Handbook."
[Added 10-13-2020 by L.L.
No. 3-2020]
An accessory structure which may be detached or attached,
may not consist of a roof, is not to be considered habitable space,
will be required to meet setback requirements for accessory structures
and is not enclosed other than by railings.
Any bulk quantities of chloride compounds and other deicing
compounds intended for application to roads, except chloride compounds
in a solid form which are packaged in waterproof bags or containers.
The New York State Department of Health or 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.
The discharge, deposit, injection, dumping, spilling, leaking
or release by any other means of a substance to the surface or subsurface
of the ground, surface waters or groundwater.
A building designed or used as living quarters for one or
more families.
Buildings containing only one or two dwelling units, and
with three or more buildings attached to each other by party walls
without openings. Side yards shall be required only at the ends of
rows of attached dwellings. The term "attached dwelling" is intended
to apply to row houses, townhouses, condominiums, patio houses, cluster
homes and other forms with three or more buildings so attached to
each other.
A residential building having two side yards.
A group of two or more single-family, two-family or multiple-family
dwellings occupying a lot in one ownership and having any yard in
common.
A detached residential dwelling unit that is assembled at
an off-site location in such a way that it can be transported to a
permanent foundation and meets all New York State Building Construction
Codes and New York State Energy Conservation Construction Code Act[1] requirements and utility hookups and shall possess a New
York State seal.
A residential building designed for three or more units independent
of each other.
A detached residential dwelling unit.
A detached residential building containing two dwelling units.
A building or portion thereof providing housekeeping facilities
including, at a minimum, kitchen, bathroom, sleeping and eating quarters.
A combination of an antenna whose purpose is to receive communications
or other signals from orbiting satellites and other extraterrestrial
sources; a low noise amplifier whose purpose is to magnify and transfer
signals; and a coaxial cable whose purpose is to carry signals into
the interior of a building.
The height of the antenna or dish measured vertically from
the highest point of the antenna or dish, when positioned for operation,
to the ground which supports the antenna.
Any windmills, turbine or other energy-creating or energy-converting
device. Minimum ground clearance from the tip of the propeller must
be 20 feet.
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical or water transmission, distribution, supply
or disposal systems, including poles, wires, drains, sewer, pipes,
conduits, cables, towers, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health, safety or general welfare.
A public or privately owned structure or area used for the
purposes of public performances, private receptions or parties, or
similar attractions that may generate heavy traffic.
[Added 10-9-2018 by L.L.
No. 8-2018]
A parcel of land used for the purpose of extracting stone,
sand, gravel, topsoil, oil, gas or other natural or energy resources
for sale as an industrial or commercial commodity by a commercial
or industrial enterprise.
Antennas, parabolic dishes, towers and energy-creating windmills,
when referred to collectively.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of statewide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
[Added 1-11-2022 by L.L. No. 1-2022]
A structure of wood, masonry, wire mesh or other material
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property, artificially erected for the purpose of assuring privacy
or protection.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
lowest finished grade level.
The official map on which the Federal Flood Insurance Administration
has delineated both the areas of special flood hazards and risk premium
zones applicable to the Town.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior walls or from
the center line of walls separating two buildings. For the purpose
of applying the requirements for off-street parking and loading for
publicly used buildings as in the case of offices, merchandising or
service types of uses, gross floor area shall not include area used
principally for nonpublic purposes such as storage, rest rooms, fitting
or alteration rooms or general maintenance.
Truss-type vertical structure or monopole with or without
guy wires and not mechanically connected or supported by another building
structure.
A yard extending between the side lot lines across the front
of a lot adjoining a public street, situated between the street line
and the front building line.
A structure or portion thereof used primarily for the shelter
and storage of private passenger vehicles owned or used by the occupants
on the lot upon which it is erected for a purpose accessory to the
legal use of the lot.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 10-13-2020 by L.L.
No. 3-2020]
The lowest level of the finished surface of the ground adjacent
to the exterior walls of the building.
That area of a building designed to be occupied by one or
more persons for living, sleeping, eating or cooking, exclusive of
garages and unheated breezeways or porches.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous substance list, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration or physical,
chemical or infectious characteristics poses a significant hazard
to human health or safety if improperly treated, stored, transported,
disposed of or otherwise managed.
Poses a present or potential hazard to the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
Because of its toxicity or concentration within
biological chains, presents a demonstrated threat to biological life
cycles when released into the environment.
A waste or combination or wastes which are identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
listing of hazardous wastes. Hazardous wastes include but are not
limited to petroleum products, organic chemical solvents, heavy metal
sludges, acids with a pH less than or equal to 2.0, alkalies with
a pH greater than or equal to 12.5, radioactive substances, pathological
or infectious wastes, or any material exhibiting the characteristics
of ignitability, corrosivity, reactivity or EP toxicity.
Planted or naturally grown material which prohibits or inhibits
unrestricted travel or view between properties or portions of properties
or between the street or public right-of-way and a property, for the
purpose of assuring privacy or protection.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any weed, and those substances
defined pursuant to Environmental Conservation Law § 33-0101.
An accessory use of a dwelling unit and/or accessory building(s)
for gainful employment involving the manufacture and/or sale of goods
and/or services. Such uses shall be clearly secondary to the principal
use and shall not change the physical character of the principal structure.
Such uses shall not occupy more than 25% of the floor area of a dwelling
unit or more than 50% of an accessory structure. Such uses shall not
employ more than two full-time equivalent employees, other than the
members of the family who occupy the dwelling unit.
An accessory use of a dwelling unit which is clearly secondary
to the principal use and shall not change the physical character of
the structure. Such uses shall be limited to those occupations requiring
a license from the State of New York. No more than 25% of the floor
area of the dwelling shall be used for a home professional occupation.
Such uses shall not employ more than two full-time equivalent employees,
other than the members of the family who occupy the dwelling unit.
A building or buildings containing at least 10 units intended
or designed to be used or which are rented or hired out to be occupied
by transient guests with the stipulated agreement as to the duration
of their stay and who are supplied with and charged for lodging, lodging
and meals and/or other services as are incidental to the use of such
place as a temporary abode for persons who have their residences elsewhere.
Each unit shall contain not less that 225 square feet of living space
with one horizontal dimension being at least 10 feet.
A nonprofit 503(c) organization that works to help stop light
pollution and protect the night skies for present and future generations.
[Added 10-13-2020 by L.L.
No. 3-2020]
An aquatic or terrestrial plant or animal species that is
nonnative to a particular ecosystem, and whose introduction causes
or is likely to cause economic or environmental harm or harm to human
health.
[Added 3-12-2019 by L.L.
No. 1-2019]
See "waste."
A lot, land or part thereof where junk, waste, discarded
or salvaged materials are bought, sold, exchanged, sorted, baled,
packed, disassembled, handled or abandoned, including wrecking or
dismantling yards for automobiles or other vehicles or machinery;
house-wrecking yards; used-lumber yards; places or yards for storage
of salvaged house-wrecking and structural steel materials and equipment;
or where two or more unregistered motor vehicles are held, whether
for the purpose of resale of used parts therefrom, for the purpose
of reclaiming for use some or all the materials therein or for the
purpose of disposing of the same for any other purpose. The term "junkyard"
shall not include pawn shops and establishments for the sale, purchase
or storage or used furniture, household equipment and clothing or
for processing of used, discarded or salvaged materials as part of
manufacturing operations.
Any premises on which more than four dogs six months old
or older are kept for profit.
Light produced by a luminaire that shines upon or is visible
from property beyond the boundary of the property where the luminaire
is located.
[Added 10-13-2020 by L.L.
No. 3-2020]
Space located for public pickups and deliveries. Required
off-street loading space is not to be included as off-street parking
space in the computation of required off-street parking area.
See "boardinghouse."
The business of felling trees, cutting them into logs or
firewood and transporting the logs to sawmills or to market.
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by common interest or use, and the customary
accessories and open spaces belonging to the same.
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.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which is occupied by the
principal and all accessory structures.
The horizontal distance between the front and the rear lot
lines measured on the mean direction of the side lot lines.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage.
The property lines bounding the lot.
LOT LINE, FRONT- The line separating the lot from a street right-of-way.
LOT LINE, REAR- The lot line opposite and most distant from the front lot line, except for corner lots wherein it shall be the lot line behind the principal structure.
LOT LINE, SIDE- Any lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The distance between the side lot lines measured along the
front building line of the lot as determined by the prescribed front
yard requirement.
A complete lighting system, including a lamp or lamps and
a fixture.
[Added 10-13-2020 by L.L.
No. 3-2020]
A lot or structure used for the rental or sale or storage
of boats, motors or other marine supplies and/or repair of said items
and/or the rental of dock space of more than two spaces or buoys or
combination thereof, and other appurtenant uses associated with marina-type
operations.
See "excavation site."
A detached residential dwelling unit designed for transportation
after fabrication on streets or highways on its own wheels and arriving
at the site where it is to be occupied as a dwelling complete and
ready for occupancy except for the minor and incidental unpacking
and assembly operations, location on jacks or other temporary or permanent
foundations, connections to utilities and the like, and carrying a
seal issued by the federal Department of Housing and Urban Development.
See also "premanufactured modular home."
A parcel of land within a mobile home park reserved for placement
of a mobile home for the exclusive use of its occupants.
An improved portion of the mobile home lot on which the mobile
unit sits.
A parcel of land under common ownership on which one or more
mobile homes are occupied as residences or which is planned and improved
for the placement of one or more mobile homes for nontransient residential
use and as further regulated in this chapter.
That part of a mobile home lot which has been reserved for
the placement of a mobile home. The mobile home stand is derived from
the area of a mobile home lot which remains after all setbacks are
met.
A building or buildings designed primarily for transient
travelers and providing accessory off-street parking facilities and
which may include restaurant facilities and/or a dwelling unit for
a bona fide caretaker or operator. The term "motel" includes auto
courts, tourist courts, motor lodges and similar terms. Each sleeping
unit shall contain not less than 250 square feet of living space.
Any land or building used to disperse, sell or offer automotive
fuels, oils or accessories, including lubrication, washing, polishing
or cleaning and the replacement or installation of minor parts and
accessories, but not including any major repair, body repair or painting.
Commonly known as "wireless cable service," a type of commercial
broadcast service requiring a special receiving antenna, receiver
and decoder or descrambler, for which a fee is paid by the receiving
party.
A public area or municipal facility owned, leased, maintained
by or dedicated to the Town of Richmond that offers a wide array of
outdoor and/or indoor recreational opportunities for the general public.
[Added 3-12-2019 by L.L.
No. 1-2019]
Any aquatic or terrestrial plant or animal species with a
geographic distribution indigenous to all or part of the Town of Richmond.
[Added 3-12-2019 by L.L.
No. 1-2019]
A building or structure existing at the date of enactment
of this chapter which in its design or location upon a lot does not
conform to the regulations of this chapter for the district in which
it is located.
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.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
An area of publicly or privately owned land or water that
either remains in its natural state or is used for agriculture, free
from intensive development for residential, commercial, industrial,
or institutional use. These could include agricultural and forest
lands, undeveloped scenic lands, public parks and preserves, and water
bodies.
[Added 3-12-2019 by L.L.
No. 1-2019]
Any recreational use or activity not located within a building.
Antennas constructed in the form of and housed within a parabolic
dish-type structure.
Consists of a space adequate for parking an automobile and
located on a lot with the land use to which it is related.
Any structure extending out into the water built upon fill,
which shall include but shall not be limited to earth, clay, silt,
sand, gravel, stone, rock, shale, concrete (whole or fragmentary),
ashes, cinders, slag, metal, whether or not enclosed, or containing
crib, crib work of wood, timber, logs, concrete or metal; or bulkheads
and cofferdams or timber sheeting, bracing and piling or steel sheet
piling, or steel H piling, separate or in combination.
Any individual, association, partnership or corporation.
Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and those substances defined pursuant to Environmental
Conservation Law § 17-0105.
Any petroleum-based oil of any kind which is liquid at 20°C.
under atmospheric pressure and has been refined, re-refined or otherwise
processed for the purpose of:
An integrated and coordinated development of a tract of land
under single ownership of control which includes one or more principal
buildings and uses or combination thereof and is developed in accordance
with the regulations prescribed under provisions of this chapter.
The Planning Board of the Town of Richmond.
Any man-made body of water more than two feet in depth used
for a water supply for agricultural purposes, fire protection and/or
water supply for the principal use of the lot on which the pond is
located.
A meeting held with the Code Enforcement Officer, or a designee
of the Code Enforcement Officer, and a member of the Planning Board
with an applicant prior to submitting an application. The purpose
of the meeting is to review all the application requirements, regulations,
timeline, current fee schedule, and any other information that will
assist the applicant in preparing a complete application for submission.
[Added 10-13-2020 by L.L.
No. 3-2020]
A detailed residential dwelling unit designed and intended
to be installed permanently on a suitable site and requiring more
than minor and incidental setup assembly and bearing appropriate seals
and or certification.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops and is also available
for these land uses.
[Added 1-11-2022 by L.L. No. 1-2022]
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 or occupied.
An antenna tower, structure or device which emits or receives
amateur radio or citizens band spectrums only or which may receive
any portion of a radio spectrum, provided that said use is not used
for commercial purposes.
The office of a doctor, lawyer, dentist or persons performing
any activity or service licensed pursuant to the provisions of the
appropriate laws of the State of New York.
The words "public building and grounds" as used in this chapter
are intended to designate any one or more of the uses or occupancies,
including grounds and accessory buildings necessary for their use
or occupancy, as specified in Part 701.4 of the New York State Uniform
Fire Prevention and Building Code.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line. In the case of
through lots there will be no rear yards, but only front and side
yards.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic types of recreational vehicles include travel trailers,
camping trailers, truck campers and motorized mobile homes.
Any temporary parking space for an occupied vehicle waiting
for service or admission. Such space shall be in addition to drives,
aisles or parking spaces. One reservoir space shall be 20 feet long
and eight feet wide.
An individual who principally lives in a dwelling in the
Town of Richmond.
Includes all uses for living units regardless of the form
of ownership.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state, and whose design or principal method of operation includes
one or any of the following characteristics:
Customers are served their food or beverages
by a restaurant employee at the same table or counter at which said
items are consumed.
A cafeteria-type operation where food and/or
beverages generally are consumed within the restaurant building.
An operation where foods and/or beverages are
prepared and served for carry-out with consumption either on or off
the premises.
Sale to the ultimate consumer for direct consumption or use
and not for resale.
The line determining the street or highway limit or public
ownership.
Retail outlets, with all related structures, for the sale
of products grown on the premises upon which such stand is located.
Antennas and parabolic dish-type antennas mounted or located
on the roof of any building or structure.
The horizontal distance between the street, rear or side
lines of the lot and the front, rear or side lines of the building
or structure. All measurements shall be made at right angles from
the lot lines to the building or structure 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. For lots abutting the Honeoye Lake shoreline, the rear
lot line shall be the mean water level and the rear setback shall
be the distance between the mean water level and the building or structure
line. A line or boundary fence shall not be considered a structure
for setback purposes.
Two or more separate commercial enterprises which are located
on a single or adjacent lot, or two or more buildings developed as
part of a single integrated development.
A yard extending between the side building line and the nearest
side lot line, situated between the front and rear yards.
Any structure, part thereof or device attached thereto or
painted or represented thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device trademark or other representation
used as, or in the nature of, an announcement, advertisement, direction
or designation of any person, firm, group, organization place, commodity,
produce, service, business, profession, enterprise or industry, which
is located upon any land, portable, movable, standard or on any building.
Any sign which directs attention to a business, principal
commodity, service or entertainment conducted, sold or offered elsewhere
than upon the premises where the sign is located and only incidentally
on the premises if at all.
The area of a sign consisting of the entire surface of any
regular geometric form or combination of regular geometric forms comprising
all of the display area of the sign and including all of the elements
of the matter displayed, but excluding supporting or structural members
not bearing advertising matter.
An outdoor advertising sign, structure or symbol erected
and maintained by an individual or corporation engaged in the sale
or rental for profit of space thereon.
An accessory sign which directs attention to a business,
profession or industry conducted upon the premises on which the sign
is located, or to a primary product, commodity or service sold by
such business, profession or industry.
An advertising sign or device intended to direct or point
toward a place or business or one that points out the way to either
an unfamiliar or unknown place that obviously could not be easily
located without such a sign or device.
Any sign which is attached to a building or other structure
beyond the surface of that portion of the building or structure to
which the sign is attached, and not parallel to the face of the building.
The illumination of the nighttime sky that results from upward
shining light, which is reflected off molecules and particles of dirt
and moisture in the atmosphere.
[Added 10-13-2020 by L.L.
No. 3-2020]
The solid, semisolid or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
Any garbage, refuse, sludge from a wastewater treatment plant,
water supply treatment plant or air pollution control facility and
other discarded materials including solid, liquid, semisolid or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations, and from community activities.
A use that would not be generally appropriate within the
zoning district but which, if controlled as to number, area, location
or relation to the neighborhood, would promote the public health,
safety, order, comfort, convenience, appearance, prosperity or general
welfare and requires the issuance of a special use permit.
A building or use of land in which any livestock are kept
for remuneration, hire or sale.
The State Environmental Quality Review Act adopted pursuant
to the New York State Environmental Conservation Law[2] to incorporate the consideration of environmental factors
into the planning, review and decision-making processes of governmental
agencies. Reference is made to the New York Codes, Rules and Regulations,
Part 617, for a detailed description of SEQR regulations.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet six inches along the studs forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story, excepting earth-sheltered
and A-frame structures in which each story above the first story shall
have an area equal to at least 1/3 that of the first story.
That portion of a building next under a gable, hip or gambrel
roof having a vertical distance between the floor and horizontal ceiling
of at least seven feet six inches, except that for habitable space
under a sloping roof the minimum height above at least 50% of such
floor area shall be seven feet six inches, and the area where the
height is less than five feet shall not be considered in computing
required floor area, excepting in earth-sheltered and A-frame structures
where the minimum height above at least 33% of such floor area shall
be seven feet six inches and the area where the height is less than
four feet shall not be considered in computing required floor area.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The right-of-way line of a street; the front lot line.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground.
Any natural or artificial pool or structure which is designed
to contain water to a depth of more than two feet and has at least
one horizontal dimension of 12 feet or more. The term shall include
structures built higher on, above or below the surrounding finished
grade, but shall not include ponds as defined herein.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are structures incidental to new construction
which are to be removed within 30 days after the completion of the
construction work.
A lot that goes through from one street to another, and front
yards are required on both streets.
Any tower, pole or other structure, whether attached to a
building, guyed or freestanding, designed to be used for the support
of any device for the transmission or reception of electronic signals,
including band, FM, television, microwaves or any energy-creating
windmills.
The Town of Richmond in Ontario County, New York.
The Town Board of the Town of Richmond.
The Town Clerk of the Town of Richmond.
The Town Law of the State of New York.
See "recreational vehicle."
A relaxation of the terms of the Zoning Law where such will
not be contrary to public interest and where, owing to conditions
peculiar to the property and not the result of actions of the applicant,
a literal enforcement of this chapter would result in unnecessary
hardship and practical difficulty, and to be granted only in accordance
with the law applicable thereto.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
[Added 10-13-2020 by L.L.
No. 3-2020]
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 10-13-2020 by L.L.
No. 3-2020]
All vehicles propelled or drawn by power, other than muscular
power, originally designed and intended for use on the public highway.
Any material temporarily or permanently discarded or unwanted.
The duly appointed person designated by § 1101
of the Public Health Law to inspect and report the possible violations
under this chapter.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
shall also be deemed a windmill. Windmills used solely for agricultural
purposes are excluded from this definition.
Point-to-point communications service via transmitting antennas,
receiving antennas and relay or repeater antennas which may be earth-
or satellite-based, and including personal communications/personal
wireless service commonly known as "cellular telephone" or "digital
cellular telephone" and pagers, and may include other point-to-point
services such as videophone and wireless computer telecommunications.
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided in
this chapter, situated between the principal building or group of
buildings and the nearest lot line.
The permit issued by the Code Enforcement Officer authorizing
the development, construction, extension or use of land and/or buildings.
